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Amending and Enforcing Community Association Covenants – Update

How Words Like “Change” or “Modify” Matter If your Association’s covenants have the words “add” or “change” to them, the Association can most likely make a change or addition to its original covenants that are recorded against the property if the proper voting procedures in the covenants are followed. See my previous article. But what … Continue Reading

Massive Changes Coming to Colorado Homeowner Association Law

Co-Author: Jesse Howard Witt The 2022 legislative session brought sweeping changes to the Colorado Common Interest Ownership Act (“CCIOA”), the act that governs most homeowners associations in Colorado. In response to reports of a handful of associations aggressively enforcing fines against homeowners—particularly against lower income owners and families of color—the state’s general assembly added new … Continue Reading

HOA Liens Are Not Spurious

HOA liens are not spurious, even if annexation is disputed The Colorado Court of Appeals has ruled that a homeowner association lien is not spurious, despite a property owner’s claim that its land was never annexed properly. The case involved a long-running dispute between parties in the Stroh Ranch community in Parker, Colorado. In 1999, … Continue Reading

HOA’s Late Registration

Many Homeowner Associations (“HOA’s”) don’t realize that their deadline to register with the Colorado Division of Real Estate without incurring any penalties was back in March of 2011. Pre-CCIOA communities created prior to July 1, 1992 do not need to register but it is recommended that they still do so. The cost is only $8.95 … Continue Reading

Amending & Enforcing Community Association Covenants

Co-Author:  Jonathan A. Goodman, Esq. Obstacles in Amending and Enforcing Community Association Covenants: What your Association’s Documents Don’t Say May Hurt You. The Colorado Court of Appeals recently held that an association’s original covenants allowing for changes or modifications could not be amended to add a covenant that required homeowners to start paying dues for … Continue Reading

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