Community E-ssentials

February 2006 Issue 51   Volume 5 Issue 2  
In This Issue
HindmanSanchez’s 2006 Predictions
Protecting The Good Name Of Your Association
The What, When, and Why Of Reserve Funds
Transitioning To A New Community Manager
Recent Court Of Appeals Decision Holds Association Not Required To Arbitrate Construction Defect Case
Question & Answer
Don't Miss CAI Day At The Capitol
Past Issues
Issue 50
January 1, 2006
Vol. 5 Issue 1
Issue 49
December 1, 2005
Vol. 4 Issue 13
NUMBER 48
November 1, 2005
Vol. 4 Issue 12
NUMBER 47
October 1, 2005
Vol. 4 Issue 11
NUMBER 46
September 1, 2005
Vol. 4 Issue 10
NUMBER 45
August 1, 2005
Vol. 4 Issue 9

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February Survey

Have you read SB 06-89, the proposed "clean-up bill" for SB 100?

Yes

No

If you have read it, are you in favor, neutral or opposed to the bill?

In favor

Neutral/No opinion

Opposed

January Survey Results
Has your association borrowed or considered borrowing money in the last 2 years?

26% Yes
74% No

Has your association imposed or considered imposing a special assessment in the last 2 years?

38% Yes
62% No

 
HindmanSanchez’s 2006 Predictions
Last year, our attorneys made a number of predictions for 2005. (Click here to view those predictions.) Out of ten predictions, we were right on eight, and the other two were probably correct, but elude accurate measurement.
[FULL STORY]
 
Protecting The Good Name Of Your Association
What’s in a name? When Shakespeare’s Juliet asked that question, she was talking about Romeo, whom she loved despite the name that placed him on the opposite side of a family feud.  Community associations asking that question today would more likely be thinking about their Web sites, because “what’s in a name” on the Web is the potential for confusion, litigation, and liability.  That’s why it is essential for a community to protect its name and control its use. 
[FULL STORY]
 
The What, When, and Why Of Reserve Funds
One of an association’s most important duties is to maintain the common elements of the community, from the roof of a condominium, to the swimming pool, to the flower beds at the entrance way.  Of course, the big question is how to pay for any maintenance, repairs, or replacement of these common elements.  
[FULL STORY]
 
Transitioning To A New Community Manager
by George Gardner, CMCA, Vice President/Director of the Condominium Division

Every condominium and homeowner association management company eventually comes face to face with the need to change the community portfolio manager. The actions taken by management company officials and boards in managing the change process can play a critical role in how effective and successful the transition is.
[FULL STORY]
 
Recent Court Of Appeals Decision Holds Association Not Required To Arbitrate Construction Defect Case
In Eagle Ridge Condominium Association v. Metropolitan Builders, the Colorado Court of Appeals held that an association was not required to arbitrate its construction defect claim against the developer and general contractor (“builders”). The builders had argued that the association was required to arbitrate by virtue of the association’s original bylaws and individual unit sales contracts, which both stipulated that any construction defect claims were to be submitted to arbitration.
[FULL STORY]
 
Question & Answer
Each month we answer legal related questions asked by our readers.
[FULL STORY]
 
Don't Miss CAI Day At The Capitol
Be a part of making the voice of HOAs heard at the Capitol by registering for CAI Day at the Capitol and then contacting your legislators and inviting them to the luncheon at the Warwick Hotel. (Not sure who represents you? Click here to find this important information out.) Let your legislators know that their presence is important to you! Click here for more event information and registration details.


 
Education Forums


Lunch Forums
For Managers


March 2
Are You In Shape for Summer?
12:00 - 1:30 PM

Arvada Office
5610 Ward Road
Suite 300
(1 mile north of I-70)

Dinner Forums
For Board Members


March 14
Success Basics for Board Members
6:00 - 9:00 PM

Arvada Office
5610 Ward Road
Suite 300
(1 mile north of I-70)

March 16
Success Basics for Board Members
6:00 - 9:00 PM

Fort Collins Office
4703-A Boardwak Drive

Click here to register

 

Don't miss a thing this legislative session!
Last year we were your go-to source for SB 100 information - this year we've made it even easier to keep you informed.  

By subscribing to our new
legislative blog - HOA Legi-Slate - you'll receive up-to-the minute information about legislative activities affecting Colorado HOAs. Click here to subscribe.
 
HindmanSanchez P.C.

To learn more about HindmanSanchez's services, visit our website at
www.hindmansanchez.com

 
Suggestions

If there's a topic you'd like to see covered in an upcoming issue or a question answered, 
email us at
QAcolumnist@
hindmansanchez.com

 
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 HindmanSanchez P.C.
Copyright © 2006 HindmanSanchez P.C.. All rights reserved.
These materials have been prepared by HindmanSanchez 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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