Small but important updates have recently been made to two bills, the first is SB22-059: Proxy Expiration Dates, which requires a proxy to terminate eleven months after its date unless, the proxy itself indicates an earlier termination date, and the second is HB22-1040: Common Amenities, which requires Associations to give electronic or written notice to each unit owner as soon as reasonably possible…

Homeowner Associations (HOA) must keep records of when notices are mailed, emailed, texted or posted. This needs to include time, date, manner, etc. On a monthly basis, the Association must send, at the Association’s own expense, to each Owner with a delinquent account an itemized list of all assessments, fees, fines, and charges owed. This monthly notice must be sent via…

When an Owner becomes delinquent, and the file is transferred to the attorney for collections, the Owner should begin sending their checks to the law firm for processing. However, many Owners will still send their checks to the management company, which can cause issues for the HOA if the check is not first closely inspected to ensure that it can be deposited.

While a proposal/bid can be signed in order to start the process of retaining a contractor, a proposal alone is not a proper contract because it doesn’t include all the elements of a contract.While a proposal/bid can be signed in order to start the process of retaining a contractor, a proposal alone is not a proper contract because it doesn’t include all the elements of a contract.

As managers and board of directors know, associations are required to follow the collection policy for each association. The association’s collection policy is the document that outlines the process for how collections are handled. Each policy will outline how many Notices are sent prior to an owner’s account being turned over to legal counsel.

WesternLaw Group is excited to announce the addition of Carmen Stefu to our great team in the position of Director of Marketing & Client Relations. Carmen will be available to help our HOA clients through her unique perspective of having managed Community Associations, having owned a management company and having widespread interactions in HOAs.

In simplest terms, a fiduciary duty is considered the highest standard of care and, if a Board Director breaches one of the fiduciary duties, they can be found personally liable for that breach, although CCIOA does not hold Directors liable for actions or omission in performance of their duties except for wanton and willful acts or omissions.

A very important responsibility of an HOA Board is to provide services and maintenance to the community, which are paid solely from assessments or special assessments. However, some HOA Declarations contain a cap on how much assessments can be raised each year without membership approval.

The Colorado Common Interest Ownership Act (“CCIOA”) requires that all HOAs adopt specific policies (C.R.S. § 38-33.3-209.5). Furthermore, the Colorado legislature also enacted a statute requiring many companies to adopt a policy regarding the storage and protection of homeowners’ personal identifying information, which HOAs also must comply with.

Two new House Bills which directly impact HOAs were signed into law on July 2, 2021, one limiting restrictions on signs and flags, and one clarifying landscaping, e.g, non-vegetative turf, and renewable energy requirements, e.g., solar panels, etc. These changes will take effect on September 2021 unless referred to the people for a vote.

HOAs and the Boards have the responsibility to manage their Association’s amenities, which may include a pool. We recommend consulting with the HOA’s legal counsel and insurance agent to determine if the Boards should open the pool in 2021. If your Board votes to open the pool, here are some state and local government requirements and recommendations.

When notices from the H.O.A. prove unsuccessful in recovering delinquent assessments, transferring collections to a law firm is likely the next step. However, there is a prerequisite that must be fulfilled prior to the transfer, and there are certain documents and information that should be sent to…

As you may be aware, Senate Bill 20-211 (“SB 20-211”), which put restrictions on certain collection actions, expired on February 1, 2021. However, these restrictions were extended by Senate Bill 21-002 (“SB 21-002”) signed into law on January 21, 2021. Like its predecessor…

There may be times when an HOA Board may be in a situation where it needs to enter a condominium or townhouse Unit in their community. The Board does not have unrestricted access to the Units in their community, and the limits and the authority to enter a Unit are governed by the HOA’s Declaration.

What if, during your annual meeting, an Owner who is delinquent or not in good standing is nominated for a vacant Board position? Can this Owner run for a Board position? Or are they prohibited for lack of good standing? The answer may surprise you.

Many HOAs are hosting their required annual meetings towards the end of the year. In addition to the stress of making sure such meetings run smoothly, Boards and managers have to also navigate annual meetings during the COVID pandemic.

As the Colorado Legislature’s Regular Session closed for the year, two HOA related bills were passed into law, and another bill was put on hold. Read on for a summary of the new changes these laws will introduce into the realm of HOAs and managing companies.

Many times, Homeowners express their passions and interests in the form of signs and/or flags on their property. However, HOAs are sometimes asked to restrict signs and flags that are controversial or politically charged. Legally, some signs and flags cannot be prohibited under Colorado law, although HOAs are given discretion to restrict the number, size, and length of time such items can be displayed.

Senate Bill 20-211 was just signed into law on June 29, 2020, and puts temporary restrictions on debt collectors pursuing certain debt collection actions. The law prohibits a debt collector from taking “Extraordinary Collection Actions” if certain prerequisites are not met.

HOA Boards have the responsibility to manage their HOA’s amenities. Due to the ongoing pandemic, many HOAs find themselves in the unique position of having to close amenities for health safety reasons or regulate how their amenities can be used by the Owners, in compliance with city, state, and federal health guidelines during the pandemic.