On January 25th, a Notice of Proposed Rulemaking was published by the Colorado Department of Regulatory Agencies (“DORA”) in The Colorado Register to address a wide variety of issues – including the towing of vehicles from private property. 

Currently under Colorado law, HOAs are permitted to enter into a contract with a towing company to have the company act as an agent of the association to determine whether a vehicle should be towed. In other words, associations can currently hire a towing company to periodically patrol for parking violations and tow vehicles which are parked in violation of an association’s covenants, rules and regulations. 

 

While some associations contract directly with a towing company to patrol for parking violations and to tow when appropriate, other associations utilize a practice where a member of the board or a managing agent contacts the towing company to request that a vehicle be towed. 

 

While upon initial review it doesn’t seem this latter practice would be impacted by the proposed changes to the Public Utilities Commission rules regulating towing, the former practice would not be permissible.  However, in addition to dealing with the issue of towing companies acting as the agent for associations, the proposed rules should be clarified to ensure that managers and managements companies have the authority to authorize a tow. Continue Reading Proposed Changes to Towing Regulations Could Negatively Impact HOAs

Last week, Senator Mark Scheffel introduced Senate Bil 13-052 ("SB 52") which addresses construction defect claims for "transit-oriented developments."  These developments are defined in the bill as " . . . any multi-family residential or mixed-use project within one-half mile of any commuter rail stop, commuter light rail stop, or commuter bus stop."  Obviously, many HOAs in the greater Denver area would fall within this definition. 

As introduced, SB 52 would:Continue Reading Senate Bill Introduced to Address Construction Defects in “Transit-Oriented Developments”

As Chair of CAI’s Colorado Legislative Action Committee ("CLAC") and a political junky, I avidly follow federal and state legislative and regulatory initiatives relating to HOAs.  If you follow our blog, you know that on Friday Representative Su Ryden introduced HB 1134 which significantly increases the obligations and authority of the HOA Information Office & Resource Center and the HOA Information Officer. 

Not speaking as Chair of CLAC or a representative of Community Associations Institute, but speaking as an attorney who specializes in HOA law and who works daily with HOAs to address a variety of issues and challenges, I have to say that HOA legislation should address significant and pervasive problems in an efficient and cost effective manner.  Continue Reading Common Sense and Affordable Legislative Approaches Must Be a Priority

We are often asked to review rules and regulations for our clients during the cold winter months, before the community pool becomes the haven of unsupervised children running wild on summer break.  Our clients are shocked when we advise them that their rules could cause problems under the federal Fair Housing Act.

It seems reasonable to impose rules limiting access to attractive nuisances like swimming pools, but some courts have held that rules restricting or limiting access to pools, clubhouses, and park facilities on the basis of age violate the Fair Housing Act’s prohibition against discrimination on the basis of familial status.Continue Reading Fair Housing – Take a Look at Your Rules!

On Friday, House Bill 13-1134 ("HB 1134") was introduced by Representative Su Ryden in the Colorado House of Representatives to broaden the authority of the HOA Information Officer and to clarify the responsibilities of the HOA Information and Resource Center.  The primary sponsor of the bill in the Senate is Senator Morgan Carroll.  

While the HOA Information Office and HOA Information Officer are currently authorized to facilitate the registration process, provide information, collect complaints and publish an annual report on the complaints, this bill broadens the authority as follows: Continue Reading Bill Introduced in Colorado House to Broaden Authority and Responsibility of HOA Information Office

We frequently talk about directors’ “fiduciary duties” to their associations and their members. While CCIOA seems to say that non-declarant directors do not have a fiduciary duty (it says no director nor officer shall be liable for actions taken or omissions made in performance of such person’s duties except for wanton and willful acts or omissions), Colorado courts continue to talk in terms of fiduciary duty. So what is a fiduciary duty?Continue Reading Directors’ Duties

The Consumer Financial Protection Bureau has just released new mortgage guidelines which are intended to ensure that purchasers of homes have the ability to pay the costs associated with their homes which includes the ability to pay their HOA assessments.  Community Associations Institute (CAI), which has proactively been representing the interests of HOAs during the development of these new guidelines, has released the following information on the guidelines which will become effective in January of 2014:                                                                         

Qualified Mortgage (Ability to Repay) Guidelines Released

                                                                                                                          

On January 10, the Consumer Financial Protection Bureau (CFPB) released its long-awaited federal Qualified Mortgage (QM) standard. The new federal guidelines, which are required by the Wall Street Reform and Consumer Protection Act (commonly known as the Dodd Frank Act), establish minimum requirements for all mortgage loans.

 

As anticipated, the QM standard considers community association assessments a key factor when determining if a borrower is qualified for a mortgage. Ensuring borrowers can afford to pay association assessments will lead to stronger communities and prevent foreclosures.                               Continue Reading New Mortgage Guidelines with Ability to Pay Provisions Released

Today is the opening day of the 2013 legislative session in Colorado!  As I mentioned in previous blog postings this week, Senator Morgan Carroll has gone on record that manager licensure and beefing up the HOA Information and Resource Center are on the drawing board.  However, we don’t expect those bills to be introduced early on…

I love the fresh start of a new year. Like many people, I use the last few days of the year to reflect on accomplishments, identify areas for improvement and growth, and set goals for the next twelve months. The last week of the year often slows down enough for reflection and planning, and I can chart my course for things like client relations activities, changes to internal business practices, and training for that three-day bike ride I want to complete in July.

How does your community association plan for the year ahead? If you’re a new board member, perhaps you’re eager to begin addressing concerns that led you to volunteer in the first place. If you’re a seasoned director, you may have a project underway that you intend to see to completion. But what are your goals as a board? Is your board approaching the New Year with a unified vision and voice?Continue Reading Better Communication in 2013

As the 2013 legislative session is slated to begin on Wednesday, Senator Carroll has gone on record with the Colorado Springs Gazette on her commitment to pass legislation that would create an HOA Czar and to license community association managers.  The bills will be introduced in the House and are expected to receive support in both chambers which are controlled…