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  • 02/01/2026 3:27 PM | Anonymous member (Administrator)

    By Kerry Wallace, Goodman and Wallace, P.C.

    Across Colorado’s resort communities, from Summit County and Aspen to Vail and Crested Butte, short-term rental (STR) demand has reshaped how many common interest communities (CICs) operate. While STRs can provide income opportunities for owners and support tourism-driven local economies, high concentrations of transient use create significant governance, financial, and legal challenges for CICs. If not monitored, residential condominiums risk becoming de facto “condo-hotels” without the infrastructure, approvals, or protections that purpose-built lodging developments typically have. Condo-hotels (part condominium - part hotel), are typically designed with professional management, appropriate zoning, commercial insurance, and clear expectations regarding transient occupancy. The risk for CICs arises when a residential condominium gradually begins operating like a hotel through unchecked STR activity rather than intentional planning. In many Colorado resort towns, STR saturation has triggered regulatory intervention, insurance challenges, governance disputes, and even questions about whether a building still qualifies as residential, as condo-hotels are treated as commercial lodging facilities.


    Colorado law does not define “condo-hotel” at the state level. Instead, classification depends on how a property is used and regulated locally. Common indicators of uses that can lead to treatment as a “condo-hotel” include frequent guest turnover, hotel-style marketing on booking platforms, centralized cleaning or check-in services, elevated noise and security incidents, and commercial-level wear on common amenities. Once condo-hotel uses and conditions arise, the distinction between residential condominium use and lodging use begins to blur drawing scrutiny from municipalities, lenders, insurers, and full-time residents alike. Lenders increasingly classify STR-dominant buildings as non-warrantable, limiting buyer financing options and negatively affecting resale values across the community. Insurance coverage and tax treatment may be implicated. Further, such use may run afoul of governmental regulations.


    STR regulation in Colorado is almost entirely local, and enforcement has grown increasingly complex. Resort jurisdictions and lenders are focusing less on how a property is titled and more on how it operates day to day. Property owners typically must obtain local STR licenses and comply with municipal or county codes, as well as applicable sales and lodging tax requirements. Summit County, for example, uses zoning overlay districts to distinguish between resort areas where STRs are encouraged and neighborhood areas where STRs are capped or prohibited. Aspen adopted an STR moratorium and a permit system that differentiates between residential STRs and purpose-built lodging or condo-hotel properties. Vail requires annual STR registration and a designated local contact to respond to complaints.


    In addition to regulatory, insurance, and lender impacts, STR density that pushes a building toward hotel-like operation places burdens on the association. Boards must devote increasing time to addressing transient conduct, enforcing community rules against short-term occupants unfamiliar with those rules, and responding to higher volumes of resident complaints. At the same time, STR-heavy buildings commonly experience accelerated wear on common elements, heightened security needs, and escalating insurance costs. Without STR-specific fees or cost-allocation mechanisms, these expenses are typically borne by all owners, meaning resident owners may investor-driven rental activity. 


    Analysis of how STRs are treated at the local government level needs to occur to ensure current and future compliance by the CIC with those regulations. Likewise, it is critical to align CIC governance with lender treatment of what is considered condo-hotel. In conjunction with these evaluations, an analysis of governing documents should occur to ascertain if changes are needed to clearly define, regulate, or restrict STRs based upon regulations, lender requirements, insurance concerns, and CIC specific impacts such as parking, rule compliance, and wear and tear. The CIC should then monitor STR density considering these various aspects. 


    Colorado’s experience offers a cautionary lesson. Short-term rentals can quietly convert residential condominiums into hotel-like properties, which reshapes governance structures, financial stability, and community character. While STRs are not inherently incompatible with condominium living, inaction creates systemic risk. For boards and managers, the objective is not to eliminate STRs but to manage them deliberately and transparently. In a regulatory environment increasingly focused on operational reality rather than formal labels, proactive governance may be the most effective risk management tool available to CICs. 


    Kerry Wallace is a Partner at Goodman and Wallace, P.C. in Eagle County, CO with a law practice focused upon guiding resort-based common interest communities through the ever-changing legal landscape. Kerry is a current Business Partner of CAI-RMC, and has been a speaker and panel member at numerous CAI Colorado - Rocky Mountain conferences. Kerry can be reached at 970-926-4447 or Kerry@goodmanwallace.com.



  • 02/01/2026 3:26 PM | Anonymous member (Administrator)

    By Alyssa Chirlin, Smith Jadin Johnson, PLLC

    HB25-1272: this bill does a number of things including imposing a six-year deadline (statute of limitation) on Construction Defect actions and setting forth Affirmative Defenses that a Construction Professional may raise against a claim, including that the defect was caused by weather, failure to follow maintenance recommendations, human-caused event (such as vandalism) or ordinary wear and tear. It also increases the owner voting threshold to pursue a construction defect claim from a simple majority to a 65% vote.


    Community associations often call attorneys when something has already gone wrong—a foreclosure is stalled by a procedural technicality, or an insurance claim is denied due to a documentation gap. In practice, though, the strongest legal position is built well before any dispute arises. It starts with preparation, clarity, and diligence. 


    As we head into 2026, Colorado community associations are operating in a changed legal environment. Recent legislation has raised the bar for compliance in several critical areas, including LIST. “Strict compliance” is, in many cases, no longer simply a best practice; it is the baseline requirement for enforcing a community’s rights. With new laws reshaping foreclosure procedures and construction defect claims, the early part of the year is the ideal time for boards to take stock and strengthen their foundations

    To that end, here is a practical 12-week plan designed to move your association from reactive problem-solving to proactive risk management. 

    THE 12-WEEK ROADMAP FOR A STRONGER 2026

    Weeks 1–4: Collections & Foreclosure Readiness 

    Focus: Perfecting procedures to protect an association’s lien rights.

