Legal Question in Real Estate Law in Colorado

Sherwood Forest Improvement Association in Colorado has just placed liens on over 200 properties in a 400 owner subdivision. The lien is for past due amounts of $115 for unpaid membership dues. They stand to make over $20,000 just from the unpaid dues. Not to mention what they have already collected. For several years the standard has been that this is a voluntary HOA. This was a main consideration when I purchased my property. We were never notified of the change. They made the ammount owed for the past two years (only because their records only go back two years). They won'y make their records available unless you are a member in good standing. When this was all going into motion this last year my wife and I were both on deployments, her with the Air Force and me with the Navy. Having a lien may adversly affect our careers. We keep our contact current. They can find us for taxes but made little to no effort for this.


Asked on 3/09/10, 8:14 am

1 Answer from Attorneys
Robert Murillo Pivotal Legal Ltd.

Sorry about the problems. As to this being a voluntary HOA, that is false. Either that property you purchased was under covenants, conditions and restrictions (CCR) or it was not. If there is a CCR then they normally can establish an HOA and they can set assessments, file liens and take legal action to collect on assessments.

The only way to know what is going on is by review of the CCR and other documents. Contact a real estate attorney to assist.

DISCLAIMER�This answer is for informational purposes only and discusses general legal principles, trends, and considerations and is not intended as specific legal advice regarding your question. This answer does not establish an attorney-client relationship.

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Answered on 3/15/10, 5:16 am


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