The Senate Judiciary Committee voted in opposition to SB11-122 earlier today. This defeat of SB11-122 means that community association lien rights in foreclosure are preserved.
Thank you to everyone who contacted Judiciary Committee members to ask that they oppose SB11-122!
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
Many associations schedule their annual member and budget ratification meetings in the last months of the year. Annual meetings give an opportunity for owners to vote on one of the primary matters within their control: the election of board members. More members typically attend these meetings than board meetings, and they expect to receive information about important association business and have a chance to ask questions about board actions. Associations should recognize the need to balance member participation and information dissemination with meeting control. No owner wants to attend long, unproductive meetings, nor do members want to show up to the meeting only to learn that they cannot conduct business due to a technical legal issue such as improper notice or lack of quorum.Continue Reading Annual Meetings: Planning for Success
With record rainfalls this season, Colorado community associations and managers have stayed busy responding to reports of water intrusion and hail damage. After the immediate excitement subsides, our phones start ringing. Managers and board members typically ask us some variation of the following questions about insurance:
Is the association or the owner responsible for insurance coverage? This question often arises in the context of condominium and townhome communities, and the answer depends on what the governing documents and controlling statutory provisions say. Often, the documents do not give clear guidance on which party bears the burden for insuring specific components, hence the call to the attorneys. The answers sometimes come as a surprise to uneducated owners and even association boards.
We recommend that associations evaluate insurance obligations with legal counsel and their insurance professionals to ensure proper coverage and to enable clear communication with owners about what coverage applies. Through the preparation of insurance and maintenance charts that summarize association and owner obligations, and the adoption of insurance guidelines that state insurance coverage responsibilities and provide step-by-step procedures for reporting and handling claims, associations can proactively educate owners and reduce confusion when losses occur.Continue Reading Rain, Rain, Go Away — All this damage … who will pay?
The 2009 legislative session began with relatively few bills affecting Colorado common interest communities. But the last few weeks of the session more than made up for the slow start. New laws concerning community association governance do the following: (i) mandate that association boards have access to extensive, specific information to assist with their decision-making, (ii) establish qualifications for individuals serving as committee chairs, and (iii) require policies concerning reserve programs. Other laws enacted but not discussed in this article include restrictions on affordable housing units, modifications to foreclosure time frames for some borrowers, and changes to provisions of the Colorado Common Interest Ownership Act applicable to small, exempt communities. The table below gives a summary of the new laws affecting association governance, the action required by associations, and the effective dates of the laws.Continue Reading New Laws Affect Association Governance
The Governor’s Energy Office has launched an informational site about the recent Colorado legislation supporting homeowner installation of alternative energy devices. You can access the information here.
Open windows during the warmer months of the year allow you to experience the fresh, Colorado air. But sometimes that air is not so fresh. Secondhand tobacco smoke can make its way into your home, causing irritation and potential harm. Community associations may have a role, and an obligation, in minimizing the impact of second-hand tobacco smoke in your home.
The Colorado Clean Indoor Air Act took effect nearly two years ago, on July 1, 2006. The Clean Indoor Air Act applies to community associations and prohibits smoking in restrooms, hallways, lobbies and other common areas in any public or private buildings, including condominium buildings, and within a fifteen foot radius of building entryways. The law does not prevent owners from smoking in their residences, and does not clearly restrict smoking on private patios or balconies, although some associations impose more stringent smoking restrictions through their recorded covenants or rules. Colorado community associations, and individuals, in violation of the Clean Indoor Air Act may face fines. The law establishes a fine schedule of $200 for the first violation, $300 for the second, and $500 for the third and subsequent violations.Continue Reading Clearing the Air: Dealing with Secondhand Smoke
"Going green" seems all the rage these days. From the cover of Newsweek, to hybrid vehicles, to Al Gore and the bevy of eco-friendly products at the local retail store, the push for consumer products and practices that minimize the impact on Earth and its resources has found its place in mainstream America.
Community associations, too, play a role in the green movement. New or old, common interest communities impact the Earth at both the association level and the individual homeowner level. Individuals and associations alike can implement many practices aimed at reducing energy consumption and the overall carbon footprint of their daily activities.
For the past three decades Colorado statutes concerning solar energy devices have guided community associations’ architectural policies. More recent legislation establishes mandates regarding community associations’ landscaping policies and seeks to allow homeowners to use more energy saving devices such as wind generators, retractable window awnings, and clotheslines.Continue Reading Greening Your Community Association
Governor Ritter signed HB 1270 into law on Thursday, April 24, 2008. This new legislation amends C.R.S. 38-30-168, which has prohibited certain restrictions on solar energy devices since the late 1970s, and adds a new section to the Colorado Common Interest Ownership Act. The new statutory provisions permit homeowners to install alternative energy generation devices, such as solar panels and wind generators, and other select, energy-saving improvements, despite any express prohibition of these items in the recorded covenants, conditions, and restrictions applicable to an owner’s home. The statute will control in the event of a conflict between the terms of the recorded covenants and the legislation. Homeowners associations and condominium associations may regulate these alternative energy devices only to the extent that the statutes allow.
Continue Reading New Legislation Supports Homeowner Use of Alternative Energy Devices