Division Notifications

Refusing to Present Offers to Sellers

The Division continues to receive complaints by prospective buyers and their buyer’s brokers that some listing brokers are not presenting buyer’s offers to the seller. An additional complaint is that those listing brokers are refusing to present offers to their sellers unless a particular contract software is being used.

Allocation of Insurance Deductibles

In our recent article titled “Water Damage: Who’s Responsible?”, we discuss the issues involved in determining responsibility when water damage occurs in a unit within a homeowners association. Another consideration when dealing with water damage in an HOA is who is responsible for the insurance deductible. Generally, if damage to an insured property is less than the amount of the insurance deductible, then the insured would likely not file a claim, as there would be no insurance payout. However, for many associations, the cost of water damage frequently exceeds the amount of the insured’s deductible. When that occurs, the parties involved need to know who will be responsible for paying the deductible. 

HB21-1310: HOA Regulation of Flags and Signs

If you’ve been following this year’s legislative session, you’ve undoubtedly heard of HB21-1310. Its stated purpose is to provide additional protections for homeowner’s freedom of expression in an HOA under the Colorado Common Interest Ownership Act (“CCIOA”).

Water Damage: Who’s Responsible?

Determining responsibility for water damage that occurs in a unit within a homeowners association is not always a simple process. There are several considerations to be had and whether or not a party was negligent or irresponsible isn’t always the first question to ask.

Title Insurance - What is it and Why is it Used?

Buying a home for the first time can be a very time-consuming and complicated process. You will be dealing with many contractual and legal matters while coming across some terms and requirements that you might not be familiar with - such as title insurance. So what is title insurance, why do you need it, and who pays for it?

What is Title Insurance?

Real Estate Fraud Issues

Real estate fraud and scams are on the rise and consumers need to recognize them before becoming a victim.

Real Estate Broker Safety

Now that the summer home-buying season is underway, real estate brokers should take heed of safety measures for themselves, as well as for their clients. In addition to any COVID-19 health department protocols that may exist in any particular county, there are other measures that can help ensure one’s safety.

Association Committees and How You Can Make Yours More Efficient and Effective

The effort and resources it takes to effectively govern a homeowners association requires collaboration and cooperation from more than one person. As such, the use of committees in community associations can be a very useful tool for accomplishing the goals of the association. However, in order to be most effective, committees should be well formed with specific purposes and guidelines for their operation.

Ways to Increase Cash Flow Without Increasing Assessments

Association finances are usually on the top of the list when homeowners are asked about what concerns them the most about their HOA. Since the only way that most association boards believe they can generate revenue is through assessments, annual increases in dues and the levying of special assessments have become the norm. However, there are some ways for an association to generate additional income that many may have not thought about.