HOAleader.com - Tip of the Week - April 11, 2025
Published: Fri, 04/11/25
Updated: Sun, 04/13/25
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HOAleader.com - Tip of the Week - April 11, 2025
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In this week's tip, we gasp at a recent report of a board considering removing a safety feature in the common areas—streetlights, to be exact.
But safety is a complex issue at many condos and HOAs—how far boards should go to provide safety varies by state law and governing documents. So maybe we're missing something, and our experts don't agree?
Nope. They also have a dark view of this cost-cutting option.
Melissa Garcia, a shareholder at Altitude Community Law PC in Lakewood, Colo., who provides advice and counsel to Colorado associations in all areas of community association law, was as taken aback as we were when she read this question. But there's an important caveat in Colorado law that would factor into her analysis of this issue.
“I was alarmed, but at the same time I don't want to give the impression that associations have a duty to protect their residents,” she notes. “I want to make it clear that there's not a duty for associations to protect the residents unless you make it a duty.
“Some governing documents in Colorado say the association's role is to provide for residents' health and safety and to enhance and ensure it,” explains Garcia. “When COVID-19 came around, we started taking those provisions out of governing documents. I don't want to imply that in the grand scheme of things, the association has a duty to protect residents.”
California also has a state-law variation boards must consider—the 1986 case of Frances T. v. Village Green Condos. Read about the case, plus a ton of reasons why our experts are all lit up about this possible move by a board, in our new article: https://www.hoaleader.com/members/5077.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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When You Need Raise Your Condo/HOA’s Assessments, But You’re Dreading the Complaints
In this week’s tip, we help you out with the inevitable gripes you’ll hear even when you’re doing the right thing—meaning, raising assessments because the cost of everything just keeps creeping up, and you’re working hard to keep your community running and looking great...
Click here to read the full article:
https://www.hoaleader.com/members/When-You-Need-Raise-Your-CondoHOAs-Assessments-But-Youre-Dreading-Complaints.cfm
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HOAleader.com Webinar Case Study: "Why Are Assessments Going Up Again?! Can’t We Just Cut the Budget for...?"
Even when you’re doing the right thing—meaning, raising assessments because the cost of everything just keeps creeping up, and you’re working hard to keep your community running and looking great—you know you’ll hear from owners who begrudge every penny they pay to your condo or HOA...
Click here to read the full article:
https://www.hoaleader.com/members/HOAleader-Webinar-Case-Study-Why-Are-Assessments-Going-Up-Again-Cant-We-Just-Cut-Budget-for.cfm
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An HOA’s Special Assessment Work Has Stalled: Are the Idle Millions Collected Available for Other Projects? [HOAleader.com Video]
In this week’s tip, we answer a reader’s question about whether their board can seemingly rob Peter to pay Paul. By that, we mean, can the board pull money specially assessed for one project to pay for another project while the first project is in litigation?
Click here to read the full article:
https://www.hoaleader.com/members/HOAs-Special-Assessment-Work-Has-Stalled-Are-Idle-Millions-Collected-Available-for-Other-Projects-HOAleader-Video.cfm
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Reasonable or Not: HOA Board Wants EV Charging Stations to Be Invisible
We recently saw a board member complain online about the “unsightly” appearance of electric vehicle charging stations. Their question: “We’ve had some EV charging stations installed without approval for an exterior modification and have unsightly cords outstretched on the ground. I’m thinking they should be installed inside the garage and cords not exposed.”
Click here to read the full article:
https://www.hoaleader.com/members/Reasonable-or-Not-HOA-Board-Wants-EV-Charging-Stations-Be-Invisible.cfm
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What Happens to Funds Your Condo/HOA Special Assessed for a Project That’s Now in Limbo? [HOAleader.com Video]
You did all the hard work of getting a special assessment passed, and you also successfully collected all the money from owners. Whew! What a task!
Click here to read the full article:
https://www.hoaleader.com/members/What-Happens-Funds-Your-Condo-HOA-Special-Assessed-for-Project-Thats-Now-in-Limbo-HOAleader-Video.cfm
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Members can download the report here:
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