Community Association News

Our law firm is moving to new offices this month and we promise to take you with us!  Beginning on Monday, October 27th, our new address will be: 

Winzenburg, Leff, Purvis & Payne

8020 Shaffer Parkway, Suite 300

Littleton, CO 80127

 

Our telephone number will remain the same – (303) 863-1870

 

On Friday, October 24th, our computer and telephone systems will be down as we make the actual move. We apologize in advance for any inconvenience and will be back up and running the following Monday.

 

After the first of the year, we will be holding an Open House and look forward to showing you our new digs! 

Attorney Stephane Dupont makes his new Littleton office a little more like home.

 

We all know that everybody hates their homeowners association – or do we? Many people might be surprised, particularly those who do hate their associations and think that everybody thinks the way they do, and maybe our state legislators, who tend to hear the complaints but not the good stories. Whatever the case may be, apparently not everybody hates their homeowners associations – far from it.

A recent survey conducted by Public Opinion Strategies finds that 90% of people rate their overall community association experience as positive; 90% of people say the association’s board members "absolutely" or "for the most part" serve the best interests of the community; 92% say they are on friendly terms with their association boards; 83% say their community managers provide value and support to residents and their associations; 88% of residents who had direct contact with their community manager say it was a positive experience. Here is a copy of the survey results.

Continue Reading They Aren’t As Bad as You Might Be Lead to Believe

Community Association managers in Colorado know that licensure is just around the corner.  Beginning on July 1, 2015, every community association manager in Colorado must be licensed by the Colorado Division of Real Estate.  Part of the licensure requirement is that managers must pass an examination that tests their basic understanding of applicable provisions of Colorado law.  However, what topics could actually be on the Colorado law examination have remained a mystery – until now.

The Colorado Division of Real Estate has posted the areas of Colorado law, and some federal law, that managers should study to prepare for the exam.  Here is the list of topics published by the Division.  However, don’t let this list freak you out!  Winzenburg, Leff, Purvis & Payne is presenting free teleconferences for managers held during lunch for the purpose of helping you prepare for this exam. 

If you aren’t already participating in these classes and would like to sign up, please email Allison Grout to register for the classes at agrout@wlpplaw.com.  Our next class will be held October 8th from noon to 1:00 pm on covenant enforcement.  Don’t miss out on these great opportunities to prepare for the exam a little bit at a time!

The community association manager class presented by Winzenburg, Leff, Purvis & Payne, which was originally scheduled for this Wednesday (July 9th), has been rescheduled for Wednesday, July 16th at noon.  We hope you will join us next Wednesday for "Everything you need to know about Board of Directors Meetings."  If you have not already signed up attend this free teleconference class on Colorado law, please contact Allison Grout at agrout@wlpplaw.com.

We look forward to talking with you next Wednesday!

Have you signed up for our free manager classes on Colorado law yet?

As previously blogged by Lindsay Smith, Winzenburg, Leff, Purvis & Payne, LLP is offering free lunchtime teleconference classes for community association managers designed to help prepare managers to take the Colorado law portion of the licensing examination.  The next class is scheduled for July 9, 2014 at 12:00p.m. and the topic is “Everything you need to know about Board of Directors Meetings.” 

The class will be taught by Molly Foley-Healy, a partner at Winzenburg, Leff, Purvis & Payne.  Molly actively teaches classes to managers and board members on topics ranging from legislative updates to complying with CCIOA to effective governance. Molly is also the Chair of CAI’s Colorado Legislative Action Committee and is the author of The Capitol Chronicles column in the Common Interests magazine.

Don’t miss out on this great opportunity to get ahead of the curve in preparing for the Colorado law portion of the licensure exam before the new law takes effect on July 1, 2015! 

 

Should you wish to participate in these teleconferences, please contact Allison at agrout@wlpplaw.com.

Earlier this month the Department of Housing and Urban Development (HUD) announced that it had reached a settlement with an apartment complex in the Denver Area for rules that discriminated against familial status under the federal Fair Housing Act (FHA). Readers of this blog will be aware that the FHA applies to residential community associations too, and this offending rule wouldn’t look out of place in many common interest communities:

"All children must be supervised by an adult at all times while playing outside. No sports activities, skateboarding, roller-blading, or general extracurricular activities are to take place in our community.  If we see anyone violating any of the above activities or see any unsupervised children they will be sent home immediately."

The settlement required the rules above be amended, that the apartment owner build a $10,000 playground, and that all employees of the apartment complex owner attend fair housing training within one year.

Continue Reading Family Friendly Rules

Winzenburg, Leff, Purvis & Payne, LLP is pleased to announce free lunchtime teleconference classes for community association managers designed to help prepare managers to take the Colorado law portion of the licensing examination. While community association managers will not be required to be licensed until July 1, 2015, now is the time to start preparing for the examination on Colorado law. 

Instead of sitting through an all day class on Colorado law, our program is designed to break down key components of Colorado law into manageable classes. The classes are designed to be one hour in length and no travel is required to attend them! We will also be seeking CMCA credits from CAMICB (previously known as NBC-CAM) for these free classes.

Please contact Allison at agrout@wlpplaw.com to RSVP and be put on the list for additional information.

Class

Date

CCIOA/Pre-CCIOA

5/14/2014

Responsible Governance

6/11/2014

Meetings

7/9/2014

Voting

8/6/2014

Action without a meeting

8/27/2014

Collections

9/10/2014

Covenant Enforcement

10/8/2014

Records

11/12/2014

Public Policy

12/10/2014

Energy Efficiency

1/7/2015

OTARD

1/28/2015

Fair Housing/ADA

2/11/2015

Insurance Basics

3/11/2015

Declaration Amendments

4/8/2015

Annual Disclosures

5/13/2015

Covenant enforcement usually ramps up in our office in the spring, but we often receive phone calls from managers and Board members regarding holiday displays.  From elaborate constructions of holiday cheer to somewhat less friendly displays, we see just about everything.  A few reminders when considering whether the displays in your neighborhood are enforcement-worthy:

Do you have the power?  Check your documents.  If they do not provide limitations, it’s probably a bad idea to start imposing them on Christmas Eve.

Are you targeting someone because of personal beliefs?  Stop it.

Don’t be a Grinch.  If your association provides clear rules and regulations governing holiday light displays, you can enforce any violations after the holiday season.  If you don’t like the Griswold house down the street, calm down, drink another glass of eggnog, and remember – it will all be over soon!

Yet another homeowners association has found itself in hot water for potential violations of federal fair housing laws.  East of San Francisco, the Tennis Villas at Blackhawk association barred children from trick-or-treating at Halloween.  While the community is gated and "upscale," an upscale community does not have the right to adopt policies that have a disparate impact on a group due to familial status.

Here, by adopting a policy that essentially only affects families with young children, the association is discriminating against those families.  According to the article, the association even prohibits children from playing on common areas!

This is a bad policy decision that could have been avoided if the association had sought legal counsel before its adoption.  While there are always two sides to a story, it sounds like the association needs to change its policies – yesterday!

A recent Fox News article brought to light a danger many people had not considered when looking to install solar panels on their roofs – the weight and electricity of solar panels can put fire fighters in danger when they try to put out flames.  While solar panels and alternative energy are encouraged in Colorado, and covenants that effectively prohibit or restrict installation of solar are void and unenforceable, associations can impose reasonable restrictions for safety and aesthetics. 

Continue Reading Solar Panels and Safety