Q&A: What do I do if my HOA takes advantage of me? Colorado Real Estate Attorney Boyd Rolfson Answers

What do I do if my HOA takes advantage of me?

One of the most frequent cases that we get are homeowners who come to our office and are having a conflict with their homeowners’ association or vice versa. Someone who serves on a homeowner’s association is having a problem with the homeowner. Just some background; homeowners associations are all governed by statute and by their own set of governing documents, are what they’re called. That includes a declaration bylaws and various sets of governing documents that lay out the rules and regulations that the homeowners association has to abide by. It lays out their processes their procedures. The amounts that they can assess, or make homeowners pay dues, it outlines the fines that they cand fine homeowners if they violate some rule or regulation that the homeowners association have.

Now, if the homeowner feels like they are being picked on or discriminated against by a homeowner’s association, there are several things that a homeowner can do. First of all is to understand the governing documents, the statutes and what power homeowners association truly has. That’s something that we can help them do. We can review documents, we we know the statutes that apply and govern those homeowners associations. So we can help a homeowner understand whether their association is operating within those documents or not. Homeowners associations have an obligation to treat all their homeowners fairly, to enforce their covenants throughout the whole homeowners association and to do so in an unambiguous manner. So if that’s happening, a homeowner has several, ways that they can go about contesting. They can, probably the most powerful way, is just the knowledge that homeowners association is basically made up of a group of homeowners. So if you’re a homeowner having an issue with your homeowner’s association, there’s likely other homeowners who are having the same issues. And basically, it is the power of the masses.

If there’s multiple homeowners, if you could get involved, and speak to other homeowners, and together form a unified front to really talk or work through the misunderstandings that the issues that you’re having with your homeowner’s association, well you have that power as a homeowner. You have voting power. You can vote in board members or different covenants or amendments. So you have the power as a homeowner in the political due process to fight your homeowner’s association. There’s also the ability to attend homeowners meetings. Many homeowners don’t attend. Don’t take the time to understand what’s going on within their homeowners’ association. They don’t attend the meetings, but they can. That gives them a chance to speak with board members, to talk about their issues, to try and resolve them.

Ultimately, if the issues can’t be resolved through those methods, then they may have to go to court to have a judge or a jury decide and help them resolve the issues with their homeowner’s association. That’s where we can come in to help them navigate that procedure.

Call us today at 303-688-0944 to schedule your free consultation with one of Robinson & Henry’s Real Estate Attorneys.

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