A managing agent’s duties to the association can arise out of the common law relationship of an agent to a principal, or by virtue of the contractual relationship between the managing agent and the association, or both. In the same manner that the board has a fiduciary duty to the association and its members, the managing agent, as the agent, has a fiduciary duty to the association as the principal in all matters connected with the agency relationship.
It’s the first Monday of 2016, and while some of us might still be shaking off the eggnog, time passes and deadlines arrive. Remember to comply with your annual disclosure and registration obligations before your deadlines arrive, and take some time for education while you’re at it!
Annual Disclosures. Within 90 days of the conclusion…
We often get questions about how important it is that a particular notice goes out as required by the Bylaws or the Declaration or a particular policy. Typically, a manager or a board member will call and explain that they’ve been sending out notices a certain way for a number of years (nobody can really remember why, or for how long because the practice pre-dates current management and all of the current board members), but a homeowner just contacted the manager or the board member and said that the notice didn’t comply with the governing documents. How important is that?
In a recent decision [Houston v. Wilson Mesa Ranch Homeowners Association, Inc., 2015 WL 4760331 (D. Colo. August 13, 2015], the Colorado Court of Appeals held that an association’s covenants stating that homes could not be occupied or used for any commercial or business purpose did not prohibit a homeowner from renting out his property for short-term vacation rentals.
A homeowner in the community advertised and rented his home for rent through the VRBO website. In response to the homeowner’s actions, the association passed an amendment to its ‘administrative procedures’ prohibiting its members from renting out their properties for a period of less than thirty days without prior board approval and establishing a $500 fine for violations.
In my first installment of this blog series entitled HOA Board Meeting Basics, I discussed whether the Colorado Common Interest Ownership Act ("CCIOA") or the Colorado Revised Nonprofit Corporation Act ("Nonprofit Act") require that members of an HOA be provided with notices of board meetings and agendas. In this installment of the series, I will discuss open board meetings in HOAs.
For most folks living in Colorado, our home is the biggest investment we will ever make in our lives. For those of us with a home in an HOA, we know that in addition to our normal obligations as homeowners, we must pay assessments for our share of the common expenses of the community and comply with the governing documents of our association.
Our HOAs are governed by boards of directors which have a great deal of authority over our how our communities are maintained, the fiscal health of our communities, how the governing documents are enforced and the overall culture of our communities. Since boards of directors have a great deal of power, it only makes sense that CCIOA requires that Board meetings be open to the members of the HOA or their designated representatives. Having open meetings provides members with an opportunity to see their boards in action and to observe the due diligence they engage in before making important decisions.
Just last week, I had the privilege of teaching a class for the Aspen Pitkin County Housing Authority on HOA meetings. Since my friends in Aspen and Pitkin County had numerous and excellent questions relating to meetings, I thought it would be helpful to post a series of blog entries on HOA board and membership meetings. In order to avoid confusion, I will start this series of blog entries by addressing issues relating to HOA board meetings.
For those of you who follow our blog, you know that the Colorado Common Interest Ownership Act ("CCIOA") is the primary body of statutory law in Colorado that regulates HOAs. Since most HOAs are nonprofit corporations, when we are dealing with issues relating to governance, we must also look to the Colorado Revised Nonprofit Corporation Act ("Nonprofit Act") for guidance.
The first question I will address is whether HOA boards must provide notice of their board meetings to the members of their associations. Interestingly, CCIOA and the Nonprofit Act do not require that members of an HOA be provided with notice of board meetings. However, it is important to check out the bylaws for your association to determine whether the bylaws require that notice of board meetings be given to the members. If your bylaws require that notice be given to members, make sure to carefully follow the notice requirements outlined in your bylaws.
My name is Finnegan and I live in an HOA. Since I understand people complain a lot in HOAs about dogs, I thought it might be helpful for pet parents to hear directly from a beagle about the fundamentals of being a responsible canine companion. Here’s what you need to know:
This morning as I was driving to work, I was thinking about the interpersonal conflict I have recently been observing in some HOAs. While it may be convenient for folks to blame all of the nastiness on a full moon, I truly believe much of the conflict in associations simply comes from folks not listening to each other. The truth is that deep down inside every person wants to be heard and treated with…
On January 1, 2014, new legislation went into effect requiring associations to provide a specific written notice to delinquent homeowners. This notice is required prior to turning over a matter for collections to an attorney or collection agency.
The details of the notice are as follows:
a. It must contain the amount due with an accounting of how the total was determined (a running balance ledger going back to a -0- balance is sufficient);
b. A statement as to whether the opportunity to enter into a payment plan exists and instructions for contacting the community association manager and/or board member to enter into such a payment plan;
c. The name and contact information for the individual the unit owner may contact to request a copy of the unit owner’s ledger in order to verify the amount of the delinquency; and
d. A statement that action is required to cure the delinquency and that failure to do so within thirty days may result in the unit owner’s delinquent account being turned over to a collection agency, a lawsuit being filed against the owner, the filing and foreclosure of a lien against the unit owner’s property or other remedies available under Colorado law.
I don’t typically make New Year’s resolutions because I believe that if something needs to be fixed, it should be fixed at that time – not on an arbitrary date. However, many folks do like their resolutions, and I’ve heard several resolutions from my clients.
We resolve to adopt our policies. The responsible governance policies mandated by Senate Bills 100 and 89 have been required for nearly a decade! Adopt your policies, already!