The Colorado Lawyer Publishes Article on Developer-Appointed HOA Board Member Responsibilities
Burg Simpson lawyers Ron Sandgrund and Joseph F. (“Trip”) Nistico have co-authored, along with HOA counsel Jerry Orten, a 3-part article looking at the heavy responsibilities that fall on the shoulders of persons appointed by developers to serve on an HOA board. Because the developer’s profit-seeking motives can often conflict with the best interests of the HOA and its unit owners, the article takes a close look at the many kinds of conflicts that may arise, including how to address construction defects. The article discusses the best practices these board members should employ to discharge their duties properly and remedies available to HOAs and unit owners if the board members fail to protect their interests — practices that should be used even if the developer-appointed board members are also employees of the developer. The three-part article appears in the June, July, and August-September issues of the Colorado bar journal, The Colorado Lawyer.
Ron Sandgrund and Joseph Nistico are attorneys with Burg Simpson’s Construction Defect department:
Ron Sandgrund is a well-known trial lawyer and Colorado’s most prolific author of articles and books on Colorado construction and materials defect law and related insurance coverage issues. Mr. Sandgrund has extensive experience litigating construction defects, construction materials, product liability, multi-family community, class action, and insurance lawsuits, and he has argued many cases before the Colorado Court of Appeals, Colorado Supreme Court, and U.S. Tenth Circuit Court of Appeals. Mr. Sandgrund has received the Best Lawyers in America© designation, including Best Lawyers© “Lawyer of the Year – Construction Litigation – Denver,” for 2013 and 2019. Mr. Sandgrund files friend-of-the-court (amicus) briefs expressing homeowner-advocacy groups’ views, and federal and state court opinions have referred to his writings many times.
Joseph F. “Trip” Nistico’s practice focuses on construction-defect litigation. Originally from Texas, Mr. Nistico obtained his undergraduate degree from Texas Christian University in 2012 and graduated from the University of Colorado Law School in 2016. In law school, Mr. Nistico was a member of the Colorado Technology Law Journal, the Samuelson-Glushko Technology Law & Policy Clinic, the Hatfield Scholars Program, and the Silicon Flatirons DC Summer Program. Mr. Nistico was admitted to practice in the State of Colorado in 2016. For 2021, Best Lawyers of America recognized Mr. Nistico as a “One to Watch”, a prestigious award that is given to up-and-coming young attorneys.