I do not have a green thumb. Our new attorney, Doug, is an excellent gardener, so I am trying to figure out ways to convince him that beautifying my lawn is a requirement of his employment. I think he’s starting to figure me out.
I’m not the only one who wants a nicer lawn. Now that it’s Spring, many homeowners throughout Colorado are breaking out their shovels and trowels, turning their soil, and installing velociraptor lawn ornaments.
We sometimes receive questions about the owner education requirements required by the Colorado Common Interest Ownership Act (CCIOA), and what it takes to comply. CCIOA says that the association must provide, or cause to be provided, education to owners at no cost on at least an annual basis as to the general operations of the association and the rights and responsibilities of owners, the association, and its executive board under Colorado law. The criteria for compliance with this section shall be determined by the executive board.Continue Reading Annual Education? Do You Comply?
With one week remaining in the 2014 legislative session, Senate Bill 14 – 220 (“SB 220”) was introduced yesterday evening in the Colorado Senate. While it may seem to some that this bill was introduced too late in the session to have any chance of passage, with relaxed rules in place for the end of the session, a bill can technically make it through the entire legislative process in three days. This bill has been assigned to the Senate State, Veterans & Military Affairs Committee and the Senate Judiciary Committee.
Sponsored by Senator Jesse Ulibarri (D-Commerce City) and Senator Mark Scheffel (R-Parker), the bill seeks to spur the construction of condominiums in Colorado. Unfortunately, the bill is so extreme that it would guarantee that owners of homes in HOAs would have no recourse against builders for defective construction.
As introduced, here’s what the bill provides:Continue Reading Bill Introduced to Strip Homeowners of Ability to Recover for Construction Defects
On April 18th, Governor Hickenlooper signed HB 1254 into law. The bill addresses the disclosure of fees charged to HOAs in Colorado by management companies. HB 1254 will go into effect on January 1, 2015. Here’s what you need to know about the bill: Continue Reading Management Company Transparency Bill Signed Into Law
Winzenburg, Leff, Purvis & Payne, LLP is pleased to announce free lunchtime teleconference classes for community association managers designed to help prepare managers to take the Colorado law portion of the licensing examination. While community association managers will not be required to be licensed until July 1, 2015, now is the time to start preparing for the examination on
Community associations often deal with situations that they must disclose to buyers or lenders as part of the documentation provided in a real estate transaction. Typical disclosures that associations must give include (1) whether the association is involved in litigation and (2) whether a special assessment has been levied. Litigation and special assessments seem easy enough to disclose. But the obligation to disclose, or the liability for not disclosing, is less clear with respect to threatened litigation or a special assessment under consideration but not yet approved. Associations should consult with legal counsel when a situation does not fall squarely within the mandatory disclosure categories. Failure to disclose may result in liability for the association, but giving too much information can also cause problems for an association.
As examples, associations tread into murky disclosure areas with respect to the following areas:
Ongoing disputes between the association and a particular owner or group of owners that does not involve litigation. In general, associations should neither hide nor embellish the facts regarding an unhappy owner’s impact on the community. A protracted dispute, much like a potential lawsuit or special assessment, is not a mandatory disclosure for associations or sellers.Continue Reading Full Disclosure: How much is too much?
WLPP attorney Doug Stallworthy recently wrote a post on transparency in association boards. His thoughts follow.
Transparency in decisions made by the board of a homeowners association fosters a sense of confidence in those decisions. By following correct procedures for meetings on all issues, whether simple or complex, both the board and members will gain a familiarity with the process, and members may understand how complex the issues faced by a board really are.
When residents contact a board member about an issue in the community, the board member should always refer them to the HOA manager, ask the resident follow complaint procedures, or raise the issue at the appropriate time in an open meeting. Board members should not give opinions or make decisions outside of a meeting. Open meetings allow the board as an entity to discuss an issue, and receive comments from interested members.Continue Reading The Advantages of Transparency
The Colorado Division of Real Estate has developed proposed rules for the licensure of community association managers. Those rules have just been published for public comment. That means that every citizen in Colorado has an opportunity to review the proposed rules and provide comment to the Division of Real Estate on them.
The Manager Licensure Task Force ("Task Force") of CAI’s Colorado Legislative Action Committee (“CLAC”), has prepared a communication that will be sent today to all members of CAI in Colorado. That communication will provide this link to the proposed rules and encourages members of CAI to provide their comments to the Division of Real Estate and the Task Force. The Task Force will be submitting comment on behalf of CAI to the Division and would like input from CAI members prior to submitting their comment.Continue Reading Proposed Manager Licensure Rules Published for Public Comment
Spring is in the air and I think it’s time to rethink the look of our home exterior and landscaping for the summer. Lately, I’ve been looking back a bit on my younger years when life was full of adventure and wonder. There’s no better way to recreate that feeling than to go with a retro theme for our house and yard. I’m inspired now and here’s what I’m thinking:
● Paint the house a lovely shade of pea green;
● Use recycled bowling balls as edging for the flower gardens;
● Hit yard sales this weekend and hunt down 6 or so of those “house butterflies” that were so popular in years past (make sure to spray paint them burnt orange, lime and gold before attaching them to the house in strategic locations to give our neighbors maximum enjoyment);
● Find a cute fountain that mimics a little boy peeing in the grass (that would be perfect for the front yard near the culdesac);
● Bury 1/3rd of an old claw foot bathtub in the ground and place a statue of the Virgin Mary in it (some might think that’s sacrilegious – so probably not a good option);
● Find weathered statues of Snow White and the Seven Dwarfs and place along the edge of the yard near the culdesac for the neighborhood children to enjoy;
● Last, but not least, make sure to find a statue of Bambie to place by the tree in the front yard right next to the mooning garden gnome.
"You know your neighbors will love me."
Continue Reading Dreaming of My Younger Years and a Retro Landscape
On a vote of 53 to 11 (with one representative excused), the Colorado House of Representatives just voted to approve the Senate amendments to House Bill 14-1254 (“HB 1254”). The next stop for HB 1254 is Governor Hickenlooper’s desk where we fully expect he will sign the bill into law. Once that happens, HB 1254 will become effective on January 1, 2015.
HB 1254 is the rewritten transfer fee bill that:Continue Reading Management Company Transparency Bill Headed to Governor Hickenlooper’s Desk!
