QUESTION
How does a "Road Association" differ from a "Homeowner's Association" regarding what they can/cannot pass for protective covenants??
Asked on Jun 14th, 2013 on Residential Real Estate - Colorado
More details to this question:
We bought a home last June in a very rural area of Colorado where the subdivision is 35+ acre plots. A "Road Association" was developed in 1978 to improve the roads. Over the years they have progressively created covenants that have absolutely nothing to do with roads. They developed an Architectural Control Committee and are now trying to pass some extremely restrictive architectural covenants to further control residents. Dues is only paid for road maintenance. Is this legal since they are not a formal HOA? Do they have any legal leg to stand on for any of the covenants that exist outside of issues specifically relating to the road?
1 ANSWER
3 Awards
This is a very interesting question that you pose. The answer is, that I would have to review the charter or constitution of the association and the records of how amendments were passed. There is a good chance that they are exceeding their powers but the only way to know is after reviewing the documents.
I offer a free consultation if you would like to discuss how I may be able to help you and you neighbors.
Don Eby
303-688-0944
Answered on Jun 14th, 2013 at 3:55 PM
Call Don at (303) 688-0944 or email at Reception@RobinsonandHenry.com This information is provided AS IS; and does not create Client Relationship.