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June Survey Results
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Have you drafted rules for the display of the American Flag?
0% Yes
95% No
5% In process
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Supreme Court Rules in Favor of Association Declaring Amendment Adding a Covenant to Pay Assessments Valid
Board members and managers should be aware of the holding in a case recently decided by the Colorado Supreme Court. In the decision of the Court in Evergreen Highlands Association v. West, the court upheld an amendment to the Community's declaration and determined the Community had implied assessment authority, even before the amendment adding the covenant to pay assessments had been adopted. The case decision received some initial inaccruate media that reported the case gave all Owner Associations unrestricted assessment authority. That reporting was incorrect, yet the inaccurate reports were seen by many homeowners, board members and managers. We want you to be aware of what the court did hold in the Evergreen Highlands Association case and the incorrect reporting about the case.
[FULL STORY]
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Eight Simple Rules for Collecting Assessments
Has your association seen an increase in assessment delinquencies in the current economy? Many of Orten & Hindman's association clients have experienced massive recent delinquecy increases, yet others report no significant problems.
[FULL STORY]
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Legislature Reinstates Parent's Rights to Waive Children's Claims
Many associations require owners and residents to sign waivers and releases of liability prior to participating in association-sponsored events, such as a community clean-up day or recreational event. Usually, if a minor is participating, the parent is required to sign this waiver and release. In 2002, the Colorado Supreme Court determined that releases executed by parents for their children were void as a matter of public policy. However, the legislature this year passed a law making it clear that such waivers and releases are enforceable in certain circumstances.
[FULL STORY]
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How Well Do You Know Your Association?
To find out, try taking this quiz which was designed by CAI homeowner members, attorneys and accountants. All questions are ones that the contributors feel each board member should be able to answer. No fair asking your manager, attorney, accountant or other board members.
[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
July Lunch Forum (Wheat Ridge Office): Annual Legislative and Caselaw Update July 10
July Breakfast Forum (Fort Collins Office): Annual Legislative and Caselaw Update July 11
August Lunch Forum (Wheat Ridge Office): Does an Association Have a Duty to Act in Owner vs. Owner Disputes? August 7
August Breakfast Forum (Fort Collins Office): Does an Association Have a Duty to Act in Owner vs. Owner Disputes? August 8
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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 organization that provides education and resources to community associations. To find out more about CAI visit www.caionline.org
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