Legal Question in Real Estate Law in Colorado

Home Owner Associations

Aren't there any laws in Colorado governing Home Owner Associations, the Board of Directors, and managers that are not licensed by the Real Estate Commission? Are there any regulatory agencies. My son purchased a condo. The management company did not disclose the special assessments. Special Assessments are planned for the next five years and have been since before the purchase. Title company is not liable because the special assessments were not disclosed to them by the management company or recorded in the county. Assessments are voted only yearly but only by the Board of Directors, not the homeowners. Can homeowners fire the board of directors and the management company? I hear horror stories everyday about someone's HOA, yet I find nothing when searching for information about them.


Asked on 8/25/00, 11:09 pm

2 Answers from Attorneys
Peter W. Thomas, Esq. PETER WILLIAM THOMAS, PLLC

Re: Home Owner Associations

Yes. HOA's are governed by the CCIOA, or Colorado Common Interest Ownership Act, which became effective in approx June of 1998. The HOA also is governed specifically by its organic documents including the Declaration and Bylaws. There also is ample case law relevant to the issue of due diligence and the obligation to engage in full, fair and good faith disclosures.

We are busy and probably not able to take on another client matter at this time; I would, however, be more than happy to chat with you on the phone and, if unable to assist you ourselves, I certainly can refer you to several other excellent firms and attorneys.

Very truly, Peter W. Thomas, Jr., Esq.

Petersen, Thomas & Slade, PLLC

600 Seventeenth Street

Suite 950 South Tower

Denver, Colorado 80202

(303) 260-6424

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Answered on 10/06/00, 12:09 am
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Home Owner Associations

You are faced with the most serious downside of common land/building ownership. The decisions are made by the Board, and you are stuck with them. The Association is legal; the Board is legal; the assessments are legal, and your remedy if you can't accommodate the decisions is to move.

The Board doesn't even have to be objectively reasonable in the decisions its makes, only not vindictive.

The members of the HOA usually elect Board members at the annual meeting to sit for staggered terms. Getting on the Board yourself could be helpful; otherwise you are stuck with the rules of the place you moved to.

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Answered on 10/02/00, 8:14 am


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