Colorado's HOA reform law in 2022 (HB22-1137) changed this law. Now, an HOA may not foreclose its lien if the debt securing the lien consists of one or both of the following: (1) fines or (2) collection costs or attorneys' fees the association incurred that are only associated with assessed fines. (Colo. Rev.
The new HOA law in California, passed in September 2024, includes amendments to the Davis-Stirling Act of 1985. These amendments make it possible for HOAs to conduct elections online rather than through costly and time-consuming paper balloting.
Colorado law requires a supermajority of owners in an HOA to vote in favor of terminating the HOA. It is extremely difficult to get sufficient interest in the termination effort. Most owners would hesitate take such a drastic step. After all, the HOA was set up to continue indefinitely.
At least 67% (or more) of all allocated votes in the Association must affirmatively agree to terminate the common interest community in a Termination Agreement. The declaration may have a percentage requirement higher than 67%.
A homeowners association cannot evict a homeowner the same way that a landlord can evict a tenant. A landlord typically has a lease that allows the landlord to give the tenant a certain amount of time to correct a problem, move out, or face eviction.
Once you buy a home that's part of an HOA, you automatically become a member of the HOA. HOA rules are legally binding, and you must adhere to all rules and regulations in the governing document. Yes, there are bylaws that you may not like, but there are no HOA loopholes.
No, there is not a way to ``leave the HOA'' without moving. The HOA covenants are tied to the property permanently.
Consequences of Non-Compliance Fines and Penalties: HOAs have the authority to impose fines and penalties on homeowners who violate community rules. These fines can escalate over time if the violation persists, potentially leading to significant financial burdens for non-compliant homeowners.
As Kriegstein explains, “In order to enforce an HOA rule, the association must have the authority to do so, as outlined in its governing documents. This may include the ability to impose fines or penalties for noncompliance or to take legal action against homeowners who refuse to comply.”
Once you buy a home that's part of an HOA, you automatically become a member of the HOA. HOA rules are legally binding, and you must adhere to all rules and regulations in the governing document. Yes, there are bylaws that you may not like, but there are no HOA loopholes.