Special District & Local Government Representation

Bailey & Peterson, P.C. provides proven representation in all matters to all types of special districts in Colorado. Our clients include metropolitan districts, water and sanitation districts, park and recreation districts, and fire districts throughout Colorado. We also provide representation to local governments, including business improvement districts and general improvement districts. Our attorneys work closely with district managers, board members, and other parties on a variety of matters.

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TABOR (Taxpayers' Bill of Rights
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Intergovernmental Agreements
CORA (Open Records Act) Compliance
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Taxes, including collection, assessment, mill levy certification and audits
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Understanding Colorado HOA Law

What is CO HOA Law?

Homeowners Associations (HOAs) are organizations in residential communities that create and enforce rules for the properties and their residents. These groups are usually set up by the community developer and they aim to uphold the neighborhood's quality and appearance.
The primary functions of an HOA include:

Rule Enforcement: HOAs create and enforce rules for the community. These rules are often found in documents called covenants, conditions, and restrictions (CC&Rs). These rules help maintain property values and ensure a harmonious living environment.
Maintenance of Common Areas: The association is responsible for the upkeep of common areas, which can include landscaping, sidewalks, and recreational facilities. This maintenance is funded from dues collected from homeowners.
Conflict Resolution: HOAs often serve as mediators in disputes between neighbors, helping to resolve issues related to noise, property modifications, and other community concerns.
Community Engagement: Many HOAs organize events and activities to foster a sense of community among residents, encouraging participation and communication.
Financial Management: HOAs manage the financial aspects of the community, including budgeting, collecting dues, and maintaining financial records. This ensures that the association can meet its obligations and plan for future needs.
Compliance with State Regulations: Many states have specific laws governing HOAs, such as the Colorado Common Interest Ownership Act (CCIOA). Understanding and adhering to these laws is essential for the legal operation of an HOA and can protect the association from potential legal issues.

Homeowners need to understand the role and responsibilities of an HOA. This knowledge can greatly affect their living experience and property investment. By being aware of the rules and engaging with the association, residents can contribute to a positive community atmosphere.

Key Components of HOA Laws in Colorado

Governing documents in the context of Homeowners Associations (HOAs) refer to the foundational legal documents that outline the rules, regulations, and operational framework of the association. These documents typically include:

Covenants, Conditions& Restrictions (CC&Rs)

The rules that govern the community and set standards for property use and maintenance.

Bylaws and Declarations

The governance structure of the HOA, including the roles and responsibilities of the board of directors, meeting procedures, and voting rights.

Articles of Incorporation

This document establishes the HOA as a legal entity and includes basic information about the association.

Rules and
Regulations

Additional guidelines that may be adopted by the board to address specific issues within the community.

Homeowners must understand these governing documents. They outline the rights and responsibilities of the association and its members. This helps ensure compliance and promotes a peaceful living environment.

Responsibilities of Homeowners

Responsibilities of Associations

Adherence to Rules

Homeowners must comply with the rules and regulations set forth in the governing documents, including CC&Rs and bylaws.

Payment of Dues

Homeowners are responsible for paying dues or assessments to fund activities and maintenance of common areas.

Maintenance of Property

Homeowners are expected to maintain their properties according to community standards to uphold property values.

Participation in Meetings

Attend HOA meetings & community activities to stay informed & contribute to decision-making processes.

Reporting Issues

Homeowners should report any violations or maintenance issues to the HOA to ensure a well-maintained community.

Rule Enforcement

Associations must enforce the community rules and regulations fairly and consistently.

Maintenance of Common Areas

HOAs take care of shared spaces. They make sure these areas are clean, safe, and easy to access.

Financial Management

Associations manage the community's finances, including budgeting, collecting dues, & maintaining financial records.

Communication

HOAs should communicate effectively with homeowners, providing updates on community matters and upcoming events.

Conflict Resolution

Associations often mediate disputes between homeowners to maintain harmony within the community.

