Updating CC&Rs in Colorado

Started by RobertS41 • 2 replies • 1788 views

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RobertS41 (Colorado)
Posts: 1

Posted:

I live in a 100 home, built out development in Colorado. The CC&Rs for the development were signed off in June of 1983. The CC&Rs make numerous references to the Declarant, who is no longer even in the state. The CC&Rs also designate the Architectural Review Committee (ARC) to enforce the CC&Rs. The CC&RS make no reference to a HO Association. They also make no reference to a termination or process to replace the ARC members. We are having a conflict with one of the member of the ARC, who has never paid our assessment.

We also have a HO Association. HOA is trying to enforce the CC&Rs, but is having a conflict with the ARC member who has never paid any assessment. Our current assessment is $50/year. We use the funds primarily for landscape maintenance of common areas.

We would like to revise the CC&Rs to make the HOA the primary enforcement branch and to place the ARC under the board. We also believe we need to update the CC&Rs to comply with current state law. We do not want to hire an attorney primarily to avoid costly legal fees.

Thank you

MelissaP1 (Alabama)
Posts: 13,836

Posted:

There may be forms available at your local office supply store. They are located by the "do it yourself" rental agreements and such. Warning, they may not be in stock but may be able to get them online. There are 2 different versions. 1 with a CD and 1 without I believe. They run about 20 dollars with the CD. The documents allow you to adapt to whatever state you are from. The HOA may be interested in looking at the incorporation documentation as well just in case...

It's great and necessary to change the CC&R's. I recommend it ever 5 years to compenstate for changes and technology. Don't panic because your HOA is ACC ran. Each HOA is different and some are ran just by ACC. It's rare but not that rare. However, it sounds like the actual HOA is the one that will need established and then absorb the ACC.

The bad news is your HOA is going to need a lawyer to file the paperwork. You can find ways to reduce the charges by doing some of the work yourselfs. It cost us roughly just over 2K to file and hire the lawyer. It took 3 years to get all the signatures...Your HOA may want to assess the importance and plan ahead for a special assessment to pay for this expense. I would give a high estimate of up to 5K. Hiring a HOA is more expensive. You want one familiar with contractual/business law. It's NOT going to be an easy undertaking just for the special assessment alone. However, it's the first step of this long journey that your best to put yourself on in the long run...Good luck!

Former HOA President

RogerB (Colorado)
Posts: 5,067

Posted:

Robert, you can seach for and view other Colorado CC&Rs on the internet. Then you can form a committee to amend your CC&Rs. They may need to be amended and restated (rewritten entirely). After that I strongly recommend having an attorney review that document and consider making any changes recommended. Then I would have a written ballot vote which is signed and dated by each homeowner of record. If and when the required percentage of homeowners approve you can file that document with your County Clerk and Recorder. Then you need to provide a copy of the newly filed CC&Rs to all owners.

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