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HOA Resource Center
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If a neighor's tree falls on your property, who is responsible for removing it & paying for any damage caused?
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 t Read More...
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Be Careful What You Post!
A real estate professional recently was sued for a Fair Housing Act violation over a listing posted on his website, even though he was not the listing agent and did not post the content himself. The information appeared on his website through an IDX feed, which is a real estate search site that al Read More...
Topics: Liabilities
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D&O Claims in Associations
Last week I had the privilege of attending the CAI Community of Association Lawyers’ Law Seminar. In a session discussing Employment Practice Liability Insurance for association’s that have employees, the panelists, Cliff Treese, Kevin Davis and Heather Appleton explained that the current D&am Read More...
Topics: Liabilities
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Taxes and Community Associations
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 fo Read More...
Topics: Liabilities
news 
Is Your Association Prepared for Natural Disasters?
Natural disasters come in many shapes and sizes. It could be a tornado, a flood, Superstorm Sandy, or a wildfire. Regardless of the type of disaster, the devastation and loss is often overwhelming. Nothing can fully prepare someone to handle the emotional impact of a natural disaster. Howeve Read More...
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Security in Associations
We often warn clients not to use the word “security” in governing documents, rules, signs, etc. Why? Because, the creation of an appearance that the association is providing, enhancing or maintaining security can create liability. Recently, a New York woman was raped by a pizza delivery bo Read More...
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Not So Wild Life
Several months ago we wrote about wild life in associations. In that article we discussed concerns with liability if owners are injured by animals in a community and what association can do to address the growing number of wild animals in urban communities. One of the cases we discussed was a Ge Read More...
Topics: Governance, Liabilities
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Are Board Members Safe?
Yesterday, a gunman who had a long-standing dispute with his association over deed restrictions, shot and killed one person and critically wounded a second at his association's meeting in Louisville, Kentucky. The incident occured during an association meeting being held in a community church. T Read More...
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Disruptive Owners and the HOA; Dealing with Government; and Dealing with the Media
DEALING WITH THE DISRUPTIVE OWNER--"AN OUNCE OF PREVENTION"There is nothing an association can do in advance that will guarantee it will not have to cope with a disruptive owner. However, an association can do things that will make it less likely a disruptive owner will surface and that such an ow Read More...
news
How do Changes in Local Ordinances Affect Your Community Association?
The Windsor Beacon recently announced that conditional use grants (“CUGs”) may soon be allowed for E-1 estate lots of three or more acres in the Town of Windsor. CUGs are intended to allow consideration of uses which are unique in nature or character, although not specifically included as uses Read More...
Topics: Governance, Liabilities
news
Fire! Fire!
As the first round of wild fires is coming to a close, associations should take this brief breather to establish plans and procedures to address these emergency situations. Associations are in a unique position to be able to respond quickly and efficiently to fires and other natural disasters when t Read More...
Topics: Governance, Liabilities