Western Law Group, LLC
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Law Articles

Law Articles

The Value of an Answer

Occasionally, we are asked questions by board members or property managers who place a restriction on us: “I only want an answer if it is free.”At WesternLaw Group, we appreciate that Associations run on a tight budget. The Association operates by and through its Board of Directors, who have a fiduciary duty to the Owners to manage the Association’s affairs in an economic manner.

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John HoltComment
Amending Governing Documents

WesternLaw Group is frequently asked to draft amendments for an association’s governing documents – most commonly, amending the Declaration, Bylaws or Rules. In many such instances, our response is that a total rewrite would better meet the community’s goals. Below are some of the items we look for in determining if a rewrite is a more appropriate action than applying a “band-aid amendment”.

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John HoltComment
June 2013 Legislative Update

With the close of the Colorado Legislative session, several HOA related-bills have now been signed by Governor Hickenlooper, which will soon take effect into the current law.  Below is a brief synopsis of the relevant legislation.

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John HoltComment
Pros and Cons to Obtaining FHA Condo Approval

60% of new home buyers intend on using an FHA Loan. If your community does not have FHA condo approval, the potential buying pool of home buyers is potentially cut down by as much as 40%.  Not only does FHA approval increase the number of prospective buyers, it may increase home value and marketability of the homes in the community. 

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John HoltComment
Post Sheriff’s Sale: Association as Property Owner

Prior to a sheriff’s sale on a judicially foreclosed property, the Association places a bid on the property, generally in the same amount as the balance due from the previous Owner (including default assessments, and costs and fees associated with the action). The Association likely hopes that it will be outbid at the foreclosure sale, in which case the winning bidder is required to pay the balance due to the Association.

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John HoltComment
An Overview of the Judicial Foreclosure Process

n the instance of an Owner delinquent on paying association assessments, the Board of Directors has a variety of methods to attempt to recover such assessments. While the methods may vary by the specific declaration of the association, common remedies include repayment plans, bank garnishments, wage garnishments, receivership and judicial foreclosure.

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John HoltComment
E-Mail And HB12-1237: What Board Members Need To Know

House Bill 12-1237 (“HB1237”) will take effect on January 1, 2013. The new bill attempts to clear up ambiguity about association records, retention periods, and disclosure and inspection requirements. We have been working closely with boards and property managers to make sure that our clients are compliant as of January 1st.

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John HoltComment