As I continue with my series of blog entries relating to provisions of the Colorado Common Interest Ownership Act (“CCIOA”) members of HOA boards need to know about, I thought this was the perfect time of year to address the ability of homeowners to install energy efficiency measures on property they own. Here’s what you need to know:
On Saturday morning, I was honored to serve as the spokesperson for the Rocky Mountain Chapter of Community Associations Institute (CAI) in an interview with Tyler Lopez on 7News. During the interview, we discussed flying the American flag and displaying political signs in HOAs.
While I recently blogged on provisions of the Colorado Common Interest Ownership Act (“CCIOA”) which relate to flying the American flag and service emblems in HOAs, I haven’t yet addressed the issue of political signs. Since the political season is already upon us, here’s what boards of HOAs need to know about the provisions of CCIOA (C.R.S. 38-33.3-106.5 (1)(c)) relating to political signs:
A commonly missed provision of the Colorado Common Interest Ownership Act (“CCIOA”) requires that virtually all information provided to or available to one director relating to the HOA– must be shared with all directors. The intent of this provision of CCIOA is to ensure that every director of an HOA has the information he/she needs to effectively participate in the governance of their communities. In addition, this provision is intended to make certain that directors do not leave one or more fellow directors out of the information loop.
CCIOA, at C.R.S. 38-33.3-303(1)(b), provides as follows:
On Monday, I began a series of blog entries entitled CCIOA 101 for HOA Boards. The purpose of this series is to provide basic information for directors on key provisions of the Colorado Common Interest Ownership Act (“CCIOA”) they need to know about and comply with. In the first entry, I focused upon the requirement that board and committee meetings must be open to the members of the HOA – or their designated representatives.
While as a general rule board and committee meetings must be open, the Colorado Common Interest Ownership Act narrowly regulates the circumstances under which a board or committee of an HOA may convene in a closed executive session. CCIOA, at C.R.S. 38-33.3-308 (3) and (4), specifically provides as follows:
A common question we receive from boards of HOAs and homeowners is whether the owners have a right to speak at board meetings. The Colorado Common Interest Ownership Act (“CCIOA”) at C.R.S. 38-33.3-308(2.5)(b), provides that owners have a right to speak prior to the board taking action on an issue. In particular, that provision of CCIOA…
For those of you who follow our blog, you know that I recently concluded a series of blog entries on the new HOA records bill (“HB 1237”) which has been signed into law by Governor Hickenlooper and will go into effect on January 1, 2013. This is just a first step the Colorado legislature has taken to address “homeowner bill of rights” provisions in the Colorado Common Interest Ownership Act (“CCIOA”).
As I have shared in recent blog entries and in articles I have written for the Rocky Mountain and Southern Colorado Chapters of Community Associations Institute, in 2013 legislators in Colorado have pledged to introduce legislation to provide an enforcement mechanism that homeowners can utilize to ensure their HOA boards are complying with CCIOA. This legislation could even institute penalties for failing to comply.
While some boards may purposefully not comply with provisions of CCIOA, I believe the vast majority of boards are acting in good faith and strive to do the right thing. Instead, they may not know about or fully understand important provisions of CCIOA that provide rights to homeowners/members of their associations. As a result, over the next several weeks, I am going to be posting a series of blog entries entitled CCIOA 101 for HOA Boards aimed at getting HOA board’s up-to-speed on important provisions of CCIOA. The first few blog entries in this series will focus upon the rights of members relating to HOA meetings.