A little confused

Started by DaveM10 • 3 replies • 1216 views

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DaveM10 (Colorado)
Posts: 3

Posted:

Our original developer formed an incorporation and drafted a set of covenants and as far as I know they were recorded with the county recorder. I am presuming that they intended to have all the lots sold, and they did, and that the term of life for the covenants would expire in 2004 per the covenants, but because the lots were sold they turned the subdivision over to a newly formed incorporation of our HOA. The board was chosen and they drafted a set of bi laws and that along with the articles of incorporation were filed with the sec of state and the county recorder.
I can't find where the new corp filed a set of covenants or adopted the old ones. There is no common property other than the roads.
I have a copy of the HOA Ownership Interest Act Law for the state and it says something about the body of owners must vote to extend the term of the covenants and besides did the original covenants transfer to the new incorp?

DaveM10 (Colorado)
Posts: 3

Posted:

Maybe I should have added a little more information. The origination of the developer was in '83 and the present corp was established in 2001.
Where I am confused is isn't there something that should have shown transfer of the covenants and how do you own the "oversee" of something not tangible? The new corp does not own the plots so I don't understand how they enforce something they never owned or had control.

SheliaH (Indiana)
Posts: 6,964

Posted:

Perhaps there’s language in the articles of incorporation regarding the transfer of the covenants – did you read it? Have you asked your neighbors if they have any information on the HOA (does it exist, is there a board, who’s on it, etc.?) If they’re still around, start with the folks who were on the original board
Are you paying HOA assessments? If so, where is that money going? If it’s going to a property manager, you should be able to ask him/her for information on the board.

If there hasn’t been anything happening with the HOA since 2001, you may want to talk to your neighbors to see if they want to continue the HOA because if the roads belong to the HOA, it’s responsible for maintaining them and you need to have a framework in order to do that, starting with a board who would oversee a property manager to handle the day to day. If no one wants the HOA, you’ll have to decide what to do about the roads – probably talk to the county or city about taking them over, and that may require a lot of legwork and lobbying, and maybe additional taxes from all of you to pay for it.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

DaveM10 (Colorado)
Posts: 3

Posted:

Yes we still have a HOA, at least in name, have a board, pay maint fees, but the board members are acting in secrecy and the whole thing is a mess. The covenants are 33 yrs old and in desperate need of updating and I believe they either expired in 2001 when the present corp was formed or in 2004 per the old covenats. They spend more time and energy in trying to catch violators and brow beating owners than paying attention business. There was a piece of land (.6 acres) of what I thought until closing that was part of my plot and turned out to be a "fire well plot" supposedly owned by the HOA. I have tried to purchase it and they have refused without reason and this morning I researched it at the court house and there is a deed. Problem is it is deeded over from the original developer to a corp with our same name of HOA, but it was done in Jan '95 and our HOA was not formed until Mar '01. Also found out that there is no deed recorded to the roads within the HOA and when I asked about that the assessor said they probably just walked away from it and the county refused to take them over so everyone just accepts that they belong to the HOA.

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