Community E-ssentials

October 2005 NUMBER 47   Volume 4 Issue 11  
In This Issue
Directors and Officers Insurance
Don't Serve on the Board Without It!

Displaying Political Signs
Case of the Month: Association Successfully Defends Against Owner's Lawsuit Claiming Numerous Breaches of Fiduciary Duty
www.yourassociation.com
An Easy – And Inexpensive – Way To Make Your SB 100 Disclosures

Statutes, Good Business and Good Sense Require Effective Records Management
Sixth Annual Colorado Neighborhoods Conference and Celebration
Past Issues
NUMBER 46
September 1, 2005
Vol. 4 Issue 10
NUMBER 45
August 1, 2005
Vol. 4 Issue 9
NUMBER 44
July 1, 2005
Vol. 4 Issue 8
NUMBER 43
June 1, 2005
Vol. 4 Issue 7
NUMBER 42
May 1, 2005
Vol. 4 Issue 6
NUMBER 41
April 1, 2005
Vol. 4 Issue 5

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October Survey

Would requiring all homeowners to annually attend a 2 hour class on their responsibilities as owners living in a homeowner association be beneficial for homeowner associations?

Yes

No

Not sure

Would requiring all board members to annually attend a 2 hour class on board member duties and responsibilities result in better run homeowner associations?

Yes

No

Not sure

September Survey Results

When was the last time your board reviewed/had reviewed its D&O policy to determine if the coverage was adequate? 

28%  Never
36%  In the past 6 months
24%  Last time we switched D&O carriers
0%    This is why we have a management company - it's their job!
12%  Don't know


 
Directors and Officers Insurance
Don't Serve on the Board Without It!

Homeowner associations rely on its members to volunteer their time and energy to serve on the board of directors, and it is important that associations protect these individuals by providing them with protection against lawsuits.  Directors and officers insurance gives this necessary protection to volunteer board members against mistakes or errors they may make in governing their associations. The following article addresses the common questions that associations have concerning D & O coverage.
[FULL STORY]
 
Displaying Political Signs
All around Colorado signs declaring support – or nonsupport – for Referendums C & D are springing up as Election Day, November 1, draws nearer. Associations must remember that in the wake of SB 100’s passage on June 6 that homeowners have the right by state law to display political signs, regardless of what the governing documents of their association may say about such displays.
[FULL STORY]
 
Case of the Month: Association Successfully Defends Against Owner's Lawsuit Claiming Numerous Breaches of Fiduciary Duty
The Denver County Small Claims Court recently ruled in favor of an association in a lawsuit brought against it by a disgruntled owner. The owner unsuccessfully alleged the board of directors breached its fiduciary obligations by refusing him access to association records, imposing a special assessment, and taking other “unauthorized” actions.
[FULL STORY]
 
www.yourassociation.com
An Easy – And Inexpensive – Way To Make Your SB 100 Disclosures

As of January 1, 2006, homeowner associations will be required to make certain annual disclosures.  The law allows these disclosures to be made four ways, one of which is by posting the information on an internet web page with notice of the web address sent either by first-class mail or e-mail to all owners. Each association must decide (and fairly soon) what method of disclosure will work best for it.  For most associations, posting the information on a website will prove to be the easiest and least expensive way to ensure compliance with this section of SB 100.
[FULL STORY]
 
Statutes, Good Business and Good Sense Require Effective Records Management
A homeowner association is really a small business, and like any business, it generates volumes of documents. Invoices, bank statements, minutes of board meetings, contracts, communications with owners and vendors, committee reports — the list is endless and the document management task can be onerous.
[FULL STORY]
 
Sixth Annual Colorado Neighborhoods Conference and Celebration
DON’T MISS THE SIXTH ANNUAL COLORADO NEIGHBORHOODS CONFERENCE & CELEBRATION  “Best Practices for Neighborhoods” Please join the Neighborhood Resource Center of Colorado at its annual conference to exchange ideas for strengthening your community for the future, to learn about the effects of SB 100 on your homeowner’s association, and to network with other community leaders from around the state! Attend panels discussing such topics as dealing effectively with covenants and code enforcement, problem properties, how to work with local government boards and commissions, and tips on how to build community in your neighborhood. This event, hosted by The City of Aurora, is taking place on October 15, 2005, from 8:30 a.m. to 1:30 p.m. at the Aurora Municipal Center, 15151 East Alameda Parkway. For more information please call the Neighborhood Resource Center at (303) 477-0023 or check its website at www.nrc-neighbor.org.
 
The University
Upcoming Classes:

D&O Seminars
October 17, 2005 and October 18, 2005

Click here to register

SB 100 Seminars

October 19, 2005
Wheat Ridge Office
6:30 - 9:00 PM

Click here to register


School of Association Management

Voting Nightmares
Wheat Ridge Office
November 3 - 12:00 - 1:30pm

School of Association Leadership

BOD 204 - Effective Governance and Leadership Skills
Wheat Ridge Office
October 12, 6:00pm  - 9:15pm


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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