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KJL LAW, Lawyer
Category: Legal
Satisfied Customers: 1361
Experience:  Attorney at law Office of KJLLAW
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I was never given HOA papers at closing in 2001 and now told

Customer Question

I was never given HOA papers at closing in 2001 and now told I need to buy insurance with others in group. What HOA? I was not given anything at closing and now it is 15 years later
JA: When were the association's governing documents last updated?
Customer: I don't know?
JA: Because laws vary based on location, what state are you in?
Customer: Colorado
JA: Anything else you want the lawyer to know before I connect you?
Customer: Just that we only recently became aware of this HOA which only covers three townhomes. There are no dues
Submitted: 8 months ago.
Category: Legal
Expert:  KJL LAW replied 8 months ago.

Good morning.

Customer: replied 8 months ago.
Good morning
Customer: replied 8 months ago.
Do you have an answer
Expert:  KJL LAW replied 8 months ago.

Still working on it

Expert:  KJL LAW replied 8 months ago.

Hello and welcome to Just Answer. No attorney-client relationship or privilege is formed by speaking to an expert on this site, the answers are for general information. By continuing, you confirm that you understand and agree to these terms.

In Colorado, a Community Association is formed by its governing documents. Your association was created and is governed by several documents: the Covenants, Conditions and Restrictions, the Bylaws, and the Articles of Incorporation.

At closing, you should have received a copy of your Association's Covenants, Conditions and Restrictions ("Declaration"). The Declaration is a document that creates covenants and restrictions against all of the property described in that Declaration. The covenants are recorded in the real property records of the county in which the Association is located and contain much important information with regard to restrictions and obligations concerning the property therein. The Declaration normally contains the maintenance obligations of the owners and the Association as well as a provision requiring owners to pay common expense assessments for the upkeep, insurance and other expenses attributable to the community. Most declarations provide restrictions on use of the property, and insurance requirements.

The Declaration is where the rules and guidelines regarding home owners insurance are located. The declaration was recorded in the county records. Also, in the event of a conflict between the provisions of the Declaration and the Bylaws, the Declaration prevails.

You can check to see if the HOA was registered this year with the Colorado Department of regulatory Agencies. Here’s a link.

So, even if you were not given the HOA documents, the declaration regarding insurance will still apply if they were registered at the county clerk, even if their are no dues. Check the clerks records first.

It was a pleasure assisting you today, and I would appreciate if you would rate my service, so I will receive credit and payment for my work. After you rate the question you can ask follow up questions, and you will not be charged any additional money for the follow-up questions.

Expert:  KJL LAW replied 8 months ago.

if you have any other questions, just ask.

Expert:  KJL LAW replied 8 months ago.

If you have any other questions, just ask.

Expert:  KJL LAW replied 8 months ago.

If you have any other questions, just ask.

Expert:  KJL LAW replied 8 months ago.
If you have any other questions, just ask.