Understanding HOA & Condo Association Law

What is a Homeowners Association?

A homeowners association (HOA) is comprised of all unit owners in a common-interest community. Under Colorado law, an HOA must be organized as a corporation, nonprofit corporation, corporation not for profit, or a limited liability company. An HOA can manage, market, and sell homes in their residential subdivision. HOA's are incorporated by the property developer before the initial home sale. Read Colorado Revised Statutes (law) on how HOA's are supposed to be managed here.

How HOA's Are Created

The property developer creates an HOA by recording a declaration where the land is located. Oftentimes, the developer maintains heavy control during early HOA organization because they know everything about the community, and has a vested interest in maximizing the property value of the community. Later, the developer forfeits most, if not all control of the HOA after selling a percentage or number of units/lots. At this point, the community of owners assume the roles of HOA managers on an executive board of directors. Read Colorado Revised Statutes (law) on how HOA's are created here.

What It Means To Be a Homeowner

As a homeowner, you are almost always required to become a member of your HOA. This means you will probably contribute through association dues and assessments that ultimately pay for common elements, common areas, property management, landscaping services, and more.

The HOA Bylaws and Rules and Regulations contain information on restrictions for home maintenance, alteration, aesthetics, upkeep, pets, noise, etc. As a homeowner, you have the right to vote on HOA’s affairs; renters must direct issues to their landlords. Delinquent homeowners are can be prohibited to vote on HOA affairs. See Colorado Revised Statutes (law) on general HOA law here.

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