The information provided is for general information and does not form an attorney-client relationship. See our .
In Colorado, homeowners' associations (HOAs) have the authority to modify and amend their governing documents, including restrictions on the number of pets allowed. According to Colorado law, specifically C.R.S. § 38-33.3-217, any amendment that changes the uses to which any unit is restricted requires a vote or agreement of unit owners holding at least sixty-seven percent of the votes in the association. Different rules may apply if your HOA was formed before 1992.
The case of Tomkins v. Aspenhof supports the HOA's ability to make substantive amendments, including those that eliminate previously permitted uses, as long as the amendments follow the proper procedures outlined in the governing documents. Tomkins v. Aspenhof Condo. Ass'n, 2021 Colo. Dist. LEXIS 844 ("a substantive amendment to a declaration eliminating a previously permitted use is allowed")
In your situation, where the HOA is changing the maximum number of allowed pets to two, and you currently have three, you have several rights and potential options:
Grandfathering: Many HOAs provide a grandfathering clause for existing homeowners who exceed the new pet limit. This means you may be allowed to keep your three pets, even though the new rules restrict future residents to two pets. Check your HOA's specific governing documents or speak with the HOA board to confirm if a grandfathering provision applies.
Compliance with Governing Documents: Ensure that the amendment process follows the procedures outlined in your HOA's governing documents. This includes verifying that the required vote threshold (typically sixty-seven percent) has been met.
Attend HOA Meetings: Attend the HOA meetings where the amendment will be discussed and voted on. This allows you to voice your concerns, understand the board's rationale, and participate in the decision-making process.
I would recommend speaking with an attorney for legal advice on your matter. Without knowing the unique facts of your case, reviewing the governing document, and understanding the amendment I can only provide general information.
