Homeowner Associations are governed by a chain of governing documents and laws.
- The Articles of Incorporation filed with the Secretary of State provide the legal basis of the association in the form of an Incorporated Non-Profit Corporation.
- The recorded map or 'plat' defines each owner's title to property including the association's title to common areas.
- The CCR's (Covenants, Conditions, and Restrictions) are publicly recorded deed restrictions.
- The Bylaws are the rules for management and administration.
- Resolutions are additional rules and regulations that the association may adopt.
- Federal Laws also apply. Some but not all include the The Fair Housing Act, Internal Revenue Codes, the American Disabilities Act, the Virginia Graeme Baker Pool and Spa Safety Act , the FCC OTARD Rule (Over the Air Reception Devices - Satellite Dishes) and the Fair Debt Collection Practices Act.
- Information regarding State Laws specific to common interest communities such as condominiums, cooperatives, and homeowner associations are provided below and in the FAQ section of the Resouce Center. In addition there are typically additional state laws that are not specific to Common Interest Communities which require compliance. Some examples include stormwater runoff, coastal development, elevator inspections for condos, and pool operations to name a few.
- Local Ordinances, while not specific to homeowner associations, apply to building codes, animal control, abandoned cars, water restrictions, etc.
- Additional legal regulations can exist in the form of case law; standards set by professional organizations such as accountants, engineers, architects, home inspectors, and real estate brokers; as well as lender requirements.
- State laws affecting Common Interest Communities vary widely.
- Bills affecting Common Interest Communities are frequently being introduced in state legislatures and may be in different stages of consideration, approval, or enactment.
- It is not uncommon to find conflicts within or between governing documents such as the covenants and the bylaws. There may also be conflicts between governing documents and statutes. When this occurs, attorneys must often consider applying Rules of Intepretation.
- Because of the wide variance in state laws, constant changes and possible conflicts in governing documents or statutes, it is strongly recommended that association boards and members seek legal counsel and especially with firms that have expertise or strong practice experience in the area of Common Interest Community law. A good starting point is to check the HOA-USA Partner Directory for your respective state.
Colorado State Laws:
- Nonprofit Corporation Statutes generally apply to any incorporated Common Interest Community. In Colorado, look to the Colorado Revised Non Profit Corporation Act (" Non Profit Act") which applies to all Colorado Non Profit corporations.
- The Colorado Common Interest Ownership Act ("CCIOA") which applies in its entirety to all associations created after July 1, 1992. In addition, certain portions of CCIOA apply to associations created before July 1, 1992.
- The State of Colorado created the HOA Information and Resource Center in 2010. The Center is managed by the Division of Real Estate (DRE), a division of the Department of Regulatory Agencies (DORA).
- The Center collects information from HOAs via registration and from inquires and complaints received. The Center also provides information to homeowners, HOA boards, declarants and other interested parties about the rights and responsibilities of HOAs set forth in the Colorado Common Interest Ownership Act (CCIOA) and other applicable state laws.
- In addition to the annual Secretary of State registration, HOAs are required to register annually with the Colorado Division of Real Estate. An HOA that fails to register, renew its registration, or pay the required fee may be precluded from imposing or enforcing a lien for assessments.
- The community association manager licensing program, as promulgated by the Colorado Legislature in HB13-1277, effective January 1, 2015, encompasses the licensure of professional managers that manage various types of common interest communities, including, but not limited to residential, mixed-use, commercial, timeshare and condo hotel communities.
Colorado Fair Housing Act, Colorado Fair Debt Collection Practices Act, & the Solar Panel Statute.