Community E-ssentials

April 2005 NUMBER 41   Volume 4 Issue 5  
SB 100 House Amendments from the Committee and the Floor
So What Happens Next?
Additional Pending Legislation Impacting HOAs
Colorado's Community Association Lienors Get Meaner – For Now
Aging Members: How To Deal With Members Who Cannot Care For Themselves
Q & A
Past Issues
SB 100 Update
March 31, 2005
URGENT CALL TO ACTION
March 30, 2005
NUMBER 40
March 1, 2005
Vol. 4 Issue 4
Call to Action
February 18, 2005
NUMBER 39
February 1, 2005
Vol. 4 Issue 3
Special Edition
January 20, 2005

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April Survey

Should boards be legally required to have a homeowner forum during each board meeting where owners are permitted to address the board?

Yes, but with reasonable limits on length of time

No

Not sure

Should boards be legally required to allow owners to address the board prior to the board voting on any issue?

Yes, but with reasonable limits

No

Not sure

March Survey Results

What is your opinion of the final senate version of SB 100?

In Favor    11%
Opposed   87%
Not sure      2%


 
SB 100 House Amendments from the Committee and the Floor
Amendment Will Hurt Association Enforcement of Governing Documents and Other Amendment Updates
AMENDMENTS FROM THE LOCAL GOVERNMENT COMMITTEE
On March 24, the Local Government committee passed SB 100 after adding several proposed amendments.  One proposed amendment raises grave concerns for the well-being of Colorado’s common interest communities.

[FULL STORY]
 
So What Happens Next?
The Status Of SB 100 After The Hearing
On Friday, April 1, the full House held a second reading on SB 100 with the Local Governments proposed amendments incorporated.  Several amendments offered on the floor were also passed.  Several more amendments were expected to be offered as well as a debate on some of the Local Government’s proposed amendments.  However, before this could happen, there was a motion for the House to adopt the amendments and for the adopted version of SB 100 to return to the Local Government committee for further considerations.

[FULL STORY]
 
Additional Pending Legislation Impacting HOAs
1. HB05-3211. This bill is intended to prevent secret board meetings and would require all board members to wear electronic ankle bracelets which would send out a loud audible signal to all owners whenever two or more board members came within 10 feet of each other. This bill has been nicknamed the Martha Stewart bill. This bill will also have the unintended consequence of eliminating both husband and wife from serving on the board.
[FULL STORY]
 
Colorado's Community Association Lienors Get Meaner – For Now
In a recent case, the Colorado Court of Appeals strengthened the lien rights of community associations to collect delinquent assessments when the first mortgage holder has foreclosed its lien on an association member’s unit.  Although the defeated first mortgage company in this case will certainly appeal the court’s decision to the Colorado Supreme Court, at this point, as one commentator has written, this ruling has created a class of “meanor lienor” associations.
[FULL STORY]
 
Aging Members: How To Deal With Members Who Cannot Care For Themselves
As residents of a community age, associations may be confronted with the delicate and difficult question of how to handle those residents who are no longer capable of taking care of themselves.  In some instances, these residents may pose a danger to other people or property - they might forget to turn off the stove or they may no longer see well enough to drive a vehicle.  Associations are not care providers and their roles in dealing with aging residents are not always clear.
[FULL STORY]
 
Q & A
Each month we answer legal related questions asked by our readers.
[FULL STORY]
 
The University
Upcoming Classes:

School of Association Leadership

BOD 202-Governing Documents and Statutes: What You Need to Know
Wheat Ridge Office
April 13, 6:00pm - 9:15pm

Click here to register
Manager Lunch Forums

Designing Successful and Workable Architectural Guidelines (offered at no charge)
Wheat Ridge Office
April 7, 12:00pm - 1:30pm

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 © 2005 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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