What to Expect From a Violation Hearing Under the Colorado Common Interest Ownership Act (“CCIOA”), before an association can levy fines against an owner, the association must provide the owner with the opportunity for “a fair and impartial fact-finding process concerning whether the alleged violation actually occurred and whether the unit owner is the one […]
Legislative Update As the legislature approaches the end of the 2023 session (the legislature adjourns on May 6), various uncertainties remain. Several bills remain pending, including: Creation of a Homeowners Association and Metropolitan District Task Force (HB 23-1105); Regulation of water-wise landscaping in common interest communities (SB 23-178); Electric vehicle and charging requirements (HB 23-1233); […]
HB 22-1137, which became law in August of 2022, imposed new hurdles for associations in the collection of delinquent accounts – namely: Administrative Obligations. Associations are now obligated to keep a record of contacts made with delinquent owners. Although many professional management companies already have such procedures in place, the obligation now includes reference to […]
Statewide Land Use Bill 2023 On March 22, 2023, SB 23-213 (“Bill”) was introduced in the Colorado legislature with the support of Governor Polis. The Bill proposes state-wide comprehensive land use reform with the objective of increasing affordable housing. The Bill is lengthy, but the legislation may impact communities by mandating that local governments adopt […]
The 2023 Colorado legislative session is in full swing. Below you will find several House and Senate bills that have been introduced this year that may impact you or your community. You can find more information about the specific bills by clicking on the links below. There are two 2023 bills currently under review directly […]
We are celebrating wins and recoveries. Recently, Orten Cavanagh Holmes & Hunt settled a hail loss property claim on behalf of an association for nearly $1M. The association’s claim had previously been unreasonably denied by its insurer. The funds will go towards replacing the roofs in the community. In addition, the firm recently prevailed in […]
Another year, another legislative session – and more bills that target HOAs and metro districts. HB 23-1105 was introduced in this session (sponsored by Reps Jennifer Parenti and Brianna Titone). It aims to create task forces for both HOA and metro districts, the sole purpose of which is to: Study issues confronting homeowners’ rights. This […]
In the 2022 legislative session, the Colorado Legislature made significant changes to the way homeowner associations are governed. One bill in particular, HB22-1137, added a number of new requirements for associations with a focus on covenant enforcement and collection procedures. As some of the requirements may be confusing, below is a simplified cheat sheet that […]
Board Members Charged A past president of the Board of Directors of Hammock Community Association in West Kendall, Florida, along with her husband and three others, were arrested. The board members were charged with crimes ranging from grand theft, racketeering, fraud, and money laundering related to a years-long scheme to siphon money intended for community […]
You don’t have to put enforcing covenants on hold just because winter weather is here. Give a cure deadline of May 1st to keep the ball rolling and keep enforcements in check! For many single-family homeowner associations, the end of the year signifies the end of the covenant enforcement cycle. Violation notices for poorly maintained […]
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