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February Survey Results
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Does your association have fidelity insurance?
52% Yes
28% No
20% Don't know
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Free Homeowner Workshop in Fort Collins
Orten & Hindman and Benson & Associates
Presents…
Construction Defects, Mold and Board Member Duties:
A FREE workshop for homeowner association board members, managers & homeowners.
Saturday, March 6, 2004 from 8:00 am – 12:30 pm
Marriott Fort Collins
350 East Horsetooth Road
The following topics will be presented:
Protecting Associations from Construction Defects
What is a construction defect? Who is responsible for defect deficiencies? When and how do you make a claim? These are just a few of the questions that will be answered. Board members and managers will better understand their responsibility and the steps necessary to address these important issues.
Board Member Duties and Responsibilities (how to avoid being sued)
Understanding your fiduciary duties and responsibilities is critical to your success as a board member. Lawsuits against associations and board members are on the rise. Serving on a board is more challenging (and riskier) than ever. You can’t afford not to know what your legal duties and responsibilities are.
Mold: Is there a Fungus Among us?
Molds present serious problems and health risks. This session focuses on those risks as well as mold prevention and when remediation efforts should occur. Develop an understanding of what mold means to your association and how to protect your community.
Click here for more details and to register.
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Maintenence and Insurance Charts
An association’s maintenance and insurance obligations are typically set forth in the association’s declarations of covenants. However, in many instances, simply reading the maintenance and insurance provisions of the declaration will not give boards and managers clear answers.This article explains what a maintenance and insurance chart is and how it can benefit you.
[FULL STORY]
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Fines Should Be Fine: Bad Fine Procedures Can Jeopardize Regular-Assessment Collection
Mr. Blight is $1,000 in arrears on his regular association assessments. He also has a Chevy on blocks in his driveway, violating the association’s covenant prohibiting stored vehicles, normally a $100 fine. Mr. Blight’s association refers his account to its law firm and prepares to invest an additional $500 in legal fees and costs litigating to collect. How can the Association assure that it will obtain judgment against Mr. Blight for the entire $1,600?
[FULL STORY]
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Board Amendment of Bylaws
Some associations have bylaws that allow the board of directors to unilaterally amend the bylaws without obtaining owner approval. Although this may appear to be a “handy” provision, boards may get into trouble by using it in certain situations. If your community’s bylaws contain such a provision, don’t undertake any amendments until you read the rest of this article.
[FULL STORY]
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Resolving Conflicts without Litigation: Alternative Dispute Resolution
It is an unavoidable reality that wherever there are people living in a community together, there will be some degree of conflict. Unfortunately, we can’t change the fact that some homeowners will inevitably run afoul of the association or one another, but we do have options on how to handle the conflict. Associations have many tools for resolving disputes including the power to assess fines, file liens and file lawsuits. However, there may be circumstances when the best option is to try to come to a mutually agreeable solution which will resolve the problem but maintain a sense of community.
[FULL STORY]
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Ask O&H
Each month we answer legal related questions submitted from our readers.
[FULL STORY]
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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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