Colorado HOA Forum HOA HOMEOWNER ADVOCATES

HOA GOVERNANCE/CCR'S/GOVERNING DOCUMENTs

A community website is a must and can be provided by the management company. What it should include. Our proposed Bill to implement an out of court dispute resolution process within the State HOA Office Flow chart of proposed dispute resolution HOA home closing documentation and disclosure and State-wide data base NO LEGISLATION REQUIRED? Flow chart of proposed dispute resolution process What an HOA fine and assessment policy should like Colorado Common Interest Ownership Act (CCIOA): the law in CO 2023 and Research Tool
Reference/Topical Guide to CCIOA HOA laws: State, Federal, local
HOAs, not management companies, own and manage governing documents
Research HOA Law Overview to CCIOA
HOAs Right of Entry into your home What records your HOA retains and your access rights, what HOA information is restricted Your HOA governing documents can be changed by a court action even when homeowners reject the proposal? Explanation on how HOA governing documents are changed
Adopting, Amending and Repealing “Operating Rules” in Homeowners Associations Rules vs Covenants Dissolving your HOA Rental Restrions: short term Rental Restrictions
Sunset Review of State HOA Office recommends dispute resolution
Note only: Buyer and Realtor Should Acknowledge Understanding of CCRs Prior to Closing on Home
Boards and Non-Disclosure Agreements Easements Overview/liability
Proxy voting Proxy vs Vote by Mail? HOA governing documents explained
Consider limits on breed, size and weight of dogs in senior communities
HOA Board Member Recall: first read your governing documents, this is a guide
Statute of limitations & grandfathering in CCR Violations
HOA and Traffic Enforcement
Note only: Read your HOA governing documents prior to filing any complaint with your HOA!
Note only: State HOA Office doesn't conduct complaint investigations or provide legal advice Judicial Deference by Courts gives wide discretion to Boards and why it is difficult for homeowners to win court
Note only: Want to park your commercial vehicle in the driveway: check your HOA governing document for restrictions (before you move in!) Condo mold issue: mold issue is not resolved by pouring bleach on mold or paintng over mold Limited Common Elements
Finesby-laws: CCIOA 38-33.3-306. Bylaws requires the HOA by-laws to state the process Guide to Covenant Enforcement Judicial Deference provides basis for subjective, partial or no enforcement of HOA covenants and rules Checklists: Developer to Homeowner Transition from Developer to Homeowners checklist 1: make sure the HOA reserve fund has been funded by the developer upon transition Transition from Developer to Homeowner checklist 2 checklist 3 Review the verbiage of Master Association Policy Meetings Conducting Meetings: Roberts Rules of Order: simplified Roberts Rules of Order Cheat Sheet Roberts Rules of Order: General Notices, Agenda...... Understanding the Role of the HOA Management Company Free: Homeowner Guide to CCRs Quick explanation of Declaration of CCR's, by-laws, and all HOA governing documents. Look up your HOAs Governing Documents from County Records: caution -- may not be up to date or accurate Restating & Updating HOA Governing Documents HOA Declaration, by-laws and rules Guide to HOA Documentation required for home closing Note: With few exceptions, Board Members must be property owners: review your HOAs governing documents HOA Pending Litigation and Special Assessments lacking transparency HOA Reform at no cost to taxpayers, HOAs or business Should HOA Board Members be Licensed? HOAs and Traffic Enforcement HOA Traffice Enforcement Overview Not all HOAs are the Same HOAs and Term Limits Is your HOA governed by CCIOA: overview of HOA's formed before and after 1992 Non-compliance with covenants can be costly, this one cost homeowner $75,000 Note: Construction Defects litigation pursued by a Board must gain the approval of homeowners Article on Construction Defects Construction Defects Statute of Limitations Metro Districts Overview Generally, a Board Member can only be compensated for expenses related to the HOA but unless stated in the HOA Governing Documents that allows for compensation it is not permitted. HOA insurance overview and special assessments HOA Emergency and Disaster Planning Xeriscape Law Xeriscape Overview
Solar Law Solar Overview Mixed -use HOAs: items to be addressed Smoking Restrictions Smoking Restrictions: simple guide to implement Smoking Restrictions: implementing a polcy Colorado Clean Air Act Expanded HOAs and Fences
