This afternoon, the Fifth Circuit Court of Appeals granted the government’s emergency motion to stay the trial court’s nationwide injunction against the CTA and its reporting requirements, pending a final determination of the appeal of that order. Finding that the government made a strong showing as to the CTA’s constitutionality, and that the lower court…

In a memorandum opinion issued on December 3, 2024, Judge Mazzant out of the Eastern District of Texas issued a preliminary injunction against the Corporate Transparency Act, finding that the Act is likely beyond the scope of Congressional authority. Reporting companies do not have to comply with the CTA’s January 1, 2025 reporting deadline, pending…

Many of our clients have been following CAI’s lawsuit regarding the Corporate Transparency Act’s applicability to HOA clients, Community Associations Institute v. U.S. Department of Treasury, very closely. CAI sought a preliminary injunction, which would postpone the deadline for community associations to file beneficial ownership information reports until the case could be fully heard…

As we predicted in 2022, the Colorado legislature has revised provisions that were created by House Bill 1137, which now means that community associations need to again update their Collection Policy.

What does this mean for you?  Existing clients that previously received WLPP Collection Policies under House Bill 1137 will be entitled to a revised…

Skyrocketing premiums for property insurance coverage for many common interest communities in Colorado, particularly condominium projects, are becoming a financial nightmare for those communities impacted by the premium hikes and the homeowners who live in them. In fact, the Speaker of the House in Colorado is sponsoring House Bill 24-1108 to require the Commissioner of…

The HOA Homeowners’ Rights Task Force created by House Bill 23-1105 will hold its first public meeting on October 24, 2023 at 3:00 p.m. by Zoom Webinar. Find the agenda here, and register here. Submit public comments and answer the DORA survey here. Watch on YouTube here.

Homeowners have the right…

On August 10, 2022, House Bill 22-1137 (“HB 1137”) went into effect. The new law at that time made significant changes to how HOAs in Colorado are permitted to handle enforcement and collection matters. Now that we have lived with and worked under this law for a year, we have discovered issues with the law…

  • “…I always think that the chances of finding out what really is going on are so absurdly remote that the only thing to do is to say hang the sense of it and just keep yourself occupied.” — Douglas Adams, The Hitchhiker’s Guide to the Galaxy*

Responding to record requests can sometimes be a…

Notice Regarding Colorado HOA Homeowners’ Rights Task Force

On May 24, 2023, Governor Polis signed into law HB23-1105, which creates an HOA Homeowners’ Rights Task Force (“Task Force”) to examine issues confronting communities that are governed by the executive board of an association. You can read more about the Task Force at https://dre.colorado.gov/division-notifications/house-bill-23-1105-task-forces-to-examine-issues-affecting-homeowners-rights.