Amending a set of covenants/declarations is no easy task. Declaration amendments typically require approval from owners representing at least 67% of the total votes in the association. To make things worse, sometimes we also see requirements for first mortgagee approvals, which means the association must obtain approval from banks to whom owners issue their mortgageGo to Resource
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CCIOA – Colorado Common Interest Ownership Act
38-33.3-102. Legislative declaration.(1) The general assembly hereby finds, determines, and declares as follows: (a) That it is in the best interests of the state and its citizens to establish a clear, comprehensive, and uniform framework for the creation and operation of common interest communities; (b) That the continuation of the economic prosperity of Colorado isGo to Resource
Although document amendments lead to desirable results, boards frequently refuse to utilize this tool based on commonly held preconceived notions and popular myths about the process. This article will focus on common misconceptions when it comes to document amendments and will provide you with the actual facts about this process, which apply to both preGo to Resource
Regardless of the type, size, or location of a community, associations face legal issues that require them to seek legal advice. When an association reaches out to its attorney for advice, the information provided, and the actual communication providing such information, is considered attorney-client privileged. The attorney-client privilege is a common law doctrine, going backGo to Resource
By: Elina B. Gilbert, Esq. Pursuant to the Colorado Revised Nonprofit Corporations Act and most governing documents, associations have authority to create, change, and disband committees, as well as the right to appoint and remove persons to/from such committees. Committees are useful tools to assist boards with managing their duties and building goodwill in theirGo to Resource