My board of directors spends thousands of dollars annually to fund social committee events. In addition, this year they spend thousands more dollars for Christmas lights, which were not included in th

The answer to the above question turns on whether your association’s governing documents authorize these expenditures. Most governing documents are quite broad regarding how association funds may be spent.

Assuming that your association’s governing documents do not authorize such expenditures for social events and Christmas decorations, the homeowners in your association have the right under the Colorado Common Interest Ownership Act (“CCIOA”) to file a lawsuit against the board. This lawsuit would seek a court order directing the board to cease making such unauthorized expenditures.

However, if your association’s governing documents do authorize such expenditures, the authority to make such expenditure decisions rests with the board.  In this case, the homeowners’ only recourse will be to go through the democratic process of voting new members onto the board of directors who believe that the association’s money would be better used in another manner.

Community Essentials - January 2006