Legal Question in Real Estate Law in Colorado

Defunct Property Owners Association

My father bought a lot and built a summer house in Colorado in 1955. The developer was also a dude ranch and the Abstract states the developer/dude ranch was supposed to include membership in a Cabin Owners assn. There were meetings for about 10 years and it faded from lack of interest. Although the Assn. paperwork was supposed to be filed somewhere, no one can find it. The present owners are selling and have imposed annual fees for non-rentors and act as rental agent for the 1 or 2 owners who rent. They also want a $25/day fee for non-family guests and a total ban on subletting. There is no written agreement. With no written agreement and with no access built into the deed, where are we, as property owners, legally? Also, there is a single water well with lines to all of the houses. This is provided by the Dud Ranch.


Asked on 9/11/06, 2:45 pm

1 Answer from Attorneys
Richard Gee

Re: Defunct Property Owners Association

Presumably, the property was sold to your father subject to certain covenants, conditions and restrictions ("CC&R's") which had been recorded with the local county recorder prior to the transfer of the deed to your father. Those CC&R's would provide the conditions for your father's land, and may include a mechanism for maintaining the Cabin Owners Assn. I am unclear when you say that the "present owners" are selling and want to charge a fee. Did your father purchase land or a right to use the land? If the latter, then the owner of the property may be within its rights to require fees and condition subletting. Really depends on the paperwork. We'd be happy to assist you, but will need more information.

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Answered on 9/11/06, 3:04 pm


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