Q: I bought a house in my name as I could get a better rate than with my husband on the loan.

A: By default under Colorado law, property purchased by a single spouse (or titled/deeded to only one spouse) is jointly owned by the spouses (unless a prenuptial applies). In short you are correct, your husband should meet the 2 yr residency requirement whether or not he is on the deed.

As for the HOA, they are essentially treated like private clubs. This means that HOA can have some really, really silly rules and the courts generally do not interfere. Probably (even here I would not assume this is true unless you are will to appeal to the State Supreme Court), discrimination of the protected classes of race, gender, national origin, etc. cannot be restricted... Colorado courts generally give a wide discretion to HOAs.

Turning to the management company, you as a member of the HOA should have a right to access some/all of the financials of the HOA. Usually the method of requesting information is found in the HOA agreement. Absent this, the president, treasure or management board should have the information (do not be surprised if no one seems to know where this information is...).

You may need a real estate attorney to assist you.

A: I agree with Tristan. Just three other thoughts: First, the Declarations for the project likely contain a list of definitions and provisions concerning who is an owner, etc. So while the general law operates as Tristan describes to treat both you and your spouse as joint owners, the HOA documentation might try to define "owner" differently.

Second, the micro-politics of an HOA can be like those of a junior high student council to those of a presidential election. And it can be worsened by the fact that the board has the budget to hire attorneys when they think an owner is making too much trouble. On the other hand, they do have to stand for election and if there is significant concern shown in an issue by a broad range of owners, they are usually quite responsive to it. So, often a better approach in addressing questions about managment, fees and audits is to contact your neighbors and be speaking for the group when you raise issues as opposed to being singled out as a rabble rouser. That said, the Declarations or CC&Rs as they are sometimes called, will have specific provisions about information each owner must be given if requested.

Third, if you and your spouse are in a protected class based on race, ethnicity, sexual orientation, etc., and this is something where you are being treated differently from other couples who are similarly situated, that is another issue to consider.

I'd suggest you review the HOA documents and perhaps ask an attorney for an 1 hour consultation on your rights for a fixed fee. If you come with specific questions and have highlighted the key provisions of the documents, you should be able to get some good guidance for a few hundred dollars.

Good luck.