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  • 04/01/2021 2:02 PM | Anonymous member (Administrator)

    By Josh Garcia, Denver Dryer Vent, LLC

    While cleaning the dryer vent is not on the top of every owner’s to-do list, it is a crucial activity that, when neglected, can cause increased energy bills, expensive dryer repairs, and dangerous fire hazards.  Thankfully, taking measures to keep these problems from arising is simple, only necessitating preventative dryer vent care.  


    While running, dryers create heat and humidity that needs to escape the dryer without obstruction, flowing unimpeded to the exit vent on the outside of the property.  Simple annual cleanings of your dryer vents can keep that humidity and heat from causing an accrual of lint in your ducting.  However, if dryer vents are not properly maintained, are laid out crudely, or were poorly installed, it can work against the airflow and pressure required for a functional dryer.  


    Sometimes, the problem is found in the design, layout, and/or installation of the ductwork running through walls and subfloors.  Longer dryer vents with more turns cause poor air velocity, encouraging lint accumulation and blockages.  Furthermore, the airflow exit point can also drastically affect the functionality of your dryer vent.  Sidewall exit vents are typically less expensive than other solutions, however, without protection, are prone to blockages from birds looking for a warm place to nest.  While rooftop vents seemingly pose a simple solution for owners, these vents can be significantly more expensive to install and maintain.


    Even a dryer vent with perfect ductwork and no external blockages will see buildup around the inside of the vent from lint and dust.  At one point or another, we have all been frustrated by having to dry a load of laundry a few times over, wondering why the laundry is still damp after a long dryer cycle.  This frustrating experience is often due to an accumulation of lint in the dryer vent from everyday use.  While running the load of laundry again may seem like an easy answer, running a dryer more than once to finish a load can double– or even triple– electricity costs.  On average, a clogged or poorly vented dryer will cost the owner an additional $12 – $18 a month.  Worse yet, a dirty dryer vent shortens the life of the heating element inside the dryer, leading to expensive repairs, sometimes costing upwards of $200.


    So, what does it look like to have a dryer vent cleaned? There are several options, and some may be preferred while others are more necessary due to the layout and design of a property. When possible, we always recommend a full-service cleaning.  In a full-service cleaning, the technician inspects your dryer vent and the flex hose that attaches to the wall, they will then run a rotating brush and rods through the duct line (like a snake) and push and pull the lint out via forced air and suction.  This “scrubbing” of the duct is ideal and is often necessary on the most difficult or clogged vents. Another option for larger complexes where there may not be severe blockage, but rather, a need for simple routine cleaning for 100 or more units, the technicians can clean the dryer vent from the outside of the property using a compressed airline and spinning head that feeds through the duct and pushes forced air back out towards the exit, essentially blowing out the lint. This, while maybe not as detailed as entering the property, is still a fantastic way to take preventative care and is more affordable when budget or entrance into units is an issue.


    Finally, beyond the improved energy costs and reduction in appliance repair risks, one of the most important benefits is the improvement of fire safety. It’s important to remember that dryers are a large electric heat source, so they need to be ventilated properly.  Otherwise, the accumulation of lint in the back of the dryer creates the perfect kindling to create a blazing house fire.  Over 2,900 dryer fires are reported in the US every year, of which, a large potion are due to lack of proper maintenance.  Regularly cleaning the vent of all lint and dust is the best way to minimize this risk. 


    Ultimately, there are many ways to clean your dryer ducting to reduce financial and safety risks, according to your individual needs.  For more information, to get a quote for your vents, or for answers regarding your community’s dryer vent care, feel free to reach out!


    Denver Dryer Vent is a locally owned Colorado based company that offers dryer vent cleaning, installation, and repair for both residential and commercial properties. 

    For more information on how to get your dryer vents up and running, feel free to visit our website at denverdryervent.com or shoot us an email at codryervent@gmail.com.


  • 04/01/2021 1:59 PM | Anonymous member (Administrator)

    By Chuck Hormuth, Aspen Group

    Most managers and owners are pressed for time and have budget constraints that make roof tune-ups feel like a luxury rather than a necessary maintenance function.  However, if done correctly, roof tune-ups will save time, frustration, and money.


    Let’s start with what a roof tune-up is. A roof tune-up is designed to address problems before they become a major issue.  A roofing professional can usually do a tune-up in a half day to a day, depending on the size of the roof.  The roof tune-up begins with a roof inspection. Inspections evaluate and document the exposed components of the roofing system.  The second step in the process is the actual roof tune-up.  The roof tune-up addresses the issues identified in the inspection.  Typical remediations include ensuring there are no exposed nail heads, that the pipe jack seals are in good condition, there are no missing or damaged shingles, the gutter system is able to perform properly, and there are no obvious issues with caulking or flashing.  Repairs completed during the inspection and when there isn’t an active issue are typically easier and less expensive.  


