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Month: April 2018

Association Remedies for Unauthorized Improvements

On April 25, 2018 By duponts1 In Covenant Enforcement, Interesting News

A homeowners association in Omaha, Nebraska is threatening to sue one of its homeowners after they failed to remove vinyl shutters that were not approved by the association.  Even though the black shutters are not …

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Religious Statue Removal

On April 23, 2018 By duponts1 In Association Governance, Covenant Enforcement, Interesting News

A homeowners association in New Mexico is requiring a homeowner to remove a religious statue from the front yard of his home. The statue has been present for over nine years. The homeowner also claims …

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CLAC Working to Save Manager License Program

On April 20, 2018 By duponts1 In Association Management, Legislation

In case some of you did not receive the e-mail announcement from CLAC (the Colorado Legislative Action Committee), they are working diligently to save the community association manager licensing program. While the program is currently …

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Senate Bill 18-062: Snow Removal Liability Limitations

On April 18, 2018 By duponts1 In Legislation

SB 18-062 is being considered by the Colorado Legislature and proposes to impose liability limits for tortious actions (intentional and negligent acts) in snow and ice removal contracts. So, what does this Bill, if passed, …

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Prairie Dog Extermination Stirs Debate

On April 16, 2018 By duponts1 In Association Governance, Interesting News, Public Policy

Some residents in a homeowners association in Parker are up in arms after the board allegedly exterminated prairie dogs with toxic gas in the open space behind their homes. http://kdvr.com/2018/04/02/parker-residents-upset-over-not-being-notified-of-praire-dog-extermination/ The article emphasizes the dilemma that …

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Manager Licensure Bill Killed

On April 13, 2018 By duponts1 In Association Management, Legislation

In a shocking development earlier this week, House Bill 18-1175 relating to the Sunset Review of Community Association Manager Licensing (that would have continued manager licensing for an additional 5 years) was defeated before the …

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House Bill 18-1342: Budget Veto Provisions Applicable to Pre-CCIOA Communities

On April 11, 2018 By duponts1 In Legislation, Meetings

House Bill 18-1342 was introduced a few weeks ago in the Colorado Legislature. The bill aims to permit owners in pre-CCIOA communities to veto proposed association budgets.  Currently, only owners in associations subject to CCIOA …

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Minimizing Risk in Receiverships: Part II

On April 9, 2018 By duponts1 In Collections

I recently blogged about how to identify and avoid potential financial risks relating to receiverships prior to filing the lawsuit. Once a lawsuit has been filed, there are additional steps that an association can take …

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Minimizing Risk in Receiverships: Part I

On April 6, 2018 By duponts1 In Collections

A receivership can be an effective method for collecting delinquent association debt. Many associations, however, are hesitant to pursue this remedy as they feel that receiverships are ‘risky’ or not cost effective. However, performing some …

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HOA in Ohio requiring Veteran to remove or move Flagpole flying U.S. or Air Force Flags

On April 4, 2018 By duponts1 In Association Governance, Covenant Enforcement, Public Policy

A recent news story reported that an HOA in Ohio is requiring an owner to remove his flagpole or attach it to his home. According to the story, the owner has flown either the United …

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