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What rights do homeowner’s associations have in CO?

Whether you are a homeowner or a member of a homeowner’s association in Colorado, knowing the rules and regulations is integral for you to avoid costly and often damaging litigation. Failure to do so can incur a number of fines and penalties, and may even prevent you from being able to participate in associations in the future.

According to HOA-USA.com, there are certain state laws that dictate the rights afforded to a homeowner’s association. For instance, all HOAs in the state must be registered with the Colorado Division of Real Estate in order to be considered valid. Additionally, the Colorado legislature stipulates that you must submit to a licensing program if you hold a management position within a common interest community. Many neighborhoods include shared recreation areas, which are governed by common interest community laws such as the Colorado Common Interest Ownership Act. Nonprofit laws are also applicable to homeowner’s associations, such as the Colorado Nonprofit Act.

There are other types of rules that can apply to HOAs. Water usage may be regulated, and if you are a homeowner you’re expected to comply with any restrictions to avoid reprisals. The physical structure of homes within a housing plan must adhere to local building codes to ensure structures remain safe and functional for you and your family, as well as other families in the area.

In order to form an HOA, you must first file with Secretary of State in order to establish legal standing. This includes providing the association’s Articles of Incorporation, in addition to creating bylaws that govern administrative issues. It’s also recommended that you stay abreast of any federal laws that may apply, such as the Fair Housing Act, which states that one cannot be prevented from purchasing a home due to reasons deemed discriminatory.  

 

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