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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, continue doing both
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Commercial Vehicles. If it Walks Like a Duck . . .
Declarations for most associations typically contain parking restrictions and most restrict commercial vehicles from parking within the community. Some associations have rules which contain parking restrictions of this nature as well. However, the majority of commercial vehicle restrictions do not define what is meant by “commercial” vehicle. A dictionary definition could be a vehicle used for business. But what types of vehicles are included in that definition? It is often left to the discretion of the board or parking committee to determine violations on a case by case basis. This leaves the association open to claims of selective enforcement and acting arbitrarily and capriciously and hinders the association’s ability to enforce the parking restrictions or rules in court should this become necessary.
[FULL STORY]
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2003 Legislative Update
The 2003 legislative session which just ended has been very active on issues affecting Colorado owner associations. The Legislature adopted, and the Governor approved, major changes on a construction defects law. As a result of the protections given builders, a group of property owners has started the process to regain lost property owner rights through a proposed amendment (by citizen initiative) to the Colorado constitution. State lawmakers passed and the Governor is expected to approve a bill allowing the American Flag to be displayed in covenant controlled communities. A bill limiting covenants that restrict installation of drought tolerant vegetation is expected to be passed, and the Legislature adopted a resolution asking owner associations to amend their governing documents to aid in water conservation. This article discusses the various bills.
[FULL STORY]
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CAI Unveils "Rights and Responsibilities" During National Conference in Dallas
Community Associations Institute (CAI) unveiled its Rights and Responsibilities for Better Communities, a series of 42 principles and practices designed to help association-governed communities promote harmony and greater community involvement, enhance communication, build consensus and reduce the potential for conflict.
[FULL STORY]
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Dealing with Disruptive Behavior at Board Meetings
Generally, the board of directors may deal with disruptive behavior under authority of the governing documents of the association. Many associations are required to conduct meetings according to parliamentary procedures set forth in the association’s bylaws and rules. If your association does not have such requirements, it may be a good idea to adopt a procedure for conducting meetings in order to cut short disruptive and obnoxious behavior.
[FULL STORY]
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Apathy - The Main Problem in HOAs Today - Part 2
Last month we discussed methods of addressing homeowner apathy before its effects had a serious impact on the association. This month we look at that more serious consequence - the association cannot get enough people to serve on the board.
[FULL STORY]
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Underground Utility Notification - Still a Requirement
Last May we featured an article about underground utility notification requirements in Colorado. Specifically, Colorado law requires that utility locates be obtained prior to performance of any excavation. Locates must be obtained by the contractor doing the work and may be obtained by calling Utility Notification Center of Colorado at 1-800-922-1987. It generally takes approximately three days to obtain the locate after the initial phone call. Failure to obtain utility locates may result in an initial fine of $5,000.00 and a fine of up to $25,000.00 for each subsequent offense. For more information on utility locates, please refer to our May 2002 newsletter article.
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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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