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Protecting the HOA in Spite of Itself: Shareholder Derivative Actions

by Alex Nelson ColoradoConstruction Case Law & StatutesHomeowner AssociationsConstruction Defects

Unfortunately, construction defects are far from uncommon in townhome, condominium, and other common interest communities. When faced with defects, the typical response of an HOA Board of Directors is to retain legal counsel and pursue the developer, contractor(s), and/or design professionals, ultimately putting the financial burden of the needed repairs on those who caused the construction defects in the first place. What happens though when an HOA Board of Directors is unwilling to take legal action?

Colorado Legislature Immediately Kills SB-219, Homebuilders’ Proposal to Study the Alleged Shortage

by Alex Nelson ColoradoConstruction Case Law & StatutesHomeowner AssociationsHousing and Mortgage IndustriesLegislativeNews

May 1 the Colorado Senate Appropriations Committee voted 5-2 to kill Senate Bill 219, which would have given the divisions of housing, insurance, and law a combined $150,000 to collect data on and investigate the current homebuilder-alleged shortage of owner-occupied affordable housing (a/k/a condominiums and townhomes).

Help Defeat Colorado Homebuilders’ Most Recent Attempt to Eviscerate Homeowner Rights

by Alex Nelson ColoradoConstruction Case Law & StatutesHomeowner AssociationsHousing and Mortgage IndustriesLegislativeNews

Senator Jesse Ulibarri (D-Commerce City) and Senator Mark Scheffel (R-Parker) recently introduced Senate Bill 220 into the Colorado Senate. While the bill’s stated intention is to spur the construction of condominiums in Colorado, it eviscerates all consumer protections for homeowners living in HOAs.