I am optimistic that CCIOA's new requirements brought by SB 100 and SB 89 will bring positive changes to the way my association is currently being governed. Unfortunately, the current board is refusin
Homeowners, however, have the ability to enforce CCIOA by filing a lawsuit against their association for violating any provision of the law. In the event the association loses such a case, section 38-33.3-123(1)(a)(c) of CCIOA provides that the prevailing party in such an action shall be entitled to the costs and reasonable attorneys fees incurred in bringing the action. These fees can run around $7,000 to $15,000. Associations, therefore, should be careful to comply with CCIOA as amended to avoid having to pay both its attorneys fees and that of the prevailing party owner. (Of course, both parties involved should attempt to resolve their differences outside of court through communication, involving a mediator or an arbitrator if necessary).


