1 Right to Inspect Records → Pillar 4
CRS §38-33.3-317The association shall make all records available within 10 business days. Failure: $50/day penalty plus attorney fees. No justification required.
This covers: financial records, minutes, contracts, membership lists, insurance policies, correspondence, lien records, and governing documents.
🚩 CVHOA ViolationPresident Ugarte responded to a 2026 records request: "No further communication on this subject is required or desired." 12 procedural failures documented. The penalty clock is ticking.
✅ ActionUse our
Records Request Generator to submit a properly formatted request. Document the date. The $50/day penalty starts at day 11.
2 Financial Transparency → Pillar 1
CRS §38-33.3-303(4)The association shall maintain financial records per GAAP. Annual financial audit or review required and results made available to owners.
🚩 CVHOA Violation267% assessment increase ($24→$88) with no independent audit, no reserve study, and contractor self-dealing questions. $72 assessment voted in executive session.
3 Due Process Before Fines → Pillar 7
CRS §38-33.3-315(6) & §209.5Written notice of specific violation required. Opportunity to be heard before any fine. Hearing not less than 30 days before fine takes effect. Published standards required.
🚩 CVHOA ViolationNo published architectural standards. No formal appeals process. Board members who write rules also enforce them and serve as legal counsel. Eric Hunter had to attend a meeting just to learn the process.
4 Vote on Major Changes → Pillar 2
Declaration Art. VI §3 / CRS §38-33.3-217(4.5)Covenant amendments: 75% (446 owners). Articles: 85% (506). Use restrictions (e.g., STR bans): 67% (399).
🚩 CVHOA ViolationBoard adopts binding "resolutions" by 3-5 votes creating rules that function as amendments. Four parking resolutions adopted without any owner vote.
5 Limits on Board Authority → Pillar 3
Bylaws Art. VII §1(a)Authority limited to: "Common Area and facilities, and personal conduct thereon." "Thereon" = on the common area only.
🚩 CVHOA ViolationBoard regulates private driveways, home businesses, architectural changes on private property, and more — all beyond the "common area...thereon" grant.
6 Nine Mandatory Governance Policies → Pillar 8
CRS §38-33.3-209.5Required: (1) Collections, (2) Conflicts of interest, (3) Meetings, (4) Enforcement/due process, (5) Records, (6) Reserves, (7) Rule adoption, (8) Dispute resolution, (9) Board conduct.
🚩 CVHOA ViolationNo evidence of full compliance. No conflict-of-interest policy despite attorney-board members. No published dispute resolution procedure. No reserve fund or investment policy.
7 Right to Attend Meetings → Pillar 8
CRS §38-33.3-308Board meetings must be open. Reasonable notice required. No final action in executive session. Minutes must be available.
🚩 CVHOA ViolationMeetings held in board members' living rooms. Minutes sanitized to remove names. Assessment increase discussed in executive session.
8 Lien & Foreclosure Protections → Pillar 6
CRS §38-33.3-316(10.8) — 2024 Reform30 days' notice before foreclosure. Right to request mediation. DORA resources must be provided. Notice in preferred language.
🚩 CVHOA Violation19+ liens, 3 foreclosures. Attorneys Schmidt and Patin notarize each other's lien documents. Covenants waive homestead exemption.
9 Right to Home-Based Business → Pillar 5
CRS §38-33.3-106.7HOA must permit home businesses that are: lawful, non-nuisance, governmentally compliant, and consistent with residential character.
🚩 CVHOA ViolationBoard stated "cannot condone" home businesses while attorneys Schmidt and Patin operated law practices from their CVHOA homes. "Historically we look other way."
10 Pre-1992 Community Protections → Pillar 3
CRS §38-33.3-117CVHOA (est. 1984) predates CCIOA by 8 years. §303(1)(a) broad rule-making authority does NOT apply. Board authority limited to original 1984 documents.
Key provisions that DO apply: §317 (records), §209.5 (governance policies), §316 (liens), §217(4.5) (67% for use restrictions), §106.7 (home businesses), §124 (ADR).
11 Right to Consistent Enforcement → Pillar 5
HOAs must enforce covenants uniformly. Selective enforcement, waiver, and estoppel are legal defenses. If the HOA allows some to violate while penalizing others, the penalized owner may challenge enforcement.
🚩 CVHOA ViolationAttorneys run businesses from homes while board "cannot condone" home businesses. Weeds enforced on Rockrimmon Blvd but ignored elsewhere. Contractor work benefits board members while HOA "can't spend on individuals."
12 CVHOA Compliance Scorecard
| Right | Law | CVHOA Status |
|---|
| Records access (10 days) | §317 | ❌ FAIL |
| Financial audit | §303(4) | ❌ FAIL |
| Due process | §315(6) | ❌ FAIL |
| Owner vote for changes | Art. VI §3 | ❌ FAIL |
| Board within authority | Art. VII §1(a) | ❌ FAIL |
| 9 governance policies | §209.5 | ❌ FAIL |
| Open meetings | §308 | ⚠️ PARTIAL |
| Proper lien procedures | §316 | ⚠️ PARTIAL |
| Home business rights | §106.7 | ❌ FAIL |
| Pre-1992 limitations | §117 | ❌ FAIL |
| Consistent enforcement | Common law | ❌ FAIL |
Result: CVHOA fails or partially fails on all 11 measured categories.
13 What You Can Do
Step 1Request Records — Use our
Records Request Generator citing CRS §38-33.3-317. The $50/day penalty clock starts at day 11.
Step 2Attend Meetings — Show up. Bring a friend. Take notes. Your presence changes the dynamic.
Step 3Document Everything — Keep copies of every letter, email, and notice. Build a paper trail showing patterns.
Step 4Challenge Ultra Vires Actions — Demand the specific Declaration provision authorizing any enforcement action.
Step 5Build a Coalition — 595 homes = 595 potential allies. Share this website with your neighbors.
Step 6Run for the Board — Board elections occur annually. Reform candidates can transform governance overnight.
Step 7Consult Legal Counsel — For liens or foreclosures, consult an attorney who doesn't live in or represent the HOA.
Key Resources
- Colorado HOA Information Office: dora.colorado.gov/hoa
- CCIOA: CRS Title 38, Article 33.3
- El Paso County Clerk & Recorder: Verified lien and declaration records