Community E-ssentials

May 2004 NUMBER 30   Volume 3 Issue 6  
In This Issue
Watering Restrictions, Again
The Swimming Pool Legal Checkup
Protesting Too Much – The Folly of Witholding Assessments
Seven Deadly Sins of Board of Directors
New Attorney at O&H
Q & A
Correction to Small Claims Lawsuit Article
Past Issues
NUMBER 29
April 1, 2004
Vol. 3 Issue 5
NUMBER 28
March 1, 2004
Vol. 3 Issue 4
NUMBER 27
February 1, 2004
Vol. 3 Issue 3
NUMBER 26
January 1, 2004
Vol. 3 Issue 2
NUMBER 25
December 1, 2003
Vol. 3 Issue 1
NUMBER 24
November 1, 2003
Vol. 2 Issue 12

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June Survey

Has your association ever used foreclosure as a means to collect unpaid assessments for an owner?

Yes

No

May Survey

Has your association ever used foreclosure as a means to collect unpaid assessments for an owner?

Yes

No

May Survey Results
Has your association ever used foreclosure as a means to collect unpaid assessments for an owner?

56% Yes
44% No

 
Watering Restrictions, Again

As we head into the summer season and temperatures start to rise, individual homeowners and community associations will again be faced with watering restrictions due to our continued drought conditions.
[FULL STORY]
 

The Swimming Pool Legal Checkup

As the swimming pool season rapidly approaches, associations, managers and contractors are busy with the maintenance issues involved in getting their pools ready for the Memorial Day onslaught of owners, renters, children, and guests.  Most associations do not perform a swimming pool legal checkup; however, with the proliferation of lawsuits and regulations, there are sound reasons for doing so.  Unfortunately, attorneys can–and usually do–find cause for concern with everything, and swimming pools are no exception.  However, as with all advice, professional or otherwise, it is up to the reader to listen to the advice and decide what to pay attention to and what to ignore.
[FULL STORY]
 

Protesting Too Much – The Folly of Witholding Assessments

Community associations fund the services they provide for homeowners’ benefit only through collected assessments. Delinquent homeowners often assert that they are dissatisfied with association-provided services, and so may withhold assessment payments until they become satisfied. If such delinquents are correct, isn’t the association trapped in a “death spiral,” with services becoming poorer due to inadequate funding, and collected assessments then diminishing even further?
[FULL STORY]
 

Seven Deadly Sins of Board of Directors

What are some of the ineffective, inefficient, and sometimes even illegal things Boards of Directors can do to mess up their association's, manager's, and own lives? The following are the seven deadliest sins that will prevent a Board from entering the pearly gates of community association nirvana:
[FULL STORY]
 

New Attorney at O&H
We are pleased to announce that Lori Chotiner has joined our firm as an associate attorney. Lori just moved from San Diego to Denver and brings 7 years experience as a litigator. She handles covenant and rule enforcement matters as well as other litigation matters.
 
Q & A
Each month we answer legal related questions submitted from our readers. 
[FULL STORY]
 
Correction to Small Claims Lawsuit Article

The April Newsletter article entitled “Small Claims Lawsuits—No Small Matter” stated that a claimant filing a small claims lawsuit must serve a copy of the lawsuit upon the defendant not later than 10 days before the trial date.  Please note that the actual time frame is 15 days prior to the trial date. We apologize for this error.
 

OH University
Upcoming Classes:

School of Association Leadership
BOD 204-Effective Governance and Leadership Skills
Wheat Ridge Campus:
June 10, 6:00-9:15 pm

Click here to register


School of Association Management 
MGR 102-Annual Legislative and Caselaw Update
(offered at no charge)
Wheat Ridge Campus:
July 7, 12:00-1:30 pm

Click here to register
 
Orten & Hindman, P.C.
To learn more about O&H's services, visit our website at www.ortenhindman.com
 
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Community Associations Institute
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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Published by Orten & Hindman, P.C.
Copyright © 2004 Orten & Hindman, P.C.. All rights reserved.
These materials have been prepared by Orten & Hindman, P.C. for informational purposes only and are not legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Internet subscribers and online readers should not act upon this information without seeking professional counsel. Please do not send us confidential information until you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact Tom Hindman or Loura Sanchez.
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