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Subject: Adding State HOA rules for information
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Author Messages
LarryE3
(Colorado)

Posts:39


01/06/2021 9:22 AM  
I am in Colorado and am on the Board for a small HOA community. I understand that state HOA laws passed supersede local CCRs. For example, our CCRs say you can't run a business out of your home, but the CO legislature just past a law stating HOA's can't prohibit a Child care business.

Given this is there a recommended way that we can create a document of these kinds of state level changes without having to formally change the CCRs each time the state changes? Kind of like added a codcile to a legal document so you don't have to go back to the lawyer?

Thanks in advance!

AugustinD


Posts:4843


01/06/2021 9:36 AM  
Posted By LarryE3 on 01/06/2021 9:22 AM
I am in Colorado and am on the Board for a small HOA community. I understand that state HOA laws passed supersede local CCRs. For example, our CCRs say you can't run a business out of your home, but the CO legislature just past a law stating HOA's can't prohibit a Child care business.

Given this is there a recommended way that we can create a document of these kinds of state level changes without having to formally change the CCRs each time the state changes?
This question comes up a lot here. I know of no requirement to formally change CC&Rs that have become outdated on account of recently passed legislation or possibly, case law.

Do confirm that the applicability section of any new statute does indicate apllication to your HOA. Often new HOA legislation is applicable only to HOAs established after a certain date.

Is there a publication the Board could put out to clarify things? I think one approach would be for the Board to add to the existing rules and regulations a rule stating that, "Pursuant to statute ____ , enacted after the establishment of this HOA but applicable to this HOA, child care businesses are no longer prohibited."
SheliaH
(Indiana)

Posts:3670


01/06/2021 10:29 AM  
In addition to checking with your Ssoviation about this, you may also want to check local ordinances, as I'm sure there are a number of requirements regarding licensing of at home child care centers. Those requirements alone may be enough to prevent homeowners from running such a business out of their homes

And reread the state statute for any language addressing centers for infants as opposed to gocdlers about to go to kindergarten. The state might have said infant care is fine as long as the number of kids don't exceed a certain number
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