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April Survey Results
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Does prompt enforcement of the covenants and rules increase property values in the community?
66% Yes, definitely 18% No, no real impact 16% 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?
57% Community with covenants 29% Community without covenants 14% Don't really care either way
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Web Site Privacy and Use Policies Protect Community Associations and their Residents
Many homeowner associations, if not most of them, have established Web sites for their communities. Unfortunately, far too few associations have also created privacy and use policies. A privacy and use policy protects residents from the theft or misuse of their personal information and helps associations reduce and manage these potential Internet risks.
[FULL STORY]
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Senate Expected To Concur With House Amendments To SB 89 And Send Bill To Governor
An amended SB 89, the SB 100 ‘Clean-up Bill,’ passed in the House on May 3 with a 64-1 vote.(Here is a link to a copy of SB 89 approved by the House.) On May 4, Senator Hagedorn requested that SB 89 be sent to conference committee, which is comprised of both House and Senate members, to reconcile the House and Senate versions. However, it appears that any outstanding issues were resolved, as the conference committee is expected to be dissolved and the Senate to concur with the House amendments as early as May 5. Once this happens, SB 89 will be sent to Governor Owens for his consideration. Visit our legislative blog, the HOA Legi-slate, at www.hoalegislate.com for information about SB 89’s contents and journey through the legislature. For example, this post, as well as this one, discusses what the current version of SB 89 contains. Like we did with SB 100, we will be creating resources to aid you in understanding and complying with the new law if the bill passes, which is expected. These resources will be posted on the HOA Legi-slate, as well as our website. Be sure to check back with the HOA Legi-Slate often to ensure you have the information you need as it becomes available. (Or, better yet, subscribe by sending an email to hoalaw@hindmansanchez.com with ‘blog subscription’ in the subject line.)
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Revisiting The Superlien
To protect against the loss of assessments when a foreclosure occurs on a unit in an association, the Colorado Common Interest Ownership Act (“CCIOA”) grants an association limited protection by providing that a portion of an association’s lien statutorily survives a foreclosure.This surviving lien is known as the “superlien.”
[FULL STORY]
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Texas Hold ‘Em Tournaments - Is Your Association Gambling With The Law?
Texas Hold ‘Em tournaments are all the rage. Local watering holes often host tournaments to encourage patronage. If your association is considering holding a tournament as a social activity for members of the association or as a funding event, there are some considerations to be aware of to keep your association, and its members, from losing their shirts to the gaming commission.
[FULL STORY]
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More On Outsourcing
Hopefully by now everyone knows that our “article” on the firm closing and outsourcing all of its work to India was indeed an April Fools Day spoof. Traditionally, we have done one (or two) spoofs on April 1 for the past four or five years. Judging from the emails we received, a number of our readers were indeed fooled. Some of our favorite responses included a request for a referral to a local firm, a reprimand for engaging in what the reader believed to be an immoral business practice, and an inquiry to whether the savings realized in labor costs would be passed onto our clients in the form of lower attorney fees. (In addition, we hope you also realized the “article” about the owner who refused to take down his Christmas lights was also a spoof.) Although we embrace the opportunity to play jokes that April Fools Day offers, we never take our responsibilities to our clients lightly – no matter what day of the year it is. We are, however, already looking forward to next April 1!
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Question & Answer
Each month we answer legal related questions asked by our readers.
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Education Forums
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Lunch Forums For Managers
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)
June 1 How Can We Make Declarations More Effective? 12:00 - 1:30 PM
Arvada Office 5610 Ward Road Suite 300 (1 mile north of I-70)
Dinner Forums For Board Members
May 20 Success Basics For Board Members 9:00 AM - 12:00 PM
Arvada Office 5610 Ward Road Suite 300 (1 mile north of I-70)
May 22 Successful Covenant and Rule Enforcement 9:00 AM - 12:00 PM
Fort Collins Office 4703-A Boardwalk Drive
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
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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