HB-1050 has passed both the House and the Senate and has been sent to the Governor for signature. The bill prevents a homeowners association from prohibiting the use of drought-tolerant landscaping in common areas of a covenant controlled community. Under current law, a homeowners association […]
We knew it was coming and on February 25, 2019, HB 1212, which would reinstate Community Manager licensing, was introduced in the House. As you will recall, last year, the bill to extend manager licensing was defeated. As of right now, if no legislative action […]
On February 19, 2019, a bill which would significantly affect a creditor’s ability to collect through wage garnishments was introduced in the House.
Under current law, the amount of an individual’s disposable earnings subject to garnishment is (in general) 25% of the individual’s disposable earnings for a week.
This bill, if passed, would change the amount subject to garnishment from 25% to 15% of the individual’s disposable weekly earnings.
Another item of note in this bill is that it would create an exemption that would permit individuals to prove that the amount of their pay subject to garnishment should be further reduced or eliminated altogether if the individual can establish that such reductions are necessary to support the individual or the individual’s family. In making its determination, the Court would review whether the earnings of the debtor following garnishment are insufficient to pay the actual living expenses of the debtor and his/her family based upon proof of such expenses incurred during the sixty days prior to the hearing.
Finally, the bill, if passed, would require clearer and more timely notice to an individual whose wages are being garnished and would give the individual more time after receiving the notice before the garnishment starts.
We’ll keep an eye on the progress of this bill, so make sure that you check our website for updates here.
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Much like knowing that your attorney or other business partner has earned the Educated Business Partner Distinction (Ashley Nichols of Cornerstone Law Firm, P.C. has!), you should also be asking whether your reserve specialist has earned CAI’s Reserve Specialist credential.
Community associations rely on qualified reserve specialists to assist them in extensive reserve planning to keep their communities running smoothly. Community Associations Institute awards this designation to qualified reserve specialists who, through years of specialized experience, can help ensure that community associations prepare their reserve budget as accurately as possible.
Qualified reserve specialists will have prepared at least thirty (30) reserve studies in the past three full calendar years, hold a bachelor’s degree in construction management, architecture, or engineering (or equivalent experience and education), and comply with strict rules of conduct outlined by the Professional Reserve Specialist Code of Ethics.
And once obtained, reserve specialists must redesignate every three years. Does your provider hold the credential?
If you have questions about your community’s reserve specialist, or want more information on how to find a credentialed professional, reach out to Cornerstone at firstname.lastname@example.org or head to Community Associations Institute’s webpage for more information!
HB19-1118 was introduced this week relating to landlord/tenant issues. Introduced on January 16, 2019, if passed, would require a landlord to provide a tenant fourteen (14) days to cure a violation for unpaid rent or for a first violation of any other condition or covenant […]
HB19-1106, also known as the Rental Application Fairness Act (creating C.R.S. § 38-12-901 et seq), was introduced in the house on January 14, 2019. If passed, the bill would do three things: Limit the application fee that a landlord may charge an applicant to the actual […]
Assessments are the cornerstone of an association, and the necessity of an association to collect delinquent assessments is of utmost importance – an association cannot be run without assessments being paid!
It’s the start of a new year and your Board likely has its delinquencies on the top of their minds. So how does your association aim to reign in delinquencies? One of the potential tools in your association’s toolkit is acceleration. The new year is a great time to think about accelerating the balances due on your delinquent accounts. Acceleration allows a board to call due the entire fiscal year’s debt against the owner’s account, rather than just the current delinquency. Consider especially those owners who may be chronically delinquent.
For example, John Doe (it’s not his first rodeo) has been consistently delinquent for years. On January 10th, the association turns the account over to its attorney for collections. The current balance due at that time is $1,000. However, the board, due to the owner’s continued delinquency, has reviewed its documents and decided to accelerate Mr. Doe’s assessments for the year. At $100 per month, an additional $1,100 would be added to the balance, making the total amount due $2,100. Rather than proceeding to collect on the $1,000, the attorney can now attempt to collect on the $2,100. If it takes six months to collect, once complete, the association will still be paid in full through the end of the fiscal year. You only hope that the owner will pick up paying regular assessments at the start of the next fiscal year!
As we head into the new year, assess your documents to ensure that your community has the ability to use this tool. If you’d like to discuss this or other debt recovery solutions, please contact us at email@example.com or 720.279.4351.
HB-1050 was introduced in the house on January 4, 2019. The bill, if passed, would augment the existing law that establishes the rights of unit owners in common interest communities to use water-efficient landscaping (xeriscaping), subject to reasonable aesthetic standards. The change would extend that […]