From Capitol Hill/Legislation

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This morning, the Denver Post ran a front page story entitled HOA house may get put in order. While the story opens with a sensationalized account of a foreclosure which was not tied to manager misconduct, the story recognizes CAI as the leader in promoting the competent management of community associations in Colorado. As Chris Pacetti was quoted as saying, “We are trying to establish a level of professionalism and performance in the industry.” The article further highlights the need for criminal background checks, training and licensure.   

Brian Tobias, the Senior Policy Analyst at the Colorado Department of Regulatory Agencies (“DORA”) who is conducting the Sunrise review, boiled down the review process as follows: “A key question that the state is asking is whether community association managers cause harm, and, if so, would regulation fix it.” Continue Reading Denver Post Covers Manager Regulation

This at least should be a rule through the letter-writing world: that no angry letter be posted till four-and-twenty hours will have elapsed since it was written. ~ Anthony Trollope

In my life outside of community association law practice, I volunteer with Denver Public Schools (“DPS”). On more than one occasion, my work with DPS, and in other volunteer roles, has allowed me to better relate to the challenges that association board members experience in their roles as community leaders – whether it’s the time commitment, strong emotions, opposing views, an unclear governance model, or thousands of e-mails flooding my inbox, I’ve experienced it.

Most recently, I served as co-chair for a large community committee that participated in a year-long process of monthly, and sometimes weekly, meetings. At the committee’s inception, a member of the general public submitted a Colorado Open Records Act (“CORA”) request to DPS, asking for all documents related to the committee’s work. DPS administration informed me and the rest of the steering committee of this CORA request to make us aware that the contents of our e-mails would get released to the constituent.Continue Reading Association Records: Navigating the Electronic “Paper” Trail

Today House Bill 12-1237 (“HB 1237”) was introduced in the Colorado General Assembly to address the issue of the retention and production of community association records. CAI’s Colorado Legislative Action Committee (“CLAC”) worked with Representative Angela Williams to draft this bill which seeks to provide clarity to management, executive boards and owners on exactly what records must be retained by an association and produced to owners upon request. 

Given the fact that the current records provision of the Colorado Common Interest Ownership Act (“CCIOA”), C.R.S. 38-33.3-317, is the provision that received the most complaints by the HOA Information Officer – introduction of this bill is very timely.

 

HB 1237 is substantially based upon revisions made to a similar provision of the Uniform Common Interest Ownership Act (“UCIOA”) by the National Council of Commissioners on Uniform State Laws. UCIOA is the model act which our CCIOA is based upon. In addition to substantially adopting the revisions made to UCIOA, the bill also inserts key provisions of the Colorado Revised Nonprofit Corporation Act into CCIOA. 

 

Here are some highlights of HB 1237:Continue Reading Bill Introduced to Address Association Records

In response to a Colorado Open Records Act (“CORA”) request, I was provided with the 2011 Annual Report of the HOA Information and Resource Center. This is the long-awaited report that focuses on the activities of the HOA Information and Resource Center (the “Office”) including a synopsis of inquiries and complaints. Below I have outlined just a few interesting points made in the Annual Report. However, to be clear, these are snippets of information and I highly recommend that you review the entire Report for context and a full understanding of the data and related issues. 

Here are just a few of the interesting points made in the Annual Report: Continue Reading 2011 Annual Report Of The HOA Information And Resource Center

In an election year that could easily be plagued by partisan politics and the introduction of divisive legislation, I’m taking my hat off to Representative Angela Williams for working with school children in her district by introducing House Bill 11-1147 to make the Western Tiger Salamander the state amphibian of Colorado. Not only will her young constituents have an up close and personal view of how a bill becomes law, they will also learn firsthand the importance of civic activism.

 

Continue Reading Three Cheers for the Western Tiger Salamander!

As Chair of CAI’s Colorado Legislative Action Committee ("CLAC"), I write a monthly column for  Common Interests magazine which is published by the Rocky Mountain Chapter of CAI.  In Capitol Chronicles this month, I addressed:  (1) the background related to the Sunrise Review Application submitted to the Colorado Department of Regulatory Agencies ("DORA") to investigate the necessity of…

Meet the CFPB

In 2010, Congress created the Consumer Financial Protection Bureau (CFPB) to serve as the nation’s “cop on the beat” to protect consumers from harmful financial products. Officially opened for business on July 22, 2011, the CFPB is now responsible for enforcing most federal financial consumer protection laws.

CAI’s members have a keen interest in the development of CFPB’s rules and regulations that could affect community associations. As a new federal agency, the CFPB is still working to define its approach to protecting consumers from abusive financial products and helping to ensure consumers have the right information to choose the financial products and services that will best meet their needs. While the CFPB’s authority extends from checking accounts to credit cards to payday loans, it also has significant authority over federal housing policy, mortgage lending standards and the home buying process.Continue Reading CAI National Introduces Us To the CFPB

As I have been reviewing legislation that was introduced during the first week of the legislative session here in Colorado, House Bill 12-1057 (“HB 1057”) caught my attention. The bill, as introduced by Representative Claire Levy, seems to be aimed at ensuring that folks carry adequate homeowner’s insurance. Continue Reading Homeowner’s Insurance Bill Introduced in the Colorado House

As I mentioned this morning in an earlier blog posting, data on complaints received by the HOA Information Office during 2011 was published in the Colorado Real Estate News. Again, to be clear, the information published was a synopsis of complaint information and is not the actual report which the HOA Information Officer is soon expected to deliver to the Director of the Division of Real Estate.  However, the information is published by the Department of Regulatory Agencies ("DORA") and here are some items I found particularly interesting:Continue Reading Synopsis of Data on HOA Complaints to the HOA Information Office

Many of us in the HOA industry in Colorado have been anxiously awaiting publication of information regarding the report from the HOA Information Officer to the Director of the Division of Real Estate on complaints received relating to HOAs.  A synopsis of findings of the HOA Information Center on complaints was just published in the Colorado Real Estate News.   …