QUESTION

What are covenant Statute of Limitations (SoLs) for HOAs that are not subject to the CCIOA (C.R.S. 38-33.3)?

Asked on Aug 28th, 2014 on Residential Real Estate - Colorado
More details to this question:
My HOA Declaration: ยฟPursuant to C.R.S. 38-33.3-116, the Association ยฟ shall be subject only to C.R.S. 38-33.3-105 to 38-33.3-107, and no other sections of said Article 33. ...the annual average common expense assessment of each Tract or Lot ยฟ shall never exceed $400.00 per year. Referenced Section of CCIOA: 38-33.3-116 (2) ...If a planned communityยฟ provides, in its declaration, that the annual average common expense liability of each unit restricted to residential purposes ยฟ may not exceed four hundred dollars ยฟ it is subject only to sections 38-33.3-105 to 38-33.3-107, unless the declaration provides that this entire article is applicable CCIOA SoLs: 38-33.3-123 (2) Notwithstanding any law to the contrary, no action shall be commenced or maintained to enforce the terms of any building restriction ยฟ unless the action is commenced within one year from the date from which the person commencing the action knewยฟ So we have no SoLs? Are there others that apply?
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1 ANSWER

Litigation Attorney serving Castle Rock, CO
3 Awards
Yes statute of limitations do apply outside of CCIOA, the duration depends upon the issue. 
Answered on Aug 29th, 2014 at 12:47 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.

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