    House Bill 25-1043 introduced new "Owner Equity Protection" regulations that alter assessment collections and foreclosure. Collections notices must now include more detailed information about a delinquent owners’ rights, the collections process includes more steps, and, once the foreclosure process has begun, delinquent owners have a greater ability to pause foreclosure proceedings if an association cannot demonstrate strict compliance with every statutory requirement. 

    Key steps for boards to take: 

    • Review your collections policy: Your policy is your first line of defense and must clearly reference required disclosures, including notice of delinquent owners’ ability to access relevant information from the HOA Information and Resource Center and HUD Without this specific language, collections actions may be vulnerable to delay or dismissal, and your community may even be responsible for paying the delinquent owners’ attorney fees. 
    • Treat collections notices as evidence: Notices of delinquency should be drafted with care. Ensure that they contain the newly-required statutory language, including notice to delinquent owners of their right to receive an account ledger within seven (7) business days and of the potential risk to their home equity. 
    • Confirm compliance before escalation. Before authorizing legal action, associations should verify that all steps required by law and by the association’s governing documents were completed, including communication and voting requirements. Establishing a procedure to verify compliance will save time and put the association in the best position to succeed on its legal claims.
    • Re-evaluating insurance obligations. Many governing documents assign insurance responsibilities that no longer align with today’s coverage realities. Where the law allows, boards should consider whether the current allocation of insurance duties between the association and owners still makes sense or whether updating those provisions could reduce financial obligations, clarify expectations, and better protect all parties.
    • Governing document cleanup: While a governing document amendment is not always necessary, outdated or conflicting provisions should be addressed at least through a rule or policy, where possible.  Items to review include fine limits, enforcement language, and other rules affected by newer statutes, such as flag and sign limitations. Conflicting documents create confusion and ambiguity, and in court, these can be expensive.
    • Re-evaluating insurance obligations. Many governing documents assign insurance responsibilities that no longer align with today’s coverage realities. Where the law allows, boards should consider whether the current allocation of insurance duties between the association and owners still makes sense—or whether updating those provisions could reduce disputes, clarify expectations, and better protect all parties.
    • Deductible transparency: If your master policy deductible has increased, homeowners may be exposed without realizing it. Associations should clearly communicate specific deductible amounts so homeowners can confirm that their personal HO-6 policies provide adequate coverage.
    • Plan for slower recovery timelines: Under HB25-1043, homeowners may request a stay of foreclosure for a period of up to nine months (which may then be extended even further for good cause) in order to sell their home at fair market value. While this protects a homeowner’s equity, it also means associations should budget for longer collection cycles. 
    • Understand new construction defect requirements: HB25-1272 has raised the homeowner approval threshold for construction defect lawsuits from a simple majority to 65% of all homeowners.  For newer communities approaching statutory deadlines, early education and outreach are essential. Achieving this high level of support requires more than a single notice—it calls for a thoughtful communication strategy.
    1. Commit to strict compliance. In today’s legal environment, “almost right” is no longer good enough. One missed step can halt enforcement efforts.
    1. Budget for delays in collections. New foreclosure stays mean recovery may take longer. Cash-flow planning is more important than ever.
    1. Update owner contact information. Laws now require the use of multiple communication methods. Without current email addresses and cell numbers, enforcement options may be limited.
    1. Assess the 65% vote threshold. Communities with potential construction issues should gauge owner sentiment early and plan well ahead of any deadlines.
    1. Communicate insurance deductibles clearly. Make sure owners know exactly what your association’s deductible is so they can coordinate their personal coverage accordingly.

    Weeks 5–8: Risk Management and Insurance Check-In

    Focus: Closing coverage gaps before a loss occurs.

    Insurance challenges continue to grow as premiums rise and coverage terms tighten. While some disputes stem from carriers’ bad faith, disputes can also stem from misalignment between governing documents, insurance policies, and homeowner expectations. 

    Board should focus on:

    Weeks 9–12: Litigation Strategy in a New Legal Landscape

    Focus: Planning for longer litigation timelines and higher thresholds.

    Recent legislative changes have altered expectations around both collections and litigation. Including: 

    A little planning at the start of the year can prevent significant frustration—and expense—down the road. By taking a structured, proactive approach in early 2026, Colorado HOAs can protect their communities, strengthen their financial footing, and reduce the likelihood of unpleasant surprises later on.

    Manager’s Tear-Sheet: Summary for Boards

    (Cut and paste this section for your Board packets)

    If You Only Do 5 Things This Year…


    Alyssa Chirlin a partner at Smith Jadin Johnson, PLLC, which focuses on representing community associations in Colorado. The firm provides comprehensive legal services to HOAs, including routine governance, collections, covenant enforcement, developer transition, litigation and general counsel support.  

  • 02/01/2026 3:21 PM | Anonymous member (Administrator)

    By Jenny ShamoonAltitude Community Law, P.C. 

    As communities face rising costs and aging infrastructure, many associations are exploring creative ways to manage or monetize their common elements. A significant trend involves shifting responsibility for certain portions of the community from the association to individual owners. Others are reclassifying amenities, repurposing them, or even selling portions of the common elements to generate revenue. These strategies can offer financial relief, but they come with meaningful trade-offs boards must consider carefully. 

    Shifting Maintenance Responsibility to Owners

    In many townhome communities, associations are amending their declarations to require owners to maintain the entirety of their residence, including exterior surfaces and landscaping. Many pre-CCIOA condominium communities have also adopted a similar approach, requiring owners to insure and maintain the entirety of their residences.  

    Pros: Transferring responsibility to owners can substantially reduce operating costs. Associations may benefit from lower insurance premiums, lower reserve contributions, and the ability to maintain lower monthly assessments. For communities already operating with tight budgets, shifting maintenance obligations can relieve financial pressure and help the association avoid special assessments.

    Cons: This change does not eliminate the costs of repair; it simply transfers them to homeowners. In today’s legal environment, an association’s ability to compel owners to properly insure or maintain these components is more restrictive and limited than years past. Shifting responsibility to owners as means that the association loses control over consistency, quality, and timing. One neglected roof or exterior wall can affect attached units, property values, and community appearance. 

