Senator Morgan Carroll (D-Aurora) has just introduced Senate Bill 16-082 ("SB 82") which would protect folks from retaliation when they report an alleged violation of their association’s governing documents or enforce their rights under Colorado law or the governing documents of their HOA.
If there is any retaliation against these individuals by the HOA, the board
The first bill which would have an impact on single family home planned communities and very small condominium associations has been introduced in the House by Representative Daneya Esgar (D – Pueblo County) and Representative Michael Merrifled (D – El Paso County) and has been assigned to the House Agriculture, Livestock & Natural Resources Committee.
House Bill 16-1005 ("HB 1005")
The 2016 Colorado legislative session is kicking off today! While the morning will be highlighted by speeches and the requisite amount of pomp, it shouldn’t take long for legislators to get down to the nitty gritty of election year politics.
The Colorado House is controlled by the Democrats and the Colorado Senate is controlled by the
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
From everyone here at WLPP, we wish you all a safe and happy holidays!
Has your association increased, or even decreased, its annual assessment fees for 2016? If so, it is important that the association follow its governing documents when providing notice of the change to all owners. In addition to providing owners with proper notice of any change, the association should also notify its attorney. This will help to ensure
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?Continue Reading The Importance of Process
Unless Congress decides to not oppose S. 1685, all communities (including condominiums, planned communities and co-ops) could be restricted from disallowing HAM radio towers. S. 1685 is proposed legislation that is scheduled for mark-up in the Senate Commerce Committee on Wednesday, November 18. S. 1685 directs the FCC to adopt rules and regulations that prohibit private land use restrictions (i.e., restrictive covenants) if the restriction: (1) precludes HAM radio communications; (2) fails to reasonably accommodate such communications; or (3) does not constitute the minimum practicable restriction on such communications to accomplish the legitimate purpose of the restrictive covenant.
Continue Reading Coming Soon – Ham Radios in Your Community
I read this article in the Denver Post about a pet owner not picking up the poop of his Teacup Chihuahua in his HOA. This association has a rule requiring all owners to pick up after their pets and is utilizing doggie DNA to figure out which dog in the community left behind the droppings.
When enforcing this rule, does it matter whether your
Funny story. A condominium association I represent is located in such a way that I could see their amenities – a small swimming pool and tennis courts – from my office window. One summer, the association was involved in some pretty contentious litigation over a serious, ongoing covenant violation. We were conducting depositions in my conference room and, during a break, the manager and I stepped into my office. I happened to glance out the window and noticed a dog running around on the pool deck. I pointed it out to the manager, he made a phone call, and we went back into the deposition. Later that day, the manager sent me this photo, which the dog’s owner had sent him by way of apology.