As Merlin attorney Jonathan Bukowski previously discussed, the Colorado Common Interest Ownership Act (CCIOA) sets forth specific minimum insurance requirements for common interest communities, such as condominiums and homeowners associations (HOAs). These requirements are designed to ensure that common elements and, in some cases, individual units are adequately insured. Continue Reading Colorado’s FAIR Plan Expands Safety Net for At-Risk Properties
One of the most frequent questions posed to us surrounds the requirements surrounding notice of membership and board meetings. While the Colorado Common Interest Ownership Act does not require notice of board meetings to membership, Section 38-33.3-308(1) does outline certain requirements with respect to notice of annual or special membership meetings of the unit owners. Therefore, it is important to understand the specific requirements of the Act with regards to notice of these meetings.Continue Reading Colorado’s Notice Requirements for Meetings of the Board and Membership
We often receive questions from concerned Colorado association members regarding the law surrounding closed-door executive meetings held by their board or committee. In 1992, Colorado enacted Colorado Revised Statute § 38–33.3, also known as the Colorado Common Interest Ownership Act, to strengthen homeowner associations and common interest communities. The Act attempts to establish a comprehensive and uniform framework for the creation and operation of common interest communities.Continue Reading Colorado: When May An Association Hold Closed-Door Executive Meetings
It seems that every few years the appraisal process becomes a hot topic across the country. While there are a number of disputes that can arise, the scope of what is determined in the appraisal process is often at the forefront of the argument.Continue Reading Federal Court Sides with Association in Appraisal Dispute
There are currently a large number of condominium and homeowners associations pursuing property damage claims in Colorado. With the number of wind and hail storms over the past couple of years, many of these claims are coming with higher dollar values than most policyholders have submitted in the past. One question I continually receive is what obligations an insurance company has in adjusting and paying a claim.Continue Reading Claim Investigation, Negotiation, and Payment in Colorado
If asked what an ordinary person might select for casual reading, one might think of books, magazines, or newspapers, but probably not insurance policies. If an ordinary person were to read an insurance policy, what would he or she think it meant? In states that employ the “reasonable expectations doctrine” for insurance policies, courts are often faced with this question. Colorado is one of the states that considers the reasonable expectation of the insured when interpreting insurance policies, and a recent condominium case there took a grammatical approach to determine what an ordinary reader would have understood the condominium policy to have covered.Continue Reading Colorado Court Employs Grammatical Approach to Determine Man-Made Earth Movement Not Excluded Under Earth Movement Policy Provision