Despite what many individuals believe, associations are not obligated by Colorado law to provide security services or guaranty safety of their residents, guests, or invitees. Associations are not the police and do not have police powers to deal with unlawful and criminal activities in their communities. Regardless, this does not stop owners and residents fromGo to Newsletter
Liabilities Resources
An issue that has come up quite often as of late is that of a board wanting to help its individual community members while still maintaining its fiduciary obligations to the association. Perhaps there is an owner who is struggling to afford assessments, perform upkeep on the property, or can’t afford a major repair toGo to Newsletter
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 Newsletter
Our clients frequently ask about the community’s potential legal liability for conditions and activities in the common areas or for claims asserting negligence. This article summarizes those legal standards and some of the considerations and criteria which may affect a community’s responsibility. The legal standards based on premises liability and general negligence concepts are well-settledGo to Newsletter
I want to serve on my community’s board of directors for the lucrative salary . . . said no board member ever! Nevertheless, serving on the board of directors for your community can be a satisfying and rewarding experience. But sometimes boards hit rough patches and fall under the scrutiny of their owners, who canGo to Newsletter