By Trip Nistico, Burg Simpson Eldredge Hersh Jardine, P.C.

In construction defect lawsuits brought by HOAs, it is not uncommon for the defendants (often the developer and builders of the community) to request to take a deposition of any property management company that has worked with the association. These depositions of companies—as opposed to individuals—are referred to as 30(b)(6) depositions because they are governed by Rule 30(b)(6) of the Colorado Rules of Civil Procedure. 

Because property management companies are unlikely to be a named party in a construction defect lawsuit, non-party property management companies that have received a Rule 30(b)(6) deposition notice often question whether they must comply with such a request. While this is somewhat of an open question under Colorado law, federal courts interpreting Rule 30(b)(6) of the Federal Rules of Civil Procedure—which is identical to the Colorado rule—have held that both parties and nonparties must comply with Rule 30(b)(6). Nonparties, however, will only be required to submit to a 30(b)(6) deposition if they were properly subpoenaed.

A property management company that receives a valid Notice under Rule 30(b)(6) is expected to designate one or more witnesses who can speak to the organization’s “knowledge” on a list of potential deposition topics that will be included in the Notice. In theory, what the organization “knows” is a combination of the information learned by its officers, directors, agents, employees, or others, as well as other knowledge residing in the company’s records. 

It is not unusual, however, that a property management company no longer employs any of the individual property managers that worked with the HOA. But even if the property management company no longer employs any individuals with first-hand knowledge of the deposition topics, the company is expected, if reasonably possible, to “create” a witness or witnesses from information reasonably available to the company. The company may not simply respond that there is no witness available who has personal knowledge concerning the areas of inquiry. Nor may it simply designate a witness that will not be reasonably prepared to provide relevant information on the designated topics.

Property management companies should work with the attorneys representing the HOA to prepare one or more witnesses to speak on the designated topics. These attorneys will be able to determine if the company was properly subpoenaed, who should be designated as deposition witnesses, how best to prepare the witness, and whether a protective order (explained more below) should be sought.

A company that fails to take its Rule 30(b)(6) obligations seriously puts itself at risk. Rule 30(b)(2) allows courts and arbitrators to issue various sanctions against companies that fail to comply with these obligations. Possible sanctions include:

• Holding the company in contempt of court
• Requiring the company to pay any reasonable expenses, including attorney’s fees, that the party issuing the 30(b)(6) Notice incurred because of the company’s noncompliance

Who can be designated as a witness in a Rule 30(b)(6) deposition?

Rule 30(b)(6) states that a corporation or other entity may designate any officer, director, managing agent, or any “other person[] consenting to appear and testify on its behalf with respect to the matters reasonably available to the organization.” 

This includes former employees who consent to serve as witnesses—particularly when no current employees have relevant firsthand knowledge of the events in question. However, while a company may designate consenting former employees in these situations, it is not required to do so. “The burden under C.R.C.P. 30(b)(6) is to produce witnesses who are knowledgeable, not to produce an exhaustive list of witnesses to testify as to each and every factual assertion made by an organization.” 

The company is not required to designate a witness with first-hand, personal knowledge of the designated topics. The designated witness just needs to be reasonably prepared. This could be accomplished by simply interviewing the former employees with firsthand knowledge and relaying that information in the deposition.

If there is nobody inside the company that has relevant knowledge of the deposition topics, it may be appropriate to designate somebody outside of the company. Courts have allowed companies to designate outside consultants as 30(b)(6) deposition witnesses. In one case, a federal court allowed an entity to designate one of its litigation attorneys as a Rule 30(b)(6) witness. 

While there is risk in designating an attorney that is directly involved in the litigation as a Rule 30(b)(6) witness—as it is possible that this attorney would later be disqualified from representing any party in the trial—the fact that courts have allowed this shows that a company can designate practically anybody as its 30(b)(6) witness. In fact, it is likely that most courts would allow the same person to be designated as the Rule 30(b)(6) witness for both the HOA and a property management company that managed it, as long as this witness has completed the necessary preparation to answer on behalf of both entities. 

In addition, nothing in Rule 30(b)(6) precludes the company from providing “contrary or clarifying evidence” when a designated witness either does not remember or misstates facts in the deposition. This could include designating additional 30(b)(6) witnesses, providing affidavits and other evidence, and, if necessary, subpoenaing witnesses with relevant information that were unwilling to serve as a 30(b)(6) witness. It is still crucial, however, to make sure each witness is as prepared as possible, as each witness’s testimony—even if later supplemented or corrected—can still be used in litigation.

Note on the “Apex” Doctrine:

Challenges based on who companies designate as 30(b)(6) witnesses are almost always unsuccessful: there is no requirement, for instance, that the entity designate an employee of the company or someone with first-hand knowledge of relevant facts. Sometimes, defendants will seek to depose a CEO or other high-level officer of a company (often referred to as “apex” depositions because these officers are at the apex of the corporate hierarchy) that was not designated as a 30(b)(6) witness—even when these officers have no relevant information to provide. In these situations, courts will sometimes step in to prevent these depositions under the “Apex doctrine.” 

Although officers of a corporation are not immune from being deposed, apex depositions are potentially harassing, particularly where apex officers have little or no relevant information. Courts are therefore likely to grant a protective order under Rule 26 to prohibit depositions of senior officers with little or no relevant information. 

To overcome this doctrine, the party seeking to depose the high-level officer must show that (1) the official has “unique or superior” personal knowledge of relevant information, and (2) that there is no less-intrusive way the party could obtain this information. It is unlikely that a party could establish that a high-level officer of a property management company that did not manage the HOA involved in the construction defect lawsuit has “unique and superior” personal knowledge of relevant information that cannot be obtained by other means. 

What if it is impossible to prepare a witness to testify on the designated topics?

Sometimes, after reviewing all available documents that might contain information relevant to the designated deposition topics, and after interviewing (or attempting to interview) any former employees or others who might have relevant information, the organization is still not able to prepare a witness to that can testify on these topics. When that is the case, the company (through assisting legal counsel) should inform the party that requested the deposition that it will not be able to produce a witness to testify on those topics, and it should do so well before the deposition.

If an agreement cannot be reached with the other party’s attorneys, the attorney advising the company may then seek a protective order. If the company convinces the judge or the arbitrator that it has no reasonable means of preparing a witness to testify on one or more of the designated topics, the judge or arbitrator may grant a protective order, excusing the company from being deposed on these topics and from any related sanctions. 

