An attorney in Castle Rock, Colorado, Jerry Cardwell has over 30 years of experience. Jerry Cardwell offers his legal services to residents contending with home owner’s association (HOA) law. Colorado’s HOA laws grant homeowners fundamental rights independent of HOA rules.
An HOA consists of a board elected by residents of a particular neighborhood. A resident automatically joins that HOA upon moving in and must follow the HOA’s Declaration of Covenants, Conditions, and Restrictions (CCRs) guidelines. Responsibilities to that HOA include paying dues for upkeeping public spaces or funding neighborhood activities.
Under Colorado law, the HOA must publish the dates for residents to submit dues each month and how long after each deadline a month’s due is considered delinquent. If a resident does not pay their dues on time, the HOA must notify the resident how much they owe, including interest. If they fail to remedy the delinquency, the HOA can file a lawsuit against them and offer to create a payment plan where the resident pays off their debt over at least six months.
In addition to their financial authority, HOAs can dictate the aesthetic aspects of a neighborhood, with some restrictions. Though HOAs may limit the types of hard pave elements on a property, like stone walls or patios, they cannot prevent residents from utilizing xeriscaping, using non-vegetative elements. They cannot create CCRs that force residents to water their landscapes In a way that violates Colorado law or force the installation of artificial turf.
