HOA Disputes in Colorado
Being a member of a homeowners' association in Colorado can be a blessing or a curse. Many of us have heard stories about HOAs with unduly harsh rules, regulations, and enforcement practices. On the other hand, many of those rules and regulations exist to help maintain the value of the community's homes and keep it an attractive place to live.
For all the benefits they provide, HOAs are frequently involved in intense disputes with the homeowners they represent. Some of the most common issues at the center of HOA disputes include:
- HOA liens;
- Foreclosure actions against homeowners who fail to make HOA dues payments;
- Questions of who pays when HOA common property is damaged;
- Questions about the HOA board's use of member funds;
- Issues arising when a management company hired by the HOA board fails to take proper care of the HOA common areas or is too aggressive in attempting to collect dues, assessments, or fines from members;
- Objections to increases in HOA association fees, including questions about the adequacy of HOA reserve funds;
- Allegations that the HOA board breached its fiduciary duty by failing to act in the best interests of the association or its members.
Colorado's recently revised “Common Interest Ownership Act” (CCIOA) seeks to protect HOA members by placing limits on some of the more common HOA excesses by introducing new requirements for the collection of late payments for assessments, fines, or fees, and restricting the ability of HOAs to foreclose on members who fail to pay fines.
The revisions to Colorado's HOA laws won't make disputes go away entirely, of course.
Whether you're a member of a homeowner's association and have questions about a dispute with your HOA or you're part of an HOA board that needs legal advice, we can provide you with experienced, effective guidance and representation. While one of our main goals in any situation where there is a dispute is to try to resolve the matter without going to court, we are experienced litigators who aggressively and effectively represent our clients in a wide range of legal proceedings. To learn more about our HOA-related work, call us at 720-441-3328 or fill out a request form to request a free and confidential consultation.