    A professional roofing tune-up should also include an inspection report with photos, which will also ensure you have documentation of the condition of your roof on a yearly basis.  This has proved extremely helpful for some of our clients during insurance claims as some insurers will use the lack of documented maintenance as a reason for denying a claim.  


    Having good documentation of the condition of your property’s roofs can also help you during a hail claim. In recent years, some insurance companies have started denying claims asserting the client’s hail damage is “old hail damage,” shifting the burden of proof back on the association or ownership group. By having a yearly inspection report with pictures, you will be in a better position to accurately file a timely claim and you will have documentation of the roof condition prior to your established date of loss with the insurance carrier.  


    Many roof leaks we repair after-hours are due to minor issues that a roof tune-up would have corrected.  A single roof leak repair will often cost more than the cost of an entire roof tune-up.  Leaks cause after-hour calls to management, unforeseen expenses, and possibly issues with relocation of tenants.  As a manager, roof leaks can also be the most disruptive to your schedule as they require immediate responses and seem to happen during evenings and weekends due to Murphy’s Law. 


    Some manufacturers state that you can extend the life of your roof by up to 5 years by performing yearly inspections, which can save you thousands and even hundreds of thousands.  While it does feel we all have less time and tighter budgets, we hope you see why a yearly roofing inspection will save you both time and money in the long run. 


    If you have any questions or would like to see a sample inspection report, please feel free to reach out to the author at chuck@aspengroupco.com.  

    Aspen Group has been serving the exterior reconstruction needs of HOA community since 2012, specializing in roofing, painting, and siding.  


  • 04/01/2021 1:57 PM | Anonymous member (Administrator)

    By Stephane Dupont, The Dupont Law Firm

    With Spring finally upon us, community associations and homeowners alike are planning for necessary repairs and renovations. Particularly in condominium and townhome communities, there can be a great deal of confusion and ambiguity surrounding who is financially responsible to either insure or maintain and repair a particular improvement.

     An association’s covenants define the various maintenance and repair obligations for both homeowners and the association and also address who is responsible for insuring buildings and other improvements. However, those covenants often contain conflicting or ambiguous language which make it very difficult, time consuming, and impractical to determine who is required to repair or insure a particular item. Community association managers and board members are frequently inundated with questions from owners seeking immediate answers relating to their various maintenance and insurance obligations. This often requires the assistance of legal counsel, perhaps at a significant cost, if the inquiries are numerous. If your Association’s covenants are vague and appear ‘outdated’, you will likely face an incessant and frustrating journey dealing with these issues. 

    Fortunately, an Association can request that their legal counsel prepare a maintenance and insurance chart that specifically addresses the vast majority of maintenance and insurance related obligations in a matrix or chart like format. For example, a chart created for a condominium association may address who is responsible for maintaining or replacing exterior doors, plumbing, or a limited common element patio while also providing guidance on who is required to insure those improvements.  This information is not only useful to boards and community association managers but can also be disseminated to homeowners to help clarify their obligations. Ultimately, this helps minimize further inquiries to the board and/or community association manager and deters unnecessary litigation brought by owners who may not properly understand their maintenance and insurance obligations. 


    Stephane Dupont is an attorney with The Dupont Law Firm and has over 21 years of experience representing common interest communities in general business, collection, and litigation related matters.

  • 04/01/2021 1:50 PM | Anonymous member (Administrator)

    By Travis Dunn, Denver Commercial Property Services

    Did you know concrete is used more than any other man-made material in the world?  

    It is everywhere you look. We all use concrete in our daily travels and it is often where you live and where you work. One of the most attractive benefits of concrete is its low initial cost and diverse usability.  When you think of concrete, you might reason it is bulletproof and in need of little maintenance or care…it’s concrete after all, what could possibly go wrong?  

    Although it might be pretty affordable, highly functional, and extremely durable, if left without proper care it can become a source of liability, costly repairs, and maintenance.  All concrete, regardless of where it is placed, needs some sort of protection.

    Remember that floors are subject to all kinds of abuse, load, impact, exposure to chemicals, thermal shock, and the list goes on. 

    If exposed to the elements, then consider moisture in that equation as well.  Water might be our lifeblood but it is the worst enemy to your concrete.  Concrete in all its glory comes with more than one Achilles heel; a couple to mention is that it is extremely porous, and it is guaranteed to crack!  Compressive strength might be a pro but tensile strength is a definite con.  Due to the lack of flexibility in concrete, and its likelihood to crack, your elevated structures such as decks, parking garages, etc. are reinforced with structural steel. Combine steel and water and you get corrosion, which expands causing your concrete to crack leading to structural failure.  

    There are many types of waterproof coatings and sealants to consider when looking for the best protection.  Don’t make the mistake of thinking that one size fits all.  