It is important, however, that a company that finds itself in this situation seeks a protective order before the deposition. Where the parties are unable to agree to narrow the deposition topics, the failure to seek court clarification before the deposition begins could result in the judge or arbitrator finding that the company waived any objections to the scope of the deposition topics. On the other hand, judges have generally been willing to strike topics that were overbroad or not specific enough when they were presented with this issue before the deposition. 

Conclusion

Rule 30(b)(6) depositions can be burdensome for any company. Determining the best response to a 30(b)(6) Notice requires familiarity with the applicable rules and the experience to know how to conduct a proper investigation, who to designate as the witness or witnesses, how to prepare these witnesses, and if any challenges should be brought. 

While these obligations are burdensome, companies risk incurring significant penalties—and even liability—if they ignore these obligations by either failing to produce a witness or producing a witness who is unprepared. Even property management companies that managed the HOA years before the lawsuit began should take these obligations seriously and either work with the HOA’s legal counsel or other legal counsel that is familiar with these matters.

Trip Nistico is an associate with the Construction Defect Group of Burg Simpson Eldredge Hersh Jardine PC. The group represents commercial and residential property owners, homeowner associations and unit owners, and construction professionals and insurers in construction defect, product liability, and insurance coverage disputes.

¹. D.R. Horton, Inc. v. D&S Landscaping, LLC, 215 P.3d 1163, 1167 (Colo. App. 2008) (noting that federal decisions interpreting Fed R. Civ. P. 30(b)(6) are highly persuasive in Colorado courts because Colorado decisions interpreting C.R.C.P. 30(b)(6) are sparse and because the federal rule is “identical” to the Colorado rule).

². See, e.g., Price Waterhouse LLP v. First Am. Corp., 182 F.R.D. 56, 61 (S.D.N.Y. 1998).

³. See, e.g., Estate of Esther Klieman v. Palestinian Auth., 293 F.R.D. 235, 245 (D.D.C. 2013). For the rules governing subpoenas in Colorado, see C.R.C.P. 45, which is similar—but not identical—to the federal rules governing subpoenas discussed in Klieman.

⁴. See Martin D. Beier, Organizational Avatars: Preparing CRCP 30(b)(6) Deposition Witnesses, 43 Colo. Law. 39, 39 (Dec. 2014).

⁵. Id.

⁶. See id.

⁷. D.R. Horton, 215 P.3d at 1168.

⁸. See id. at 1167.

⁹. Or, if the HOA is the party seeking to depose the property management company, the company may prefer to work with the attorneys representing the developer. This may be the case where the property management company primarily worked with the HOA prior to turnover or where the developer has claimed that the property management company was its agent.

¹0. While arbitrators do not have the authority to issue contempt citations (see C.R.S. § 13-22-217(4)), it is possible that this matter could be referred to a judge who has such authority.

¹1. See C.R.C.P. 37(b)(2)(A)–(E) for the complete list of possible sanctions.

¹2. C.R.C.P. 30(b)(6) (emphasis added).

¹3. See D.R. Horton, 215 P.3d at 1168.

¹4. Camp Bird Colo., Inc. v. Bd. of County Comm’rs of Ouray, 215 P.3d 1277, 1290–91 (Colo. App. 2009).

¹5. See, e.g., Reed v. Bennett, 193 F.R.D. 689, 692 (D. Kan. 2000).

¹6. ACE USA v. Union Pac. R.R. Co., Inc., 2011 U.S. Dist. LEXIS 80793, at *9 (D. Kan. July 25, 2011).

¹7. See D.R. Horton, 215 P.3d at 1169.

¹8 Cartier v. Bertone Group, Inc., 404 F. Supp. 2d 573. 574 (S.D.N.Y. 2005), injunction granted, 2005 U.S. Dist. LEXIS 35053 (S.D.N.Y. Dec. 20, 2005).

¹9. See New Jersey Spring Corp., 2010 U.S. Dist. LEXIS 14890, at *14 (D. Kan. Feb. 19, 2010).

²0. Camp Bird, 215 P.3d at 1291.

²1. See Great Am. Ins. Co. of N.Y. v. Vegas Constr. Co., 251 F.R.D. 534, 542 (D. Nev. 2008).

²2. See D.R. Horton, 215 P.3d at 1170.

²3. See id. at 1169.

²4. See id. at 1170.

²5. See Reed v. Bennett, 193 F.R.D. at 692.

²6. See, e.g., Jones Co. Homes, LLC v. Laborers Int’l Union of N. Am., 2010 U.S. Dist. LEXIS 136911, at *6 (E.D. Mich. Dec. 28, 2010).

²7. 1 Discovery in Construction Litigation P 7.01 (2019).

²8 See id., n. 1.4 (citing cases and other authority and providing additional information about this doctrine).

²9. See, e.g., Jones Co. Homes, 2010 U.S. Dist. LEXIS 136911, at *6.

³0. See Calzaturficio S.C.A.R.P.A., s.p.a. v. Fabiano Shoe Co., 201 F.R.D. 33, 38 (D. Mass. 2001).

³1. Dongguk Univ. v. Yale Univ., 270 F.R.D. 70, 74 (D. Conn. 2010); C.R.C.P. 26(c).

³2. See D.R. Horton, 215 P.3d at 1169–70.

³3. See Int’l Brotherhood of Teamsters, Airline Div. v. Frontier Airlines, Inc., 2013 WL 627149, at *6 (D. Colo. Feb. 19, 2013).

³4. See, e.g., Stransky v. HealthOne of Denver, Inc., 2013 WL 140632, at *2–3 (D. Colo. Jan. 11, 2013).

Homeowner Leader Q&A - Legal Experts Answer Your Questions

Q: Our Board of Directors can't come to an agreement regarding resident comment at Board Meetings.  Is there a better time during the meeting to allow for comment or do we allow for comment after each point or topic?  How do we limit (and should we) length of comment?  Are comments better outside of the meeting, after adjournment?   We all agree that community input is very important as it keeps people engaged, informed and we remain transparent.  While we value input we want to keep the meeting professional and organized.  We need some direction - please help!