Home PAGE Records Retention HOA Insurance summary Insurance requirements CCIOA 38-33.3-313. Insurance Policies your HOA must have in their governing documents Excluding children from using amenities or attending community events Right to Farm: chickens in HOAs and issues with nearby farms SLAPP legal suits to keep homeowners silent Note: HOA can't be licensed, only professions are licensed,. An HOA property manager can be licensed by the State (but are not) Business Judgement Rule Surveillance Cameras Note: Develop a community website Homeowners Guide-Handbook Sample Emergency Planning Guide How to survive an active shooter event at your HOA: include in emergency planning 17 Unenforceable Rules 10 Defenses to Fight Enforcement of Covenants HOAs and Fair Housing Foreclosure: verify this information is applicable to Colorado, read the latest version of CCIOA for the most current foreclosure information. HOA Foreclosue Overview All about Foreclosures Avoiding Freclosure Overview of Colorado Foreclosure Law Foreclosure Self-Help Are HOAs Racist? "Injunctive Relief", your HOA complaint and the courts ***If you are buying into a mixed-use community (commercial and residentia) read this article Note only: Read your HOA governing documents prior to filing any complaint with your HOA! Note only: State HOA Office doesn't conduct investigation and resolution of HOA home owner complaints: legislation required to change HOAs and Towing File a towing complaint
Non-disclosure Agreements for Board Members? Renting in an HOA: HOA and renter's protections needed Rental Restriction Statement: sample, for use in changing governing documents Rental Caps: limits on number of rentals If you don't want short term rentals (AIRBNB type) in your HOA change your governing documents Recall Elections/Elections Comprehensive Guide on Recall Elections HOA Board Recall HOA Board Member Recall: first read your governing documents, this is a guide Another article on recalls Election guide Electronic voting allowed in Colorado Six election problems to be avoided Cynics Guide to HOA Elections SIGNED INTO LAW: HB 21-1310, HOA Flag Bill, spreads divisiveness, hate HOA: Signs, Flags, Messaging HB 21-1310, the new law means: any message, anytime, political signs year around. Meetings, Notices, Agendas HOA Open vs Closed Meetings How to Fight the HOA/Board to enforce your rights HOAs and service animals in common areas See "Seniors and Disabled" page for more on pets and HOAs Child care businesses allowed in HOAs: SB 126 Managing the HOA from Property Manager's Perspective Condo Budget Template, present to owners in an understable format Pet Polices, service and emotional support animals Article 1 Article 2 Dog Parks within HOAs: don't act too quickly, coming soon
A community website is a must and can be provided by the management company. What it should include. Our proposed Bill to implement an out of court dispute resolution process within the State HOA Office Flow chart of proposed dispute resolution HOA home closing documentation and disclosure and State-wide data base NO LEGISLATION REQUIRED? Flow chart of proposed dispute resolution process What an HOA fine and assessment policy should like Colorado Common Interest Ownership Act (CCIOA): the law in CO 2023 and Research Tool
Reference/Topical Guide to CCIOA HOA laws: State, Federal, local
HOAs, not management companies, own and manage governing documents
Research HOA Law Overview to CCIOA
HOAs Right of Entry into your home What records your HOA retains and your access rights, what HOA information is restricted Your HOA governing documents can be changed by a court action even when homeowners reject the proposal? Explanation on how HOA governing documents are changed
Adopting, Amending and Repealing “Operating Rules” in Homeowners Associations Rules vs Covenants Dissolving your HOA Rental Restrions: short term Rental Restrictions
Sunset Review of State HOA Office recommends dispute resolution
Note only: Buyer and Realtor Should Acknowledge Understanding of CCRs Prior to Closing on Home
Boards and Non-Disclosure Agreements Easements Overview/liability
Proxy voting Proxy vs Vote by Mail? HOA governing documents explained
Consider limits on breed, size and weight of dogs in senior communities
HOA Board Member Recall: first read your governing documents, this is a guide
Statute of limitations & grandfathering in CCR Violations
HOA and Traffic Enforcement
Note only: Read your HOA governing documents prior to filing any complaint with your HOA!
