We are one of 100 owners of 1 acre lots on a 940 acre ranch in Colorado with 840 acres of common area. We are planning to build on our lot but there is a strong potential for rockfall originating above our property which is common property within the ranch area. What responsibility does the HOA have to mitigate this rockfall potential?
The answer to your question will be governed by the HOA bylaws or covenants.
The likely answer is that the HOA has liability. Does the HOA have insurance? Is there an active HOA Board of Directors? Does the HOA assess dues and have operating money?
You should contact an attorney to discuss this issue with directly and allow him or her to review all the facts and associated documents.
Good Luck!
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