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October Survey Results
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Does your association use the same contractor for snow removal that it does for landscaping? 83% Yes
17% No
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The "Ins and Outs" for a "Legal" Annual Meeting
An annual meeting takes planning and preparation but it also takes compliance with laws and governing documents to make it "legal." This article discusses ten areas of concern to ensure that your association's annual meeting is legal.
[FULL STORY]
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Aging - Not In My Association
Over 50% of owner occupied homes in the United States are occupied by residents over 55. As our population ages, community associations are often forced to address issues related to an owner’s inability to care for him or her self, inappropriate behavior caused by Alzheimers or other degenerative diseases, and even life threatening safety issues for the owner and other residents.
In the past, neighbors often assisted other neighbors as they aged. There may have been daily calls to check on an elderly neighbor, rides to the doctor, shoveling of a walk or even invitations to dinner. In today’s society, this social courtesy is the exception rather than the norm. Neighbors don’t talk to neighbors, nor do they assist each other as sight, mobility, hearing, agility and mental capacities fade. Instead, they call the association and ask for assistance. But what can and what should associations do?
[FULL STORY]
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Renovating Existing Rules
Why is it so important to have “reasonable” rules? There may be a number of answers to that question, but the best answer is that reason fosters community. Sure, if a rule is reasonable, residents are more likely to comply with that rule. And a court is more likely to enforce a reasonable rule. But, a better argument is that a reasonable rule protects and preserves relationships among owners. Determining whether a rule is reasonable is somewhat intuitive. You know it when you see it. Here are ten questions to ask when you review an existing rule to make sure it’s reasonable.
[FULL STORY]
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O&H Helps Association Defeat Discrimination Charge
An owner recently filed a complaint against the homeowners association in which she lives claiming that the association had discriminated against her by taking legal action to collect delinquent assessments. The association had tried for several years to collect delinquent assessments from the owner, who is disabled. After normal collection proceedings were unsuccessful, the association foreclosed its lien. The association and the owner eventually entered into an agreement for the payment of assessments, and the foreclosure was stopped. However, the owner filed a complaint with the Colorado Civil Rights Division (CCRD) claiming that she had been treated differently than other owners because of her disability.
With the help of good records from the association and the association’s written collection policy, we were able to have the CCRD’s charge against the association dismissed. We were able to show CCRD that the association followed a written collection policy to pursue delinquent owners in a consistent manner. The association’s records and minutes proved that the association had commenced collection actions, including foreclosures, against other owners with similar delinquencies. CCRD, in its decision, relied heavily on these records and the written collection policy in determining that there was no basis for the owner’s discrimination charge.
We encourage all associations to keep good records of Board actions, treat all owners fairly and consistently, know about the fair housing laws, and follow its policies. Doing so greatly enhances the chances that the association can defeat any discrimination charges that may be brought against it.
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Nuisance Ordinances
Municipalities often have ordinances which define certain activities as nuisances. Before the board sends an enforcement letter to an owner based upon the nuisance provision in the Declaration, it might want to see if the city or county can help by enforcing it's nuisance ordinance. Click on the following link for a list of over 34 municipal and county ordinances dealing with nuisances. (Note: This list is in PDF format and may take several minutes to display depending upon the speed of your internet connection.)
Nuisance Ordinance Chart
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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
December Lunch Forum (Wheat Ridge Office): No Renters Allowed! How Far Can Leasing and Occupancy Restrictions Go? December 5
December Breakfast Forum (Fort Collins Office): No Renters Allowed! How Far Can Leasing and Occupancy Restrictions Go? December 6
Boot Camp Part 4 (Wheat Ridge Office): Governing Your Association Lawfully & Effectively November 14
Boot Camp Part 4 (Fort Collins Office): Governing Your Association Lawfully & Effectively November 21
Workshop Schedule
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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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