Molly Foley-Healy

Subscribe to Molly Foley-Healy's Posts

A commonly missed provision of the Colorado Common Interest Ownership Act (“CCIOA”) requires that virtually all information provided to or available to one director relating to the HOA– must be shared with all directors. The intent of this provision of CCIOA is to ensure that every director of an HOA has the information he/she needs to effectively participate in the governance of their communities. In addition, this provision is intended to make certain that directors do not leave one or more fellow directors out of the information loop. 

CCIOA, at C.R.S. 38-33.3-303(1)(b), provides as follows:Continue Reading CCIOA 101 for HOA Boards: Dissemination of Information to All Directors

On Monday, I began a series of blog entries entitled CCIOA 101 for HOA Boards. The purpose of this series is to provide basic information for directors on key provisions of the Colorado Common Interest Ownership Act (“CCIOA”) they need to know about and comply with. In the first entry, I focused upon the requirement that board and committee meetings must be open to the members of the HOA – or their designated representatives. 

While as a general rule board and committee meetings must be open, the Colorado Common Interest Ownership Act narrowly regulates the circumstances under which a board or committee of an HOA may convene in a closed executive session. CCIOA, at C.R.S. 38-33.3-308 (3) and (4), specifically provides as follows:Continue Reading CCIOA 101 for HOA Boards: Use of Executive Sessions

For those of you who follow our blog, you know that I recently concluded a series of blog entries on the new HOA records bill (“HB 1237”) which has been signed into law by Governor Hickenlooper and will go into effect on January 1, 2013. This is just a first step the Colorado legislature has taken to address “homeowner bill of rights” provisions in the Colorado Common Interest Ownership Act (“CCIOA”). 

As I have shared in recent blog entries and in articles I have written for the Rocky Mountain and Southern Colorado Chapters of Community Associations Institute, in 2013 legislators in Colorado have pledged to introduce legislation to provide an enforcement mechanism that homeowners can utilize to ensure their HOA boards are complying with CCIOA. This legislation could even institute penalties for failing to comply.

 

While some boards may purposefully not comply with provisions of CCIOA, I believe the vast majority of boards are acting in good faith and strive to do the right thing. Instead, they may not know about or fully understand important provisions of CCIOA that provide rights to homeowners/members of their associations. As a result, over the next several weeks, I am going to be posting a series of blog entries entitled CCIOA 101 for HOA Boards aimed at getting HOA board’s up-to-speed on important provisions of CCIOA. The first few blog entries in this series will focus upon the rights of members relating to HOA meetings. Continue Reading CCIOA 101 for HOA Boards: Open Meetings

For those of you who follow our blog, you know that I recently concluded a series of blog entries on the new HOA records bill (“HB 1237”) which has been signed into law by Governor Hickenlooper and will go into effect on January 1, 2013. This is just a first step the Colorado legislature has taken to address “homeowner bill of rights” provisions in the Colorado Common Interest Ownership Act (“CCIOA”). 

As I have shared in recent blog entries and in articles I have written for the Rocky Mountain and Southern Colorado Chapters of Community Associations Institute, in 2013 legislators in Colorado have pledged to introduce legislation to provide an enforcement mechanism that homeowners can utilize to ensure their HOA boards are complying with CCIOA. This legislation could even institute penalties for failing to comply.

 

While some boards may purposefully not comply with provisions of CCIOA, I believe the vast majority of boards are acting in good faith and strive to do the right thing. Instead, they may not know about or fully understand important provisions of CCIOA that provide rights to homeowners/members of their associations. As a result, over the next several weeks, I am going to be posting a series of blog entries entitled CCIOA 101 for HOA Boards aimed at getting HOA board’s up-to-speed on important provisions of CCIOA. The first few blog entries in this series will focus upon the rights of members relating to HOA meetings. Continue Reading CCIOA 101 for HOA Boards: Open Meetings

Charges for Assembling, Producing and Copying Records

Yesterday I blogged that Governor Hickenlooper had signed the HOA records bill (“HB 1237”) into law. In order to be prepared to comply with the new law when it goes into effect on January 1, 2013, we are recommending that managers, management companies and HOA boards familiarize themselves with the requirements of the new law and to begin preparing now to comply.

For those of you who have been following my blog series which outlines the requirements, of HB 1237, you know we have covered: (1) records which HOAs will be required to maintain and produce to owners upon request; (2) records which may be withheld from production to owners; (3) records which must be withheld from production to owners; (4) restrictions which owners in HOAs must follow when utilizing membership lists; and (5) procedures which HOAs will be permitted to utilize in obtaining and processing records requests from owners.

 

Today I am going to cover what HOAs may charge, beginning on January 1st, for assembling, producing and copying records. Here’s what you need to know:Continue Reading HOA Records Bill – Start Preparing Now to Comply! Blog Entry #6

We hope you all had a wonderful holiday weekend and took time to reflect on the sacrifices that our men and women in the military have made for the United States. For those of you who have lost loved ones in the service of our great country, our thoughts and prayers are with you. 

Americans express their thanks to the members of our military and their patriotism in a variety of ways. One of the most common ways they do this is by displaying the American flag. As we continue to remember those lost while serving their country and with Flag Day and the 4th of July fast approaching, now is an appropriate time to remind HOAs about Colorado law relating to flying the American flag and service emblems. 

 

Here’s what HOAs need to know:Continue Reading Displaying Patriotism in HOAs

Procedures for Requesting HOA Records

As we prepare managers, management companies and HOA boards to comply with the HOA records bill (“HB 1237”) when it signed into law and becomes effective on January 1, 2013, we have covered: (1) records which must be maintained by HOAs and produced to owners upon request; (2) records that may be withheld from production to owners; (3) records which must be withheld from production to owners; and (4) restrictions which members of HOAs must follow when utilizing membership lists. 

Today we are going to cover procedures which HOAs will be permitted to utilize in obtaining and processing record requests from owners. Here’s what you need to know: Continue Reading HOA Records Bill – Start Preparing Now to Comply! Blog Entry #5

Use of Membership Lists

HB 1237, the HOA records bill, has not yet been signed into law by Governor Hickenlooper. However, we expect that to happen in the very near future. Since the new law will ultimately go into effect on January 1st, we are posting a series of blog entries on what managers, management companies and HOA boards need to do to prepare to comply with the new law. Here’s what we have covered thus far:

 

  1. HOA records which must be maintained by the HOA and produced to owners upon request;
  2. HOA records which may be withheld from production to owners; and
  3. HOA records which must be withheld from production to owners. 

Today we are going to cover the restrictions on members relating to the use of a membership list they obtain from their HOA. While this provision mirrors current law, it’s worth a reminder. Here’s what you need to know:Continue Reading HOA Records Bill – Start Preparing Now to Comply! Blog Entry #4