HOA Legi-Slate

As discussed in this post, Colorado does not have a state regulatory or enforcement agency to monitor association compliance with CCIOA. Much of CCIOA's enforcement power comes from section 38-33.3-123, which provides for the mandatory award of attorney fees to the prevailing party in actions to enforce its provisions. We have heard concerns that SB 100 and SB 89 broadened the types of actions for which attorney fees are awarded. This understandable concern is actually unfounded.

Posted By HindmanSanchez In Colorado Condominium Association Law , Colorado Homeowner Association Law , SB 100/SB 89 Resources , Senate Bill 06-089: The SB 100 Clean-Up Bill 0 Comments Permalink

Signed into law on May 26th, SB 89 requires associations to adopt a written procedure by January 1, 2007, concerning how disputes between owners and the association are addressed. To assist you in complying with this requirement, we have posted three different ADR policies for your use. Click here to access these policies.

Posted By HindmanSanchez In Colorado Condominium Association Law , Colorado Homeowner Association Law , SB 100/SB 89 Resources 0 Comments Permalink

As discussed in this post, current law requires a seller, on the request of the buyer, to disclose the association's governing and financial documents listed in the most recent available version of the Colorado Real Estate Commission's sales contract. Sellers may do this by providing the required documents themselves (whether they deliver personally or through their real estate agent) or by authorizing their association to provide them to the buyer. (Although the statute speaks only to sellers authorizing their associations to disclose the documents, practically speaking, it is likely that these requests may come from sellers' real estate agents.) Chances are sellers within your community will be - or already have begun - authorizing your association to disclose these documents to the buyer. Does your association have a system in place to honor these requests efficiently and in a manner that protects association interests?

Posted By HindmanSanchez In Colorado Condominium Association Law , Colorado Homeowner Association Law , SB 100/SB 89 Resources 0 Comments Permalink

The SB 100 & SB 89 FAQs are now posted on our website. Click here to access this compilation of the questions we most often receive about SB 100 and SB 89, along with the answers to them.

Posted By HindmanSanchez In SB 100/SB 89 Resources 0 Comments Permalink

Wondering what the recent passage of SB 89 means to your association and what actions need to be taken to comply with the new law? Find out which of SB 100's requirements have been changed and what new requirements have been added. Among the topics to be covered:

• When an association must use a secret ballot
• When an association must have an audit or review and who is qualified to conduct one
• What a board member with a conflict of interest may or may not do under current law
• What changes must be made to an association's required policies & procedures to comply with SB 89's amendments and what changes are recommended to take advantage of SB 89's modifications of existing law

Please join us at this board member dinner forum on July 25, 2006 from 6:00-9:00 p.m. at our Arvada office located at: 5610 Ward Rd. #300, Arvada, CO 80002.

Click here to register or call us at 303.432.9999.

Posted By HindmanSanchez In SB 100/SB 89 Resources 0 Comments Permalink

Not sure how to approach the changes brought by SB 89? Here are some resources to help you understand and comply with the new law.

Posted By HindmanSanchez In SB 100/SB 89 Resources 0 Comments Permalink