Sage Port #2
Architectural Control Committee
Larkspur, Colorado
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Sage Port #2 Architectural Control Committee Larkspur, Colorado |
HOAs and Colorado Law |
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Understanding Colorado Homeowner Associations, CO Law and how it applies to Sage Port #2 In general, a regulatory HOA under CO Law is a legal entity set up to manage and maintain a neighborhood. Its members consist of ALL homeowners in the community / subdivision - membership is mandatory. The original developer of the community typically creates the HOA in the establishment Covenants. However Sage Port #2 never established an HOA as part of its Covenants! Enter the Colorado Common Interest Ownership Act – CCIOA The Colorado Common Interest Ownership Act “CCIOA” which went into effect on July 1, 1992, is a comprehensive statute covering the creation and operation of common interest communities. However, this Law did not supersede preexisting Covenants by mandating that all communities establish an HOA. It is only mandatory on new developments. Preexisting communities could be regulated by CCIOA only if they met several sets of very specific requirements. One of the primary reasons that our Sage Port #2 community does not qualify as a “common interest community” within the meaning of the Colorado Common Interest Ownership Act, “CCIOA” because it does not fit within the following requirement: 38-33.3-103(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. (emphasis added) Our Sage Port #2 community does not have “other real estate” for which the property owners are obligated to pay common expenses. This was legealy verified in April, 2009, after years of court battles, Judge Nancy Hopf of the Douglas County District Court finally put an end to the disputes and settled the key question: Did Sage Port #2 home owners fall under the HOA requirements of the CCIOA law Her ruling was simple and to the point: That under CO law, Sage Port #2 is not governed in any respect by the terms of CCIOA.
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