Larimer County Republican Party Passes Resolution on HOAs
The Larimer County Republican Party passed a resolution concerning HOAs earlier this month. Resolution #24 begins by declaring that HOAs impact the property values, property and personal rights, as well as the living environment of those living within the HOA community. It goes on to state that many HOAs have abused their authority and have failed to follow the law or meet their fiduciary duties. The Resolution then urges the Colorado legislature to make HOAs legally accountable to their members by allowing members to take pro se legal action against their association to recover damages, remove board members etc. (This resolution, however, is suggesting legislation to the General Assembly and does not change current state law.)
Despite the urgent tone of this resolution, homeowners in condominium communities and pre and post-CCIOA planned communities already do have the right to enforce the Colorado Common Interest Ownership Act (CCIOA) and their governing documents by filing a lawsuit against their association for violating the law or their documents. (Confused about whether you live in a CCIOA community? Click here.) In addition, Section 123 of CCIOA provides that the "prevailing party" is entitled to the costs and reasonable attorneys fees incurred in bringing the action. Therefore, if the association loses, the court will order the association to pay the owner's costs and attorneys fees. Owners may also collect any actual damages caused by the association's failure to follow the law or the governing documents. (Click here for another post addressing CCIOA's enforcement provision.)