    Additionally, individual owners often cannot obtain pricing as favorable as the association could by contracting for repairs in bulk. When owners are left to handle major structural or exterior components on their own, they lose the benefit of the association’s ability to negotiate volume discounts or enter into comprehensive service agreements covering multiple units. This can result in higher out-of-pocket expenses and inconsistent repair standards across the community.  

    Reclassifying or Repurposing Amenities

    Another trend involves modifying the use of existing common elements. Rather than maintaining high-cost amenities that owners are unwilling to fund, associations are removing specific references in the declaration or plat map (such as “tennis court,” “pool,” or “playground”) and instead categorizing these areas simply as “common elements.” This provides flexibility to repurpose the space without violating the governing documents. 

    For example, a deteriorated tennis court can be converted into open green space, which is significantly cheaper to maintain. Some communities have even gone further by subdividing portions of the common elements into buildable lots and selling them to generate revenue.  

    Should Associations “Remove” Common Elements from the Declaration?

    Boards often ask whether they should amend the declaration to remove certain common elements altogether. This answer depends on what “remove” means. If the association owns the property, or the property is owned in common by the unit owners, it is a common element, regardless of whether the declaration mentions it. However, removing specific amenity references can be beneficial because it gives the association greater discretion to repurpose the space without violating the governing documents. 

    But this raises the question: how does reassigning or removing common element responsibilities affect the association’s reserves? While changing maintenance obligations may reduce future reserve needs, it does not alter the status of existing reserve funds. Money already collected for long-term repairs remains the property of the association and must be preserved for future community expenses. Even if the association no longer maintains a particular component, those funds cannot be returned to owners, as the current owners may not be those who originally contributed to the reserves, and refunding those amounts could create an improper benefit to such owners. In most cases, financially strained associations will still need those reserves for other capital needs within the community. 

    Some associations also consider conveying property to the local municipality. While this can reduce association expenses, it raises significant concerns. Community associations were originally created because cities lacked the resources to maintain neighborhood-level amenities to the standard owners expected. Turning maintenance back over to the city may result in reduced upkeep, infrequent repairs, and declining property values, particularly for roads or large open spaces. 

    Key Questions for Boards

    Before shifting responsibilities or revising common element designations, boards should consider:

    • Cost-effectiveness: Will owners receive better or worse pricing compared to association-negotiated bulk contracts?
    • Owner reliability: Are owners likely to properly maintain and insure the components assigned to them?
    • Effect on property values: Will repurposing or eliminating amenities help or harm the community long-term?

    Shifting responsibilities or reimagining common elements can reduce costs and offer flexibility, but these approaches also carry risks. Boards should weight the long-term impacts on property values, maintenance consistency, owner expectations, and community cohesion. Creative solutions can benefit associations so long as the trade-offs are fully understood and carefully planned. 

    Jenny Shamoon is an associate attorney in the Transactional Department at Altitude Community Law, P.C., where she advises Colorado community associations on governing documents, compliance, and general operations. Her work focuses on helping associations navigate CCIOA and implement practical, legally sound solutions. 


  • 12/01/2025 4:54 PM | Anonymous member (Administrator)

    By Heidi Scanlan

    Most HOA boards don’t run out of ideas they run into too many of them. Meeting agendas get packed, budgets keep carrying old “zombie” line items, and discussions circle around without much getting finished. The fix isn’t more meetings, it’s a simple system that takes a community’s wish list and turns it into a funded, 90-day action plan.

    Here’s a 5-step framework any HOA can use, with tips on using common HOA specific industry software to make it practical in conjunction with your Community Management Team.


    1) One Door for New Ideas

    Owners, committees, and vendors all have ideas. Without a single way to collect them, the loudest voice wins.

    How to fix it:

    • Use one intake form (through your portal or email).
    • Ask for the basics: problem, location, risk, estimated cost, funding source, timing, photos.
    • Close submissions two weeks before quarterly planning.
    • Safety / Legal requirements
    • Protecting property value (reserve study)
    • Reducing risk (insurance, liability)
    • Financial impact (savings or revenue)
    • Owner experience (comfort, appearance)
    • Alignment with board goals
    • Readiness (clear scope, vendors available, right season)
    How it works:
    • Each quarter, pick 5–10 realistic projects.
    • Assign an owner, budget, milestones, and a clear “done” definition.
    • Month 1 = prepare; Month 2 = execute; Month 3 = close out and report.
    • Monthly meetings focus only on sprint projects and emergencies. Everything else waits its turn.
    Steps:
    • Pick 4–6 annual goals (ex: roof protection, life safety, insurance stability).
    • Tag each budget line with one of these goals.
    • Share a one-page summary showing how much money goes to each goal and which projects are included.
    “38% of our operating funds and 62% of our reserves are funding roof and safety projects A, B, and C.”
    • Sprint dashboard: list of projects, owners, budgets, and statuses.
    • Budget summary: chart showing dollars by goal.
    • Risk list: top 5 “if we don’t fix this, here’s what happens” issues.
    • No owner?
    • No clear scope?
    • Not tied to a goal?
    • No activity in a year? If yes, retire it.

    Why it works: Everyone gets equal access, and the board sees better, more complete requests.

    2) Rank Requests with Clear Criteria

    Debates shrink when everyone agrees on how to judge projects. 

    Score each request on things like:

    Top-scoring projects go into the next 90-day work cycle.


    3) Work in 90-Day “Sprints”

    Annual budgets set a big picture. Real progress happens in quarters.


    4) Tie the Budget to Real Goals

    A budget shouldn’t just be a list of expenses, it should show what the community is trying to achieve.