 

A: Pursuant to CCIOA, associations are required to have 9 good governance policies. One of those policies is a conduct of meetings policy. This policy should dictate how the meetings are run and the expectations of the owners and the board regarding the behavior at such meetings. Typically, boards will have an owner forum either at the beginning or end of each meeting. This will allow for owners to present any general concerns or comments they have for the board. Most policies will limit the time for any owner to speak to 3 minutes, which can be extended by the board. The board should note that if you are extending the time for one owner, you should extend the time for all owners. After the open forum, the floor should be opened to any owner for comment before any decision is made by the board. Again this comment section should be limited to a uniform time for any owner wishing to speak. The open forum should take place after the board has discussed whatever they are planning to vote on, but before the vote actually takes place.

Having transparency and input from the members of an association is paramount to a successful association. The board should listen and taken into consideration the thoughts and concerns of those members who attend board meetings. The board should also consider that it is often a small minority who attend board meetings and way their concerns against those members who may not regularly attend board meetings. Ultimately the board does not serve just those vocal members who attend board meetings but the association as a whole when coming to a decision.  

 

Q: Are we required to share Association Contracts with owners?  I ask because an owner wants to see and review our landscaping contract as she "knows someone" who might do it cheaper.  This has made our Board question how we handle sharing contracts with our community in general.  What are the best practice standards?

A: Colorado Common Interest Ownership Act (CCIOA) (and specifically Section 38-33.3-317) provides guidance to Associations by clarifying what are, and are not, association records.  The section provides that “current written contracts to which the association is a party and contracts for work performed for the association within the immediately preceding two years” are records of the association for purposes of document retention, and more importantly and as it relates to your question, subject to production to owners.  As such, you must provide association contracts to owners when requested.

An association may require a unit owner to request production of an association record in writing, describing with reasonable particularity the records sought, at least 10 days prior to inspection or production of the documents.  Additionally, examination and copying times can be limited to normal business hours or the next regularly scheduled board meeting if the meeting occurs within 30 days after the request.  Finally, a reasonable charge may be imposed and can be collected in advance to cover the costs of labor and materials incurred for the production of requested documents (but the charge may not exceed the estimated cost of production of the records).

It’s important to remember that transparent governance is key to having a successful and thriving community.  The Colorado HOA Information and Resource Center reports that transparency issues continue to be a primary inquiry and/or complaint received by their office. 

Further (as I’m sure you’re aware), cheaper isn’t always better.  If members of your community take issue with the contracts that the Association’s board members have entered into, remind them that they have the opportunity to attend board meetings and provide comment on board decisions.  As fiduciaries of the Association, your board members have the obligation to consider what is in the best interest of the Association as a whole and not its individual members.  Make sure that your board is practicing due diligence when reviewing contracts to ensure that your selected vendor is the best suited for the needs of your community (and know, they may not necessarily be the cheapest!).

And finally, make sure that you have a policy regarding the Inspection of Records policy in place in your community. It’s one of the required governance policies required by CCIOA.  If you’re unsure of whether your policy is compliant, contact your attorney for review.  Thanks for your question!

Community Associations Institute (CAI), the leading international authority on community association governance, management, and education, would like to present a few facts with respect to fees charged during the sale of real estate.

The term “transfer fee” is loosely used to describe three different fees, or a combination thereof, some or all of which would be applicable to any community association.  Because these fees are collected at the closing where property is bought and sold, they are generally referred to as “transfer fees” and are as follows: 

1. Resale Disclosure:  State law and good business practices suggests or requires that a community association disclose important documents and financial information about the community association prior to closing so that buyers understand the respective rights and responsibilities of owners and of the community association. This will also involve a questionnaire being responded to in writing by the community association or its agent, which varies by lender and involves risk to the responding party. It is critical this information is accurate, complete, and up-to-date; therefore, CAI members support the preparer's right to charge a reasonable fee to compile and produce such documents.
2. Owner Transfer: When there is a transfer of ownership in a community, an administrative process is undertaken to ensure a smooth transition of records and ownership in the community association.  Each community may differ in what is required during the transition process and therefore the related fees will vary.  This takes time and effort by those providing this service.  CAI members believe that the market should determine the related fees. 
3. Long-Term Reserve Fund:  The term transfer fee may also be used to describe a fee paid to fund a long-term capital reserve fund.  This fee is charged by some communities as a mechanism to fund reserve accounts used to increase the possibility that monies are  available in the future to fund capital improvements like roof replacement, private street maintenance, common areas, drainage systems, and the like.

Many community associations engage professional managers and / or management companies to fulfill and comply with their obligation to provide financial reports and documents for a successful resale of a home within their community.   These services cost money. If they are not charged to the parties who are buying and selling the property at issue, then they will be borne by all of the other owners within the community association who are not selling their property.

With nearly 2 million people in Colorado living in community associations, there are bound to be some complaints.  However, the legislative framework in Colorado is comprehensive and balanced.   We urge you to consider the facts.  According to the Foundation for Community Association Research, 90 percent of people living in community associations say their community association’s rules protect and enhance property values (62%) or have a neutral effect (28%); only 4% say the rules harm property values.

80% percent of residents surveyed nationally oppose additional regulation of community associations.  Importantly, 86% percent of residents rate their community association experience as positive (63%) or neutral (22%).  

It is indeed important that homeowners fully understand the community association housing model and their respective rights and responsibilities.  Homeowners can do so by visiting CAI’s Rocky Mountain chapter for additional resources. 

https://www.cai-rmc.org/ 

https://www.caionline.org/Advocacy/Resources/Documents/Infographics/CO_FactsFigures_Info.pdf 

By Mary Sarah Schweiger, Citywide Banks

Imagine you live or manage an HOA covenant community and the summer has been busy with hailstorms. The buildings are already damaged and are continuing to get worse right before your eyes. Or, the community has a sewer system beneath the buildings that is slowly but surely falling apart, causing backups. Or, the roads and the parking lots have lived their best lives and are in need of serious repair. What does an Association do? Does the Reserve account carry a high enough balance to complete these projects? Can the community continue to afford the band aid solutions that just keep prolonging these projects? 

One possible solution to consider is obtaining a loan with a local bank to complete the entire project all at once. If you are like most HOA’s, you have put aside money in your Reserve account regularly; however the project could cost more than what you have saved. Plus, it would be dangerous to deplete the reserves in the event there is an emergency in the future. Obtaining a loan can get the job done faster, lessen the strain on your Reserve account, and allow the Association to pay over a period of time to lessen the strain on the homeowners.

