Site Map
- Index
- Contact Us
- The Firm
- Attorneys
- Loura K. Sanchez
- Elina B. Hindley
- Melissa M. Garcia
- William (Bill) H. Short
- Trisha K. Harris
- Jonah G. Hunt
- Debra J. Oppenheimer
- Brianna L. Schaefer
- Brian E. Martin
- Eric R. McLennan
- George E. Meziere
- David A. Firmin
- Molly A. Foley-Healy
- Ashley M. Nichols
- Keith A. Gantenbein
- Michael C. Payne
- Carla 'Carrie' Bauer
- F. Hank Dewey
- Adam R. Newhouse
- Molly O. Pierce
- Services Offered
- News & Events
- Resources/Articles
- Tornado Resources
- Articles & Publications
- Amending and Revising Governing Documents
- Common Area Changes Require Input from Owners & Compliance with Governing Documents
- Court Sanctioned Document Amendment of Declarations of Common Interest Communities
- Five Reasons to Amend Governing Documents
- Rules of Players in Document Amendment
- Top 10 Document Amendments Myths And Misunderstandings
- To Amend or Not to Amend
- Turning Bad Documents into Good Ones
- Board Member and Association Liability
- Advice for a New Board Member
- Armed Patrol Services: Protecting the Association From Liability
- Association Safeguards: A 12-Step Program to Protect You and Your Association
- Board Removal - the Holy Grail?
- Common Area Changes Require Input from Owners and Compliance with Governing Documents
- Common Mistakes Boards Make at Annual Meetings
- Dealing with Disruptive Behavior at Board Meetings
- Directors and Officers Liability Insurance: Prior Acts Coverage
- Duties and Liabilities of Board Members (or How to Avoid Being Sued)
- E-mail Communications Are Fast, Convenient, and Possibly Dangerous
- Employment Issues In Community Associations
- Governing Effectively and Lawfully:
Policies and Procedures Every Association Should Have - Harassment In HOAs: Defining and Preventing Unacceptable Behavior
- Hold New Member Orientation to Avoid Future Legal Headaches
- Sample Code of Conduct for Board Members
- Sticks and Stones: Boards Need to Think Twice Before Filing A Defamation Claim
- Thinking Of Running For The Board? Eight Questions You Need To Ask Yourself First
- Tips for the Board Facing Recall
- Right to Remain Silent
- To Inform or Not to Inform - That Is the Question
- Top 3 New Year Resolutions for Association Boards
- Majority Rules: But what if the minority won’t stop fighting?
- 5 Ways to Avoid A Discrimination Claim
- Discriminatory Hiring
- Checklists
- A 12 Step Process to Address Discrimination Complaints
- 12 Tips for the New Board Member Following Transition
- Buildout Issues Checklist
- Checklist for Annual Disclosures as Required by CCIOA
- Checklist of Board Orientation Topics
- Checklist for Feasibility of Foreclosure
- Checklist for Feasibility of Receiverships
- Checklist for Limiting Manager Liability
- Checklist for Transition to Homeowner Control
- Checklist for Who's Responsible for What In Second Home Communities
- Checklist To Sell Association's Lien Rights
- Thinking of Running for the Board? Eight Questions You Need to Ask Yourself First
- Receive Notice of Foreclosures
- Checklist for Creating Reasonable Rules
- 6 Ways to Silence the Barking Dog
- Checklist to Help Your Association Go "Green"
- Collecting Assessments
- 10 Ways to Prepare for the Economic Slowdown
- A Practical Approach to Collecting Association Assessments
- Association Use Of Judicial Foreclosures
- Bankruptcy and Its Effect on Collection of Assessments
- Collection Agencies: Easy Answers to Difficult Problems
- Collection of Assessments: Creating a Culture of Voluntary Compliance
- Common Collection Terms
- Don't Lose Your Lien Rights
- Evaluating Your Collection Effectiveness
- Foreclosure As A Collection Tool
- Foreclosure of Assessment Liens
- How the Soldiers' and Sailors' Act will Impact Your Collections
- Ownership After a Foreclosure
- Receivers: Alternative Method to Collecting Delinquent Assessments
- Restrictive Endorsements
- Sample Collection Policy
- The Effect of Public Trustee Foreclosure on Association Liens
- The Squeaky Wheel Gets the Grease (Why Collection Policies are Essential)
- Unlucky Seven? What the Recent Upsurge of Chapter 7 Bankruptcy Filings Means for Community Association Collections
- When to Turn Over An Account for Collections
- Write Offs From Owner Bankruptcies Bankrupting Your Association?
