A Colorado HOA in a CCIOA-governed planned community has been experiencing budget shortfalls. The board votes to levy a special assessment of $3,500 per unit to fund emergency repairs to the community's retaining walls. Unit owner Kevin refuses to pay, arguing the board lacked authority to levy a special assessment without a unit owner vote. Under CCIOA, which of the following most accurately describes the board's authority in this situation?
Correct Answer
D) The board may levy special assessments for emergency repairs without a unit owner vote if the association's declaration and bylaws grant the board this authority
Under CCIOA (C.R.S. § 38-33.3-315), the authority to levy special assessments is governed by the association's declaration and bylaws. If the governing documents grant the board authority to levy special assessments — particularly for emergency repairs to common elements — the board may do so without a unit owner vote. The board's power is defined and limited by the association's own governing documents, which CCIOA recognizes as the primary source of association authority. Kevin's objection would only succeed if the governing documents required a unit owner vote for such assessments.
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