In Colorado, as in most legal jurisdictions, the burden of proof in a dispute typically lies with the plaintiff. This means that in an HOA dispute, the individual or party bringing the action (the plaintiff) must prove their case and allegations against the defendant. The plaintiff is responsible for providing evidence that substantiates their clai...
Read moreAddressing the challenge of preventing the automatic renewal of your HOA's Declaration of Covenants and Restrictions requires a well-thought-out strategy, given the complexities involved. Typically, these declarations detail the process for halting auto-renewal, which often includes securing a hefty majority vote from the community—sometimes as hig...
Read moreWe have handled similar noise issues with HOAs in the past. Although challenging, it is possible to come to a resolution of the matter. The first step is thoroughly reviewing the condominium's declaration, bylaws, and the rules and regulations of the HOA. These documents often outline the responsibilities of the HOA regarding maintenance and rep...
Read moreChallenging such payments generally depends on the legal basis of the HOAs' authority and the specific agreements or covenants binding the property. To determine the answer you'll need to review the property's deed and any covenants, conditions, and restrictions (CC&Rs) associated with both HOAs. These documents typically outline the obligations of...
Read moreUnder Colorado law, "[e]ach unit owner is liable for assessments made against such owner’s unit during the period of ownership of such unit."
Read moreDissolving a self-run HOA for an 8-unit community is generally a complex process that involves multiple steps and legal considerations. The first thing to do is to consult the governing documents of the HOA, such as the bylaws and the Covenants, Conditions, and Restrictions (CC&Rs). These documents will outline the specific procedures and requireme...
Read moreI would not be concerned with disclosing the communities financial documents to the management company. The financial and governing documents are public documents available to the whole community, and any management company considering taking on the responsibilities of managing the HOA would likely need this information to understand the community'...
Read moreThe practice of charging transfer fees can be controversial, and the specific situation you've described does raise some questions. However, based on the information you've provided, it is important to note a few things:
Read moreIt sounds like you're dealing with a tough situation. Although you are a board member, your rights as a property owner are not diminished. Typically, responsibility for property maintenance and the damage to your property depends on the specific terms of your homeowners' association agreement, HOA statues, and the situation at hand. Without revi...
Read moreWe represent homeowner against overbearing HOAs.
We can help you.
You can schedule a case assessment 24/7 by calling 303-688-0944 or online at https://calendly.com/case-assessment/case-assessment. At your appointment, we'll meet by phone or video (Zoom), we'll discuss the facts, your HOA docs, concerns, desired results, rights, remedies, the l...
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