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
Attention All Pitiful and Prolific Poopers!
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
Rules are Rules
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.
Mayor Murphy’s Boondoggle Backfires
It was just over a year ago that Mayor Murphy led the charge for Metro Mayors by pushing through an ordinance that destroys the right of homeowners living in Lakewood to adequately pursue remedies for construction defects to their homes. Mayor Murphy argued that the right of HOAs, working on behalf of their homeowners, to hold builders responsible for their defective construction was hampering the development
How about those $900 monthly HOA Fees?!
Do you think that you have a struggle convincing your homeowners that a small raise in homeowner association assessment fees is beneficial for the community? You should be very thankful that you do not manage or serve on the board of an association in the Palm Springs, California area where monthly assessment fees can run as high as $900 per month. While that amount is not uncommon in some condominium associations, in a homeowners association? Gasp! Although the assessments may cover such ‘country club’ amenities such as golf courses, gated entrances and lush landscaping in a dry climate, can you imagine trying to convince homeowners that those fees are reasonable and necessary?
Short Terms Rentals may not be Commercial Use of Property
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.
Continue Reading Short Terms Rentals may not be Commercial Use of Property
APCHA Hosting a Seminar on Covenant and Rule Enforcement in Aspen!
As the leader in providing educational opportunities for affordable housing and free market HOAs in Aspen and Pitkin County, the Aspen Pitkin County Housing Authority ("APCHA") will be hosting another free seminar on September 15th entitled: Covenant and Rule Enforcement in HOAs: What Boards and Homeowners Need to Know. Here’s a description for the seminar:
WLPP Welcomes Kim Porter, Wendy Weigler and Myra Lansky!
Winzenburg, Leff, Purvis & Payne is pleased to announce that our good friends and colleagues Kim Porter, Wendy Weigler and Myra Lansky have joined our firm. Kim, Wendy and Myra are accomplished attorneys specializing in the practice of community association law and are outstanding additions to our law practice.
Kim Porter focuses on the transactional side
Declaration Amendment Petitions – Shall Means Shall!
Today, the Colorado Court of Appeals issued an opinion addressing the statutory declaration amendment process set forth in C.R.S. 38-33.3-217(7). This process allows community associations that have sought to amend their declaration, and received fewer approvals than required to amend the declaration outright, to obtain a court order that approves the amendment notwithstanding the vote
Fair Housing News – Again
We’ve written many times before that community associations are bound by the provisions of the Fair Housing Act. There is a lot of information available about the Fair Housing Act, who it applies to, what it takes to comply, and what the consequences are for failure to comply. Notwithstanding all of the available information, some communities and managers (and apparently their legal counsel) still don’t "get it."
HUD recently announced a decision in connection with a complaint involving familial status. In the case, the association had rule in effect since 1998 known as the "children rule" which prohibited children from playing in the common areas. In July 2011, the association amended the rules to prohibit riding bicycles, tricycles, scooters, skateboards, skates and rollerblades; playing; picnicking; and sunbathing in the common areas.Continue Reading Fair Housing News – Again