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June Survey Results
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Should associations be legally required to have a reserve study completed and then updated periodically?
37.5% No
62.5% Yes
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Fall Boot Camp and Breakfast/Lunch Forum Schedule Now Available
Click here to see our new schedule of Boot Camps and Forums for September through December, 2002.
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Creation and Availability of Member Lists
Homeowner associations are typically incorporated as nonprofit corporations, and accordingly, must comply with the Colorado Revised Nonprofit Corporation Act (“Nonprofit Act”). The Nonprofit Act is quite lengthy and contains provisions governing many aspects of nonprofit corporations. This article is limited to a discussion of Section 201 of the Nonprofit Act which requires nonprofit corporations to create and make available, on a regular basis, lists of names and addresses of its members.
[FULL STORY]
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Top 10 Document Amendments
Amendments to governing documents come in many different shapes and sizes - there is the limited, single issue amendment or the comprehensive amendment which amends and restates the entire document. Regardless of which your community is tackling, the following list of the 10 most common amendments should be considered.
[FULL STORY]
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Association Taxes - The Basics
Your association is a non-profit corporation? True. Thus, as a non-profit entity, it owes no income taxes? False!
This is a common misconception among board members, especially those first time volunteers. If you do not understand your association’s taxes, don’t feel alone.
[FULL STORY]
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Does your Association Provide On-Site Manager With a Unit?
If your association or management company provides an on-site manager or other employees with housing as a part of employment, the Association has a right to evict the employee when the employment terminates without having to file a lawsuit.
Under Colorado Revised Statute §8-4-127, employers may summarily evict an employee who was provided housing as an incident to employment. This statute allows the Sheriff to remove the employee from the property after a 3-day notice is served. It requires no lawsuit and no court order. However, it does require that the employment agreement be in writing and state that the occupancy is under a license subject to termination with employment. The agreement must contain the names of the employer and employee and the address of the unit. Both the employer and the employee must sign the agreement.
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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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Educational Events
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Click here to register
Boot Camp Part 4: Governing Your Association Lawfully & Effectively August 14
September Lunch Forum: Who's Responsible for That? Maintenance and Repair Provisions in Covenants September 5
September Breakfast Forum (Fort Collins): Who's Responsible for That? Maintenance and Repair Provisions in Covenants September 6
Workshop Schedule
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Suggestions
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If there's a topic you'd like to see covered in an upcoming issue, email us at Orten & Hindman
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Community Associations Institute
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The Community Associations Institute (CAI) is a nonprofit association that provides education and resources to community associations. To find out more about CAI visit www.caionline.org.
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