Wednesday, May 5, 2021

Introduction to Colorado’s HOA Laws


Experienced lawyer Jerry Cardwell serves his business clientele through his boutique office, Cardwell & Associates, in Denver, Colorado. Throughout his career, Attorney Jerry Cardwell has developed the necessary skills to excel in business, finance, and real estate law. He has also spent considerable time working in Colorado Homeowners’ Association (HOA) laws.

An HOA or community association is a legal entity usually in a non-profit form established to manage a neighborhood. Its primary functions are to collect monthly HOA dues and other assessments and implement the neighborhood rules found in the form of covenants, bylaws, and policies.

Several laws govern HOAs in Colorado. The Colorado Condominium Ownership Act provides for the rules governing HOAs (including their formation, operations, and management) established before July 1, 1992. The Colorado Common Interest Ownership Act, on the other hand, applies to most HOAs regardless of the date they were formed, although some provisions apply to communities established after July 1, 1992.

The Colorado Fair Housing Act protects homeowners from discrimination because of race, sex, gender preference, race and ancestry, color, religious beliefs, creeds, and other similar bases. Meanwhile, the Colorado Fair Debt Collection Practices Act regulates debt collection practices and disallows the use of abusive, deceptive, and unfair ways of collecting debts. The Colorado HOA Reform Package requires HOAs to implement stricter rules for debt collection, foreclosure, and landscaping.

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Having studied law at Dean University Law School, Jerry Cardwell serves as the attorney for Cardwell & Associates, a law firm in Denver...