News and Legal Updates

Kelly is experienced in reviewing and advising clients concerning HOA Governing Documents (including Articles of Incorporation, Bylaws, and Declarations), the Colorado Common Interest Ownership Act, and Public Trustee and judicial foreclosures.


Kelly is licensed to practice law in both Colorado and California.  Prior to joining Orten, Cavanagh & Holmes, Kelly focused on general real property matters, title review and insurance, construction, development, and other business related matters.

Supreme Court Affirms Declarant Consent Required for Removal of Arbitration Provision for Construction Defect Claims

On June 5, 2017, the Colorado Supreme Court issued its ruling in Vallagio at Inverness Residential Condominium Ass’n, Inc. v. Metropolitan Homes, Inc. et al. (Supreme Court Case No. 15SC508).  The Supreme Court affirmed the court of appeals and ruled:

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

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 precludes amateur radio service communications. The FCC rules will mandate that the radio licensee notify and seek prior approval from their Association before installation of any outdoor antenna. Additionally, Associations will still be allowed to prohibit antenna location on common areas and enact reasonable rules concerning the height, location, size, and aesthetic impact of, and installation requirements for the outdoor antenna and support structures.

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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.

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DORA Position on Management Company Record Retention

The state has clarified management company record retention requirements following termination of an Association’s management contract.  The management company is required to retain former HOA documents that were produced or involved the management company during the management term.  Those records must be kept for 3 years after termination.  The management company is not required to retain any HOA documents that are publicly recorded or documents created prior to inception of the management relationship which did not involve its participation.   Post termination storage retention costs cannot be charged to the HOA unless the management contract specifically details the cost and the Association agreed. Click here to view DORA’s complete CAM Rules and Position Statements. 

Division of Real Estate Publishes Emergency Rules

On May 20, 2015, Governor Hickenlooper signed House Bill 15-1343 into law.  Consequently, the Director of the Division of Real Estate published Emergency Rules, effective May 21, 2015 through September 21, 2015, specifying the application and license requirements for obtaining a Provisional License or an Apprentice License.

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