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Solar Panels in HOAs

No, although whether an HOA can restrict or prohibit an Owner from installing Solar Panels is dependent on whether the HOA is made up of single-family homes, townhomes, or condominiums. CCIOA only addresses Solar Panels by inference at CRS 38-33.3-106.5(1.5) by stating that “an association shall not effectively prohibit renewable energy generation devices, as defined in section 38-30-168.”

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FHA and ADA Pet Compliance

FHA and ADA Pet Compliance Does that person really need a dog? The Fair Housing Act (“FHA”) and the American with Disabilities Act (“ADA”) both have statutory exceptions to pet restrictions in housing facilities. It is a widely known fact that Association pet restrictions do not apply when the pet is a certified service animal (i.e. a seeing-eye dog, or a seizure-detecting dog), however, it is less well known that there are also similar protections for emotional support animals.

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Xeriscaping in Common Elements

On March 7, 2019 Colorado Governor Jared Polis signed into law an amendment to Colorado Revised Statute 38-33.3-106.5. The amendment concerns the promotion of water-efficient landscaping on Association property. While it was already official CCIOA policy to encourage the use of Xeriscaping on land owned outright by a homeowner, this recent amendment to the statute permits a homeowner to Xeriscape on a portion of the common elements under the homeowner’s care.

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Receiverships

Find someone to fill that pesky vacant unit! A Receivership is an equitable remedy that permits an Association to collect delinquencies by renting the property through a third party, also known as a Receiver. In a Receivership, a court approves a Receiver to act as a landlord, or property manager, of a vacant or tenant occupied property. The Receiver ensures the property is ready to rent, then finds a tenant. The tenant pays rent. The rent goes to paying the Receiver, then to the delinquency, then to any other dues owed. Lastly, whatever remains goes to the homeowner.

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Connor Wilden
Loss Assessment vs. Special Assessment

A common question is whether a special assessment is covered by loss assessment insurance and to what extent. In sum, all loss assessments are special assessments, but not all special assessments are loss assessments. In general, a special assessment is a tool in an Association’s arsenal to cover maintenance expenses which are generally greater than what is available in the Association’s reserve funds. Typically, an Association’s Declaration will set forth the procedures and limitations for levying special assessments and these assessments are not covered by loss assessment insurance.

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CCIOA Mandatory Disclosures Prior to Legal Collection Procedures

As you already know, in 2014 additional requirements were added to CCIOA’s collection process, including the sending of a notice of delinquency prior to transferring to an attorney for collection – a step which sometimes lacks all of the statutory requirements. When a property owner has fallen behind in assessments or has any fees against the property, CCIOA requires that, before the property owner’s file is sent to an attorney for collection, the Association must give the property owner a notice of delinquency, which must include…

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State Mandated Policy for Storing Personal Identifying Information

Effective September 1, 2018, Colorado Revised Statute § 6-1-713 requires “covered entities” to comply with new rules regarding the security and disposal of Personal Identifying Information, e.g., social security numbers, tax identification number, passwords, passcodes, driver’s licenses and numbers, etc. Management Companies and Homeowners Associations that handle Personal Identifying Information should adopt a policy with the following provisions…

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Connor Wilden
Privacy Policies & Statutory Obligations

Effective September 1, 2018, Colorado Revised Statute § 6-1-713 requires “covered entities” to comply with new rules regarding the security and disposal of “Personal Identifying Information.” Any entity in the course of business, vocation, or occupation that maintains, stores, or processes Personal Identifying Information is a “covered entity” and must comply with the statute. 

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