It’s time for the Rocky Mountain Chapter of CAI’s Spring Showcase! In honor of the Kentucky Derby, the theme this year is Race to Success. Winzenburg, Leff, Purvis & Payne will be exhibiting and we hope you will stop by booth 515 to say hello and to enter a drawing for two Mint Julep Baskets. Come and hang out
HOA transfer fees are getting some attention in the news again this week. In particular, news coverage has focused on demands that HOA property management companies provide invoices for the transfer fees charged to buyers or sellers of properties within HOAs. There is good news for buyers and sellers in HOAs: access to transfer fee information is already available.
What exactly are transfer fees? Colorado statutes address transfer fees in the three following ways that are relevant to HOAs and their members:
- The Colorado Revised Nonprofit Corporation Act expressly authorizes nonprofit corporations to impose transfer fees upon their members unless the articles of incorporation provide otherwise. Most HOAs are formed as nonprofit corporations and have this right to impose transfer fees.
- The real property statutes prohibit certain transfer fee covenants, such as those intended to benefit a person or entity who does not hold an interest in the property burdened by the covenant. But transfer fee covenants for fees payable to homeowner associations are not prohibited and are recognized by statute as valid fees.
- Community association management companies typically contract with the HOAs they manage to charge transfer fees to the buyers or sellers of properties within those communities. The community association manager statutes and licensing rules impose explicit requirements on managers concerning these transfer fees. Those statutes and rules are the good news for buyers and sellers, and all owners, who want to know what transfer fees apply in their HOAs.
So what rights do owners, buyers, and sellers have to access transfer fee information?
As the leader in providing educational opportunities for affordable housing and free market HOAs in Aspen and Pitkin County, the Aspen Pitkin County Housing Authority ("APCHA") will be hosting another free seminar on September 15th entitled: Covenant and Rule Enforcement in HOAs: What Boards and Homeowners Need to Know. Here’s a description for the seminar:…
Winzenburg, Leff, Purvis & Payne is pleased to announce that our good friends and colleagues Kim Porter, Wendy Weigler and Myra Lansky have joined our firm. Kim, Wendy and Myra are accomplished attorneys specializing in the practice of community association law and are outstanding additions to our law practice.
Kim Porter focuses on the transactional side …
For several years now, the Aspen Pitkin County Housing Authority ("APCHA") has been a leader in providing educational opportunities for affordable housing and free market HOAs in Aspen and Pitkin County. It’s my pleasure to teach another seminar for APCHA on June 11th entitled: CCIOA 101 for HOA Boards, Homeowners and Managers: Everything You Need to Know About HOA Meetings
If you live in, serve on the board of or manage…
You’ve probably heard the news by now–an HOA refused to allow Make-A-Wish to grant a young cancer patient’s wish by constructing a playhouse in the girl’s back yard. The reason? Outbuildings are against the covenants. Of course, the HOA ends up taking the heat with press coverage and outspoken support for the sympathetic…
The Division of Real Estate has just announced that the Community Association Manager licensure exam will be available to take on February 1st! Here’s the latest news from the Division of Real Estate:
Community Association Manager Examination Available February 1, 2015
The Division of Real Estate has contracted with Psychological Services, Inc. (PSI), as the…
On Friday, October 23rd, we will be making the move to our new offices located at 8020 Shaffer Parkway, Suite 300 in Littleton, Colorado! In order to facilitate our move, we will not have phone or email service on Friday. While we regret any inconvenience this may cause, we will be back up and running normally…
Our law firm is moving to new offices this month and we promise to take you with us! Beginning on Monday, October 27th, our new address will be:
Winzenburg, Leff, Purvis & Payne
8020 Shaffer Parkway, Suite 300
Littleton, CO 80127
Our telephone number will remain the same – (303) 863-1870
On Friday, October 24th…
We all know that everybody hates their homeowners association – or do we? Many people might be surprised, particularly those who do hate their associations and think that everybody thinks the way they do, and maybe our state legislators, who tend to hear the complaints but not the good stories. Whatever the case may be, apparently not everybody hates their homeowners associations – far from it.
A recent survey conducted by Public Opinion Strategies finds that 90% of people rate their overall community association experience as positive; 90% of people say the association’s board members "absolutely" or "for the most part" serve the best interests of the community; 92% say they are on friendly terms with their association boards; 83% say their community managers provide value and support to residents and their associations; 88% of residents who had direct contact with their community manager say it was a positive experience. Here is a copy of the survey results.