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Whether it's unexpected repairs, landscaping dilemmas, or general maintenance conundrums, Elina Gilbert has tips for your association in her upcoming webinar! 🛠️![]()
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đź“Ť Webinar ![]()
đź“… 1/21/26![]()
đź•’ 12-1pm![]()
đź”— altitude.law/events/problematic-maintenance-scenarios/
Although most decisions, by both boards and owners, are made during meetings (whether virtual or in-person), situations arise when doing so is not feasible. Luckily, Colorado law creates processes for both boards and owners to vote on measures and make decisions outside of meetings.![]()
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This article will discuss the two processes by which owners and boards may vote and make decisions without holding meetings.![]()
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Owner Decisions![]()
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The Colorado Revised Nonprofit Corporations Act (“Nonprofit Act”) allows associations to conduct an owner vote via “action by written ballot”. This process is more commonly referred to as action by mail ballot.![]()
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By way of example, action by written ballot is often used for voting on declaration amendments, which typically require approval from 67% of the total votes in a community. In most cases it is simply not feasible to get 67% of all owners to attend a meeting, let alone vote in favor of an amendment. Therefore, use of the mail ballot process is generally a better option.![]()
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One reason why using the mail ballot process is a better option, is because this process allows the voting period to stay open approximately 60 days, as opposed to a one or two-hour window at a meeting.![]()
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Continue reading: altitude.law/resources/newsletter/making-decisions-outside-of-meetings-how-does-this-work/
The purpose of an association filing a lawsuit against a homeowner for unpaid assessments is for the court to enter a judgment against the homeowner. Once judgment enters, the association’s collection options switch from trying to get voluntary payments from the homeowner to being able to get involuntary payments from the homeowner through processes like garnishments.![]()
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But, when an association files a lawsuit, the homeowner has the right to file an answer with the court. Many homeowners either reach an agreement before the answer filing deadline or choose to not file an answer with the court. But if a homeowner does not agree with the balance or does not agree that they should owe the association money, they can file an Answer with the court and the court requires the parties to start moving toward a trial.![]()
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When an answer is filed, the association’s attorney notifies the board and management company (if any) and provides them a copy of the homeowner’s answer. Receiving the copy of the answer is often the Board’s first experience with contested litigation.![]()
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Read the full article here! altitude.law/resources/article/a-homeowner-filed-an-answer-in-a-collection-case-what-now/
Happy New Year! We look forward another fantastic year with our Altitude team and clients!![]()
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#HOALaw #HOAEducation #HappyNewYear2026
We will be closed for the New Year on January 1st through the 2nd. We will reopen for an exciting 2026 on January 5th. See you next year!![]()
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#AltitudeCommunityLaw #HappyNewYear2026