Updated Public Health Order
UPDATED May 31, 2021
PUBLIC HEALTH ORDER 20-38 LIMITED COVID-19 RESTRICTIONS, posted on May 31st, 2021 – Among other things, this Order implements reduced restrictions for individuals, businesses, and activities. Click to view the Summary of Changes for PHO 20-38.
BLOG – SO WHAT’S THE DEAL WITH POOLS NOW?
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. Check out this educational blog by Elina B. Gilbert and find out the most recent updates and what it means for your association!
February 16th, 2021
Colorado’s 73rd General Assembly sprung back into session this week with the introduction of HB21-1074 . This bill is aimed at providing civil immunity from COVID-related claims for entities that comply with applicable health guidelines. The bill would provide much-needed assurances to associations when they open their pools and clubhouses and would protect their community from these claims. Check out our most recent blog by Altitude Community Law’s David Firmin and see why this bill should get serious consideration by the House and Senate, as it provides needed protections for HOAs.
February 15th, 2021
As we edge closer to the reality of the vaccine becoming available to all, the big question is can Associations mandate vaccines in exchange for allowing owners and residents to use their facilities? Check out the most recent blog by Altitude’s Azra Taslimi to get an overview of the pros and cons of making the vaccine mandatory.
What’s In Your HOA Pandemic Playbook
January 19, 2020
Well, 2020 was definitely a strange year. And, while we may have all become experts at bobbing and weaving through the many unprecedented challenges of 2020, it’s time to dust off (or draft, if you never even got that far) your Pandemic Playbook, and get it ready for 2021. The following article, originally published in the 2021 Winter Newsletter for DORA, Division of Real Estate, contains some post-pandemic plays for your consideration.
COVID and Good Employee Relations
November 23, 2020
Hey, boss, my coworker just cleared her throat twice. Can you send her home? As a manager in a pre-COVID office environment, what would you have done? Maybe nothing. Overreaction by a manager could have been seen as invading someone’s personal space and intruding upon someone’s private health concerns. However, during a pandemic, it is best practice for management to require an employee to leave immediately if he/she exhibits symptoms of illness….
City of Denver Puts More Responsibilities on High-Rise Managers to Enforce Public Health Order – Is This Fair? Is This Legal?
November 12, 2020
As COVID numbers increase, the Colorado Department of Public Health and Environment (CDPHE) amended its Safer at Home Public Health Order in late October, to limit personal gatherings to no more than 10 people from a maximum of two households in addition to the mask and social distancing requirements. Certain counties, like Denver, Arapahoe, Adams, and Boulder instituted stricter public health orders on gathering sizes….
November 1, 2020
With annual meeting season upon us, along with the restrictions and complications attributable to the COVID-19 pandemic, and the need for associations to continue to conduct business, it is a fair assumption that many boards, managers, and homeowner are trying to figure out ways to take action without being physically present at a meeting. There are two ways for members to take action without needing to physically attend a meeting: (1) through the use of a proxy; or (2) through action via written ballot. While both present a viable course of action, they are not to be confused…
Public Health Orders by County:
- Adams County
- Arapahoe County
- Boulder County
- Broomfield County
- City and County of Denver
- Douglas County
- Eagle County
- El Paso County
- Jefferson County
- La Plata County
- Summit County
- Weld County
Updated Public Health Order
October 19, 2020
As the COVID-19 pandemic continues to take its course, state and local governments are still struggling to adjust to the up-and-down statistics of the pandemic. In his most recent Executive Order, Governor Polis ordered the Department of Public Health to create “levels” of restrictions based on the number of outbreaks a county has experienced. The updated Public Health Order 20-35 refers to this as a “safer at home dial”. GO TO ARTICLE
State of Colorado Public Health Order 20-28: Safer at Home
August 21, 2020
[Note: Since the date this was originally posted (March), the Safer-at-Home Order has been updated. Here is the 10th amended order, effective July 30, 2020.]
