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.Continue Reading Duties of the Managing Agents and Liability for Failure to Carry Out Those Duties

Along with Matt Green from CAI National and Eric Turner from the Colorado Division of Real Estate, yesterday I participated in CAI’s Legislative Update Lunch & Learn in Fort Collins.  While Matt did an outstanding job, I suspect the information which Eric Turner shared relating to manager licensure was particularly interesting to the managers in attendance.  Here are highlights…

House Bill 16-1201 ("HB 1201"), which was introduced by Representative Yeulin Willett (R-Grand Junction) to address a gaping loophole used by folks to keep a dog in HOAs which ban them, was killed by the Democrats in the House Health, Insurance & Environment Committee last week on a 7 to 6 party line vote.

HB 1201 would have regulated how licensed professionals in…

Yesterday, Senate Bill 16-082 ("SB 82") was killed in the Senate Business, Labor & Technology Committee ("Business Committee") by the Republicans on a party line vote. As you will recall from an earlier blog posting, Senator Morgan Carroll introduced SB 82 to protect folks living in HOAs from retaliation when they report an alleged violation of their association’s governing documents…

House Bill 16-1005 ("HB 1005") has just cleared the Colorado House of Representatives in an amended version on a vote of 61 to 3 and is heading to the Senate for consideration. 

As originally introduced, HB 1005 permits rain water to be collected from residential rooftops by the use of no more than two rain barrels…

This is the ninth year I have worked on HOA legislation in Colorado.  In all of those years, I have never seen so much "stuff" packed into one bill as was packed into House Bill 16-1133 (‘HB 1133"). On Monday, the House State, Veterans & Military Affairs Committee (the "State Affairs Committee") wisely and unanimously killed HB 1133.  Here’s what…

Representative Yeulin Willett (R-Grand Junction) has introduced House Bill 16-1201  ("HB 1201") regarding how licensed professionals in Colorado must approach providing recommendations for emotional support animals (also commonly referred to as "emotional assistance animals" and "companion animals") under the Colorado Fair Housing Act.  In particular, this bill would require that licensed physicians, physician assistants, nurses, psychologists, social workers, marriage and family therapists…

Representative Su Ryden (D-Aurora) has introduced House Bill 16-1217 ("HB 1217").  The bill expands the rulemaking authority of the Director of the Division of Real Estate and requires the HOA Information Officer to create statewide lists of election monitors and mediators and arbitrators who handle HOA issues.  The bill has been assigned to the House State, Veterans …

On Tuesday of this week, H.R. 3700 – Housing Opportunity Through Modernization Act of 2015 passed out of the U.S House of Representatives, and yesterday it was received in the U.S. Senate and referred to the Committee on Banking, Housing and Urban Affairs. Why is this significant?Continue Reading Changes in FHA Condo Approvals?

Representative Jovan Melton (D-Arapahoe County) has introduced House Bill 16-1149 (HB 1149) which would require HOAs created before July 1, 1992, to comply with the budget ratification provision in CCIOA.

In a nutshell, the budget ratification provision of CCIOA requires boards of HOAs to provide a summary of the proposed budget (many HOAs provide a copy of the actual budget) they have…