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 01, 1992. It superseded the prior Condominium Ownership Act. A community association created before July 01, 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
- Renewable energy generation devices
- Affordable housing deed restrictions
- Energy efficiency measures
- Responsible Governance Policies – 9 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 participation
- 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.