Yesterday, Molly Foley-Healy wrote about community association rules and evaluating whether your association’s rules and restrictions fit your community. Making your rules and regulations fit your community is only one step in the process of reviewing and revising board-adopted rules and regulations. What if your rules are illegal?

One condominium association in Canada was recently ordered to pay a former owner $10,000 for prohibiting the owner’s young daughter from swimming in the association’s pool. The association’s rules prohibited any child under the age of 2 from using the pool. Even though the rule at issue may have fit the community, which apparently consists of many owners or residents over the age of 65, the rule violated the Canadian fair housing laws because it discriminated based on familial status. Similar fair housing laws apply to Colorado community associations.


Continue Reading Ruling Out Diapers Could Really Stink for Your Association

Associations often contract with individuals for bookkeeping, landscaping, or building maintenance services, among other things. The status of these service providers as either independent contractors or employees can have important tax and legal consequences for associations.

The IRS initiated a crackdown in 2010 concerning the classification of independent contractors and employees. The IRS will randomly audit 6,000 companies through 2013 and will generate about $7 billion for state and federal governments from employers that misclassified employees as independent contractors.


Continue Reading Independent Contractors vs. Employees: What HOAs Need to Know

While owners of individual houses and townhomes in homeowners associations may install solar panels on their rooftops (subject to prior association approval), roofs of condominiums are a different story.

 

We often receive questions from condominium associations regarding owners’ rights to install solar panels on the roofs of the condominium buildings. Condominium roofs are common elements and, as such, individual owners do not have the right to place solar panels on them. Solar gardens offer condominium owners an option for receiving many of the same benefits of solar panels otherwise reserved for single family homeowners and townhome owners.


Continue Reading What are Solar Gardens and What Can They Do for Me?

As the saying goes, spring showers bring May flowers. In Colorado, we could add another line to that verse: Dry summer conditions bring water restrictions. Okay, I’m not a poet. I also don’t have a green thumb, which is one reason I’m a fan of X-rated landscaping. And, no, I’m not talking about risqué roses. This “X” rating refers to a plant’s ability to tolerate xeric, or dry habitat, conditions.
 
Colorado homeowners who want their flowers and other landscaping to survive the high desert and alpine summers—without breaking the bank on water costs—may consider Xeriscape options as part of their overall landscape plans. Colorado law ensures that homeowners who live in community associations can use drought-tolerant plants, including buffalo and blue grama grasses, in their landscaping. This does not mean that owners in HOAs can turn their yards into rock gardens. Xeriscaping is not "zero-scaping." It does mean that Colorado community associations cannot require owners to install landscaping that consists primarily of turf grass on their lots.


Continue Reading Are Your Landscape Guidelines X-Rated?

HOA Law Basics

Build Your Community Association Governance Toolkit

Live Program and Live Webcast: Thursday March 3, 2011

Live program will be held at the CBA-CLE Classroom, 1900 Grant Street, Suite 300, Denver, CO

 

Video Replays: March 24, 2011

Denver, Colorado Springs, and Grand Junction

 

This foundational program will give you

The Senate Judiciary Committee is not going to hear testimony on SB11-122 today as was originally scheduled. The Judiciary Committee will re-schedule the hearing for a later date. 

SB11-122, as written, would impact the redemption rights of junior lienors, such as homeowner associations. The delayed hearing date for SB11-122 will allow for further discussions about

All community associations in Colorado must register with the Division of Real Estate by January 1, 2011. Associations that do not register will lose their lien rights and the ability to enforce recorded covenants. The January 1st deadline, and the harsh consequences for associations, makes compliance a top priority. However, the Division of Real Estate