Elina Gilbert

SHAREHOLDER - TRANSACTION & EDUCATION

Phone: 303.991.2010
Elina Gilbert has practiced community association law for 24 years with Altitude Community Law, PC., with an emphasis on transactional issues such as insurance, document amendments, and real estate matters. Elina has overseen the Altitude Community Education (“ACE”) program for over 17 years, a critical part of the firm’s mission statement and overall brand. Overseeing ACE involves creation, preparation, and presentation of 25+ programs per year, including manager and board member webinars and half-day classes that provide managers with CMCA credits. She also heads up the firm’s monthly E-Newsletter, which is nationally circulated. Elina is a frequent speaker on both a local and national level, which includes CAI Law Seminars, attorney courses through the National Business Institute, national webinars through HOALeader.com, and state classes and webinars through ACE and local CAI Chapters. Elina was inducted into the College of Community Association Lawyers (“CCAL”) in 2010, which represents an elite group of attorneys determined to be the most qualified experts in the HOA industry. Elina served as co-chair of the CCAL Law Seminar Planning Committee between 2018 and 2021, which developed and created the annual Law Seminar for HOA attorneys around the country, and currently serves on the CCAL Board of Governors and as a member of the CCAL Admissions Committee. When Elina is not practicing law, she enjoys spending time with her family and dogs, doing crosswords and Sudoku puzzles, working out, taking walks, and dreaming of the day the law will allow her to have a pet moose.

Education:
B.A., University of Michigan Ann Arbor – 1993
Juris Doctorate, Cum Laude, University of Detroit Mercy School of Law – 1997

Professional Organizations:
Michigan Bar Association – Since 1997
Community Associations Institute – Since 2000
Fellow of the College of Community Association Lawyers – Since 2010
Community Associations Institute, Law Seminar Committee:  2015 -2021
Community Associations Institute, Law Seminar Planning Committee Co-Chair- 2018-2021
Admissions Committee into College of Community Association Lawyers – Since 2022
Board of Governors for College of Community Association Lawyers – Since 2023

Published Articles:

Do You Have the Qualities of the Greatest Condo/HOA Board Members?

Can You Ban Your Condo/HOA’s Renters from Paying with Government Subsidies?

HOA Permits Renters but Limits How They Pay – and Might End Up in Court as a Result

Trendwatch: Pool Monitors Versus Lifeguards

HOA Could Raise Assessments to Keep Nearby (Privately Owned) Golf Course in Business

HOA Reinvestment Fees and Transfer Fees: What’s the Difference (and $2,200 Dollars?!)?

Can Your Condo/HOA Board Be an Advocate in Votes on Amendments? Elections?

When Can Condo/HOA Board Influence Voting?

Condo/HOA Insurance: Why You Need an Inflation Checkup

What’s an HOA Managing Agent, and Should This Board Be Worried Sick?

Inflation Checkup: Are Your Condo/HOA Insurance Coverages Still Adequate?

Do You Know Everyone Who is Attending Your Condo/HOA Board Meetings?

HOA Owner Secretly Launches Zoom During Meeting: How to Respond

Who Should Run Your Condo/HOA Meetings?

Do You Really Need a Condo/HOA Meeting Parliamentarian?

Sharp Reader Wants to Create an HOA Disaster Team: 6 Tips to Get Started

HOALeader: Is it Normal for a Lakefront HOA to Deal with Lake Water Quality?

HOA Leader: Condo/HOA Noise: Silencing Those Deafening Leaf Blowers!

HOALeader: Condo/HOA Sidewalk Duties: The Perils of Board Inspections

HOALeader: Rogue Renters: What If You Punished the Investor Owner’s Other Tenants, Too?

HOALeader: Curbing Violations: Can You Punish All of a Condo/HOA Investor’s Multiple Renters?

HOALeader: Surprise, Surprise: A Critical Owner Has It Wrong on Condo/HOA Board Quorum

HOALeader: You’re Short Some Condo/HOA Board Members: Can You Act?

HOALeader: Will a Condo/HOA Manager Shortage Affect Your Community? Plus, 4 Things You Can Do to Keep a Good Manager

Common Ground Magazine March/April Edition 2024: High Times

HOALeader: What’s Up With Indiana and HOAs? First Bees, Now Lemonade Stands

HOALeader: New York’s Law: Is This the Beginning of Carbon Regulation for Condos/HOAs Across the Nation?

HOALeader: HOA Wants to Charge “Initiation” Fee: Is This Semantics or a New Fee?

HOALeader: Condo/HOA Recalls Are Spiking: Are You Doing All You Can to Avoid Them?

HOALeader: What Documents Must Your Condo/HOA Provide to Potential Buyers?

HOALeader: What You Need to Know About the Growth in Condo/HOA Recall Elections

HOALeader: The Curious Response We Got to Our Search for Condo/HOA Boards Using AI

HOALeader: What’s a Condo/HOA Inspection Policy, and Should You Have One?

HOALeader: HOA Named as a Defendant After Owner Shoots Teen Who Knocked on the Wrong Door

HOALeader: Setting Boundaries with Tenant Leads to Lawsuit: Could This Condo Have Avoided This?

HOALeader: When Condo/HOA Owners Say They Didn’t Know a Special Assessment Was Passed

HOALeader: Are More Condos/HOAs Going “Belly Up”?

Upcoming Speaking Engagements:

2024
CAI Webinar – Budding Issues: How Community Associations Can Prepare for Legalized Marijuana – May 29

Altitude In-Person Class- A Smorgasbord of Legal Stuff – June 25

Altitude Webinar – Amending Your Governing Documents — Best Practices – July 11

Altitude Webinar – Statutory Default Provisions—When Documents are Silent, what is the Answer? – August 1

Altitude In-Person Class – CCIOA v. Nonprofit Act – August 20

Altitude Webinar – Insurance — Policy Exclusions and Endorsements – September 5

Altitude Webinar – Sneaky Governing Document Provisions that Can Bite You in the Booty – October 3

Altitude Webinar –10 Myths About Meetings, Proxies, and Voting – November 7

 

 

 

 

 

 

 

Recent Publications by Elina B. Gilbert

Board Members’ Fiduciary Duties – What Does That Mean?

When homeowners get upset with their HOA board members, they oftentimes accuse directors and officers of violating their “fiduciary duties”.  But ironically, most people can neither define “fiduciary”, nor define “fiduciary duties” when asked.  So, what does “fiduciary” mean and how does it apply to board members, if at all?  These are the questions thisGo to Resource

Declaration Amendment Aids: Court Petition Process and Certified Mailing Process

Amending a set of covenants/declarations is no easy task.  Declaration amendments typically require approval from owners representing at least 67% of the total votes in the association.  To make things worse, sometimes we also see requirements for first mortgagee approvals, which means the association must obtain approval from banks to whom owners issue their mortgageGo to Resource

AMENDING YOUR GOVERNING DOCUMENTS – MYTH OR FACT

Although document amendments lead to desirable results, boards frequently refuse to utilize this tool based on commonly held preconceived notions and popular myths about the process.  This article will focus on common misconceptions when it comes to document amendments and will provide you with the actual facts about this process, which apply to both preGo to Resource

Keeping Committees From Running Amok

By: Elina B. Gilbert, Esq. Pursuant to the Colorado Revised Nonprofit Corporations Act and most governing documents, associations have authority to create, change, and disband committees, as well as the right to appoint and remove persons to/from such committees. Committees are useful tools to assist boards with managing their duties and building goodwill in theirGo to Resource
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