News and Legal Updates

  • Affordable Housing Fund Proposed – Backed by Recording Fees

    State Senator Ulibarri has introduced Senate Bill 2015-79 to seek to fund statewide affordable housing through a surcharge on recording fees of County Clerks and Recorders.  Community associations record notices of liens, notices of violations, amendments to declarations and more.  This bill, if passed, will have fiscal impact on associations.  The extent of which will depend on the number of documents recorded.  Under current law, each County Clerk and Recorder collects a ...

    by Candyce Cavanagh
    Friday, 16 January 2015
  • Director of the Colorado Division of Real Estate Adopts Emergency CAM License Rules A, C and D

    On January 6, 2015, the Director of the Colorado Division of Real Estate for the Department of Regulatory Agencies (“Division”) adopted Emergency Rules A, C and D related to Community Association Manager (“CAM”) licensure.  The adopted Emergency Rules outline the qualifications, education, testing, licensing, and insurance requirements necessary for CAM license applications and will expire on May 6, 2015.  It is anticipated that the Division will schedule a permanent rule-ma ...

    by Kelly Morrow
    Wednesday, 07 January 2015
  • FHFA Seeking Federal Court Intervention Over Lien Priority Statutes

    The Federal Housing Finance Agency (FHFA) released a statement expressing concern over state statues, which allow community associations to obtain lien priority over first mortgages for unpaid assessments.  This includes Colorado's Super Lien statute.  The FHFA is asking for the federal court to intervene in order to seek help for those mortgage services that have failed their contractual obligations to Fannie Mae and Freddie Mac.  Tom Skiba, Chief Executive Officer of Community A ...

    by Jerry Orten
    Wednesday, 24 December 2014
  • Lakewood Passes Construction Defect Ordinance

    The City of Lakewood has passed Ordinance 21, which places additional obstacles on residents and associations to have construction defects corrected.  The ordinance passed on a 7-4 vote.  The city council members did agree to some amendments to the ordinance, including allowing owners to vote by proxy on whether to initiate litigation against the builder, and allowing owners to object a repair offer from the builder. Despite these concessions, the ordinance still gives builders a righ ...

    by Jonah Hunt
    Friday, 17 October 2014
  • It’s Showtime!

    The City of Lakewood is considering an ordinance October 13th to make it harder for residents to have construction defects corrected.  This proposed ordinance is misguided. Property law is principally governed by the Colorado Constitution and legislation adopted by the Colorado General Assembly – not by ordinances of Colorado cities. The rights of Lakewood residents to protect their property from construction defects was established in 1876, when the State Constitution was adopted.   ...

    by Jerry Orten
    Monday, 13 October 2014
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