As general counsel to HOAs and community associations, we advise boards of directors and managers on how to comply with the Colorado Common Interest Ownership Act, the Colorado Revised Nonprofit Corporation Act, anti-discrimination laws, and applicable administrative regulations and statutes.
We advise association boards on day-to-day operations, including interpretation and enforcement of governing documents, fiduciary duties of directors, amending and restating governing documents, preparing and enforcing vendor contracts, board meetings, election issues, employment law, etc.
Attorney Fees and Costs That Fit Your Association
We offer the Association two choices on referral of current owner accounts to our firm. One is our “Shared Risk Assessment Collection” program where accounts are handled on contingency and the law firm shares the risk of collection with the Association. The other choice is based on our “Fixed Fees Assessment Collection.”
Revenue to Your Association
Whichever program your Association chooses, our assessment collection services provide results that owner associations need – collected assessments!
The covenants are the backbone of a community association and, when properly enforced, play an important role in preserving property values. We understand that enforcing covenants against your neighbors can be one of the most uncomfortable aspects of governing the community. However, it is part of the association’s responsibilities and one of the most visible activities of the board. It is vital to have clear covenant enforcement policies and notice and hearing procedures to efficiently enforce covenants. Obtaining voluntary compliance should be the goal of every association. If an owner does not voluntarily comply with the covenants, most associations can levy fines and even pursue court action to obtain compliance. We are available to assist the association with all levels of covenant enforcement, from drafting policies and educating owners regarding the importance of the covenants to obtaining court orders.
When it comes to litigation and dispute resolution, we provide associations and their boards with risk analysis, cost estimates and available options. In litigation or other disputes, we are strong advocates for our association clients. When voluntary compliance or dispute resolution is not possible or is unsuccessful and litigation becomes necessary, we litigate aggressively to provide associations the best chance to win the dispute. Our litigation and dispute services include the following:
- Covenant and Rule Enforcement
- Contract Disputes
- Lawsuits
- Administrative Hearings
A great community begins with a great foundation. Orten Cavanagh Holmes & Hunt serves as a powerful ally in establishing new common interest communities or communities exempt from the Colorado Common Interest Ownership Act. Our services include all aspects of community formation, from first steps to operations and governance. Some of the essential services that our attorneys provide:
Orten Cavanagh Holmes & Hunt offers expert witness report services and testimony related to all aspects of common interest communities, covenants, easements, equitable servitudes, title issues, governance and operations of owner associations and more. Our team has extensive knowledge of how and why covenants are established and communities are formed. We have recognized expertise to evaluate, report on, and testify on complicated factual situations. We provide our insight to report on the facts. Contact us if you need an expert witness.
Led by attorney John Stanek, our firm’s education law department assists and advocates for educational institutions addressing cutting-edge issues concerning the complex and constantly evolving state and federal bodies of education law. The firm represents school districts in El Paso County and throughout the state.
Special districts are quasi-municipal corporations and political subdivisions of the State of Colorado formed to provide necessary public services that a county or municipality cannot or will not otherwise provide. Similar to common interest communities, special districts have Board members, follow tailored governing documents (i.e. service plans, etc.), and require the collection of debt and enforcement of covenants. However, the laws that apply to special districts differ from those that pertain to CICs.
