Written by community association law expert Douglas MacGregor, Colorado Community Association Law is a treatise, case finder, and practice guide—all in one! It contains extensive discussions of all aspects of the law, supported by citations to relevant statutes (including the CCIOA and COA) and case law from Colorado and other states. In addition, practical suggestions and cautionary notes are generously scattered throughout the text.

To guide readers through the complex law on this subject, Mr. MacGregor not only describes the law in detail, but goes on to provide abundant commentary explaining the nuances and inconsistencies in the law and how the laws have been applied in practice and interpreted by the courts. He also discusses how similar state laws have been applied in other jurisdictions, for the purpose of comparison. And where Colorado law is silent on a subject, the law of other jurisdictions is presented as guidance. As such, this book will serve as a useful case finder for litigators.

It is our hope that Colorado real property attorneys, community association managers, and property managers will turn to Colorado Community Association Law again and again, making it their primary resource for understanding and complying with Colorado law.

Written especially for Colorado attorneys, real property managers, and community association managers, this book will help you:

• Understand the applicability of the CCIOA and its relationship to the Colorado Nonprofit Corporation Act.
• Learn how Colorado courts construe declaration language.
  
• Understand the requirements for proper association and governing board meetings.
  
• Become prepared to deal with attempts to remove or recall directors.
  
• Learn strategies for better rule enforcement and for dealing with troublesome unit owners.
  
• Understand the legal requirements and practical consideration for levying and collecting assessments.
  
• Understand vehicle and parking restrictions and requirements for towing unauthorized vehicles.
  
• Be aware of ethical issues for attorneys representing associations.
  
• Determine whether the association has standing to bring a legal action.
  
• Provide counsel regarding noise problems.
  

Also includes: A searchable CD that contains the text of the book!

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Ch 1: INTRODUCTION
Applicability of CCIOA • Exemptions from CCIOA for Large Planned Communities • Election to Come Under CCIOA • Forms of Common Interest Ownership • Definitions

Ch 2: CREATION OF A COMMON INTEREST COMMUNITY
Required Declaration Contents • Required Declaration Contents for Leasehold Common Interest Communities • Optional Declaration Contents • Prohibited Language • Submission Clause • Plats and Maps • Allocation of Common Element Interests, Votes, Common Expense Liabilities • Amending the Declaration • Extension of the Declaration Term • Judicial Construction

Ch 3: THE DECLARANT
Declarant as Unit Owner • Creating the Common Interest Community • Amending the Declaration • Special Declarant Rights • Marketing Regulations • Declarant Control of Association • Compliance With CCIOA • Tort and Contract Liability

Ch 4: UNITS
Unit Boundaries • Plats and Maps • Allocated Interests • Limited Common Elements • Legal Description • Title and Taxation • Improvements or Alterations • Easements for Encroachments • Restrictions • Insurance • Condemnation • Termination of Common Interest Community

Ch 5: UNIT OWNERS
Rights and Obligations • Association Membership, Meetings, Budgets, and Voting • Information That Must Be Provided to Unit Owners • Damage to Units • Limited Common Elements • Alteration, Relocation of Boundaries, and Subdivision • Property Taxes • Interest in Leasehold Community • Liability • Declaration Amendments • Insurance • Assessments • Eminent Domain • Termination of the Community • Upkeep and Access to Units • Fees and Fines

Ch 6: THE ASSOCIATION
Incorporation • Powers • Exercise of Association Power • Meetings and Voting • Electing the Board of Directors • Bylaws • Litigation and Standing • Property Taxes • Zoning and Local Regulation • Master Associations • Merger or Consolidation • Termination of Association and Dissolution of Corporation

Ch 7: THE ASSOCIATION GOVERNING BOARD, OFFICERS, AND COMMITTEES
Powers of Board of Directors • Selection, Resignation, and Removal of Board Members • The “Appointed” Board • Board Qualifications and Composition • Term of Office • Good Faith and Fiduciary Duty • Conflicts of Interest • Ethical Obligations • Director Liability • Board Meetings • Officers • Committees

