Here’s the latest from CAI National on expected revisions to the FHA certification requirements for condominium associations: “The Federal Housing Administration (FHA) is likely to take action in the coming months that will affect community associations. FHA is preparing new policies for condominium project approvals and will soon release guidelines on the use of transfer fees by community associations.Continue Reading CAI National Believes FHA Action on Condos, Transfer Fees in Pipeline

Late last week, I began posting a series of blog entries focusing on the traits that make a director highly effective in participating in the governance of their homeowners’ association (“HOA”). 

As a reminder, here is the first trait:

 

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 high effective director is also able to put the interests of the association ahead of the interests of neighbors or friends. 

 

 

A second, and equally important trait, focuses on the importance of being familiar with and utilizing the governing documents of the HOA.Continue Reading Highly Effective HOA Directors: Trait #2

Ahhh, spring, when a young lawyer’s fancy turns to thoughts of…covenant enforcement.

I love covenant enforcement cases. In most situations, the owner who violated the documents has no defense and it’s up to the association to make sure the owner complies with the documents that govern his property.  Sometimes it can be a headache, but it’s the Association’s legal duty to enforce these documents.

Not in your backyard? Enforce your covenants!

Some thoughts from your lawyer’s perspective to help ensure a successful covenant enforcement action:Continue Reading It’s Springtime! Let’s Paint the House Pink!

Serving on the board of directors of a homeowners’ association (“HOA”) is just not easy – especially in these tough economic times. Directors sacrifice countless hours of their personal time to govern their communities and deal with tough issues. Sometimes their hard work is recognized by members of their HOAs and other times they are criticized for their decisions. 

If you have served on the board of an HOA, have advised boards, have observed the work that boards undertake or have interacted with board members, you can probably pinpoint the traits of a highly effective director. Over the next several days, this series of blog entries will focus on the traits that make a director successful in participating in the governance of their association.Continue Reading Highly Effective HOA Directors: Trait #1

As Chair of CAI’s Colorado Legislative Action Committee (“CLAC”), last week I participated on a legislative update panel at the CAI Rocky Mountain Chapter Spring Showcase. While the session addressed the status of manager licensure in Colorado, the main focus of the discussions were on the perception of the HOA industry by legislators, their constituents, regulators and special interest groups and what that means for the industry in the future on the legislative and regulatory front. 

The panel discussion began with a presentation by Aaron Acker, the HOA Information Officer, who noted that the number of complaints being lodged with his office have been increasing this year. Mr. Acker reported that while the calls are generally tracking the categories of complaints outlined in the 2011 Annual Report of the HOA Information and Resource Center, he is seeing a new trend in complaints relating to HOA law firms with an emphasis on how some firms are utilizing the foreclosure remedy.Continue Reading HOA Industry Can’t Afford to Be Tone Deaf

As a board member, do you ever feel that you and the remaining board members are on an island alone? Nobody understands what you do, much less appreciates what you do. But, they are more than willing to criticize everything you do, often because it adversely impacts their use and enjoyment of their property. You and the remainder of the board feel overwhelmed by the amount of work there is to be done to run your association. And while the manager can be a tremendous help, you can’t afford to pay them for everything you would like to have done. So what do you do?Continue Reading Appointment and Use of Committees

In my March 30th blog posting, I outlined the documents and other items that must be produced by a declarant to the homeowners’ association within 60 days following transition of the association from declarant to owner/association control. While the declarant clearly has responsibilities to the association following transition, the association subsequently has the responsibility to make “public disclosures” within 90 days after assuming control from the declarant.

The Colorado Common Interest Ownership Act (“CCIOA”), atC.R.S. 38-33.3-209.4, requires an association to make the following information available to unit owners upon upon reasonable notice to the association:Continue Reading Association Disclosures Following Transition

I previously posted a blog regarding the importance of the Notice of Bankruptcy. Here is a story of just how important this Notice can be and the consequences of not paying close attention to receiving this Notice. 

As you can see after reading this article, the Bankruptcy Court takes very seriously the protections afforded to a…

In the past few weeks, I have received several questions relating to the responsibility of a declarant to transition an association it developed to owner control and the responsibility to produce records and other items following transition. Both of these questions are controlled by the Colorado Common Interest Ownership Act (“CCIOA”).

Termination of Declarant Control

 

While a declaration of covenants, conditions and restrictions or a condominium declaration for a new community will normally have specific provisions regarding declarant rights and the period of declarant control over the community, C.R.S. 38-33.3-303(5)(a)(I) addresses the outside limits on declarant control for most new communities (with the exception of large planned communities). In particular, that provision of CCIOA provides that regardless of the period of declarant control outlined in a declaration, declarant control will terminate within 60 days following the earliest of one of these events:Continue Reading Production of Documents by Declarants Following Transition to Owner Control

Just minutes ago, the Senate Local Government Committee unanimously approved a slightly amended version of House Bill 12-1237 ("HB 1237").  As you know, HB 1237 amends the association records provision of CCIOA to:  (1) make it clear what records must be maintained and produced to homeowners; (2) specifically list the types of records which may be withheld from production; and (3) eliminate…