by Goodman Law Group | Jan 2, 2022
Title 38 – Property – Real and Personal Article 33.3 – Colorado Common Interest Ownership Act Tort and contract liability 38-33.3-311. Tort and contract liability(1) Neither the association nor any unit owner except the declarant is liable for any...
by Goodman Law Group | Aug 30, 2020
Title 10 – Corporations and Associations Chapter 24 – General Provisions-nonprofit Corporations Article 4 – Definitions, Notice, Private Foundations, Judicial Relief and Religious organizations A. Notice under chapters 24 through 40 of this title...
by Goodman Law Group | Jan 2, 2022
Title 38 – Property – Real and Personal Article 33.3 – Colorado Common Interest Ownership Act Surplus funds Unless otherwise provided in the declaration, any surplus funds of the association remaining after payment of or provision for common expenses...
by Goodman Law Group | Jan 2, 2022
Title 38 – Property – Real and Personal Article 33.3 – Colorado Common Interest Ownership Act Bylaws 38-33.3-306. Bylaws(1) In addition to complying with applicable sections, if any, of the “Colorado Business Corporation Act”, articles 101 to 117 of...
by Goodman Law Group | Jul 29, 2019 | General Counsel |
There are occasions in which homeowners associations will work with the court system to deliver court orders to homeowners to fix up HOA violations. But what happens when homeowners fail to comply with these court orders? What recourse to HOAs have to ensure homeowner...
by Goodman Law Group | Aug 20, 2018
Clint Goodman Clint is our founding attorney. He focuses on servicing HOA and condominium association boards, and their management companies, with their general counsel and complex litigation needs. Clint volunteers much of his time educating managers and volunteer...
by Goodman Law Group | Oct 2, 2017 | Enforcement, MONTHLY SPOTLIGHT |
Few HOA board members relish the thought of filing a lawsuit against a homeowner, who is often a person who is also a neighbor and fellow community member to those in HOA leadership. But, unfortunately going to court or filing a petition via an alternative dispute...
by Goodman Law Group | May 1, 2018 | Condominiums |
Oftentimes, HOAs become conflicted when it comes to the requirements to amend CC&Rs. Sometimes CC&Rs set forth certain requirements that conflict with Arizona law. Without understanding the law, an HOA board may rely only on what is in the CC&Rs. This...
by Goodman Law Group | Jan 27, 2022 | Miscellaneous |
Rogue directors can be disqualified (i.e. effectively removed) from serving as a board member if they violate the Articles or Bylaws. For example, a director refuses to sign a Code of Conduct. The Bylaws require all directors sign the Code of Conduct. Said director is...
by Goodman Law Group | Jan 24, 2019 |
Evan Nielsen Tax Attorney talks about tax code changes, details on when an HOA needs to file a tax return and answers tons of questions HOAs have. For example, Evan covers whether rents an HOA receives from tenants living in its foreclosed homes is taxable. The...
by Goodman Law Group | May 11, 2017 | Enforcement, MONTHLY SPOTLIGHT |
A common question for new HOA board members or even for board members who have served for years but have never had to deal with a litigation threat is whether a board member can be personally liable in a suit related to his or her role as a board member. Just as in...
by Goodman Law Group | Apr 27, 2017 | Enforcement |
Landlords have relied on so-called “Section 8” housing as a source of income for decades, going back to the creation of the government-assisted housing program in the Housing Act of 1937, from which the name “Section 8” derives. The primary benefit of Section 8...
