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.
Below is a brief look into some of the general business services we provide:
Managing Disputes – General Business
We work to keep our clients out of lawsuits. To that end, we provide associations and their boards with:
- risk analysis
- cost estimates
- options for managing conflict (including mediation and arbitration)
When alternative dispute resolution proves ineffective, we litigate aggressively to win the dispute.
Contracts
Year after year, associations enter into contracts for services, including for long-term services and special projects. We assist associations and boards with negotiating and drafting contracts, interpreting existing agreements and enforcing them when contractors fail to abide by their terms. Contract services include, but are not limited to: management, employment, repairs, landscaping, patrol services, elevator maintenance, concrete installations, asphalt paving, painting, plumbing, and electrical.
Document Amendments
As communities age, their needs change, problems are identified, new laws are enacted, and governing documents become outdated. Governing documents can be amended to meet the needs of the community. The association may decide that it needs to amend and restate these documents in their entirety or simply amend a limited portion. We can review your existing documents to help you determine whether the association could benefit from an amendment and to advise you on how to proceed with garnering owner support. We draft amendments to declarations, articles of incorporation, and bylaws to help the association reach its goals and work with you throughout the approval process. Since many associations have found it difficult to obtain enough owner response to amend declarations, Colorado law permits an association to petition the court for approval of a declaration under certain circumstances. We can pursue this amendment option for the association, if necessary.
Maintenance & Insurance Charts – General Business
A maintenance chart is a comprehensive list of components in your community depicting the division of maintenance responsibility between the Association and the Owner, as determined by the governing documents. A maintenance and insurance chart adds the division of the insurance responsibility, since it is often different from the maintenance responsibility. Our attorneys are available to perform community walk-throughs and assist associations with navigation and creation of maintenance and insurance charts that provide a clear and concise delegation of the responsibilities of owners, association, and insurance companies.
Retainer Services
In addition to hourly billing, we offer retainer services. Those allow communities and associations to choose the service level that best meets their needs. Our retainer services benefits include:
- discounted fees and bundles services
- unlimited telephone calls
- attendance at a board meeting or member education
- audit response letters (as needed)
- HOA Information Office registration