    Polyurethane, acrylic, and epoxy coatings are among the most common types of coatings selected to waterproof and protect concrete substrates.  Within those 3 categories alone you have literally thousands of systems and brands to choose from depending on your specific needs.  It would be impossible to take all systems and variables into consideration but here are just a few of the things to consider when selecting the right approach to your needs;

    • Do you need it to be flexible and elastomeric or do you prefer a more rigid and wear resistant surface? 
    • Aesthetics; do you want something decorative or will a simple solid color or clear coat finish suffice?
    • Is clean-ability, non-slip, or something in the middle right for your situation?
    • What kind of longevity is needed and what kind of traffic is the area subjected to?
    • How quick of a turnaround do you need?

    No matter how many considerations you have to take into account, there are several solutions that might fit your needs.  The selection of concrete coatings has never been greater, and for this reason you need a partner you can count on.  Floor protection, whether its elevated, on grade, interior, exterior, mechanical rooms, hallways or parking structures require careful and considerable assessment to determine the appropriate solution.  

    The selection process below should be followed to achieve a desirable outcome;


    1. Observe conditions
      • Regular onsite engineer assessments of the surfaces condition and exposure.
      • Once the onsite engineer can predict a potential concern, have a qualified contractor provide a free observation of conditions determine the needs of you as the client.


    1. Consider the effects of delayed or deferred maintenance 
    • Upon meeting with the qualified contractor, determine the safety concerns, hazards, regulations, and/or consequences that might arise if not immediately performed.  Often projects are deferred, and costlier repairs or incidence occur due to a lack of understanding the risks were you properly informed.


    1. Evaluate needs and performance requirements
    • Aesthetics, slip resistance, exposure to chemicals, traffic type and frequency, turnover time, odor and noise restrictions, thickness, warranty period, clean-ability, and other factors.
    • It is also critical to consider not only the coating (if any) but the full assembly, such as the substrate and its surrounding components (metal pan deck, cast in place, twin t, on-grade, suspended, etc.).


    1. Select the right contractor
    • Experience, references, years in the industry, knowledge, good communication, etc. are all key indicators of a good partner.


    1. Obtain warranty and general maintenance guidelines
    • Understand realistic expectations of the system
    • Maintain practices set forth in the warranty documents to uphold the warranty

    In summary, when it comes to concrete coatings and maintenance, you need a partner you can count on.  

    About the author: 

    Travis Dunn is an industry leader with extensive knowledge in all aspects of concrete coatings, repair, maintenance, and waterproofing. Travis has over 2 decades of experience applying, instructing, and consulting clients on best solutions for budgeting and specifying specialty coatings and waterproofing assemblies.

    Denver Commercial Property Services (DCPS) is the largest single source company in Colorado. You can rely on us to service all your Waterproofing/Coatings, Painting, Asphalt, and Landscaping needs for your HOA and multi-family properties.   

  • 02/01/2021 12:21 PM | Anonymous member (Administrator)

    By Nicole Hernandez, PCAM, CB Insurance

    We have faced a lot of new frontiers as a community this year—Zoom meetings, increased digital sharing of information, how to safely open community common areas, how to allow business partners to complete their work at the community without disrupting concerned residents—all while handling the additional influx of action items and working in a new environment and social culture.  


    Through all of these experiences, exposure to liability has been fresh on the minds of those who serve the HOA community.  It seems that every adjustment we make to this new world brings with it the question of liability, and adjoining that, the question of “Do I have insurance coverage for this?”


    Every action we take inadvertently contains some potential liability. It is important that we focus not on avoiding liability all together but on taking proper action to limit the most common forms of liability currently found in Community Associations.


    General Liability 

    One of the biggest exposures Community Associations experience is slip and falls. We are fortunate to live in such a beautiful state that allows us to experience a wide array of weather, but with that comes the need for ice treatment. A proper snow removal contract directing that snow removal be performed at a specific threshold is essential, but so is proper ice treatment. Things like ensuring good lighting and railings near any stairs or steps in the community and keeping up with maintenance, and correcting drainage or grading issues, will also help manage exposure to potential liability.  


    However, there are more property exposures that could give rise to a general liability claim. One of the most interesting claims I experienced in my prior role as a community manager was a gutter leak that ended up triggering response under the general liability portion of the package policy. Although the physical repair was related to the gutter, the circumstances of the situation provided for response under the general liability portion of the policy. This is one of the big reasons why we encourage insureds to hold all of their policies with one agent—the agent can handle the claim with all carriers and coverages that may provide response.


    It is important to keep this in mind when addressing maintenance items such as a burned-out light bulb or a raised sidewalk that has become a trip hazard. Safety items that sit too long without being addressed properly could potentially impact the Association’s liability. Of course, weather delays and scheduling are taken into consideration, but this is where strong relationships with your contractors become valuable. Maintenance checks (especially related to potential hazards) should be completed regularly, and the more eyes on the property, the better.