This is not always the easiest task and it can take some time. Here are some initial questions and answers to help you decide if your association should seek a loan and how to get started:

• First step is always to speak to your local banker. 
• • Each bank is different with their loan requirements. It is a good idea to understand the information you will need to start the process and build that relationship with your banker early on in the project.
• Check your governing documents. 
• • It is essential that the association’s documents allow for the Board of Directors to borrow money and pledge future assessments and enforcement rights to the bank to secure the loan. If this is not in your governing documents, you may need to do an amendment. I would seek an opinion from your attorney.
• Who can approve obtaining a loan?
• • Usually borrowing money requires a vote of the homeowners. Does that mean 2/3 of the homeowners? Or does that mean a majority of the homeowners present at a special meeting? Can you do this at the annual meeting of the members? Or does it have to be a special meeting with special notice requirements? Your governing documents will guide you. 
• What is the financial health of your association? 
• • Are you a healthy association with few to no delinquencies? Are you able to meet your operating budget on a monthly basis with the monthly dues you collect? Or are you dipping into your reserves on a regular basis to make ends meet? Could your operating budget afford a loan payment? Or do you need to increase dues or special assess to repay the loan? 
  • Remember, the income of the Association is what the homeowners pay to the Association. What comes in must be able to pay the expenses, i.e. water, electricity, management fees, trash, landscaping, etc., including the transfer to the Reserve account. You will want to continue to transfer to the Reserve account because it ensures future projects will be supported as needed, and the Association will continue to stay healthy above and beyond the loan.
• What is the entire scope of the project?
• • Do you have a clear picture of the entire project and all parties needed to complete the scope? What is the timeline of the project and what is the estimated cost for completion? Do you have a company that you know and trust and want to work with? Have they provided a complete bid to do the work? Are they reputable in the community?
  • It is always best practice to obtain 3-4 bids for comparison. Try to compare apples to apples. Ask for references. Get to know these companies. What is their customer service like after the project is completed? Ask questions.

This will help start the process. Your next course of action will depend on the answers to these questions. Maybe you will need to start with amending the documents and cleaning up delinquencies. Or maybe you just need to amend the budget and set a special meeting for the homeowners. Always feel free to reach out to your local banker with questions or concerns. That is what we are here for! 

A little about me; I have been a banker at Citywide Banks for the last 15+ years. I have sat on an HOA board for 6 years and have experienced a lot during that time! I am always happy to help and share my experiences and knowledge.

By Cylinda Walker, CMCA, AMS, PCAM, GRI, Westwind Management

If you are like me, you are happy to have the calendar budgets completed and a new year ready for great things with your Associations! Working through your budget for 2020 and using the reserve study to aid in factoring the projects needed and available to do for the upcoming year for the Association can make you feel accomplished.  But how do you begin to determine which projects happen at what time and how they will be implemented? 

In Colorado, we are certainly at the mercy of the seasons.  However, we can’t simply just turn over the project plan to our business partner and say run with it, there should be a level of strategic planning for each project you choose to implement.  Start by creating objectives for each project and keep them SMART. SMART goals are Specific, Measurable, Attainable, Relevant, and Time Based. 

We all want to believe that we tackle each project in a SMART way…but do we? Let’s take an example of asphalt work for an Association.  How would we implement the SMART goal theory with this type of project? Let’s list the goals below:

1. Specific – complete an asphalt overlay project in a particular section of the community and finish on time and within budget.
2. Measurable – create an actual timeline for the project identifying the start date, the responsibilities of all stakeholders, important stakeholder meetings before, during, and post project.
3. Attainable – can this project be completed in the time frame allotted? Will Colorado weather be a factor?
4. Relevant (or Results Oriented) – put placeholders in your timeline for assessment of the progress of the project.
5. Time-Based – set a hard completion date and hold the stakeholders to that date. 

Now that we know what our SMART goals should be for the project, let’s determine what our timeline for this project will look like:

Although I have chosen to use an asphalt project for this example, these tools can be used for any projects you have for your Association.  The key is to get in front of each project by using SMART goals and project timelines to ensure success for all stakeholders.  

Cylinda Walker CMCA, AMS, PCAM, GRI is an Association Business Manager with Westwind Management.  She has been serving Associations since 2004 and has a Master’s degree in Strategic Organizational Management.

By Suzanne M. Leff, Esq., Winzenburg, Leff, Purvis, & Payne, LLP

Community association declarations may seem like template documents—and often they are. But not all covenants are created equally, and each community’s covenant needs are unique. Anyone shopping for homes in different covenant-controlled communities (and inclined to read the documents) will run across declarations that contain the same general terms. Those general terms tell a familiar story: a common interest community is created, owners must pay assessments, the association will take care of some things, owners are required to do other things, certain things no one can do, and owners may change things if enough people agree. Beyond the general terms, the nuances of these recorded declarations impact the lives of homeowners within individual covenant-controlled communities. The ways in which covenants affect owners can sometimes warrant review and revision of the documents. Even though recorded covenants function like mini-constitutions for the communities they benefit, and, thus, are hard to change, communities should consider getting a vote of the people to change the covenants in the following circumstances:

Mean What You Say and Say What You Mean. Sometimes the law changes, but a community’s governing documents do not. An example of documents not updated to align with new mandates involves budget approvals. In 2018, the Colorado legislature extended a requirement for budget meetings and owner votes on board-approved budgets to certain communities formed prior to July 1, 1992. These communities must now comply with the state statutory requirement for budget approval by owners even though their documents do not give any indication that the requirement applies. While a board serving in 2018 may have received educational materials about the change to state law, newer board members may not have that same resource and may not understand the association’s legal obligation because the documents themselves give the board sole authority to adopt the budget. 

An amendment to the bylaws or declaration to include the statutory budget procedures would help to ensure that the association operates in accordance with state law on an ongoing basis, without requiring board members to read and apply state statutes on their own. Other examples within this category include covenants that prohibit satellite dishes, clotheslines, or solar panels or restrict the size of families living in a home: various laws preempt the covenants in these areas and, without amendments to the declaration, may result in legally actionable missteps by association members who think they can enforce what the covenants say.

Keep Up with the Joneses. Trends happen in the world of covenant-controlled communities. When one community can do something desirable that a nearby community with the same market-base cannot do because of what the covenants say, word tends to travel. Owners may advocate for trending changes to the covenants, and community association managers and association attorneys also recommend them in circumstances where amendment trends serve to solve common problems without the need to reinvent the wheel. 

