News and Legal Updates

  • Regulating Short Term Rentals

    Many Colorado cities, just like HOAs, are considering regulating short term rentals.  The Colorado Springs Gazette recently reported on the impact of short term rentals in both Manitou Springs and the Springs.  Manitou currently has a moratorium in place on new short term rental licenses until it enacts new rules, which it aims to do in November 2015.  In Colorado Springs, owners who rent short term must get a sales tax license and collect both sales and lodging tax for each stay ...

    by Jonah Hunt
    Thursday, 20 August 2015
  • HOA Reserve Studies

    Jerry Orten was quoted in a May 2015 article in the Orten Cavanagh & Holmes LLC on HOA reserves.  Jerry said: “Each community should decide for themselves whether to have a reserve study, who to obtain it from, how often to update it, and how to implement it.  Most HOA’s are required to have a governance policy on these aspects of reserve studies and funding.  Ideally, the community determines what is best, consistent with the expectations and demographics of owners in the co ...

    by Jerry Orten
    Monday, 27 July 2015
  • service

    Ouch! HOA Sued Again!

    In light of a second lawsuit recently filed against a condominium association in Aspen, managers and boards of directors should be mindful of state and federal anti-discrimination laws. The pending lawsuits stem from separate occurrences between the association and residents’ on service/support animals. Association boards and managers who receive accommodation requests from owners or residents must be careful to avoid overreaching when requesting information relative to an individual’s disabilit ...

    by Aaron Goodlock
    Monday, 13 July 2015
  • US Flag

    CCIOA Public Policies that Supersede Restrictive Covenants

    Colorado statutes, in the Common Interest Ownership Act, supersede many restrictive covenants. Which ones?  CCIOA allows for: U.S. Flag Military Service Flags Reasonable accommodations for modifications Emergency vehicles Clearing trees and shrubs to create defensible space Cedar shake shingle covenants are void Political Signs (in season) Xeriscaping Energy saving modifications Energy generating modifications Electric vehicle charging stations Contact an attorney or profe ...

    by Jerry Orten
    Monday, 06 July 2015
  • Insurance Requirements for Licensed Managers

    Insurance requirements for community association managers (CAMs) are provided by statute and CAM “D Rules.” Licensed CAMs who are employees of a management company are required to obtain and maintain errors and omissions insurance and crime/fidelity insurance in amounts described in the rules. Licensed managers who are employed by an owner association are to be named as an additional insured on the Association’s fidelity policy. The state will accept a community’s D&O policy in lieu of an E& ...

    by Aaron Goodlock
    Friday, 26 June 2015
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