Litigation Resources

CCIOA Corner – Alterations of Units

Filed Under Amending Your Governing Documents, Enforcement and Fines, Governance, Litigation

Posted February 1, 2012

If your community’s declaration is silent as to interior alterations of units, did you know that Section 211(a) of CCIOA authorizes owners to make improvements or alterations to their units without seeking board approval? Specifically, Section 211(a) authorizes owners in post-CCIOA communities (communities created after July 1, 1992) to make improvements and alterations inside theirGo to Resource

Questions to Ask Prior to Proceeding with a Receivership Action

Filed Under Collections, Litigation

Posted February 1, 2012

Given the state of today’s economy, Associations are facing increased delinquencies. Proceeding with a lawsuit after an owner has failed to respond to the attorney’s thirty-day demand letter is not always the best option. For example, the property may be owned by an entity such as an LLC, which may be difficult to collect from. Go to Resource

Have you heard about G.A.P.?

Filed Under Collections, Litigation

Posted February 1, 2012

G.A.P. is an innovative program which has met with such great success in Florida that its creators decided it was time to debut it in the Mile High (and surrounding) cities. What is G.A.P., you ask? It stands for “Guaranteed Assessment Program.”…. and that’s exactly what it is! This insurance program is specifically designed toGo to Resource

Can a Board Adopt a Rule Banning Renters from Keeping Pets?

Filed Under Enforcement and Fines, Litigation, FAQs

Posted January 3, 2012

Q: Can the board adopt a rule that prohibits renters, but not owners, from having pets? A: This is a common question, particularly with condominium projects in the mountain resort areas. Many tenants in mountain communities rent on a short-term basis, and there is the perception that short-term four-legged guests cause more damage, create moreGo to Resource

Is An HOA Obligated To Pay the Mortgage on a Property It Foreclosed On?

Filed Under Collections, Foreclosure, Litigation

Posted January 3, 2012

A homeowner association’s ability to foreclose on a property for failing to pay assessments is a potent tool in collections. Unfortunately, many associations do not utilize this avenue of collections due to a belief that the association would become obligated to pay the first mortgage on the property if it ended up owning the foreclosedGo to Resource

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