Legal Editorials & Articles on HOA Law
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PROBLEMS WITH SLIP AND FALL (a.k.a. premises liability) CASES WHEN YOU ARE A CONDO OR TOWNHOME OWNER IN AN ASSOCIATION

By: , The Evans Firm

A slip on the ice or snow can happen anywhere.  Sometimes a step is missed in a dark stairway and we fall.  These kinds of things happen to everyone, every day of the week.  Sometimes we get hurt, sometimes we don’t.  For those slip and falls that result in a serious injury, where the fall was unintended, unforeseen, and with little to no fault of your own, Colorado provides those individuals with statutory relief under the Premises Liability Act, § 13-21-115, C.R.S.  Injured people, through the help of a licensed lawyer, can recover monetary compensation from the land owner in order to pay their medical bills if they are able to meet and prove precise criteria under the Act.  In fact, the Act is supposed to be the exclusive remedy for slip and fall or premises liability cases.

But condo and town home owners may not be as protected.  These owners, who are typically surrounded by “common elements” within their association, i.e. sidewalks, courtyards, stair cases, green areas, etc., may be completely barred from seeking recovery under the Premises Liability Act if they encounter a serious slip and fall.  The crux of the issue is “Who owns the land?”  It may not be who you think.

To read the entire article by The Evans Firm, click here.


HOA's: DO NOT HIRE FROM WITHIN YOUR ASSOCIATION!

By: , The Evans Firm

When ideas about saving money in an HOA sprout up at the next board or annual meeting due to small budgets, restricted cash flow, or delinquent owners - do not make the one fatal mistake many HOA's make. Every board begins their budget investigation by looking closely at the contracts they have with the vendors...meaning how much are we paying "so and so" to cut the grass, maintain the pool, do our books, etc. Truth be told, many of the day to day activities performed by professional vendors for HOA's are extremely simple tasks that can be done by anyone...and that is the problem.

To read the entire article by The Evans Firm, click here.


HOA's: ARE THINGS SO BAD YOU NEED A 3RD PARTY ELECTION COMMITTEE FOR YOUR BOARD?

By: , The Evans Firm

Lets face it - HOA land is naturally contentious. Owners generally do not like their HOA's, and Boards generally do not like their owners. But if things are really bad...worse than they should be? Picture a large HOA, with half of the owners supporting the current board, and the other half who want to overthrow the entire board. What do you do at the next annual meeting...where there is supposed to be an election for new board members?

To read the entire article by The Evans Firm, click here.