News and Legal Updates

  • 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
  • Will Assessments Become Tax Deductible?

    On March 3, 2016, two members of the House of Representatives from California introduced H.R. 4696 which would amend the tax code to allow certain homeowners to deduct homeowner association assessments.  The act, called the “Helping Our Middle Income Earners Act” or “HOME Act” would allow homeowners earning $115,000 or less to deduct up to $5000 in regular assessments related to their primary residence from their federal taxes.  The bill has been assigned to the House Ways and Means Co ...

    by Lauren C. Holmes
    Friday, 08 April 2016
  • Beware the Ides of March for Adoption of CD Ordinances!

    On March 15, 2016, two more local governments adopted construction defect ordinances. Under local government public health, safety and welfare powers, municipalities are attempting to supplement perceived deficiencies in the Colorado Construction Defect Action Reform Act with the intent of decreasing builder and developer liability represented as an effort to promote affordable housing. Loveland adopted Ordinance No. 6004, and Fort Collins adopted Ordinance No. 030-2016. Both ordinances include ...

    by Kelly Morrow
    Wednesday, 23 March 2016
  • Rain Barrel

    Rain Barrel Bill Back Again this Year

    Colorado is the only state in the country where rain barrels are largely illegal. Last year, a bill to allow homeowners to collect two 55 gallon barrels of water for outdoor purposes passed out of the House, but was killed in the Senate based on the position that allowing residential property owners to collect two 55 gallons of water would constitute appropriation of pre-existing senior water rights. This year, H.B. 16-1005 was introduced and has again passed through the House by a 61-3 vote. H ...

    by Candyce Cavanagh
    Thursday, 17 March 2016
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