Dave,
In 2020, we moved into a very nice neighborhood, as I was transferred from Wyoming. After moving in, we found that the homeowners association was operating and “very active” in the neighborhood.
They are monitoring every move we make and I received a terse letter pointing out a couple of violations that if not addressed within three weeks would result in a daily fine. We were aware that there was a homeowners' association when we purchased the home but were not aware that they would monitor our every move. We never received a copy of the Covenants prior to our purchase, however, the homeowners association provided a copy after we moved in. We are not happy with all the restrictions in the neighborhood and are feeling very frustrated as this is not, at all, similar to our old neighborhood in Wyoming. Any advice would be helpful.
Thanks,
— Mark & Monica
Mark & Monica,
Unfortunately, this sounds all too familiar, especially for people who are moving from a more rural area or an area that does not have an abundance of homeowners' associations. An HOA is designed by the developer to ensure the long-term value and “appeal” of the neighborhood. To maintain a consistent product, there have to be rules in place that guide builders on how to build, which is typically done in the architectural controls of a neighborhood and the covenants spell out what is and is not allowed within the neighborhood after the home is built and the new owners have moved in. The covenants are there to protect your value and ensure the “look” of your neighborhood, and generally are considered a good thing. As with all things, people can take things too far and this is generally where the trouble begins.
There is no doubt you should have received copies of all the covenants, architectural controls, minutes of the HOA meetings for the past year, annual budget, income and balance sheets for the HOA during the contract phase of your purchase. These disclosures are a part of Colorado’s real estate contracts. During the contract phase, you should have also been instructed to read them, and at The Kimbrough Team, we always get written acceptance of such documents. You might look through your records, if you have not already done so, and make sure you did not receive them. The covenants and architectural control are typically included with the Title Work you get from the title company during your transaction.
At this juncture, I do not believe you have many options other than to comply. It is common that fines are levied if problems are not resolved in a timely fashion, as it would prove difficult to get compliance without some amount of monetary fine. If you moved from a neighborhood without or with limited covenant restrictions, then I can see where you could be suffering from “culture shock” and unhappy with your current situation. Remember, if the covenants were not in place, it would open the door to a free-for-all and could potentially allow trash and old debris to remain on the property, and drive the values and the curb appeal of your neighborhood down.
I would recommend trying to find some middle ground with the HOA and working it out. A common theme with this column is communication. Communicate, respectfully, with the HOA, and I bet you will find they are open to working with you. Most HOAs are there to preserve the value, not with the intent to make your life difficult. Best of luck!
Dave Kimbrough
The Kimbrough Team
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