Denver Homeowners Association Attorney
In recent years, the Colorado legislature has revamped and updated the Common Interest Ownership Act. If you are a board member of a property management company, condominium or gated community homeowners association (HOA), you need to ensure that your legal documents for your homeowners association, including governance articles and policies have been updated to comply with new provisions. CRS §38-33.3-101, S.B.100, and S.B. 89 provide guidance, yet HOAs existing prior to July 1, 1992 face a difficult task in meeting the new requirements without satisfying high percentage voting approvals to amend recorded Declaration provisions. At the law offices of Harmon S. Graves, P.C., in Denver, Colorado, we will review the appropriate documents and amend provisions, which no longer conform to Colorado common interest ownership statutes, rules and regulations and properly integrate such requirements with existing documents where amendment is not feasible. Contact us to schedule a confidential consultation.
Helping homeowners for more than four decades
Under Colorado law, homeowners associations have standing to bring claims on behalf of homeowners against the developer or builder for construction and building defects or other problems, which arose due to defects in the design or construction of the property. Residential homeowners have the right to bring complaints against homeowners associations for failure to provide maintenance services for which they contracted. We represent homeowners associations, as well as individual homeowners, throughout the Denver metro region in all types of homeowner association litigation.
Legal Commentary
Governance Policies. The governance policies mandated under S.B. 100 must, as of January 1, 2007, include procedures for addressing disputes between the association and its members. CRS 38-33.3-124(b).
Lien for Assessments-Notice Needed. The foreclosure statute in Colorado, CRS 38-38-103(1)(c), as amended January 1, 2008, exposes an association's lien for assessments to extinction upon foreclosure of an encumbrance if the lien has a junior priority, or if there is an issue concerning priority, and if the Declaration does not contain the association's current address. This problem may be avoided by recording a notice of the association's address under the Declaration.
Request for Statement of Account of Assessments. If the association receives a written request from a homeowner, served on its registered agent, seeking a statement of the amount of unpaid assessments currently levied against the homeowner's property, the association must respond within 14 days. Failure to do so shall bar any lien entitlement for assessments which were due as of the date of the request. CRS 38-33.3-316(8).
Put experience to work for you.
When it comes to getting the best legal representation for your problems, experience counts. Contact the offices of Harmon S. Graves, P.C., to schedule for a free 30-minute consultation.
Harmon S. Graves, P.C.
1950 West Littleton Blvd Suite 113 ● Littleton, Colorado 80120 ● 303.798.4262
Since 1961, lawyer Harmon S. Graves has represented individuals, business, and real estate clients throughout the entire Denver metropolitan area, including Arvada, Littleton, Englewood, Highlands Ranch, Colorado Springs, and Boulder, and in Jefferson County, Douglas County, Arapahoe County, Adams County, Mesa County, and Boulder County.
