HOA Litigation Under COVID-19

Colorado and most of the country are on stay at home orders of some kind.  Colorado state and federal courthouses have vacated in-person civil hearings, trials and other matters, subject to rescheduling.  With court closings, litigants have been forced to quickly adapt to virtual litigation activities that are customarily done in person.  This can include virtual depositions, hearings, and mediations. 

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Is the End here?

Not the end of the virus (though that cannot come soon enough), but the end of a condominium or planned community?  A community can end (be terminated) following the process in the Colorado Common Interest Ownership Act and/or in the declaration.  A super majority of the owners decide.  If the community is no longer desired to be kept in place and there is agreement among a super majority of the owners, CCIOA allows for the end of the community.  In the statute this is referred to as termination.  We have a checklist for the process to be followed and have assisted many communities with this process.  Contact one of our attorneys if the end of the community is desired to be considered.

Resources to Help Your Community Stay Home

As of March 26th, the entire State of Colorado is under a Stay-at-Home Order issued by Governor Polis and subject to Public Health Orders issued by the Colorado Department of Public Health & Environment.

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Attention: Pending bills HB 1200 & 1333 have been delayed

Due to the COVID-19 outbreak in Colorado, the legislature has suspended operations and postponed the hearing of both pending house bills 1200 & 1333.  A new hearing date has not been set.  This postponement provides you with additional time to further your knowledge on the impact either of these bills (if passed) would have on your community.  See the recent article regarding these two proposed bills here.  Additional resources you may be interested in include a  checklist on ‘how to influence pending state legislation,’ and a website to help you determine who the elected officials are in your district.

Is there a bill pending in the state legislature that you are concerned with?

You can influence state legislation. Here’s a checklist on ‘how to influence pending state legislation.’ Ideally, you have established a personal relationship with your State Senator and State Representative. Regardless, your input to state legislators and/or the Governor aids these elected officials in establishing statutes that reflect better public policy. Click here to determine who the elected officials are in your district. Good luck!

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Orten Cavanagh Holmes & Hunt, LLC
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Denver

1445 Market Street, Suite 350
Denver, CO 80202
Main: 720-221-9780
Fax: 720-221-9781

Colorado Springs

14 N. Sierra Madre Street, Suite A-1
Colorado Springs, CO 80903
Main: 719-457-8420
Fax: 719-457-8419

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