Proposed HOA “Dispute Resolution & Enforcement” Bill: HB 20-1200
By: Travis B. Keenan
On January 30, 2020, Representatives Brianna Titone (D – Jefferson County) and Michael Weissman (D – Aurora) introduced House Bill 20-1200 (“Bill”). As described in more detail below, this bill would task Colorado’s Department of Regulatory Agencies (“DORA”) with implementing a dispute resolution and enforcement program (“DREP”). Through this program, DORA would wield...
Navigating New HUD Assistance Animals Guidelines
On January 28, 2020 the U.S. Department of Housing and Urban Development (“HUD”) issued new guidelines regarding “certain obligations of housing providers under the Fair Housing Act (“FHA”) with respect to animals that individuals with disabilities may request as reasonable accommodations.” A copy of the new guidelines may be found at...
“Single Family” Homes In Community Associations Are Not Only For Single Families
I was recently presented with this scenario from an HOA Board President who was hoping to force some local residents out of his neighborhood:
“We have a group of unrelated college students living in a house in our neighborhood. Our governing documents say that houses in our neighborhood can only be used as single-family homes. Aren’t these roommates violating these provisions?”
My answer...
HOA Minutes and Utah Law
By: Scott Welker
As the old saying goes, the only things certain in life are death and unnecessary remarks in HOA minutes. Well, that might not be exactly like the original but, for our purposes, it’s close enough. When it comes to minutes, less is more. Details of things that are said at a meeting should only be included in a few, specific instances described in this article. A homeowners...
Regulating Smoking in Your Association
Utah law provides an excellent starting point to deal with smoking problems in your communities. In fact, “as a matter of law,” second-hand smoke is a nuisance. In Utah, if tobacco smoke drifts into a residential unit, the affected homeowner may bring a legal action for nuisance against the offender. Additionally, the law gives homeowner and condominium associations broad authority to...
ID Legislative Action
Idaho is a great place to live. More and more Idahoans are choosing to live in homeowner associations and condominium associations. Idaho’s law needs to recognize this and to facilitate the effective operation of these associations.
It is time for homeowner associations and condominium owner associations in Idaho to stand up and have our voices heard. Those of us who work with associations...
Colorado Legislature Passes Bill Allowing Rain Barrel Collection – Homeowners Associations Must Comply
A bill passed by the Colorado Legislature to allow for the use of residential rain barrels is on its way to the Governor’s desk for signature. House Bill 16-1005 concerning the use of residential rain barrels to collect precipitation gained rare bi-partisan support in both houses of the legislature and has allowed Colorado to join the ranks of other drought prone western states that allow for...
ID House Bill 511: Rental Restrictions in Your HOA
Is your HOA currently restricting rentals?
Is your board interested in doing so?
Do you have a problem with short-term rentals?
Are you trying to get FHA approval for your condominium association?
If any of these answers are “yes,” it’s important your board knows about recent Idaho legislation that will significantly impact your association. The legislature has passed a new law that severely...
ID SB 1317 (ID Code 55-115 Amendment) and What This Means For Your HOA
Does your association diligently enforce its covenants and restrictions? Do you ever incur costs or attorney fees in doing so?
On April 5, Governor Otter signed Senate Bill 1317 as amended into law. Under 1317, there is a significant risk that a debtor attorney will argue any attorney fees or costs incurred as a result of a violation of the CC&Rs are not the responsibility of the debtor....
Amending Governing Documents- Utah
A common question of HOA directors and managers is “How often should the Association be amending its governing documents?” A common answer provided by HOA lawyers is “It depends.” This brief article outlines a few important considerations in deciding whether it is time to amend.
Overview of Governing Documents
HOA’s are governed by the following documents: (a) the Plat, (b) the Articles of...