Ownership of Clubhouse - Colorado

Started by RickB4 • 8 replies • 2063 views

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RickB4 (Kentucky)
Posts: 23

Posted:

I have a friend in Colorado, and they are trying to determine whether the clubhouse is owned by the HOA or the Metro District. The HOA had the clubhouse and every turned over in 2007 and has always run the clubhouse and pool and paid for improvements, maintenance and utilities, etc. All of county docs show the HOA as owner. What is the relationship of the District to the HOA in such a situation? Thx.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Who does the Waranty Deed for the clubhouse property state as the "owner"? This information can be obtained from the local County Records or Assessors.

SusanW1 (Michigan)
Posts: 5,202

Posted:

What is a Metro District?
Who pays the real estate taxes on the clubhouse?

RickB4 (Kentucky)
Posts: 23

Posted:

The assessor website shows the HOA c/o management company on the website, as owner of the clubhouse and all common grounds. Does that infer the warranty deed would be the same? No taxes appear to be paid, but property type is listed as TYPE=HOA, so maybe they are exempt?

A Metro District is a Colorado thing, also known as a special district:
http://dola.colorado.gov/dlg/sd/index.html

And they are created to finance the infrastructure and some roads, streets, utilities for a new development ... then the homeowners in that district pay property taxes to that district, which then goes to pay off the bonds for 30-ish year till the debt is paid of.

There is a document for the district stating that the HOA will be handed the clubhouse, pool and all common areas and must manage and maintain those. This has occurred, meaning the building handed it over to the HOA.

The claim now is that the Metro District really owns the clubhouse, but how can you verify that one way or another?

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Rick:

The Warranty Deed would verify 100% through County Records. You might be able to just call them and find out via telephone, but the HOA probably should have a copy of this document if they do not already.

Are property taxes owed, but have not yet been paid? Are they past due?

RickB4 (Kentucky)
Posts: 23

Posted:

I looked them up on the public website and it shows 0.00 owed. I'm thinking its tax exempt, but is that normal or a sign of government ownership?

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Rick:

That would potentially vary by State. It either means they have been paid and are current or it is tax exempt.

The WD is what will define the actual "owner" of the property. More than likely it is the HOA because the assessor shows them as the owner in care of the PM Company. However, I always like to double check so I at least would call the County Records office and ask.

RickB4 (Kentucky)
Posts: 23

Posted:

I call the County Assessor and they pulled the warranty deed and confirm the clubhouse was conveyed from the builder to the hoa in 12/2007 and it is own by the master association.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Rick:

OK ... it appears the HOA owns the property and the HOA is it's own entity (Non-Profit Corporation). With regards to your question:

What is the relationship of the District to the HOA in such a situation?

The "District" is in essence the local "municipal entity". Per:

"Special Districts in Colorado are local governments, i.e., political subdivisions of
the state, which make up a third level of government in the United States. (The
federal and state governments are the other two levels.) Local governments
include counties, municipalities (cities and towns), school districts, and other
types of government entities such as "authorities" and "special districts."

Colorado law limits the types of services that county governments can provide to
residents. Districts are created to fill the gaps that may exist in the services
counties provide and the services the residents may desire. The majority of
districts draw their boundaries in unincorporated county land, but residents of a
municipality may be included in one or more districts."

The district is who provides overall "governmental services" to the community.

I hope this makes sense to you ... if you have questions, please let me know.

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