    Directors & Officers Liability (D&O)

    It always surprises me when HOA’s choose not to carry D&O coverage. This is the coverage that protects the Board of Directors from actions and decisions that are made within their scope of duties as a board member. Most of the claims we see under D&O coverage are non-monetary allegations of wrongdoing. Common examples of these claims are: Discrimination, Breach of Fiduciary Duty, and Breach of Contract. These types of claims can often be limited or excluded all together, so it is important to review each policy to ensure that coverage is included.


    It seems so simple, but the best way a Board can avoid these types of liability claims is to implement proper and reasonable policies and enforce them fairly and consistently. Collection policies, Covenant Enforcement policies, and Conduct of Meeting policies (among others) are all required by CCIOA. Now is a great time to pull out those policies, review them, and work with your attorney to provide relevant updates. Most importantly, be sure to follow them equally. 


    Worker’s Compensation

    As we know, when things go wrong, they can be catastrophic. That is certainly the case when we are talking about workers’ compensation. An executed contract that clearly specifies the scope of work is essential. Ensuring that contractors have proper insurance and implementing a code of conduct are additional steps that can be taken to protect the Association from claims. Indemnification provisions should also be discussed and written to ensure the Association is not unknowingly taking on liability for the contractor and the contractor’s employees. Regular evaluations and open communication will ensure that all parties stay on the same page as the contract progresses. 


    Data Breach Response

    This is currently a hot button issue. With more people than ever working in alternate environments, we are utilizing technology and sharing information digitally more than ever. Although I know we are all diligent about personal information (especially relating to finance), it can be easy to let your guard down or simply forget. Staying alert and verifying requests will help protect HOAs from potential exposure by anyone wishing to harm the Association. Protecting passwords and keeping security software up to date are simple steps that anyone can take to protect themselves.


    Potential issues can be overwhelming. If the Association is dedicated to ensuring smart business practices, the liability minefield will be much less of a danger. 


    Nicole Hernandez is a specialty insurance professional in the Denver Metro area focused on helping Community Associations build highly effective risk management programs. With 19 years of HOA experience, Nicole uses her results-oriented personality to provide knowledge and expertise to her role. 


  • 02/01/2021 12:20 PM | Anonymous member (Administrator)

    By Maris S. Davies, Altitude Community Law

    So, your home is located in both a sub-association and a master association community.  What does this mean and how will it impact you?  Generally, living in a community which is governed by both a master association and a sub-association means individual owners will be subject to two of everything.  However, individual master association / sub-association relationships will vary based on the specific governing documents for the community.  Outlined below are general categories where the governance of the two different (yet connected) associations may overlap or, possibly, clash. 


    What is a Master Association?


    A master association is an association which oversees and governs a group of smaller associations which typically share common areas of a large planned community (the master community).  Such smaller communities may be classified as single-family homes, townhomes, or condominiums.  Each smaller community is bound by its own individual set of governing documents in addition to the master association governing documents.  


    Maintenance


    When residing in a master / sub-association community, questions will inevitably arise regarding maintenance.  Specifically, owners may question whether a component should be maintained by the master association or a sub-association.  Common areas, which may include the main roads, pools, clubhouses, playgrounds, or other areas in the community which are available to all residents within the master association are typically maintained by the master association.  Any amenity or common area which is specifically owned by and/or allocated solely to a sub-association is typically maintained by the sub-association.  Again, individual documents for individual communities may contain maintenance requirements that stray from the general formula stated above.  Therefore, as a board member or managing agent, it is extremely important to review both sets of governing documents before making statements regarding maintenance obligations.  


    In some cases, but not all, the master and sub-association documents may allow the sub-association to convey, and the master association to assume, sub-association maintenance obligations.  This allows for flexibility between the associations, ease of maintenance, and may help with overall maintenance costs if the master association is able to secure one vendor to perform, for example, all landscaping work in the community.  This type of conveyance should always be documented through a resolution memorializing the transfer of the maintenance obligations and, again, only if permitted in the two declarations.   


    Assessments 


    Once the maintenance obligations have been determined, the question will inevitably arise as to who pays for such maintenance in the community. The individual governing documents for both the master association and the sub-association will outline when assessments are due and how they are calculated.  Individual owners may be required to pay two different assessments (one to the master and one to the sub), based on two different budgets. The amounts will fluctuate based on the maintenance, insurance, and operating costs of the communities, including whether or not the master has assumed any of the sub association maintenance obligations.  In the alternative, a master association may simply assess the corporate entity of the individual sub-association the total monthly dues owed for all owners in the community.  Individual sub-association owners will then pay their master association assessments as a part of their sub-association dues, eliminating the need to pay two different assessments. This type of assessment structure should be analyzed prior to implementation to confirm the sub-association has the ability to track such payments and to analyze any possible collection issues when consolidating assessments.


