Owning a home within a community governed by a Homeowners’ Association (HOA) can provide numerous benefits, including access to well-maintained amenities and the assurance of a certain neighborhood aesthetic. However, it can also lead to potential conflicts. In Colorado, as in many states, homeowners and HOAs can sometimes find themselves at odds, which may lead to litigation. If you are sued by your HOA, it is critical to know your rights.

Right to Notice

In Colorado, homeowners have the right to receive proper notice before any legal action is taken. The HOA must inform you of the specific complaint or rule violation and provide adequate time for you to address the issue before proceeding with a lawsuit.

Right to Review Governing Documents

As a homeowner, you have the right to review the HOA’s governing documents, which include the Declaration of Covenants, Conditions, and Restrictions (CC&Rs), bylaws, and any rules or regulations. These documents outline the rights and obligations of both the HOA and the homeowner. Understanding these documents is essential, as they are often central to any litigation.

Right to Fair Treatment and an Impartial Fact-Finding Process

The Colorado Common Interest Ownership Act (CCIOA) requires HOAs to treat all homeowners fairly and equally. If you believe the HOA is enforcing rules selectively or inconsistently, this can be a defense against any legal action taken by the HOA. Additionally, pursuant to the CCIOA, homeowners are entitled to a fair and impartial fact-finding process before a HOA can levy a fine on any homeowner.

Right to Your HOA’s Written Policy for Addressing Disputes

The CCIOA required all Colorado HOAs to adopt a written policy setting forth their procedure for addressing disputes between the HOA and its homeowners. Additionally, all HOAs must provide a copy of this policy to homeowners upon request.

Understanding your rights is the first step in effectively navigating disputes with your HOA. If you are faced with litigation from your HOA in Colorado, remember these rights and consider seeking legal counsel to ensure they are upheld. For personalized advice and strong representation, contact Ascent Legal Group at (719) 256-0076 or go to ascentlegalgroup.com. Our expertise in Colorado real estate and HOA law can provide you with the support you need.