House Bill 22-1139 prohibits a common interest community from regulating the use of public right-of-ways. The new law states that associations cannot enforce a covenant, bylaw, rule or regulation that would prohibit the use of a public right-of-way that is otherwise in accordance with local government’s ordinance, resolution, rule, franchise, license or charter. The association […]
The Colorado legislative session commenced on January 12, 2022. Several bills have been introduced that, if enacted, would directly affect HOAs. Certain aspects of the 2022 legislation may adversely impact common interest community homeowners, boards of directors, managers, and other stakeholders. Those bills are: SB 22-060 To Limit Assessment Increases HB 22-1040 Homeowners’ Access to […]
Legislative Changes in July Prompts Adoption of New Policies by HOAs Recent changes to provisions in CCIOA likely contradict what your current governing documents reflect on the use of artificial turf and drought-tolerant landscaping, and the display of flags and signs. House Bills 21-1229 and 21-1310 (“Bills”) were both signed by Governor Jared Polis earlier […]
Orten Cavanagh Holmes & Hunt, LLC is pleased to announce that and Jerry Orten has been named to The Best Lawyers in America list for Community Association Law in the Colorado 2021 Edition. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Lawyers on The […]
On Thursday, February 11, 2021, the Department of Housing and Urban Development (“HUD”) announced that LGBTQ Americans would be protected under the Fair Housing Act (“FHA”). Initially passed in 1968, the FHA protects against housing discrimination based on race, color, religion, sex, familial status, or national origin. As originally drafted, the FHA does not extend […]
As we’re wrapping up 2020, we acknowledge it has been difficult beyond comparison, and in countless ways. Although the challenges are not yet over, for many, 2021 is the proverbial “light at the end of the tunnel”. With this year coming to a close, we wanted to take a moment of gratitude. To our clients, […]
As you may have gathered from our recent education class and article post, local ordinances pertaining to Accessory Dwelling Units (“ADUs”) are quickly and broadly changing in Colorado. Specifically, the City and County of Denver Land Use, Transportation, and Infrastructure Committee will likely be voting on permitting ADUs in certain areas of Denver on November […]
The Colorado Legislature is currently on a fast track to consider a Bill (SB 20-211) which will greatly impact an association’s ability to collect delinquent assessments. The Bill has passed through the State Senate and is now under review by the House. Below is a summary of the current proposal: The Bill would restrict a […]
Amended Order Update As of yesterday, June 4, Colorado Governor Jared Polis has provided guidelines for how community pools may reopen. While pools are permitted to open, to ensure the safety, health, and well-being of Coloradans, there are still COVID-19 safety measures that do not permit pools to be used at full capacity: Pool capacity […]
Although all Colorado pools are required to remain closed through May 26, 2020, the CDC has now provided guidance for re-opening pools and hot tubs. We know that there are many questions about whether, how, and when associations should have a hot tub and pool re-open ing. According to the CDC, COVID-19 is not transmitted […]
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