Community E-ssentials

May 2006 Issue 54   Volume 5 Issue 5  
In This Issue
Web Site Privacy and Use Policies Protect Community Associations and their Residents
Senate Expected To Concur With House Amendments To SB 89 And Send Bill To Governor
Revisiting The Superlien
Texas Hold ‘Em Tournaments - Is Your Association Gambling With The Law?
More On Outsourcing
Question & Answer
Past Issues
Issue 53
April 1, 2006
Vol. 5 Issue 4
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

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May Survey

How closely have you followed SB 89 (the "clean-up" bill to SB 100) since its introduction back in January?

Very closely

Fairly closely

A little

Not at all

Where do you get the information to stay current on legislative matters?

HindmanSanchez's blog (HOA Legi-Slate)

HindmanSanchez's website

HindmanSanchez's newsletter (Community E-ssentials)

The Colorado General Assembly's website (Colorado Legislature)

Through the grapevine

 [See Results]
April Survey Results



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




 

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]
 
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.)

 
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]
 
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]
 
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!

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


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


 
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

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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