On January 24, 2008, the Colorado Court of Appeals affirmed an EL Paso County District Court ruling awarding an association all assessments that were unpaid by the lender who became the owner of a unit after a foreclosure. The Court of Appeals also confirmed that the association was entitled to its costs and reasonable attorney fees associated with the unpaid assessments. 

Good case law protecting associations in Colorado is limited, so this case is helpful in:

• Affirming that associations have no obligation to file a notice of lien - lien is perfected by the recording of the declaration pursuant to C.R.S 38-333.3-316.
• Lien priorities are determined by C.R.S. 38-333.3-316, not a declaration.
• A security interest on a unit which has priority over all other security interests in the unit (e.g. a first deed of trust) must be consensual.
• Attorney fees awards aren't discretionary if allowed by statute or under non-discretionary language in a declaration.
• The super lien can never exceed an amount equal to 6 months of assessments, but can be comprised of any "charges" against a unit.
• Be clear when making demands to an owner as to whether you are seeking payment of the super lien or unpaid assessments. 
• Lenders are treated like any other owners in associations.

Click here for a complete copy of the BA Mortgage, LLC v. Quail Creek Condominium Association decision.

 

My comment: In a nutshell the court affirmed the HOA's right to their fees is senior to the lender's first deed of trust.

 

 

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Parker is Looking for a Home Town Hero!

 

The spirit of giving is something easily found during the holiday season, but there are many who continue giving throughout the year.  The Town is accepting nominations for Parker's own Home Town Hero to be this year's Grand Marshall at the Christmas Carriage Parade on Saturday, Dec. 8 at 2 p.m.  A Home Town Hero is an individual who has a penchant for giving back to the community or possibly someone who has overcome a difficult obstacle. 

 

If you know someone who has an ongoing commitment to community or maybe someone who has risked their personal safety to help another, please submit a written statement to Special Event Coordinator Julie Wassell at 20120 E. Mainstreet Parker, CO 80138 or via email at jwassell@parkeronline.org.  Be sure to specify who you would like to nominate and what makes your nominee a Home Town Hero, as well as your contact information.  Nominations will be taken until Nov. 1, 2007.  Our Home Town Hero will be announced and recognized as he or she leads the parade in a horse-drawn carriage on Dec. 8. 

 

If you'd like to enter your horse, riding group or carriage in the parade, please visit the Town Web site at http://www.parkeronline.org/ for an application or call Julie Wassell at 303.805.3253 for an entry form.  Applications will be accepted until Nov. 1, 2007.

The Town of Parker Recreation Department is pleased to announce a partnership with Colorado Intensity Volleyball Club.  This new competitive volleyball club will be housed at the Parker Fieldhouse for its' inaugural season.

 

Tryout Dates for the Junior Girls Program will be held on October 20 and 21 for girls ages 12, 13 and 14.  Tryout times are from 6 to 8 p.m.

 

Tryout dates for Junior Girls ages 15 and 16 will be held November 17 from 3 to 6 p.m., November 19 from 6 to 8 p.m. and November 20 from 6 to 8 p.m.

 

Tryout dates for Junior Girls ages 17 and 18 will be held November 17 from 3 to 6 p.m., November 19 from 8 to 10 p.m. and November 20 from 6 to 8 p.m.

 

There is a $50 tryout fee which includes all dates.  For more information please contact Club Director, Rose del Sol @ 720-635-7202 or visit the Colorado Intensity website http://www.coloradointensityvbc.com/.

Register now for the Oct. 13 Guard/Post Position Basketball Camp at the Parker Fieldhouse.  Learn techniques for improving your play inside and/or outside with an emphasis on post moves and post defense plus guard skill development on both offense and defense.  Besides training fundamentals, players will learn proper decision making tools to help them think the game and play with more efficiency.

 

The Guard/Post Position Basketball Camp is operated by Teach Sports.  A student-athlete based sports academy that offers basketball instruction, events and consulting to athletes, parents and coaches.  Teach Sports was founded by Chuck Rieb, a 20 year trained coaching professional who coached for 15 years at the college level.  Assisting Chuck for the Guard/Post Position Basketball Camp is Ken Shaw, current boys' basketball coach at Regis High School.  Ken posts 510 wins in his 32 years of coaching.

 

This one day camp for youth in grades six to 12 will take place from 9 a.m. to 3 p.m. at the Parker Fieldhouse, 18700 E. Plaza Dr. Parker, CO 80134.  Register online at http://www.parkerrec.com/ or register in person at the Parker Fieldhouse or Parker Recreation Center, 17301 Lincoln Ave. Parker, CO 80134. 

On Oct. 4 at around 3 p.m., Parker Police responded to the report of a purse snatching in front of the Baskin Robbins located at Mainstreet and Parker Road. The suspect in the incident is a juvenile male about 16 years of age, wearing black shorts and black shirt. He was last seen in a black car heading east. If you have information on this or any similar crimes in the area please call the Police Department at 303.841.9800.

Parker's most Spooktacular annual event, Halloween with Horses, is made possible through the assistance of many fun-spirited, horse loving and kid-oriented volunteers.  Halloween with Horses organizers are still looking for friendly faces to help with event setup, the horse costume contest, pumpkin patch, trick-or-treat barn, hay rides, logistics and cleanup. It helps to have equestrian experience for some of these duties, but most responsibilities simply ask that you have a big smile and a willing attitude. High school students may earn community service hours. Volunteer shifts are available on Friday, Oct. 19 and Saturday, Oct. 20. Please contact Krista Carrothers at krista@cohorsepark.com or by phone at 303.841.5550 ext. 114 if you would like to volunteer for this event.

