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The Drought and Your Landscaping Contracts
All indications suggest that this summer’s drought will continue into 2003 even with an above average winter of precipitation. Anticipating this, the Denver Water Board has further restricted lawn watering in September and prohibited all watering after October 1 except by special permit. It is likely that other cities will follow Denver’s lead (see Drought Update article). What does this mean for your landscaping needs next spring and summer? No one can be certain, but what we do know is that landscaping contracts should be written to allow for the unknown.
[FULL STORY]
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Complaints from Anonymous Sources
Can they and should they remain anonymous?
In community associations, covenant and rule violations are brought to the attention of the board of directors through many different sources, including managers, committee members, board members, and residents. When a resident is the source of the association’s knowledge of a violation, and the violating homeowner becomes aware of this, the violating homeowner often wants to know the identity of the accuser. The question then arises is the board required to identify the complaining homeowner and should the board identify the complaining homeowner.
[FULL STORY]
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Spoliation of Evidence and Record Retention Policies
Media reports revealing that employees from Arthur Andersen shredded documents relating to Enron's audit raised questions and reopened discussions concerning corporate document retention policies, obstruction of justice, and spoliation or destruction of evidence. Although Enron's world of high finance may seem far removed from the governance of community associations, there are lessons to be learned that are universal.
[FULL STORY]
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Drought Update: Colorado Springs Limits Covenant Enforcement
As the drought in Colorado continues, and municipalities and water districts impose even more restrictions on watering, some local governments are passing or considering ordinances limiting enforcement of covenants requiring existing grass to be watered or new grass to be installed.
[FULL STORY]
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Declaration Amendments Via Document or the Court
The amendment provision set out in the declaration governs amendment of the declaration. Until recently there have been few issues regarding those procedures. However, with the amendment of C.R.S. § 38-33.3-217 in 1999 and the decision by the Colorado Court of Appeals in West v. Evergreen Highlands Association, specific language in the amendment procedure takes on heightened significance.
[FULL STORY]
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Orten & Hindman, P.C.
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March Lunch Forum (Wheat Ridge Office): Mold: Everything You Need to Know March 6
March Breakfast Forum (Fort Collins Office): Mold: Everything You Need to Know March 7
Boot Camp Part 2 (Wheat Ridge Office): Understanding Your Governing Documents & Applicable Laws March 11
Boot Camp Part 2 (Fort Collins Office): Understanding Your Governing Documents & Applicable Laws March 20
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