Whitsitt Gross Rowberry LLC Attorneys

WHITSITT GROSS ROWBERRY LLC 
          

Carbondale Office  970-963-6363

Eagle Office   970-328-5553  

Carbondale Office  970-963-6363

Eagle Office   970-328-5553  

Effective and Experienced Home Owner Association Representation 

Whitsitt Gross Rowberry is one of the valley’s leading law firms with respect to community association representation. We are experienced in formation, transition, land use, governance, collections, governing documents, enforcement and other HOA practice areas. There have been several recent and important changes to the Colorado Statutes regarding the management and operation of Homeowner’s Associations and requirements for sellers of common interest community property.

HOA Board members should regularly review the rules, policies and procedures that are required to be in place. Some of these rules may make it necessary to amend the HOA policies, Bylaws and/or Covenants to insure compliance with the statutes. We will be happy to review your current governing documents and/or send you (without charge) a copy of the most recent laws and regulations by e-mail, or regular mail. Please contact Eric Gross at 970-963-6363 to request a copy. 

Need more information about Colorado HOAs? Please visit our Resources page. 

We have outlined some (but not all) of the additions and changes to the common interest community act below:

HOA Annual Notice and Information Requirements

Pursuant to CRS Section 38-33.3-209.4, most HOAs are required to provide owners with a public disclosure within 90 days after the end of each fiscal year, by website or otherwise, of the following information:
  • The date the fiscal year commences
  • Operating budget for current fiscal year
  • A list, by unit type, of the current assessments
  • Annual financial statements for the last fiscal year
  • Results of any financial audit or review for the last fiscal year
  • A list of all association insurance policies, including the name of all insurance companies, policy limits, deductibles, additional named insureds, and expiration dates
  • Bylaws, articles and rules and regulations of the HOA
  • Minutes of the board and member meetings for the last fiscal year
  • The HOA’s governance policies adopted under Section 38-33.3-209.5.
  • Required Policies and Procedures  - HOAs are required to maintain their records in accordance with General Association Accounting Procedures and to adopt governance policies and procedures regarding operations of the HOA. (CRS Section 38-33.3-209.5)

Limits on HOA Rules and Regulations 

HOAs are prohibited from restricting installation or use of drought tolerant landscaping and xeriscaping (C.R.S Section 37-60-126). HOAs may not prohibit the following:
  • display of the American or service flags;
  • display of political signs; 
  • parking of volunteer fire or emergency service motor vehicles, if the vehicle is required to be available as a condition of the resident’s employment; 
  • removal by owners of vegetation to create space around their dwelling for fire mitigation procedures; and
  • replacement by unit owners of cedar shakes with nonflammable roofing materials. 
(C.R.S. Section 38-33.3-106.5)

Contact us with any questions or if you require and assistance with implementing the requirements of changing laws.