This type of amendment may relate to architectural control issues and restricting or allowing certain types of improvements, like fence styles and trash enclosures, or may concern use restrictions related to parking or leasing. Trends may include provisions that disclaim an association’s responsibility for mold when owners fail to report and mitigate leaks or, as seen in mountain condominium communities, require owners to permit inspections or access by management to help reduce costly insurance claims resulting from thermostats left too low and broken pipes. Other trends—for older communities especially—involve changes to insurance coverage requirements for associations and owners and allocation of insurance deductibles and removal of caps on how much an association can charge in annual assessments.

Clean Up Messes. Simply put, some documents get recorded in a half-baked state and do not serve communities well from the outset due to imprecision, inaccuracy, and mistake. When a declarant remains on the scene, the declarant can amend the documents to correct certain types of problems. But declarants do not hold the keys to all document problems and may require owner participation to amend the documents. Other communities do not come to understand the messiness of their documents until years after development is complete. 

Examples in this category include those documents brought to Colorado by developers from other states without attention to compliance with Colorado laws, and declarant use of the same documents as a neighboring community without asking legal counsel whether the terms apply to the current project. Sometimes a planned community gets a document made for a condominium and vice versa. Documents may not properly allocate owner interests or may not include reference to parcels intended as part of the common interest community. Amendments alone may not suffice for some of these scenarios. Association legal counsel can help identify whether owners can control the outcome through a vote to amend or if a court must assist.

Put Out Fires. Sometimes associations get sued and an option for resolving the dispute requires an amendment to the declaration. For example, a party may assert easement rights across association property. Depending on the powers granted to the association under the documents, the association may not have the ability to enter into a settlement agreement related to easement rights without amending the declaration to gain that authority.

General Housekeeping and Updating. A well-maintained 1960s bathroom can function for all intended purposes, but that bathroom’s bubblegum pink porcelain fixtures may not appeal to every owner. Similarly, covenants recorded in the 1970s may continue to serve a community on many levels but also draw criticism for their out-of-date status. Many modern communities like to review their declarations after all development ends and the declarant no longer holds power under the documents. 

Common housekeeping amendments involve scrubbing references to the declarant and development rights from documents and removing provisions related to initial purchasers of units. While other circumstances may prompt these housekeeping and update amendments, they often get included when other amendments are undertaken.

While no hard and fast rules apply to when communities should amend their covenants, any of the situations listed above should at least lead to consideration of a document amendment project. Boards that identify the need for amendments must look beyond the substance of what the association may amend in the declaration and determine, minimally, whether the community can (1) bear the expense, (2) give the time and commitment to the process, and (3) ultimately gather sufficient owner approvals to make the efforts worthwhile. In other words, knowing that a document needs fixing does not mean it will get fixed—or that it will get fixed in the way the board wants.

Document amendment projects typically cost thousands of dollars for attorney drafting and meetings with the board and owners to educate each other on the issues and tailor covenants to community needs within legal parameters. This process for a complete amended and restated declaration can easily take a year’s time and requires devoted leadership to shepherd the process on the community side. Early discussions about any document amendment project must consider the realities of the membership’s willingness to support the requested amendments. Community covenant amendments necessitate board and volunteer involvement akin to a political campaign. Those seeking support for the amendments will need to understand the substance, anticipate vote counts, and work to gather approval from other owners.

With an understanding of the substantive need for amendments and the process required for owner approval, boards can better answer the question “Should the declaration get amended?” for their own communities. Professional management and legal counsel can assist with tailoring document amendment projects to the specific needs of a community while educating on options for how to navigate this process.

By Patricia A. Book, Ph.D.

Self-Governance 

Our community is self-governed by an elected Board of five members with staggered three-year terms.  We are guided by our Declaration of Covenants, Conditions and Restrictions (C, C&Rs), By-Laws as amended and Rules, Regulations, Architectural Guidelines, Enforcement Policy and Procedure.  These are published on our Website and importantly define the notice and information sharing requirements between the Board and our homeowners.  We have processes for any changes in these documents with a very high standard of community participation in any proposed changes in our C, C&Rs.  Our Board has set transparency as a high priority in carrying out our fiduciary duty to our community.

Creating Opportunities for Engagement

We have formally chartered a Pond Committee and a Social Connections Committee to engage additional volunteer expertise in our community in addition to our established Architectural Control Committee (ACC).  There is a Board liaison to our newly chartered committees as well as a Board liaison with our landscape contractor.  The meetings of our Board and Committees are open to all homeowners and minutes are published on our website.

The Pond Committee’s purpose is to develop a recommended management master plan for the Association’s pondin part to mitigate sedimentation with an eye to delaying or deferring costly dredging. Volunteers have expertise in pond management, engineering, and related fields and have become “pond stewards” as well, visible with their blue vests educating homeowners about the pond, catch and release fishing, fish species, etc. 

The Social “Connections” Committee's purpose is to facilitate interaction among Willow Spring homeowners through a variety of planned social events designed to appeal to a wide cross section of the Willow Springs residents. The intended result is improved neighborhood camaraderie, fellowship and sense of community.  Pool parties, garden tours, neighborhood day out, and a host of activities are developed by this Committee to have neighbors get to know each other and have a good time.

The Pond and Social Connections Committee have now formed a bond, co-organizing a Fishing Derby for youth in our neighborhood.

These opportunities for community engagement go beyond the specific events and tasks the Committees are charged with undertaking.  We believe they provide opportunities for neighbors to get to know each other, open communication channels, share resources, and improve overall sense of belonging.  We believe, for example, that the results could affect behaviors of speeding on the neighborhood streets—when you know the kids and the retirees and families in a neighborhood, aren’t you less likely to speed by them on your way to work or to an important engagement?  Another benefit of community engagement is that we do want our homeowners to hear from their volunteer board and their neighbors about the good things happening in our community.  We don’t want to be perceived as the police or tax collectors only heard from at a time of violation or when assessments are due.   

Transparency Creates Support

The Board meets bi-monthly at our Club House but calls special meetings of the community to get feedback on a range of issues, from review of a draft Reserve Study, to traffic calming, or what to do about emerald ash borer treatments.   We conduct surveys gathering information about perceptions of the quality of life in our community and beliefs and attitudes about a host of issues that come to the Board’s attention from individual homeowners. We share these results and use them to form plans and set goals for our community. We send out email blasts to alert the community to mosquito spraying, e.g., or upcoming events.  We post signage to announce events.  We conduct periodic Reserve Studies or Reserve Updates and share these with the community and revise them based on feedback received.   

