Suzanne M. Leff

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And knowing is half the battle. – G.I. Joe

When owners in community associations sell their homes, associations and their management companies inevitably get involved in the transactions by providing governing documents for the buyers’ review and status letters showing assessments and other amounts due at the time of closing. These document disclosures typically fall…

Snow season is upon us! Most communities have secured their vendors for the season, with signed contracts already in place. For many communities, those snow removal contracts include snowfall triggers that obligate the vendor to mobilize and fulfill the contract obligations once a specific snowfall threshold is reached, such as two inches of snow. The…

Earlier this year, the Colorado General Assembly enacted one of the most stringent data protection laws in the country. This law applies to Colorado businesses and governmental entities as well as third-party vendors who collect and maintain personal identifying information (“PII”). C.R.S. 6-1-713 defines PII as “a social security number; a personal identification number;…

Welcome to the Colorado Homeowners Association Law blog! Winzenburg, Leff, Purvis & Payne, LLP attorneys seek to provide timely information on news, legislation, and common issues facing community associations in Colorado. You can receive this information directly in your email inbox by following these steps:

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Winzenburg, Leff, Purvis and Payne, LLP is pleased to announce our Warehouse Lecture Series for the 2017/2018 year. The Series is comprised of quarterly, half-day sessions providing Community Association Manager Continuing Education credits approved by DORA.

The first session, titled “Meetings,” will take place Friday, October 27, 2017, from 8:30 am to 12:30 pm. Session…

All the media and legislative talk of construction defect litigation and its impact on condominium construction in Colorado may seem like discussion that does not impact existing communities. But the changes to state and local laws concerning construction defect litigation do affect existing communities by creating owner notice and vote requirements that, in some cases, apply to construction undertaken by associations long after initial development of their communities. The impact of these requirements on communities will likely play out over time as defects occur and associations seek remedies.

While associations cannot unilaterally change the controlling laws, associations can take proactive steps when contracting for new projects. In particular, associations need to know how the potential for construction defects may affect insurance coverage on projects that associations contract to complete on their own. Did you know that many contractors’ insurance policies exclude multi-family housing projects from coverage?Continue Reading Construction Defects and Insurance: Proactive Steps To Protect Your Community

HOA transfer fees are getting some attention in the news again this week. In particular, news coverage has focused on demands that HOA property management companies provide invoices for the transfer fees charged to buyers or sellers of properties within HOAs. There is good news for buyers and sellers in HOAs: access to transfer fee information is already available.

What exactly are transfer fees? Colorado statutes address transfer fees in the three following ways that are relevant to HOAs and their members:

  1. The Colorado Revised Nonprofit Corporation Act expressly authorizes nonprofit corporations to impose transfer fees upon their members unless the articles of incorporation provide otherwise. Most HOAs are formed as nonprofit corporations and have this right to impose transfer fees.
  2. The real property statutes prohibit certain transfer fee covenants, such as those intended to benefit a person or entity who does not hold an interest in the property burdened by the covenant. But transfer fee covenants for fees payable to homeowner associations are not prohibited and are recognized by statute as valid fees.
  3. Community association management companies typically contract with the HOAs they manage to charge transfer fees to the buyers or sellers of properties within those communities. The community association manager statutes and licensing rules impose explicit requirements on managers concerning these transfer fees. Those statutes and rules are the good news for buyers and sellers, and all owners, who want to know what transfer fees apply in their HOAs.

So what rights do owners, buyers, and sellers have to access transfer fee information?Continue Reading HOA Transfer Fees: Access to Information Available Now

Winter in Colorado is sure to bring cold weather, snow, and urgent phone calls about broken water lines and slip-and-fall accidents on common areas. The problems usually start when the temperature begins to warm up after a cold spell or heavy snowfall. Water suddenly streams out of broken pipes, or snow melts and then freezes when the temperature drops at night. Whatever the circumstances, managers and board members can attest to the amount of work involved responding to owners, sorting through damages and injuries, dealing with insurance, and trying to understand legal obligations for water and slip-and-fall incidents. Most of us would love to find a magic wand that we could wave to make these problems disappear. Unfortunately, magic is not a reliable solution.

Associations can best position themselves for dealing with slip-and-fall situations by planning ahead and communicating with owners along the way. If your association is not sure what responsibility it has to remove snow and ice hazards from common areas, here are some risk management steps to help.

Review the association’s governing documents to determine responsibilities for snow removal. Different communities have different responsibilities, and your documents give direction. A condominium community may have the general obligation to remove snow from the common elements, while townhome documents may only require the association to take care of parking lots. A failure to comply with the covenants could result in claims of breach by the association, so confirming responsibilities up-front is crucial.Continue Reading Frozen? Snow and Ice – Don’t Let It Go

We’ve all received the party invitation with a note letting us know that gifts are not requested–Your presence is present enough. Some of us take the cue, while others go above and beyond and bring a gift despite the note. I like to think that association board members, through their election or appointment to their boards, receive an invitation to the big party of the boardroom. And I’d like to encourage you to thank your association’s board members for their presence on the board this holiday season. I realize you’re busy attending parties at work, gathering with family and friends, going to your places of worship, and finding time to relax amidst the bustle of the season. Whew–this is a busy time of year! But this one quick and easy task can be accomplished by email, in passing at the mailbox, or through a handwritten note or card. I sincerely encourage you to reach out and say "thank you."

This is my "thank you" note to board members:Continue Reading Your Board’s Presence Is Present Enough: Don’t forget to say “Thank you” this holiday season