⚖️ Pillar 3: Ultra Vires Board Actions

The board exercises powers it was never granted — acting beyond its legal authority

The "Thereon" Limitation

CVHOA Bylaws, Article VII §1(a)"The Board of Directors shall have the powers and duties necessary for the administration of the affairs of the Association...including but not limited to the following: Operation, care, upkeep, and maintenance of the Common Area and facilities, and personal conduct thereon."

Critical Word: "Thereon" — This means "on the common area." The board's authority extends to common areas and behavior on common areas. It does not extend to regulating what you do inside your home, in your yard, or on your private lot — unless the Declaration itself specifically grants that authority.

Pre-1992 CCIOA Limitation

CRS §38-33.3-117 — Applicability to Pre-Existing CommunitiesCVHOA was created in 1984 — 8 years before CCIOA. Under §117, Section 303(1)(a) — which many boards cite for broad rule-making authority — does NOT apply to pre-1992 communities.

This means the board cannot claim CCIOA grants them general rule-making power. Their authority is limited to the original 1984 governing documents.

Authority Analysis

Board Action	Bylaws Authority?	Status
Common area maintenance	Yes — "Common Area"	✅ Authorized
Behavior rules on common areas	Yes — "thereon"	✅ Authorized
Parking rules on private driveways	No — private property	❌ Ultra Vires
Banning short-term rentals	No — use restriction	❌ Requires 67% Vote
Home business prohibition	No — CCIOA §106.7	❌ Ultra Vires + Preempted
Architectural standards (unpublished)	Debatable	⚠️ Requires published standards
Creating fines by resolution	Not granted	❌ Ultra Vires
Neighborhood pantry policy	No — not common area	❌ Ultra Vires