Smuggler Home Owners' Association

Key facts from Smuggler Home Owners' Association's documents

Reflects the 1992 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

HOA (mobile home park subdivision with Home Owners Association) (Throughout documents)

Legal name

Smuggler Mobile Home Owners Association (also referred to as Smuggler Home Owners Association per Articles of Amendment 1994 and 2000 name change) (Third Amendment opening; Articles of Ame)

Governing law

Colorado Non Profit Corporation Act; Colorado Common Interest Ownership Act; Colorado Revised Nonprofit Corporation Act; Colorado Business Corporation Act; also references C.R.S. 38-33.3-315 (Articles of Amendment; First Supplementa)

Assessments & dues

Board adopts annual budget; members may vote on ratification within 30 days; budget effective unless rejected by majority of all members (First Supplemental Declaration Art. III )

Special assessments

Not explicitly addressed; assessments include annual and special (as per First Supplemental Declaration Art. IV? actual mention not found? Possibly allowed by general powers. (First Supplemental Declaration Art. IV? )

Collections & liens

Association has lien on lot for unpaid assessments, late fees, interest, costs, and attorney’s fees; may foreclose as a mortgage; personal obligation of owner at time assessment became due (First Supplemental Declaration Art. III )

Reserves & fees

Reasonable fee for statement of unpaid assessments (payable by grantee or mortgagee); amount not set (First Supplemental Declaration Art. XIII)

Pets

Dogs and cats only; no livestock or other animals; no pets by tenants (First Supplemental Declaration Art. V Se)

Leasing & rentals

Leasing is allowed, but leases for a period in excess of 6 months in any calendar year require prior written consent of Board (Variance Agreement). Exception for lots used for employee housing as of a certain date (if sold separately, excep (First Supplemental Declaration Art. V Se)

Parking & vehicles

Not specifically addressed; common element area (8 ft from curb to front property line) for off-street parking (Third Amendment Sec. 2(D))

Architectural approval

All structures and improvements on any lot require review and approval of Architectural Control Committee (ARC). (Third Amendment Sec. 1; First Supplement)

Home business

Not specifically addressed; employee housing exception allows lease to employees for business? Not a home business.

Setbacks / home size

500 square feet total floor space for a residential dwelling; also maximum floor area 2000 sq ft plus optional 500 sq ft for garage/shed. (First Supplemental Declaration Art. VI S)

Insurance

Not required, but Association insurance does not obviate need for owner's own insurance for their benefit. (First Supplemental Declaration Art. XV S)

Use restrictions

Each lot shall be used only for location of a mobile home, modular home, or site-built home; no other use without Board consent (First Supplemental Declaration Art. V Se)

Voting & meetings

One vote per lot; no proxy voting in elections; member must be in good standing (assessments paid) to vote (Articles of Amendment Article V; First S)

Extracted from the recorded governing documents and cited to them; may be incomplete and is not legal advice — verify against the official documents below.