COVENANT CONTROLLED COMMUNITIES


  Declaration documents, common interest communities and HOAs – What’s the difference?  Click on the tabs below to find out. 

  • Common Interest Community
  • Homeowner Association
  • Declaration Document

Common Interest Community


A common interest community is a collection of real estate lots that are subject to a declaration document (aka CC&Rs).  The lots are subject to the declaration document regardless of who owns the lots.  Typically, lots are initially annexed into a declaration document with the express agreement of the then current owner of the lots.  In most cases, the current owner of the lots at the time of annexation was the developer of the neighborhood.  After annexation, subsequent changes in ownership of the lots do not change the lots’ membership or status in the common interest community.

 

As an owner of a common interest community lot is required to maintain the lot in accordance with the covenants, conditions and restrictions provided in the related declaration document.  By virtue of purchasing the lot, the owner has agreed to comply with the contractual restrictions attached to the lot.

Legal Definition: Per CRS 38-33.3-103 (“Definitions”), a common interest community is defined as “…real estate described in a declaration with respect to which a person, by virtue of such person's ownership of a unit, is obligated to pay for real estate taxes, insurance premiums, maintenance, or improvement of other real estate described in a declaration. Ownership of a unit does not include holding a leasehold interest in a unit of less than forty years, including renewal options. The period of the leasehold interest, including renewal options, is measured from the date the initial term commences.”