The Federal Housing Administration (FHA) is not a mortgage lender—but a federal agency that insures mortgage loans from approved banks and lenders for properties that meet the FHA’s requirements. What happens on October 15, 2019? The Federal Housing Administration (FHA) finalized regulations and policy implementation guidance to establish a new condominium approval process.
Read MoreMany Homeowner Associations struggle with getting the necessary participation and votes from the Owners of their community. This can cause issues with getting a necessary quorum to conduct business, passing document amendments, or even electing Board members. Here are some strategies that Boards can take to encourage a disinterested membership to vote….
Read MoreThe Americans with Disabilities Act (“ADA”), passed in 1990, was enacted to prohibit discrimination based on disabilities. Generally, the ADA does not apply to Associations. However, if the Association has any areas open to the public (i.e. a community pool, community gym, leasing office, etc) then those portions open to the public must adhere to the ADA.
Read MoreNo, although whether an HOA can restrict or prohibit an Owner from installing Solar Panels is dependent on whether the HOA is made up of single-family homes, townhomes, or condominiums. CCIOA only addresses Solar Panels by inference at CRS 38-33.3-106.5(1.5) by stating that “an association shall not effectively prohibit renewable energy generation devices, as defined in section 38-30-168.”
Read MoreOut of all of the many powers offered by homeowners associations, covenant enforcement is likely the most well-known. Under Colorado law, every Association must have a covenant enforcement policy before an Association can pursue covenant enforcement. Do you have any Covenant Enforcement questions? Join us on June 6 for a DORA approved class at tinyurl.com/WLGJune
Read MoreFHA and ADA Pet Compliance Does that person really need a dog? The Fair Housing Act (“FHA”) and the American with Disabilities Act (“ADA”) both have statutory exceptions to pet restrictions in housing facilities. It is a widely known fact that Association pet restrictions do not apply when the pet is a certified service animal (i.e. a seeing-eye dog, or a seizure-detecting dog), however, it is less well known that there are also similar protections for emotional support animals.
Read MoreOn March 7, 2019 Colorado Governor Jared Polis signed into law an amendment to Colorado Revised Statute 38-33.3-106.5. The amendment concerns the promotion of water-efficient landscaping on Association property. While it was already official CCIOA policy to encourage the use of Xeriscaping on land owned outright by a homeowner, this recent amendment to the statute permits a homeowner to Xeriscape on a portion of the common elements under the homeowner’s care.
Read MoreFind someone to fill that pesky vacant unit! A Receivership is an equitable remedy that permits an Association to collect delinquencies by renting the property through a third party, also known as a Receiver. In a Receivership, a court approves a Receiver to act as a landlord, or property manager, of a vacant or tenant occupied property. The Receiver ensures the property is ready to rent, then finds a tenant. The tenant pays rent. The rent goes to paying the Receiver, then to the delinquency, then to any other dues owed. Lastly, whatever remains goes to the homeowner.
Read MoreA common question is whether a special assessment is covered by loss assessment insurance and to what extent. In sum, all loss assessments are special assessments, but not all special assessments are loss assessments. In general, a special assessment is a tool in an Association’s arsenal to cover maintenance expenses which are generally greater than what is available in the Association’s reserve funds. Typically, an Association’s Declaration will set forth the procedures and limitations for levying special assessments and these assessments are not covered by loss assessment insurance.
Read MoreAs you already know, in 2014 additional requirements were added to CCIOA’s collection process, including the sending of a notice of delinquency prior to transferring to an attorney for collection – a step which sometimes lacks all of the statutory requirements. When a property owner has fallen behind in assessments or has any fees against the property, CCIOA requires that, before the property owner’s file is sent to an attorney for collection, the Association must give the property owner a notice of delinquency, which must include…
Read MoreEffective September 1, 2018, Colorado Revised Statute § 6-1-713 requires “covered entities” to comply with new rules regarding the security and disposal of Personal Identifying Information, e.g., social security numbers, tax identification number, passwords, passcodes, driver’s licenses and numbers, etc. Management Companies and Homeowners Associations that handle Personal Identifying Information should adopt a policy with the following provisions…
Read MoreOn May 30, 2018, Governor Hickenlooper signed into law the Snow Removal Service Liability Limitation Act (“Act”). This Act changes what may and may not be included in a contract for snow removal and will likely have impact on any snow removal contract Associations enter into this winter.
Read MoreEffective September 1, 2018, Colorado Revised Statute § 6-1-713 requires “covered entities” to comply with new rules regarding the security and disposal of “Personal Identifying Information.” Any entity in the course of business, vocation, or occupation that maintains, stores, or processes Personal Identifying Information is a “covered entity” and must comply with the statute.
Read MoreThe Director of DORA’s Division of Real Estate adopted a position to clarify the supervision requirements of a licensed manager over an apprentice.
Read MoreOn October 14, 2016, the US Department of Housing and Urban Development’s (HUD) new rule on quid pro quo and hostile environment housing practices under the Fair Housing Act (FHA) goes into effect.
Read MoreAs was the case the past four legislative sessions, Colorado lawmakers again failed to reach a compromise on construction defect law reform, and no new state legislation on the issue will be introduced this legislative session.
Read MoreCommunity Association Managers can renew their license beginning on May 1, 2016, and must renew their license by July 1, 2016.
Read MoreOn March 3rd, U.S. Representatives Anna G. Eshoo (D-CA) and Mike Thompson (D-CA) introduced the Helping Our Middle-Income Earners (HOME) Act, H.R. 4696.
Read MoreSoon, it may be easier to get FHA re-certification approval for condominium projects, due to H.R. 3700 the “Housing Opportunity through Modernization Act” which just passed in the House and was sent to the Senate for approval.
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