News and Legal Updates
NOTICE to our clients and managers
NOTICE to our clients and managers alike - effective September 1, 2018, Colorado made changes to the law which affects how Associations and Management Companies store and handle the personal identifying information of its members. The law impacts all communities whether self-managed or professionally managed. Associations should contact their attorney to discuss and adopt the necessary policies. WHAT’S COVERED: Associations and Management Companies must adopt written policies govern...
HOA Subject to Property Tax?
Normally, property taxes on common areas are paid by the membership through taxes on their own property. For the members of an exclusive San Francisco community , however, an unpaid tax bill lead to the sale of the private street that fronts their homes. How did this happen? Bad record-keeping or the failure to record the proper deeds at the time of transition? It’s hard to say. The association claims that the tax bill was sent to the wrong accountant. ...
How do you Mitigate Wildfire? ...Goats.
Yes, goats…300 goats! A new… and unique…method to help reduce the spread of wildfire has gained our attention. Recently, a Castle Pines homeowners association enlisted the services of a herd of 300 goats to help mitigate the spread of wildfire in its community. The goats eat and remove about one acre of tall grass and brush from the community per day and it appears residents are so far happy with the results. According to an article published by the...
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: The Colorado Common Interest Ownership Act (“CCIOA”) permits a declarant to reserve the unlimited right to approve any declaration amendment altering the mandatory arbitration provision for construction defect claims; and Th...
Construction Defect Legislation on its Way for Governor’s Signature
Last month we reported on a press conference presented by Governor Hickenlooper and several legislators where the Governor announced consensus had been reached on the construction defect bill, HB17-1279 . Both the House and Senate passed the bill by overwhelming margins. The Governor is expected to sign the bill on May 23, 2017. For those involved in the construction defect legislation efforts, achieving a bill that could pass both the House and Senate has been a long and at times c...
