"A Man's Home is His Castle" act would neuter all HOAs
While the author of the draft "A Man's Home is His Castle" Colorado Homeowners' Protection Act means well, the net result of any implementation of this act would render HOAs paper tigers. I would resign from my position as President of our HOA and spend my time preparing my property for sale before our values plummet.
It is far too easy to find a bad HOA board yet lets not throw the baby out with the bathwater. I speculate that there are far more functioning HOAs where board members strive to follow titles 7 and 38 C.R.S. Their members are satisfied with the board and vote to retain the board members with the knowledge that their best interest is why the HOA and Board exist.
The changes to Title 30 over the last few years have begun this slide to HOA irrelevance and it will ultimately be a case of "be careful of what you ask for, you might actually get it.
An HOAs ability to impose reasonable fines after following due process is a critical element of the balance between anarchy and tyranny. If an HOA is forced to utilize small claims court as its primary means to force compliance with an agreed upon set of rules, the cost would negate any reasonable HOA Board to jst let it go. That would result in more violations and more turning of cheeks to the point of obviating the HOA in its entirety. Good luck with that.
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