HindmanSanchez Law Blog

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Written By Loura K. Sanchez | Friday, December 9, 2011 | State Legislation

With the submittal of the Sunrise Review Application by the Colorado Legislative Action Committee of CAI, the need for investigating licensing of community managers within the State of Colorado is making news.  Manager licensing task force members Dee Wolfe...

Written By Amelia J. Adair | Wednesday, December 7, 2011 | Legislative Miscellaneous

What’s happening?  A mortgage company has been telling lenders that, in order to meet FHA and VA lending requirements, Colorado community associations must waive their priority assessment lien rights (often called “super lien” rights) in order for units in their communities to obtain federally-insured mortgages. 

HindmanSanchez does not believe there is any basis for...

Written By Elina B. Gilbert | Tuesday, December 6, 2011 | Community Associations Miscellaneous

A North Carolina homeowners association recently discovered it is not immune from theft despite its efforts to minimize the risk of embezzlement.  The Parkwood Homeowners Association lost between $150,000 and $200,000 over a 2 ½ year...

Written By Loura K. Sanchez | Wednesday, November 30, 2011 | Community Associations Miscellaneous

It appears the fall-out of condominium communities losing or not renewing their FHA certifications is now beginning to hit associations.  We are starting to experience a notable increase in calls from managers, board members, mortgagees, brokers, and owners in the past month concerned and/or upset about the FHA certification process.  Most associations that were not approved or re-certified in...

Written By Melissa M. Garcia | Tuesday, November 22, 2011 | Community Associations Miscellaneous

Wind has wreaked havoc across Colorado over the past week, peaking at more than 100 mph in some areas across the Front Range. The powerful gusts have caused a variety of damage to trees, homes, and other buildings. Our office has been getting a lot of calls about trees falling on property owned by the Association or a neighboring Owner.  So who pays for damage and/or removal costs from trees...

Written By Elina B. Gilbert | Monday, November 21, 2011 | Court Decisions

Colorado law prohibits associations from adopting rules or regulations that effectively prohibit the installation of solar panels, although associations are allowed to adopt reasonable rules governing such installation, which can be based on aesthetic considerations.  Such rules must also not significantly increase the cost of...

Written By Loura K. Sanchez | Friday, November 18, 2011 | National Legislation

Andrew Fortin recently met with the Acting Head of FHA, Carol Galente and reports that there is some positive movement on the issues that CAI has been raising with FHA related to the condominium project approval process and standards. Click ...

Written By Elina B. Gilbert | Friday, November 18, 2011 | Community Associations Miscellaneous

We’ve all heard complaints about hoarders in communities and the health hazards associated with hoarding, such as the infestation of bugs and rodents.  But a condominium community in Phoenix, Arizona experienced the repercussions of hoarding when a fire caused...

Written By David A. Firmin | Wednesday, November 16, 2011 | Community Associations Miscellaneous

As owners in common interest communities continue to ask the state courts to require homeowners association's to prevent second hand smoke from entering a unit, the courts are continuing to rule that an Association has no right or obligation to prevent the migration of second hand smoke into an indivdual unit.  Most recently,  a court in Maryland...

Written By Trisha K. Harris | Wednesday, November 9, 2011 | State Legislation

As reported recently on Channel 7, the Colorado Legislative Action Committee of CAI recently submitted a Sunrise Review Application to the Department of Regulatory Agencies asking DORA to investigate...

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