Governance

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1. Review your association’s position on rights and responsibilities. When associations, owners, and residents recognize and take ownership of their respective rights and responsibilities that flow from living within one community, all parties tend to benefit. The Community Association Institute (CAI) provides information on rights and responsibilities and even provides recommendations for implementation. 2.

As we approach the end of 2005, we reflect a little on this past year’s developments, not the least of which was passage of S.B 100. When the year started, and the bill was introduced, many in the common interest community industry assessed the bill and wondered why our legislators felt it was necessary. As it wended its way through both State houses, and ultimately to the Governor’s desk, it gained momentum, seemingly in stark opposition to what many outside of the State houses believed was necessary for mandatory governance of a common interest community. However, there seems to be significant concern with how community associations operate from those outside the industry to cause its passage. Here is an example of why.
Continue Reading Rules – Responsible Governance

Be prepared. We’ve all heard that that is the Boy Scout’s motto. However, it should also be the motto of your community association. We are all witnessing the devastation of Hurricane Katrina on the southern states of our country. And, while hurricanes are not a threat to our fine state, we all know that we have our own types of severe weather.
Continue Reading Is Your Community Association Ready? Be Prepared – September is National Preparedness Month

We have received a number of questions about whether SB 100 limits an Association’s ability (acting through its board of directors) to make changes to its common elements – as an example, can the board change hardscape landscape improvements to irrigated sod? While SB 100 does a number of things, including imposing a number of additional requirements on the association’s board of directors, the simple answer is that it does not restrict the board’s authority to make this type of decision.
Continue Reading SB 100 – Limits on Board’s Authority to Modify Common Elements?

SB 100, which is formally known as the act “Concerning Increased Protection for Homeowners,” may change the way your association handles the rights of owners to participate during association meetings. For purposes of this discussion, there are only two types meetings that are relevant�meetings of owners and meetings of the board of directors.
Continue Reading Members’ Participation Rights After SB 100

Association Boards often contact our office to determine how to deal with a regularly-occurring problem that just doesn’t seem to require or deserve the response that has customarily been given. Understandably, the Board desires to treat each owner fairly and believes that to do so, it must treat each owner similarly. However, the value of a Board of Directors is that it is composed of people who each bring their life experiences and judgment to the position. A Board need not�and in fact�should not treat each owner in an identical manner when the circumstances do not justify such treatment. Instead, the Board should exercise its collective business judgment in a good faith and reasonable manner to treat similar circumstances similarly. This is much different than treating each owner in the same manner.
Continue Reading The Fear of Setting Precedents

Community association Boards have experienced a rash of bad publicity from the local media and from the Colorado legislature. Board meetings of some associations are lasting longer than ever and often contain more strife and animosity. The task of running an association is becoming increasingly complex as well. In some cases, both Board members and owners lose sight of their ultimate goals�to administer the common elements and to promote the best interests of the residents in the community. A general outline of principles may bring the parties’ respective objectives back into focus.
Continue Reading Rights and Responsibilities