The Colorado Common Interest Ownership Act (CCIOA)

The Colorado Common Interest Ownership Act (CCIOA) is a significant piece of legislation that governs the operation of homeowners associations (HOAs) in Colorado. Its main purpose is to create a clear legal framework for managing common interest communities.

This helps homeowners and associations know their rights and responsibilities. The CCIOA aims to promote transparency, accountability, and fairness in HOA governance. This will improve the living experience for residents.

Key Provisions of CCIOA
The CCIOA outlines several key provisions that impact the governance and operation of HOAs:

Rights and Responsibilities Under CCIOA: The act outlines homeowners' rights. These include accessing association records, joining meetings, and voting on important issues. It also establishes the responsibilities of associations, such as maintaining common areas and adhering to the governing documents.
Impact on Governance and Compliance: The Colorado CCIOA requires HOAs to follow its rules. This includes holding regular meetings, notifying homeowners, and being financially transparent. This legal framework helps prevent disputes and holds associations accountable for their actions.

Why Hire an Attorney for HOA Matters?

As general counsel to HOAs and community associations, our attorneys advise board of directors and managers on how to comply with CCIOA, the Nonprofit Act, and other administrative regulations and statutes. We also advise boards on daily operations, interpretation and enforcement of governing documents, amending and restating governing documents, fiduciary duties of the board of directors, preparing and enforcing contracts, conducting elections and board meetings, etc. Our services include, but are not limited to:

General Representation
Bylaws and Declarations
Policies and Procedures
Rule & Regulation Disputes and Enforcement
Litigation
Contracts

General Business
HOA Governance and Operations
HOA Elections
In depth knowledge of Colorado Legislation, the Colorado Common Interest Ownership Act (CCIOA), and the Colorado Nonprofit Corporation Act

By leveraging the expertise of attorneys, HOAs can effectively manage disputes, maintain harmony within the community, and ensure compliance with the Colorado Common Interest Ownership Act (CCIOA). Legal support can come in many ways. It includes regular meetings with legal experts. It also involves educational programs for board members and residents. By giving HOAs resources like legal workshops, newsletters, and access to qualified attorneys, associations can help their leaders. This support allows them to make informed decisions and operate confidently within the law.

Reported Cases: Municipal District Governance and Taxation

Campbell v. Orchard Mesa Irrigation District, 972 P.2d 1037 (Colo. 1998) (Meaning of districts under TABOR Amendment to Colorado Constitution).
State Farm Mut. Auto. Ins. Co. v. City of Lakewood, 788 P.2d 808 (Colo. 1990) (Special district creation and judicial review).
Empire Savings, Building and Loan Ass'n v. Otero Savings and Loan Ass'n, 640 P.2d 1151 (Colo. 1982) (Constitutionality of law passed in legislative special session).
Wasson v. Hogenson, 583 P.2d 914 (Colo. 1978) amicus curiae for Special District Association of Colorado (Priority of perpetual lien for public improvement).
Prospect 34, LLC v. Gunnison County Bd. of County Comm’rs, 363 P3d 819 (Colo. App. 2015) (Validity of district tax levy).
Skyland Metropolitan Dist. v. Mountain West Enterprise, LLC, 184 P.3d 106 (Colo. App. 2007) (Special district availability of service fees and payment under protest).
East Grand County School Dist. No. 2 v. Town of Winter Park, 739 P.2d 862 (Colo. App. 1987) (Validity of town compliance with urban renewal statute).
Intermountain Systems, Inc. v. Gore Valley/Big Horn Water Dists., 654 P.2d 872 (Colo. App. 1982) (Standing to challenge bidding on public contract).
Stauffer v. Town of Grand Lake, 1980WL2012 (D. Col. 1980) (Municipal immunity; federal court subject matter jurisdiction).
Greensway Development Co. v. Academy Park Ltd., 608 P.2d 845 (Colo. App. 1980) (Appeal of quasi-judicial municipal action).
Castlewood Corporation v. City and Cnty of Denver, 594 P.2d 1062 (Colo. App. 1978) (Compliance with city charter in setting water rates).