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Covenant Enforcement: The Role of the Business Judgment Rule
A Recent Case Sheds Insight
The Colorado Court of Appeals has ruled homeowners associations are entitled to broad discretion in the manner and method of pursuing covenant enforcement. A lawsuit challenging those decisions must prove the association acted unreasonably, in bad faith or in an arbitrary and capricious manner. This ruling presents important lessons and guidance to homeowners associations evaluating covenant enforcement issues.
[FULL STORY]
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Collecting Assessments: Watch Out for Restrictive Endorsements
Suppose a homeowner in your association hasn’t paid his or her assessments for five or six months. You have turned the account over for collection and the delinquent amount now includes late charges, interest and attorney’s fees. The owner tenders a check to the association for only the back assessments owed. You are about to apply this as a partial payment on the account when you notice a notation on the front of the check that states “payment in full”. You are now faced with the dilemma of whether or not to cash that check and what the consequences are if you do.
[FULL STORY]
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Guidelines & Tips for a Snowy Winter
Snow. For kids it means school delays. For drivers it means a longer commute. What does snow mean for associations? To guard against problems and liability, associations need to know the ins and outs of snow removal contracts, what to do when a slip-and-fall occurs and when a frozen pipe breaks.
[FULL STORY]
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Court Limits Power to Add New Covenants
Just How Far Can You Go?
In a recent case, the Colorado Court of Appeals limited the ability of an Assocition to add new covenants under the provision dealing with amendments. The Court stated that specific language in the original covenants limited the Association to changing or modifying existing language only and did not allow the addition of new covenants.
[FULL STORY]
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O&H Takes the Show on the Road
Fort Collins Offices and Educational Programs
To accomodate the growing number of Northern Colorado associations, Orten & Hindman has taken its show on the road. O&H opened its Fort Collins office in 2000 and began presenting Boot Camps to Board Members that same year. 2001 brought the popular monthly lunch forums to Fort Collins in the form of a monthly breakfast forum. We invite our Fort Collins area clients and friends to participate in our widely popular educational events. For a complete schedule and directions to our office, please visit our website.
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Leaps and Bounds
Top 10 metro-area subdivisions & home builders of 2001
Growing growing growing. Home Builders Research put together the top 10 Denver metro-area subdivisions for 2001. Click here to see who sold the most homes and what the buyers paid.
[FULL STORY]
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Orten & Hindman, P.C.
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We do one thing and we do it well...Community Association Law.
To learn more about O&H's services, visit our website at www.ortenhindman.com
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Boot Camps & Forums
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Click here to register
Boot Camp Part 2: Understanding your Governing Documents & Applicable Laws February 12
Boot Camp Part 1 (Fort Collins): Understanding Your Legal Duties and Responsibilities & Avoiding Liability February 19
March Lunch Forum: Collecting Delinquent Assessments March 7
March Breakfast Forum (Fort Collins): Collecting Delinquent Assessments March 8
Boot Camp Part 3: Successful Covenant & Rule Enforcement March 2
Boot Camp Part 2 (Fort Collins): Understanding Your Governing Documents & Applicable Laws March 12
Boot Camp Part 3 (Fort Collins): Successful Covenant & Rule Enforcement March 23 O&H Workshop Schedule
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