Legal Question in Real Estate Law in Colorado
Property Lien
I paid my HOA dues as outlined in
the most recent covenants filed with
the county. (1)The HOA raised the
dues, without following the rules of
the covenants. (2) The HOA filed a
lien on property without notifying me
which goes against Colorado law. (3)
They send bills with interest that also
violate the covenants. (4) I've had
former HOA board members tell me
the increase in fees is voluntary, not
required. I've tried to contact and
have conversations with the HOA,
but they ignore me. What legal
process do I have to follow to have a
judge remove the lien with the
evidence I have to present? I'm also
concerned the rest of the
neighborhood is getting scamed as
they think the dues are required.
1 Answer from Attorneys
Re: Property Lien
As to what rights you have will depend on the terms of the covenants, the bylaws, the rules and regulations and the year that your association was established. Most associations that were established as of 1992 fall under the full rules of the CCIOA.
If the association is pre-1992, then it may not fall under the CCIOA unless it elected coverage.
In short, without review of all governing documents and more information about this specific association it is impossible to provide you your specific rights. Contact an attorney for a review. This would be particularly the case if you think multiple homeowners are being treated counter to the documents and Colorado law.
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