HOA Law: Expert Advice, Published in Law Week Colorado
Quoted in an article published in Law Week Colorado, Senior Associate Kate Willard explains how HOAs and other community associations may require legal help enforcing their rules. In cases where homeowners are not observing HOA regulations, attorneys may need to get involved.
“Disputes often arise regarding covenant enforcement, a homeowner being required to maintain their property in a...

Colorado SB 23-178: Water Wise Landscaping Signed!
By: Cameron Stark
Colorado Senate Bill 23-178 has been signed into law and takes effect on August 7, 2023. It requires Associations to adopt rules concerning water-wise landscaping, but it is important to note this bill only applies to communities with single-family detached homes. This bill does not apply to condominium units or townhomes sharing one or more walls. The bill requires...

HOAs Must Understand Use and Power of Contracts
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Legal Considerations HOAs Must Know for Audio and Video Surveillance Systems, published in Law Week Colorado
Damien Bielli published a column in Law Week Colorado on 1/23, highlighting legal considerations for HOAs when contemplating installing audio and video surveillance systems. He discusses the benefits and limitations of security systems and emphasizes how each HOA must consider its governing documents, local and state regulations and laws, and the liability concerns with surveillance systems....
COVID-19 and the Risk of Getting Sued
By: Scott Welker
In American law, there is a long, quiet history of the ill suing the people who made them ill. Dating at least back to the 1800s, defendants have been held liable in court for negligently spreading infectious diseases. These cases have run the gambit, including lawsuits for the spread of tuberculosis (1953), smallpox (1910), typhoid fever (1896), and whooping cough (1884),...
Fostering a Sense of Community During COVID-19
By: Greg Coxey
Given this unprecedented time in the history of the world, there is a lot of anxiety and uncertainty about what the future holds. Even though this is a global pandemic, with orders to stay-in-place and stay healthy, the focus shifts to our household and our communities. While practicing social distancing, we must think beyond ourselves and consider all of the members of our...
Caution in the Face of Coronavirus: Running a Colorado HOA Without Gatherings
Whether you’re urging people to just start washing their hands or your closet is filled with toilet paper, one thing is certain: coronavirus continues to spread. According to health professionals, one thing we can do to slow the spread is avoid group gatherings. Unfortunately, that’s not always easy to do when you are trying to maintain a functioning community association. Regular gatherings...
VF Law Communication
Here at Vial Fotheringham LLP, we are closely monitoring the situation arising from the Coronavirus (COVID-19) and we are ready to navigate the rocky waters of whatever life throws at clients, community associations and partners. Our hearts go out to the victims and families that are directly impacted by illness.
VF lawyers are ready to help associations and other clients navigate the...
VF Law’s Own Robert Fotheringham Appears on The Nicholas Cupps Show
“I had the pleasure of sitting down with the founding partner of Vial and Fotheringham, a multi-state law firm that helps in almost all areas of law, but excel in the Homeowner’s Association space. Rob is an estate planning attorney and his story of how he started his firm, how they grew it to where it is today, especially after he and his wife decided to start over and move to...
Condominiums Must Abide by Denver’s New Benchmarking Ordinance
In an effort to preserve integrity, quality of life, and strengthen the local economy the Denver Department of Public Health and Environment established an Energy Efficiency Program. An integral part of this Energy Efficiency Program is the county’s new Benchmarking Ordinance. The ordinance is sited in the Denver Revised Municipal Code, Chapter 4, Article V. Energy Efficiency in Commercial and...