- Changes To Colorado's Foreclosure Law Taking Effect January 1, 2008
- Bankruptcy and Collections: What you need to know
- Ways to Address Increasing Foreclosures and Delinquencies
- A Risk-Sharing Alternative to Collection Agencies
- Top 5 Defenses in Collections & How to Beat Them
- Servicemembers Civil Relief Act and Its Implications for Homeowner Associations
- The Importance of Turning Over Delinquent Assessment Accounts Early
- The Extraordinary Remedy Of Receivership
- Assignment Of An Association's Lien In Foreclosure
- Construction Defects
- Covenant and Rule Enforcement
- 10 Vital Components for Architectural Review Forms
- Avoiding Common Covenant Enforcement Defenses
- Cigarettes and Condominiums - What's A Board To Do?
- Commercial Vehicles. If it Walks Like a Duck...
- Court Upholds Amendment Prohibiting Smoking Inside Units
- Covenant Enforcement: The Role of the Business Judgment Rule
- Enforcement of Parking Restrictions
- FCC Rules on Satellite Dishes and Antennas: Questions and Answers
- Filing A ‘Notice Of Covenant Violation’ Lien
- Here Comes the Sun - Creating Reasonable Restrictions for Solar Energy Devices
- Holiday Decorations
- Holiday Decorating: A Time to Build Community Spirit – Not Stomp on It
- Leasing Restrictions
- Legal Basis for Covenants and Rules
- One Court Has Said Associations Can Bar Smoking in Owners' Units - Will Others Follow?
- Requirement To Paint Is Upheld
- Self Help: Could You vs. Should You
- Spring Brings Attack of the 3 Ps
- Successful Enforcement of Covenants, Rules and Architectural Standards/Guidelines
- The Components of a Good Rule
- 'Tis the Season - for Political Signs
- Violating the Fair Housing Act by Assessing Fines and Penalties
- When Does An FHA Violation Occur?
- When Dogs Run Wild - Dos and Don'ts In Controlling Pets
- Avoiding Covenant Enforcement Pitfalls
- Do Your Fines Work?
- Variances in the Architectural Review Process
- Covenant Violation Lien Request Form
- Is Your Political Sign Rule Enforceable?
- Financials and Reserves
- Association Taxation and Reserves
- Borrowing Money
- FHA and VA Loan Approvals
- Financial Management of the Association
- How to Cut Costs On Legal Fees
- The Consumer Price Index and Assessments
- The Importance of a Reserve Fund Investment Policy
- Tips For Protecting Your Association Finances
- Prudent Investor Rule
- Budgeting Basics
- Community Associations and the IRS
- Governing Effectively and Building Community
- Association Safeguards: A 12-Step Program to Protect You and Your Association
- Budgeting for Owner Associations: Pre and Post CCIOA
- Consensus Building for Community Associations
- Effective and Lawful Meetings
- Merger and Consolidation of Common Interest Communities
- Minutes of Association Meetings and Board Meetings
- Rights and Responsibilities: Principles for Homeowners and Community Leaders
- Sample Board Policies and Procedures (Book of Governance)
- The Role of Today's HOA Board of Directors
- The Secret To Keeping Mail-In Ballots Secret
- Transition to Homeowner Control: Avoiding Problems and Finding Solutions
- Understanding Your Association's Governing Documents
- Building "Community" Within Your Community
- Optimizing Committees in Association Governance
- HOA Answer Man Columns
- Insurance
- Anatomy of A D&O Policy
- But We Don't Live By the Water . . . Common Misconceptions of National Flood Insurance
- Insurance Coverage Gaps Are Common for Community Associations and Costly for Owners
