Sage Port #2
Architectural Control Committee
Larkspur, Colorado Monday, May 28, 2018
SPHOA, HOAs and Colorado Law
Understanding Colorado Homeowner Associations, CO Law and how it applies to
Sage Port #2
In general, an HOA is a legal entity set up to manage and maintain a neighborhood. Its members usually consist of homeowners in the community. 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.
The Sage Port #2 the SP"HOA", CCIOA and home owners
Around 2003 the then Board of the private SP"HOA" group under President Mark Hesse (currently still a SP"HOA" board member) stated their desired objective for the conversion of Sage Port #2 from a community of voluntary, self–governance to one of mandatory control with his private SP"HOA" group providing the regulation and enforcement.
This desire soon turned to force as SP"HOA"'s President Mark Hesse in June, 2003 recorded 64 liens against Sage Port #2 Owners for back dues, claiming authority to collect mandatory dues from them. This act was quickly escalated to the Douglas County District Attorney who immediately declared the liens illegal and ordered their removal under penalty of legal action. Naturally they were removed!
The 60+ liens recorded against home owners was just the first attempt to implement this governing control and enforcement over our home owners. It would eventually turn into 5+ years of intense community conflicts, legal actions and court battles along with the expenditure of hundreds of thousands in legal fees.
The end of the attack and the reestablishment of Sage Port #2 home owner rights
Finally, in April, 2009, after years’ court battles, Judge Nancy Hopf of the Douglas County District Court finally put an end to the disputes and settled the key question, if Sage Port #2 home owners fell under mandatory CCIOA / SPHOA regulation and enforcement.
Her ruling was simple and to the point:
That under CO law, neither Sage Port #2 nor the SPHOA is governed in any respect by the terms of CCIOA.
So what we have here in Sage Port #2 is:
· A community not subject to a mandatory HOA under the Colorado CCIOA Law.
· A community established without any regulatory HOA under our Protective Convents.
· A private SPHOA group which has no regulatory powers under CCIOA.
· A private SPHOA group which has no regulatory powers under our Protective Convents.
· A private SPHOA group with no support from the majority (90%) of our home owners.
· The only regulatory body in Sage Port #2 is the Covenants ACC with very limited powers.