With the passage of HB 12-1237 during the final hours of the 2012 legislative session last week, associations moved one step closer to new requirements concerning the official records that they must make available to owners upon request. We fully expect this bill to clear the final hurdle on its way to becoming law. Once HB 12-1237 is signed into law by Governor Hickenlooper, associations will have until January 1, 2013, to implement new records policies and practices.

It’s not too early for associations to start reviewing their mandatory inspection and copying of records policies and making necessary updates before the effective date of HB 12-1237. All associations should have clear policies that do the following:  

  1. Ensure availability of all documentation expressly declared a "record" by statute plus any additional records defined in an association’s governing documents
  2. Exclude specific documents from owner review

The biggest change most associations will make to their policies involves the removal of any requirement that owners state a "proper purpose" before getting access to records. Under HB 12-1237, associations must maintain certain records, and owners are entitled to access that information. Associations can help minimize the impact of owner requests for records on other association business by adopting clear policies, keeping records up to date, and making documents easily accessible.Continue Reading For the Record … Effective Records Policies Start Now

Following an implosion in the House last night over legislation on civil unions that ultimately killed over 30 other bills, CAI’s Colorado Legislative Action Committee ("CLAC") became concerned about whether time would run out on this last day of the legislative session to take up the the HOA records bill – HB 1237.  With the sands in the hourglass running low, we are pleased to report that the House…

HB 1237 (the HOA records bill) just unanimously cleared the Senate on 3rd reading!  The bill will now be sent back to the House for concurrence.  We believe the bill will clear this final legislative hurdle in the House before the legislative session adjourns next Wednesday and will then be sent to Governor Hickenlooper to be signed into…

After getting bogged down on the Senate calender as we approach the end of the legislative session next week, House Bill 1237 (the HOA records bill) was just heard this afternoon and passed by the Senate on second reading.  HB 1237 is expected to be heard by the Senate on 3rd reading as early as tomorrow morning.  The bill was amended…

Colorado law provides that an association is entitled to a super-priority lien “super lien” for assessments which would have come due during the six months immediately preceding the filing of a foreclosure action by an association, or a party holding the first Deed of Trust.Continue Reading Protecting the Association’s Right to Collect the Super Lien

As we reach the end of our journey in outlining the 8 traits of highly effective HOA directors, it’s appropriate to recap the first 7 traits that make these individuals outstanding participants in the governance of their homeowners’ associations (“HOAs”). So here’s a recap from the beginning: 

Trait #1: It’s all about the HOA and not about their personal agenda. 

 

A highly effective director understands that he/she has a fiduciary duty to act in the best interests of the association as a whole and is able to put aside his or her personal interests or agenda on any given issue. A highly effective director is also able to put the interests of the association ahead of the interests of neighbors or friends.

 

Trait #2: A highly effective director never attends an association meeting without having the governing documents of the association close at hand and routinely consults the documents for guidance.

 

A highly effective director understands that he/she has a duty to comply with and enforce the governing documents of the association. A highly effective director understands and is committed to consulting the governing documents of the association prior to making decisions. These directors always have the declaration, bylaws, SB 100 policies, and the rules and regulations of their association available for review at all meetings.   Continue Reading Highly Effective HOA Directors: Trait #8

Yesterday our own Congressman from Colorado, Ed Perlmutter (D, 7th District), sent an outstanding letter to Carol Galante (Acting Federal Housing Commissioner and Assistant Secretary for Housing with HUD) addressing some very real problems with the current FHA certification requirements.  Congressman Perlmutter called on Acting Commissioner Galante to revisit the FHA certification requirements relating to:

" ● No more than 15 percent of the units…

As we enter the homestretch in outlining the 8 traits of highly effective HOA directors, I have to say that I’m thrilled at the number of hits this series of blog entries has received. I suspect the issue of governing effectively is a hot topic because it’s just not that easy to govern HOAs in these tough economic times. Directors are looking for the “secret to success” and unfortunately there’s no silver bullet. However, we hope that at least a few of the traits we have outlined in this series will resonate with directors who may be struggling and help point them in the right direction. 

The 7th trait of a highly effective director requires these individuals to not only deal with the issues of the day – but to look strategically toward the future.Continue Reading Highly Effective HOA Directors: Trait #7

This morning we continue our journey to identify the traits of highly effective HOA directors. While we could go on at length over what makes a director great, this series of blog entries will identify 8 essential traits of these outstanding leaders.

To recap, here’s where we have been on our journey thus far:

 

Trait #1: It’s all about the HOA and not about their personal agenda.

 

 

Trait #2: A highly effective director never attends an association meeting without having the governing documents of the association close at hand and routinely consults the documents for guidance.

 

 

Trait #3: A highly effective director asks constructive questions and is an outstanding listener.

 

 

Trait #4: A highly effective director never acts as a Lone Ranger.

 

 

Trait #5: A highly effective director passionately debates issues in the board room and then supports the ultimate decision of the board. Continue Reading Highly Effective HOA Directors: Trait #6

It’s Friday and I have to admit I thought seriously about taking a day off from blogging on the traits of highly effective HOA directors. And then I thought – quit being so darn lame Molly – HOA directors are the folks who deserve to be given the day off for all of the countless hours they commit to governing their communities!

If you are reading this series of blog entries for the first time on the traits that make a director highly effective in participating in the governance of their homeowners’ association (“HOA”), check out this blog entry to catch-up on the first 4 traits.Continue Reading Highly Effective HOA Directors: Trait #5