- Insurance Gaps
- Rising Insurance Costs
- Understanding Homeowner Association Insurance
- Workers' Compensation Insurance
- What is Ordinance and Law Coverage and Why Associations Need It
- Legislation - Statutes, Ordinances, Regulations, & HOA Legislate Weblog Posts
- Municipal and County Swimming Pool Regulations For Community Associations
- 2008 Water Restrictions
- Arvada ADU Ordinance
- Colorado Common Interest Ownership Act (CCIOA)
- Colorado Revised Non Profit Act
- Colorado Statutes Dealing with Access to and Inspection of Records
- Court Sanctioned Document Amendment of Declarations of Common Interest Communities (SB221)
- FCC Otard Rule: Questions and Answers
- FCC Rule Pertaining to Satellite Dishes and Antennas
- FCC Rules on Satellite Dishes and Antennas
- Federal Flag Code
- Fire Districts Throw Cold Water On Summer Fun By Banning BBQs
- Fort Collins Nuisance Ordinance 083-2003
- Freedom to Display American Flag Act
- HB 1338 - The Homeowner Protection Act
- Myths and Realities of the Open Meetings/Executive Session Statute
- New Jersey Supreme Court Rules on Freedom of Expression and Assembly in New Jersey Community Associations
- Open Meetings/Executive Session Statute
- Satellite Dishes – Just The Facts
- Post: Charging for Association Docs In Response To Seller Requests
- Post: Charging For Documents In Post SB 100 World
- Post: Does The Colorado Clean Indoor Air Act Apply To Your HOA
- Post: Does SB 100 Apply To My HOA
- Post: Governor Owens Signs Foreclosure Bill
- Post: Handling Seller Authorizations To Disclose Association Documents to Buyers
- Post: How is SB 100 Enforced
- Post: Immigration Bill HB 06S-1017 Will Affect HOAs
- Post: The Colorado Clean Indoor Act - Its Impact on HOAs and How To Comply
- Energy Bill Going to Governor for Signature
- Water Restrictions and Xeriscaping
- HB 1270- The Energy Bill
- Sample Article for Associations Regarding Energy Effiiciency Bill
- HB 08-200 - Expansion of Prohibitions Against Discrimination
- Maintenance and Operational
- A Proactive Approach to Contracts
- Borrowing Money to Make Repairs and Improvements
- Details Are Key to Effective Management Contracts
- Details May Be “Devilish” but They’re Also Essential in RFPs and Association Contracts
- Effective Vendor and Construction Contracts
- How Good Are Your Contracts?
- Risk Proof Your Contracts
- Sample Vendor Agreement
- Snow Removal Contracts
- SWOT Analysis: An Excellent Tool for Association Planning
- Management
- A Guide to What A Manager Should and Should Not Say At A Board Meeting
- Attorneys, Managers and the Association
- Hold Harmless Clauses In Management Agreements
- Manager Liability
- Managers: 5 Ways to Avoid Unnecessary Liability
- Property Manager Liability: Lessons From and Comparisons to Other Professional Malpractice
- What Managers Need To Know About CCIOA
- When Disaster Strikes
- Meetings
- A Guide to What A Manager Should and Should Not Say At A Board Meeting
- Board Meetings: Tips for Becoming More Productive
- Common Mistakes Boards Make at Annual Meetings
- Dealing With Disruptive Behavior At Board Meetings
- Legal and Practical Aspects In Running Board Meetings
- Myths and Realities of the Open Meetings/Executive Session Statute
- Planning, Rules of Engagement, and a Firm Hand Can Make Board Meetings More Productive than Painful
- Miscellaneous
- A Place for Mom and Dad
- An Introduction to Community Association Living
- Associations Using CPA's: Is it Really Necessary?