    Now when an owner asks, “Where’s my money going?” you can say:


    5) Report What Matters, Drop the Rest

    Skip long reports. Use three simple tools:


    Zombie test for line items:


    Saying “no” without burning bridges is possible when the process is framed as fair and consistent. For example, if a project scores below the quarterly cut-off, it isn’t rejected outright—it stays in the backlog for review at the next cycle. If an item lacks an owner, scope, or clear goal, it can be closed with the option to resubmit if circumstances change. This way, the decision feels process-driven, not personal.


    To make sure good ideas aren’t lost, “nice-to-haves” can be placed in a parking lot. These items are reviewed quarterly rather than monthly, creating space for higher-priority work. If an idea sits untouched for a year, it is automatically retired unless re-submitted. This keeps the list fresh while preserving opportunities for future consideration.


    At its core, the HOA budget is the community’s financial plan. It balances day-to-day operation such as landscaping, utilities, insurance, and management with reserves set aside for long-term repairs like roofs, siding, or elevators. Best practices include taking a conservative approach to expect cost surprises, aligning the one-year budget with three- and five-year plans, gathering owner input through short surveys, and staying compliant with governing documents and state law.

     

    Strong governance requires clear guardrails. Boards must act in the best interest of the entire community, ensuring that financials and approved budgets are shared on time. Major budget decisions must be approved by the whole board, not by individual directors acting alone.


    With this approach, several positive changes take place. Owners gain clarity on where their money goes, projects move forward within 90 days instead of lingering for years, and every idea is reviewed under the same criteria. The community also becomes more resilient, with the ability to address emergencies without chaos. Ultimately, budgets stop being seen as spreadsheets and instead become the community’s roadmap. Every dollar tells a story, and this method ensures it moves from wish list to visible results.



    Awaiting bio & headshot: By Heidi Scanlan for Common Interest (CAI-RMC)

  • 12/01/2025 4:52 PM | Anonymous member (Administrator)

    As we come to the close of another year for Colorado community associations, it’s clear that HOAs are navigating an increasingly complex landscape. From variable insurance costs to accelerating repair cycles all the while trying to navigate Colorado’s unpredictable weather, the pressures on boards and managers continue to build. These challenges are not isolated — they intersect, amplifying both the financial and operational strain on associations of every size.

    Our committee has spent considerable time discussing these trends, and while the picture may seem daunting, we also see opportunity. 

    With thoughtful planning, transparent communication, and a proactive mindset, communities can adapt to today’s realities while preparing for tomorrow’s demands. This article is our collective effort to provide perspective, guidance, and a few practical tools that can help board members chart a more confident path forward.

    In the following sections, we will explore a key area shaping the future of community management — from reserves and insurance to construction, lending, and overall governance. We’ll highlight what we’re seeing now, what’s likely ahead, and most importantly, what steps boards can take today to be better prepared for what’s coming next.

    General Financial Outlook

    Although inflation continues to trend upward, the increases we’re seeing are somewhat more palatable than the significant spikes experienced earlier in 2025 and in previous years. Interest rates—both for investments and debt—have remained relatively steady, though experts have projected we can anticipate a continued slow and gradual decrease in late 2025 and early 2026. 

     The most productive action for an HOA board at this time is to focus on positioning the Association as favorably as possible in the financial market by addressing items commonly reviewed by underwriters. In addition to reserve funding, both insurers and lenders evaluate a community’s financial position through delinquencies/bad debt ratios and rental percentages. 

    This year we’ve spent a significant amount of time exploring the negative effect of delinquencies on community associations in detail and state legislation has certainly kept this focus as well (although perhaps with a misunderstanding of the detriment uncollectable debts have on the ability for an Association to maintain its physical elements properly). Proactively managing these two areas (as well as committing to the reserve funding plan) can often benefit the Association through improved insurance premium rates and more favorable consideration if a loan is needed in the future. By maintaining a strong financial position, the Association can reduce its exposure to higher rates.

     It is also a good idea to take advantage of current rates by investing in appropriate interest drawing accounts if the projected rate decreases. Availability of higher rates through certificates of deposits (cds) and money market accounts can help an association maximize its reserve funds before the money is needed for future projects. 

    Insurance

     The HOA insurance market continues to evolve under mounting pressure from economic, environmental, and regulatory forces. Historically, across Colorado and beyond, communities are experiencing sharp premium increases, limited carrier availability, and stricter underwriting requirements. Understanding these trends — and responding proactively — can help your association remain an attractive risk in the eyes of insurers.

    The Current Landscape: Carriers are facing unprecedented losses due to inflation, rising construction costs, and an uptick in severe weather events. Carriers have become more selective, often reducing capacity in high-risk regions or tightening terms for older buildings and communities with deferred maintenance. Property valuations are being closely scrutinized, and policies are being restructured to ensure replacement cost accuracy. Meanwhile, liability and directors & officers (D&O) claims are growing as communities navigate complex governance and vendor relationships.

    The Outlook Ahead:Although we are seeing rate decreases after a mild year of relatively few hail storms and a mild wildfire season; forecasts suggest that premium pressures will persist over the next 12–24 months as insurers balance portfolios and rebuild reserves. Communities with poor loss history, inadequate reserve funding, or outdated property maintenance records will face the toughest renewals. However, associations that demonstrate strong risk management practices and financial responsibility will remain top candidates for competitive coverage options.

    The Bottom Line: While the HOA insurance market is challenging, preparation is power. Communities that treat insurance as a year-round partnership — not a once-a-year renewal — will not only mitigate premium increases but also stand out as preferred risks in a tightening market.

    Reserves

    One of the most common inquiries we receive from readers is - when will a Reserve Study law be implemented in Colorado? 

    In 2022, a Reserve bill landed on the desk of the governor, but was then vetoed. No new Reserve Study related legislation was presented on the floor in 2023, 2024, or 2025. Will 2026 be the same? We will see. 

    However, what is important for boards to understand is they are ultimately responsible for the funding for their community, regardless of the legislation. Even if a bill is not passed, boards and owners need to understand that the responsibility for paying for the ongoing maintenance of the HOA ultimately rests on themselves. 

