Q: illegal HOA formed asks for assessments for years via mail, has filed policies to collect. Are there CRS to protect us?
Association formed without the consent or vote of any kind in our subdivision, now they have an attorney that will cause burden on us all, many people have tried to rid our subdivision of this fraudulent POA without success. Most people move out rather than deal with them.
A:
You will need to contact a local attorney who can review all the materials related to the HOA. You are correct that HOAs usually must be empowered via a prior contractual agreement. This usually occurs with the first sale from the builder and continued with every subsequent purchaser. A post-fact creation of a HOA is possible, but very rare because it would require all applicable homeowners amending their deeds to include a provision for the HOA. Some HOAs are dormant, but can subsequently become empowered at a later time (which may have occurred in your situation).
If the HOA is legal, there are very limited legal protections afforded homeowners. Colorado is very generous to HOAs and generally treats association rules (no matter how silly) like the rules of private clubs (i.e. if you don't like it, leave). Barring overt discrimination against protect classes (race, gender, national origin) or direct violation of state or local laws, a HOA has theoretically unlimited powers.
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