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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. https://www.colorado.gov/pacific/dora/hoa-registration.
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.
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