A Man's Home Is His Castle Colorado Homeonwers Protection Act

I have represented myself, and other homeowners, in more H.O.A. litigation than I've ever wanted to be involved in.

So I've seen how H.O.A. law works. And more importantly, I've seen how the law does not work.

During that time, I've had to endure listening to out-of-touch lawmakers telling me how they were working to make things better for H.O.A.-burdened homeowners, while experiencing for myself how much worse things were actually getting.

The stories that lawmakers tell the public, and what goes on in the court rooms where their laws are actually enforced, are two very different things.

Based on what I've learned over the years, I have written the "A Man's Home Is His Castle Colorado Homeowners Protection Act", which you can read at

https://homeowners.substack.com/p/a-mans-home-is-his-castle-colorado

It has five parts:

01. Legislative Declaration

Just like the name says. Admittedly, this part still needs work. Suggestions are welcome.

02. Small Claims Court

• Require H.O.A. litigation to be filed in Small Claims Court, an agency which already exists to simplify cases and reduce legal costs. This removes the perverse incentives and moral hazards of the H.O.A. attorneys to engage in destructive and expensive litigation over the most trivial of amounts and reasons. It also evens the playing field in court between the plaintiff H.O.A. and defendant homeowner.

03. Boundaries of H.O.A. Rules

• Limit the authority and power of H.O.A. corporations to that which is only necessary to manage and maintain their common property. Make it illegal for an H.O.A. corporation to make and enforce rules on a homeowner's own private property.

04. Ban H.O.A. Fines

• If fines were truly necessary to ensure compliance with the rules, then homeowners would be allowed to fine their H.O.A. But they are not, because fines are not necessary. The ability to fine also creates an inequity of legal remedies between homeowners and H.O.A. corporations.

Every party bound by an H.O.A.'s governing documents should have the same legal remedy : to present their case in an Open Court of Law and ask the Court for an injunction and/or damages.

05. Attorney General Consumer Protection

Authorize and direct the consumer protection division of the Attorney General's Office, and agency which already exists, to collect complaints from consumers of H.O.A.-burdened housing; and if warranted investigate and prosecute such complaints.