 

Halloween with Horses is ideal for families and horse lovers alike. A safe trick-or-treat barn, pony and horse rides, Stable of Terror, straw maze, pumpkin patch, face painting, petting zoo, crafters' fair and horse entertainment are just a few of the ways little ghosts and goblins can have fun. The highlight of the event is the horse costume contest-you have to see it to believe it! Halloween with Horses is one of Parker's largest annual events, with roughly 10,000 people attending last year. The Colorado Horse Park works with the Town of Parker, the Parker Library, the Parker Arts Council and hundreds of volunteers to make this event a success.

 

Halloween with Horses runs from 10 a.m. to 6 p.m. on Saturday, Oct. 20 at the Colorado Horse Park, 7522 S. Pinery Drive. Visit http://www.coloradohorsepark.org/ or http://www.halloweenwithhorses.org/ for more information or call 303.841.5550. 

Goblins, ghouls and witches, strap on your skates for the inaugural Halloween Spook Skate at the Parker Fieldhouse. The Fieldhouse will get in the Halloween spirit Saturday, Oct. 27 from 6 to 10 p.m.

 

The Fieldhouse hosts a Saturday Night Skate every week where hockey moves aside for teens and families who want to don roller or inline skates and boogie down to tunes. Coming soon, the Fieldhouse plans to install a disco ball and other lighting to get skaters in the mood to rock and roll!

 

Your Halloween Spook Skate DJ will keep the playlist appropriately ghastly, with spooky tunes (but not too spooky before 8 p.m. because of our littlest guests). Classic skating rink games and songs such as the limbo, shoot the duck, Hokey Pokey, Chicken Dance and races may bring a flood of memories back for Mom and Dad! Please bring your own inline or roller skates. For safety reasons, we cannot allow skateboards at open skate.

 

In addition to open skate in the inline venue, Halloween Spook Skate will offer other Halloween activities for families and kids. There will be a costume contest in three age categories: Six and under, seven to ten, and 11 to 18. The Fieldhouse's team rooms will transform into "Scream Rooms" for older guests and Trick or Treat stations for the little ones. Kids can also make Halloween crafts and everyone will be eligible for raffle drawings.

 

Halloween Skate Night is for the whole family. Please remember that kids under 10 must be accompanied by an adult while at the Fieldhouse. Older children may attend without a parent, but please be advised that this is not a lock in event. Admission is $5 for anyone over three years old. Pre-registration is not required. Your admission fee also gives you access to any other Fieldhouse venue not programmed that evening.

Online registration is now open for fall recreation classes and activities. Parker Recreation offers a wide variety of arts and crafts, aquatics, general interest, parent-child and preschool-age classes, plus community events and sports for both youth and adults.

 

To register, go to http://www.parkerrec.com/ and click on the online registration icon. Sign in to an existing account or create a new account for your household, and begin shopping for classes! If you need assistance with online registration, please call 303.841.4500. Registration kiosks are located at the Recreation Center and Parker Fieldhouse, and a guest services representative will be happy to walk you through the process.

 

Parker area residents are reminded to check their mailboxes the week of Aug. 13 for the Fall 2007 issue of the Parker Recreation Brochure, which lists upcoming classes and leagues and provides information about facilities and services.

Back by popular demand!  Parker's 2005 original Brick's to Art program is being resurrected due to overwhelming support by Parker residents.  The personalized bricks sold in the Bricks to Art Program are located in the plaza of O'Brien Park and surround the gazebo.

 

For as little as $60, you can permanently engrave your name or the name of a loved one in a brick on the O'Brien Park plaza.  Bricks are a great way to honor birthdays and accomplishments, memorialize a loved one, celebrate a holiday like Mother's or Father's Day, highlight your business, show your family's support for the community or even propose to your future spouse! Bricks come in several sizes, including 4" x 8," 8" x 8," or 12" x 12." 

 

All brick orders will be acknowledged with a certificate noting your support of the project and the inscription on your brick. You may also order a replica of your brick for personal display. Gift certificates are a great way to let a loved one select his or her own brick text. Please consult with your financial advisor regarding tax deductibility.

 

Brick order forms were included with the August Talk of the Town newsletter and are also available at Town Hall, 20120 E. Mainstreet, or online at http://www.parkerpresents.org/.  The deadline for all orders is Sept. 30.  You may also request a form or more information by calling project coordinator Kelly Kuper at 303.805.3263.

 

Stop down to O'Brien Park on Sunday, Aug. 5 for the big jazz band sound of the Denver Municipal Band.  The DMB was founded in the late 1860s by Alex Sutherland, bugler at the "Charge of The Light Brigade." Surviving the ordeal, he settled in Denver where he was active in many of the city's early musical activities. 

 

The staple of DMB activity remains the "century plus" tradition of summer concerts. Presented in accessible parks settings, these family gatherings are entertained by the areas leading professional players, including many principal players of the Colorado Symphony Orchestra. In addition to the full 40-piece concert band, the DMB family of ensembles includes a 17-piece jazz band, jazz combo, brass band, plus woodwind and brass quintets. These regularly present concerts in schools and community centers.

 

The 17-piece Jazz Band will be appearing at a free show on Sunday, Aug. 5 as part of the Parker Cultural Commission's Concerts in the Park series held at the O'Brien Park Gazebo from 1-3 p.m.  Once again, free ice cream will be provided by the Parker Sanitation and Water District.

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