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Frie, Arndt & Danborn Blog

Community Association / HOA Law

HOA Must Allow Emotional Support Animal

by Paul Danborn

A condominium HOA with a no-pet rule was found liable for violating the Fair Housing Act after refusing to allow an owner suffering from depression and anxiety to keep his dog.  The owner provided a letter from his psychiatrist documenting his disability and need for the dog, but the HOA refused to negotiate or provide […]



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Alternative Dispute Resolution (ADR) #3 – Choosing a neutral party

by Frie, Arndt & Danborn

Selecting a third-party neutral or provider of ADR services is like choosing any other professional. The person(s) must meet the requirements of the case and of the parties. At a minimum, the neutral cannot favor any of the parties. Furthermore, the neutral must be impartial and may not have a “stake in the outcome of […]



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Value of Written Agreements

Alternative Dispute Resolution (ADR)

by Frie, Arndt & Danborn

Access to ADR Techniques The use of ADR techniques may be initiated by the parties or ordered by the Court. Court-ordered ADR is available in both state and federal courts. The Dispute Resolution Act, C.R.S. §13-22-301 et seq., establishes the Office of Dispute Resolution and grants authority to Colorado courts of record to refer a […]



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Alternative Dispute Resolution

by Frie, Arndt & Danborn

“The term Alternative Dispute Resolution (ADR) is an umbrella phrase used to describe problem-solving methods or techniques. Many of these techniques have been used throughout history, but have recently become institutionalized in response to the need for efficient and cost-effective dispute settlement. The United States’ legal system was created as an alternative to violent, self-help […]



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HOA Covenants Restricting Rentals

by Paul Danborn

Single-family Use Restriction Prohibits Short-term Rentals; Covenants That Allow “Amendments” Do Permit Adoption of an Entirely New Covenant: In June 2015 an Idaho court ruled in favor of an HOA enforcing a covenant restricting short-term rentals (less than six months). The townhouse association pursued an action against a homeowner for short-term rentals of his unit […]



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Homeowners Associations – Community Property Managers

by Paul Danborn

Community property managers must be licensed by July 1, 2015 and must pass an exam to become licensed. Recent news reports stated the pass rate for that exam is only about 75%. On the one hand, those numbers seem to reflect a general lack of knowledge among a quarter of those people seeking to manage […]



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Issues with Neighbors

by Paul Danborn

  Are you having ongoing problems with your neighbor(s)? The City of Arvada’s police department offers a neighborhood dispute resolution process very similar to mediation that may help defuse tensions, and other cities may have similar programs. If your neighbor refuses to participate, there are still several things you can do to protect yourself from […]



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Community Association Manager Rules Adopted

by Paul Danborn

Yesterday, after months of delay, Colorado’s Department of Regulatory Agencies (DORA) finally adopted Rules regarding the licensing of HOA property managers. The Rules will take effect July 1, 2015 and implement the Community Association Managers Practice Act (which became law in May 2013). The Rules require persons engaged in two or more of several activities […]



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