Hiwan Sixth Filing HOA

Validity of Elections (Part 1)

Posted in: Evergreen Park Estates
I've had numerous email discussions with other property owners in EPE regarding this subject, and wish to post it in the public forum. I'm sorry that I cannot attend the meeting Thur, but hope that my input here can serve some good. After many inquiries, I've been unable to locate any documents establishing the HOA as a binding authority on EPE property owners, if those owners decide they don't belong to the HOA. No HOA officers have been able to provide such, no search of county and state records has turned up anything other than a corporation filing in 1989 with the state of CO. But no records exist (that I'm aware of) showing that a majority of property owners approved the incorporation and establishment of the HOA, and that said organization will represent all EPE owners. I'm not an attorney, but it seems to me that from a legal standpoint, any actions the HOA decides to take against property owners (such as liens or assessments) are non-binding if said property owner chooses not to join the HOA. Additionally, if CCC members are voted in by a select group of property owners (dues paying vs a majority of all present), I'm afraid it could be argued the committee doesn't have legal standing to pursue actions against covenant violators.
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