From Capitol Hill/Legislation

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We already reported that your Colorado association may be responsible for another responsible governance policy under the proposed revisions to SB 100, but did you know SB 06-089 also proposes an additional disclosure under C.R.S. 38-33.3-209.4?
Continue Reading SB 06-089: Colorado Legislation Proposes New Disclosure under C.R.S. 38-33.3-209.4

SB 06-089, the SB 100 clean-up bill, is scheduled to be heard in front of the Senate Judiciary Committee on February 6, 2006, at 1:30 pm. If you intend to make your comments heard prior to the hearing, you should contact your senator by February 3, 2006. You also have the option of attending the hearing.
Continue Reading SB 06-089 Update: Senate Judiciary Committee Hearing

As you undoubtedly know by now, the first significant time sensitive obligation imposed by S.B. 100 has now passed. (You can review a copy of S.B. 100 by clicking on S.B. 100 under the “Other Resources and Lawyer Blogs” in the left margin of this page.) By January 1, 2006, virtually every common interest community was to have adopted seven mandatory responsible governance policies dealing with how it goes about adopting and amending policies, handling collections, dealing with board member conflicts of interest, conducting meetings, providing for members to inspect and copy association records, enforcing covenants and rules and imposing fines, and investing association reserve funds. If your association has not yet adopted these policies, it should do so right away. While there is no explicit remedy or penalty for an association’s failure to adopt these policies, to carry out its fiduciary responsibilities, your board must adopt these policies to comply with Colorado law and avoid any liability to your members for failure to do so.
Continue Reading S.B. 100 – Is It Over Yet?

If you follow the news reports, it can sometimes seem as if community members do not appreciate the work undertaken by volunteer board members and other active homeowners. A recent nationwide study conducted by Zogby International on behalf of the Community Association Institute dispels that myth, showing, among other things, that an overwhelming 71% of residents have positive opinions of their associations.
Continue Reading CAI Releases Results of Recent Community Association Study

We have discussed in previous postings that S.B. 100 (the “Act”) was signed by Governor Owens on June 6, 2005. Portions of the Act became effective immediately, while the balance of the Act becomes effective on January 1, 2006. For the most part, the Act modifies the provisions of the Colorado Common Interest Ownership Act (“CCIOA”). We continue to receive a number of questions about the applicability of the Act to pre-CCIOA associations (those formed before July 1, 1992), as well as associations that were exempt from the provisions of CCIOA, and specifically, whether the mandatory responsible governance policies required by the Act must be adopted by all associations.
Continue Reading S.B. 100 – What Associations Does It Apply To?

We have received a number of questions about whether SB 100 limits an Association’s ability (acting through its board of directors) to make changes to its common elements – as an example, can the board change hardscape landscape improvements to irrigated sod? While SB 100 does a number of things, including imposing a number of additional requirements on the association’s board of directors, the simple answer is that it does not restrict the board’s authority to make this type of decision.
Continue Reading SB 100 – Limits on Board’s Authority to Modify Common Elements?