HOA Files: CCIOA and your HOA
If you’ve ever tried to read the Colorado Common Interest Ownership Act (CCIOA), you can understand how confusing it can be to determine your HOA’s compliance. Considerable cross-referencing is needed to figure out which aspects of the law apply. Your HOA attorney should be consulted to ascertain any course of action regarding CCIOA compliance. Although I cannot offer such legal advice, I do wish to draw attention to some important aspects of this legislation.
CCIOA was enacted into law on July 1, 1992. It superseded the prior Condominium Ownership Act. A community association created before July 1, 1992, is often considered “pre-CCIOA.” One created on or after this date is considered “post-CCIOA.” A common interest community maybe a cooperative, a planned community, or a condominium. Your association’s governing documents will usually identify your type of community. In a condominium, each owner owns a “unit” within the association, as well as an undivided interest in all the common elements. For a post-CCIOA condominium community, all of CCIOA applies. For a pre-CCIOA condominium community, only portions of CCIOA apply as set forth in Section 117.
Accordingly, your HOA should have policies and procedures in place to address at least the following:
• Patriotic and political expression
• Emergency vehicle parking
• Fire prevention
• Renewable energy generation devices
• Affordable housing deed restrictions
• Energy efficiency measures
• Responsible Governance Policies – nine policies are now required
• Architectural and landscaping approvals
• Board member education
• Annual owner education
• General public disclosures
• Sellers disclosure and document delivery
• Audits or reviews
• Reserve fund investment standard of care
• Meeting notices and owner
• Use of secret ballots and proxies
• Declaration amendments – voting percentages
• Board member conflicts of interest
• Association record keeping
Whilst this list is not exhaustive, your community is required to observe certain aspects of CCIOA, regardless of when it was created.
Murray Bain is a reserve studies provider and HOA consultant. He can be reached at (970) 485-0829, or email@example.com.
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