We called a special annual meeting to explain to the community our need to contribute more to our Reserves.  Our prior Reserve Study (2015) had us at 23% funded, a poor condition.  At regular annual meetings, we started to build the case for future needs of what is now an aging infrastructure with comparative bids explaining large ticket items for future planning.  These include pond dredging, irrigation pump replacements, fencing maintenance and replacement, pool resurfacing, among other capital projects.  The Board wisely took the time to educate our homeowners about future needs, explaining how to interpret an appropriate level of Reserve funding, and provided a five-year budget plan on what it would take to achieve a stronger Reserve foundation.   We also did an annual assessment benchmark study of comparable communities that showed our assessments were on the low side for the amenities we enjoy.  Because of the communication, information sharing, and transparency, the community overwhelming voted for a one time assessment increase of 20% (using the process required in our C, C&Rs), followed by four years of 6% increases (the maximum permitted in our C, C&Rs) to achieve a stronger Reserve and to maintain and preserve our community common elements to a high standard.  Our 2018 Reserve Study Update had us at 47.4% funded, a much improved medium condition.

In Summary

In summary, we follow our governing documents, communicate plans and decisions, and engage our homeowners in major decisions affecting our community.  The Willow Springs Community is much like other self-governed homeowner communities in Colorado.  We have a high level of satisfaction with the quality of life in our community and the Board enjoys considerable support from the community.  It’s a two-way street.  The community also expects us to enforce the rules, fairly and without prejudice.  We’ve hired a professional management company to enforce our community standards with good result.  A community as large as ours requires, and can afford, contracted management services to support the administrative, financial, and legal issues Homeowner Association (HOA) Boards face.  We were careful to choose a management company that has achieved "Accredited Association Management Company" (AAMC®) designation from the national Community Associations Institute (CAI) with licensed association business managers.  The Willow Springs Executive Board now holds Board membership in the Community Associations Institute—Rocky Mountain Chapter (CAI-RMC) as part of its commitment to ongoing education to better enable us serve our community.

“Patricia A. Book, Ph.D. is President of the Willow Springs Community Association Executive Board in Fort Collins, Colorado.  Willow Springs has 460 units—single family, patio homes and condominiums—with 33 acres of green space, over 500 trees, a pool and club house, tennis courts, playground and pond stocked with fish for catch and release recreation.  The community was established in 1995.”

 

Homeowner Leader Q&A - Legal Experts Answer Your Questions!

Q: I have asked to inspect records of my association multiple times.  When I do, I'm met with this utter exasperation as if my request is the end of the world and I'm a huge pain in the rear.  I know it's within my right to inspect records and I go about it the right way.  Why then would the manager and the board of directors do everything they can to make it difficult?  Are they afraid I'll find something out?  I have to make a formal request (which seems silly in the first place) and then we have to schedule a time and a place and someone has to watch me.  Shouldn't records be readily available and easy to access?  Why the hassle?

A: As an owner you have the right to inspect association records. However, what constitutes association records is specifically defined by state statute and in some cases by the governing documents, so not everything you request may be a record that is available for review. Often times managers and the board of directors will have to reach out to the association’s attorney to determine what are association records and what can be turned over to an owner. Because the association is in possession of information regarding owners that may be personal and sometimes private, it may seem like a manager or the board of director’s is being difficult, when in fact they are simply making sure they follow the law and protect individual homeowner’s privacy. If an owner is requesting something simple like a copy of the Declaration or the Rules and Regulations then the manager should easily be able to make those documents available. However, if an owner wants to know if other owners have received fines or are delinquent, these are records that state statute specifically allow the association to withhold. While we know it can be annoying or not as convenient to have to schedule a time and place to look at the documents the association is simple following the state statutes and making sure that the association is protecting all homeowner’s information in a consistent manner.

Q: We just hired a new management company and I want to make sure that we're not going to fall into the same situation that we did with our last.  As a board of directors, are we supposed to be "hands on" or do we simply back off and let the manager handle everything?  We like to know what's going and we've been told that we micromanage too much.  For me, I love the community which is why I'm on the board.  I don't think that asking for summaries and follow-up is too much.  It seems like we simply don't know how much we should ultimately trust our manager.  I don't want to end up with things falling apart or not being done because we didn't want to annoy our manager or management company.

A: First of all, thanks for your service on your community association board.  As you know, being on a community association board is a lot of work (even with the assistance of professionals working with your community) and to volunteer your time to ensure that your community is prosperous can sometimes feel overwhelming.  The short answer to your question is that while a qualified and experienced professional manager can certainly go a long way to guide a board of directors, his/her job is not to handle everything for the association. 

You may have heard that the board operates in a fiduciary capacity for the homeowners, and as such, has a fiduciary duty.  This simply means that the board has an ethical and legal obligation to make decision in the best interests of the entire association.  And in doing so, the board has an obligation to be “hands on.”  You have the obligation, as a board member, to protect the association’s assets, budget responsibly, plan for the future, invest wisely, etc.  And while you may have a community association manager that can aid the board in furtherance of these obligations, the board is ultimately responsible for the oversight of association operations.  The manager works closely with the Board – as an advisor – not a board member or decision maker. 

So don’t be afraid to run your business (because the association is a non-profit corporation!) accordingly.  You have the right to request summaries and follow-up about community business – your board shouldn’t feel like pests in doing so!

By Pamela Babcock

From online meetings and electronic voting to tablets and do-it-all management software, technology is transforming the way associations operate. There's something out there for every community—even those most resistant to change.

Major traffic jams often greeted everyone entering Kiawah Island, S.C., as renters in the community association and guests of the neighboring resort queued at the gatehouse. The experience raised residents' ire and created a negative first impression for visitors. 

Jimmy Bailey Jr., CMCA, AMS, chief operating officer of Kiawah Island Community Association, collaborated with the resort to set up a system so guests and renters could download and print gate passes in advance, allowing most drivers to sail through with ease. 

"Implementation of this simple step—much like printing a boarding pass before going to the airport—dramatically improved gate operations and virtually eliminated long summer lines," says Bailey.

When Lee Ann Weir, CMCA, AMS, general manager of Lionsgate at Woodmont Corner in Bethesda, Md., wanted to gauge owner interest in renting underutilized areas of the condominium garage for storage, she simply clicked the survey link on the community's BuildingLink website interface and fielded a poll. Within minutes, her inbox was growing with numerous responses.

And Fripp Island Property Owners Association in South Carolina recently paid $8,000 to upgrade its boardroom audio-visual system, saying goodbye to a dated setup with blurry images and garbled speech, giving both the local and long-distance audience a much-improved experience.

