Molly Foley-Healy

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HOA Records Which Must Be Withheld from Production

As we continue on our journey to prepare managers, management companies and HOA boards to comply with the HOA records bill (“HB 1237”) which will become effective on January 1, 2013, let’s review what we have covered thus far. In our first blog entry, we covered the records that HOAs will be required to maintain and produce to owners upon request. In our second blog entry, we covered the records that HOAs may withhold from inspection and copying by owners. Today we will cover the small category or records which HOAs are required to withhold from production and inspection by owners. 

The following records maintained by an HOA are not subject to inspection and copying, and must be withheld, to the extent they are or concern:Continue Reading HOA Records Bill – Start Preparing Now to Comply! Blog Entry #3

HOA Records Which May Be Withheld From Production

Last Friday, House Bill 1237 (“HB 1237”) was sent to Governor Hickenlooper for action. As we have noted in previous blog postings, given the bipartisan support for the bill, we fully expect HB 1237 to be signed into law. While the new law will not go into effect until January 1, 2013, now is the time for managers, management companies and HOA board members to get acquainted with the requirements of the new law and to begin preparing to comply with them by the 1st of the year. 

I began a short series of blog entries last Thursday to bring everyone up-to-speed on the requirements of HB 1237. The first blog entry provided a list of the records that every HOA will be required to maintain and provide to owners upon request. This blog entry will cover records which associations may withhold from producing to owners.

 

The following records maintained by an HOA may be withheld from inspection and copying to the extent they are or concern:Continue Reading HOA Records Bill – Start Preparing Now to Comply! Blog Entry #2

HOA Records Which Must Be Maintained and Produced

House Bill 1237 (“HB 1237”), the HOA records bill, has been prepared to be sent to Governor Hickenlooper for action. Based upon the bipartisan support the bill has enjoyed, we fully expect the Governor to sign HB 1237 into law. Once that happens, the bill will become effective on January 1, 2013. 

In addition to the advice Suzanne Leff gave in her blog on Monday, this short series of blog entries will provide guidance to managers, management companies and HOA board members on what you need to know to be prepared to comply with the new law. 

 

Beginning on January 1st, here is a list of the records which HB 1237 requires associations to maintain and produce to owners upon request:Continue Reading HOA Records Bill: Start Preparing Now to Comply!

Following an implosion in the House last night over legislation on civil unions that ultimately killed over 30 other bills, CAI’s Colorado Legislative Action Committee ("CLAC") became concerned about whether time would run out on this last day of the legislative session to take up the the HOA records bill – HB 1237.  With the sands in the hourglass running low, we are pleased to report that the House…

As we reach the end of our journey in outlining the 8 traits of highly effective HOA directors, it’s appropriate to recap the first 7 traits that make these individuals outstanding participants in the governance of their homeowners’ associations (“HOAs”). So here’s a recap from the beginning: 

Trait #1: It’s all about the HOA and not about their personal agenda. 

 

A highly effective director understands that he/she has a fiduciary duty to act in the best interests of the association as a whole and is able to put aside his or her personal interests or agenda on any given issue. A highly effective director is also able to put the interests of the association ahead of the interests of neighbors or friends.

 

Trait #2: A highly effective director never attends an association meeting without having the governing documents of the association close at hand and routinely consults the documents for guidance.

 

A highly effective director understands that he/she has a duty to comply with and enforce the governing documents of the association. A highly effective director understands and is committed to consulting the governing documents of the association prior to making decisions. These directors always have the declaration, bylaws, SB 100 policies, and the rules and regulations of their association available for review at all meetings.   Continue Reading Highly Effective HOA Directors: Trait #8

Yesterday our own Congressman from Colorado, Ed Perlmutter (D, 7th District), sent an outstanding letter to Carol Galante (Acting Federal Housing Commissioner and Assistant Secretary for Housing with HUD) addressing some very real problems with the current FHA certification requirements.  Congressman Perlmutter called on Acting Commissioner Galante to revisit the FHA certification requirements relating to:

" ● No more than 15 percent of the units…

As we enter the homestretch in outlining the 8 traits of highly effective HOA directors, I have to say that I’m thrilled at the number of hits this series of blog entries has received. I suspect the issue of governing effectively is a hot topic because it’s just not that easy to govern HOAs in these tough economic times. Directors are looking for the “secret to success” and unfortunately there’s no silver bullet. However, we hope that at least a few of the traits we have outlined in this series will resonate with directors who may be struggling and help point them in the right direction. 

The 7th trait of a highly effective director requires these individuals to not only deal with the issues of the day – but to look strategically toward the future.Continue Reading Highly Effective HOA Directors: Trait #7

This morning we continue our journey to identify the traits of highly effective HOA directors. While we could go on at length over what makes a director great, this series of blog entries will identify 8 essential traits of these outstanding leaders.

To recap, here’s where we have been on our journey thus far:

 

Trait #1: It’s all about the HOA and not about their personal agenda.

 

 

Trait #2: A highly effective director never attends an association meeting without having the governing documents of the association close at hand and routinely consults the documents for guidance.

 

 

Trait #3: A highly effective director asks constructive questions and is an outstanding listener.

 

 

Trait #4: A highly effective director never acts as a Lone Ranger.

 

 

Trait #5: A highly effective director passionately debates issues in the board room and then supports the ultimate decision of the board. Continue Reading Highly Effective HOA Directors: Trait #6