Molly Foley-Healy

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11News recently reported on a condominium association in Grand Junction that has evidently made it difficult for a 96 year old resident to receive delivery of oxygen tanks which are critical to her health and well-being. 

Ms. Metcalfe claims that the homeowners’ association (“HOA”) is no longer permitting her oxygen tanks to be delivered through the front entrance of the association. As a result, she is forced to travel down 3 flights of stairs to receive her delivery from the garage entrance. Ms. Metcalfe claims that she has already taken a serious fall trying to get down to the garage. She told 11News that “I did fall, and I injured my head, my hip, my knee.” She was subsequently hospitalized for treatment of her injuries.Continue Reading Condo Association Makes Delivery of Oxygen Tank Difficult for Elderly Resident

The Colorado HOA Information Office and Resource Center ("Center"), housed within the Division of Real Estate, has published the following consumer brochures:

Before You Purchase in an HOA

Covenant & Rule Enforcement

HOA FAQs

Understanding HOA Meetings

One of the purposes of the Center is to provide information to consumers on the rights and responsibilities…

Yesterday, theday.com in Connecticut reported on an unfortunate story of an owner who lost his condominium unit to a fire only to find out the insurance coverage the association was required to have in place had lapsed for lack of payment. While Mr. Jain carried a standard policy to cover the contents of his unit, the policy does not cover the actual structure.

This is a great example of the challenges which face small condominium associations. In some cases, these associations do not have the funds necessary to hire professional management to handle the finances of the association and to ensure that proper insurance coverage is in place. This is unfortunate because these small associations typically have the same responsibilities as their larger counterparts.Continue Reading Insurance Nightmare for Owner in Small Condominium Association

“Nasty Joe” is an extremely angry person. You know the type, he’s not happy unless he’s embroiled in an ugly battle. Joe will always point the finger at others, engage in loud, vicious and profane verbal attacks and will never ever back down. He is a master at drawing people into a battle, because he knows he will always win and it fuels his fire.     

Unfortunately, Nasty Joe sometimes lives in a homeowners’ association. If you have encountered a Nasty Joe – you know it’s a no-win situation. These people take great satisfaction in targeting professional staff and members of an association’s board of directors. For these angry people, there’s nothing better than violating covenants and making life a misery for everyone involved.

 

Here are some tips for dealing with a Nasty Joe:Continue Reading Dealing with Nasty Joe: Step Back and Take a Deep Breath

With the sun finally heating up Colorado, so are the architectural requests by residents in homeowners’ associations (“HOAs”). Like solar panels and windmills, Colorado law regulates unreasonable restrictions by HOAs on “energy efficiency measures.”

The Colorado Common Interest Ownership Act (“CCIOA”), at C.R.S. 38-33.3-106.7, defines an energy efficiency measure as “a device or structure that reduces the amount of energy derived by fossil fuels that is consumed by a residence or business located on real property.” CCIOA specifically limits “energy efficiency measures” to include only the following items and devices:Continue Reading Awnings and Shutters and Clotheslines – Oh My!

It’s that time of year when homeowners’ associations in Colorado see complaints about pets begin to escalate.  Whether it’s barking dogs, stray cats, phantom poop or dogs playing in the common areas without a leash – these complaints are problematic but usually not life-threatening. 

To put our challenges with pets into perspective, check out this notice posted in a Florida HOA: Continue Reading Alligator Alert: Putting Pet Problems in Perspective

Just as homeowners’ associations are opening their pools for the summer season, the U.S. Consumer Product Safety Commission (“CPSC”) announced a recall of pool and spa drain covers produced by eight manufacturers. According to the CPSC, the “recalled drain covers were incorrectly rated to handle the flow of water through the cover, which could pose a possible entrapment hazard to swimmers or bathers.” 

The recall involves various pool and spa drain covers that can be identified by the manufacturers’ name and model information listed below: Continue Reading CPSC Announces Recall of Pool and In-Ground Spa Drain Covers

With the Memorial Day weekend upon us, residents in homeowners’ associations (“HOAs”) across the United States fly the American flag and service flags to honor our fallen heroes. As a result, it’s the perfect time to review provisions of Colorado law addressing HOAs regulating the display of these flags in associations. 

Here’s what HOAs need to know:Continue Reading Displaying the American and Service Flags: What HOAs Need to Know

 Okay – so some stories are just really hard to resist. In Tucson’s Sunflower Community Association, a major controversy broke out over building pickleball courts. For some reason, the thought of playing pickleball cracks me up. My reaction makes no sense and is unfair since I don’t even know what pickleball is. For the life of me, I can’t imagine what a pickleball looks like or what you would do with it. . . Pickleball players – please forgive my ignorance and irreverence!

While I got a kick out of contemplating what uniform one would wear when playing pickleball, the events that occurred in the Association are no laughing matter. Best as I can tell from the Explorer Newspaper and other sources, here’s what happened: The Board of the Association determined that construction of pickleball courts was a good idea. In order to fund the courts, the Board planned to utilize funds collected through a transfer fee called the Community Improvement Fee (“CIF”).  To utilize CIF funds, the Board would first have to obtain approval from the members.  A vote was held and members of the Association voted against funding construction of the courts. The Board, still of the opinion that pickleball courts would benefit the community, followed provisions in the governing documents to levy a special assessment of $47.00 per unit to build the courts. Given the amount of the special assessment, the Board was not required to obtain member approval. Continue Reading HOA Board in a Pickle with Sour Homeowners

Last Friday, I celebrated the sun coming out by blogging on solar panels in homeowners’ associations (“HOAs”). In that entry, I mentioned that solar panels are regulated as “renewable energy generation devices” under Colorado law and cannot be prohibited from being installed in HOAs. However, associations do have some broad authority to regulate the aesthetics and placement of the panels.

Like solar panels, windmills (referred to as “wind-electric generators” under the statute) are also classified as a “renewable energy generation device” and have similar protections under C.R.S. 38-30-168.

 

Here’s what HOAs in Colorado need to know about regulating the installation of windmills:Continue Reading Windmills: What HOAs Need to Know