Ch 8: THE GOVERNMENTAL FUNCTION OF THE ASSOCIATION
Legislative Functions • Rule Enforcement • Granting Permission for Unit Owner Activities • ADR • Community Safety • Towing Parked Vehicles • Recordkeeping and Privacy • Condemnation and Termination • Troublesome Unit Owners

Ch 9: THE BUSINESS FUNCTION OF THE ASSOCIATION
Managing the Common Property • Assessments • Budget Preparation and Surpluses • Accounting Practices • Reserves • Contracts • Association Attorney • Management Companies • Employees • Insurance • Borrowing Money • Fees • Managing a Rental Program • Corporate Powers • Taxes • Other Business Functions Under CCIOA

Ch 10: NUISANCES AND RESTRICTIONS ON USE, APPEARANCE, AND ALIENATION
Determining Which Document Should Contain a Restriction • Enforcement • Sale of Units • Use and Occupancy Restrictions • Architectural and Environmental Standards • Rental Restrictions • Pet Restrictions • Vehicle and Traffic Restrictions • Religious Uses • Free Speech • Signs • Flags • Tobacco Smoke • Alcoholic Beverages • Energy Consumption • Noise • Nuisance

Ch 11: THE COMMUNITY ASSOCIATION MANAGER
Does the Association Need Professional Management? • CCIOA • The Community Associations Institute • Institute of Real Estate Management • Certification or Licensure • Hiring • Management Contract • Duties • Accounting and Money Management • Ethics • Conflicts of Interest • Unauthorized Practice of Law • Termination and Transition

Ch 12: THE CONDOMINIUM OWNERSHIP ACT
Applicability of CCIOA to Pre-existing Condominiums • Definitions in COA • The Declaration • Bylaws • The Association • Governance • Unit Owners • Restrictions on Use and Alienation • Compliance with COA • Termination

Ch 13: COOPERATIVES
Applicability of CCIOA • Cooperative Housing Corporation Act • Formation: Articles of Incorporation and Corporate Name • Stock • Proprietary Lease • Bylaws • Powers of Cooperative Corporations • Corporate Records • Meetings of Owners: Voting, Proxies, and Quorums • Member Rights, Responsibilities, and Liabilities • Directors and Officers • Liability • Sale of Property • Conversion and Merger • Termination and Dissolution

Ch 14: TIMESHARING
Regulation of Timesharing in Colorado • CCIOA and Timesharing • COA and Timesharing • Colorado Consumer Protection Act and Timesharing • “Subdivision Developers” and Timesharing • Local Regulation • Federal Regulation Governance

Ch 15: CONVERSION TO A COMMON INTEREST COMMUNITY
Conversions and the CCIOA • Colorado Regulation • Regulation by Local Governments • Federal Condominium and Cooperative Protection and Abuse Relief Act

Douglas S. MacGregor, J.D., M.S.W. has written about condominium and community association law for over 25 years and authored or co-authored more than 20 law books and practice manuals, including Florida Condominium Law, Condominium Law in South Carolina, and North Carolina Condominium Law. In addition, he has updated and revised Managing the Florida Condominium and Real Estate Transactions: Home Owner Associations and Planned Developments – Law and Practice Forms. He also co-authored Colorado Causes of Action: Elements, Defenses, Remedies, and Forms published by Bradford Publishing. Mr. MacGregor earned his law degree from the University of Florida, Levin College of Law, in Gainesville, Florida and a Masters in Social Work from the University of South Florida in Tampa, Florida. He currently lives in Gulfport, Florida and spends summers in Vermont.

Format: 7x10" Softcover with CD
Copyright: 2011
Pages: Approx. 992
ISBN: 1-978-1-932779-61-5
Publisher: Bradford Publishing Co.