| To receive our e-newsletter every month, please click |
|
April Survey Results
|
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 69%
No 29%
Not sure 2%
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 47%
No 47%
Not sure 6%
|
|
|  |
|
|
SB 100 Update as of May 9: Amended SB 100 Passes!
Conference Committee Amended Superlien and Attorney Fee Provisions
Introduced in the State Senate in the beginning of the 2005 legislative session, SB 100’s journey through the Colorado General Assembly is now complete. With the re-adoption of the conference committee report by the House of Representatives on May 6 and the Senate on May 9, the bill now goes to Governor Owens who has the option to sign the bill into law or veto it. At this time, indications are that he will be signing SB 100 into law. We will continue to keep you updated as more information becomes available. Please visit our website at www.ortenhindman.com for additional background information on SB 100. Below please find summary of the SB 100’s recent history.
[FULL STORY]
|
Investing Association Funds: Be Reasonable and Prudent
The board of a homeowners association wants to exercise its discretion to invest a portion of the association’s reserve funds to make the money “work” for the association. However, since the declaration is silent on how this may be done, the board is unsure of how to proceed. How should the board exercise its discretion to invest reserve funds?
[FULL STORY]
|
Dispensing with Formalities: Tips for Expediting Small Meetings
The agenda for the board meeting sits in front of you while you patiently wait for the debate to end concerning whether the motion to discuss the community’s landscaping needs a seconding motion. Although you want to conduct association business properly, it strikes you that your five-person board of directors may not need to adhere to the strict rules of parliamentary procedure. Chances are you are correct in this common sense observation as even parliamentary books differentiate between the procedures needed for successfully running large and small meetings. Parliamentary procedure provides a method to run large meetings by regulating who can talk, when, for how long, and on what topics. However, keeping order for smaller meetings most likely does not require the same type of formal procedures.
[FULL STORY]
|
Plan B: The Newest Wave in Avoiding Construction Defect Lawsuits
A new community association is beginning to discover construction defect problems. After each rain, the common areas flood and become swampy. The asphalt has become cracked and spotted with potholes. Roofs and windows leak. Garages flood. Some homeowners have complained about drywall cracking from expansive soils. One homeowner's balcony is so deteriorated that his foot went through it. To make matters worse, the builder has stopped returning phone calls for repair requests, telling homeowners and the board they are outside of the one-year warranty period. The board members, at their wits end, believe their only remedy is to bring a construction defect lawsuit against the builder.
[FULL STORY]
|
Case of the Month: Association Recovers Attorney Fees on Appeal
A homeowners association denied approval to a proposed plan submitted by homeowners to expand their townhouse. The disgruntled homeowners sued, alleging the association had acted arbitrarily and capriciously in denying approval for the expansion. The trial court found for the association, holding that the association had acted reasonably and in good faith in refusing to approve the homeowners’ expansion plans. Nevertheless, the trial court denied the association’s motion seeking attorney fees and costs under section 38-33.3-123(1) of the Colorado Common Interest Ownership Act (“CCIOA”).
[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 101 - Success Basics for Board Members
Fort Collins Office
September 10, 9:00am - 12:15pm
BOD 203 - Enforcement of Covenants and Rules
Wheat Ridge Office
September 14, 6:00-9:15pm
Click here to register
Manager Lunch Forums
Contract Law and the Manager
Wheat Ridge Office
June 2, 12:00pm - 1:30pm
Click here to register
|
|
|
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
|
|
|
Unsubscribe
|
Orten & Hindman respects the Web and the privacy of those who use it. To unsubscribe to Community E-ssentials, click here
|
|
|
