Almost every association has experienced delinquencies. Delinquencies can impair or even cripple the association's ability to perform its obligations. We encourage our clients to take quick action on delinquent accounts to reduce the time frame of payment plans and to minimize bad debts. Collecting assessments requires expertise in all aspects of collection law - not only obtaining personal judgment in county court or foreclosing on the association's lien, but also maneuvering through the bankruptcy process and public trustee foreclosures. We are aggressive in our procedures to collect the association's assessments, from the initial lien or demand letter through garnishment or foreclosure, if necessary.
As communities age, their needs change, problems are identified, new laws are enacted, and governing documents become outdated. Governing documents can be amended to meet the needs of the community. The association may decide that it needs to amend and restate these documents in their entirety or simply to amend a limited portion. We can review your existing documents to help you determine whether the association could benefit from an amendment and to advise you on how to proceed with garnering owner support. We draft amendments to declarations, articles of incorporation, and bylaws to help the association reach its goals and work with you throughout the approval process. Since many associations have found it difficult to obtain enough owner response to amend declarations, Colorado law permits an association to petition the court for approval of a declaration under certain circumstances. We can pursue this amendment option for the association, if necessary.
Community associations usually enter into contracts with various types of services providers. These contracts range from ongoing services such as management, landscaping maintenance, or cable services to periodic services such as roofing or painting projects. Contracts impact the daily operations and finances of associations and disputes can be costly. It is important to pay special attention to the services to be provided and all the contract provisions. We can review proposed contracts and assist you in negotiating contract provisions to best protect the association. We can advise you of potential problems that may arise as a result of contract language so that the board can make an informed decision about the proposed contract. Because we believe in a preventative approach to law, our review is intended to minimize the possibility of misunderstandings and disputes after the contract is signed. However, since disputes can arise even with the best of contracts, we also seek to limit the association's legal risks and expenses as much as possible.
The covenants are the backbone of a community association and, when properly enforced, play an important role in preserving property values. We understand that enforcing covenants against your neighbors can be one of the most uncomfortable aspects of governing the community. However, it is part of the association's responsibilities and one of the most visible activities of the board. It is vital to have clear covenant enforcement policies and notice and hearing procedures to efficiently enforce covenants. Obtaining voluntary compliance should be the goal of every association. If an owner does not voluntarily comply with the covenants, most associations can levy fines and even pursue court action to obtain compliance. We are available to assist the association with all levels of covenant enforcement, from drafting policies and educating owners regarding the importance of the covenants to obtaining court orders.
Our role as the community association's general counsel is similar to that of a general counsel of any other corporation or of a city attorney. While the association is a community, it is also a business which faces numerous legal issues. General business questions often include: - maintenance and insurance responsibilities
- interpretation of governing documents
- review and drafting of rules and regulations
- election and meeting procedures or requirements
- assessment authority
- leasing restrictions
- corporate governance
- fiduciary duties
We are available to discuss such matters over the telephone with board members or the association's manager, to provide written opinion letters, and to draft other documents that may become necessary. We are also happy to attend board or annual meetings at your request to assist you with legal issues and member communications.
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