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September Survey Results
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Does your Association have adequate safeguards in place to prevent theft or embezzlement of association funds by a board member or manager?
69% Yes
19% No
12% Don't Know
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Court Upholds Association's Right to Enforce Its Parking Restrictions on Public Streets within the Community
Orten & Hindman recently obtained a successful outcome in Douglas county court on behalf of an association who sought to enjoin an owner from parking his vehicles on the streets of the association. The streets where the owner was parking (in front of his house) were previously dedicated to and monitored by the County. The case offers insights into a judge’s perspective and guidance to associations in pursuing covenant enforcement disputes.
[FULL STORY]
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Homeowners Object to Plea Bargain in Embezzlement Case
Reprinted from Vail Daily, Oct. 7, 2003
Several Vail homeowners associations allegedly embezzled by Brandon Outlaw are asking a district judge to reject a settlement agreement in the case.
[FULL STORY]
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Liability for Accidents on Common Property - Are Owners Liable?
Depending upon the statutes of your community, individual owners may have liability for accidents on community property. In newer communities that are subject to all of the provisions of the Colorado Common Interest Ownership Act (CCIOA), only owner associations are liable for accidents on common property, owners are not. In communities that were created before CCIOA became effective (July 1, 1992) and for newer communities that are not subject to all of CCIOA (some newer communities are exempt), individual owners MAY have liability for accidents on common property. In those communities, owners may also have liability for an injury on common property if the claim payment exceeds the policy of the association, or if the claim was not covered by the association’s policy.
[FULL STORY]
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Additional Information for HOA Bank Account Required
Board members should be prepared to provide copies of their driver’s license as well as name, address, date of birth and social security number to the association’s bank.
[FULL STORY]
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Using a Power of Attorney to Run for the Board
Community associations on occasion face the issue of whether an owner may give a non-owner a power of attorney to engage in association business, or have access to association property. A power of attorney is a legal instrument that is used to delegate legal authority to another. In the community association context, an owner may give a power of attorney to a non-owner to assert certain membership rights or otherwise act on behalf of such owner. The most common types of non-owners claiming membership rights through a power of attorney are spouses or relatives of owners, attorneys, real estate brokers and certain financial entities. The question arises, however, as to which rights and privileges may be designated to a non-owner through the use of a power of attorney.
[FULL STORY]
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What Associations Need to Know to Assist Owners in Purchasing Condominium Insurance
Most owners of single family homes know that they need homeowners insurance, but unfortunately, many owners of condominium units do not realize they need to purchase their own insurance policy until they’ve suffered a loss of property. Rather than leaving owners to discover this oversight after a loss of property has already occurred, associations may want to take a proactive stance by informing owners of their need to purchase individual insurance and help owners determine what coverage is needed.
[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
Board Member Boot Camp - Part 3 (Wheat Ridge Office): Successful Covenant & Rule Enforcement October 23
Board Member Boot Camp - Part 3 (Fort Collins Office): Successful Covenant & Rule Enforcement October 28
November Lunch Forum (Wheat Ridge Office): Aging Residents: Challenges and Opportunities November 6
November Breakfast Forum (Fort Collins Office): Aging Residents: Challenges and Opportunities November 7
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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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