    We want to encourage boards that they have the ability to cast the vision for their association. They can change course for the better. It is not easy, but it can be done. What are some things to remind our board members?

    • Your Community is Worth It
      • A well funded community, on average, funds their Reserve account for $3-$5 per day, per unit. This is about the cost of a small cup of coffee. Your community, your home’s equity is worth more than a cup of coffee any day. Remind the owners that lenders, insurers, and homebuyers are looking for a Reserve Study. A well funded Reserve account benefits the owners. 
    • It Will Help the Resale Value
      • In 2025, we received reports from community managers that units in their condos were not selling or having issues with refinancing due to the inability to meet the standards of the new Fannie/Freddie lending guidelines. A well funded, or a community that is updating the Reserve Study will be better positioned to help their owners sell or refinance their units without any holdups. 
    • Everyone Pays a Fair Share
      • Some owners feel entitled to not pay their fair share of the ongoing deterioration of the community’s assets while they live at the property, and expect that a future owner will just happily pay for a special assessment. This is not true, and we need to remind owners that they agreed to live in the HOA and therefore, they have an obligation to pay for their usage of the community’s assets while they live in the community. 
    • Costs are Increasing
      • Each year a major project is deferred, the costs will continue to increase. Per the Mortenson Cost Index, construction costs in Denver, costs rose 5.3% over the last twelve months. The longer a project is deferred the more expensive it will be for the owners. 

    Roofing and Building Components

    Problems occur with roofing and exterior components when deferred maintenance is left unchecked and there is a lack of annual inspections. With the weather we get in Colorado, annual roof inspections should be expected. 

    It is a common occurrence when a roofing company is requested to inspect a community’s roof only to find that previous hail damage is causing an issue, and to make matters worse, the damage can no longer be used to pursue a claim due to filing timeline restrictions. Additionally, many old and aging communities have inadequate reserves or have no funding plans to address deferred maintenance. Annual inspections, preventive maintenance, and proper future planning is key. 

    Another issue is that homeowners may not have proper HO-6 loss assessment insurance coverage to pay for their assessment/portion of the deductible for an insurance claim. This requires some homeowners to pay large portions out of pocket when they could have had the right coverage. 

    Another issue is when a board elects to not have the building inspected after the building has experienced substantial hail and wind storm. Neglecting an inspection could affect future insurability, as well as lead to future leaks and maintenance issues. If the owners eventually discover an issue due to the prior storm, the replacement cost could be 100% out of pocket for the homeowners. The board has a fiduciary responsibility to take care of their community, and that includes annual inspections.

    The Editorial Committee has spent a considerable amount of time this year exploring complex issues affecting community associations and different ways to present tools and multiple perspectives that can help the leadership in every community association address these complex issues and strategize ways to stay ahead of what might being coming next.  It is our hope that through education, communication and proper planning we can all use these lessons to make our communities stronger.

    --

    Call Out Box: 

    Recommended Actions:

    • Work with the Association’s legal counsel to review and update the collection policy, and ensure there is an effective plan in place for collecting debt and addressing bad debt.
    • Consider adopting a rental cap amendment or formal rental policy to the governing documents.
    • Update Reserve Studies annually and schedule an Onsite Visit Update every 3 years. If no Reserve Study is on file, have one completed in 2026.
    • Ensure property replacement cost valuations reflect today’s construction and material pricing. Accurate data helps prevent underinsurance and demonstrates fiscal responsibility — two key underwriting factors for insurance carriers.
    • Adopt and Communicate a Risk Management Plan. Implement policies for vendor contracts, maintenance schedules, and claims reporting. Educate board members and residents on risk-reduction practices (such as grill, smoking, and water intrusion policies). Written plans signal to carriers that your community takes loss prevention seriously.
    • Review the Fannie Lending Status of your HOA https://condostatus.fanniemae.com/
    • Initiate annual roof/exterior inspections and maintenance (Spring and Fall are best times for this).
    • Begin budgeting and planning for future capital projects (seek professional advice)
    • Continually remind homeowners to have proper loss assessment coverage (amount based on the max out of pocket homeowner liability due to the HOA deductible).
  • 12/01/2025 4:51 PM | Anonymous member (Administrator)

    By Marcia Pryor, LMI Colorado

    If your community’s water bill keeps climbing while the turf keeps browning, that’s not “bad luck,” that’s a system problem you can fix. Colorado’s semi-arid climate isn’t changing in your favor, and two-to-three-day watering schedules are the new normal. Plan for it, budget for it, and design for it. Here’s a blunt, board-friendly roadmap to get water use down and curb appeal up without turning your property into a gravel pit.

    Start with a Plan (before you touch a sprinkler)

    Xeriscape isn’t code for “zeroscape.” Done right, it’s green, colorful, seasonal, and functional. The framework is seven principles: (1) plan/design; (2) soil improvement; (3) hydrozoning; (4) practical turf; (5) efficient irrigation; (6) mulching; and (6) appropriate maintenance. Use them as your agenda for a working session with your landscape partner, and document decisions by area (entrances, streetscapes, parks, courtyards) so you can phase over 2–3 years rather than attempt a budget-busting overhaul in one shot.

    Key decision rules:

    • Right plant, right place. Favor native/adaptable, disease-resistant, drought-tolerant species; group by similar water needs (hydrozones); and size plantings so they won’t demand extra water or pruning to survive.
    • Practical turf only. Keep lawn where people actually use it (play, picnics, pets). Ditch narrow strips, steep south-facing slopes, and parking lot islands. Consider newer lower-water turf blends in “must-have” lawns and convert the rest to beds or native stands.
    • Soil is not optional. Test and amend; poor soils waste water. Plan for organic matter incorporation and protect existing topsoil during any renovation.

