FAQ’s
Question: Is Eagles Landing managed privately or professionally?
Answer: Eagles Landing is privately managed by owner volunteers through a Home Owners Association (HOA) and is not run by a professional property manager.
Question: Who legally represents Eagles Landing?
Answer: Altitude Community Law represents the corporation of Eagles Landing and serves at the pleasure of the Board of Directors. The Eagles Landing attorney does not represent an individual owner but is directed by the Directors of the HOA.
Question: What laws direct the operation of Eagles Landing?
Answer: Eagles Landing is directed by 3 governing articles. First, our own governing documents that include, declarations, by-laws, rules & regulations and policies. Second, are laws mandated by the Colorado Common Interest Ownership Act (CCIOA). Lastly, the non-profit governing laws of Colorado.
Question: Is Eagles Landing required, by law, to maintain a website that contains history and records of the community?
Answer: Eagles Landing is NOT required to have a website by law. However, we are required to have “records” available to be inspected by owners when requested. Eagles Landing has adopted a “Inspection of Records Policy” that includes all the records that owners have legal access to. We have opted to create a Google Drive repository that contains these records that owners have 24/7 access to. For owners that don’t have internet access they can request these records from the HOA and for a small handling fee the documents they are requesting will be mailed to them.
Question: What is receivership and how does it affect the community?
Answer: A HOA receivership is a legal process where a court appoints a neutral third party, called a “receiver,” to take control of a Homeowners Association (HOA) when it is unable to manage itself effectively, usually due to severe financial issues, board conflicts, or a lack of functioning leadership; the receiver then manages the HOA’s affairs, collecting dues, maintaining property, and making necessary decisions until the situation is resolved or a new board is elected. The receiver will stay in place until the problem(s) is solved to the satisfaction of the court
It is expensive, the association loses control, and the court directs the receiver to perform all necessary work. The court may impose assessments, and the law requires a receiver to make monthly reports and to file documents with the court. Both requirements add to the cost of the receiver (usually an attorney), who already charges by the hour to do the work that a volunteer board did before the receiver was appointed.
Receivership is like aggressive cancer treatment: the treatment can be deadly, but it’s the option when all other treatments have failed. Receivership is usually expensive and divisive, and can leave HOA owners powerless. Whether you are a homeowner or board member, you should work aggressively to inform your neighbors about the consequences of receivership and, if possible, avoid it altogether.
Question: What is the difference between a Common vs Limited asset?
Answer: Common and Limited assets are designated by the Eagles Landing Declaration. Common assets are required to be maintained, repaired and replaced by the association and Limited assets are maintained by the association but in some cases the repair and replacement costs are the responsibility of the individual owners.
Question: Can windows and/or doors be replaced if the unit owner pays for them?
Answer: Based on Eagles Landing Declaration Article VIII, Maintenance, Section A-1, “A Unit Owner may upgrade windows and/or doors at the Owner’s expense, provided the Owner has received the approval of the Executive Board for the proposed upgrade.”. Please contact the HOA if you are interested in replacing your windows and/or doors for further guidance.