Winzenburg, Leff, Purvis & Payne, LLP

Many Colorado communities are facing the need to impose special assessments as a result of recent wind and hail events in the state. Special assessments may be imposed in circumstances where the association lacks cash on hand to pay for a large or unexpected expense. Such assessments have become increasingly common due to changes in the insurance industry. Historically, condominium communities and other associations that are obligated to insure roofs and exteriors against damage have…
As Lindsay Smith recently reported in a blog post, House Bill 19-1212 (“HB 1212”) was introduced in the Colorado General Assembly on Monday to extend the Community Association Manager (“CAM”) licensure program in Colorado, which is currently scheduled to end on the last day of June. As you may recall, a bill introduced to extend the CAM licensure program during the last legislative session, was killed in the Senate which was controlled at the time…
Yesterday, Representatives Brianna Titone and Monica Duran introduced House Bill 19-1212, which, if passed, will re-create the community association manager licensure program that is currently set to end in July of this year. The proposed bill includes provisions responsive to comments made throughout the industry since the original advent of community association manager licensing, and will create a seven-member advisory committee tasked with making recommendations for rules and guidelines related to manager complaints. We…
On January 11th, Representatives Dafna Michaelson Jenet (D) and Colin Larson (R) introduced House Bill 19-1076 (“HB 1076”), which would amend the Colorado Clean Indoor Air Act. In addition to prohibiting smoking in many public places, the Clean Indoor Air Act also currently prohibits smoking in the restrooms, lobbies, hallways and common areas of HOAs in Colorado. From the HOA perspective, HB 1076 would not change the fact that folks are prohibited from smoking in…
On January 4th, the 2019 Colorado Legislative Session opened.  With both chambers of the General Assembly controlled by the Democrats, it will be interesting to see the types of bills which will be introduced that impact HOAs in Colorado. While it will be particularly interesting to see whether a bill will be introduced to preserve the licensure of community association managers in Colorado, I have to say that the first HOA bill to be introduced is a real chin…
And knowing is half the battle. – G.I. Joe When owners in community associations sell their homes, associations and their management companies inevitably get involved in the transactions by providing governing documents for the buyers’ review and status letters showing assessments and other amounts due at the time of closing. These document disclosures typically fall within the sellers’ obligations under Section 7 of the Colorado Real Estate Commission-approved Contract to Buy and Sell Real Estate
Winzenburg, Leff, Purvis and Payne, LLP is pleased to announce the next session of our Warehouse Lecture Series. Register today for the November 30, 2018 classes! The Series comprises regular half-day sessions, providing four hours of DORA-approved Community Association Manager Continuing Education credits. We are separately seeking CMCA approval for the classes from CAM-ICB. The next session of 2018 will cover topics relating to Current Issues in Association Collections and will take place Friday November…
On Wednesday, the New York Times reported that the owners of units in the building formerly known as Trump Place had voted to remove the name from the building. The building will now be known by its address, 200 Riverside Boulevard. A 2000 licensing agreement with the Trump Organization allowed the use of President Trump’s name on the building. As political sentiments changed, community members wanted to remove the name. One resident stated she would…
Snow season is upon us! Most communities have secured their vendors for the season, with signed contracts already in place. For many communities, those snow removal contracts include snowfall triggers that obligate the vendor to mobilize and fulfill the contract obligations once a specific snowfall threshold is reached, such as two inches of snow. The threshold set in the contract drives both the cost to the association and the priority for vendor mobilization. In other…
Earlier this year, the Colorado General Assembly enacted one of the most stringent data protection laws in the country. This law applies to Colorado businesses and governmental entities as well as third-party vendors who collect and maintain personal identifying information (“PII”). C.R.S. 6-1-713 defines PII as “a social security number; a personal identification number; a password; a pass code; an official state or government-issued driver’s license or identification card number; a government passport number;…