Question Are Gunbarrel Green HOA dues mandatory? Is Gunbarrel Green HOA even legal? Mouse click to advance slides

Background: The Homeowners Association was granted a Certificate of Incorporation as Gunbarrel Green Homeowners Association on 06/11/1985. At that time the Gunbarrel Green Covenants dated 03/15/1967 were in effect (as amended on 01/06/1970 to allow for the church). These covenants expired in 1988. The covenants (Section 15) provided for the transfer of control to an Association approved by 60% of the lot owners with the condition that the Architecture Committee remain in place and that each lot owner would be a member and provided one vote. Section 15 also stated that “Such relinquishment must be accomplished by recording a declaration of such relinquishment in the office of the County Clerk and Recorder of said County of Boulder.” No where in the covenants was an annual lot owners fee identified.

More The Homeowners Association Articles of Incorporation are dated 06/10/1985 and are issued only in the name of John S. Carroll. I cannot find the document of relinquishment by East View. Assuming that the relinquishment occurred, it would have then required a 60% vote of the lot owners for acceptance of the Association. I have asked the Association for the documentation validating the above but they have not been able to provide it to me.

The answer is “NO” Although the Gunbarrel Green Homeowners Association is registered as a not-for-profit organization within Colorado, it has not meet the requirements necessary to validate its existence after filing. In it’s current state, it is falsely imposing itself on the residents of Gunbarrel as a mandatory controlling organization. This fraud includes the mandating of dues on each homeowner which it has no authority to do. Fraud: deception; deceit; trickery (in law) An intentional perversion of truth to induce another to part with some valuable thing belonging to him, or to surrender a legal right. In

The Homeowners Association Certificate of Incorporation as Gunbarrel Green Homeowners Association is dated 06/11/1985. The by-laws provided to me by the HOA Management is dated 05/13/2000. The by-laws specify a dues of $25.00. Why are the Certificate of Incorporation and By-laws not up on the web site? I do not have a copy of the covenants in effect from 1988 to 1997 but I believe the only change to the 1967 covenants was the dropping of Section 20 on annexation into the City of Boulder. Finally, the current covenants does not state that a homeowners fee is mandatory, only that it is required to vote. This in itself implies that it is not mandatory.