    Covenants


    In addition to the possibility of two assessments and two different entities performing maintenance in the community, individual owners will also be subject to two sets of covenants, rules and regulations, and design guidelines.  The entire community, including all single-family homes, townhomes, and condominium units must comply with the master association covenants, rules and regulations, and design guidelines.  In addition to these obligations, each individual sub-association will have a separate set of covenants, rules and regulations, and design guidelines (which will likely be different than other sub-association documents in the community).  These covenants, rules and regulations, and design guidelines may not contradict each other.  As with maintenance obligations, sub-associations may choose to assign its enforcement authority to the master association.  This will eliminate the possibility for double enforcement.  In addition, enforcement by one entity will assist in avoiding contradictory rules, regulations, and design guidelines. Unlike the ability to assign maintenance obligations, the power to assign enforcement duties does not need to be stated in either declaration. 


    Board members on both the master and sub-association board must work together to correctly interpret and enforce the governing documents.  Boards must also be aware of maintenance obligations and enforcement duties and should develop a scheme to coordinate vendors and enforcement and/or delegate such maintenance and/or enforcement to the master association.  Only by working together, keeping open lines of communications between boards, and clear communication with owners will a master and sub-association community thrive.  

  • 02/01/2021 12:17 PM | Anonymous member (Administrator)

    By Geneva Cruz-La Santa, CP&M

    It seems that many contractors, property managers, and their communities are being affected by the COVID-19 Pandemic, which has driven the health and safety of employees, customers, suppliers, contractors, and their families to a top priority. As safety measures are put into place to protect people's lives, a system needs to be put in place to help protect everyone's businesses as COVID downturns the global economy.


    COVID seems to be ruling everyone's daily routine and holding the reigns on our daily decisions. What appears not to have changed is the demand for material and services; it is volatile right now, creating an array of pricing challenges and contract delays. Contractors that concentrate on long-term value rather than short-term gain are best situated to meet these pricing and contract challenges. 


    COVID exerts sudden and unprecedented pressures, like price increases due to demand or material shortage, production delays, labor, delivery setbacks, COVID exposure concern, or quarantine measures. New and potential clients seek discounts and contract renegotiations, looking for cheap, temporary, and quick band-aid fixes rather than permanent, cost-effective solutions. Contractors need to sustain value to survive the pandemic and protect their employees' livelihoods and client communities. Contractors have the challenge of managing costs to safeguard competitive pricing against their competitors. They also need to be flexible and creative to support clients in this tough time and work with them to get through the pandemic together. However, planning for a long-term view or commitment during this pandemic may seem like a roller coaster of a ride nearly every day. As contractors, we should be taking the time to communicate and review our relationships with our potential and current clients and their communities.


    Our prime focus should be to:  

    1. Provide safe working conditions for both workers and community residents.
    2. Offer multiple and flexible solutions.
    3. Listen to client’s payment concerns.
    4. Seek long-term value concepts rather than short-term benefits. 
    5. Help clients focus on maintaining or using reserves. 
    6. Help clients preserve/maintain communities in cost-effective ways.
    7. Work with suppliers to prevent costs from rising too sharply.  
    8. Address client’s urgent needs.
    9. Work on a community plan and pricing summary to prioritize urgency of needs. 
    10. Are your pricing measures ethical and legal? 
    11. Does any significant price increase reflect increased costs? 
    12. Are you keeping your clients' community needs in mind? 
    13. Keep a long-term perspective. Reinforce trust by tracking key customers' evolving needs and standing by and defending them during their most challenging times.
    14. Help the sales team tailor contracts to new situations and strengthen value proposition communication.
    15. Alleviate customer concerns by providing customers with supply guarantees after consulting with suppliers. 
    16. Provide incentives for loyal/repeat clients in order to strengthen relationships. 
    17. Effective contractors show empathy and can explain how much value they provide compared to their competitors.
    18. Train Sales skillsets with new, creative, and assuring negotiation tactics. Value selling, pricing, handling objections and communicating value propositions, and how effectively it can be delivered via multiple virtual platforms.
    19. Create flexible pricing by addressing customers' short-term fixpoints without destroying long-term fix goals. 

     

    • Provide temporary pricing 
    • Explore ways to unbundle offerings
    • Offer one-time promotions
    • Flexible payment terms
    • Credit for future purchases
    • Other techniques that offer fair pricing while providing flexibility for future fixes.


    As contractors, we should understand our company's position in the field, anticipate competitors' likely reactions to defaulting contracts and pricing increases, and plan how to best respond to clients looking for assistance in handling and overcoming these concerns. 


    We should seek opportunities that preserve and sustain communities. We should look for a winning scenario to support clients and employees during the COVID pandemic while remaining flexible and focused on safeguarding lifelong relationships.