- Best Practices Reports Published By Community Association Insititute
- Best Practices Report #1 Reserve Studies/Management (Published by Community Association Institute Research Foundation
- Best Practices Report #2 Governance, Resident Involvement and Conflict Resolution (Published by Community Association Institute Research Foundation)
- Best Practices Report #3 Strategic Planning (Published by Community Association Institute Research Foundation)
- Best Practices Report #4 Financial Operations (Published by Community Association Institute Research Foundation)
- Best Practices #5 Community Harmony (Published by Community Association Institute Research Foundation)
- Best Practices #6 Energy Efficiency (Published by Community Association Institute Research Foundation)
- Best Practices Report #7 Transition (Published by Community Association Institute Research Foundation
- Boilerplate A to Z: General Terms of an Agreement
- Class Action Lawsuits Affecting the Home
- Common Terms and Abbreviations for Community Associations
- Community Associations Must "Accommodate" Emotionally Troubled Residents
- Condo and Loft Conversions: The Keys To Successful Conversions
- Creating and Forming Colorado Resort Condominium and Planned Communities
- Dealing With Disruptive Owners, the Government and the Media
- Dealing with Harassment
- Detailed List of Board Orientation Topics
- Developer Liability Avoidance
- Homeowners Suits Against Community Associations
- How to Avoid the Mechanic Lien
- How to Prepare and Testify In Court
- How to Use Legal Services to Prevent Problems
- In-Home Business Trial
- Inspection of Association Records
- Liability for Accidents on Common Property - Are Owners Liable?
- My Board Is Breaking the Law and Doesn't Even Know It . . . What Can I Do?
- New Member Orientation
- Nuisance Guidelines
- Occupancy/Residency Restrictions
- One Court Has Said Associations Can Bar Smoking in Owners' Units - Will Others Follow?
- Preventative Law: How to Use Your Association Attorney
- Protecting Your Association's Name
- Resource Directory for Persons 50 Years of Age or Older (published by DRCOG)
- Stopping Speeders in Community
- The Credible Witness: How to Prepare and Testify in Court
- The Homebuyer and The Community Association (What You Should Know Before You Buy)
- Towing Regulations in Colorado and Front Range Communities
- Utility Easements over Common Area and Resulting Damage
- Waiver, Release, Covenant Not to Sue, and Indemnity
- What Are The Odds Of Winning: Profit Centers In Nonprofit Community Associations
- What to do When a Neighbor's Tree Strays
- What to Expect from Litigation
- What Realtors Need To Know About HOAs
- Who's the Winner? Election Challenges and How to Resolve Them
- Winterizing Documents
- 2006 Water Restrictions
- Rights and Responsibilities of Owners and Boards, Dealing With Difficult Issues and Associations and the Media
- Should Community Associations Prohibit Rentals?
- Who Does "Our" Attorney Represent Anyway?
- City of Aurora Addressing Water Rate Issues
- Top 3 New Year Resolutions for Homeowners
- Steps to Use for Successful Negotiation
- Do You Trust Me?
- Special Districts
- Amending and Revising Governing Documents
- SB100/SB 89 Resources
- SB 100 & SB 89 At A Glance
- SB 100 & SB 89 Quick Reference
- SB 100 & SB 89 What They Say & How to Comply
- SB 89 Changes Chart
- SB 89 Policy & Procedure Revision Chart
- Required and Recommended Policies & Procedures
- Sample ADR Policies for SB 89 Compliance
- Sample Language for Policy and Procedure Revisions
- Helpful Links
- HOA Liens for Sale
- Q & A
- Amending and Revising Governing Documents
- The declaration of my association does not contain any language regarding the amendment process. What approval requirements must be met in order to amend the declaration? I have been told that if th
- May a declarant-controlled board of directors unilaterally amend the bylaws to change the quorum requirement for members?
- Can our board amend the bylaws to state that a director can be removed by the board?
- Board member and Association Liability
- With the lack of interest by homeowners to serve on the board, can an association offer director compensation to increase owners’ interests and willingness to serve on boards?
