Jefferson County District Court defines Common Interest Community
In a decision issued Wednesday, Judge Berryhill provided great case law for communities in Colorado. The decision makes it clear that a community which, by its declaration, requires owners to pay for the "maintenance" of real estate described in the declaration other than their own property is a common interest community and thus subject to CCIOA. In the Hiwan Homeowners Association v. Knotts case, the community's declaration provided that the assessments were paid to the association. The association's purpose was "maintenance of the association." Judge Berryhill found this sufficient to satisfy the requirements of CCIOA even though the association owned no common elements. Bill Short of our firm was successful in convincing Judge Berryhill of the applicability of CCIOA to this community. To read the full opinion or if you have questions about CCIOA contact any of our attorneys.
As a Realtor, I have oftentimes wondered how this would be interpreted. Thank you for providing this Court Ruling. Keep up the great work.
Good for Bill! Thank you.
What is the impact of this on communities that have previously been considered "pre-CCIOA" by virtue of their creation date?
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