    Irrigation: Fix the System, Then the Schedule

    You won’t save water with thirsty designs, and you won’t save it with leaky, mismatched irrigation either. Expect to make targeted upgrades and then manage the system like an asset, not a set-and-forget timer.

    High-impact upgrades (ranked for ROI):

    1. Smart/ET controllers. Weather-based “brains” routinely cut use around ~30% while maintaining plant health. Require separate turf vs. bed programs. (This is the fastest budget win for most properties.)
    2. Pressure regulation + matched precipitation nozzles. Convert sprays to high-efficiency MP rotators where appropriate to reduce misting and run-off; balance precipitation rates across zones.
    3. Drip for shrubs and trees. Subsurface or drip for woody/herbaceous beds; zone separately from turf.

    Operational standards:

    • Water at dawn, not at 2 p.m. - you’re paying for evaporation at that point.
    • Add rain sensors and shut systems off ahead of storms.
    • Set turf height at 3.5–4 inches to shade roots and reduce demand.
    • Maintain monthly or bi-weekly: inspect zones, repair leaks/heads, reset runtimes seasonally, audit annually.

    Phasing & Budgeting

    Most communities succeed with a three-phase plan that blends quick wins and capital items:

    Phase 1 (0-6 months): “Control What You Can Today.”
     Smart controllers, pressure regulation, nozzle retrofits, leak repairs, top dress mulch to retain moister levels, mowing height policy, and resident education (“Every drop counts”). Commit to a strong and thorough landscape maintenance program to protect your assets. Expect immediate savings and healthier plant response.

    Phase 2 (6-18 months): “Design Out the Waste.”
     Remove nonfunctional turf (strips, slopes, islands). Convert those areas to hydrozoned planting beds with drip, fabric-free mulch, and region-appropriate plants. Prioritize high-visibility entrances and chronic problem zones first.

    Phase 3 (18-36 months): “Future-Proof.”
     Where lawns are truly needed, convert to lower-water turf varieties; continue bed conversions; add monitoring tech (flow sensors, alerts) to catch stuck valves/leaks quickly; formalize an annual irrigation audit and soil program.

    Governance: Set Targets, Then Inspect What You Expect

    • Adopt a water budget with target reductions by area (e.g., entrances −25%, streetscapes −15% in Year 1).
    • Tie vendor scope to the seven principles (design, soil, hydrozoning, turf, irrigation, mulch, maintenance) so expectations are crystal clear. Consider adopting an acceptable plant list for all future projects.
    • Measure quarterly: controller reports, gallons per irrigated square foot, leak response time, and completion of proactive maintenance tasks. Share your stats with your vender.
    • Communicate wins - residents will back the program when they see color, shade, and butterflies where a dead strip used to be.

    Common Pitfalls (and how to avoid them)

    • Rock-only “makeovers.” That’s zeroscaping, not xeriscape, and it bakes your site while inviting weeds and lacks curb apeal. Use living plant mass with mulch and drip.
    • Mixing plants with different water needs in one zone. One group dies; the other drowns. Hydrozone or you’ll chase problems forever.
    • Controllers left on “July” in October. Seasonal resets are free savings - schedule them.

    Bottom line: you can’t control the weather, but you can control design, hardware, and habits. Plan ahead, phase intelligently, and manage to metrics. Your landscape will look better, your water spend will shrink, and your community will be set up for the climate we actually have… not the one we wish we had. Every drop still counts. 


    Author Bio

    Marcia Pryor have been in the landscape industry for over 40 years and has held many roles including Landscape Architect, Account Manager, and Business Developer. She is currently a BD for LMI Colorado, a local commercial landscaping company who prides itself on providing superior landscape and irrigation design, development, commercial maintenance, and snow removal services. Sustainability is a part of all aspects of the company.

  • 12/01/2025 4:49 PM | Anonymous member (Administrator)

    By Mike Wachtel

    When it comes to maintaining a community, proactive care always outperforms reactive fixes by both reducing risk and lowering costs. For HOA communities, where shared spaces are central to residents’ quality of life, preventative maintenance and annual inspections aren’t just best practices; they are essential. 

    Why Annual Inspections Matter
    An annual inspection provides a clear picture of your property’s current condition, helping communities and managers prioritize needs before they become emergencies or costly issues. 

    Unaddressed minor issues can cause large risks. Identifying small cracks in asphalt before they expand, trimming trees before limbs become hazardous, or repairing lighting before dark walkways invite accidents can make all the difference in safety and long-term costs. When minor issues become major risks, legal liability for injury increases. 

    Inspections protect residents and preserve property values. In many cases, manufacturer warranties for major systems and materials require regular inspections. Skipping an annual inspection could put your insurance coverage at risk. Taking proactive steps to identify and mitigate risk can help reduce insurance premiums as well. 

    Not only do annual inspections comply with manufacturer warranties and insurance providers but they ensure community members are in compliance with HOA rules and regulations. A well-maintained community promotes curb appeal, increasing property value and attracting potential buyers. 

    Responsibility Parties 

    The people responsible for ensuring annual inspections and annual budget allocation may vary based on the community.  It could be HOA board officers, HOA community managers, or a third-party service that conducts the annual inspection and reports the findings to the board or community. Conducting inspections helps to prioritize the annual budget. 

    Prioritization Protects Budgets
    Annual inspections often reveal a wide range of needs,from simple fixes like rusted railings, pavement potholes, or burnt-out lights, to more significant concerns such as structural issues, roof leaks, deteriorating siding, or damaged windows and doors. Because not every project can be completed at once, it’s important to create a phased, multi-year maintenance plan. This approach ensures urgent safety issues are addressed first while allowing larger improvements to be scheduled and budgeted over time. By also setting aside funds for routine and emergency repairs, boards can minimize unexpected reallocations and keep the community both safe and well maintained throughout the year.