Governor Polis’s latest Safer at Home Order requirements are effective from Friday, August 21, 2020 and expire 30 days from August 21, 2020 unless otherwise stated. Changes to the Tenth Amended PHO 20-28 Safer at Home Order include:
- Updated the requirements for last call
- Clarified that the indoor limits in restaurants are “per room”
- Clarified the isolation requirements
Covenant Enforcement in a Pandemic World
August 3, 2020
2020 has been a crazy year for associations. We have all been forced to deal with new realities – many of which still pose unanswered questions. How are we going to have meetings when the state says we can only have a limited amount of people? Are we going to be able to open the pools and other amenities? Are members going to be able to make their assessment payments, which are the lifeblood of the association? GO TO ARTICLE
Virtual Meetings: General Considerations for Community Associations
July 1, 2020
Social distancing necessitated by COVID-19 has caused many community associations to temporarily delay or postpone homeowner meetings and meetings of the association’s Board of Directors. As times begin to return to some semblance of normal, holding virtual meetings using online platforms including Zoom and Webex has gained in popularity. Such technology has allowed associations to continue to operate and conduct their business during these unprecedented and difficult times. GO TO ARTICLE
Liability Insurance and COVID-19 – Are They Mutually Exclusive?
June 19, 2020
As the COVID-19 pandemic continues to wreak havoc around the world, our land of HOA Struggles is no different. As boards are busy trying to decide whether pools and playgrounds will be open this season, they oftentimes forget to look at the issue of liability insurance and whether they would be protected should an owner file a lawsuit against the association or individual board members on the basis that he/she contracted the virus on association grounds. GO TO ARTICLE
The Plus Side of COVID-19
June 10, 2020
Wha-a-t? The title of the article took your eyes this far, so please read on. First, a lawyerly disclaimer: I am one of those pesky “the glass is half-full” people. That said, I’m certainly not touting the social benefits of this insidious disease. But I’m also a firm believer that our attitudes, energy and approach to all people, things and events has to be positive. GO TO ARTICLE
Are You Using a Virtual Meeting Policy?
June 10, 2020
As COVID-19 continues its course, state health orders still limit public gatherings and how many individuals can be together indoors. Additionally, there are still plenty of people who do not feel comfortable attending public gatherings or are in a high risk category and simply cannot take the chance to be out in public surrounded by others. These circumstances have caused many associations to conduct their meetings electronically. GO TO ARTICLE
Pool Openings – What Else Should We Consider?
June 9, 2020
Now that the final health order is out addressing pool openings, it’s time for boards to make a difficult decision – boards need to decide whether their community pools will open for the season or remain closed.
There are many factors to consider when making this decision, including the association’s ability to comply with health orders (both physically and financially) and the inevitable risk of the COVID-19 virus making its way into the pool area and infecting residents. So how is a board to make this decision? GO TO ARTICLE
Final CDPHE Pool and other Personal Recreation Guidelines
June 6, 2020
View the Colorado Department of Public Health & Environment’s (CDPHE) final guidelines for pool openings and personal recreation during COVID-19 here.
Keep Your Head Above Water with the New CDPHE Pool Guidelines
June 5, 2020
So What’s the Deal with Pools Anyway?
June 4, 2020
As we continue up and down this rollercoaster ride called COVID-19, the biggest question on the table right now for community associations is what about pools? Can we open them, and if so, under what conditions? GO TO ARTICLE
Just Say No To Refund Requests
June 2, 2020
Colorado’s delay in the opening of community pools has prompted a barrage of questions, most of which start with “Why do I have to pay my assessments if I’m not allowed to use the pool?” and end with “I want a refund of my assessments because I can’t use the pool!” So, should the association refund or waive assessments because the pool isn’t open? The short answer is NO, you should not…… GO TO ARTICLE
Don’t Open Your Pools Yet
May 29, 2020
Under the updated Safer at Home Order issued by the Colorado Department of Public Health and Environment (“CDPHE”), which became effective May 26, 2020 and expires June 1, 2020, pools should still remain closed with one exception: personal training. GO TO ARTICLE
Colorado Has a Plan for Re-Opening. Do you?
May 22, 2020
We all know that Colorado is now in phase 2 of the reopening process. We’ve read that the virus isn’t going to go away soon. We’ve all heard that the method by which we lift the lockdown restrictions must be sustainable. You can look to the news, social media, various websites, the radio, etc. to find information on the various plans for re-opening the State of Colorado. GO TO ARTICLE
Perfect Pandemic Protocols for Management
May 14, 2020
Get over yourself. They don’t exist. So, let’s focus on priorities instead.
