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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?

Countryside Decision Clarifies Declarant Obligations to Pay Assessments

by Alex Nelson ColoradoConstruction Case Law & StatutesHomeowner Associations

In an unpublished opinion, the Colorado Court of Appeals recently made clear that Declarants (developers) generally need to pay full homeowners association dues on lots and units they own, from the time they are platted into the subdivision: Countryside Community Ass’n., Inc. v. Pulte Home Corporation, Inc., 12CA1568 appealed from El Paso County District Court No. 11CV3501, December 12, 2013

Colorado SB-220 Runs Out of Time, is Dead

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

May 5, 2014, the Colorado Senate Committee on State, Military, and Veterans Affairs took two-and-one-half hours of testimony on SB-220, which would have gutted the rights of homeowners associations to bring construction defect claims by requiring non-appealable arbitration in all instances, as well as placing other onerous requirements on such defect claims.