HOA Responsibility for Homeowner Education
One of the requirements of the Colorado Common Interest Ownership Act (“CCIOA”) is that the Homeowner Associations must provide education to its homeowners. C.R.S. § 38-33.3-209.7 states that the association shall provide education on the “general operations of the association,” as well as the “rights and responsibilities of owners, the association, and its executive board.”
What Does “Education” Entail?
While CCIOA dictates that there is a duty for an HOA to educate its owners, what precisely will satisfy that requirement is very broad; CCIOA leaves the criteria for compliance with the statute up to the discretion of the board. Essentially, the board of the HOA will determine what education the homeowners will receive, how they will convey that education, and when the education will be given. These requirements to educate do not apply to an association that includes time-share units.
What: The education given to homeowners may consist of different rights the homeowners are afforded, responsibilities the homeowners or executive board has, or general operations the association has taken or is undertaking.
How: The education must be of no cost to the owners. The manner in which the education is provided is up to the board and could entail sending a newsletter, providing an educational session at an annual meeting, or periodic posts on the HOA website.
When: The education must be given on at least an annual basis to comply with the CCIOA regulation. It is not required the education take place at any specific place or time, such as at the annual meeting. The board may determine the time and place of education.
Ideas to Satisfy Owner Education Requirements
- Provide newsletters from attorneys (such as this one) to the owners
- Send quarterly newsletters updating owners on recent association actions
- Incorporate information session on rights of owners at annual meetings
- Give explanations of how the budget is calculated/adjusted
- Email owners about relevant articles related to HOAs
- Post flyers about whom the common elements serve and how they may be used
- Ask attorneys to do a class for owner education
Want more information on homeowner education requirements? Contact us at: info@westernlawgroup.com or give us a call at: (720) 542-8724