News and Legal Updates

  • New Harassment Rules Added to Fair Housing Act

    HUD recently issued its final rules regarding quid pro quo (“this for that”) harassment and hostile environment harassment under the Fair Housing Act.  The Fair Housing Act prohibits housing discrimination based on race, color, national origin, religion, sex, disability and familial status.  Although community associations do not typically consider themselves to be “housing providers,” the Fair Housing Act applies to associations and plays a role in how the community relates to its res ...

    by Lauren C. Holmes
    Wednesday, 02 November 2016
  • FHA Proposes Rule Restricting Reverse Mortgages in Super Lien States

    Recently proposed changes in FHA lending programs and guidelines could have drastic effects for 22 states (including Colorado) and the District of Columbia. The proposed reforms would restrict owners’ eligibility for Home Equity Conversion Mortgages (i.e., reverse mortgages) in states where community association liens are provided “super lien” status. If enacted, the revised rule states that “as a condition for a HECM to be eligible for loan assignment, that the HECM mortgage be in a lien status ...

    by Aaron Goodlock
    Wednesday, 29 June 2016
  • Radio Tower

    Compromise Reached on Federal Amateur Radio Bill H.R. 1301

    In the waning days of May, CAI and HAM Radio Lobbyists worked with together with Federal Legislators to reach a compromise on H.R. 1301 concerning outdoor amateur radio antennas and services in residential communities. The revised bill requires the FCC to enact rules prohibiting private land use restrictions, including restrictive covenants found in almost every declaration, banning installation of outdoor antennas on property exclusively owned by an amateur radio licensee or which otherwise pre ...

    by Kelly Morrow
    Tuesday, 21 June 2016
  • CD Reform is Dead Again, So What’s Next?

    After negotiations collapsed last week over proposed statewide construction defect legislation, the future of construction defect reform remains to be seen. What is clearly evident, however, is that many cities and local municipalities are not afraid to take matters into their own hands. But how effective are local ordinances? In a recent decision, City of Fort Collins v. Colorado Oil and Gas Association, the Colorado Supreme Court affirmed that state law prevails over conflicting local laws in ...

    by Aaron Goodlock
    Monday, 16 May 2016
  • Unmatched Property Damage Exclusion

    Recently we learned that a nationwide property insurer has adopted an additional endorsement which becomes part of the association’s property insurance policy upon its renewal. The endorsement states that the policy does not cover the cost to replace undamaged materials to have them match or otherwise be aesthetically compatible with the damaged materials. What does this mean for an association with this endorsement on their property insurance? In a 2014 decision, the Minnesota Supreme Court d ...

    by Jonah Hunt
    Thursday, 28 April 2016
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