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A year ago, Colorado law changed the requirements for budget ratification for HOAs which were created before July 1, 1992.  Whether your HOA was created before, on or after July 1, 1992, join the Aspen Pitkin County Housing Authority (APCHA) to learn what you need to know about the budget ratification process.  In addition, since…

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…

It’s time for the Rocky Mountain Chapter of CAI’s Spring Showcase!  In honor of the Kentucky Derby, the theme this year is Race to Success.  Winzenburg, Leff, Purvis & Payne will be exhibiting and we hope you will stop by booth 515 to say hello and to enter a drawing for two Mint Julep Baskets.  Come and hang out …

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?

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As the leader in providing educational opportunities for affordable housing and free market HOAs in Aspen and Pitkin County, the Aspen Pitkin County Housing Authority ("APCHA") will be hosting another free seminar on September 15th entitled:  Covenant and Rule Enforcement in HOAs:  What Boards and Homeowners Need to Know.  Here’s a description for the seminar:…

Winzenburg, Leff, Purvis & Payne is pleased to announce that our good friends and colleagues Kim Porter, Wendy Weigler and Myra Lansky have joined our firm. Kim, Wendy and Myra are accomplished attorneys specializing in the practice of community association law and are outstanding additions to our law practice.

Kim Porter focuses on the transactional side …

For several years now, the Aspen Pitkin County Housing Authority ("APCHA") has been a leader in providing educational opportunities for affordable housing and free market HOAs in Aspen and Pitkin County.  It’s my pleasure to teach another seminar for APCHA on June 11th entitled:  CCIOA 101 for HOA Boards, Homeowners and Managers:  Everything You Need to Know About HOA Meetings

If you live in, serve on the board of or manage …

The Division of Real Estate has just announced that the Community Association Manager licensure exam will be available to take on February 1st!  Here’s the latest news from the Division of Real Estate:

Community Association Manager Examination Available February 1, 2015

The Division of Real Estate has contracted with Psychological Services, Inc. (PSI), as the …