Community associations increasingly are leveraging technology to improve operations, governance and management using the latest tools, including devices, hardware and software. Some are arming managers and board members with tablets backed up to the cloud, while others are exploring new ways to hold online meetings, engaging owners with electronic voting and more.

Yet there are many community associations today that are behind the technology curve. Some don't have the budget, know-how or interest in adopting the latest and greatest tools and features. Failing to at least explore what's available could be a mistake, according to experts. 

"As technology has evolved, there's really killer software for everything from a 10-unit condominium to an association with 30,000 doors," says Bruce R. Gran, CMCA, AMS, PCAM, president and CEO of Gran Community Association Consulting in Scottsdale, Ariz. "If you're not leveraging technology, then you're out of the game. It used to be optional, but it's not anymore. Technology is your starting point."

Gran says many owners today want association technology to feel just like the experiences they have with other types of technology as a consumer. 

"I'm looking for my association to give me the same experience I get from American Express or Chase or Bank of America," explains Gran, adding that all have excellent websites. "Residents expect to be able to make a payment on their phones. If they have a violation, they want to look at it and be able to respond online. And they want to be able to do pretty much everything on a phone or tablet." 

TABLET TRENDS

Stephen R. Gothard, vice president of Advanced Technology Group, a King of Prussia, Pa., provider of community management software, says the biggest trend is technology for smartphones and tablets.

The devices can make board members and managers more efficient since they allow an entire library of an association's history to be available in perpetuity, says Blake Morlet, CMCA, senior manager of The Avalon Management Group, AAMC, in Temecula, Calif., which manages about 30,000 units in Los Angeles and San Diego.

Such devices are a particular boon for board members who spend a majority of their time off-site or travel frequently since they can participate in meetings remotely via video chat. Meanwhile, managers can gain efficiencies as they prepare for each board meeting by creating content and delivering it digitally. 

The upshot? "Managers who have more time on their hands can provide better service," observes Morlet.

Avalon uses Apple's iPad and applications such as Google Apps for business e-mail and Google Drive for storage and information distribution. Implementing technology in association management has been so vital to Avalon's growth and effectiveness that the company offers only technology driven digital management services to new clients, Morlet says. 

Gothard notes that adequate cell or wireless Internet coverage is often a stumbling block for associations and their residents. A property's size and location—and a resistance to installing cell towers or wireless networks—can impact what associations offer and residents' experience on their smartphone or tablet. 

"You may have Wi-Fi in your house. But what do you do when you're down at the community pool?" Gothard asks. "People want to be connected."

THE VIDEO AGE

Although tablets are not yet de rigueur for board members at Kiawah Island Community Association, technology increasingly is being used in many facets of operations. Since only 15 percent of the community's 8,272 owners live on the property full-time, webinars, video calls and electronic communication are all part of regularly doing business.

"Rarely do we hold a committee or board meeting without someone participating via video," notes Bailey. 

Kiawah Island has used commercially available platforms Skype and GoToMeeting. However, their effectiveness has varied, particularly because of sometimes spotty Internet connections. "We have looked into the possibility of using something more robust and sophisticated but have not yet pulled the trigger, primarily due to cost," says Bailey.

Several of the community's seven board members use personal tablets for board meetings and to download meeting materials, but it's not required. Some of Bailey's board members still use spiral-bound notebooks and mechanical pencils. "It sort of runs the gamut," he observes.

In 2009, the community began using BigPulse online voting software; owner participation has increased each year, reaching as high as 39 percent in the last election.

The association also communicates with owners using e-mail, text messaging, social media, video, its website and a mobile app that resembles the website and was developed last year by a Charleston, S.C.-based technology firm. Kiawah Island uses the app to send notifications to residents about things like traffic and gate information, weather alerts, voting or other time-sensitive notices.

TRACKING TOOL

BuildingLink, the web-based platform used by Lionsgate in Bethesda, Md., combines everything from communication tools and an ability to report maintenance issues to incident reports, package delivery tracking and more. 

A resident might notice crumbling concrete in a common area, snap a photograph and upload the report directly to the manager, explains Robert Garcia, a D.C.-area representative for BuildingLink. Maintenance tickets are centrally located, meaning board members and managers can pull up any repairs within the past month, for example, and track who got the job—in-house staff or an external contractor—and how well the job was done.

BuildingLink, used primarily by condominiums, also offers a resident discussion board that goes beyond a simple listserv. Discussions can be controlled by the association, which means it can be kept "clean and useful" with posts like "who knows a good caterer?" or "I'm forming a walking club," Garcia explains.

Associations also can track various logistics, including permission-to-enter slips for real estate agents and preventative maintenance schedules that provide alerts when something needs to be done.

The 158-unit Lionsgate has been using BuildingLink and its mobile app since 2010.

Weir says the community was able to customize fields for bicycle storage, pet information, and parking space and car identification. Lionsgate even used the system in conjunction with security cameras to help solve a case involving minor damage from a hit and run. Another plus is a secure key drawer that opens with fingerprint identification technology, Weir adds.

TECH TRANSITION

Kate Hines, AMS, LSM, PCAM, general manager of Fripp Island in South Carolina, says the community of 2,167 homes is always looking for ways to do things better and smarter and also to save money where it can. As the association learned, the transition to technology isn't always seamless. 

The community held its first online board election in February through Votenet.com, a voting platform that cost the association about $1,300. The move saved $2,500 in printing and mailing costs. Unfortunately, owner response wasn't as great as expected. The association sent several e-mail blasts announcing the change, but only 21 percent of owners cast ballots compared with an average of 36 percent in previous elections. A couple of owners were mailed a paper ballot because they didn't want to vote electronically. 

Fripp Island is hoping to find a better way to market the online voting by working with the board's communication committee. "We're not calling it quits," Hines says. "Votenet could not be simpler."

In February, the community switched to MailChimp, an e-mail management and tracking system, to send a bi-weekly newsletter to owners. Owners love the change. 

"It's professional, attractive and easy," says Hines. "We're getting a lot of compliments."

The association spends about $50 a month to send an average of three e-mails to about 2,000 addresses. Hines loves MailChimp's ability to provide a report on each sent message, tracking how many people received it, how many people opened the e-mail, the links that are being clicked and more. 

In April, an urgent e-mail about a security incident during prom week garnered a 67 percent open rate within 20 minutes. MailChimp also tracks whether a message is read on a smartphone or computer—valuable information as the community continues to ponder additional technology upgrades.

