Many associations have temporarily closed common facilities in response to COVID-19 and social distancing guidelines. Thises facilities include such as clubhouses, laundry rooms, fitness rooms, and hot tubs. Many are wondering whether or how pools will be able to open later this month. As the weather gets nicer and quarantine fatigue sets in, we are seeing more demands to open up facilities and to refund assessments if facilities have been closed or access reduced.
Associations generally have the authority to manage, control and operate the common elements. This includes the authority to temporarily close facilities when appropriate. Many documents specify that non-use of common facilities does not entitle an owner to an offset in assessments. The Covid-19 pandemic does not alter the Board’s fiduciary responsibility to meet the Association’s financial obligations and does not alter an owner’s obligation to pay the assessments levied according to the association’s budget. Associations should be encouraged to work with those owners who have lost their jobs due to Covid-19 and have problems paying assessments right now. However, an association most likely does not need to refund or reduce assessments because of limited access to facilities. As always, make sure you review your association’s documents and check with the association’s attorney for specific advice.
HB26-1099 Concerning Protecting the Financial Condition of Common Interest Communities passed both houses on March…
Community associations often have strict notice requirements and timelines required by the governing documents or…
Colorado lawmakers are continuing to focus on the financial stability and governance of community associations.…
The New Year marks a fresh start with resolutions and renewed outlooks; but the removal…
HB25-1043 becomes effective on October 1, 2025. The Bill will impact how homeowner associations conduct…
Colorado HB25-1182 is an effort to help reduce and mitigate property insurance costs. The Bill…