![]() ![]() Michel’s wife, Lynn, wants to be on the association’s architectural board, a body that decides what is OK and not OK to build in the neighborhood, but is somewhat afraid to serve because of the legal risk. 1, 2015, and because the Pineridge HOA does not currently have a paid manager, it doesn’t have to worry about it. The law doesn’t go into effect until Jan. Michel is concerned that the Pineridge HOA isn’t following other state laws that regulate HOAs, such as the law requiring licensure of HOA managers. Many present at Monday night’s meeting didn’t think 100 percent participation, or all neighborhood members paying dues, is a likely outcome. To charge dues, the Pineridge HOA would need 100 percent participation from the neighborhood. Pineridge HOA members currently pay no dues, and an overwhelming majority wants to keep it that way. ![]() That means if a member does not pay dues, the association cannot legally make someone pay dues. The Pineridge HOA, by choosing not to register with the state, loses the ability to enforce delinquent assessments. Molly Foley-Healy, a partner at Denver-based Winzenburg, Leff, Purvis and Payne who specializes in HOA law, said because the Pineridge HOA is a volunteer organization and charges less than $5,000 in dues, it is not required to be registered with the state. “Once everybody knows they’re not going to get sued, they will want to be on the board.” “We gotta get the legal parts looked at,” Michel said. ![]() He said the association’s lack of insurance for its officers prevents people from volunteering, and he’s also concerned about the HOA’s state registration. David Michel is most concerned about the association’s legal standing. ![]()
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