Legal Question in Civil Litigation in Colorado

Home Owners Association Rights

When we purchased our home in September 2007 we were told that the HOA dues were voluntary, we have since been told that they are mandatory. Do we have to pay the dues even though we have never signed anything that says we understand that the dues are mandatory? What can the HOA legally do to us?


Asked on 2/18/08, 6:57 pm

1 Answer from Attorneys
Philip Rosmarin Rosmarin Law Firm

Re: Home Owners Association Rights

I'm guessing that if you look in your CC&R's you'll see that HOA dues are indeed mandatory. If you were told by a member of the governing board that they are not, you may have a case in fraud against that member, if you can prove it.

If you do not pay these dues, you open yourself to an eviction proceeding, and your home could be sold to satisfy the debt.

If you can't live with the dues, pay them until you can sell the home and get the hell out of Dodge.

Good luck.

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Answered on 2/19/08, 5:03 pm


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