The information provided is for general information and does not form an attorney-client relationship. See our .
Under CCIOA, specifically C.R.S. § 38-33.3-307, HOA boards are "responsible for maintenance, repair, and replacement of the common elements" and to comply with governing documents. If these duties are breached, homeowners have legal grounds to seek remedies. Unfortunately, reimbursement of dues is not normally one of them.
The pool and skylights are typically common elements that the HOA is responsible for maintaining. So, even though reimbursement of dues may not be available, you could compel the Board to fix them.
The first step is to review the government documents, which includes the the declaration, bylaws, and rules and regulations. These documents typically outline the board’s responsibilities and the process for addressing grievances.
Next, collect detailed documentation of the issues, including photos of the damaged skylights and the non-functional pool, as well as records of communication with the HOA board about these problems.
I would then formally request a meeting with the HOA board to discuss the issues and send a formal demand letter to the HOA board, outlining the issues and referencing CCIOA requirements and the governing documents. In your letter, demand that the board takes immediate action to repair the damages and restore services. Highlight that failures and provide your proof.
If the board does not respond adequately, you can file a lawsuit to compel compliance. If many homeowners are dissatisfied you could group together in the lawsuit and seek relief.
Finally, homeowners can always organize to elect new board members who are committed to addressing the common-element problems. Under C.R.S. § 38-33.3-303(10), homeowners can call a special meeting and vote to remove and replace board members. For more information review our article on homeowner's rights in an HOA.
Also, you can contact one of our HOA attorneys to for a case assessment to discuss your options. Call us at (303) 688-0944 or go to our contact page for more contact options.
As always, I strongly recommend consulting with an attorney before making any decisions or taking any actions concerning your legal rights and remedies.
