Over the past few weeks, I have been posting a series of blog entries outlining items that boards and managers of homeowners’ associations (“HOAs”) should add to their 2012 To Do List. One item that can be easily overlooked is the review and refinement of rules and regulations (“rules”). 

Since boards have the fiduciary duty to enforce rules, it’s essential for boards to undertake a periodic review of their association’s rules. While it’s wise to work with legal counsel when reviewing and revising rules, here are a few areas of inquiry:Continue Reading 2012 HOA To Do List Reminder: Review and Refine Rules

Merry Christmas and Happy Holidays from everyone at Winzenburg, Leff, Purvis & Payne!

On the first day of Christmas my HOA gave to me written approval for my pear tree.

On the second day of Christmas my HOA gave to me, two pooper scoopers and written approval for my pear tree.

On the third day of Christmas my HOA gave to me, three French drains, two pooper scoopers and written approval for my pear tree.Continue Reading The Twelve Days of Christmas – HOA Style

As Congress continues to play politics with extending the payroll tax deduction into 2012, Community Associations Institute ("CAI") reports that an increase in fees on Fannie Mae, Freddie Mac and FHA seems to be an inevitable part of any deal ultimately reached.  CAI National published the following report: Continue Reading CAI Reports Congress to Increase Fees on Fannie Mae, Freddie Mac, and FHA

On a yearly basis, the boards of homeowners’ associations (“HOAs”) are faced with making important and sometimes costly decisions on behalf of the communities they govern. When retaining the services of professionals and vendors to provide services for your association – it’s essential to exercise due diligence to ensure your association is properly protected. Here are some important reminders:Continue Reading 2012 HOA To Do List: Exercise Due Diligence Before Executing Contracts

In my November 30th blog posting, I reminded HOA boards and managers to put the renewal of their HOA’s registration with the Colorado Division of Real Estate (“Division”) on their 2012 To Do List. In that posting, I noted that we suspected the registration fee would be significantly increased to cover the costs of…

As we slide into 2012, it’s important for the boards of HOAs to take a careful look at the status of their reserve funds. By now, every HOA should have adopted a Reserve Study Policy that is required under Colorado law. C.R.S. 38-33.3-209.5(1)(b)(IX) provides that a Reserve Study Policy must include the following:Continue Reading 2012 HOA To Do List Reminder: Review Reserve Study Policy and Make Contributions to Reserves

In the busy-ness of day to day work, once in awhile I get a chance to reflect on what is causing all of this busy-ness. It seems that the last several years have, unfortunately, brought out much conflict in the operations of community associations, resulting in contentious board meetings and annual meetings, as well as disputes between associations and their members and owner to owner disputes. The Foundation for Community Association Research, a national 501(c)(3) organization devoted to common interest community research, development and scholarship recently published a paper by Courtney L. Feldscher, a Ph.D. Candidate at Boston University addressing managing conflict in community associations.Continue Reading Conflict Management in Your Association

Andrew Fortin, CAI National’s Vice President of Government & Public Affairs, has provided CLAC with the following important ALERT for CAI members in Colorado: 

“CAI members in Colorado have reported that a mortgage company in that state is telling lenders that in order to obtain a mortgage for a home in a community association; the…

On October 21st, I posted a blog entry informing you that FHA was contemplating a prohibition on deed-based transfer fees in order for a condominium association to qualify for FHA-insured loans.  In that same entry, I included a report from Community Associations Institute ("CAI") on the issue with a link to a letter to FHA requesting that they exercise caution and due diligence prior to taking such action.  CAI has received a response from FHA to this letter and has published the following communication:     Continue Reading FHA Responds to CAI on Transfer Fees

For those of you who follow our blog, you know that in recent entries I have been compiling a 2012 HOA To Do List for managers and directors of homeowners’ associations (“HOAs”). My first additions to the To Do List addressed planning ahead for annual disclosures and renewing your HOA registration in 2012 with the Colorado Division of Real Estate. While these initial entries were housekeeping items required by Colorado law, this latest addition is much more strategic in nature and is intended to enhance the governance of your communities.Continue Reading 2012 HOA To Do List Reminder: Groom Future HOA Leaders