Note only: State HOA Office doesn't conduct complaint investigations or provide legal advice Judicial Deference by Courts gives wide discretion to Boards and why it is difficult for homeowners to win court
Note only: Want to park your commercial vehicle in the driveway: check your HOA governing document for restrictions (before you move in!) Condo mold issue: mold issue is not resolved by pouring bleach on mold or paintng over mold Limited Common Elements
Finesby-laws: CCIOA 38-33.3-306. Bylaws requires the HOA by-laws to state the process Guide to Covenant Enforcement Judicial Deference provides basis for subjective, partial or no enforcement of HOA covenants and rules Checklists: Developer to Homeowner Transition from Developer to Homeowners checklist 1: make sure the HOA reserve fund has been funded by the developer upon transition Transition from Developer to Homeowner checklist 2 checklist 3 Review the verbiage of Master Association Policy Meetings Conducting Meetings: Roberts Rules of Order: simplified Roberts Rules of Order Cheat Sheet Roberts Rules of Order: General Notices, Agenda...... Understanding the Role of the HOA Management Company Free: Homeowner Guide to CCRs Quick explanation of Declaration of CCR's, by-laws, and all HOA governing documents. Look up your HOAs Governing Documents from County Records: caution -- may not be up to date or accurate Restating & Updating HOA Governing Documents HOA Declaration, by-laws and rules Guide to HOA Documentation required for home closing Note: With few exceptions, Board Members must be property owners: review your HOAs governing documents HOA Pending Litigation and Special Assessments lacking transparency HOA Reform at no cost to taxpayers, HOAs or business Should HOA Board Members be Licensed? HOAs and Traffic Enforcement HOA Traffice Enforcement Overview Not all HOAs are the Same HOAs and Term Limits Is your HOA governed by CCIOA: overview of HOA's formed before and after 1992 Non-compliance with covenants can be costly, this one cost homeowner $75,000 Note: Construction Defects litigation pursued by a Board must gain the approval of homeowners Article on Construction Defects Construction Defects Statute of Limitations Metro Districts Overview Generally, a Board Member can only be compensated for expenses related to the HOA but unless stated in the HOA Governing Documents that allows for compensation it is not permitted. HOA insurance overview and special assessments HOA Emergency and Disaster Planning Xeriscape Law Xeriscape Overview
Solar Law Solar Overview Mixed -use HOAs: items to be addressed Smoking Restrictions Smoking Restrictions: simple guide to implement Smoking Restrictions: implementing a polcy Colorado Clean Air Act Expanded HOAs and Fences
Home PAGE Records Retention HOA Insurance summary Insurance requirements CCIOA 38-33.3-313. Insurance Policies your HOA must have in their governing documents Excluding children from using amenities or attending community events Right to Farm: chickens in HOAs and issues with nearby farms SLAPP legal suits to keep homeowners silent Note: HOA can't be licensed, only professions are licensed,. An HOA property manager can be licensed by the State (but are not) Business Judgement Rule Surveillance Cameras Note: Develop a community website Homeowners Guide-Handbook Sample Emergency Planning Guide How to survive an active shooter event at your HOA: include in emergency planning 17 Unenforceable Rules 10 Defenses to Fight Enforcement of Covenants HOAs and Fair Housing Foreclosure: verify this information is applicable to Colorado, read the latest version of CCIOA for the most current foreclosure information. HOA Foreclosue Overview All about Foreclosures Avoiding Freclosure Overview of Colorado Foreclosure Law Foreclosure Self-Help Are HOAs Racist? "Injunctive Relief", your HOA complaint and the courts ***If you are buying into a mixed-use community (commercial and residentia) read this article Note only: Read your HOA governing documents prior to filing any complaint with your HOA! Note only: State HOA Office doesn't conduct investigation and resolution of HOA home owner complaints: legislation required to change HOAs and Towing File a towing complaint
Non-disclosure Agreements for Board Members? Renting in an HOA: HOA and renter's protections needed Rental Restriction Statement: sample, for use in changing governing documents Rental Caps: limits on number of rentals If you don't want short term rentals (AIRBNB type) in your HOA change your governing documents Recall Elections/Elections Comprehensive Guide on Recall Elections HOA Board Recall HOA Board Member Recall: first read your governing documents, this is a guide Another article on recalls Election guide Electronic voting allowed in Colorado Six election problems to be avoided Cynics Guide to HOA Elections SIGNED INTO LAW: HB 21-1310, HOA Flag Bill, spreads divisiveness, hate HOA: Signs, Flags, Messaging HB 21-1310, the new law means: any message, anytime, political signs year around. Meetings, Notices, Agendas HOA Open vs Closed Meetings How to Fight the HOA/Board to enforce your rights HOAs and service animals in common areas See "Seniors and Disabled" page for more on pets and HOAs Child care businesses allowed in HOAs: SB 126 Managing the HOA from Property Manager's Perspective Condo Budget Template, present to owners in an understable format Pet Polices, service and emotional support animals Article 1 Article 2 Dog Parks within HOAs: don't act too quickly, coming soon
The Colorado HOA Forum should not be used as a guide or source for legal advice or a substitution for gaining legal advice on pursuing litigation.