Your Legal Questions Answered
Hello – Our HOA is rural, subdivided 5-acre plots, sparsely populated. Many owners have bought two lots, then legally vacated the lot lines to combine into a larger parcel, which reduced HOA fees. The HOA is now attempting to pass a policy/rule that as of Jan 1, 2022, owners will have to (again) start paying dues on BOTH lots, citing Title 38, CCIOA section 38-33.3-212. They say without an owner paying to amend the plat maps in the declaration, they can do this. Is this legal? What options do you think owners have to fight this? In your experience, is it expensive to make plat amendments to the declaration? Thank you for your help – the board votes to pass this rule (and other egregious policies) on Wednesday, July 28th….
This is an issue that will require research into your specific HOA docs and the process by which the HOA is attempting to change the owner's obligations. It is likely that if done properly the HOA may have the desired power. It is also likely that the HOA has or will make some mistakes that would provide an opportunity for you to object. The ultimate question will be is this a financially viable case for you to bring against your HOA. The best way to get some clear guidance on the best way to proceed is to 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 your HOA, the facts, the process, your concerns, desired results, rights, remedies, the law, the process, timeline, how we can help, costs, etc.
The foregoing information is general information only and should not be relied upon to take, or fail to take, legal action. No attorney-client relationship is formed by this information. __The only manner to obtain complete and adequate legal advice is to consult with an attorney.__
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