    My name is Geneva Cruz-La Santa and I have been with CP&M (Community Preservation & Management, Inc.) and its many entities for over 17 years. I have enjoyed watching CP&M grow into a full-service General Contractor with an in-house roofing division R3NG. CP&M specializes in providing solutions for commercial property managers, HOA managed multi-family and single-family communities, REO rehabilitation, apartment industries, and government housing entities. 

  • 02/01/2021 12:15 PM | Anonymous member (Administrator)

    By Gabriel Stefu, WesternLaw Group

    It is not uncommon for HOA Boards to need and want additional help with projects around their HOA community.  This help often can come in the form of volunteer Homeowners and self-help projects undertaken by Board members. While this form of help can be cost-saving for many HOAs, the Boards must consider the potential liability and legal ramifications of unfettered volunteer-based projects in their Associations.

    Because of the legal complications that may arise when Board members or Homeowners undertake volunteer projects, these sorts of projects should be approached with caution and with consideration of potential legal issues that could occur.  One potential issue stemming from volunteer projects is the matter of paying the Board members or Homeowners who perform the task.  Although paying a person from the Community may be cheaper than hiring a business or contractor, HOAs must be careful to avoid conflicts of interest and liability to the volunteer & Association.  Community Associations in Colorado are required by state law to have a “Conflict of Interest Policy” adopted to govern situations such as these and other conflicts.  Such a policy delineates when a Board member is deemed to have a conflict of interest and how such conflict can be resolved. For example, the Board members must be careful to disclose if they will receive a personal benefit from a volunteer project or from volunteering on a project, apart for reimbursement for actual expenses, and should follow the Conflict of Interest Policy if such a situation occurs.  

    Even if the volunteers are not being paid for their work, HOAs must be mindful of the potential liabilities that can arise from the physical or mental nature of the undertaken projects.  If an HOA allows volunteers to help with some community landscaping, for example, what are the potential repercussions should a volunteer get injured on the job or cause injury to another party?  The injured party can sue the HOA for damages, which will be both a lengthy and expensive process.  In addition, an injury to a Homeowner or the potential lawsuit stemming from it may hurt the sense of community many HOAs are striving to achieve.  Thus, an HOA Board must consider how to protect the Association from such liability if a volunteer is injured or causes injuries to another during a project. 

    One way an HOA can protect itself from liability is through obtaining a Waiver of Liability from the volunteering parties.  Your legal counsel can draft these waivers of liability that would need to be signed by the volunteer party before any work is undertaken.  These waivers have the volunteer agree to not hold the Association liable if injuries should occur during the work.

    HOAs can also treat the volunteers as “independent contractors.” This means that the HOA should require any Board member, Owner, or person that is doing volunteer work to obtain and retain insurance.  The insurance that the volunteers hold should cover property damage, bodily injury, indemnification, and possibly reputational harm and other injuries.  Having the volunteers carry their own general liability insurance can help protect the HOA’s interest in case of mishaps.

    Another main way for HOAs to protect themselves from liability during volunteer work is to make sure they have adequate liability insurance for the Association.  By making sure your HOA’s insurance policy has numerous protections for liability, and that those protections are up-to-date and expansive, your HOA will be better protected if a volunteer project is undertaken.

    A final consideration before allowing volunteer work to occur is to consider the type of work that is being done.  If the project at hand is remedial, using volunteers may be an acceptable way to address issues quickly and affordably.  However, for projects that are dangerous or require more physical exertion or otherwise specialized knowledge, it would be best to hire experts to perform the work.

    Though allowing volunteer projects to occur on behalf of the Association is generally discouraged due to the potential legal ramifications, the lengthy insurance process, and the chance for injury and damages, should your HOA choose to take these projects on, the Board should be mindful to have the proper protections in place to avoid liability.  These protections include complying with and updating your HOA’s Conflict of Interest Policy, maintaining adequate liability insurance for the HOA, requiring volunteers to maintain their own liability insurance (similarly to independent contractors), and having volunteers sign waivers of liability before work begins.  If your HOA implements these things, it will have the necessary protections from the multitude of complications that may present themselves during such volunteer-based work.


    WesternLaw Group is a Colorado law firm specializing in Community Association law.  Our practice focuses on the preventive aspects of HOA procedures and interpretation of governing documents. 

    Gabriel Stefu is the founder and a senior attorney for WesternLaw Group and specializes in HOA litigation, transactional work, and collections.

  • 02/01/2021 12:11 PM | Anonymous member (Administrator)

    By Ashley Nichols and Wes Wollenweber, CAI Rocky Mountain Chapter Editorial Committee

    Alaska Airlines recently announced that as of January 11, 2021, it would officially ban Emotional Support Animals (ESAs) from its flights. The decision follows new US Department of Transportation (DOT) rules which gave airlines “control of the cabin” following “feedback from the airline industry and disability community regarding numerous instances of emotional support animal misbehavior which caused injuries, health hazards and damage to aircraft cabins.”  The airline will continue, pursuant to the law, to allow accommodations for trained service dogs.  This week, United, American, and Delta joined Alaska in the ban of ESAs on their flights.  


