Survey Results - “Marijuana, Other Odors and HOAs” (April 4, 2013)

On April 4th, a panel discussion on what HOAs can do with offensive odors, including odors from growing marijuana plants, was presented at the CAI Rocky Mountain Chapter Spring Showcase.  Click here for a link to the survey results!

Homeowner advocates take aim at HOA boards, management companies

Jim Phillips was prepared for many of the costs associated with selling his Aurora home in July.  What he was not expecting was a $500 "transfer fee" for HOA documents required to complete the sale of the property in the Tallyn's Reach development.  Phillips reluctantly signed the closing documents, then disputed the charge from his HOA's property management company. After failing to reach a resolution, he took his case to small-claims court in Arapahoe County, where he recovered much of the cost.  (By John Mossman, The Denver Post)  Read more 

Marijuana and HOAs: Can homeowners groups ban people from growing, using pot?

Condo Associations or HOAs with homes with attached walls should consider rules limiting cannabis growing in homes and more.  Growing cannabis can be very pungent.  Planned Communities, without attached walls, may take a hands off approach.  See the article published in Westwood or contact HOA professionals at our office for more information.

Drought Tolerant HOAs and Homeowners?

With a looming extended drought, the legislature has been considering making turf and watering covenants, restrictions and guidelines of HOAs even harder to enforce and making xeriscaping easier.   The bill under consideration has been approved in the State Senate, is under consideration in the State House and is expected to be approved and become law this spring.   Senate Bill 183 would:

• Make existing restrictions, prohibitions and limits of HOAs on xeriscaping unenforceable

• Whole and partial ‘turf grass’ requirements would also be unenforceable

         > ‘Turf grass’ would be defined as any non-native grass or grasses that have been developed for arid conditions

• Xeriscaping is made more permissible, with drought tolerant plants

         > Live plants can be required

         > Artificial materials, plants and grass can be restricted

• HOAs would be able to regulate drought tolerant landscapes, by type, number, placement of planting

• HOAs would be able to regulate hard-scapes in landscaping

• When a local water provider (City, water district, etc.) imposes water restrictions, the HOA cannot enforce watering requirements of any landscaping

         > Owners could be required to water when permissible, but not when restricted by local government

Click here for a link to the Senate Bill 183.

The net effect to HOAs and Homeowners is a lot less green and a lot more tolerance for the drought and also for consequences of the drought. To make sure your covenants and landscape guidelines are in compliance, contact your attorney at Orten Cavanagh & Holmes or email us at info@ochhoalaw.com

Denver Water, Aurora Water and Colorado Springs Utilities Seeking Stage 2 Drought Restrictions

Denver Water, Aurora Water and Colorado Springs Utilities are seeking Stage 2 drought restrictions, which would restrict spring and summer watering to two times a week, among the toughest limits ever imposed.  The Denver Water Board and Colorado Springs City Council are expected to vote on the proposals at the end of March.  The Aurora City Council will vote April 1.  Read more

Orten Cavanagh & Holmes educates at the 2013 Home and Garden Show

Orten Cavanagh & Holmes, LLC participated in the 2013 Home and Garden Show in February on behalf of the Rocky Mountain Chapter of the Community Association Institute (CAI-RMC).  Our attorneys helped the CAI-RMC run its booth at the Home & Garden Show to help educate about common interest communities and orient homeowners to HOAs and CAI.  Information was distributed regarding the benefits and resources of CAI RMC that are available to owners, residents, prospective purchasers, board members, managers and others. 

We enjoyed this opportunity to assist the CAI-RMC.  We look forward to helping out at next years’ Home and Garden Show.

Is there a housing recovery underway in Colorado?

Is there a housing recovery underway in Colorado?  Colorado has 4 cities ranked among the 20 “healthiest” by Builder magazine, a trade journal for the home building industry.  Greeley (#20), Denver (#10), Colorado Springs (#7), and Fort Collins (#2) all made the list.  In addition, Moody's, a credit rating agency, expects housing metrics to be up across the board in 2012, with home prices climbing 2.6%, employment rising 1.4%, households increasing 1.8%, and median incomes rising a hefty 2.9%.   

Go Colorado!
  Read more.

Redevelopment at Gold Hill Mesa in Colorado Springs thriving

Redevelopment at Gold Hill Mesa in Colorado Springs thriving:  Gold Hill Mesa is an urban redevelopment 210 acre site on the west side of Colorado Springs.  Formerly a gold and silver mining site, development of the property had to overcome initial environmental hurdles unique to “brownfields.”  Brownfields are loosely defined as real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant.  

Revitalization of blighted or contaminated land, however, is arguably one of the best practices in sustainability a community can achieve, promoting the reuse of existing infrastructure while employing sustainable development practices.  Gold Hill Mesa is located just one mile from downtown Colorado Springs, and represents a unique redevelopment opportunity for area, or “a welcome alternative to life in the conventional sprawl,” as the community’s website (http://www.goldhillmesa.com) puts it. Read more   

Banks taking longer than ever to resell foreclosed homes

Banks taking longer than ever the resell foreclosed homes:  According to new, nationwide data from research company RealtyTrac Inc., banks are taking on average 20% longer to resell homes that had been previously foreclosed.  What does this data mean for community associations?

Often banks do not adequately maintain these properties and let them fall into disrepair until they are resold.  Associations should be aggressive in enforcement with these properties.  Liens for unpaid assessments and covenant violations should be recorded if these conditions exist to ensure that the Association is repaid upon resale and that the new owner is put on notice of any existing covenant violations.  In more extreme cases, an association should consider filing suit against the bank to ensure compliance with the covenants. Read more