I just heard from Henry that the Happy Hollows HOA Board of Directors held a meeting last night and didn’t tell anyone about it. I bet they couldn’t afford that fancy snow removal service they hired for the winter and are going to cut down on the hours the pool is open to save money. They better not be planning to increase assessments!

Did you hear the Board appointed a committee to look into landscaping issues? I heard the Board President’s brother owns a landscaping company. Do you think this is some sort of scheme to give him a contract? I bet the Board President will get a kick-back on that deal!Continue Reading Stop the Insanity With Open Meetings!

The Aurora Sentinel published a story yesterday entitled Know where to turn when you have HOA nightmares. The story chronicles the troubles of a handful of residents of an HOA in Aurora. The complaints range from allegations of unfair late fees to retaliatory board members to inconsistent enforcement of covenants. Management for the HOA responded that the Board of Directors is following the governing documents in a consistent manner and homeowners are invited to address the Board as long as it’s done respectfully.

Unfortunately, these dynamics play themselves out every day in HOAs across the country. But it doesn’t have to be that way! The one thing we know for sure is boards of directors and homeowners must work together to create vibrant, healthy, livable and harmonious communities. Here are examples of how this works:Continue Reading Harmony in HOAs – It’s a Two-Way Street

As we announced in our blog posting earlier today, the Colorado Senate just passed House Bill 11-1124 (“HB 1124”) which will soon be sent to Governor Hickenlooper for consideration. Since we expect the Governor to sign the bill into law, there’s no time like the present to make sure your HOA’s Conflicts of Interest Policy complies with the requirements of the bill.Continue Reading Free Conflicts of Interest Policy Review!

A Florida homeowners association recently took action to shut down a lemonade stand run by children ages five through ten. I remember the misspent days of my youth, sitting on the corner on a sunny summer weekday, wondering why no one in my rural neighborhood stopped by to sample my watered-down Countrytime…

Of course, I had five neighbors within a mile, and they all worked on Tuesdays. It appears the children in Florida have a better business plan – they are selling lemonade in an actual neighborhood. Their association, however, has taken the perspective that such sales are an impermissible commercial activity, prohibited by the association’s governing documents.Continue Reading When Life Gives You Lemons…Talk to Your HOA Before Making a Lemonade Stand

The Colorado Senate just passed House Bill 11-1124 ("HB 1124") without amendments on a 23 to 11 vote.  As we more fully described in our March 22nd blog posting, the bill enumerates the provisions which must be present in the conflicts of interest policy that every homeowners’ association ("HOA") in Colorado is required to adopt.  In addition, HB 1124 requires that an…

The Chicago Tribune recently reported on a story where a woman suffering from panic attacks has brought a lawsuit against her condominium association for violation of federal law. While the story wasn’t clear on exactly what federal law she is claiming the association violated, there’s no doubt that the federal Fair Housing Act (“FHA”) is at issue.

Mary Jo Stevens requested, and was granted, an accommodation to keep her toy spaniel (named "Boo") which she describes as her “psychiatric service” animal to assist in the prevention of frequent panic attacks. The Association, which has a strict “no pet policy,” has permitted her to keep Boo with the following restrictions: (1) Boo is required to be kept in a pet carrier while in the lobby and laundry rooms; and (2) Ms. Stevens must use a service elevator and side doors as she comes and goes with Boo. Continue Reading Lawsuit Against Condo Highlights Complexity of FHA & Assistance Animals

During the 2010 legislative session, House Bill 10-1403 (“HB 1403”) was signed into law by Governor Ritter. The purpose of HB 1403 was to enable the Colorado Secretary of State (“SOS”) to reduce the costs of operations through phasing out postcard notifications and permitting corporations, including nonprofit corporations like homeowners’ associations (“HOAs”), to elect to file …

Whenever you bring two or more people together, there’s always the potential for conflict. Add to this equation a homeowners’ association (“HOA”), assessment delinquencies, foreclosures, financially strapped homeowners and a board facing tough economic decisions that could result in an assessment increase or even the dreaded special assessment. Obviously, under these conditions the potential for destructive conflict escalates through the roof. 

If these challenges existed in your HOA, how would the board and homeowners handle it? Would your association come together as a community or turn into a combat zone? It’s up to everyone in the community to decide.Continue Reading Is Your HOA a Community or Combat Zone?

The Senate Committee on Local Government (“Committee”) today considered House Bill 11-1124 (“HB 1124”) which addresses conflicts of interest for individuals serving on the board of their homeowners’ association (“HOA”) and on special district boards. 

The bill was passed unanimously by the Committee with a favorable recommendation to the full Senate.  In addition, the Committee is recommending that the bill be placed on the Senate Consent Calendar. We expect the Senate will approve HB 1124 which currently contains the following provisions:Continue Reading Conflict of Interest Bill Clears Senate Committee on Local Government

For the purpose of obtaining FHA approval of a condominium project, the U.S. Department of Housing and Urban Development ("HUD") has just announced a waiver on some leasing restrictions in condominium projects.  This waiver will be in effect for a period of one year. 

As you know, when a condominium project applies to HUD for approval for FHA-backed loans, one of the requirements is that at least 50% of the units must be owner-occupied. That means an association must be able to control the rental of units in the project. An obvious way that associations handle this is through rental restrictions contained in the governing documents of the association. Continue Reading HUD Relaxes Leasing Restrictions for FHA Approval of Condominium Projects