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Past Issues
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Issue 6
May 1, 2002
Vol. 1
Issue 6
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ISSUE 4
March 1, 2002
Vol. 1
Issue 4
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ISSUE 3
February 1, 2002
Vol. 1
Issue 3
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ISSUE 2
January 1, 2002
Vol. 1
Issue 2
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ISSUE 1
December 1, 2001
Vol. 1
Issue 1
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March Survey Results
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Do you routinely have the Association's attorney review contracts over $10,000 in value?
Yes 20%
No 80%
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Legislature Passes CCIOA Amendment
The senate narrowly passed HB 13028 after a last ditch effort to amend it on the floor failed. HB 13208, an amendment to CCIOA, makes it a class 6 felony for an owner in a homeowner or condominium association to violate the association's covenants. Class 6 felonies carry a fine up to $100,000 and 18 months in jail. A spokesperson for Governor Owens stated the Governor is likely to sign the bill which has an effective date of April 1, 2003. Tom Hindman, who testified in favor of the bill, was quoted as saying "Finally, associations have the backing of the police to enforce their covenants. This should give owners who think their house is their castle something to think about. I'm looking forward to seeing an owner or two hauled off in handcuffs. After a year or so in the pokey, I’ll bet they’ll think twice about not paying assessments or painting their house the wrong color." Chief Trial Deputy District Attorney for Jefferson County, Ken I. Jaleem stated "We'll have to look closely at staffing needs, but we anticipate initially assigning two deputies to handle the volume. Our office is taking this very seriously; there'll be no plea bargaining these cases."
APRIL FOOLS
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Directors and Officers Liability Insurance: Prior Acts Coverage
Every association should maintain continuous Directors and Officers Liability Insurance. There are many components involved in choosing the right policy for each association. "Prior Acts" coverage is an extremely important element to have with your policy.
[FULL STORY]
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Don't Lose Your Lien Rights
Associations can lose lien rights by inaction. The statement of account provision in CCIOA, which applies to all associations, requires that associations take certain actions if they received a request for a statement of account. If the appropriate action is not taken by an association, its lien rights are lost. Failure to comply with the provisions of the statute could cost an association thousands of dollars. Know what is required.
[FULL STORY]
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Assignment of Lien Checklist
Selling the Association's Lien Rights
When is the best time to sell an Association's lien rights? What steps should the Association take to move through this process? We have put together a checklist to assist Associations with this procedure.
[FULL STORY]
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Preventing Injuries to Children
New Safety Standard in Place
The U.S. Consumer Product Safety Commission (CPSC) has recently alerted consumers to a tougher safety standard that should prevent children from becoming entrapped in automatic security gates. These sliding or swinging gates are typically found at the entrances of residences, apartment buildings, condominiums, parking lots and garages, and commercial establishments.
[FULL STORY]
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One Stop Shopping
O&H Expands Services
Now you can get landscaping and pool maintenance services along with your legal services - all from the same provider. That’s right, O&H is excited to announce its expansion into landscaping and pool maintenance services. With the recent change in the ethical rules for lawyers allowing for law firms to engage in non legal, corollary businesses, O&H has expanded into landscaping and pool maintenance. Managing Partner, Tom Hindman was quoted as saying "This was not a move we took lightly. But after speaking with hundreds of board members, we couldn’t find any association who was satisfied with its landscaper or pool contractor. Of course, no one was happy with their lawyer either, but since we’re already lawyers, why not try something new."
Beginning Memorial Day and continuing through Labor Day, O&H attorneys, in addition to practicing law, will take turns mowing and cleaning pools for the approximately 1,000 associations that O&H represents. According to Hindman, "It’s a great opportunity for our lawyers to get outdoors, get a tan, and do an honest days work for a change. If this is a success, next year we'll start managing associations - that's where the big bucks are."
APRIL FOOLS
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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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