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New Law Impacting HOAs

Public Right of Way Street Sign - New law for HOAs

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 […]

2022 Legislation Hits HOAs

Colorado Flag - Lady Justice - 2022 HOAs

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

Colorado Flag with gavel - limits on collection - legislative changes

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 […]

Jerry Orten and Candyce Cavanagh - 2021 Best Lawyers®

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 […]

The Fair Housing Act Expands Protections

Fair Housing Act - Small house with judge's gavel -No Quid Pro Quo

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 […]

Limits on Collection Activity

Colorado Flag with gavel - limits on collection - legislative changes

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 […]

Wrapping Up 2020

Coffee for two - wrapping up 2020

As we’re wrapping up 2020, we acknowledge it has been difficult beyond comparison, and in countless ways. Although the challenges are not yet over, for many, 2021 is the proverbial “light at the end of the tunnel”. With this year coming to a close, we wanted to take a moment of gratitude. To our clients, […]

Political Support

Women with coffee looking at computer vlog - political support

UPCOMING VOTE SEEKS TO ALLOW FOR REZONING FOR ADUS IN DENVER NEIGHBORHOOD

home - rezoning for ADUs - Tis the Season for Annual Meetings

As you may have gathered from our recent education class and article post, local ordinances pertaining to Accessory Dwelling Units (“ADUs”) are quickly and broadly changing in Colorado. Specifically, the City and County of Denver Land Use, Transportation, and Infrastructure Committee will likely be voting on permitting ADUs in certain areas of Denver on November […]

2020 HOA Legislation

legal docs - SB 20-211 - The Past, Present, & Future of Collecting Assessments. Records of HOAs and Rights of Members

HOA Information Office – Continued by the Legislature The State’s HOA Information Office and its HOA Officer were continued for 5 more years.  The State office was due to end (or “sunset”), but was renewed by HB 20-1200 (“Bill”).  The Bill also establishes a state law standard on limited religious displays on the door or […]

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