Mark your calendars!  Winzenburg, Leff, Purvis & Payne, LLP is pleased to announce the Warehouse Lecture Series.  On May 4, 2017, May 11, 2017, and June 16, 2017, WLPP will hold classes designed to help managers obtain credits they may need to complete their DORA Continuing Education requirements, as well as to help Board members better understand community association governance and operations.  The May 4 and June 16 classes will be held at our offices in Ken-Caryl.  Our class on May 11 will be held in Aspen.
Continue Reading WLPP CAM Continuing Education Classes

All the media and legislative talk of construction defect litigation and its impact on condominium construction in Colorado may seem like discussion that does not impact existing communities. But the changes to state and local laws concerning construction defect litigation do affect existing communities by creating owner notice and vote requirements that, in some cases, apply to construction undertaken by associations long after initial development of their communities. The impact of these requirements on communities will likely play out over time as defects occur and associations seek remedies.

While associations cannot unilaterally change the controlling laws, associations can take proactive steps when contracting for new projects. In particular, associations need to know how the potential for construction defects may affect insurance coverage on projects that associations contract to complete on their own. Did you know that many contractors’ insurance policies exclude multi-family housing projects from coverage?Continue Reading Construction Defects and Insurance: Proactive Steps To Protect Your Community

On January 20th, Representative Kevin Van Winkle (R) introduced House Bill 17-1112 (HB 1112) which would provide immunity from penalties for individuals who engage in the unauthorized practice of a profession regulated by the Department of Regulatory Agencies (DORA), like a realtor engaging in the unauthorized practice of community association management, under the following circumstances:

Continue Reading Bill Introduced Granting Limited Immunity for Unauthorized Practice of Community Association Management

As I mentioned in my blog entry kicking off the 2017 legislative session in Colorado, 8 to 10 bills relating to construction defects and the construction of affordable housing are expected to be introduced this session.  In my January 12th blog entry, I reported on the bipartisan introduction of SB 45 which is intended to reduce

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Senator Bob Gardner (R) has introduced Senate Bill 17-078 ("SB 78") to address the taxation of "residential storage condominium units."  If my memory serves me well, this is the third time this bill has been introduced in the Colorado General Assembly.  Will the third time be a charm? 
 
This bill is pretty simple and isn’t something

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On the first day of the 2017 legislative session in Colorado, President of the Senate Grantham (R) and Speaker of the House Duran (D) introduced Senate Bill 17-045 to require courts to allocate defense costs in construction defect claims when more than one insurer has a duty to defend.  Senator Angela Williams (D,) a longtime advocate

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The 2017 legislative session opens today in Colorado! For those of you who are political junkies, following the recent elections, here is what you need to know about the makeup of the Colorado House and Senate:Continue Reading 2017 Colorado Legislative Session Promises Focus on Construction Defects

As many of you know, the association is entitled to collect a super lien payment from a foreclosing lender when a property enters into public trustee foreclosure. The super lien amount consists of up to six months of regular assessment charges that came due prior to the filing of the foreclosure. This is a monetary threshold rather than a requirement that there be six months of unpaid assessments due.  For example, if an association had monthly dues of $100.00, a super lien could be claimed for $600.00 so long as the account ledger showed this balance as due. The balance could be comprised of any combination of assessments, late charges, interest, legal fees or other charges.

Continue Reading The Importance of Monitoring Foreclosure Sales

Be Thankful

Be thankful that you don’t already have everything you desire.  If you did, what would there be to look forward to?

Be thankful when you don’t know something, for it gives you the opportunity to learn.

Be thankful for the difficult times. During those times, you grow.

Be thankful for your limitations, because…

Is your association increasing, or even decreasing, its annual assessment fees for 2017? If so, it is important that the association follow its governing documents when providing notice of the change to all owners.   In addition to providing owners with proper notice of any change, the association should also notify its attorney. This will help to ensure…