HindmanSanchez Law Blog

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Written By Loura K. Sanchez | Thursday, January 10, 2013 | National Legislation

This morning, the Consumer Financial Protection Bureau released its federal Qualified Mortgage standard.  The new guidelines establish minimum requirements for all mortgage loans which now include association assessments. Lenders are required to prove that borrowers have the financial resources to pay mortgage principal and interest, insurance premiums, property taxes and association...

Written By David A. Firmin | Thursday, January 10, 2013 | State Legislation

In the world of homeowner associations, “transparency” is the word of the day.  On January 1, 2013, the provisions of HB1237 concerning association records went into effect.  HB1237 amends the...

Written By Loura K. Sanchez | Tuesday, January 8, 2013 | State Legislation

Get ready for an action packed legislative session!  Senator Morgan Carroll is prepared to introduce bills that will give the HOA Information Officer more power and transform the position from a collector of information and provider of resources into an enforcer and advocate for owners, or as Bill Vogrin of Side Streets call it, a HOA Czar!

In addition, manager...

Written By Loura K. Sanchez | Monday, January 7, 2013 | Community Associations Miscellaneous

We often times suggest that boards adopt a maintenance and insurance checklist that clarifies whether the association or an owner is responsible for maintaining and insuring various components within a community.

  The checklist works far better than reading...

Written By Loura K. Sanchez | Friday, January 4, 2013 | Community Associations Miscellaneous

As a non-profit corporation, your association is likely NOT immune from having to report and pay taxes.  If you are a board member for an association, it is part of your fiduciary duty to make sure that your association files its federal tax return within 75 days of the end of its tax year, which for most associations was December 31.

  Therefore, federal tax returns are due...

Written By Loura K. Sanchez | Thursday, January 3, 2013 | State Legislation

Please mark your calendars for January 9, 2013! Why? Because that is the day the 2013 Colorado General Assembly convenes. And some of us will be marking our calendars for May 9, which is the day the 2013 General Assembly will end.

In between, thirty-five senators and...

Written By Loura K. Sanchez | Wednesday, January 2, 2013 | Colorado Community Association Law

We have seen a new trend in Chapter 13 bankruptcy cases which is requiring associations to do more work to protect their interests.  Many bankruptcy courts are now requiring secured creditors, like associations, to file a notice with the bankruptcy court if the amount of assessments to be paid under or outside a plan changes.

  The rules require 60 days advance notice...

Written By Loura K. Sanchez | Friday, December 21, 2012 | Community Associations Miscellaneous

We’ve all come across rogue dog poop throughout our communities, not only is it an eyesore and smells bad, it’s also a health risk to kids and other pets.  But what’s a community to do when owners don’t pick up after their pets?  Hire a waste removal service?  Fine owners who don’t pick up after their pets?

  The problem with fining owners is that you don’t always know whose...

Written By Loura K. Sanchez | Tuesday, December 18, 2012 | Community Associations Miscellaneous

We’ve recently seen a new trend in the development of master planned communities, where developers are coming up with some creative and different ways to entice owners to their communities.  One trend sweeping the United States is Urban Farming (also known as gardening); with the idea that anyone can grow their own organic food easily.

  Developers are listening to the wants...

Written By Loura K. Sanchez | Monday, December 10, 2012 | Community Associations Miscellaneous

TOPS, a national provider of software for community association management, recently released its snapshot of the HOA Industry by the numbers.  Below are a few interesting ones that might get you thinking about your association and how it operates:

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