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MaryR7 (Colorado)
Posts: 5
Posted:
Hi all,

I purchased a house on 12/13. By the end of January, I had not heard from the HOA in any form (no newsletter, no bill for dues, etc), other than a response to my inquiries about building a fence and whether or not I need to submit my plans (I was told no, that they try to be very lax and since the neighbors on both sides of me had fences erected already there was no need to submit my plans), so I sent them an email regarding HOA dues. I got a reply, same day, that said all HOA dues are sent out in bill form at the same time, usually around the middle of February. Well, it's the middle of April and I still haven't received anything. I emailed them again last week and haven't received a response. My concern is I've lived here 4 months and have yet to pay any dues. Should I be concerned? This is my first HOA.

Thanks,
Mary
JanetB2 (Colorado)
Posts: 4,219
Posted:
Hi Mary:

Have you spoken with your neighbors about the dues? They would at least be able to potentially give you a heads up as to whether or not they themselves have received anything yet. After speaking with a couple of them if you still have not heard anything from your email request, I would recommend you send your request by “Certified Return Receipt” mail so you have proof that you have asked for the information. You stated this is your first HOA and are concerned, but I would not be too concerned yet. I am assuming from some of your comments that you are potentially a single family residence HOA and for which dues are potentially annual.

In the meantime you did read your governing documents before purchasing I hope, if not be sure to take the time to sit down and become familiar with all your documentation. Also, you may want to become familiar with the state statutes and other information. The following is the website for the new Colorado Information Office and Resource Center. Under the consumer resources is a link for Colorado Common Interest Ownership Act statutes which you should also read through especially Part 3 regarding Management of the Common Interest Community.

http://www.dora.state.co.us/Real-estate/licensing/subdivisions/HOA.htm

The following is portions the statute regarding annual information to be available to homeowners:

38-33.3-209.4. Public disclosures required - identity of association - agent - manager - contact information.

(2) Within ninety days after assuming control from the declarant pursuant to section 38-33.3-303 (5), and within ninety days after the end of each fiscal year thereafter, the association shall make the following information available to unit owners upon reasonable notice in accordance with subsection (3) of this section:

(a) The date on which its fiscal year commences;

(b) Its operating budget for the current fiscal year;

(c) A list, by unit type, of the association's current assessments, including both regular and special assessments;

(d) Its annual financial statements, including any amounts held in reserve for the fiscal year immediately preceding the current annual disclosure;

(e) The results of its most recent available financial audit or review;

(f) A list of all association insurance policies, including, but not limited to, property, general liability, association director and officer professional liability, and fidelity policies. Such list shall include the company names, policy limits, policy deductibles, additional named insureds, and expiration dates of the policies listed.

(g) All the association's bylaws, articles, and rules and regulations;

(h) The minutes of the executive board and member meetings for the fiscal year immediately preceding the current annual disclosure; and

(i) The association's responsible governance policies adopted under section 38-33.3-209.5.

(3) It is the intent of this section to allow the association the widest possible latitude in methods and means of disclosure, while requiring that the information be readily available at no cost to unit owners at their convenience. Disclosure shall be accomplished by one of the following means: Posting on an internet web page with accompanying notice of the web address via first-class mail or e-mail; the maintenance of a literature table or binder at the association's principal place of business; or mail or personal delivery. The cost of such distribution shall be accounted for as a common expense liability.

MaryR7 (Colorado)
Posts: 5
Posted:
Thanks for the quick response! I've only spoken to one neighbor who stated they have not received anything regarding HOA dues for this year either. It is a single family residence HOA (under 200 houses) and dues are due annually.

I read the governing documents before I purchased and I also found the HOA's website and looked over all past board meeting minutes, etc. I must say, the meeting minutes are pretty bare, usually one page only, so I don't think the board is overly active. The by-laws mention annual dues and the HOA documentation I was given at closing mentions the annual fee, although on the website, they have a "Collections Policy" posted that says "Assessments are due and payable on the 1st of each month". It's a short document, not signed, and I'm not sure if it means special assessments or if they are calling dues assessments. They did post the March financials on the website a few days ago, so hopefully the annual bills will be mailed out soon. I will talk to a few more neighbors and if they haven't received anything either, I will follow your advice and mail an inquiry Certified Return Receipt.

Thanks for the website! I will look over it and also bookmark for future reference.
JanetB2 (Colorado)
Posts: 4,219
Posted:
You are most welcome ... we are all here to help each other whenever possible.

MaryR7 (Colorado)
Posts: 5
Posted:
Just an update...I sent another email a few weeks ago requesting information about ARC guidelines for yard plantings and I also included my question about dues again. I received a prompt response regarding the ARC guidelines, but no respone regarding dues was included, so I figured they were in the planning stages of what to do about dues, since that questions wasn't answered.

Sure enough, this week I received my statement, with the financials attached and a letter explaining that all late dues and all associated fees for this year and years past are due by the end of their year or they will start the lien process for each one, due to the amount of people not paying their dues. It looks like it's been an ongoing problem and they were deciding how to handle it before they sent out dues notices this year.

I've been reading up on this site a lot and researching our HOA guidelines and history, because I would like to become involved in my HOA, beyond keeping the neighborhood clean, but since they aren't that active, I was worried I wouldn't be able too. Now I see that they were probably working on the best way to handle the dues issues and were most likely trying to keep mum about it until they had decided on a final solution, so I'm relieved to know it's not apathy. I believe, with my dues, I will include a note asking how to become more involved.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Hi Mary:

I am glad you would like to be more involved as so few who purchase in an HOA are willing to put forth any effort. I would like to recommend that you attend the board meetings as this will give you an idea regarding most everything within the association.

Best of luck to you and your association!!!

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