The Colorado Division of Real Estate has just published emergency interim rules on community association manager licensure.  The rules will go into effect today and will continue in effect through May 6, 2015.  Here is the notice from the Division of Real Estate with links to the emergency rules:

***Important Notice***


Notice of Emergency Rule …

The 2015 legislative session in Colorado is set to kick off tomorrow and it promises to be an interesting one. Following the November elections, the Republicans will control the Senate by a 1 seat margin and the Democrats will control the House by a 3 seat margin. Since by all accounts the Colorado General Assembly isn’t interested in replicating the gridlock and destructive partisan politics we have all witnessed in Washington, D.C., I’m feeling optimistic that both parties will work to find common ground on issues that are important to the citizens of Colorado.

Construction defects is one issue that is certain to be the subject of several bills. The implications of construction defects on homeownership should never be a partisan issue. For almost every Republican and Democrat in Colorado, the single largest investment we will ever make in our lives is in our homes. To provide immunity to builders for their construction defects and leave homeowners with no recourse should not be acceptable to either the Republicans or the Democrats. In Colorado, we don’t leave the little guy holding the ball! 

 

The Denver Chamber of Commerce has not received this message. Yesterday at their annual Legislative Preview, Kelly Brough, President and CEO of the Chamber, promised they would focus on “construction litigation reform.” She then promised a reintroduction of the construction defect bill introduced during the 2014 legislative session. 

 

The bill she was referring to is Senate Bill 220. There is no question about it, this bill would not have “leveled the playing field” between builders and homeowners. Instead, Senate Bill 220 would have provided absolute immunity to the construction industry for their defective construction. Continue Reading Denver Chamber of Commerce Focused on Destroying Homeowner Rights

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!Continue Reading New Year’s Resolutions

We’ve all received the party invitation with a note letting us know that gifts are not requested–Your presence is present enough. Some of us take the cue, while others go above and beyond and bring a gift despite the note. I like to think that association board members, through their election or appointment to their boards, receive an invitation to the big party of the boardroom. And I’d like to encourage you to thank your association’s board members for their presence on the board this holiday season. I realize you’re busy attending parties at work, gathering with family and friends, going to your places of worship, and finding time to relax amidst the bustle of the season. Whew–this is a busy time of year! But this one quick and easy task can be accomplished by email, in passing at the mailbox, or through a handwritten note or card. I sincerely encourage you to reach out and say "thank you."

This is my "thank you" note to board members:Continue Reading Your Board’s Presence Is Present Enough: Don’t forget to say “Thank you” this holiday season

The Colorado Division of Real Estate is gearing up to get the rulemaking process rolling on the new manager licensure law that goes into effect on January 1st and here’s the latest communication from the Division.  While community association managers will not have to be licensed until July 1, 2015, the Division is working…

After a long day at work, it’s sometimes nice to sit down with a lovely glass of red wine or a cocktail.  However, at the risk of sounding like an old fuddy duddy, I have to say that alcohol and HOA board meetings are just not a good mix.

Directors attend board meetings to conduct the business of their HOAs.  It is not unusual for directors to consider complex or controversial issues which require their focused attention.  While I have luckily never witnessed an intoxicated director at a meeting, directors are required to fulfill their fiduciary duty to the associations they serve and to exercise their sound business judgment.  It’s no secret that the consumption of alcohol can interfere with an individual’s judgment.  Continue Reading Alcohol and HOA Board Meetings Just Don’t Mix

It’s that time of year again when Boards are planning for the New Year. If your Association has increased (or even decreased) its annual assessment fees for 2015, 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…

The law firm of Winzenburg, Leff, Purvis & Payne, LLP is proud to announce that Molly Foley-Healy has been admitted to the College of Community Association lawyers. Molly is now one of fewer than 150 lawyers nationwide to be admitted to this prestigious organization, and joins Mark Payne as the firm’s second CCAL member. CCAL was established in 1993 by Community Associations Institute (CAI), with membership limited to attorneys who have distinguished themselves through contributions to the evolution and practice of community association law. CCAL members are also recognized for their commitment to high standards of professional and ethical conduct.Continue Reading Molly Foley-Healy Admitted to College of Community Association Lawyers

My household includes a Grinch and a Clark Griswold.  "Clark’ wants to put up holiday decorations last weekend.  "The Grinch" thinks holiday decorations are overly-expensive cat toys to be avoided at all costs.  The Grinch received the following poem by Nena Groskind this morning, and somehow is now in a bit of a Christmas mood.  We hope you enjoy it as much as we have, and prepare reasonable rules and regulations in the spirit of the season!Continue Reading A Community Christmas Carol (sort of)