Molly Foley-Healy

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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

CTV News in Ontario, Canada – reported on a story entitled Faulty towers: The hidden dangers of low condo maintenance fees. This story could have been written anywhere in the United States and even Colorado. While the circumstances facing the condominium association in the article are extreme, the story outlines the inevitable results of artificially low assessments, deferring maintenance and failing to fund reserves.

In these tough economic times, no board or resident of a homeowners’ association (“HOA”) wants an assessment increase. Heck – even in good times nobody wants an increase! However, the responsibility of an association to maintain, repair and replace common elements does not magically go away. You need only look at the declaration of covenants, conditions and restrictions for your HOA to determine the responsibilities of your association. For condominium associations – this is particularly important since your association likely has significant and potentially costly responsibilities. 

Continue Reading Is your HOA prepared to handle the maintenance, repair and replacement of common elements?

I can’t believe it . . . the sun is actually peeking out from behind the clouds that seem to have taken up residence over Colorado! Hmmm . . . is it time to start thinking about installing solar panels on the roof of my house? Do you think the HOA will notice if I install them without receiving architectural approval? Will the HOA try to stop me from doing my part to help save the environment?

Colorado law (C.R.S. 38-30-168) addresses the authority of HOAs to regulate the installation and use of “solar energy devices” which are defined as “. . . a solar collector or other device or a structural design feature of a structure which provides for the collection of sunlight and which comprises part of a system for the conversion of the sun’s radiant energy into thermal, chemical, mechanical or electrical energy.” Solar panels clearly fall within this definition. 

 

Here’s what HOAs need to know about regulating the installation of solar panels:Continue Reading Solar Panels: What HOAs Need to Know

The Colorado Civil Rights Division (“CCRD”) of the Department of Regulatory Affairs yesterday disseminated a news release describing a year long investigation into the towing practices of  Kimberly Hills which is located in Federal Heights. While Kimberly Hills is not a homeowners’ association (“HOA”), the same principles apply and the story is instructive for HOAs.Continue Reading CCRD Focuses on Discriminatory Towing Practices

We have been hearing a lot of buzz out in the HOA world about the new Americans with Disabilities Act (“ADA”) regulations relating to pool accessibility standards. Many associations are confused about whether these new standards apply to their communities, what exactly the pool accessibility standards require and when modifications to pools and spas must be made. For our HOA friends out there, here’s what you need to know:Continue Reading New ADA Pool Accessibility Standards: What HOAs Need to Know

Late last week, StockMarketsReview.com posted a story entitled “Revenge Foreclosure Is a Tool in the Hands of HOAs.” The story begins by asserting that a new term “revenge foreclosures” has been coined in the HOA world. “It refers to the increasing number of foreclosures being initiated by homeowners associations against house owners for unpaid association fees. It is easier for the associations to foreclose than the banks because here the question of proof of ownership does not arise.” 

The story goes on to describe the following scenario: “The associations engage debt collectors to do their work. LM Funding grants loans to the associations and then brings their books up to date. The firm shares a proportion of the collected fees. Frank Silcox, CEO of the firm said about the associations foreclosing on the unit owners, “They are angry, and they make a short-term decision. They’re thinking they just want to get back at them.”Continue Reading Revenge Foreclosures: Are you kidding me?

At long last, today is the final day of the 2011 Colorado Legislative Session. All in all, it was a good session for HOAs in Colorado. Unfortunately, the HOA registration clean-up bill (“SB 253”) was derailed by the House Majority Leader at the 11th hour.

SB 253, backed by CAI’s Colorado Legislative Action Committee (“CLAC”), was introduced to clean-up and clarify provisions of HB 10-1278 which last year created the HOA Information and Resource Center and HOA Registration – both of which are under the auspices of the Colorado Division of Real Estate. As fully discussed in our April 21st blog posting, SB 253 was intended to provide clarity and protection for HOAs from unnecessary litigation and potential legal exposure relating to the statutorily flawed registration requirement. Continue Reading HOA Registration Clean-Up Bill Dead

Imagine this, you are watching your five-year old son playing in the grass located directly in front of your townhouse when security for your HOA informs you that your son can play in the street or back alley – but not on the grass. You then receive a violation letter informing you that children are not permitted to play in the common areas. As KVVU Las Vegas reported, that’s exactly what happened to Ramona Sjogren. 

Okay – is this story a joke? Did this HOA really have an employee tell a resident to have her five-year old play in the streets and alleys instead of the common areas? Has this HOA considered the potential liability associated with kids in the community getting hit by a car backing out of a garage or driving down a street? What kind of insurance coverage is the association carrying? Do you think this HOA has ever heard of the Federal Fair Housing Act?Continue Reading Play In the Streets and Not On the Grass!