Why do state legislatures support, promote and defend HOAs? Americans want to know why!
I have uncovered only one formal, legal and explicit statement of purpose and intent behind state legislators’ love of HOAs. I am not speaking of the anecdotal defense and propaganda by CAI and its stalwarts, but the legitimate general government interest of your state legislature. The one exception can be found in Colorado’s Revised Statutes, CRS 38-33.3-102 (2016)[i].
Please read the declaration of intent below and answer the following questions. You need not publish your answers if you do not wish to do so.
Q1. Overall, what do you see as the real intent of Colorado’s support of HOAs?
Q2. Do you believe that the Colorado statutes, UCCIOA, “is in the best interests of the state and its citizens”?
Q3a. Does Colorado’s economic prosperity depend “upon the strengthening of homeowner associations . . . with statutory assessment liens . . . enhancing the financial stability of associations by increasing the association’s powers to collect delinquent assessments, late charges, fines, and enforcement costs”?
Q3b. In other words, do HOAs rise to a level of national and Colorado security concern whereby the survivability of HOAs present “a clear and present danger,” warranting restrictions and prohibitions of constitutional protections?
Q3c. Let’s assume for a moment that HOAs do present a Colorado security concern in that the survivability of Colorado depends on the acceptance and survivability of HOAs. If so, then the imposition of “military rule” that suppresses fundamental rights and freedoms is justifiable.
Q4. Is this declaration’s assumption that HOAs provide safer loans and “a safer, more predictable basis because of standardized practices and prudent insurance and risk management obligations” valid?
I think advocate and the public should demand a response from their legislative leaders setting forth the WHYS. You have the right to know. And by asking, the state must reply.
[i] C.R.S. 38-33.3-102 (2016)
38-33.3-102. Legislative declaration
(1) The general assembly hereby finds, determines, and declares, as follows:
(a) That it is in the best interests of the state and its citizens to establish a clear, comprehensive, and uniform framework for the creation and operation of common interest communities;
(b) That the continuation of the economic prosperity of Colorado is dependent upon the strengthening of homeowner associations in common interest communities financially through the setting of budget guidelines, the creation of statutory assessment liens, the granting of six months’ lien priority, the facilitation of borrowing, and more certain powers in the association to sue on behalf of the owners and through enhancing the financial stability of associations by increasing the association’s powers to collect delinquent assessments, late charges, fines, and enforcement costs;
(c) That it is the policy of this state to give developers flexible development rights with specific obligations within a uniform structure of development of a common interest community that extends through the transition to owner control;
(d) That it is the policy of this state to promote effective and efficient property management through defined operational requirements that preserve flexibility for such homeowner associations;
(e) That it is the policy of this state to promote the availability of funds for financing the development of such homeowner associations by enabling lenders to extend the financial services to a greater market on a safer, more predictable basis because of standardized practices and prudent insurance and risk management obligations.