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Community Managers

How May We Help Your HOA?

video02Founded in 2005, Orten Cavanagh Holmes & Hunt advocates a preventive approach in providing legal representation to community associations throughout Colorado. Orten Cavanagh Holmes & Hunt provides communities and associations with timely, value-oriented legal services.

We are dedicated to a preventive legal approach, counseling communities and associations to deal with issues in a solution-based manner that minimizes discord. We encourage associations to proactively manage their communities and to ensure actions are appropriate before implementation

Our mission is to achieve solutions for Colorado HOAs that protect the investments of owners and foster neighborhoods and relationships within the communities.


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Frequently Asked Questions

How do I find out what declaration amendments are required?

By following these steps:

1. Review the entire declaration. Amendment authority is usually in at least one place in the declaration, but can often be in 2, 3 or even 4 places.
2. Review all applicable declaration provisions to determine the amendment requirements of the declaration.
3. Compare the amendment requirements of the declaration to the statutory changes Colorado has made that may lessen these requirements.

Would giving an owner the sign-in sheet for a board election meeting disclose a homeowner’s vote?

The sign-in sheet will only show who was at the meeting and not how those people voted unless you identify who is holding someone’s proxy on the sign in sheet and that exactly matches the number of votes one person received.

Under the new record inspection statute, the association is required to keep ballots and proxies for a year.  If you give ballots to each person who holds one or more proxies, the ballots confirm the result of the election, yet preserve secrecy.  The intent here is that owners are entitled to cast their ballots without their names attached.  The sign-in sheet is really no different than the records that are kept by the counties for elections.  The county knows who came in to vote, but those records do not disclose how someone voted.

Can the actual vote count for a board election of multiple candidates be provided to an owner?

The association can report the actual vote count.  It may not report or disclose any identifying information as to who voted for what candidate.  CCIOA addresses reporting results as follows:  “The results of a vote taken by secret ballot shall be reported without reference to the names, addresses, or other identifying information of unit owners participating in such vote.”

Is there a minimum balance required before an association may foreclose on an owner’s property?

No, the association may foreclose on any delinquent amount. However, careful consideration should be given to the balance, related legal costs, fees, and the owner’s individual circumstances before an association proceeds with any foreclosure action.

What is the “superlien”?

The superlien was primarily enacted to protect associations against the loss of assessment revenue when a lender forecloses on a unit.  The Colorado Common Interest Ownership Act (CCIOA) gives associations a lien prior to the first deed of trust for “an amount equal to the common expense assessments which would have become due during the six months immediately preceding the institution of a foreclosure by either the association of the holder of a lien senior to the association.”  The superlien can be comprised of unpaid assessments, late fees, interest, fines, and attorney fees or costs.


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Denver | 720-221-9780
Colorado Springs | 719-457-8420
Info@ochhoalaw.com