Litigation Resources

Is Foreclosure the Right Option?

Filed Under Foreclosure, Litigation

Posted July 2, 2012

Inevitably owners get behind on their assessments. Not just three, four or even five months, but ten, eleven or 12 months delinquent. Despite the association’s best efforts to get the owner to pay, there is no money coming in. Then what? Generally, an association has several ways to collect unpaid assessments: lien the property andGo to Resource

Rules, Rules & More Rules

Filed Under Enforcement and Fines, Litigation

Posted July 2, 2012

Recently, while searching the internet for interesting tid bits of homeowner association happenings, I ran across a blog entitled “Here are some of the Weirdest Homeowner’s Association Rules” by David Kearny. Given the title, I was expecting a review of old and antiquated rules similar to the annual review of local laws that have neverGo to Resource

CCIOA Corner—Fining Without a Fine Policy

Filed Under Enforcement and Fines, Litigation

Posted June 1, 2012

Most individuals know that CCIOA requires associations in Colorado to adopt certain policies; one of these policies is the “covenant enforcement policy”, which specifies how violations are to be reported, investigated, and addressed. Additionally, these policies should contain fine structures informing owners of the fine amounts that may be imposed against them if they violateGo to Resource

Choose Your Own Adventure: Late Fees, Interest and Processing Fees Edition

Filed Under Collections, Litigation

Posted June 1, 2012

As a board member or a property manager for an association, you might sometimes feel as if you are participating in a “Choose Your Own Adventure” book. You know the kind, where on every other page the reader gets to choose between two or three options, each eventually leading to one of about forty endings. Go to Resource

How the Colorado Civil Access Pilot Project May Impact Your Association

Filed Under Complex Litigation, Litigation

Posted June 1, 2012

The Colorado Civil Access Pilot Program (“CCAPP”) significantly impacts timelines associated with service, disclosures, pleadings and discovery in District Court litigation. CCAPP also impacts the scope of discovery and limits the use of experts at trial. CCAPP was designed with the goal of streamlining litigation so that costs are kept at a minimum and casesGo to Resource

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