Should Denver’s Parks, Streets and Public Places Become Housing? ‘Occupy Denver’ Re-Dux?

Denver voters will consider these questions as Initiative Ordinance 300 (“Initiative 300”) on the ballot for the May 7, 2019 election (along with candidates for mayor, other offices and Initiative Ordinance 301).

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Attempts to Unilaterally Modify Contracts by Service Providers

Recently our firm has seen an increase in various service providers attempting to introduce new fees in the performance of their contracts with community associations.  These fees are typically introduced on an invoice, and accompanied with a short explanation that they are associated with some cost incurred by the service provider.  When assessed on a per-owner basis these fees may seem small or nominal in amount.  However, when aggregated across the community and across multiple years, these fees can add up to a mid-contract price increase of tens of thousands of dollars for a community association.  Owners and board members should be aware that the introduction of these fees is an attempt to unilaterally modify a contract and there may be a sound legal basis to reject such a modification.

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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February 25, 2019, HB19-1212 was introduced in the Colorado Legislature to reenact the CAM licensing laws that were repealed last year and to reestablish the CAM program.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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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.

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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.  Now, a $994 property tax bill is likely to cost these owners hundreds of thousands to correct the mistake.

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Denver, CO 80202
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Colorado Springs, CO 80903
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