How can I obtain HOA articles/bylaws from HOA. I have requested these items through certified mail and have not received the documents. I also need a register of my paid Dues and also requested these documents through registered mail. Haven't received any response.
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Thank you for the question. I’m sorry to hear you’re dealing with an unresponsive HOA. Unfortunately, what you’re going through is quite common in Colorado despite the law. The good news is, you took the right step by submitting your request in writing via certified mail.
Under the Colorado Common Interest Ownership Act (CCIOA), you have a clear statutory right to inspect and copy both your homeowners association’s (HOA) governing documents and its financial transaction records. The association cannot place conditions on providing you with these records based on your giving them a “proper purpose” for requesting them.
"If the association fails to allow inspection or copying of records in accordance with this section within thirty calendar days after receipt of a written request submitted by certified mail, return receipt requested, and payment of any fees required pursuant to subsection (4) of this section, the association is liable for penalties in the amount of fifty dollars per day, commencing on the eleventh business day after the association received the written request, up to a maximum of five hundred dollars or the unit owner’s actual damages sustained as a result of the refusal, whichever is greater.” C.R.S. 38-33.3-317 (4.5)
Based on your question, you may be able to resolve this by sending a formal letter demanding compliance under Colorado Revised Statutes 38-33.3-317. If they still refuse to comply, you may initiate a civil action to compel them to produce the documents and recover the statutory penalties I noted above, along with your attorney fees and associated costs. I hope this helps. If you’d like to schedule a consultation with one of our real estate attorneys who regularly handles HOA disputes, feel free to call the office at 303-688-0944 or book your consultation online.