Community E-ssentials

April 2006 Issue 53   Volume 5 Issue 4  
In This Issue
Crime and Punishment: Violation Hearings Aren't Just About Violations
Top 10 Myths about Meetings, Elections, and Proxies
SB 89 Update
The Secret To Keeping Mail-In Ballots Secret
Don't Leave Your Christmas Lights Up
Firm to Outsource Legal Work
Question & Answer
Past Issues
Issue 52
March 1, 2006
Vol. 5 Issue 3
Issue 51
February 1, 2006
Vol. 5 Issue 2
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

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April Survey

Does prompt enforcement of the covenants and rules increase property values in the community?

Yes, definitely

No, no real impact on values

Not really sure

If there were as many covenant protected communities as not, and you had a choice to live in a community with covenants or one without, which would you choose?

Community with covenants

Community without covenants

Don't really care either way

 [See Results]
March Survey Results


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



 

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]
 
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]
 
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.
 
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]
 

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]
 
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!
 
Question & Answer
Each month we answer legal related questions asked by our readers.
[FULL STORY]
 
Education Forums

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


 
Loura Sanchez Featured Speaker

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.


 
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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