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HOA Resource Center

Most Recent Items

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CCIOA Required Disclosures

As a board member or manager you are probably aware of an association’s responsibility to provide access to records in response to a member’s request. But did you know that an association has a direct obligation to disclose certain information to its members?  Section 38-33.3-209.4 of the Color Read More...
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Required Policies and What Each One Must Cover

The Colorado Common Interest Ownership Act (CCIOA) has required responsible governance policies for many years now.  In 2005, the Colorado Legislature passed a bill that amended CCIOA to require associations to adopt policies, procedures, and rules and regulations concerning multiple areas of gover Read More...
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CCIOA Insurance Requirements

Insurance is a necessary component of proper community association governance and risk management. All community associations are vulnerable to the loss of property and finances.  Board members have a fiduciary duty to protect association assets.  The association's insurance program is a key compo Read More...
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Directors and Officers – Powers, Duties and Qualifications

“Community Association” is the generic term for communities that are created pursuant to recorded covenants or other documents that create an association of the unit or homeowners. The term community association includes condominiums, homeowner associations, and housing cooperatives. These are t Read More...
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Governing Documents and the Role of Each One

By:  Elina B. Gilbert, Esq. The primary “governing documents” of an association are the declaration, articles of incorporation, and bylaws.  When properly drafted, all three governing documents work together and have separate roles addressing different aspects of associations’ governances.  Read More...
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Look Out for Sneaky Provisions in your Declarations that Bite…

By: Debra J. Oppenheimer, Esq.Trying to keep communities looking good is one of the most important goals for homeowners associations; in fact, it is one of the main reasons people purchase homes in HOAs.  Unfortunately, enforcing governing documents is not an easy task and there are oftentimes prov Read More...
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Processes for Amending Your Governing Documents

By:  Melissa M. Garcia, Esq.Are your governing documents up to date?  Do they meet the current needs of the community? Are they in compliance with the many recent changes to Colorado law?  If the answer is no then it’s time to amend.  Each of the governing documents in question can be amended, Read More...
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Tips for Spotting Problematic Contracts

By: Heather L. Hartung, Esq.Associations enter into contracts on a regular basis for various items ranging from general landscaping to major projects such as roofing and fence replacement.  Most of the time, these contracts are written on behalf of the contractors and are standard pre-printed forms Read More...
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How To Get Out of a Contract

By:  Loura K. Sanchez, Esq.Asking an attorney how to get out of a contract you have signed is a bit like asking Houdini how he escapes chains and locks.  Well, not exactly.  Often, clients come to us shortly after entering into a contract or midway through a contract when things start to deterior Read More...
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Bankruptcy Basics

Bankruptcy … it’s the “four-letter word” that nobody wants to hear.  There are two types of bankruptcies that most individuals file.  A Chapter 7 bankruptcy (also known as a “liquidation” bankruptcy) will, upon completion, discharge the owner’s debt as of the date of filing.  A Chap Read More...