Over the last year, rental restrictions have ramped up and become an important, and sometimes controversial, topic in community associations. Whether associations desire to limit the number of rentals, the types of permitted rentals, or both, the question of how associations can adopt leasing restrictions comes up quite often. Below are three important things toGo to Newsletter
Rules Resources
Drafting enforceable association rules is a form of art. It’s an art in the sense that you have to know when it’s too much, when it’s too little, when it needs clarification, and when it conflicts with the law. For these reasons, most HOA legal practitioners recommend that draft rules be reviewed by legal counselGo to Newsletter
Given the current litigious nature of owners, and Colorado courts’ general unwillingness to rule in favor of HOAs unless the associations have complied with all statutory and governing document provisions, it is more important now than ever to ensure your community is acting in compliance with all applicable laws and governing document requirements. Colorado lawGo to Newsletter
Have owners in your association ever approached you with a request to switch assigned parking spaces or garages that are allocated as limited common elements and your association’s documents? What did you tell them, and did you know that the Colorado Common Interest Ownership Act (“CCIOA”) specifically addresses this issue for post-CCIOA communities (i.e. createdGo to Newsletter
Are there public streets running through your community? If so, does your association currently have rules or covenants governing parking or other activities on such streets? Moving forward, such rules and/or covenants may not be enforced by associations as a result of added language to the Colorado Common Interest Ownership Act (“CCIOA”). HB 22-1139 addsGo to Newsletter