Be prepared. We’ve all heard that that is the Boy Scout’s motto. However, it should also be the motto of your community association. We are all witnessing the devastation of Hurricane Katrina on the southern states of our country. And, while hurricanes are not a threat to our fine state, we all know that we have our own types of severe weather.
Continue Reading Is Your Community Association Ready? Be Prepared – September is National Preparedness Month

We have received a number of questions about whether SB 100 limits an Association’s ability (acting through its board of directors) to make changes to its common elements – as an example, can the board change hardscape landscape improvements to irrigated sod? While SB 100 does a number of things, including imposing a number of additional requirements on the association’s board of directors, the simple answer is that it does not restrict the board’s authority to make this type of decision.
Continue Reading SB 100 – Limits on Board’s Authority to Modify Common Elements?

Some Colorado community associations have been burdened for many years by declarations that require unattainably high vote requirements for amendments. Some of these documents not only require a high percentage of votes from members, but may also require the assent of first mortgagees in order to effectuate any changes to the document. Any association that has attempted to garner consents from mortgagees knows that this feat is nearly impossible.
Continue Reading Declaration Amendment Simplified by SB 100

SB 100, which is formally known as the act “Concerning Increased Protection for Homeowners,” may change the way your association handles the rights of owners to participate during association meetings. For purposes of this discussion, there are only two types meetings that are relevant�meetings of owners and meetings of the board of directors.
Continue Reading Members’ Participation Rights After SB 100

Let’s face it. Colorado has a drier climate than, say, Florida. We live in a semiarid state and throughout history it has seen its share of droughts. Legislators certainly had this in mind when they passed S.B. 100 which, in part, stifles the ability of associations to prohibit or limit Xeriscape.
Continue Reading Xeriscape: Rocks, Wood Chips, and Cacti? Absolutely Not.

Even though no major elections are scheduled for 2005, as early as mid-September, Coloradoans may see more evidence of ballot issues and party candidates than in recent years. Section 2 of Senate Bill 100 opens the door for homeowners living within community associations to display political signs on their property up to forty-five days before an election and seven days following the day of the election. This new addition to the statutory mandates for community associations allows an association to regulate the size and number of political signs that an owner displays only if a city, town, or county ordinance also regulates political signs on residential property. If an ordinance exists, the association may not create more restrictive policies for its owners concerning political signs. If no ordinance exists, an association can only limit the number of signs that an individual owner places on her property to one sign per office or ballot issue contested in the pending election. But, where no ordinance controls, an owner cannot place signs larger than three feet by four feet on his property. Many Colorado cities, towns, and counties either do not have political sign regulations or have broad regulations that place few restrictions on the number and size of political signs permitted.
Continue Reading Political Landscaping

In a recent decision, the Colorado Supreme Court has affirmed the authority of Associations to seek damages from subcontractors for defective construction. The HOA filed a lawsuit against the developer, the contractor and various subcontractors for defective construction of the project. The HOA settled with the developer and general contractor before trial. The trial court dismissed the negligence claim against the subcontractors before trial.
Continue Reading HOMEOWNER ASSOCIATIONS WIN STANDING AND RIGHT TO SUE SUBCONTRACTORS

Now that SB 100 has been law for a month, we, and you, are able to start comprehending its many changes to the way community associations have historically done business. For the full text of the law as approved by Governor Owens, click here. One of the most significant changes has to do with the collection of attorneys fees from members that violate the association’s governing documents.
Continue Reading SB 100 – Restrictions on Automatic Collection of Attorneys Fees

Everyone, except those lucky few who have been vacationing in the tropics for the last several months, knows that SB 100 is now law. Good or bad, or both, SB 100 will require some adjustment to most associations’ practices. To understand SB 100, one must understand the relatively short text of the amendments but also…