    Building Safer, Stronger Communities
    Not all states require annual HOA inspections including Colorado. However, HOAs in Colorado must register with the Colorado Division of Real Estate and file a periodic report with the Colorado Secretary of State. While state law does not yet require every HOA to conduct a reserve study on a fixed schedule, commissioning a study at lease every five years is considered best practice and is strongly recommended to ensure long term financial health.  

    Annual inspections and preventative maintenance aren’t just about protecting physical assets; they’re about creating safe, welcoming spaces for every resident, from children at the playground to seniors walking pathways at night. By prioritizing and planning ahead, HOA boards and managers can keep their communities thriving while staying within budget.

    About the Author

    Mike Wachtel brings over fourteen years of experience managing complex building envelope projects across multi-family, commercial, and historic properties. With a degree in Architecture and a national Class B contractor license, Mike combines technical expertise and hands-on experience to deliver safe, high-quality, and budget-conscious solutions for the communities he serves.


  • 12/01/2025 4:48 PM | Anonymous member (Administrator)

    By Devin Pozzi

    Working at the intersection of health, wellness, and community, I’ve seen firsthand the value of integrating contemplative practices into modern life. Through my work with for-profit organizations, nonprofits, and the people who live and/or work within them, I emphasize that genuine connection and meaningful collaboration are essential to building a strong, resilient foundation.


    For the past few years, I have observed a quiet but powerful shift taking place within homeowners associations (HOAs) across the country. It’s a shift that reflects a growing desire for more connected and wellness oriented communities.

    Let’s face it - the primary focus of HOA leadership, as far as I understood it, has been on rules enforcement, maintenance, and compliance. But today, communities seem to be asking for something more. Homeowners are no longer content with simply living in neighborhoods that are well maintained,they want to live in neighborhoods that are well lived

    This is where future-focused community visioning comes in and it’s a critical evolution.

    Beyond the Bylaws: Building a Shared Vision

    A community without a vision is like a home without a foundation. You can repair cracks and paint walls, but the structure wont stand up over time without a real solution.

    What we’re seeing, and encouraging, is a movement toward proactive, values driven leadership in HOAs. Its about guiding your neighborhood, not just by taking care of the exterior. It’s about taking care of the people that call it home.

    Trends to Consider:

    1. Strategic Planning

    More HOA boards are stepping away from relying purely on their monthly checklists and are engaging in facilitated strategic planning. These sessions create a space to ask deeper questions:

    • What kind of neighborhood do we want to be in five or ten years?
    • What matters most to our residents?
    • How can we plan for wellness, belonging, and beauty and not just functionality?
    • A neighborhood that supports intergenerational living.
    • A place where wellness is integrated into daily life.
    • An environmentally conscious place for all.

    These arent just visionary exercises - theyre investments in long term sustainability, stability, and satisfaction.


    2. Community-Driven Planning

    The best visions are not crafted in a boardroom, by the board alone. Instead, theyre co-created with homeowners.

    Surveys, focus groups - these arent just things to do to say you’ve done it. Theyre tools that empower people to have a voice. In our experience, when homeowners feel seen, heard, and actually valued, they show up differently. They take pride. They contribute. They get involved.

    We’ve seen communities where even one listening session, so long as there is a neutral party to help facilitate, sparks new energy and engagement among neighbors who previously felt disconnected. Keep in mind, this is different than a board meeting. It’s facilitated planning with the purpose of connection and true collaboration.


    3. Adopting Vision Statements with Heart

    We encourage communities to adopt formal vision statements that go beyond landscaping standards or parking policies. These statements reflect who the community wants to be:

    Vision statements become guide posts, helping to inform design decisions, budget priorities, and amenity upgrades.  These statements can even guide the tone of communication from the board. You don’t have to give up fiscal responsibility to care about the lives that live in the community.


    From My Perspective: Why This Matters

    When we take the time to plan with purpose, we dont just improve infrastructure within the community, we improve lives.

    A visioning process invites connection. It inspires alignment. It encourages healthier interactions, both socially and structurally. Its the first step toward building neighborhoods that support mental well-being AND physical vitality, the foundations of any thriving community.


    A Call to HOA Leaders and Community Managers

    You are not just stewards of bylaws. You are culture creators.

    Future focused community visioning shouldn’t be an exception to the rule. In my opinion, its a necessity in a time where expectations are higher and life seems to be more complex. But the good news is: you dont have to figure it out alone. Facilitators can help to guide these conversations. To help boards listen. To bridge the gap between governance and community life.


    Lets Redefine What HOA Leadership Looks Like

    I truly believe that the HOAs that will thrive are the ones that look beyond maintenance and enforcement, and also ask:

    What kind of life do we want to create here?”

    Lets start there. Lets build from vision.


    Devin Pozzi is a meditation teacher and health and wellness coach dedicated to bridging the worlds of deep contemplative practice and modern professional life. His approach is informed by a rich and varied contemplative background, shaped by immersive practice and rigorous study in monasteries across Nepal, India, France, and the United States. Devin's mission is to bring the value based practices into the task-centric professional world. He empowers individuals and teams to move beyond burnout and cultivate a life of greater wellness, meaning, and purposeful service.


  • 12/01/2025 4:46 PM | Anonymous member (Administrator)

    By Scott Magyar, Associa 

    The story of homeowners’ associations (HOAs) in Colorado begins with a national movement toward planned communities that started in the 1940s. One of the first and most influential examples was Levittown, built on 4,000 acres of Long Island, New York, to provide housing for returning World War II veterans. While Levittown didn’t have a formal HOA with a board of directors, it did establish community rules and standards — laying the foundation for the modern HOA.

    Inspired by developments like Levittown, Colorado saw its own early experiment in cooperative housing. In 1948, a group of university professors formed the Mile High Housing Association (MHHA), creating the state’s first single-family housing cooperative.

    The Federal Highway Act of 1956 helped fuel this growth even further by making more areas accessible for development. Then in 1960 the creation of the National Association of Housing Cooperatives (NAHC) gave these new communities more structure and support, paving the way for today’s formal homeowners’ associations.

