Legal Question in Real Estate Law in Colorado
Hoa
When I closed on our house in August of 2006, I signed a document provided by the HOA (Greenknolls in Broomfield Colorado). At that time the GK HOA ran the entire community. In 2007 they decided that they didn't want to be involved in the day to day logistical part and the part where they have to send nasty-grams to the community. So, they hired an outside company (MSI) to do thier dirty work and now we are paying an additional $117.00 a year for a company that provides no benefit to the community other than doing the HOA's paperwork and dirty work. Am I bound to pay both our local HOA as well as the outside company now that our HOA has gotten lazy and doesn't want to be bothered by their own by-laws? It's costing the community $12,000.00 a year to have MSI do GKs HOA Duties.
1 Answer from Attorneys
Re: Hoa
Without review of the CC&Rs and Bylaws it is really impossible to say if the owners have any specific rights or claims.
As a general matter, however, the board of directors normally have authority to contract with a third party property manager to do various tasks such as draft notices, manage collection of HOA fees and other tasks.
You need to speak with a real estate attorney and have them review all governing documents to provide an accurate answer.