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Boilerplate A to Z: General Terms of an Agreement

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General Contractual Provisions that should be included in all HOA contracts: A.     Use of “Will” and “May”. “Will” is a mandatory word denoting an obligation to pay or perform. “May” is a permissive word denoting an option. B.     Use of “Pronouns”. All personal pronouns used in this Agreement, whether used in the masculine, feminine, orGo to Resource

Practical Lessons In Construction Defect Cases

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The Emergence of the Homebuyer’s Rights For many years the phrase “buyer beware” characterized the homeowner’s relative lack of power against the builder of the defective home. Deemed to have an affirmative duty to inspect the property prior to execution of the purchase contract, homebuyers who failed to do so were denied recovery and theirGo to Resource

Challenges to Collection Actions

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An association’s ability to collect delinquent assessments is vital to any community. I am often asked what actions could weaken a lawsuit to collect those assessments. A common collection action is as follows: a homeowner purchases property subject to restrictive covenants but fails to comply with such covenants. A lawsuit based on violation of theGo to Resource

CCIOA Corner – What is a Common Interest Community?

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The Colorado Common Interest Ownership Act (a/k/a CCIOA) was adopted to govern common interest communities in Colorado.  But what exactly is a “common interest community” and how do you know if your association fits into this category? Section 103 of CCIOA provides definitions of various terms used by the Statute, including the “common interest community”. Go to Resource

What Is Fidelity Insurance And Why Your Association Needs It

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Many community associations are required by their declarations to carry “fidelity insurance,” but what exactly is fidelity insurance? What does it cover and, perhaps more importantly, what doesn’t it cover? In order to fully protect an association, it is important to understand the limitations and exceptions of an association’s fidelity insurance. In simple terms, fidelityGo to Resource

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