- My board of directors spends thousands of dollars annually to fund social committee events. In addition, this year they spend thousands more dollars for Christmas lights, which were not included in th
- What is the liability if a homeowner association board makes a purchase over the amount that has been set in the covenants/bylaws? What is the liability of a homeowner association board if they take
- Do you know of any law cases that have held condominium boards or associations liable for the consequences of accidents that have occurred by persons having been served alcohol at condominium parties?
- I am on the board of an association with a rooftop that is accessible to all residents. Some owners are nervous about liability and want it locked off. If it is kept open, a rooftop patio was suggeste
- Are on-site, employee managers exempt from debt-collection standards? Is an HOA liable if its employee or manager violates statutes?
- Our new condo association property manager stated that the association is responsible for the replacement of the owners’ garage floor on an as needed basis. The garages are not shared with anyone – a
- Checklists
- Collecting Assessments
- Do homeowners have the right to reject the dollar amount in proposed budgets?
- If an association decides to implement the $400 annual homeowners assessment to avoid complying with all of the details in CCIOA, does it prohibit one-time, or special assessments?
- The annual meeting for our association is coming up in January. I've heard that the board of directors must obtain the approval of the owners before it can increase monthly assessments. Is this corr
- Covenant and Rule Enforcement
- My neighbor has built a fence in violation of our association’s covenants. I have reported this to the board, but they have declined to act on the matter. May I, as an individual owner, enforce the co
- May an association adopt a pool rule that requires any child fourteen or under to be accompanied by an adult of eighteen or older?
- My association’s governing documents prohibit overnight parking for any recreational vehicles or boats. However, the county laws that address parking do not restrict this. May we still enforce our g
- I strongly support a candidate in the upcoming elections and would like to place that candidate’s sign in my front yard. My association has a rule prohibiting the placement of any signs in our front y
- I want to install a 30 foot flag pole in my yard so that I can proudly display both the American flag and the flag of my favorite sport, NASCAR. After my neighbor complained of my plans to my associat
- I recently was elected to the board of my voluntary association. In the past, some boards enforced the covenants, while others did not, believing that enforcement was unnecessary. What is a board’s
- I live in a voluntary association and was recently elected to the board. In the past, some boards enforced the covenants, other boards did not. To what extent is a board responsible for enforcing the
- If an association’s governing documents are silent about fine authority, what enforcement options are available to the association?
- Does the board of directors have any control over the number of individuals living in single-family zoned residences?
- What enforcement options are available to an association where certain residents play their stereos too loud or move their televisions onto the balconies to watch sporting events?
- Some residents in our building smoke cigarettes on their balconies. As a result, smoke drifts into our windows. Can the association adopt a rule prohibiting smoking on balconies?
- A home in our single family community has a separate apartment, with a separate entrance from the primary home. Is this use a breach of our "single-family" covenant and is it also a zoning violation?
- Can an association enforce covenants restricting overnight parking on streets maintained by the city? The covenants state that there shall be no overnight parking on the streets or driveways. Is this
- Is a board of directors required to enforce an association’s covenants if it has not gotten any homeowner complaints concerning the violation?
- Governing Effectively and Building Community
- Can a declaration written in 1973, although outdated, still be used by an association?
- What is the board’s obligation in a situation where, for over 30 years, homeowners have paid for the maintenance and repair of their patios, and now a homeowner in the community is challenging this ob
- What is the hierarchy of an association’s governing documents, including any applicable laws?
- We are developer controlled but the developer doesn’t pay dues on lots it holds and still owns common elements. Can the developer vote on the association budget and who should maintain the common ele
- Does election of board members using the parliamentary procedure of acclamation, as opposed to a ballot, still constitute “voting,” placing such an election within CCIOA’s requirement for secret ballo
- When an owner knows that something needs repair in his or her unit and neglects to do it, resulting in damage to association common property, is the association responsible for repairing the damage ca
- Can the rules and regulations of an association conflict with the bylaws or declaration of the association?
