RERA Proposed Actions

Homeowner Asssociation Legal Review

RERA is astray

RERA is asking us to grant it rights it could only acquire if we gave ALL of our property to RERA, rolled the clock back 100+ years, and bought it back.

RERA / Landowner Contracts

RERA limited rights - egress & maintenance with landowners

RERA has No other rights except by contract

Every Landowner has a private contract with RERA

Mutual Terms of contracts

• Mutual Private Easement
• Maintenance Agreement

RERA

RERA can never comply with CCIOA

1. Common Law: RERA, cannot unilaterally change any term of a contract. RERA must amend the contract with EVERY landowner in writing.
2. Never deeded property per requirement per 38-33.3-201
3. Incorporated in 1988 - Long after statutory requirement per 38-33.3-301

CCIOA 38-33.3-201

A common interest community may be created pursuant to this article only by recording a declaration executed in the same manner as a deed and, in a cooperative, by conveying the real estate subject to that declaration to the association.

No property has ever been transferred to RERA

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CCIOA 38-33.3.301

PART 3 MANAGEMENT OF THE COMMON INTEREST COMMUNITY

38-33.3-301. Organization of unit owners'association. A unit owners' association shall be organized no later than the date the first unit in the common interest community is conveyed to a purchaser.

RERA Organized 1988 -> Too late

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Proposed Action Plan

1. Demand revocation self-proclaimed Right of Censorship for RERA Board
2. Dismiss Attorney pursuant to Bad Advice:
1. Failed to recognize invalidation of landowner/RERA contract.
1. 100% of the parties of a contract must agree to changes the contract
2. No change to RERA bylaws revokes the landowners common law rights
2. Failed to recognize 201 Disqualification barring RERA from COIAA
3. Failed to recognize 301 Disqualification barring RERA from COIAA
3. Do not sign the Declaration
4. Vote NO to adopt the Amended and Restated Bylaws. Individually ratify changes to Bylaws
5. Only vote for Board members that support this position

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Declaration

Who are the parties?

What rights is it intended to convey to RERA?

How would it affect my property rights?

What effect does someone else signing it have on me?

Landowner

Parties

Declaration is a single party contract

Parties are Me as Landowner to Me as RERA Member

Transfers Landowner Rights to RERA jurisdiction

So that Bilaws can be used to assign landowner rights to the RERA board

Landower

RERA Member

Declaration

RERA

RERA Board

Bylaws

Apparent Effects

Clouds title to each landowners property

Landowners only receive rights the RERA board decides to give us back within COIAA legal structure

COIAA statute mandates that an association :

• Own the property - 38-33.3-301
• Be formed before conveyance to first purchaser 38-33.3-201

These requirements assure that the association has authority to withhold rights prior to conveyence to a purchaser.

Summary of Declaration

1. RERA is asking us to transfer our landowner rights
2. So the RERA Board can give some of them back

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Assures Perpetual Litigation

1. Establishes Legal Basis for RERA to claim property rights of any signatory
2. Language is unclear to any reader -> more litigation
3. Litigation is virtually guaranteed when RERA board attempts to enforce unassigned property rights on any non-signatory

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Just Say No

This is not Legal Advice

Please consider these topics as talking points with your attorney.

The list will guide discussion to specific points of law that focus on your best interests.

Your attorney should quickly be able to validate or reject the validity of these positions saving you money and time.

Why the “New” Volunteer Policy feels wrong:

• Inhibits community cooperation
• Inserts RERA board into private neighbor relationships
• Pretends to divest landowner of property rights
• Establishes a monopoly
• Board authority over-step

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RERA / Landowner Relationship

RERA was granted an easement by Landowners:

• Positive Permission to Do work on Road at the discretion of the board

RERA NOT granted:

• Ownership of the land
• Subrogation of right to enforce trespass
• Subrogation of authority to prohibit any member from any action on
• Their own property
• Anyone elses property

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Policy versus Bylaw

A Policy is administrative:

• Establishes procedure or governs the Board
• Declared by board (without membership approval)

Bylaw is governance:

• Of Members and Board
• Ratified by membership

Bylaws govern members

Policies may govern the board

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Board Authority Overstep

• Policies that express government of Members
• Simply invalid
• Circumvent bylaws
• Usurp landowner rights
• Of a landowner to work on the road on his own property
• Of one neighbor to grant permission by a neighbor to work on the road
• Monopoly for RERA

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Clouded Title

You sell.

Title search shows 2 titles on 1 property

Buyer sez -WTF

Buyer says - prefer non-cloud property

Bibi - supresses local value

The Conversation RERA does not want

Why did RERA surprise us like this?

We want to trick the members into signing over property rights so they can do what we want.

How?

With the guidance of an attorney, we made up a story about a new law called Colorado Common Interest Association to We’re going to tell the members the law justifies our actions.

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Grandfather Perservation Bylaw

The Association and board may not take positive action to promote or adopt any element of the CCIOA Act without first securing a membership majority approval according to bylaws.

2 - Preservation of Rights

The association may only abridge a landowner right or create a landowner responsilbity with a duly adopted bylaw. Any policy that abridges any landowner right shall be invalid.

Legal action by Membership approval

The Board shall be prohibited from any adverse legal filing, including lawsuits, not explicitly allowed by bylaw, prior to securing a majority approval from the members within a regular or special meeting of the members.