Boilerplate A to Z: General Terms of an Agreement

General Contractual Provisions that should be included in all HOA contracts: A.     Use of “Will” and “May”. “Will” is a mandatory word denoting an obligation to pay or perform. “May” is a permissive word denoting an option. B.     Use of “Pronouns”. All personal pronouns used in this Agreement, whether used in the masculine, feminine, orGo to Resource

CCIOA Corner – What is a Common Interest Community?

The Colorado Common Interest Ownership Act (a/k/a CCIOA) was adopted to govern common interest communities in Colorado.  But what exactly is a “common interest community” and how do you know if your association fits into this category? Section 103 of CCIOA provides definitions of various terms used by the Statute, including the “common interest community”. Go to Resource

CCIOA Corner – Terminating Developers’ Contracts

If your community recently transitioned from developer control, you may be able to terminate some or all of the contracts entered into by the developer without penalty pursuant to Section 305 of CCIOA. Section 305 sets forth the types of contracts that are subject to this termination provision, and includes the following agreements: Management contractsGo to Resource

CCIOA Corner – Opting into CCIOA

What happens to the status of a pre-CCIOA community (i.e. community created before July 1, 1992) if it amends its governing documents?  One prevalent myth on this issue is that the community becomes a post-CCIOA community and will be subject to all provisions of CCIOA.  But this is nothing more than a myth and notGo to Resource

CCIOA Corner – Board Powers

Section 302 of CCIOA provides associations with a list of powers that may be used even if such powers are not spelled out in the associations’ declarations.  If your community is post-CCIOA (created after July 1, 1992) your board may take advantage of all the powers spelled out in Section 302 unless the governing documentsGo to Resource
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