"Opt in" for Colorado HOA
I agree with the poster who provided the very helpful educational background re TABOR and CCIOA. How about a ballot initiative to cancel/make illegal the DEED restrictions at least for single family homes that do not share a roof or plumbing and are otherwise not connected..... make illegal these restrictions that allegedly "run with the land" where developers (who are often long gone) have irrevocably "deeded land" into an HOA corporation. Another aspect of this could be that if less than 50% of vacant lots have been developed in an HOA development after a time limit, the deed restriction expires. My POA is a case in point. Only 22 homes have been built out of 155 lots in a development that is over 20 yrs old, this is 14%. Consequently not enough members have a dog in the fight, and the current and immediate past board is squandering 8K a year for "management company services" that are not needed, for "vendor management" when we have no vendors except the snow plowing guy and the road maintenance crew. The roads are dirt and there are no common elements except the road access easement agreements. We do not need 8K worth of "management services," believe me. HOA members in this circumstance and similar should be able to "opt in" because I can guarantee if this were opt in, there would not be 8K to squander on unnecessary expenditures of that magnitude. A Colorado ballot initiative to mandate "opt in" for single family properties at least should be considered. We must recall that there were "deed restrictions" against certain ethnicities, religions and races to restrict their access to housing- indeed, this is the origin of the HOA, the 'neighborhood association' that tried to do an end run around integration after emancipation..... This is where they had their origins. These offensive "covenants" are still on the books, but illegal. Mandatory HOA membership as a deed restriction should be made illegal.
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