As the Legal Administrator for Altitude Community Law P.C., my style, like many others in management, has always had an emphasis on being fair. Company policies provide expectations of all employees, regardless of Department and regardless of rank. Client servicing expectations do not fluctuate depending on status or profitability of one client over another. In short, there are no different rules for different fools. Fairness is the calling card of a good manager. GO TO ARTICLE
Pool Closures under the Safer at Home Order
May 11, 2020
Memorial Day typically kicks off the pool season in Colorado. However due to the current pandemic, Boards and homeowners are beginning to wonder when, and if, the community pool will open this summer. Colorado is currently under Governor Polis’ Safer at Home Order, which is set to continue in effect until 11:59 p.m. on May 26, 2020. GO TO ARTICLE
Collecting During COVID-19? Board Considerations Amid Uncertainty
May 1, 2020
For those of us that were involved with associations in the late 2000s and early 2010s, collections were difficult. The economy was in a recession and people were unemployed or underemployed. Homeowners often owed more on their homes than they were worth and mortgage companies were foreclosing at an alarming rate. Collections were difficult because there just wasn’t enough money to go around and everyone understood that. GO TO ARTICLE
Prepare Yourselves: Bankruptcy is Coming
May 1, 2020
As we continue embracing our lives and living “la vida covid,” we have few economic certainties. Here’s what we do know: collection of assessments in Colorado has slowed but has not stopped, lender foreclosures in Colorado are being significantly delayed, and many of our friends and neighbors are struggling with reduced income or in some cases, no income at all. That loss of income will result in an uptick of owners who become delinquent on their association obligations as well, whether it’s being unable to pay assessments to being unable to afford property maintenance obligations pursuant to association covenants. GO TO ARTICLE
The COVID-19 Marathon
April 23, 2020
“This is a marathon – not a sprint, which was the easy part – now we need to pace ourselves and these distancing measures need to be sustainable.” So said Governor Polis on April 20th, when he announced the pending end of the Covid-19 Sprint, which was intended to flatten the Covid-19 Curve, and to protect the State’s critical heathcare infrastructure. GO TO ARTICLE
Covid-19: Be In The Know!
April 1, 2020
As the United States and the world in general face unchartered territory due to COVID-19, common interest communities around the country are also trying to figure out what they can do, what they can’t do, and what they should do.
To assist you with trying to figure all this out and making decisions on how your community should move forward with business, below is a compilation of prior FAQs, and a few new ones, that may help. GO TO ARTICLE
Altitude Community Law Covid-19 Protocols
April 1, 2020
As we monitor the evolving COVID-19 virus (coronavirus) developments, we are reaching out to our clients and colleagues to advise you of the steps we are taking and to assure you of our continuing availability to serve your legal needs. GO TO ARTICLE
State of Colorado Public Health Order 20-24: Stay at Home Requirements
March 26, 2020
[Note: Since the date this blog was originally posted, the Stay-at-Home Order has been updated. Here is the updated order, effective as of April 9, 2020.]
As you likely know, Governor Polis issued a state-wide lockdown last night, which took effect at 6:00 am today. I started receiving phone calls late last night from managers and board members wondering what this meant for their associations, their boards, and their ongoing activities and projects. GO TO ARTICLE
Sample Resolution Regarding Moratorium on Collections
March 23, 2020
As discussed in our last blogpost, the near future will likely bring many cases of homeowners unable to pay their assessments in a timely manner. As such, many boards may be looking at a moratorium on the collection of delinquent assessments, as a way to help homeowners catch up. GO TO ARTICLE
COVID-19 – MORE FAQs
March 18, 2020
As we continue to move through the unchartered territory of the coronavirus, we will try to keep you up to date on the various questions sent our way. Here are a few more: GO TO ARTICLE
More Alternatives to Conducting an In-Person Meeting Due to COVID-19
March 16, 2020
Delays, rescheduling, and closures due to COVID-19 will be a common theme in the next few weeks. Given the level of heightened concern regarding exposure to, and impact from, the virus, it is ok for you to delay any meetings/events that could result in the congregation and/or ongoing close proximity of people. GO TO ARTICLE
Kudos to Nextdoor: Community Building During COVID-19
March 14, 2020
I will admit that most of the time in my industry (which is HOAs) Nextdoor is not exactly seen in the best light. While it is supposed to be a neighborhood-networking site, more often than not my involvement with Nextdoor is in response to the question of: “How does the board respond to misinformation on Nextdoor?” GO TO ARTICLE
March 13, 2020
We’re getting a lot of calls about the Coronavirus and how it impacts the operations of the association. Here are a few FAQs: GO TO ARTICLE
March 13, 2020
Are you holding online board meetings? See our tips for a successful online board meeting.