HOAs and Condo Associations
Elkhorn Law represents homeowners associations and condominium associations throughout the Estes Valley. Many local associations were formed decades ago, before the Colorado Common Interest Ownership Act (“CCIOA”) took its current shape, and are run by volunteer boards working from governing documents which no longer match the law. Our work is to bring those documents current and to help boards run the association in a way that holds up if an owner challenges a decision.
Services
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Association Declaration: drafting, amending and restating the declaration (i.e., the covenants, conditions and restrictions) which creates the community and binds every owner.
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Association Bylaws: the rules for the association’s internal operation, including the board, elections, meetings and officers.
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Association Policies: the governance policies that CCIOA requires every association to adopt, as well as rules and regulations on renting, parking, pets and similar matters.
Ongoing Counsel to Boards
We also advise boards on records requests, assessment collections, enforcement and fines, owner disputes and board elections, and, subject to availability, we attend members’ and board meetings where a board wants counsel present. Where an amendment is under discussion, we explain which document it belongs in, what vote it requires and how it will work in practice. In particular, a provision that may need adjustment over time often belongs in a policy, which the board can revise, instead of the declaration, which only the owners can amend.
To learn more about serving on an association board, read 10 Things Every HOA Board Member Should Know.