CCIOA defines an “impartial decision maker” as “. The impartial factfinding process can be informal. However, at a minimum, the owner must be given notice and an opportunity to be heard before an impartial decision maker prior to the fine being imposed. Many HOAs make the mistake of imposing a fine without first providing the alleged violator with notice and an opportunity to be heard.(2) The policy includes a fair and impartial factfinding process to determine: (1) whether the violation actually occurred, and (2) whether the owner of the unit is the individual who should be held responsible for the violation. (1) The association has adopted, and follows, a written policy governing the imposition of fines (this is one of the 9 required “SB 100 Policies”) and HOAs in Colorado may not impose a fine unless:.38-33.3-209.5(2), addresses the parameters that HOAs must comply with prior to imposing a fine. Here’s what you need to know: The Colorado Common Interest Ownership Act (“CCIOA”), at C.R.S. unless you are a community association manager or board member in a homeowners’ association (“HOA”) dealing with violations of covenants, rules and regulations or architectural guidelines. It can be extremely frustrating to receive constant complaints on alleged violations, to send out letters to owners informing them of a violation and requesting their compliance – only to be repeatedly ignored. Sometimes the only option left is to “motivate” these individuals to come into compliance by the imposition of a fine. But before a fine is imposed, make sure that your HOA is compliant with Colorado law.
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