go back to FAQ groups

Frequently Asked Questions - Colorado Common Interest Ownership Act (CCIOA) Categories

Prevaling Parties - Attorney Fees Can a unit owner seek reimbursement of attorneys fees and court costs under the Colorao Common Interest Ownership Act (CCIOA)?

Association Governance Does the Colorado Common Interest Ownership Act (CCIOA) require Homeowner Associations (HOA) to adopt specific governance policies?

Executive Board Member Education Does the Colorado Common Interest Ownership Act (CCIOA) provide provisions for the training and education of Homeowner Association (HOA) board members?

Answers

Prevaling Parties - Attorney Fees Question: Can a unit owner seek reimbursement of attorneys fees and court costs under the Colorao Common Interest Ownership Act (CCIOA)?   Answer: Section 38-33.3-123(1)(c),(d),(e) C.R.S. states as follows: (c) In any civil action to enforce or defend the provisions of this article or of the declaration, bylaws, articles, or rules and regulations, the court shall award reasonable attorney fees, costs, and costs of collection to the prevailing party. (d) Notwithstanding paragraph (c) of this subsection (1), in connection with any claim in which a unit owner is alleged to have violated a provision of this article or of the declaration, bylaws, articles, or rules and regulations of the association and in which the court finds that the unit owner prevailed because the unit owner did not commit the alleged violation: (i) The court shall award the unit owner reasonable attorney fees and costs incurred in asserting or defending the claim; and (ii) The court shall not award costs or attorney fees to the association. In addition, the association shall be precluded from allocating to the unit owner's account with the association any of the association's costs or attorney fees incurred in asserting or defending the claim. (e) A unit owner shall not be deemed to have confessed judgment to attorney fees or collection costs.   Back to top Association Governance Question: Does the Colorado Common Interest Ownership Act (CCIOA) require Homeowner Associations (HOA) to adopt specific governance policies?   Answer: Yes. 38-33.3-209.5 C.R.S. states: (1) To promote responsible governance, associations shall: (a) Maintain accurate and complete accounting records; and (b) Adopt policies, procedures, and rules and regulations concerning: (i) Collection of unpaid assessments; (ii) Handling of conflicts of interest involving board members; (iii) Conduct of meetings, which may refer to applicable provisions of the nonprofit code or other recognized rules and principles;(iv) Enforcement of covenants and rules, including notice and hearing procedures and the schedule of fines; (v) Inspection and copying of records by unit owners; (vi) Investment of reserve funds; (vii) Procedures for the adoption and amendment of policies, procedures, and rules, and; (viii) Procedures for addressing disputes arising between the association and unit owners. (Effective January 1, 2006).   Back to top Executive Board Member Education Question: Does the Colorado Common Interest Ownership Act (CCIOA) provide provisions for the training and education of Homeowner Association (HOA) board members?   Answer: 38-33.3-209.6 C.R.S. Executive Board Member Education. The board may authorize, and account for as a common expense, reimbursement of board members for their actual and necessary expenses incurred in attending educational meetings and seminars on responsible governance of unit owners' associations. The course content of such educational meetings and seminars shall be specific to Colorado, and shall make reference to applicable sections of this article.   Back to top

This site is provided by Team Strategy, Inc.