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Impact Of 2017 MCIOA Modifications On Existing Common Interest Communities

by Alex Nelson ArticlesQuestions Answered

For existing communities, the impacts of the 2017 MCIOA revisions are limited but significant.  Associations will need to develop a written maintenance plan, schedule and budget consistent with the MCIOA and governing documents.  The statute leaves plenty of flexibility for associations of different sizes and needs to develop a plan that is appropriate for the characteristics of their communities.  Large, diverse associations may benefit from the assistance of outside vendors to help identify and assess each of the common and limited common elements and to determine the appropriate preventive maintenance schedule and budget.

Why Clients Should Consider Contingent Fee Arrangements

by Karli Sharrow KS NewsArticlesColoradoQuestions Answered

Many clients dread calling their lawyer to ask important questions out of fear that the moment their lawyer picks up the phone the billing clock starts in six minute increments. The vast majority of lawyers follow the time honored tradition of billing hourly for their time, which leads many clients to become frustrated with enormous legal bills that do not reflect the actual value added to their cases. The contingent fee arrangement is designed to mitigate against this problem by re-aligning the incentives so that lawyers are compensated based on results, not time spent working on the case.

BKSN Profiled in CTLA’s Trial Talk

by Jeffrey P. Kerrane, Esq. & Trial Talk ® KS NewsArticlesColoradoGet to Know BKSN

Fifteen years ago, when Benson, Kerrane, Storz & Nelson opened its doors in Colorado, construction defect legislation was not the hot topic it is today. In 1986, Colorado quietly reduced its statute of repose from 10 years down to 6 years, giving Colorado the distinction of having one of the shortest statutes of repose in the country. In 2001 and then again in 2003, the legislature passed reforms which limited the types of damages homeowners could collect and created a pre-litigation notice of claim process. Additionally, the legislature capped damages under Colorado’s Consumer Protection Act. With each change, the builders declared victory and announced that the changes they wanted to protect the residential construction industry.