What makes a rule enforceable? An enforceable rule meets the requirements of the law and governing documents. What makes an enforceable rule a good rule? A good rule meets the needs and requirements of the community. When writing rules, boards should make sure the rules are both enforceable and “good”. In general, courts recognize theGo to Resource
Newsletter
Harsh New Time Limits on Construction Defect Claims
A recent Colorado Supreme Court decision, Smith v. Executive Custom Homes, Inc., 230 P.3d 1186 (Colo. 2010), considerably shortens the time limit for bringing many construction defect lawsuits. Homeowners and homeowner associations risk losing the right to seek reimbursement from builders, developers and other construction professionals unless they carefully and quickly act upon discovery ofGo to Resource
When Have You Won? How to Evaluate Settlement Offers from Delinquent Homeowners
How do you know when you’ve won and achieved your goal in a collection action? Specifically, when should the Board consider accepting less than the total amount of the debt owed by a delinquent homeowner? How should you evaluate settlement offers to ensure the association actually gets the money it’s attempting to collect? It’s alwaysGo to Resource
What To Do With Uncollectible Debt
In today’s economy of rampant foreclosures and bankruptcy filings, it is becoming all too common for associations to be confronted with the unpleasant task of “writing off” uncollectible debt. There are a few common instances when a debt becomes uncollectible. When an owner files a bankruptcy and obtains a discharge from the court, then allGo to Resource
What Do Owners Do with Their Properties After Filing Bankruptcy?
With bankruptcy numbers still on the rise, questions continue to abound regarding the impact an owner filing for bankruptcy has on an association…especially when it comes to collection of assessments. Bankruptcy is a means by which a person (which can be an individual, partnership or corporation) seeks relief from debt. If a bankruptcy is successful,Go to Resource