Molly Foley-Healy

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Late last week, Aaron Acker and I co-presented a legislative update session at the Colorado Bar Association course Advanced HOA Issues: Communities in Distress. Aaron, the HOA Information Officer with the Colorado Division of Real Estate (“Division”), focused on the role of the Division relating to homeowners’ associations (“HOAs”) and provided a synopsis of the types of HOA-related complaints his office is receiving. Here’s an overview of what Aaron shared with the attendees:Continue Reading HOA Information Officer Gives Synopsis of Complaints at CBA Course

I know you are all enjoying summer and thinking about taking time off to spend with family and friends. As board members, I also know the last thing on your mind is thinking about the 2012 budget for your association. However, if your fiscal year begins on January 1, 2012, toward the end of the summer and through the fall you will be working with your manager on preparation of the budget for your association. If your association is self-managed, that task can be even more daunting.

Please do not misunderstand me; I’m not suggesting that you begin preparing your budgets now. Frankly, you don’t have all of the data you need to make good decisions and you shouldn’t be spending your summer crunching numbers. Instead, as the policy makers of your communities, I would like to suggest that you begin thinking about whether the current assessment levels are meeting your association’s fiscal needs.

 

Here are a couple of areas to contemplate and related questions to ask yourselves:Continue Reading Contemplating Budget Preparation Season . . .

If you ask folks why they ran for a position on the board of directors of their homeowners’ association (“HOA”), you would probably get a variety of answers. Many individuals will tell you they ran for the board because they are committed to ensuring their community is well-run, well-maintained and a great place to live. Some might tell you they are on the board because they couldn’t find anyone else to volunteer. Others ran for a seat because they are angry about how the association is being run or governed. Their anger might be focused on parking issues, covenant enforcement issues or concerns about raising assessments. Continue Reading What Hat Are You Wearing at HOA Board Meetings?

Serving on the board of directors of a homeowners’ association (“HOA”) takes a lot of work and dedication. These uncompensated volunteers are responsible for ensuring the smooth and effective governance and operations of their associations. With the possible exception of raising assessments, taking covenant enforcement action against members is one of the least favored duties these individuals are required to carry out. Continue Reading Directors Live In a Fishbowl

Yesterday Mainstreet.com reported on a new book that Evan McKenzie has written about the future of HOAs in the United States. Professor McKenzie, a political science professor at the University of Illinois at Chicago, has been studying the political structures of HOAs for years and previously authored Privatopia: Homeowner Associations and the Rise of Residential Private Government. 

In his recently released follow-up entitled Beyond Privatopia: Rethinking Residential Private Government, Professor McKenzie “explores the latest issues and trends in common interest developments and opposing viewpoints as to how they should be managed.” Mainstreet.com reports that “McKenzie’s larger point is that once consumers gain some leverage against homeowner groups, these associations will begin to lose power, and eventually fade away.”Continue Reading HOAs Going the Way of the Dodo? Not Likely

WBTV News in Charlotte, North Carolina reported yesterday on an ugly dispute in a homeowners’ association (“HOA”) over removing a pot-bellied pig from the community. The feud escalated to a point where the owner of the pig posted an entry on her Facebook page with a picture of her pig and “an image of a gun with a backward facing barrel with words “Made especially for HOA Board Members,” according to a report last week from deputies.” Continue Reading Do Your Governing Documents Address Pot-Bellied Pigs?

On Saturday, ABC 15 out of Scottsdale, Arizona reported on a dispute Steven Seagal is having with his homeowners’ association (“HOA”). The gated community which sports multi-million dollar homes is upset about the number of workers’ vehicles parked in front of the action star’s home. 

This issue seems to have been going on for quite awhile. Seagal’s attorney, Mark Goldman, commented, “They were very upset because there were numerous cars here, but there had to be cars here because the home hadn’t been lived in for two years.” Continue Reading Fred Flintstone v. Steven Seagal?

Summertime and the living is easy . . . unless you are a community association manager or board member in a homeowners’ association (“HOA”) dealing with violations of covenants, rules and regulations or architectural guidelines. It can be extremely frustrating to receive constant complaints on alleged violations, to send out letters to owners informing them of a violation and requesting their compliance – only to be repeatedly ignored. Sometimes the only option left is to “motivate” these individuals to come into compliance by the imposition of a fine. But before a fine is imposed, make sure that your HOA is compliant with Colorado law. 

The Colorado Common Interest Ownership Act (“CCIOA”), at C.R.S. 38-33.3-209.5(2), addresses the parameters that HOAs must comply with prior to imposing a fine. Here’s what you need to know:Continue Reading Before Imposing Fines – Make Sure Your Ducks Are in a Row