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Litigation Resources

Law Suit First Aid: What an HOA Must Do When Sued

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Associations should seek to avoid disputes and lawsuits wherever possible through effective communications, fair dispute resolution practices and good governance. But in our litigious society, it is a fact of life that lawsuits are filed by, and against community associations. When the Association is on the receiving end of a lawsuit, there can be veryGo to Resource

Protecting Your Association From Mechanics’ Liens

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In the current economic climate, collection of assessments may not be the only financial issue facing associations.  In recent months, we have seen an increase in the filing of mechanics liens against associations. The most common scenario we see, does not result from the association not paying a contractor.  Rather, the association pays its contractor,Go to Resource

Right to Remain Silent

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Like that guy said to “my friend” on Friday morning, early Friday morning, “you have the right to remain silent.” The same is true for board and committee members in a community association when requested to individually take action outside of the board room. From time-to-time, board members are summoned by homeowners to come immediatelyGo to Resource

A Twelve Step Process to Address Discrimination Complaints

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We have noticed an increased filing of Colorado Civil Rights Division (CCRD) Complaints in the past year.  These complaints can be costly and rather embarrassing if not properly addressed in the early stages of an investigation by the Colorado Civil Rights Division.  Typically, the complaints allege discriminatory practices for failure to provide a reasonable accommodationGo to Resource

Uh-oh, Our Builder Filed Bankruptcy. Now What?

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In the Association context, the term “Declarant” usually refers to the developer of the community. While the project is being developed, the Declarant is responsible for the management of the Association. Also, the Declarant initially holds the voting rights and appoints the first Board of Directors. When the Declarant is finished building the community andGo to Resource

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