Law Vs. Rules

LAW vs. RULES

When considering the law vs. “rules” in regards to community associations, it is helpful to understand who is really in charge. It was just reaffirmed in a local HOA/POA meeting at Teller County Sheriff’s Office last month, by Sheriff Jason Mikesell, that they do not enforce any community association rules – period. They do not enforce property owners associations or home owner association rules, only local State, County, and Federal law.

Rules & Regulations of HOA’s

However, in managing an association, there are legal obligations. As well as laws that board members must follow, respect, and consider. By those who take on the responsibility of owning and operating a housing community association. The bottom line is, associations should never be allowed to supersede the Law of the Land. Or take away an individuals Constitutional Rights. The HOA must follow governing agencies, and laws.

The reason there is such a major issue with ROGUE ASSOCIATIONS is due to lack of resources by governing agencies, such as DORA at this time. And the unawareness of residents as to the “going on” behind closed doors. This is changing though, and very rapidly. More and more attention and awareness is taking place. As more homeowners are putting their foot down to unscrupulous, unlawful, and unethical activity of these kind of associations.

Some examples of wrong doing

1. NOT IN GOOD PRACTICE

To deceive Homeowners by not following the rules

2. NOT IN GOOD FAITH

To deceive Homeowners by not telling the truth

An association formed without the majority support or 100% participation by homeowners, then it’s simply a voluntary association, or non-mandatory association – period. In other words homeowners have a choice to join or not . Without force from a small group wanting to extort money against their will from innocent individuals or placing spurious liens on their property.

DOCUMENTS

Below are some documents regarding the LAW. Respectively, how associations must carry out management and properly document and handle record keeping. This pertains to both VOLUNTARY and mandatory associations. These documents are in PDF format which you can view and download at your convenience.