Do you think our covenants are no longer valid?

We bought a sizable rural lot in a large residential development. This development was created in 1999, however the developer never followed through, and actually created the HOA that was outlined in our covenants. He did file the covenants at the courthouse, and they are attached to all the warranty deeds, however the developer abandoned us over 10 years ago. Problem is, he remains the Declarant in our covenants and still holds the title to the 319 acres of what was supposed to be Community property, and was to be turned over to the HOA. Obviously, we need a good attorney, however I'm wondering if the covenants are still valid?

I think this can be divided into two separate questions:
1. Are the CC&R's still in effect? and
2. Do you have an association to do whatever the CC&R's say the HOA is supposed to do?

Parts of your CC&R's would still be valid. For example, if the CC&R's prohibit painting your house purple you cannot do so.

If the association called for in the CC&R's was never legally formed -- something the developer should have done before he ever sold the first lot -- then those parts of the CC&R's relating to the association may be void.

Thus far, I've spoken to 2 attorneys, in my quest to find one that we want to hire. In our initial discussions, both Colorado Attorneys have commented that the covenants may no longer be valid due to the length of time no association was formed. While our developer/declarant never would form an association, a frustrated landowner did re-instate our active status with the Sec. of State and kept it current till he moved. He also set up a checking account for our association. So, I'm wondering if this was a legal, valid association, in that it didn't involve the declarant? The person accepting the responsibility for the association after the organizer moved out promptly let the association again become inactive again in May, 2007, where it's remained ever since.
Now this same party that let it go inactive, has sort of taken over the 319 acres of what was supposed to be community property, by putting his cattle herd in there and ruining it. Pretty nice huh?

Contact a Colorado law firm that specializes in HOA matters and is thoroughly familiar with CCIOA (the Colorado Common Interest Ownership Act). CCIOA (pronounced like "Iowa" with a "K" in front) is the Colorado statute that governs the workings of HOAs within this state. Homeowner associations that were created on or after July 1, 1992 are subject to the provisions of CCIOA (as amended).

For the names of law firms specializing in HOA matters, get in touch with CAI- Rocky Mountain Chapter.

Thanks to those that have offered their opinions and knowledge on this matter. Obviously, there is a whole lot more to this than I've mentioned. For example, our developer EXEMPTED us from the CCIOA, and according to the Colorado Public Information Officer on HOA's, he is able to do this by virtue of our annual owner assessment being less than $400.00/year.
We're in South Central Colorado, and the law firms I've found around here do not specialize in this field of law. So, we have looked to the front range for more specialized law firms, however that has it's disadvantages as well, as they may not want to work a case so far from their area. They would also likely charge a lot of money to get involved. Then, some attorneys feel they lose the home court advantage when not being a local attorney the judge knows....