Topic
Declaration Amendments
6 published works
Association Alert
Recording Invalid Documents Gets VERY Expensive
By Daniel Miske
Facts Defendant, Leisure World Community Association (“Association”), consists of nearly two dozen single-family platted communities. One of those is the Plat 24 community. “Each community is governed by its Declaration…
Association Alert
Compliance With State Laws is Important
By Daniel Miske
A recent case in Colorado (Tyra Summit Condominiums II Association, Inc. v. Clancy, 2017 COA 73) held an Association trying to amend its Declaration to the strict standards for timing…
Association Alert
Declaration Amendment – Sometimes There is No Other Way to Accomplish Something
By Daniel Miske
A unit owner sought to expand their unit by building additional living space on the roof of the association. The declaration, like all declarations, defined the various units and their…
Virginia Condominium & Homeowners' Association Law Blog
Virginia Supreme Court nullifies declaration amendment on technicality
By mainman
On February 12, 2016, in Tvardek v. Powhatan Village HOA, the Virginia Supreme Court struck down a leasing amendment established by a homeowners association in Virginia as a result of…
Colorado Homeowners Association Law
Declaration Amendment Petitions – Shall Means Shall!
Today, the Colorado Court of Appeals issued an opinion addressing the statutory declaration amendment process set forth in C.R.S. 38-33.3-217(7). This process allows community associations that have sought to amend…
Colorado Homeowners Association Law
Declaration Amendment Simplified by SB 100
By Winzenburg, Leff, Purvis & Payne, LLP
Some Colorado community associations have been burdened for many years by declarations that require unattainably high vote requirements for amendments. Some of these documents not only require a high percentage…