Are you sick of “As the CTA Turns” yet? Yesterday, “to preserve the constitutional status quo,” the Fifth Circuit Court of Appeals vacated the order that stayed the trial court’s preliminary injunction against the CTA and its mandatory BOIR reporting. So, yesterday, when we told you that you have until January 13 to file your
Community Association News
The 5th Circuit Issues a Christmas Surprise – CTA Reporting is Back
This afternoon, the Fifth Circuit Court of Appeals granted the government’s emergency motion to stay the trial court’s nationwide injunction against the CTA and its reporting requirements, pending a final determination of the appeal of that order. Finding that the government made a strong showing as to the CTA’s constitutionality, and that the lower court…
CTA Blocked – for today, at least
In a memorandum opinion issued on December 3, 2024, Judge Mazzant out of the Eastern District of Texas issued a preliminary injunction against the Corporate Transparency Act, finding that the Act is likely beyond the scope of Congressional authority. Reporting companies do not have to comply with the CTA’s January 1, 2025 reporting deadline, pending…
New Classes: House Bills 1337 and 1233
By Lindsay S. Smith on
As we predicted in 2022, the Colorado legislature has revised provisions that were created by House Bill 1137, which now means that community associations need to again update their Collection Policy.
What does this mean for you? Existing clients that previously received WLPP Collection Policies under House Bill 1137 will be entitled to a revised…
HOA Task Force Meeting Set
By Lindsay S. Smith on
Peter Rabbit’s Paradise: Senate Bill 23-178 Signed Into Law
By Lindsay S. Smith on
Thanks to Senate Bill 23-178, community associations throughout the state will see a significant increase in the presence of mischievous young rabbits in the coming years. Senate Bill 178 requires planned communities with detached structures – single family home communities – to permit the installation of vegetable gardens (which include flowers, fruit, herbs, and…
House Bill 1137: Manager Training
By Lindsay S. Smith on
Community managers are invited to join us on June 29 at 1:00 to learn about House Bill 1137, what it says, what it doesn’t say, and what you need to know to take care of your communities. Register in advance for this class; it’s sure to ruin your day, but we promise to make it…
House Bill 1040: Closures Notifications and More
By Lindsay S. Smith on
The Governor signed House Bill 1040 into law last week, enshrining into law the obligation for community associations to provide notice to community members should it need to restrict access to common elements for more than seventy-two hours. While this is an appropriate, fair, and laudable goal, many other provisions of House Bill 1040 create…
House Bill 1137: Draft Amendments Still Impossible
By Lindsay S. Smith on
If you pay attention to this blog or are involved in Colorado community association activities, you’ve certainly seen recent news stories detailing the impacts of HOA foreclosures on residents. While most of the foreclosures in the stories arose when owners failed to pay fines after violating rules or covenants, other foreclosures occurred because the owners…
On the Retirement of Mark K. Payne
By Lindsay S. Smith on
Posted in Community Association News
In December of 2009, I was unemployed, worried that my unemployment coverage was about to end, and interviewing with anyone who needed an associate with a few years’ experience who had no idea what she was doing. Mark Payne brought me in for an interview and after a couple of hours laughing about mutual acquaintances,…