Friday, June 20, 2003

Colorado Supreme Court says HOA can force people to join and tax them
Here's a summary of the case, from Patrick Randolph's DIRT-L list:
Supreme Court of Colorado,
En Banc.
EVERGREEN HIGHLANDS ASSOCIATION, a Colorado non-profit corporation,
Petitioner,
v.
Robert A. WEST, Respondent.
No. 02SC242.
June 16, 2003.

Subdivision lot owner sought declaration that amendment to restrictive
covenants requiring membership in homeowners association and assessing
mandatory dues was invalid. The District Court, Jefferson County, Tom
Woodford, J., entered judgment for homeowners' association. Owner appealed.
The Court of Appeals reversed and remanded, 55 P.3d 151 (2001). After grant of
certiorari, the Supreme Court, Rice, J., held that, as a matter of first
impression: (1) modification clause in covenants which stated owners "may
change or modify any one or more of said restrictions" was expansive enough to
allow adoption of new amendment, and (2) homeowners association, as common
interest community by implication, had implied power to collect assessments.
Reversed and remanded.

This looks like a major case and I will have more to say about it after I have read it more carefully.

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