Many community associations, at one point or another, have discrimination charges filed, or threatened to be filed, against them. For the most part, such threats and charges are a direct result of the association enforcing the terms of its governing documents and compelling residents to do something they do not want to do, or prohibitingGo to Resource
Newsletters
Board members often ask what needs to be shown in order to prove there is a covenant violation at a hearing versus at trial. The answers to both are very different. At a Hearing for Imposition of a fine: Most governing documents and the Colorado Common Interest Ownership Act (“CCIOA”) only require associations grant ownersGo to Resource
Amending an association’s governing documents is never an easy task. The Colorado legislature recognized this in 1992 when it capped the maximum approval requirement to 67% of the entire community. Even with this reduction in the approval requirement, amending a declaration was problematic due to owner apathy, lack of building a consensus of the owners,Go to Resource
Now that the economy is at an upturn and associations are feeling more financially stable, many associations are investing in capital improvements for their communities. Whether it’s installing a new swimming pool in the community, installing all new roofs, or upgrading the playground equipment, these types of projects are expensive and, oftentimes, require associations toGo to Resource
With the recent uptick in the economy, individuals have more disposable income, which has attributed to an increase in small claims lawsuits getting filed against associations. Small claims lawsuits fall into one of three primary categories: 1) an alleged failure to follow or enforce the governing documents; 2) an alleged failure to properly and uniformlyGo to Resource