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April Survey Results
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Should Tom Hindman retire from the practice of law or just from editing the newsletter?
23% Yes, retire from practice of law
19% Yes, retire from editing newsletter
58% No, continuing doing both
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Hold Harmless Clauses in Management Agreements
Indemnification and hold harmless clauses are fairly standard in management contracts, yet they remain controversial and misunderstood. This article discusses some of the issues raised by hold harmless and indemnification clauses and suggests some language for use in management contracts.
[FULL STORY]
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Unlucky Seven?
What the Recent Upsurge in Chapter 7 Bankruptcy Filings Means for Community Association Collections.
January 2, 2003’s Denver Post reported that 2002 Colorado bankruptcy filings totaled 21,250, breaking 1997’s record of 19,075. Chapter 7 filings were up 13% over 2001, according to the Post. This trend is likely to continue through most if not all of 2003. This article discusses the consequences of a Chapter 7 Bankruptcy petition and what rights the association has to secure payment for unpaid assessments.
[FULL STORY]
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Covenant Enforcement: Violating the Fair Housing Act by Assessing Fines and Penalties
The number of cases alleging discrimination on race-based or sex-based violations of the Fair Housing Amendments Act (FHAA) is legion. Directors need to be aware that failure to prevent and/or properly respond to FHA discrimination claims could land their association in an expensive law suit. Because many unlawful discrimination complaints often arise out of covenant enforcement, good record-keeping of covenant enforcement matters is crucial in establishing the association’s legal basis for the action taken whether it be fines, warnings or legal action. This article summarizes a recent case that demonstrates the importance of keeping good records.
[FULL STORY]
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Class Action Lawsuits Affecting the Home
The following is a list of website links that provide information on a number of class action lawsuits and recalls regarding home defects. They provide useful articles, claim-filing instructions, as well as links to other sites for updates and explanations of settlement benefits.
[FULL STORY]
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The Importance of a Reserve Fund Investment Policy
The board of directors has a fiduciary responsibility to all unit owners to make sure reserve funds are invested properly. That is, each director has a legal responsibility to make sure reserve funds are not invested in instruments that a prudent person would consider risky or unsafe. Directors must also ensure that the funds are available when needed. By adopting a formal, written investment policy, the association provides the structure, consistency, and continuity necessary for any investment decision the board must make.
[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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Educational Events
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Click here to register
June Lunch Forum (Wheat Ridge Office): Parking Pandemonium: Causes and Solutions June 5
June Breakfast Forum (Fort Collins Office): Parking Pandemonium: Causes and Solutions June 6
Boot Camp Part 4 (Wheat Ridge Office): Governing Your Association Lawfully and Effectively May 13 (FULL)
Boot Camp Part 4 (Fort Collins Office): Governing Your Association Lawfully and Effectively May 15
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Community Associations Institute
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The Community Associations Institute (CAI) is a nonprofit organization that provides education and resources to community associations. To find out more about CAI visit www.caionline.org
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