Colorado Statement of Covenant for Board Members

State:
Multi-State
Control #:
US-ENTREP-0030-2
Format:
Word; 
Rich Text
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Description

Expectations of Individual Board Members
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FAQ

On , Governor Polis signed into law HB23-1105, which creates an HOA Homeowners' Rights Task Force (?Task Force?) to examine issues confronting communities that are governed by the executive board of an association.

HB 23-1105 was introduced in this session (sponsored by Reps Jennifer Parenti and Brianna Titone). It aims to create task forces for both HOA and metro districts, the sole purpose of which is to: Study issues confronting homeowners' rights.

The main functions of the HOA are to collect assessments (monthly dues and special assessments) and enforce the rules of the community. The community's rules are outlined in the Declaration of Covenants, Conditions, and Restrictions (CC&Rs).

Who regulates HOAs in Colorado? In Colorado, HOA's (or Common Interest Communities) are governed by the Colorado Common Interest Ownership Act (?CCIOA?).

Good faith; The care an ordinarily prudent person in a like position would exercise under similar circumstances; and. In a manner the director reasonably believes to be in the best interests of the association.

This law, effective August 10, 2022, prohibits HOAs in Colorado from seeking foreclosure against homeowners based solely on fines for violating community rules.

A covenant-controlled community is a collection of home lots that are subject to various covenants, conditions and restrictions (aka "CC&Rs") provided in a declaration document.

The nine policies required under CCIOA are on the following topics: Collections. Conflicts of Interest. Conduct of Meetings. Enforcement of Covenants and Rules. Records Inspection and Copying. Investment of Reserves. Adoption of Policies. Disputes between the Association and Unit Owners.

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Colorado Statement of Covenant for Board Members