Together with Colorado estate planning and real estate, assisting our clients with the legal issues related to homeowners associations, condominiums, and other Colorado common interest communities is what the attorneys at Thomas A. Dill, P.C., Attorney at Law, enjoy the most. Our law firm represents a number of common interest communities in Crested Butte and Gunnison County. We also provide legal representation for homeowner associations, condominiums, and other common interest communities throughout Colorado, especially in resort communities.
In Colorado, real estate belongs to a common interest community if the owner of the real estate, by virtue of his/her ownership of that real estate, is obligated to pay assessments to an association. Assessments most often are needed for real estate taxes, insurance premiums, maintenance, and management.
CCIOA. The law governing common interest communities in Colorado is the Colorado Common Interest Ownership Act (CCIOA). According to CCIOA:
The general assembly hereby finds, determines, and declares as follows:
That it is in the best interests of the state and its citizens to establish a clear, comprehensive, and uniform framework for the creation and operation of common interest communities;
That the continuation of the economic prosperity of Colorado is dependent upon the strengthening of homeowner associations in common interest communities financially through the setting of budget guidelines, the creation of statutory assessment liens, the granting of six months’ lien priority, the facilitation of borrowing, and more certain powers in the association to sue on behalf of the owners and through enhancing the financial stability of associations by increasing the association’s powers to collect delinquent assessments, late charges, fines, and enforcement costs;
CCIOA Mandates Declarations. According to CCIOA, a common interest community must have a declaration that provides for the payment of mandatory assessments. Our law firm has assisted Colorado developers by drafting declarations in order to create common interest communities when Colorado developers subdivide a parcel of real estate into separate pieces of real estate. Often the declarations are declarations of protective covenants (also known as declarations of restrictive covenants). Sometimes the declarations are townhome declarations or are substituted with party wall agreements.
Is your Association in compliance with CCIOA? The attorneys at Thomas A. Dill, P.C., Attorney at Law have also assisted existing homeowners associations and other common interest community associations with updating their declarations, bylaws and other governing documents to assure compliance with CCIOA or to facilitate communication or the general health of a common interest community.
Conflicts between Owners and Homeowners Associations. Our firm also represents individuals when they have conflicts with the homeowners associations or other common interest communities that to which they belong as members.
Mediation and Arbitration. We have mediated disputes between individuals and homeowner associations and Peter Bogardus has arbitrated a dispute involving a condominium association and the administration of the declaration of protective covenants.