Governance

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Late last week, I began posting a series of blog entries focusing on the traits that make a director highly effective in participating in the governance of their homeowners’ association (“HOA”). 

As a reminder, here is the first trait:

 

Trait #1: It’s all about the HOA and not about their personal agenda. 

 

 

A highly effective director understands that he/she has a fiduciary duty to act in the best interests of the association as a whole and is able to put aside his or her personal interests or agenda on any given issue. A high effective director is also able to put the interests of the association ahead of the interests of neighbors or friends. 

 

 

A second, and equally important trait, focuses on the importance of being familiar with and utilizing the governing documents of the HOA.Continue Reading Highly Effective HOA Directors: Trait #2

Serving on the board of directors of a homeowners’ association (“HOA”) is just not easy – especially in these tough economic times. Directors sacrifice countless hours of their personal time to govern their communities and deal with tough issues. Sometimes their hard work is recognized by members of their HOAs and other times they are criticized for their decisions. 

If you have served on the board of an HOA, have advised boards, have observed the work that boards undertake or have interacted with board members, you can probably pinpoint the traits of a highly effective director. Over the next several days, this series of blog entries will focus on the traits that make a director successful in participating in the governance of their association.Continue Reading Highly Effective HOA Directors: Trait #1

As a board member, do you ever feel that you and the remaining board members are on an island alone? Nobody understands what you do, much less appreciates what you do. But, they are more than willing to criticize everything you do, often because it adversely impacts their use and enjoyment of their property. You and the remainder of the board feel overwhelmed by the amount of work there is to be done to run your association. And while the manager can be a tremendous help, you can’t afford to pay them for everything you would like to have done. So what do you do?Continue Reading Appointment and Use of Committees

In my March 30th blog posting, I outlined the documents and other items that must be produced by a declarant to the homeowners’ association within 60 days following transition of the association from declarant to owner/association control. While the declarant clearly has responsibilities to the association following transition, the association subsequently has the responsibility to make “public disclosures” within 90 days after assuming control from the declarant.

The Colorado Common Interest Ownership Act (“CCIOA”), atC.R.S. 38-33.3-209.4, requires an association to make the following information available to unit owners upon upon reasonable notice to the association:Continue Reading Association Disclosures Following Transition

In the past few weeks, I have received several questions relating to the responsibility of a declarant to transition an association it developed to owner control and the responsibility to produce records and other items following transition. Both of these questions are controlled by the Colorado Common Interest Ownership Act (“CCIOA”).

Termination of Declarant Control

 

While a declaration of covenants, conditions and restrictions or a condominium declaration for a new community will normally have specific provisions regarding declarant rights and the period of declarant control over the community, C.R.S. 38-33.3-303(5)(a)(I) addresses the outside limits on declarant control for most new communities (with the exception of large planned communities). In particular, that provision of CCIOA provides that regardless of the period of declarant control outlined in a declaration, declarant control will terminate within 60 days following the earliest of one of these events:Continue Reading Production of Documents by Declarants Following Transition to Owner Control

I love springtime in Colorado! The perennials in our flower beds are popping up, the trees in our yard are flowering and my allergies are truly a gift to behold. However, my love of spring is nothing compared to the how the flower fairies are feeling.

Come on – ADMIT IT – you’ve seen at least one flower fairy in your lifetime! In fact, I have it on good authority from a friendly garden gnome that the wise people have assigned one flower fairy to beautify every yard, patio and balcony located in an HOA in Colorado. Continue Reading Attention Homeowners: Please Control Your Flower Fairies

One of the most common governance questions we receive from HOA boards is whether they are permitted under Colorado law to hold a closed door “working session.” When asked why they want to prohibit HOA members/owners from attending these working sessions, we are inevitably told “homeowners are constantly interrupting us and we just can’t get anything done.”   

The Colorado Common Interest Ownership Act (“CCIOA”), atC.R.S. 38-33.3-308(2)(a), provides in part that “All regular and special meetings of the association’s executive board, or any committee thereof, shall be open to attendance by all members of the association or their representatives. . .” While CCIOA does not specifically define what constitutes a “meeting,” it is safe to say that anytime a board or committee convenes to conduct business, work through HOA issues or make decisions – that constitutes a meeting which the members are entitled to attend. Continue Reading Open Meetings Shouldn’t Be Unproductive Meetings

So you’ve been elected to the Board; you’ve reviewed all of the governing documents (at least, those that you’ve been provided); you faithfully review your board packets in preparation for your regular meetings, you’re well on your way to helping your association conduct its business in a businesslike manner. At your board meeting, a curious owner inquires why her monthly assessments are different than her neighbor’s.Continue Reading Misallocations of Assessments: What’s the Board To Do?

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

My son’s latest obsession is chess. He joined the chess club at school, got a new chessboard, downloaded chess apps to all the electronics he could get his hands on, and started reading strategy books. On a snow day like today, it’s no surprise that we’re spending part of the time playing chess. In the midst of our moves, I can’t help but think how the game of chess translates to the business of community associations. Whether in chess or association decision-making, the following tips come in handy:

Know the moves. Chess involves a finite number of pieces, and the basic moves are easy enough to learn. As a board member, the “pieces” and moves at your disposal are much more numerous and complex. You will need to understand the moves available to you under your association’s governing documents. You’ll also consider what the association’s budget can support, the politics and dynamics of the community, options presented by vendors, and advice from attorneys, engineers, accountants and management.Continue Reading Does Your Association Board Operate Like a Chess Master?