U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > U.S. Forums > Colorado
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 11-09-2015, 02:22 PM
 
1 posts, read 1,346 times
Reputation: 10

Advertisements

I am looking to see if there is a limitation to collect back HOA payments & late fees in the state of CO. Can anyone tell me if there is one, if so, how far back may I go as a new owner of the HOA for someone that owes years worth of HOA dues.
Reply With Quote Quick reply to this message

 
Old 11-09-2015, 03:13 PM
 
Location: Na'alehu Hawaii/Buena Vista Colorado
4,875 posts, read 9,619,939 times
Reputation: 4942
Usually if enough money is owed the HOA will file a lien against the property.

I'm not totally sure I understand your question -- are you a new owner looking to purchase a property that has unpaid HOA fees? Or are you a new owner on the HOA Board?
Reply With Quote Quick reply to this message
 
Old 11-09-2015, 04:34 PM
 
1,059 posts, read 1,635,035 times
Reputation: 1928
HOAs are regulated by the dept of state in Colorado:

https://www.colorado.gov/pacific/dor...esource-center
Reply With Quote Quick reply to this message
 
Old 11-09-2015, 11:45 PM
 
2,818 posts, read 3,333,777 times
Reputation: 3015
There has to be at least 6 months worth of assessments in arrears and the HOA must initiate action to enforce the assessment lien within 6 years.
Colo. Rev. Stat. 38-33.3-316(5).
Reply With Quote Quick reply to this message
 
Old 11-10-2015, 02:18 PM
 
5,048 posts, read 6,900,962 times
Reputation: 4146
Quote:
Originally Posted by Judy Larson View Post
I am looking to see if there is a limitation to collect back HOA payments & late fees in the state of CO. Can anyone tell me if there is one, if so, how far back may I go as a new owner of the HOA for someone that owes years worth of HOA dues.
Yes, I don't understand either. Instead of new owner of the HOA do you mean new owner IN the HOA? Or do you mean new president of the HOA? If you're just a regular resident, you can't personallly go after a former neighbor who hasn't been paying.

Maybe you mean you own a home and the former owner of the home didn't pay. But that debt doesn't pass to the next owner.

Where's the icon for scratching my head. Hmmm....not the head slapping one, I have an allergy headache already. Oh,maybe the one that looks like it's thinking...
Reply With Quote Quick reply to this message
 
Old 11-11-2015, 07:36 AM
 
2,818 posts, read 3,333,777 times
Reputation: 3015
Quote:
Originally Posted by cully View Post
Yes, I don't understand either. Instead of new owner of the HOA do you mean new owner IN the HOA? Or do you mean new president of the HOA? If you're just a regular resident, you can't personallly go after a former neighbor who hasn't been paying.
Actually, any owner can sue to enforce restrictive covenants.

Quote:
Originally Posted by cully View Post
Maybe you mean you own a home and the former owner of the home didn't pay. But that debt doesn't pass to the next owner.
That's a misleading statement. Although the new owner does not have in personam (i.e., personal) liability for the former owner's debt, the property that the new owner just purchased is security for the old owner's debt. The HOA can foreclose on the new owner (divesting the new owner of ownership of the property) because there is in rem liability for the debt. The only way the new owner can prevent that is to pay off the debt allegedly accrued by the former owner. If the new owner obtained title insurance, the title company will typically identify that debt as an exception to title coverage in the commitment prior to closing. If the new owner objected to the exception the debt would have had to get settled at closing. If the new owner obtained a title policy and there was no exception, then the new owner has a claim to pursue with the title company.
Reply With Quote Quick reply to this message
 
Old 11-11-2015, 01:37 PM
 
5,048 posts, read 6,900,962 times
Reputation: 4146
Quote:
Originally Posted by IC_deLight View Post
Actually, any owner can sue to enforce restrictive covenants.



That's a misleading statement. Although the new owner does not have in personam (i.e., personal) liability for the former owner's debt, the property that the new owner just purchased is security for the old owner's debt. The HOA can foreclose on the new owner (divesting the new owner of ownership of the property) because there is in rem liability for the debt. The only way the new owner can prevent that is to pay off the debt allegedly accrued by the former owner. If the new owner obtained title insurance, the title company will typically identify that debt as an exception to title coverage in the commitment prior to closing. If the new owner objected to the exception the debt would have had to get settled at closing. If the new owner obtained a title policy and there was no exception, then the new owner has a claim to pursue with the title company.
Oy
Reply With Quote Quick reply to this message
 
Old 11-11-2015, 01:45 PM
 
5,048 posts, read 6,900,962 times
Reputation: 4146
Originally Posted by cully View Post
Yes, I don't understand either. Instead of new owner of the HOA do you mean new owner IN the HOA? Or do you mean new president of the HOA? If you're just a regular resident, you can't personally go after a former neighbor who hasn't been paying.



[quote=[B]IC_deLight;41888420]Actually, any owner can sue to enforce restrictive covenants.[/b]

It's my experience as far as obeying hoa rules the owner might sue the hoa corporation to perform appropriately as they see fit, but not the neighbor. The corporation then decides whether to do their job of management and fiduciary care and starts the process against the neighbor as listed in the documents. The idea here being a neighbor doesn't really have the right to another neighbor's fees but the hoa corporation does....as per the hoa docs.

Last edited by cully; 11-11-2015 at 01:47 PM.. Reason: removed an errant letter "l"
Reply With Quote Quick reply to this message
 
Old 11-11-2015, 01:50 PM
 
5,048 posts, read 6,900,962 times
Reputation: 4146
Quote:
Originally Posted by IC_deLight View Post
Actually, any owner can sue to enforce restrictive covenants.



That's a misleading statement. Although the new owner does not have in personam (i.e., personal) liability for the former owner's debt, the property that the new owner just purchased is security for the old owner's debt. The HOA can foreclose on the new owner (divesting the new owner of ownership of the property) because there is in rem liability for the debt. The only way the new owner can prevent that is to pay off the debt allegedly accrued by the former owner. If the new owner obtained title insurance, the title company will typically identify that debt as an exception to title coverage in the commitment prior to closing. If the new owner objected to the exception the debt would have had to get settled at closing. If the new owner obtained a title policy and there was no exception, then the new owner has a claim to pursue with the title company.
It's my experience that if there is debt that the settlement company did not find out about from the hoa corporation and the buyer then settled it should not be the buyer's fault. There are others to sue.
Reply With Quote Quick reply to this message
 
Old 11-11-2015, 02:53 PM
 
Location: Na'alehu Hawaii/Buena Vista Colorado
4,875 posts, read 9,619,939 times
Reputation: 4942
Interesting that we're all having this lively discussion, and have heard nothing from the OP since she posted two days ago.

Judy, are you here?
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:


Options
X
Data:
Loading data...
Based on 2000-2016 data
Loading data...

123
Hide US histogram

Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > U.S. Forums > Colorado
Similar Threads
View detailed profiles of:
Follow City-Data.com founder on our Forum or

All times are GMT -6. The time now is 10:29 AM.

2005-2019, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 - Top