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Question & Answer
Q: What vote is required to establish a new set of Covenants in a community?
A: In order to subject a lot within a community to a set of Covenants where none currently exists, you must have the consent of each lot owner to bind their property to the Covenants. This can certainly be done over time with more and more lots being added as additional consents are obtained. If there are existing Covenants, they may be amended to add new or different provisions as set forth in the existing Covenants. If the existing Covenants are silent it would require 67% of the owners to amend pursuant to C.R.S. 38-33.3 - .
Q: We are developer controlled but the developer doesn’t pay dues on lots it holds and still owns common elements. Can the developer vote on the association budget and who should maintain the common elements owned by the developer?
A: Developers in communities created after July 1, 1992 must be treated like owners. Therefore, if the lots the developer owns are bound by the recorded Declarations then the developer would have all rights and obligations as a lot owner including the right to vote on the budget and the obligation to pay assessments. As to the maintenance responsibility for common elements, it would generally not be responsible for the maintenance of the area owned by the developer, unless the governing documents for the community provide otherwise.
[PRINTER FRIENDLY VERSION]
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Education Forums
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Lunch Forums
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April 6
Can You Solve Your Parking Issues?
12:00 - 1:30 PM
Arvada Office
5610 Ward Road
Suite 300
(1 mile north of I-70)
May 4
Is Restricting Renters The Answer?
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Suite 300
(1 mile north of I-70)
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March 14
Success Basics for Board Members
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5610 Ward Road
Suite 300
(1 mile north of I-70)
March 16
Success Basics for Board Members
6:00 - 9:00 PM
Fort Collins Office
4703-A Boardwak Drive
April 13
Successful Covenant and Rule Enforcement
6:00 - 9:00 PM
Arvada Office
5610 Ward Road
Suite 300
(1 mile north of I-70)
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