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July Survey Results
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Do you require participants to sign a waiver and release form before participating in association sponsored activities?
20% Yes
80% No
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Overcoming a Conflict of Interest
Imagine your community needs to hire a company to maintain the
landscaping, but has very limited funds. Suppose the board treasurer owns a
landscaping company and is more than happy to do everyone a favor and give the
association a substantially reduced rate for his services. Can the board
legally accept the treasurer’s offer? Is it a conflict of interest? Can the
treasurer vote on his own contract? Should the board accept the offer?
[FULL STORY]
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Simplified Procedures Allowed by Robert's Rules for Board Meetings
The application of Robert's Rules of Order can make a large meeting run briskly and smoothly. However, in some circumstances, the formality of Robert's Rules can actually hinder business. One such situation relevant to community associations is the application of Robert's Rules at board meetings. Most board members and managers are not aware that Robert's Rules recognizes the problem of applying formal parliamentary rules to board meetings. Robert's Rules specifically provide that in a board meeting where there are not more than about a dozen board members present, some of the formality that is necessary in a large assembly can be relaxed.
[FULL STORY]
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The FCC's Rule on Satellite Dishes and Other Antennas
Although the FCC adopted its Over-the-Air-Reception Device Rule (“OTARD Rule”) in 1996, there still seems to be confusion about how it affects homeowner associations. In short, the OTARD Rule prohibits restrictions that impair the installation, maintenance or use of satellite dishes that are less than one meter in diameter, TV antennas of any size, wireless cable antennas and customer-end antennas that receive and transmit fixed wireless signals. What does this mean for condominium, townhome and detached single family communities?
[FULL STORY]
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Association Special Assessment Found Invalid - Declaration and Limited Asessment Authority Preclude Special Assessment
In Quinn v. Castle Park Ranch Property Owners
Association, Inc., decided April 10, 2003, the Colorado Court of Appeals held
that a bylaw provision requiring approval of a majority of the owners for
expenditures over $1000 did not create authority for a majority of owners to
approve a special assessment in the amount of $17,500 per lot. The Court held
that limitations in the declaration on assessments (assessments were limited to
an average of $300 per year) precluded the special assessment imposed by the
Association under the Bylaws.
[FULL STORY]
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Checklist for Transition to Homeowner Control
Transitioning from developer control is a process not just a single event occuring at the transition meeting. Proper planning and a thorough step-by-step process can assist in maintaining good relationships between the board and the developer and insure that the board receives everything necessary to effectively govern the community. Click here for a checklist prepared by Orten & Hindman to walk you through the transition process.
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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
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
September Lunch Forum (Wheat Ridge Office): Association Books and Records and Owner Access Rights September 4
September Breakfast Forum (Fort Collins Office): Association Books and Records and Owner Access Rights September 5
Board Member Boot Camp - Part 1 (Wheat Ridge Office): Understanding Your Legal Duties and Responsibilities and Avoiding Liability September 4
Board Member Boot Camp - Part 1 (Fort Collins Office): Understanding Your Legal Duties and Responsibilities and Avoiding Liability September 9
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Suggestions
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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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