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HOA Resource Center
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Successful Enforcement of Covenants, Rules and Architectural Standards/Guidelines
Community associations use covenants, rules, and architectural standards/guidelines to: Maintain, preserve, enhance, and protect the property values and assets of the community, Promote harmonious community living, Preserve the common scheme and harmonious design of the community. Covenants and ru Read More...
Topics: Litigation, Covenant/Rule Enforcement
Most Recent Items
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CCIOA Corner - Alterations of Units
If your community’s declaration is silent as to interior alterations of units, did you know that Section 211(a) of CCIOA authorizes owners to make improvements or alterations to their units without seeking board approval?Specifically, Section 211(a) authorizes owners in post-CCIOA communities (com Read More...
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Booting: Should it be Illegal?
Does your community use booting as an enforcement mechanism? “Booting” a vehicle involves placing a metal lock (i.e. “boot”) on one of the vehicle’s wheels making it impossible to drive or move the vehicle until the boot is removed. Although booting is not as popular as towing, it has be Read More...
Topics: Litigation, Covenant/Rule Enforcement
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Can a Board Adopt a Rule Banning Renters from Keeping Pets?
Q: Can the board adopt a rule that prohibits renters, but not owners, from having pets?A: This is a common question, particularly with condominium projects in the mountain resort areas. Many tenants in mountain communities rent on a short-term basis, and there is the perception that short-term fou Read More...
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Solar Panels: Let the Sun Shine In But Only After Approval
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 signif Read More...
Topics: Litigation, Covenant/Rule Enforcement
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So the homeowner has requested a hearing, NOW WHAT?
As board members, it is difficult to follow all the rules and requirements set forth in the governing documents and Colorado law when it comes to imposing fines and scheduling hearings. So when a request comes in from a homeowner requesting a hearing, the task seems insurmountable. However, if Read More...
Topics: Litigation, Covenant/Rule Enforcement
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Time To Review Your Covenant Enforcement Policy
What is a nuisance? How is it defined in your Association's governing documents? Is your covenant enforcement policy up-to-date and void of vague language? Get all the details and find out why this is so important in our most recent blog post.
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The FCC's Rule on Satellite Dishes and Other Antennas
Although the FCC adopted its Over-the-Air-Reception Device Rule (“OTARD Rule”) in 1996, there still seems to be confusion about how it affects homeowner associations. In short, the OTARD Rule prohibits restrictions that impair the installation, maintenance or use of satellite dishes that are les Read More...
Topics: Litigation, Covenant/Rule Enforcement
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FCC Otard Rule Concerning Satellite Dishes and Antennas: Questions and Answers
Q: Briefly explain the FCC Rule pertaining to satellite dishes and antennas.
A: On August 6, 1996, the Federal Communications Commission (FCC) adopted its Rule implementing Section 207 of the Telecommunications Act of 1996. The Rule has been amended three times since its original adoption. T Read More...
Topics: FAQ, Covenant/Rule Enforcement
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Failure to Properly Maintain Balcony Deck + Leaks to Lower Units and Common Elements + Mold = $169,000 Arbitration Award
Does your condo association have limited common element balconies? Are owners required to maintain them? Does the association and/or the owners understand the waterproofing system and how to maintain the balcony decks so that leaks don't damage the common area and other units?
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Topics: Litigation, Covenant/Rule Enforcement
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CCIOA Corner - Fine Policies
Do you know of an association that imposes fines but does not have a written policy about imposition of fines? If so, you may want to tell that association it’s in violation of CCIOA! Pursuant to Section 209.5(2) of CCIOA, an association may not impose fines against owners unless it has a “f Read More...