Archive for HOA

Updated – Status of Community Association Manager Regs in Doubt?

  • April 11th, 2018
  • Miles Buckingham
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April 11, 2018 Yesterday, the Colorado Senate’s Finance Committee postponed indefinitely consideration of House Bill 18-1175. As one Senate staffer told me: The Bill is dead. HB18-1175 seeks to continue the State’s licensing statutes and regulations for Community Association Managers (CAMs). Without an extension of the CAM Licensing Act, the…

What was the Rule Against Perpetuities, again? Developers Control Communities They’ve Had Nothing to Do with for Years

  • June 5th, 2017
  • Miles Buckingham
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What was the Rule Against Perpetuities, again? The Colorado Supreme Court has entered its Opinion on the Vallagio at Inverness Residential Condo Assoc. v. Metro Homes, Inc., case. A copy of the Opinion is available AT THIS LINK. In its Opinion, the Justices held that the Colorado Common Interest Ownership…

When Does Collecting Fees and Costs Mean Retaliation?

  • February 3rd, 2016
  • Miles Buckingham
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February 3, 2016 – Colorado State Senator Morgan Carroll has introduced SB16-082 which seeks to prohibit Colorado homeowners’ associations from retaliating against an owner who undertakes ” a lawful action” to complain about “violation[s]” in a community. The proposed law, which can be read HERE, fails to define retaliation, nor…

Guidance for HOA Managers re: Records Retention

  • January 27th, 2016
  • Miles Buckingham
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January 13, 2016 — A new Director Position Statement by the Colorado Department of Regulatory Agencies: Division of Real Estate pertaining to record retention duties of Community Association Managers (“CAMs”) has been published. The Statement sets forth the Division’s opinion of the scope of currently-existing retention regulations. While a CAM…

PEREZ AND BROWN OBTAIN SUMMARY JUDGMENT ON EMPLOYMENT DISCRIMINATION CLAIMS AGAINST HOMEOWNER’S ASSOCIATION

  • May 6th, 2015
  • Miles Buckingham
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On April 20, 2015, Kevin P. Perez and Christopher P. Brown obtained summary judgment for their homeowners’ association client, which led to the dismissal of all Title VII sexual harassment and retaliation claims brought against the HOA. The United States District Court Judge’s summary judgment order also resulted in an…

Colorado Court of Appeals Opinions: Soicher v. State Farm; McShane v. Stirling Ranch; L&R Exploration v. Grynberg

  • May 4th, 2015
  • dflo
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The Colorado Court of Appeals recently issued a slew of opinions — three of which are of particular interest: Soicher v. State Farm 13CA2305 This opinion holds that an insurer must plead failure to cooperate as a separate defense or it is waived. In the course of the decision, the…

Colorado Court of Appeals Affirms Summary Judgment for Client

  • February 24th, 2015
  • Miles Buckingham
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On February 5, 2015, a panel of the Colorado Court of Appeals entered its opinion on a case won by summary judgment by Nemirow Perez’s Miles Buckingham. The suit, which alleged multiple civil violations by an Arapahoe County homeowners’ association, was won on motion without the need for a trial….

Glad to be of service

  • September 18th, 2014
  • Miles Buckingham
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Today, the Denver Post features a story about the resolution of a dispute between two neighboring associations which had simmered for ten years. We at Nemirow Perez are grateful for the opportunity to assist one of the communities, and to help create a safe path for the schoolchildren of the…

DORA seeking comments on proposed HOA manager rules

  • April 1st, 2014
  • Miles Buckingham
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In keeping with the mandates of the HOA Manager Licensing Bill (HB13-1277) the Colorado Department of Regulatory Agencies is seeking the public’s comment on proposed rules for managers of community associations. The form for registering comments, and links to the statute and the proposed rules, is available here. At first…