Q: Under CCIOA can you be grandfathered in and not pay dues if you own a lot prior to formation of association?
There was no HOA established when we purchased and we did not pay any dues as it was voluntary as stated in a letter to us in 1997 (2 years after purchase) as an association was formed and we were told it was voluntary. In 2006 we were told the association was under CCIOA and all homeowners were expected to pay dues, but the president verbally advised us no dues were required because we were grandfathered in due to purchasing before the formation of the association. We have never paid or gone to meetings as we are not members of the association and they are now stating that we owe for past dues and penalties for over 20 years. They are stating if we sell they will put a statutory lien on our lot covering 22 years.
Are we required to pay these back dues? Are we grandfathered in based on Colorado law?
A:
Whether or not you are part of the Association, and thus required to pay dues, will depend upon whether or not you have allowed your property to be encumbered by the HOA Covenants. If no - no dues. If yes, you'll be subject to all HOA rules including the assessment of dues.
If you are unsure whether or not your property is subject to dues or you believe the HOA is wrongfully attempting to assess dues against you, I recommend contacting an attorney to have the title to your property reviewed and possibly for the attorney to reject the Associations assertions on your behalf.
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