by Ken Robinson
Homeowner associations are non-profit corporations charged with operating and maintaining “common interest communities.” Such communities are governed by the Colorado Common Interest Ownership Act, general known as “CCIOA.” Communities subject to the act include residential or commercial condominium developments; townhome or patio home communities; and single family home subdivisions. Common interest communities are created by developers with the consent of governing governmental subdivision, typically incorporated towns and cities, or counties. In some forms of development, in particular condominiums, associations own real property such as common areas and easements.
Like other corporations, homeowners’ associations operate through a board of directors. The board is charged with managing such activities as the collection of fees and assessments, maintenance of common areas, and many other responsibilities that are similar to operating any business. All community property owners are members of an association. Their rights and responsibilities are created by a document known as a “declaration.”
With such complexity in relationships between and among property owners, associations, developers, governments, and neighboring property owners, disputes will often arise. The scope of such disputes is broad ranging: payment of membership fees; construction defect claims against a developer; architectural and design requirements for owners and builders; or property access and easement issues with neighboring properties. These disputes can escalate to litigation if the stakes are large and the rights and obligations strongly contested. Such litigation can be complex, involving many aspects of the law.
If we can assist with any matters concerning homeowners’ association disputes, please contact Ken Robinson or anyone on the HBC Construction Team.