In January, Fripp Island began using GoToMeeting, at a cost of $400 annually, for board meetings. Half of the community's 10-member board are nonresidents. The association previously used Skype, which often was glitchy due to Internet connections.

"The voices are clear, the people are clear, and we don't have the screw-ups we had with Skype," says Hines. 

The association also upgraded its audio-visual system in April, installing speakers and microphones in the ceiling and a much bigger video screen on the wall.

IN DEVELOPMENT

Gothard believes there will be many technological innovations for associations in coming years. He points to rapid communications as an example. Some communities are already employing emergency broadcast texts and targeted notifications, such as package-delivery alerts. 

Through new software updates and a better understanding of a community's data, Gothard thinks there will be even more targeted messages, such as, "The plumber was in your home from 10:23 to 11:50 fixing your leaking faucet."

And as vehicle manufacturers continue to develop technology for cars, Gothard envisions a day when a manager drives through a neighborhood and conducts inspections right from the car through a grill-mounted, rotating camera controlled from the center console. 

"Imagine having those images and the resulting inspection details sent immediately back to the office, and the necessary letters merged and printed in minutes rather than days," he says. "The same technology could be used for maintenance purposes. A manager takes a picture from his car of a broken fence or downed tree, fills out the details and in minutes sends maintenance staff or a vendor a work order." 

Gothard is excited about how technology can continue to improve associations and thinks board members and managers should be too. "I think we will see things we've never thought of come to light and technology that we cannot even imagine," he says. "As software developers, we strongly believe that if you don't dream it, you can't develop it."

BUILDING BLOCKS

Even communities resistant to technology should explore how technology can help improve operations, governance and management. Association leaders should take the following steps:

• Consider forming a technology committee or holding technology workshops.
• Survey your owners, then tailor your technology to their wants and needs.
• Make sure your technology can grow and change with the association and its population.

Tablets often are the easiest way to get started, according to Blake Morlet, CMCA, senior manager of The Avalon Management Group, AAMC, in Temecula, Calif. They can become your go-to source for all association information, including e-mail, board packets and financial statements, governing documents and contracts, minutes, resolutions, legal opinions, education information, guidebooks, site plans and maps.

With a tablet, you can carry around years' worth of documents as well as quickly review homeowner requests and photos, for example. In addition, tablets make it a lot easier to pass community history on to subsequent boards. 

Once an association decides which equipment and services it will purchase or rent, Morlet recommends the board establish policies for appropriate use, repair and replacement. —P.B.

Pamela Babcock is a freelance writer in the New York City area.

By Andy Pendl, Vice President, ARE Solar.

When talking about solar, the biggest questions tend to be about upfront cost vs long term payback, overall durability of the product with the weather we experience in Colorado (hail and blizzards are top of mind), and how we store the energy that's being produced.  While each of these questions have unique points to consider, the rate at which communities are installing solar panels is a good indicator toward figuring out whether it is going to be beneficial in the long run.  Solar panels have made a quick transition from being a luxury feature on a few homes, to a commonality in new builds.  Many largescale home builders are including solar panels as a stock part when building new HOA communities, where every home sold includes solar.  In today’s world, you're just as likely to get solar panels as you would a master suite and granite countertops.  

There are many benefits to installing solar for both the HOAs and individual homeowners.  The first, and most obvious, is that the long-term cost of electricity is offset from day one, and the savings is easy to see on the utility bill.  This can benefit individual owners if they have panels on their roof, or the HOA if they put solar on their community resource building, pool house, or another neighborhood amenity.  By offsetting the electricity rates now, consumers can lock in their price and mitigate against the inevitable rate increases.  Typically, we find that consumers will to see a return on their investment in under 10 years, sometimes much earlier.  If financing is used, the cost of the monthly payments is likely at or below what the utility would have charged for the same amount of electricity.  

Regarding durability, we've found that panels hold up very well against the Colorado weather. Each system is designed with the assistance of a structural engineer to ensure that the wind and snow loads for each specific location are considered.  If any special considerations need to be addressed, the engineers will point that out as part of the design and permit process.  Snow is only a concern in that the panels are covered, so they can't make electricity; however, it tends to melt off quickly and the calculations used for total output takes into account any estimated snow days.  Wind can be a larger concern, as nobody wants to have damage caused by something being ripped off their roof; This is always reviewed during the design process to ensure that even the worst winds will not affect the structural integrity of the panels.  Here in Colorado, it's reasonable to worry that the panels could be damaged by hail.  It can certainly happen, but in our 10 years in business only one storm has ever been able to break panels.  The storm that closed the Colorado Mills mall for almost 6 months damaged some panels at the nearby National Renewable Energy Laboratory (NREL)*.  But of the over 3,000 panels on the building, only ONE sustained damage to the point that it needed to be replaced.  What is much more likely is that the roof itself will have hail damage and need replacing.  In this instance, the panels will have to be removed temporarily while that work is performed.  

The last question that inevitably comes up during conversations about solar is how we store the energy.  The reality is that in most cases, we don't!  The meter on the building is a “net” meter and can run backwards.  Because of this, the times when your system is making more electricity than the home is using, the meter goes backwards and credits you with the excess energy.  Then, in times that the building is using more electricity than it's making (nighttime, or when the AC and other large appliances are all running at the same time), the meter goes forward.  We try to size the system to get as close to 100% of the building’s needs as possible.  If it's sized right, in the spring and fall, the system will usually make more than the building needs, and then the energy bank that is stored would be used up in the winter and summer months.  There really isn't any need for a battery unless there is a specific requirement, such as keeping medical equipment running in the case of a power outage.

Solar will continue to grow as more individuals and communities realize the financial benefits and understand how the systems work.  Solar energy is no longer a new technology, but a proven way to save money and ensure that electricity rates of the future don't break the bank.  If you're considering whether your HOA community should go solar, the answer is yes, and the time is now. 

*(Link: https://denver.cbslocal.com/2017/05/10/solar-panels-survive-hailstorm/)

Andy Pendl is the Vice President of ARE Solar.  ARE has been in business for 10 years serving the front range of Colorado.  They have worked on many high-profile projects, including the Greenbox Storage Facility across from Coors Field, and work with the West Metro Housing Authority on affordable housing projects.  ARE Solar works in both residential and commercial areas, and an array of property types including apartments, warehouses, and office spaces.