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March Survey Results
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How would you grade the quality & understandability of your association declaration drafted by the developer?
4% Awesome 23% Not Bad 33% So-So 21% Kinda Bad 19% Really Suck
What is the most difficult provision in your declaration to understand?
12% Assessment Provisions 21% Architectural & Improvement Provisions 15% Maintenance & Repair Provisions 15% Insurance Provisions 8% Definitions 29% Other
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Crime and Punishment: Violation Hearings Aren't Just About Violations
All homeowner associations have rules and regulations and most have at least some residents who violate those rules occasionally, if not repeatedly. Enforcing the rules and the association's covenants, conditions, and restrictions ("CC&Rs") is the responsibility of the association's governing board - a responsibility that some boards execute more effectively than others.
[FULL STORY]
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Top 10 Myths about Meetings, Elections, and Proxies
Misunderstanding requirements for meetings, elections, and proxies is easy given that the requirements can be determined only by a thorough review of the governing documents, the Colorado Common Interest Ownership Act (CCIOA), and the revised Colorado Nonprofit Corporation Act. The following article is intended to dispel many of the common myths and misunderstandings about meetings, elections, and proxies.
[FULL STORY]
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SB 89 Update
SB 89, originally set to be heard Tuesday, March 21 by the House Local Government Committee, was taken off the calendar to be heard at a later date. SB 89 is now scheduled to be heard at the Tuesday, April 4, Committee meeting, which begins at 1:30 p.m. in House Hearing Room 0112. SB 89 is on the agenda as the fourth bill to be heard. However, the committee may hear bills out of order. The House calendar provides that any bills not heard or completed on April 4th will be scheduled to be heard and completed on Friday, April 7th, time to be determined if necessary. We’ll keep you posted.
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The Secret To Keeping Mail-In Ballots Secret
As of January 1, 2006, all elections for association board members are required to be held by secret ballot. For votes cast at the meeting by owners physically present, this requirement may cause some minor annoyance. But how can associations structure mail-in ballots to ensure that those votes remain a secret? The answer lies in multiple envelopes – two to be exact. (Note: This method also works for directed proxies.)
[FULL STORY]
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Don't Leave Your Christmas Lights Up
In a court case reminiscent of the recent sentence imposed on the driver who used "Tilly" the dummy to drive in the HOV lane, a County Court Judge last week imposed a unique sentence on a homeowner for violating his Association’s covenants.
[FULL STORY]
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Firm to Outsource Legal Work
The rumors are true. Tom and Loura confirmed that effective April 1 the firm will outsource all of its legal work to India. In a letter to the firm’s clients Tom stated, “While I feel badly for the 45 employees we’re letting go, to stay competitive with other firms we’re forced to make this change. Indian lawyers and paralegals can do this work for a fraction of what we pay our attorneys and paralegals." The firm will keep a couple of attorneys around for awhile, but the plan is to eventually handle even board meetings and court appearances by phone from India.
The firm joins the growing number of companies outsourcing their work to foreign countries where the labor charges are a fraction of labor charges in the U.S.
The partners are scheduled to travel to New Delhi next week to wrap up the final details of this venture. APRIL FOOLS!
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Question & Answer
Each month we answer legal related questions asked by our readers.
[FULL STORY]
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Education Forums
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Lunch Forums For Managers
April 6 Can You Solve Your Parking Issues? 12:00 - 1:30 PM
Arvada Office 5610 Ward Road Suite 300 (1 mile north of I-70)
May 4 Is Restricting Renters The Answer? 12:00 - 1:30 PM
Arvada Office 5610 Ward Road Suite 300 (1 mile north of I-70)
Dinner Forums For Board Members
April 13 Successful Covenant and Rule Enforcement 6:00 - 9:00 PM
Arvada Office 5610 Ward Road Suite 300 (1 mile north of I-70)
Click here to register
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Loura Sanchez Featured Speaker
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Lorman Education Services presents:
Legal Aspects of Condominium Development and Homeowners' Associations In Colorado May, 12, 2006 9:00 AM - 4:30 PM Radisson Hotel Stapleton Plaza
Our own Loura Sanchez is a featured speaker along with Howard Beck, Beck and Cassinis, P.C.
For course description or to register click here.
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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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