You don’t have to put enforcing covenants on hold just because winter weather is here. Give a cure deadline of May 1st to keep the ball rolling and keep enforcements in check! For many single-family homeowner associations, the end of the year signifies the end of the covenant enforcement cycle. Violation notices for poorly maintained […]
The HOA industry is reeling from the tragic events that took place last week in Atlanta. In yet another act of senseless violence, two lives were taken too soon. Another victim remains hospitalized in what has come to light as a targeted attack involving a disgruntled resident against management staff and other named defendants in […]
On August 10th, HB 22-1137 became law. All associations not exempt from the relevant provisions of CCIOA, must now take the following actions regarding delinquent accounts: Maintain a record of any contact with a delinquent owner, to include the type of communication (phone, email, etc.) and the date and time of contact. Before a delinquent […]
On June 3rd, Governor Polis signed Colorado House Bill 22-1137. After months of opposition and support from homeowners and other stakeholders, the new law will become effective August 10, 2022. As a result of the new law, associations will need to: Evaluate and make changes to procedures for assessment collection and covenant enforcement Update/amend existing […]
House Bill 22-1139 prohibits a common interest community from regulating the use of public right-of-ways. The new law states that associations cannot enforce a covenant, bylaw, rule or regulation that would prohibit the use of a public right-of-way that is otherwise in accordance with local government’s ordinance, resolution, rule, franchise, license or charter. The association […]
The Colorado legislative session commenced on January 12, 2022. Several bills have been introduced that, if enacted, would directly affect HOAs. Certain aspects of the 2022 legislation may adversely impact common interest community homeowners, boards of directors, managers, and other stakeholders. Those bills are: SB 22-060 To Limit Assessment Increases HB 22-1040 Homeowners’ Access to […]
Legislative Changes in July Prompts Adoption of New Policies by HOAs Recent changes to provisions in CCIOA likely contradict what your current governing documents reflect on the use of artificial turf and drought-tolerant landscaping, and the display of flags and signs. House Bills 21-1229 and 21-1310 (“Bills”) were both signed by Governor Jared Polis earlier […]
Orten Cavanagh Holmes & Hunt, LLC is pleased to announce that Candyce D. Cavanagh and Jerry Orten have been named to The Best Lawyers in America list for Community Association Law in the Colorado 2021 Edition. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal […]
On Thursday, February 11, 2021, the Department of Housing and Urban Development (“HUD”) announced that LGBTQ Americans would be protected under the Fair Housing Act (“FHA”). Initially passed in 1968, the FHA protects against housing discrimination based on race, color, religion, sex, familial status, or national origin. As originally drafted, the FHA does not extend […]
On January 21, 2021, Governor Polis signed Senate Bill 21-002 into law. The Bill effectively extends the prohibitions on creditors from taking extraordinary actions to recover debt, to June 1, 2021, resulting in limits on collection activity. There were no changes to the original Bill (SB 20-211). In June of last year, SB 20-211 was […]
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