An association’s maintenance and insurance obligations are typically set forth in the association’s covenants. However, in many instances, simply reading the maintenance and insurance provisions of the declaration will not give boards or managers clear answers. Often times, provisions of the declaration must be cross referenced and read in conjunction, and statutes consulted, before anGo to Resource
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[This Article has been updated to include changes in law effective 2021.] Short answer: Yes, an association can regulate solar panels and satellite dishes. However, an association cannot ban them in certain areas as solar panels are protected by Colorado law and satellite dishes are protected by federal law. And, the scope of the association’sGo to Resource
ONE: Your Reserve Fund Is Your Friend. Don’t Ignore It. It used to be that I would periodically field questions on financial problems due to inadequate reserves. Today, I am constantly preparing special assessment letters, reviewing loan documents, drafting reserve study policies, and generally advising on all questions related to associations experiencing financial crisis. Why?Go to Resource
The Colorado Court of Appeals recently issued a decision confirming that a board of directors that reasonably interprets a validly adopted rule or regulation of the association is protected from liability. The crux of the decision is this: If claims alleging rule violations by a board of directors or nonprofit corporation do not involve allegationsGo to Resource
OVERVIEW OF THE BASICS “Community Association” is the generic term for communities that are created pursuant to recorded covenants or other documents that create an association of the unit or homeowners. The term community association includes condominiums, homeowner associations, and housing cooperatives. These are typically organized as non-profit corporations. Condominiums. A condominium is a formGo to Resource