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Governor Hickenlooper signed SB13-126 into law today, requiring community associations to permit owners to install Type 1 and Type 2 electric vehicle charging stations on their lots and on limited common elements designated for an individual owner’s use. SB13-126 adds Section 106.8 to the Colorado Common Interest Ownership Act and states the following reason for the legislation:

The primary purpose of this section is to ensure that common interest communities provide their residents with at least a meaningful opportunity to take advantage of the availability of plug-in electric vehicles rather than create artificial restrictions on the adoption of this promising technology

By M.O. Stevens (Own work) [GFDL (http://www.gnu.org/copyleft/fdl.html) or CC-BY-SA-3.0-2.5-2.0-1.0 (http://creativecommons.org/licenses/by-sa/3.0)], via Wikimedia CommonsContinue Reading Get Charged Up! Electric Vehicles Coming to a Neighborhood Near You

I’ll admit it, I’m something of a Grinch.  I’m just not very good at putting up the holiday decorations that so many other people do so well.  My neighborhood is having a holiday light competition.  I haven’t managed to put up any lights, but if I were to put up anything, it would look like the house on the right:

The Armstrong family of Wellington’s house would look more like the one on the left – if they decided to go "low key."   The Armstrongs have a tradition of an extraordinarily elaborate display, combined with holiday cheer for passersby and charitable giving for those less fortunate.  The Fort Collins Coloradoan recently reported on their struggle to keep their light display in spite of their homeowners association’s objection.Continue Reading How to be a Grinch

I recently worked with a client who had purchased a property at the sheriff’s sale on a homeowners association lien.  We frequently take properties through this kind of judicial foreclosure, and so from my perspective, everything was pretty cut and dry.  The client had a lot of questions, and I found myself discussing some basic rules of real property law.  Today, I found this article about a purchaser of a property foreclosed on by an HOA, and decided it might be appropriate to set out some general information about liens and the effect of foreclosure.Continue Reading Foreclosures and Liens – Some Basics

After the shooting of Travon Martin in February, association lawyers discussed the possibility that the Retreat at Twin Lakes Homeowners Association could face liability for the actions of George Zimmerman, a member of the HOA’s neighborhood watch.

It appears that Martin’s family will be making a claim against the HOA’s insurance policy, asserting they are owed at least $75,000.00.  This indicates the Martins may intend to file a federal court suit against the insurance company.  The policy’s limit is $1,000,000.00, but the big issues will be whether the policy provided coverage at the time of the shooting, and whether it covers the shooting at all.Continue Reading After a Tragedy, the Inevitable Search for Deep Pockets

The Denver Post ran a Guest Commentary this morning from Chris Pacetti the Co-Chair of the Manager Licensure Task Force of CAI’s Colorado Legislative Action Committee ("CLAC"). The Guest Commentary outlines the reasoning behind the submission of the Sunrise Application for manager licensure and makes the case for the regulation of community association managers. 

We expect…

On Sunday, the Denver Post ran a story addressing the impact of FHA certification of condominium projects on the sale of units in those projects. The story, entitled Condos’ lapsed approval may slam door on future sales, touched on just a few of the challenges condo associations are facing in obtaining certification – including assessment delinquencies and the number of owner-occupied units.   

Following the meltdown of the real estate market, HUD undertook an overhaul of the requirements that condominium associations must comply with in order for their condo projects to become FHA certified. This certification makes it possible for some purchasers of units in those associations to qualify for FHA-backed loans. Continue Reading Denver Post Covers Impact of FHA Certification on Condo Market

Merry Christmas and Happy Holidays from everyone at Winzenburg, Leff, Purvis & Payne!

On the first day of Christmas my HOA gave to me written approval for my pear tree.

On the second day of Christmas my HOA gave to me, two pooper scoopers and written approval for my pear tree.

On the third day of Christmas my HOA gave to me, three French drains, two pooper scoopers and written approval for my pear tree.Continue Reading The Twelve Days of Christmas – HOA Style

Winzenburg, Leff, Purvis & Payne (“WLPP”) is proud to announce that Mark Payne has been admitted to the CAI College of Community Association Lawyers (“CCAL”). As the only new member of CCAL from Colorado, Mark joins a prestigious group of CAI member attorneys who have distinguished themselves through contributions to community association law and who have committed themselves to high standards of ethical conduct.

Admission into CCAL is challenging and requires a commitment to the practice of community association law and the association industry. Here are just a few of the requirements which must be met for admission to CCAL:Continue Reading Mark Payne Admitted to the College of Community Association Lawyers