CCIOA Corner – When Does an Association Legally Come Into Existence?

Have you ever wondered when an association legally comes into existence?  Is it when the first home is built, or is it when the development plan is approved by the County?  The correct answer is neither. 

According to Section 201 of CCIOA, a common interest community legally comes into existence when the declaration and plat are recorded with county in which such community is located.  If the community spans more than one county, then the declaration must be recorded in every county in which such community lies.

Additionally, Section 201 requires the declaration be executed “in the same manner as a deed” to be valid.  This means the declaration must be signed by the developer.  What happens if a declaration is not signed?  Then such declaration is subject to challenge and may not be a valid set of covenants.

So if you have any questions as to when your community was created or whether it’s a pre or post-CCIOA community, the first place to check is the recording information on the community’s declaration and plat map.

If you have questions or want to know more about the legal creation of common interest communities, please contact a HindmanSanchez attorney at 303.432.9999.