Governance

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Stephane Dupont, the head of our collections department, is also an avid home brewer.  He recently brought several bottles of his India Pale Ale to share with the office, and so Friday evening found me with a frosty mug (per Stephane’s explicit instruction) and a Mad Men DVD.

The juxtaposition of beer with work, and the Mad Men DVD got me to thinking about how business is conducted today, versus the way it worked back in the 1960s.  According to Mad Men, men (because they were all men) would gather around a bottle of scotch and conduct business through the haze of cigarette smoke.  This wouldn’t fly today, but it seems some homeowners associations haven’t gotten the memo.

We’ve had association board meetings open with uncorking a bottle of wine.  Seriously.  While we believe that a congenial atmosphere and neighborliness are good things to encourage in the association context, boards must always remember that they are conducting business, not throwing a party. Continue Reading Take a Bottle Drink it Down…Pass it Around….

Associations are obligated by Colorado law, and often their governing documents, to retain certain documents and make them available to owners upon request.  A formal document retention policy can also assist an association that finds itself engaged in litigation.  With more and more associations conducting some business and discussions over e-mail, the requirements of electronic discovery can create additional document retention burdens.

Failure to properly retain documents may result in fines or other penalties if the matter goes to court. Courts expect retention policies to be reasonable; however, what is reasonable depends on the surrounding circumstances. Some factors to keep in mind include the type of document, statutory requirements, and the likelihood of litigation.

Many associations have placed certain association documents online.  These documents may be available to all members with a password, or they may even be available to anyone with the ability to Google.  While there are several advantages of online documents, including greater transparency for members, they also create a number of questions regarding what documents should be retained, where they should be stored, and for how long.Continue Reading Document Retention and Your Association: What You Need To Know

If you think about it, over the last 10 to 15 years, the explosion of the internet and electronic communications has drastically changed our lives and how we do business. I actually remember when I dictated documents, my legal secretary literally made carbon copies when typing on her IBM Selectric and we used a fax machine to expedite communications. The pervasiveness of email communications has not only revolutionized the practice of law, it has changed the way we live our lives and how many boards of homeowners’ associations (“HOAs”) govern. 

Is it a good thing when boards hold discussions and make decisions via email on issues affecting their associations? In my opinion – not so much. Here are my thoughts:Continue Reading Email & Governance: A Good Fit?

Yesterday, Molly Foley-Healy wrote about community association rules and evaluating whether your association’s rules and restrictions fit your community. Making your rules and regulations fit your community is only one step in the process of reviewing and revising board-adopted rules and regulations. What if your rules are illegal?

One condominium association in Canada was recently ordered to pay a former owner $10,000 for prohibiting the owner’s young daughter from swimming in the association’s pool. The association’s rules prohibited any child under the age of 2 from using the pool. Even though the rule at issue may have fit the community, which apparently consists of many owners or residents over the age of 65, the rule violated the Canadian fair housing laws because it discriminated based on familial status. Similar fair housing laws apply to Colorado community associations.Continue Reading Ruling Out Diapers Could Really Stink for Your Association

Every member of an association has something unique they can contribute to their Board.  Board members with backgrounds in insurance, landscaping, law, and construction often provide expertise most people don’t have and become invaluable to an association.  Even without relevant experience, your unique perspective can help your association function better.  You may be considering taking the leap to become a Board member.  We always welcome interest from new and past members, but recommend you do a little thinking before you submit your name for Board consideration.Continue Reading So You Want to be a Board Member…

As regular followers of this blog are aware, Colorado homeowners associations cannot effectively prohibit the installation of renewable energy devices on individual homes and units, although they can impose reasonable restrictions on the devices.  Molly Foley-Healy addressed this matter in detail back in May.

Today, the Denver Post published a story about the Acres Green Homeowners’ Association and its fight against the Douglas County School District’s attempt to install solar panels on the ground near Acres Green Elementary.  The Association argued to the Douglas County Planning Commission that the solar panels would constitute a potentially dangerous eyesore, and the problem could not be effectively mitigated by screening the panels from view.  The School District could not install the panels on the school’s roof because, after contracting for this installation, it was determined the roof couldn’t support the project.

Not in your backyard? Hope your HOA agrees…Continue Reading Your HOA Can’t Stop You From Installing Solar Panels – But it Can Stop the School District!

I know you are all enjoying summer and thinking about taking time off to spend with family and friends. As board members, I also know the last thing on your mind is thinking about the 2012 budget for your association. However, if your fiscal year begins on January 1, 2012, toward the end of the summer and through the fall you will be working with your manager on preparation of the budget for your association. If your association is self-managed, that task can be even more daunting.

Please do not misunderstand me; I’m not suggesting that you begin preparing your budgets now. Frankly, you don’t have all of the data you need to make good decisions and you shouldn’t be spending your summer crunching numbers. Instead, as the policy makers of your communities, I would like to suggest that you begin thinking about whether the current assessment levels are meeting your association’s fiscal needs.

 

Here are a couple of areas to contemplate and related questions to ask yourselves:Continue Reading Contemplating Budget Preparation Season . . .

If you ask folks why they ran for a position on the board of directors of their homeowners’ association (“HOA”), you would probably get a variety of answers. Many individuals will tell you they ran for the board because they are committed to ensuring their community is well-run, well-maintained and a great place to live. Some might tell you they are on the board because they couldn’t find anyone else to volunteer. Others ran for a seat because they are angry about how the association is being run or governed. Their anger might be focused on parking issues, covenant enforcement issues or concerns about raising assessments. Continue Reading What Hat Are You Wearing at HOA Board Meetings?

Serving on the board of directors of a homeowners’ association (“HOA”) takes a lot of work and dedication. These uncompensated volunteers are responsible for ensuring the smooth and effective governance and operations of their associations. With the possible exception of raising assessments, taking covenant enforcement action against members is one of the least favored duties these individuals are required to carry out. Continue Reading Directors Live In a Fishbowl