Homeowners often claim that they did not receive notice of their delinquency from the Association. Sometimes this assertion comes up after the Association files suit against the homeowner. Fortunately, the “Mailbox Rule” can allow the Association to overcome this allegation.Continue Reading The Mailbox Rule
Senator Morgan Carroll Elected As Senate President
Following the recall of Senator John Morse, Senate Democrats just elected Senator Morgan Carroll as the President of the Senate. For those of you who are political junkies, you know that Senator Carroll has been a pivotal player over the years on legislation pertaining to HOAs.
Just this past year, Senator Carroll sponsored in the Senate the…
Solar Panels and Safety
A recent Fox News article brought to light a danger many people had not considered when looking to install solar panels on their roofs – the weight and electricity of solar panels can put fire fighters in danger when they try to put out flames. While solar panels and alternative energy are encouraged in Colorado, and covenants that effectively prohibit or restrict installation of solar are void and unenforceable, associations can impose reasonable restrictions for safety and aesthetics. Continue Reading Solar Panels and Safety
Can You Disclose Who In Your Community Is Delinquent In Payment Of Their Assessments?
I’ve recently been following a blog that has been discussing how the paying members of a homeowners association can find out who is delinquent in paying their assessments. We’ve been asked many times over the years whether it is lawful, or wise, to publish the names of owners who are not current in the payment of their assessments. It is interesting, at least to me, the scope of opinions about this topic.
I take the position that any member in the association who is not paying his or her assessments is being subsidized by those who do pay. I believed that the member who is paying is entitled to know who they were subsidizing.Continue Reading Can You Disclose Who In Your Community Is Delinquent In Payment Of Their Assessments?
Federal Aid Programs for Colorado Flood Disaster Recovery
There’s no doubt about it that the flooding in Colorado has been absolutely devastating. In fact, insurance professionals are now classifying this natural disaster as a one thousand year flood event! If you are in the unfortunate position of having no insurance or inadequate insurance to cover your losses, check out this FEMA Fact Sheet on Federal Aid…
Have you Revised your Collection Policy Yet?
I previously blogged about the necessity of updating association collection policies and procedures as a result of recent legislative changes effective on January 1, 2014.
In addition to preparing a revised collection policy, associations are also required to send new collection notices which provide specific information to delinquent owners. The notices must provide the…
Constructively Managing Conflict in HOAs: Tip #4
As we near the end of our examination on how to constructively manage conflict in HOAs, let us take a moment to review the first three tips we have covered:
Tip #1: Be Real About What Is Bothering You
Tip #2: Listen, Listen, Listen!
Tip #3: Folks in a Conflict Must Strive to Use Neutral Language and Tone
These first three tips will be most effective if every individual engaged in the conflict is willing and committed to looking at their personal agenda, taking a moment to really listen to where the other person is coming from and to act like an adult in their interactions.
While utilizing these interpersonal skills should go a long way to resolving conflict, it may not be enough. As a result, the folks involved in the conflict should seriously consider the next tip:Continue Reading Constructively Managing Conflict in HOAs: Tip #4
Constructively Managing Conflict in HOAs: Tip #3
As this series of blog entries continue to analyze what homeowners, board members and managers can do to constructively handle conflict in HOAs; we have already stressed the importance of folks understanding what is at the heart of a conflict and the importance of really listening to what the other individual is saying. However, the importance of using good interpersonal skills does not stop there.
Tip #3: Folks in a Conflict Must Strive to Use Neutral Language and ToneContinue Reading Constructively Managing Conflict in HOAs: Tip #3
Chalk Another One Up to Bad Communication
I recently read an article about a homeowner in Texas who received a violation notice from her homeowners association as a result of chalk drawings left on her driveway by her son – something the owner and neighbors do not feel the Association’s governing rules specifically address. The article goes on to state that the owner and her neighbors organized an event where they handed out bundles of chalk to kids from the neighborhood who gathered to decorate their sidewalks and driveways. While this may be a knee-jerk reaction for most folks, intentionally violating the rules in an attempt to “send their neighborhood association a message” may only worsen the situation by subjecting more owners to similar violation notices and potential fines. Though the Association may not have a rule specifically addressing chalk use, most Association’s have rules and regulations that deal with the maintenance and upkeep of a property and require owners to keep their property in a clean, safe, and attractive manner – something “chalk drawing” could surely fall under. Continue Reading Chalk Another One Up to Bad Communication
Constructively Managing Conflict in HOAs: Tip #2
For those of you who follow our Colorado HOA law blog, you know that last week I started a series of blog entries aimed at providing tips on how to constructively manage conflict in HOAs. I’m convinced that if homeowners, board members and managers keep these tips in mind, it will give everyone involved a real chance at resolving conflict before things get out of hand.
Tip #1 from last week, was “Be real about what is bothering you.” Here is Tip #2 for your consideration:Continue Reading Constructively Managing Conflict in HOAs: Tip #2