LaurieG1 (Colorado)
Posts: 1
Posts: 1
Posted:
If my community has a volunter membership to the HOA are we subject to CCIOA rules?
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CCIOA
Started by LaurieG1 • 2 replies • 1435 views
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RogerB (Colorado)
Posts: 5,067
Posts: 5,067
Posted:
Laurie, a volunteer HOA has no common interest ownership. In other words they do not own any common areas. They maintain no common areas and are not obligated to make any payments since they have no authority to collect assessments. Thus, they are not subject to the Colorado Common Interest Ownership Act (CCIOA). Following is the definition of a common interest community taken directly from CCIOA:
(8) "Common interest community" means real estate described in a declaration with respect to which a person, by virtue of such person's ownership of a unit, is obligated to pay for real estate taxes, insurance premiums, maintenance, or improvement of other real estate described in a declaration. Ownership of a unit does not include holding a leasehold interest in a unit of less than forty years, including renewal options. The period of the leasehold interest, including renewal options, is measured from the date the initial term commences."
(8) "Common interest community" means real estate described in a declaration with respect to which a person, by virtue of such person's ownership of a unit, is obligated to pay for real estate taxes, insurance premiums, maintenance, or improvement of other real estate described in a declaration. Ownership of a unit does not include holding a leasehold interest in a unit of less than forty years, including renewal options. The period of the leasehold interest, including renewal options, is measured from the date the initial term commences."
RogerB (Colorado)
Posts: 5,067
Posts: 5,067
Posted:
Laurie, I just got an email from Greg who received a reply from an attorney who stated:
" 1. Does CCIOA apply to voluntary homeowners' associations? Maybe. See CRS 38-33.3-115, -116, and -117."
This is a different response than I received from the same law office last year. Perhaps other reader's will chime in with their thoughts.
" 1. Does CCIOA apply to voluntary homeowners' associations? Maybe. See CRS 38-33.3-115, -116, and -117."
This is a different response than I received from the same law office last year. Perhaps other reader's will chime in with their thoughts.
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