Trude Kleess, Attorney-at-Law

Legal Q&A

Q: I just purchased a new condominium. What does the homeowners association do, and what part do I have to play?

A: A homeowners association takes care of the “common elements”—those parts of the property you own in common with your neighbors: the landscaping, amenities, such as a pool, and common driveways. Each owner pays a monthly or quarterly fee which represents their share of the expense of maintaining these items. There may also be special assessments, for example, for painting the exterior of the buildings.

The Colorado Common Interest Ownership Act governs the management of homeowners associations. Each association has an executive board. Depending on how many units have been sold in the complex, the owners may or may not be entitled to elect members of the board. If they are not, the complex is still in what is called the “declarant control period,” meaning that the developer appoints the members of the executive board.