Last week Gina Botti blogged about the importance of properly recording an association assessment lien. Although CCIOA states that a lien is ‘perfected’ or in place upon the recording of the association’s Declaration, it is still important to prepare and record a Notice of Lien to ensure that the lien is not overlooked upon the sale of a unit. 

It is also particularly useful to have a recorded assessment lien against a property that is in public trustee foreclosure. Although most people are aware of the statutory six month super priority lien that arises once a property is foreclosed, few are aware that a foreclosure may present an opportunity to fully recover the assessments and fees that it is owed. Once a property is sold at foreclosure sale, an association typically has eight business days following the sale to also exercise its redemption rights. What are these redemption rights? Simply put, they allow the association because of its lien to take title to the foreclosed property (away from the successful bidder at the sale) for the amount of the sales price at the foreclosure auction plus interest and other expenses.

 

Continue Reading ‘Redemption’ from Uncollected Debt

A lien is a security interest, or encumbrance, over some type of property to secure the payment of a debt or some other obligation. Liens also have different priorities over one another and only when a lien is “perfected” will it be legally entitled to priority over subsequent liens. A creditor must normally “perfect” its lien by taking steps required by law to give other parties notice of the lien. As Lindsay Smith points out in her blog, Colorado requires that any party claiming an interest in real property record evidence of that interest in the real property records of the county in which the property is located. Continue Reading Liens – Protect your association’s interests!

If you are like me, election day couldn’t come soon enough.  While I’m truly a political junkie, the negative campaigning became so overwhelming that even I muted the TV during commercials and we quit answering the incessant political calls.  While the negative campaigns were distasteful and the truth became something that was optional, the real truth is that in the United States of America every vote counts and casting your ballot is your opportunity to make your voice heard.Continue Reading Make Sure to Vote – At Your HOA Annual Meeting!

As you know, from time to time, HOAs end up in the news for perceived abuses to residents of an association or to question actions taken by the board or management.  While the allegations in the news coverage may or may not be true, it’s rare to see a flattering story about an HOA.  As a result, it’s important to have a plan in place to address difficult issues that may arise in your association and the subsequent media coverage.      

Chuck Montera, a public relations and issues management professional with Sigler Communications, works routinely on HOA issues and was kind enough to provide us with the following article on crisis management to share with our readers.  Instead of relying on an attorney to provide advice on public relations issues – we thought it would be helpful for you to get advice straight from a public relations expert.  Continue Reading How to avoid becoming a headline – or successfully dealing with it if you do

Every Board member knows there are some people who are simply grumps.  They enjoy creating a negative environment.  While Board members are only human, it’s important to remember to treat grumps the same as any other member of the association.  If a Board treats a grump differently, that Board could end up with a case of selective enforcement.

Selective enforcement occurs when a Board enforces a covenant against some, but not all members.  This may happen when the Board intentionally takes an action due to a personal issue, as with a grump, or it may happen when a Board takes actions a prior Board neglected to take.  Every situation is different, and what may seem like unequal treatment is not necessarily selective enforcement.Continue Reading Be Nice to Grumps!

Governing and overseeing the operations of an HOA is a significant responsibility for board members which can sometimes seem a bit overwhelming.  In addition, some board members have never served on the board of a nonprofit corporation or have little experience overseeing the business aspects of an association.  As a result, attending educational sessions can be an extremely helpful resource for directors. 

The Rocky Mountain and Southern Colorado Chapters of Community Associations Institute, management companies and law firms like WLPP routinely provide education for boards.  While for the most part these educational sessions are provided free of charge, sometimes there is a small fee for attendance.  The Colorado Common Interest Ownership Act ("CCIOA") addresses the ability of associations to reimburse board members for educational expenses. Continue Reading CCIOA 101 for HOA Boards: Reimbursement for Board Member Education

With annual meeting season upon us, it’s a great time for the boards of HOAs to provide owner education as required by the Colorado Common Ownership Act.  CCIOA, at C.R.S. 38-33.3-209.7, requires associations to provide free education at least yearly to owners on ". . . the general operations of the association and the rights and responsibilities of owners, the association and its executive board under Colorado law."  This provision of the statute permits the boards of HOAs to determine how to comply with the requirements for owner education.  In addition, owner education is not required for time-share communities. Continue Reading CCIOA 101 for HOA Boards: Annual Owner Education

Last Thursday, as Chair of CAI’s Colorado Legislative Action Committee, I served on a panel for a Town Hall Meeting hosted by State Representatives Angela Williams, Su Ryden, Rhonda Fields, Nancy Todd and State Senator Morgan Carroll. The topic of the evening revolved around HOAs, the problems folks living in them sometimes experience and whether Colorado law needs to be revised to address these problems.

As I listened to homeowner advocates and folks who have experienced real problems with their HOAs, three important principles for empowerment came to mind:  (1) homeowners are empowered when they are knowledgable; (2) homeowners are empowered when they participate in the governance of their HOAs; and (3) homeowners are empowered when they focus upon and are part of real and reasonable solutions.Continue Reading Knowledge, Participation and Solutions Empower Homeowners

Last week, attorney Gary Kujawski began his employment as the HOA Information Officer with the Colorado Division of Real Estate.  Since this important position has been vacant for about six months, we are thrilled to see that it has been filled and are certain that Mr. Kujawski will use his knowledge and experience in training to provide homeowners and…

One of the routine questions I receive from boards of HOAs and homeowners, is whether notice is required to be given to owners for regular and special meetings of the board.  While CCIOA requires that meetings of boards be open to owners and provides owners with a right to speak before the board takes formal action on an issue…