Community Formation

Community Formation

A great community begins with a great foundation. Orten Cavanagh Holmes & Hunt serves as a powerful ally in establishing new common interest communities or communities exempt from the Colorado Common Interest Ownership Act.  Our services include all aspects of community formation, from first steps to operations and governance.  Some of the essential services that our attorneys provide:

  • Document preparation – covenants, declarations, CC&Rs, party wall agreements and more – you name, we’ve drafted it
  • Review of plats/maps for conformity with requirements of Colorado law
  • Preparation or revision to form Purchase and Sale Agreements for initial sale
  • Preparation or revision of Subdivision Improvement Agreements with local government
  • Preparation of customized limited warranty agreements and standards
  • Easement establishment or modification
  • Incorporating the owner association with the Secretary of State
  • Application preparation to the State’s Division of Real Estate’s – for Subdivision/Developer licensing – when needed
  • Obtaining EIN numbers for the HOA

One of our attorneys helped draft the Colorado Common Interest Ownership Act, so you can rest assured that our team will be navigating all the avenues of community development with the most up-to-date information required by Colorado law.

Types of Communities

We assist in creating all types of communities, including:

  • Planned communities subject to the Colorado Common Interest Ownership Act (“Act”)
  • Limited expense planned communities – exempt from most of the Act
  • Small planned communities (with less than 21 homes) – exempt from most of the Act
  • Condominium communities
    • Newly built
    • Conversions
  • Large planned communities
  • Master planned communities – including sub-associations
  • Party wall agreements
    • With or without an HOA
  • Protective covenants, without an HOA

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