Colorado HOA Experience

Volunteered, elected, and served in different capacities, ie., Secretary, Treasurer, VP and committees.

I have reviewed the existing entries to the task force and so far many of the replies ring true. I was encouraged when I first saw and read HB23-1105, but the jury is still out relative to any changes that may result. What I’ve experienced is that the legislature creates and the governor signs bills affecting HOA governance, but other than litigation there is no enforcement. We have become a litigious and apathetic society. Times have and continue to change!!

• Current HOA boards are pretty useless, imo. Most directors have little or no knowledge of Colorado law pertaining to HOAs, let alone their own governing docs. Owner apathy doesn’t help.
• Executive members of the board need to be knowledgeable of their HOA covenants, as well as local and federal statutes that govern Colorado HOAs. ALL HOA directors need to clearly understand that the ‘fiduciary duty’ of a director means he/she is not above the law, ie., asking for permission vs foregiveness, and are responsible to ALL owners.
• Legislation that takes into account the demographic of a community, not “one size fits all” legislation.
• Ability of a board to remove a director with an affirmative vote of all remaining directors.
• Years of attempting to update governing documents that are over 50 years old.