Common situations for which the HOA Team provides guidance and representation include, but are not limited to:
- An owner refuses or fails to pay assessments.
- A tenant violates a provision of the HOA’s governing documents.
- The HOA’s Board has questions on conflicts of interest or budgeting or compliance with the Colorado Common Interest Ownership Act (“CCIOA”).
- Property management for the HOA requires answers about allocation of maintenance costs.
Running an HOA provides challenges and opportunities both routine and unique. Dan and T.J. help with these legal issues and more:
- Community Formation and Governing Documents: If you are starting a common-interest community from scratch, our HOA Team can lead you through the path of community development, including the creation of a Declaration, Bylaws, and Rules & Regulations. For mature communities, our HOA Team can help you adapt to changed circumstances and craft amended governing documents that reflect the evolution of your community and current Colorado law.
- Governance and Management of the HOA: HOA Boards, whether experienced or not, face a variety of governance and management matters through which they need guidance. These matters can be as simple as determining the quorum for a meeting or as complex as adjusting to the new laws on medical and recreational marijuana use. The Board may need help interpreting a vague provision in the Bylaws, resolving a dispute between owners, or terminating a property manager. T.J. and Dan are on hand to advise HOA Boards on issues ranging from trivial to intractable and everywhere in between.
- Collections and Assessment Lien Foreclosures: When an owner either refuses or fails to timely pay assessments, it can create serious financial and other issues for the HOA. At Alpenglow Law, we use a firm but compassionate collections strategy to seek voluntary compliance with owner dues obligations. If these measures are not fruitful, our HOA Team is diligent in pursuing monetary judgments against owners and in obtaining court orders allowing the HOA to foreclose on its lien.
- Covenant Enforcement, Construction Defect, and Other Litigation: Sometimes, despite a Board’s best efforts at reasonable resolution, an owner or tenant refuses to follow the rules and other governing principles of the HOA. The Board may be forced to file a lawsuit against the offending parties to force compliance and prevent anarchy from reigning in the community. A construction project in the community may go awry and require the HOA to file suit against construction or design professionals for defects in or damages to the property. A disgruntled owner or tenant may elect to file suit against the HOA and its Board for alleged wrongdoing in the performance of duties. In all of these instances and more, our HOA Team litigator T.J. Voboril is your ally in the lawsuit and in the courtroom.
Whether your HOA is grappling with current legal issues or seeking to forestall future litigation, Dan and T.J. are here to help.