cksiiEditor (Colorado)
Posts: 12
Posts: 12
Posted:
I purchased property in 2001 in a rural sub-division in Colorado that consists of approximately 1500 lots. Each lot owner is responsible for drilling their own private well. Prior to making my purchase, I was given a copy of the covenants. I had heard over the years that their was a problem with the covenants and asked on the community web site about the covenants' legitimacy. I was assured on a couple of occasions by the HOA President that there was no problem.
Two weeks ago, I received a package in the mail that consisted of a completely new Declaration of Covenants and letter from a legal firm. The letter said that the original covenants expired and that I need to sign the new Declaration, which will acknowledge that I am a member of the Association and subject to dues assessments. It also said that if I didn't sign, that I would not be a member of the Association, and would therefore lose my water rights.
This did not sit well. I immediately downloaded all of the documents that were on the community web site and started reading. The Articles of Incorporation for the Association define a member as anyone who has a duly executed deed. In other words, if you bought property in the sub-division, you were automatically a member.
I then asked the HOA President why I would not be a member given the fact that the Articles of Incorporation defined the terms of membership. He replied that "it is the law" and made a reference to C.R.S 38-33.3-118 which is part of the 50-page CCIOA document. I read that particular clause and it in no way answers my question.
Here is my question to the forum. Are the Articles of Incorporation invalided or altered by the passage of CCIOA or any other Colorado statute? It appears that the HOA Board discovered that the covenants, which provided for assessments, liens, etc, have indeed expired and they no longer have the ability to force people to pay their dues. It also appears that in response to that predicament, they sent a threatening letter from the HOA attorney in the hopes that they could scare people into signing the new Declaration.
Any thoughts?
Two weeks ago, I received a package in the mail that consisted of a completely new Declaration of Covenants and letter from a legal firm. The letter said that the original covenants expired and that I need to sign the new Declaration, which will acknowledge that I am a member of the Association and subject to dues assessments. It also said that if I didn't sign, that I would not be a member of the Association, and would therefore lose my water rights.
This did not sit well. I immediately downloaded all of the documents that were on the community web site and started reading. The Articles of Incorporation for the Association define a member as anyone who has a duly executed deed. In other words, if you bought property in the sub-division, you were automatically a member.
I then asked the HOA President why I would not be a member given the fact that the Articles of Incorporation defined the terms of membership. He replied that "it is the law" and made a reference to C.R.S 38-33.3-118 which is part of the 50-page CCIOA document. I read that particular clause and it in no way answers my question.
Here is my question to the forum. Are the Articles of Incorporation invalided or altered by the passage of CCIOA or any other Colorado statute? It appears that the HOA Board discovered that the covenants, which provided for assessments, liens, etc, have indeed expired and they no longer have the ability to force people to pay their dues. It also appears that in response to that predicament, they sent a threatening letter from the HOA attorney in the hopes that they could scare people into signing the new Declaration.
Any thoughts?