    While there is specific guidance for airlines on this topic based on the rules in place from the DOT, many of our boards often ask what they can do within the limit of the law and their Association’s governing documents when it comes to regulating ESAs in their communities. Especially now, in this time of pandemic, when anxiety and stress levels are higher than normal, and owners are certainly spending more time at home, perhaps in no-pet communities.  The number of pet sales and rescues are up and people are turning to animals as a source of comfort and emotional support.


    Take the following example: Community Manager advises the board that an owner in your upscale community has installed a chicken coop with a handful of chickens in their back yard. Your Association has a "no fowl" covenant. The nearby neighbors are aware of this and are not at all happy about the noise and prospect of farm-like atmosphere. Worse, the coop owners never brought their chickens to anyone's attention. When your Community Manager issues a warning letter, the coop owners are outraged, and write a letter that the chickens are emotional support animals and are helping their two children with their emotional disabilities that have been made worse by COVID-19 and having to participate in school online. 


    This, of course, raises a reasonable accommodation request under both the federal and state Fair Housing Acts. An accommodation is a request for an exception to a rule, policy, practice or service. Here, on behalf of their children, the coop owners are asking for an exception to the no-fowl covenant. With the various downsides of a pandemic, requests for emotional support animals (aka companion animal or comfort animal) are on the rise. Unlike the Americans with Disabilities Act, which only provides for service animals (and primarily service dogs), the Fair Housing Act allows for two types of Assistance Animals for individuals with disabilities who qualify for such animals: (1) service and (2) emotional support. Handling requests for emotional support animals properly is more important than ever. 


    So, can the Association simply reject the request for chickens as a reasonable accommodation based on the fact that it is a quiet suburban neighborhood with rules in place stating that the community does not allow fowl? The short answer is no. Under the pertinent Fair Housing legal authority, the Association must evaluate the request and engage in a dialogue with the coop owners about the request. What are the Association's rights?


    The Association has the right to make three inquiries: First, whether the coop owners' children are individuals with a disability as defined by federal and state Fair Housing law; second, whether they truly need the chickens to help them with some particular aspect of their disability in a way that allows the children to enjoy their home in the same manner as an individual without a disability; and third, and final, whether the request is reasonable.


    As to inquiry one, a person is an individual with a disability if he/she has a physical or mental impairment that substantially limits one or more major life activities; has a record of a disability; or has been regarded as having a disability. Emotional Support (or Companion) Animals typically arise for individuals with a mental impairment, where the animal's bona fide purpose is to ameliorate (lessen) the impact the individual's disability has on daily life. 


    As to inquiry two and need, the coop owners must demonstrate a nexus (strong connection) between their children's disability and why they need chickens. The Association has a right to ask the owners to establish the connection. Why do they need chickens for comfort in this pristine neighborhood? Why won't a puppy work? The next big question is always, "what kind of information can we ask for?" Under the United States Department of Housing and Urban Development (HUD) and the United States Department of Justices' Joint Guidelines on Assistance Animals, and as with any reasonable accommodation request, the Association may ask for documentation and proof as to disability and need if they are not obvious. If someone asks for a service dog, such as a seeing-eye dog, and the person with the disability is clearly blind, then both disability and need are obvious and an Association may not request any further documentation. But here, not much is known about the children, other than they have some type of emotional-type disability. So, disability and the need for the chicken is not known. As such, the Association may ask for documentation concerning both.


    But wait! Can't we deny this request as unreasonable, based on the third inquiry, before going through all this effort? After all, puppies provide all kinds of comfort. That is a common and valid question. Unlike in various areas of law where "reasonable" is defined to be what a judge tells you it is on the day you are in court, the federal Fair Housing regulations have a definitive definition: A request is reasonable if it is feasible or practical. 


    Looking at the request, an Association can and should evaluate need and reasonableness together. The Association does not have a right to know extensive details concerning the children's disabilities. However, they can inquire about what substantial limitations will be helped by having an emotional support animal and how. Further, in this context, the Association truly can ask why some other type of animal, which does not violate the no fowl rule, will not work. The basis for this question is the contention that chickens, as emotional support animals, are not feasible or practical in the community.  The coop owners may challenge this, but the Association is certainly within its right to make the inquiry. Whether an accommodation is impractical or unfeasible, and could therefore be denied, must be based on objective criteria. If several residents will be up in arms, there is at least an argument that it is not reasonable.  The board must gather the information to legitimately asked questions and seek to make a decision that is compliant with law based on the evaluation of need and reasonableness together.


    Given that we all need a little extra emotional support at times, and especially in these trying times, when your community is faced with a request for a reasonable accommodation for a support animal in your no-pet community, make sure that you discuss your options with legal counsel.  Having your Association’s attorney review the request, the Association’s governing documents, potential impact on the community, input from neighbors, etc. to help the Association determine whether a request is feasible or practical can help avoid missteps that could lead to legal liability for the Association.


