HOA has been inactive and now wants to re-instate

I recently purchased a home where the real estate listing said there is NO HOA. I even searched the DORA website in Colorado to confirm that there as no HOA in our subdivision. Now a neighbor claims to be on the board, no documents have ever been provided and they don't asses dues but want to have new rules. If they want to re-instate the HOA, what will have to happen? Will it require a majority of homeowners to agree?

I don't believe so.

Sorry Nathan, I thought of another one after I logged off.

5. If there are deed restrictions and for whatever reason the HOA was never formed in the first place.

If so, then yes it would be fairly easy to establish it.

Are you saying that there used to be an HOA and when you purchased it simply wasn't active?

No restrictions listed on the deed. There used to be an HOA but is now inactive. It is listed as inactive on the closing paperwork for the purchase.

I am not nor do I play a lawyer.

Typically deed restrictions are noted on the deed page as existing and where a copy of such are located versus physically attached to the actual deed. Our Deed Restriction is 32 pages long. When doing a deed search, one is directed off to where the deed restriction document is located and one can request a copy.

Not uncommon for deed restrictions to be filed after the original deed. One example is a landlord signs a long term lease with a tenant. In one case my business had a 20 year lease with the landlord. My lawyer did register the lease with the deed so any purchaser was aware that such lease agreement existed. Seems to me the reason was leases expire in 7 years unless registered with the deed....but as I said.....I am not nor do I play lawyer.

Actually, that is not common practice. Once a property has been sold the seller has no power to retroactively impose deed restrictions as he no longer owns it. The only way I can think of for a seller to legally impose restrictions after the sale would be if there was a clause in the sales contract allowing that to happen. In my state and likely many others, such a contract would have to be in writing.

The OP is not at all clear as to his situation. In his initial post he claims there is no HOA, implying that there are no CC&R's recorded and there never has been an HOA. In a later post he states that there used to be an HOA, that it is inactive, and its inactive status was mentioned in the closing paperwork. This latter information implies that there are CC&R's recorded and that they created an association, otherwise the information about the dormant association would be irrelevant. I do not mean to imply that the OP is not being truthful; I think he just does not understand what he bought.

Are there Covenants and Restrictions applying to your property on file with the 'register of deeds' ?

I am not sure, or I don't know, or I'm 99.9% sure are NOT satisfactory answers for the purpose of YOUR financial health.

Go to your county seat - find the register of deeds - LOOK IT UP IN PERSON - get CERTIFIED copies (if any are recorded).

REREAD your actual deed - find language similar to: subject to any recorded restrictions or easements of record

Are there, IN FACT, recorded restrictions/covenants/conditions (CCRs) ??

If yes - you ARE bound to an HOA

If no - you want the lack thereof DOCUMENTED

ps. what was your ATTORNEY doing at the closing ? twiddling his thumbs ?

99% of all deeds are warranty deeds (the seller warrants ownership & clear title)

you can have clear title with recorded restrictions !

1% are 'quit claim' deeds used primarily for family member to family member transfers

your deed will NOT SPECIFICALLY list the restrictions

your deed may, or may not, contain language similar to:

"...subject to any recorded restrictions or easements of record..."

FIND OUT PERSONALLY AT THE REGISTER OF DEEDS OFFICE - get any result(s) certified

then

CONFIRM STATUS WITH AN ATTORNEY