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May Survey Results
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Has your association ever used foreclosure as a means to collect unpaid assessments for an owner?
56% Yes
44% No
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Catch Them if You Can: Collecting Delinquencies Hinges on Service of Process
When other assessment collection methods fail, most associations’ declarations, as well as the Colorado Common Interest Ownership Act (CCOIA), allow associations to sue an owner personally and obtain judgment for not only the delinquent balance but all legal fees and costs. The first step to a judgment against a delinquent owner is serving the owner with a summons and complaint, requiring the owner to appear in court. Until the owner has been served in the manner required by law, the association cannot move forward to obtain, and then collect, a judgment.
[FULL STORY]
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The Problem With Pet Enforcement
Action to enforce pet restrictions can generate hostility in a community, regardless of the type of pet you are facing. People tend to view pets as family members, not property. However, despite the emotional ties, pursuant to the laws related to community associations, pets are property which may be regulated and restricted.
[FULL STORY]
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Playground Rules
As the days become longer and children are let out of school for the summer, it is the perfect time for associations to revisit their playground rules. It is important for associations that provide a common area playground to set some ground rules to avoid injury and reduce the association’s exposure to liability. In drafting your rules, the following are some helpful tips to follow:
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Q & A
Each month we answer legal related questions submitted by our readers.
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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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