    Ashley Nichols is the principal and founder of Cornerstone Law Firm, P.C.  She has been in the community association industry for thirteen years, providing associations with debt recovery solutions for their communities.  Cornerstone Law Firm represents Colorado communities in all areas of common interest community law. You may find out more at www.yourcornerstoneteam.com.  

    Wes Wollenweber is a founding partner at Pearson Wollenweber Freedman, LLC in Lakewood, Colorado, where his law practice focuses on litigation and mediation of complex community association disputes.

  • 02/01/2021 12:07 PM | Anonymous member (Administrator)

    By Tim Moeller, Moeller Graf, P.C.

    Over the past year we have been required to spend much more time at home.  During that time, some of us have been attempting to tutor our children through virtual schooling. We have cancelled vacations, graduations, and other important events. These stressors have not brought out the best in everyone.  Many board members, and every manager, have tales of community members acting less than affably.  Perhaps they were upset for not having access to the pool during a pandemic or for not getting elected to the Board.  Perhaps they are experiencing financial hardship or experiencing difficult times for other reasons.  In any event, when bad behavior arises, we are routinely asked if it rises to something that the Board can or should address. At what point does the community association’s board of directors become the etiquette police?


    “Harassment” is defined in Black’s Law Dictionary as “words, gestures, or actions which tend to annoy, alarm, or abuse another person.”  To annoy, Black’s suggests, “is to disturb, irritate or cause discomfort.  Abuse consists of insulting, hurtful or offensive wrongs or acts.”  Ultimately, whether someone was harassed will depend on whether the targeted individual felt intimidated or threatened, not whether the angry individual intended their actions to be abusive or intimidating.  


    Criminal harassment is statutorily defined in Colorado Criminal Code C.R.S. § 18-9-111 and is known as Kiana Arellano’s law.  In summary, criminal harassment includes, but is not limited to, an individual having an intent to harass, annoy, or alarm another person and with that intent to harass, then doing one or more of the following: striking, shoving, kicking or otherwise touching a person or subjecting them to physical contact; or in a public place, directing obscene language or making an obscene gesture to or at another person; or following a person in or about a public place.  Criminal harassment may also include initiating communication with another person anonymously or otherwise in a manner intended to harass or threaten injury to body or property or making any obscene comment, request or suggestion or repeatedly insulting, taunting, or challenging an individual in a manner likely to provoke a violent response. 


    The association should attempt to deal with actions constituting harassment if the actions are a violation of the association’s governing documents.  However, the Board might also consider contacting the local authorities to address the situation.   


    What is often referred to as “civil harassment” is more about the remedy than the conduct asserted and usually involves the filing of a complaint in court against the abusive individual seeking damages or injunctive relief for a violation of the association’s governing documents.  Seeking injunctive relief equates to asking a court to restrain a party from doing certain acts or requiring a party to act in a certain way.  A community association, not being an individual, must show that the individual in question has violated the governing documents of the Association.  


    Some governing documents contain a provision allowing its members the right to quiet enjoyment of their property.  Others contain a provision prohibiting nuisances.  It is not uncommon for boards, managers, and other members to summarily conclude that a bad actor in the community is a nuisance and seek punishment based on that provision in the governing documents.  


    However, typically, the law defines a private nuisance as an unreasonable or unlawful use of one’s property in a manner that substantially interferes with the enjoyment or use of another individual’s property.  You can find examples of this in cases where odor, noise, or vibration from one property negatively affects the neighboring property.  Harassment does not fall nicely within the constructs of nuisance.  


    Therefore, while there may be some general provisions found in your governing documents, it may be helpful to amend your governing documents to include specific provisions against the harassment of persons within the community, to include managers and vendors.  While a rule pertaining to harassment is helpful, having language in the association’s declaration is preferred as the court would likely give more deference to a provision that had been adopted by the vote of the entire community.  Be warned, though, that this will obligate the association to enforce the anti-harassment clause, which can further mire the Board and management in being what may feel like the etiquette police for the community.


    An amendment to the governing documents may address such issues as abusive language, use of profanity, taunting, threatening others, abusive and excessive contact (including emails, texts, and phone calls), and stalking.


    Additionally, associations experiencing harassment issues should consider placing language in its policy pertaining to meetings as well as in any meeting code of conduct that may be provided at the outset of a meeting.  


    Once these measures are in place, the expectations within the community become clear, as do the parameters for when and how the Board must step in and act to enforce the governing documents of the community.  Start with the conduct.  Maybe it is criminal.  If so or if not, the Board should then see if there exists a violation of the governing documents.  


    Tim Moeller is a co-founder of Moeller Graf, P.C. and has been practicing community association law for over 20 years in Colorado.  

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