Archive for HOA

Colorado Legislature to Take Up New Association Manager Licensing Bill

  • January 10, 2024
  • Miles Buckingham
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Years have passed since the last iteration of community association manager (CAM) licensing ended in Colorado. The first set of laws and regulations were set to sunset, but a bill to revive and enhance them passed both houses, only to…

Colorado Court of Appeals Expands CCIOA Sec. 317

  • December 28, 2023
  • Miles Buckingham
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In a new decision from the Colorado Court of Appeals, the Judges have ruled that bank statements for accounts held by Colorado homeowners associations “may” be included in the category of materials which must be kept by the community, and…

Updated – Status of Community Association Manager Regs in Doubt?

  • April 11, 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…

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

  • June 5, 2017
  • Miles Buckingham
  • Comments Off on What was the Rule Against Perpetuities, again? Developers Control Communities They’ve Had Nothing to Do with for Years

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…

When Does Collecting Fees and Costs Mean Retaliation?

  • February 3, 2016
  • Miles Buckingham
  • Comments Off on When Does Collecting Fees and Costs Mean Retaliation?

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,…

Guidance for HOA Managers re: Records Retention

  • January 27, 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…

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

  • May 6, 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…

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

  • May 4, 2015
  • dflo
  • Comments Off on Colorado Court of Appeals Opinions: Soicher v. State Farm; McShane v. Stirling Ranch; L&R Exploration v. Grynberg

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…

Colorado Court of Appeals Affirms Summary Judgment for Client

  • February 24, 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,…

Glad to be of service

  • September 18, 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…

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