Legal Question in Real Estate Law in Colorado

Re: Land owner association dues.

Landowners / homeowners association dues typically arise through covenants imposed on land by the original developer. Developers often file in the county records a declaration of covenants for land to be subdivided, developed and sold to various owners. These covenants often restrict the uses of land, provide architectural restrictions, and often create a landowners association charged with enforcing covenants and architectural restrictions for the subdivision. These covenants provide important protections for property owners after the original developer moves on. Associations are also charged with responsibilities for maintenance, snow removal, etc. All of these responsibilities involve expenses, such as legal fees and labor and materials expenses. Without association fees, associations cannot complete their duties. Thus, covenants often provide a requirement that all landowners who buy lots in the subdivision must pay homeowners association fees as they are assessed. A buyer who purchases a lot in the subdivision is charged with constructive notice of this requirement (because it is recorded in the county records for the world to see) and purchases subject to it. Often, covenants provide serious consequences for failure to pay association dues.

You may have purchased your property subject to such a set of covenants. You should carefully review your covenants to find out. If you did not get a copy at closing, call your real estate agent, title company or any attorney.

Landowner's associations can be disbanded. E-mail me for more information. (Response is limited to 3000 characters)

Be careful not to put yourself in a situation where you are in violation of the covenants for failing to pay required dues. The consequences can be serious.

Although you may feel that you have already learned more about the issue than you care to know, I strongly suggest that you consult with legal counsel. It is important that you provide all of the facts and documents at issue to an attorney and that you not rely on any ad hoc advice such as this response to your inquiry. Please feel free to call (307) 632-0132 or e-mail me if you have any further questions.