Pulte Home Corporation, Inc. v. Countryside Community Association, Inc.
Pulte Home Corp. v. Countryside Cmty. Ass'n, Inc., 2016 CO 64, 382 P.3d 821
Mere recordation of a declaration and plat does not, by itself, create a common interest community under CCIOA. Formation of a common interest community requires that real estate actually be subjected to a declaration that obligates the owner of that real estate to pay assessments for shared expenses. The Colorado Supreme Court reversed the court of appeals' contrary conclusion and held that the developer (Pulte) was not liable for past-due assessments on unsold lots accrued before the community was validly formed under CCIOA.
Controlling Colorado Supreme Court authority on the timing of common-interest-community formation under CCIOA. Cited in every Colorado HOA-vs-declarant assessment dispute concerning when developer-owned lots become assessable. Important practical implication: associations cannot retroactively assess developers for periods predating valid community formation.