Question:
HOA is not enforcing the no VRBO rules. Brand new built homes, in a brand new community, and for the past year various homeowners have informed the HOA about at least 4 VRBO houses and they still have not done anything and it’s ongoing.
– Joseph
Answer:
First, make sure to review the rental restrictions of your association. There may be loopholes that allow homeowners to use VRBO and other rental sites. Keep in mind that HOAs in Colorado cannot restrict short-term rentals unless their declaration specifically allows such a restriction.
If you conclude that the HOA really isn’t enforcing the rules, you should call this to the attention of your HOA board. Approach the board or bring this up at the next board meeting. It’s a good idea to come prepared, so bring a copy of the governing documents and point out the provision in violation.
Keep in mind that board members have a duty to enforce the rules of the association. If your board isn’t doing its job well, you might consider removing the problem board member/s.
Section 38-33.3-303(8) of the Colorado Common Interest Ownership Act discusses the process for removing board members. It states that “Notwithstanding any provision of the declaration or bylaws to the contrary, the unit owners, by a vote of sixty-seven percent of all persons present and entitled to vote at any meeting of the unit owners at which a quorum is present, may remove any member of the executive board with or without cause, other than a member appointed by the declarant or a member elected pursuant to a class vote under section 38-33.3-207(4).”
Your bylaws may also contain additional requirements and procedures for removing a board member.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
