For those of you who follow our Colorado HOA law blog, you know that last week I started a series of blog entries aimed at providing tips on how to constructively manage conflict in HOAs. I’m convinced that if homeowners, board members and managers keep these tips in mind, it will give everyone involved a real chance at resolving conflict before things get out of hand. 

Tip #1 from last week, was “Be real about what is bothering you.” Here is Tip #2 for your consideration:Continue Reading Constructively Managing Conflict in HOAs: Tip #2

You are probably no stranger to conflict if you have served on the board of, managed or lived in an HOA. We all assume that conflict is bad and something that should be avoided at all costs. In fact, I don’t know many folks who are actually comfortable with directly facing conflict. However, when handled properly, conflict in the HOA setting can actually be a blessing in disguise. Conflict can bring issues out into the open to be constructively reviewed and resolved. 

For conflict to be handled appropriately, both boards and homeowners must do their part. This series of blog entries will focus on important steps both parties should take when dealing with conflict. So here we go:

Tip #1: Be Real About What Is Bothering YouContinue Reading Constructively Managing Conflict in HOAs: Tip #1

Lately I have been running into folks who have had a lot to say about how boards of HOAs are enforcing use restrictions in the declarations for their communities (commonly referred to as "covenants") and the rules and regulations which I will refer to as the "rules."  While there are always two sides to every story, I thought it would be useful to to address some basic concepts which every board should be aware of when dealing with enforcement issues.   So here we go:

1.  Boards have a fiduciary duty to enforce the use restrictions in the declaration for their HOAs and the rules.  Owners have a legal obligation to comply with the use restrictions and rules.

2.  While Boards have the duty to enforce use restrictions and the rules, boards also have the authority under Colorado law to examine the unique circumstances behind particular violations and to exercise their reasonable business judgment on a case by case basis to determine whether to enforce or how far they should go with enforcement.    

3.  As a general rule, board members are also homeowners in their associations.  That means the board members also have a legal obligation to comply with the use restrictions and rules.   Compliance for board members is not optional!  In fact, if board members are not in compliance, how can they expect to require or enforce compliance from other owners?  Also, board members should be careful not to inappropriately give preferential treatment to their neighbors, family or friends. 

4.  Boards do not have the authority to levy a fine against an owner for a violation unless they first give that individual notice of the alleged violation and an opportunity for hearing to determine whether the violation occurred. Continue Reading Basic Enforcement Concepts for HOA Boards

Earlier this week, I was asked by the Alternative Dispute Resolution Section of the Colorado Bar Association to participate in a luncheon conversation about the use of mediation in HOA disputes.  We talked about the types of disputes which can occur in HOAs and the importance of mediators understanding the role of the governing documents and Colorado law in the HOA context.  However, I found the experiences shared by mediators…

Jase Robertson, a star of the hit show Duck Dynasty, got a bit sideways with his HOA for burning leaves and keeping chickens in his yard. As you might expect, Jase was sent covenant violation letters and seems to have been fined for these violations. 

In an attempt to “flush these rules down the commode” and get "creative,” Jace and members of his family (armed with a casserole) attended a meeting of their HOA Board to discuss the issue. When his time came to speak, Jase stated that: “We are endowed by our creator with certain unalienable rights – life, liberty and the pursuit of happiness. Chickens make me happy. They get insects. They fertilize your yard and if anything goes wrong, you can put them in a pot!” 

The Board President calmly and professionally informed Jase that when he bought his home he signed a document stating that they are not allowed to burn leaves in their yard or keep chickens. Jase, understanding the governing documents of his association covered these issues, stated: “They got me. I signed the contract. I didn’t know that was in there.”

//www.youtube.com/embed/uMTTpi5KmKkContinue Reading Does a Casserole Cure a Covenant Violation?

 Does your Board record its meetings, either with audio recordings or video recordings? Do you allow members who are present to record meetings? Do you know? Do you care?

With all the discussion and action in recent years focused on transparency of association operations, it might seem like recording meetings, or allowing them to be recorded is consistent with notions of transparency. However, that is often not the case. When your association has not thought about this topic, too often the result, when the Board discovers that a member is recording the meetings, is uncertainty, and then the call to the association’s lawyer’s office to find out what is allowed, not allowed, and what can be doneContinue Reading Recording Meetings – Should We or Should We Not?

If you have followed my summertime blog entries over the past couple of years, you know that I love dogs! In fact, my husband and I are the proud parents of a lab and two adorable beagles. While I love dogs, I have to tell you that I DO NOT love dog poop. Frankly, it’s fair to say that one of my pet peeves is when dog owners are not responsible and do not pick up after their canine kids.

Lily and Finnegan are always responsible poopers!Continue Reading Let’s Start a Poop Patrol Revolution!

Today is Flag Day and the 238th birthday of the United States Army!  There is no question in my mind that the vast majority of HOAs in Colorado recognize the importance of allowing residents to express their patriotism by displaying the American flag and service emblems.  However, as we observe Flag Day and prepare for the July 4th holiday, now is a great time to remind HOAs about applicable Colorado law.  Here’s what you need to know:      Continue Reading Happy Flag Day!