    A major turning point came in 1963, when the Federal Housing Administration (FHA) began approving mortgage insurance only for homes and condominiums in communities managed by HOAs. This policy quickly made HOA-style neighborhoods more common, as they offered shared amenities, consistent upkeep, and higher property values.

    As communities became larger and more complex, volunteer HOA boards often struggled to handle day-to-day operations. This created a need for professional management companies to assist with finances, maintenance, and rule enforcement — a trend that took off in the 1970s.

    Today, the Community Association Institute (CAI) estimates there are over 370,000 HOAs across the United States managing more than 40 million homes. In Colorado alone, there are nearly 12,000 HOAs, and about 42% of Coloradans live in HOA-governed communities — the second-highest rate in the nation after Florida.

    Colorado’s HOAs operate under the 1990 Common Interest Ownership Act (CCIOA), which defines the rights and responsibilities of both homeowners and associations. This law is designed to ensure transparency, fair communication, and proper dispute resolution, helping Colorado earn a reputation as a homeowner-friendly state.

    HOAs have also become an important part of Colorado’s economy. By maintaining neighborhood standards and shared spaces, they help boost property values — with HOA homes valued about 4% higher on average than those outside of associations. Since many new housing developments are HOA-managed, this activity supports Colorado’s real estate industry, a major source of jobs and economic growth.

    Looking ahead, HOAs are continuing to evolve. New communities are being formed every year — an estimated 5,000 annually across the U.S. — and the HOA model is expanding into retirement communities, timeshares, and mixed-use developments that blend homes, shops, and cultural spaces.

    From Levittown to modern-day Colorado, HOAs have become a defining feature of community life — shaping how neighborhoods grow, how homes are maintained, and how people connect with one another.


    Scott Magyar - President, Associa – Colorado Association Services.  Scott Magyar grew up in Carbondale. After spending his college, consulting, and several industry years in Texas, Scott has come home to Colorado as President of Associa - Colorado Association Services.

  • 12/01/2025 4:45 PM | Anonymous member (Administrator)

    By Natalie Tuccio, Kennedy Richter Construction 

    When a homeowners’ association learns that major repairs are needed—whether it’s siding, deck or roof replacements, or structural or drainage corrections—the instinct is often to “get bids.” It sounds logical: gather a few numbers, compare prices, and pick the most reasonable one. But for large, complex community repair projects, that approach can lead to frustration, change orders, and unplanned costs once construction begins.

    There’s a better path: preconstruction. Preconstruction is a collaborative planning phase where a contractor and engineer work together—alongside the HOA board and community manager—to develop a fully defined, realistic, and constructible project plan before anyone breaks ground. It bridges the gap between design, budget, and execution—ensuring that the final plan is financially sound and practically achievable.

    Why Projects Benefit from Preconstruction Before Bidding

    When a set of design documents is created and immediately sent out for bid, boards often discover that costs come in higher than expected or that contractors make different assumptions about how the work will be performed. This doesn’t mean the plans were wrong—only that additional coordination and cost validation are needed to align the design with the realities of today’s market conditions and construction logistics.

    That’s where Preconstruction comes in. It’s a proactive phase that brings the engineer and contractor to the same table early, ensuring every detail—from material selection to site access—is understood and optimized before pricing is finalized. The goal is to make bidding more accurate, not more complicated.

    What Happens During Preconstruction

    In a Preconstruction partnership, the engineer leads the technical design—identifying scope, specifications, and code requirements—while the contractor contributes constructability insight, current market pricing, and phasing logistics. Together, they collaborate with the HOA to answer key questions before the project ever goes to bid:

    1. Scope Definition: What work truly needs to be done first? Which repairs are priority versus deferred maintenance?
    1. Budget Alignment: What is the realistic cost to perform that work today, and how does it fit within the association’s available funds or loan capacity?
    1. Phasing & Logistics: How can the project be sequenced to minimize resident disruption, protect safety, and maintain access?
    1. Schedule Accuracy: When can the work realistically start, and what is the anticipated duration?
    1. Risk Mitigation: What potential challenges—such as concealed damage, permitting requirements, or access constraints—can be anticipated and managed in advance?
    • Transparent Decision-Making: Preconstruction produces clear documentation—phasing plans, cost breakdowns, renderings, and timelines—so boards can make informed decisions and communicate confidently with homeowners.
    • Fewer Change Orders: Early constructability reviews and value analysis prevent scope gaps that could lead to mid-project changes.
    • Budget Confidence: Real-time pricing input ensures the project is designed to the budget, not the other way around.
    • Reduced Stress: With proper planning, managers and boards face fewer surprises once construction begins.

    By answering these questions collaboratively, boards gain a transparent, data-driven roadmap for success. The result is a design that’s both technically sound and financially attainable—before the first bid ever goes out.

    Tangible Benefits to HOAs

    A True Partnership Between Design and Construction

    The most successful communities view Preconstruction as an investment in collaboration, not an added cost. Engineers bring the design expertise; contractors bring practical field knowledge. Together, they create a plan that is not only code-compliant and technically correct, but also efficient, safe, and financially viable.

    When both disciplines collaborate early, boards benefit from a unified team focused on one goal: delivering a high-quality, well-planned repair project that protects the association’s investment and minimizes resident disruption.

    For today’s HOAs, preconstruction isn’t an extra step—it’s the step that makes everything else work.

    With more than a decade of experience serving Colorado HOAs, Natalie Tuccio is a seasoned expert in assisting HOAs with their construction projects. As the Director of Business Development at Kennedy Richter Construction, an owner-operated firm, she is dedicated to helping communities plan and execute projects that align with their specific needs and budgets. Kennedy Richter Construction is recognized as the leading contractor for HOAs, specializing in preconstruction, construction defect repair, intrusive testing, and building envelope restoration. KRC approaches each project with a blend of creativity, expertise, and a deep understanding of the unique challenges presented by occupied spaces such as HOAs.






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