- We have two people running for two positions on our association’s board of directors. Can we use the parliamentary procedure of acclamation instead of a secret ballot?
- If an HOA wants to establish committees is there a recommended number of committees for an HOA of about 150 units?
- Even though energy costs have increased significantly, condo conversions have boiler systems getting old, etc. Board members are reluctant to increase monthly dues. This causes reserve accounts to bec
- Is it better for a homeowner association to accept or refuse a registered letter sent to the registered agent for the association if the association assumes (based on the sender's name or the recent c
- Insurance
- Legislation
- What laws apply to common interest communities in Colorado?
- My association has several rules that regulate where and what type of vehicles may park within the community. The rules prohibit homeowners from leaving vehicles in their driveways or parking a commer
- I understand that CCIOA requires my association to adopt written responsible governance policies and procedures concerning such issues as the collection of unpaid assessments, enforcement of covenants
- I am optimistic that CCIOA's new requirements brought by SB 100 and SB 89 will bring positive changes to the way my association is currently being governed. Unfortunately, the current board is refusin
- I am a member of my association’s board of directors and attended one of HindmanSanchez's SB 100 classes to learn what our association needs to do to comply with the new law. A few days later, while d
- I was told that CCIOA requires associations to require alternative dispute resolution as a precondition to the filing of a lawsuit. Is this true?
- I strongly support a candidate in the upcoming elections and would like to place that candidate’s sign in my front yard. My association has a rule prohibiting the placement of any signs in our front y
- I live in a community in which all the buildings have cedar shake shingles. I want to replace this flammable roofing material with nonflammable asphalt shingles. My association is telling me I have to
- Management
- When should a property manager be bonded by a property management company? Is there a difference between bonding and fidelity insurance?
- How can one successfully and legally remove itself as managing agent from an association that has no board and no one willing to commit to being on the board? The main concern is liability to the mana
- Meetings
- It seems that there is a conflict between the Colorado Common Interest Ownership Act, which requires owners be allowed to speak before the board takes a vote, and the Colorado Revised Nonprofit Act, w
- Does the board have the authority to go into an executive session to discuss matters pertaining to an association employee, regardless of the employee’s stated preference that the matter be discussed
- Can a Colorado homeowners association board of directors prohibit owner attendance at a board of directors meeting?
- My association’s board of directors often uses email to communicate with each other in between board meetings. Is this allowed? In addition, a local newspaper, after having been contacted by some un
- Proxies can be assigned for the annual meeting. However, if a board member cannot attend a regularly scheduled board meeting, can the board give his/her proxy to another board member to be used for vo
- Miscellaneous
- What vote is required to establish a new set of Covenants in a community?
- I understand that SB 100 has several exemptions for “timeshare” communities. How do I know if my community is considered a “timeshare” and is exempted from these provisions?
- Our association is contemplating some expensive redecorating for the clubhouse. The association’s articles of incorporation state that we were incorporated as a nonprofit organization. As a nonprofi
- Is there a difference between the dissolution of an association and the termination of a common interest community and if so, how is each accomplished?
- What are the maintenance responsibilities of the association as opposed to owners? In our single family community, owners have expected us to resolve issues regarding soil compaction around their foun
- Are most legal matters encountered by HOA's in the area of civil law as opposed to criminal law? What are the standards of proof in those two respective areas of law?
- If a director is being harassed by a member of the association concerning association business, can the association pay for the legal fees and costs that the director incurs to get protections in the
- A homeowner, upon pulling up carpet in his upper unit, discovered serious cracks in the concrete sound/fire barrier floor which must be replaced prior to installing new carpet. Is this considered a st
- Policies
- I am a board member. Recently, the association hired a contractor to make some repairs to my unit. I suspected that this contractor might have been padding the bill, so I requested to see a copy of th
- I understand that CCIOA requires my association to adopt written responsible governance policies and procedures concerning such issues as the collection of unpaid assessments, enforcement of covenants
- Amending and Revising Governing Documents
- Education Programs
- Press Releases & News
- Update Contact Information
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