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:

2025

02/12 HOA Attorneys – How Do You Best Use Them and Save on Legal Fees?

02/19 Board Member Basics: Duties of Board Members

03/06 Insurance – Why Does it Cost So Much and What Can We Do?

03/12 Conflicts of Interest – Should We Be Concerned?

04/23 In-Depth Look at Insurance

05/14 Who is Responsible for Taking Care of “Weird Stuff” in the Community?

06/011 Required/Recommended Policies – Do you Have them and are they up to Date?

07/10 When Board Members Don’t Get Along

08/07 What You Need to Know About Contract Disputes

08/26 In-Depth Look at Insurance

10/02 Parking Violations and Towing

10/28 Document Amendments – Advance Issues

11/12 Membership Meetings: What Can Possibly Go Wrong?

 

 

 

 

 

 

Recent Publications by Elina B. Gilbert

SOLAR PANELS – DO YOU HAVE TO ALLOW THEM?

Pursuant to the Colorado Titles and Interest Statute associations cannot prohibit or otherwise place unreasonable restrictions on the installation of solar panels on owners’ properties.  Keep in mind that solar panels are not protected on general or limited common elements, so if you serve on a board of directors of a condominium community, this prohibitionGo to Resource
The latest public health order, PHO 20-38, issued May 14, 2021, has removed the mask mandate for vaccinated individuals and most people are thrilled! With the removal of the mask mandate comes the follow-up questions of what this means for opening pools, playgrounds, gyms, and the like. Below are some questions and answers concerning thisGoGo to Resource

ARE YOU AN APRIL FOOL THIS YEAR?

Almost every year this firm publishes an April Fools’ article to get folks laughing and take their minds off the daily grind.  Last year, due to the morose state of the world, we did not feel it was appropriate to publish such an article; this year, although things are much better, we are still strugglingGo to Resource

STATUTORY DEFAULTS WHEN YOUR DOCUMENTS ARE SILENT

  Do you know both CCIOA and the Nonprofit Act contain “default” provisions that kick in when your governing documents are silent?  Although there may be too many of these provisions to discuss in a single article, below are some of the more important ones: Director Qualifications:  If the governing documents are silent, a directorGo to Resource

HO HO HO!!! ARE YOU READY FOR TAX SEASON?

Many believe that associations are not required to pay taxes because they are non-profit corporations.  However, in most cases, that is not accurate.  In order for an association to be exempt from taxes, it must qualify as a tax-exempt entity under Section 501(c)(3) or (4) of the Internal Revenue Code. Section 501(c)(3) of the InternalGo to Resource
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