As you may have heard by reading our blog, on May 28, 2013 the HOA Debt Collection bill (HB 1276) was signed into law by Governor Hickenlooper. Although the requirements of the Bill do not go into effect until January 1, 2014, it is not too soon to commence preparing revisions to your Association’s Collection Policy to ensure timely compliance.

Effective January 1, 2014, an Association must have a Collection Policy which, at a minimum, includes the following information: 

(1) The date on which assessments must be paid to the association and when an assessment is considered past due;

(2) Any late fees and interest the association is entitled to charge on a delinquent account;

(3) Any returned-check charges the association is entitled to charge;

(4) The circumstances under which a delinquent owner is entitled to enter into a  payment plan and the minimum terms of the payment plan;

(5) Before the association turns over a delinquent account to an attorney or collections agency, the association must send the delinquent owner a written notice specifying:

(a) The total amount of the arrearage, with an accounting of how the total arrearage was determined;

(b) Whether the opportunity to enter into a payment plan exists and instructions for contacting the association to enter into the payment plan;

(c) The name and contact information for the individual the owner may contact to request a copy of the owner’s ledger to verify the amount of the debt; and

(d)  That action is required to cure the delinquency and failure to do so within 30 days may  result in the account being turned over to a collection agency, a lawsuit being filed against the owner, the filing and foreclosure of a lien against the owner’s property and other remedies available under Colorado law. Continue Reading Time to Start Revising Your Collection Policies!

Today is Flag Day and the 238th birthday of the United States Army!  There is no question in my mind that the vast majority of HOAs in Colorado recognize the importance of allowing residents to express their patriotism by displaying the American flag and service emblems.  However, as we observe Flag Day and prepare for the July 4th holiday, now is a great time to remind HOAs about applicable Colorado law.  Here’s what you need to know:      Continue Reading Happy Flag Day!

I remember growing up and hearing the delightful words of Mr. Rogers, “It’s a beautiful day in this neighborhood, A beautiful day for a neighbor, Would you be mine? Could you be mine? Won’t you be my neighbor?” 

It doesn’t look like Justin Bieber will be singing this song anytime soon about his neighbors &ndash…

As everyone who has been within fifty feet of me during the college football season is well aware, I am a proud alumna of the University of Oklahoma.  I arrived in Norman two years after the bombing of the Murrah building; two years after my arrival, I witnessed the May 3, 1999 F5 tornado that destroyed Moore.  Today, I watch the news and worry about my friends and loved ones who have been impacted by the most recent storms.  While I was born and raised in Colorado, I will always be a Sooner.

Of course, as a community association attorney, I also see this destruction as a crucial lesson for my clients.  It’s important that association boards understand and recognize the impact that natural disasters can have on their communities, and prepare accordingly.Continue Reading Breaking Through These Times of Trouble

Just minutes ago, Governor Hickenlooper signed the HOA Debt Collection (HB 1276) and the HOA Manager Licensure (HB 1277) bills into law.  Check out this update from CAI’s Legislative Action Committee for a synopsis of both bills. 

It has been our pleasure here at Winzenburg, Leff, Purvis & Payne, to bring you the latest updates on…

 We’ve written many times about the Fair Housing Act and assistance animals, most recently on April 29, 2013. Little did I know then that, just four days previously the U.S. Department of Housing and Urban Development had issued Notice FHEO-2013-01 addressing service animals and assistance animals for people with disabilities in housing and HUD-funded programs, a copy of which can be found here.

We’ve discussed in the past that the Fair Housing Act differs from the Americans With Disabilities Act (“ADA”), in that the ADA, with certain exceptions, typically does not apply to homeowners associations, which the Fair Housing Act often does. We’ve also discussed that the U.S. Department of Justice has published a fact sheet describing changes to the ADA rules relating to service animals. Those rules essentially said that a service animal was a dog that had been individually trained to do work or perform tasks for the benefit of an individual with a disability, and excluded emotional support animals.Continue Reading The Fair Housing Act – The More Things Change, The More They Stay the Same

The Colorado General Assembly concluded its 2013 session on Wednesday after approving several pieces of legislation that impact community associations. We have covered the legislation from start to finish and will continue to provide updates on key legislation, such as the new manager licensure law, as it moves through rule-making and implementation. For now…

 We all know that the Colorado legislature last year revised the records definitions and disclosure requirements under the Colorado Common Interest Ownership Act ("CCIOA") (we do all know that, right?).

Well, here is an example of what could happen if your community doesn’t take seriously the responsibility to provide records to its members when they request them.Continue Reading Withholding Records – We Can Do That, Right?

Members of Community Associations Institute in Colorado have received the following update from CAI’s Colorado Legislative Action Committee on the HOA Reform Package of bills: 

HOA Reform Bills Cross the Legislative Finish Line With Little Time to Spare

 

It is an understatement to say that the 2013 legislative session has been a busy one for CAI’s Colorado Legislative Action Committee (CLAC)! As you know, key legislators introduced a package of bills they called the HOA Reform Package which was aimed at providing consumer protections for owners and residents in HOAs. While CLAC did not author the bills, we were extremely involved in working the legislation in an effort to seek a balance between the rights of individual homeowners with their associations as a whole. While some folks have said that we just should have killed some of the bills, given the make-up of the legislature, we knew this was an impossible task and ultimately wouldn’t serve anyone well. As a result, we rolled up our sleeves and got to work. We are pleased with the results of our work with key legislators and ultimately ended up coming out in support of the following four pieces of legislation. 

Continue Reading Update from CAI’s Legislative Action Committee on HOA Reform Bills

Yesterday was an extremely busy one for the HB 1277 – the manager licensure bill.  As I reported, an amended version of the bill was passed by the full Senate on 3rd reading on a party line vote and then on the same day was taken up by the House to consider the Senate amendments.  The House concurred with…