Get 2 months of free community web site hosting from Community123.com!
Tuesday, October 22, 2019
Get 2 months of free community web site hosting from Community123.com!
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: Colorado SB 05-100 Non-compliance?
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
RichardC


Posts:0


11/21/2005 11:24 AM  
There is significant dissension within our Bd of Directors concerning the requirements of Colorado's SB-100. Several would prefer to ignore it. I've looking through Title 38 of Colorado's Statutes, but find nothing concerning penalties or consequences for non-compliance. Why would the legislature waste time developing a bunch of requirements for how "responsible and right-thinking" HOA's should operate without addressing what happens if they don't comply??
RogerB
(Colorado)

Posts:5067


11/21/2005 3:00 PM  
Your Board should not ignore the requirements of SB-100. They leave themselves personally, as well as the Association, wide open to a law suit. Just because the state of Colorado may not provide enforcement is no justification for ignoring the law. What if a disgruntled owner choses to sue? Even if no damages are awarded, the HOA will be liable to pay all legal expenses for both parties. Since they ignored these laws, they did not act in good faith; and the individual Board members and the Association will not be covered by insurance. And if the HOA takes an owner to court on any matter the owner can argue that the HOA knowingly failed to comply with state statues so why should they be held accountable under a HOA regulation. Again the HOA will be placed in jeopardy.

These Board members need to comply with the law or should be replaced! If you have a professional manager request they educate the Board. For the HOA's managed, I drafted 9 rules and regs, amendments to the Bylaws, and digitized all controlling docs and the cost was minimal.

Roger
SDehring
(Colorado)

Posts:2


11/22/2005 11:07 AM  
Roger is correct that Colorado does not have any enforcement or regulatory office in place to monitor homeowner association compliance with the Colorado Common Interest Ownership Act ("CCIOA"), including the changes brought to it by SB 100. In addition, there are no civil or criminal penalties for failing to comply with CCIOA. However, there do exist some strong incentives for complying.

First, board members do have the duty to their associations to comply with any applicable laws, regardless of how they view the law's requirements.

Second, CCIOA does have an enforcement provision that gives homeowners the right to bring associations to court for violating any section of the law. If a homeowner prevails on such a claim, the court grants the relief of a court order directing the association to come into immediate compliance with the law. In addition, this enforcement section states that the prevailing party in any action to enforce CCIOA is entitled to the reimbursement of the attorney fees incurred in bringing the action.

Saskia Dehring, Esq.
Official HOATalk.com Sponsor
HindmanSanchez
Attorney Licensed in the State of Colorado
www.hindmansanchez.com
* See "HindmanSanchez Legal Notice" below, at bottom of page or go to www.hoatalk.com/legal
Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > Colorado SB 05-100 Non-compliance?



Get 2 months of free community web site hosting from Community123.com!



News Articles Provided by: Community Associations Network
News, articles and blogs about condos/HOA's

Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice:  (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.

Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement