Legal Question in Real Estate Law in Colorado

Homeowners Asscociation Issues

I'm currently fighting with my home owners association. My homeowners association is supposed to be paid by my loan escrow account. It wasn't last year. They sent me no notification other then supposedly a certified letter that I never received nor signed for that they where adding a lien against my property. I received my first letter from them March 28th stating that I owed this year plus last years dues plus a $50 dollar late fee and $179 lien charge and a $5 dollar certified letter charge.

I refused to pay them and was advised by my account that pays the bills for this property as I travel 90% of the year that what they did was illegal. So i sent them the dues for 2007 and 2008 and the $50 late fee but I refused to pay the lien and the certified letter which I never received. I told them that I wanted the lien removed immediately, and they sent it to their lawyer who is now trying to tack on lawyer fees for a letter saying I owe $744. However they already cashed the $482. That they claimed they were returning to me. What are my legal options? Is there a way to disband myself from the association entirely?

Should I try to fight this or is it just going to cost me more money to hire a attorney then the extra now $268?


Asked on 4/23/08, 4:28 pm

1 Answer from Attorneys
Robert Murillo Pivotal Legal Ltd.

Re: Homeowners Association Issues

Sorry about the problems but the obligation of payment of HOA dues is the responsibility of the owner. If last years HOA was to be paid out of a loan escrow, you should find out why that did not occur and that would normally be the responsibility of the escrow/closing agent, which is often the title company.

If you want legal advice, it will cost well above the amount at issue. If it is a matter of principle, then go ahead.

You cannot "disband" from the HOA. It is an obligation of all owners and is a covenant running with the land. If you don't want to follow the rules, either determine a legal basis to do so (of which there are only a few) or sell the home related to the HOA.

Sorry, but as a matter of law, HOA's have quite a bit of authority and legal means to enforce their covenants and for dues. To even determine if you have some options will require research and review by an attorney which will not be cheap. Good luck.

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Answered on 4/23/08, 5:29 pm


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