ARE YOU COVERED FOR YOUR COMMUNITY’S TRANSITION TO SAFER AT HOME?

Effective May 6, 2020, anyone 3 years of age and older is required to wear a face covering in certain public settings within the City and County of Denver.  Denver is not unique and is among a growing list of local county and municipal governments mandating use of face masks when engaging in various public activities.  These local orders go a step beyond the Colorado Department of Public Health & Environment’s Amended Safer at Home Order 20-28 (“SAH”) which urges individuals to wear non-medical face coverings when in public. 

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Community Association Manager Licensing Bill Introduced

Community Association Manager Licensing Bill IntroducedOn February 25, 2019, HB19-1212 was introduced in the Colorado Legislature to reenact the CAM licensing laws that were repealed last year and to reestablish the CAM program. HB19-1212 is substantially similar to the prior law, but there are some changes that managers and management companies should note if the bill passes:

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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

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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