Question:
Hello,
I work for an association in Colorado, and would like to know if there is a health and safety violation, and we give the owners 72 hours to cure the violation with notice, and the association completes the work (again, health and safety concern), can we charge the homeowner the cost of the work?
Thank you in advance for your help!
– Samantha
Answer:
Hi Samantha,
According to the Colorado Common Interest Ownership Act Section 38-33.3-209.5(1)(b)(II)(B), if the homeowner has not cured the violation that threatens public health and safety within 72 hours after receiving notice, the HOA may impose fines on the owner every other day and take legal action (without pursuing foreclosure based on fines owed).
However, the section does not seem to address whether the HOA has the authority to cure the violation itself and charge the homeowner for the cost of work. Kindly check the governing documents to verify whether the HOA has this right. It may also be wise to consult a lawyer for further guidance.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
