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Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 5270
Experience:  Licensed to practice before state and federal court
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I have asked our HOA as well as the management company for

Customer Question

I have asked our HOA as well as the management company for records pertaining to all concrete work done in our development because I believe work was done on a townhown driveway and we were turned down for the same work. They are avoiding giving me those records. What is my recourse?
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: Colorado
JA: Has any paperwork been filed?
Customer: I have only requested the information via email based on the Policies and Procedures and Records Access Policy on the Management website for our community.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't believe so. Thank you
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Legal Eagle replied 2 months ago.

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, Most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

Customer: replied 2 months ago.
Thank you
Expert:  Legal Eagle replied 2 months ago.

Under the HOA law in Colorado, “Copies of Governing Documents and Other Relevant Documents. Owners and residents have the right to receive all documents especially those that address rules and regulations governing the HOA. These documents should be provided prior to purchase and closing, or upon the owners joining the community or a resident renting in the community, or at any time while a member of the HOA.”

Owners also shall have Access to Records. This means that Owners have the right to relevant and appropriate HOA books and records.

Finally, Owners are allowed Fair Treatment. According to a trusted source, “Owners and residents have the right to fair treatment by the HOA, community leaders and managers regarding financial and other HOA obligations. Owners and residents have the right to be treated honestly and with respect by the HOA, HOA leaders and management. Issues will arise, but should not be personalized. Fair treatment includes the opportunity to discuss payment plans and options with the HOA before foreclosure is initiated.”

so the answer to your question is yes, you should be able to collect those documents under Colorado law. You may want to consider just writing a formal demand letter. There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?