Which document states....

Started by SusanT1 • 4 replies • 1398 views

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SusanT1 (Colorado)
Posts: 4

Posted:

I remember reading in either SB100 or SB89, or maybe even CCIOA, that it mentioned that all members are required to be mandatory dues payers under the new law. We had a homeowner state that SB100 says that dues are to be voluntary, but I could not find this either. Can someone help clarify which statement is correct, and where it is stated, so we can settle this argument?
All help and suggestions are appreciated.

SusanT1 (Colorado)
Posts: 4

Posted:

To add,
This is for an HOA in Colorado.

RogerB (Colorado)
Posts: 5,067

Posted:

Susan, SB05-100 and SB06-89 were passed and became amendments to the Colorado Common Interest Ownership Act (CCIOA). Nothing about voluntary dues; if fact it states that this Act does not apply to voluntary associations (those with voluntary dues rather than manditory assessments against the property). If your CC&Rs state there are assessments then there are and the amount is usually set annually by the Board.

SusanT1 (Colorado)
Posts: 4

Posted:

Thank you for the response.
So does that mean that if our association has dues, all members are required to pay them?
Our situation is this, we are combining the covenants (currently, we have 4 filings and 3 sets of covenants here in Arabian Acres, so we want 1 set of covenants to be fair and equal to all members), but there are members that just don't understand that this is for the better, and wish to constantly challenge everything we try to do. Thus, one member states that making dues mandatory for all members goes against SB100, but I could not find anything to back this up.
I just thought that I had read somewhere that dues are mandatory for all members of an association, and we weren't sure who was right.
This brings another question to mind. When the association was created way back when, owners were asked if they wanted to be members, and to date there are something like 60-70 (out of about 175 total) that opted out back then, and we understood that with this new law, that is no longer an option (to be voluntary). So, can we legally make/require these members that opted out of the association back then, pay dues now under this new law?
This is all confusing with these new bill's. Our attorney has only made it harder for us to understand.

Thanks,

Sue

RogerB (Colorado)
Posts: 5,067

Posted:

Susan, if "back when" paying dues was optional your current association is probably still a voluntary association (optional to join the HOA and pay dues). If so, the new statutes do not apply to your association. However, if upon annexing the 4 filings into one the CC&Rs are legally amended to one association with manditory assessments then CCIOA will apply. Whether or not all owners will legally be required to pay depends on your current Declaration of CC&Rs and the amended Declaration and how it is approved. You may wish to read the thread I created on converting from a voluntary to a manditory HOA. This can be found by searching for posts by RogerB and going to page 6 - about 180 posts ago.

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