Are all developments which have ownership associations “common interest communities” which require this disclosure form?
Response 2: No. An association is a common interest community if owners are required to pay expenses, such as real estate taxes and maintenance costs, of other real estate described in the declaration (usually the “common areas” of the development). While the vast majority of ownership associations are common interest communities, not all of them are. For example, there are owners’ associations whose sole purpose is to enforce architectural control restrictions, use restrictions, or other land use regulations. Question 3: What if the owners’ association refuses to produce all of the required documents? Response 3: SB100 places the burden on the sellers, not the owners’ associations, to provide such documents to buyers. But it also requires the associations to use “best efforts to accommodate a request by the seller” for the documents that are within the associations’ control. [CRS ยง38-33.3-223 (2).] If the association fails to comply with this “best efforts” standard, sellers should be
