The information provided is for general information and does not form an attorney-client relationship. See our .
Under the Colorado Common Interest Ownership Act (CCIOA), homeowners have specific rights to demand and access documents from their Homeowners Association (HOA). Homeowners can request documents by submitting a written request that describes the records sought with reasonable particularity. The HOA is required to make these records available for inspection and copying within a specified timeframe, typically fourteen days, unless a different period is stipulated by the association's rules. Conley v. Capitol Hill HOA Mgmt. Co., LLC, 2017 Colo. Dist. LEXIS 1195. Check your association documents for particulars.
Unfortunately, while you have the right to inspect HOA documents, there is no right to compel the HOA to respond to questions about a violation without filing a lawsuit. In the context of a lawsuit, you would have the right to submit interrogatories and take depositions to obtain the information.
The HOA cannot, however, impose fines on an owner before the owner has officially taken title to the property:
"Each unit owner is liable for assessments made against such owner’s unit during the period of ownership of such unit." C.R.S. § 38-33.3-315
Thus, the buyer of a property is generally not responsible for fines levied by the HOA against the seller before the title transfer. The responsibility for such fines typically remains with the seller, unless the buyer expressly agrees to assume them as part of the purchase agreement.
Here, the timing of the fine is necessary to determine responsibility, assess the legality of the fine, and verify whether the HOA adhered to its governing documents. If the fines were issued before you took ownership, they should generally be the seller's responsibility. Verify the exact dates of the fines and the title transfer.
If you would like to talk to one of our attorneys to learn your options and how to handle the HOA please call us at (303) 688-0944 and ask for a consultation with partner Boyd Rolfson who has significant experience with HOA matters. He could probably give you the direction you need in a 30 minute consultation.
For more information, you may be interested in our article on homeowners rights in an HOA.
All of the foregoing information was general advice only, no attorney-client relationship is formed, and should not be relied on to take or fail to take action.
