Commonly Asked Questions and Answers:

Below you will find a list of some commonly asked questions and answers regarding an Association’s rights in the collection of unpaid assessments.  Please clink the link below each question to continue reading the previously posted article that discusses each answer in depth.

 What are some of the options an Association has to enforce its covenants to collect unpaid assessments?

When considering the various options available to an Association, the first thing a Board should do is consult their governing documents. Typically the Association’s Declaration will specifically stateContinue Reading Commonly Asked Questions and Answers

We occasionally receive calls from distressed board members or managers when individual community members take steps to amend an association’s governing documents without going through a board process. Usually, a packet arrives in the board member’s or manager’s mail at the same time everyone else in the community gets the proposed amendment. This type of owner-initiated document amendment drive can result in substantial expense and, if not handled properly, can leave the association with vague, poorly drafted documents that make governance close to impossibleContinue Reading The Owner-Initiated Document Amendment

We routinely receive questions related to fair housing issues in common interest communities. Many community association directors and community association managers are aware that both the federal and state Fair Housing Acts prohibit discrimination against certain protected classes of persons in the provision of housing and services related to housing. One of the protected classes is handicapped persons. According to the Fair Housing Act, discrimination includes: (a) a refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises; and (b) a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling.Continue Reading The Fair Housing Act – The Handicapped Person; Reasonable Modifications and Reasonable Accommodations

 Social media sites like Facebook and Twitter are becoming more common methods for American communications. Sites that were once reserved for college students are now used by parents, grandparents, businesses, and movements to keep in touch and disseminate information. Many homeowners associations and condominium associations have joined the new media revolution, with varying degrees of success.

Facebook and Twitter can allow users to customize who can see information posted. While most association governing documents are matters of public record, if an association wishes to post other information, like meeting minutes or budgets, it may wish to limit access to association members. Any association that intends to make full use of the communications aspects of social media should take care to ensure that the site or page is regularly reviewed to grant access to members.

 Continue Reading The Use of Social Media in Association Governance

Earlier in this legislative session, we wrote about proposed new legislation, Colorado H.B. 1278, that was going to create an HOA Ombudsman as a State of Colorado employee. The earlier version of the bill required the Ombudsman to be an advocate for the rights of unit owners in their communities and offer to mediate disputes, but would not purport to give legal advice to any party; act as a clearing house for information concerning the rights and duties of unit owners, declarants, and unit owners’ associations under CCIOA; report suspected violations of the new law or rules of the Division of Real Estate; and report other suspected violations of law to the appropriate authorities.          

The proposed law went through many iterations, but was finally passed on third reading by both the Senate and House last week, and was sent to the Governor’s desk for signing. Assuming that the bill is not vetoed, it will become effective on January 1, 2011. On its journey, the bill was winnowed down to remove the advocacy provisions, and instead of creating an Ombudsman to advocate for everybody, now creates within the Division of Real Estate an HOA Information and Resource Center, the head of which will be the HOA Information Officer.Continue Reading An Ombudsman For Everyone? Apparently Not

In today’s tough economic times, many associations are struggling to pay their expenses due to several delinquent homeowner accounts and, oftentimes, overlook the importance of enforcing their covenants.

The board of directors for an association has a fiduciary obligation to ensure that homeowners are complying with the covenants contained in the governing documents. Covenant enforcement…

While this may not seem such a big deal to many of our readers, – read: nonlawyers -, HOA lawyers have a very difficult practice. Not only is it important to be well versed in the major areas of the practice, such as Real Estate, Colorado Common Interest Ownership Act, Corporation and Non-Profit Corporate Acts, Contracts, Litigation, especially Collections, but also knowledgeable in other areas to seek expert advice to make sure the client receives the best and most accurate information. Examples include laws regarding fair housing, employment, bankruptcy, taxes and other esoteric areas.

With all the new laws being passed directly involving HOA’s (see Mark Payne’s most recent posting) and those affecting HOAs indirectly, it is important to be aware of situations that may have impact how we attorneys offer advice.

Last year Congress passed Public Law 111-22, Title VII –Protecting Tenants at Foreclosure Act, effective May 20, 2009. The law was passed to protect bona fide tenants against immediate evictions by the successor in interest of “any foreclosure on a federally-related mortgage or loan or on any dwelling or residential real property after the date of the enactment [May 20, 2009]…” The law appears to focus on public trustee foreclosures on mortgages covered under federal law. But, because of the inclusion of “…or on any dwelling or residential property after the date of enactment…,” I would interpret the intent of “or” to include all foreclosures on dwellings and residential real property with or without it being a “federally-related mortgage,” – including HOA lien foreclosures as well.

 Continue Reading Protecting Tenants under Foreclosures

Like the changing of seasons, our legislature has returned, and with it, numerous ideas on how our lives can be better regulated. Over the last several years, we have had several legislators who take a particular interest in the operations of homeowners associations. They have an interest in protecting what, in their minds, are under-represented homeowners.

Along those lines, this year Representatives Ryden and M. Carroll have introduced HB10-1278, which, if passed, will create an HOA ombudsman in the Colorado Division of Real Estate. The HOA ombudsman would be appointed by the Executive Director of the Colorado Department of Regulatory Agencies. The ombudsman would be required to have at least five years of experience working with issues arising under the Colorado Common Interest Ownership Act (“CCIOA”), or in the operation or management of associations as either an attorney, accountant, a member of an executive board or any combination thereof.Continue Reading The Legislature In Session – An Ombudsman for Everyone

 

             The Colorado  Supreme Court held that the non-developer owner of a parking space did not receive an unrestricted title that would allow it to sell the space to a third party non-condominium owner B.B. & C. v. Edelweiss Condominium, 218 P.3rd 310 (Colo. 2009)Continue Reading https://www.cohoalaw.com/what-the-courts-say/161/