Journal 49: Inside Pinehaven’s HOA

1. What exactly does the HOA do?

Homeowners want to know the scope of their association’s responsibilities, whether it’s just maintaining common areas or providing community services. 

2. Why do I have to pay dues, and how are they calculated? 

Probably the single most frequent questions homeowners want to understand is how their fees are set, where their money goes, and why dues may increase over time. An annual assessment is required for the operating fund, and the amount is “fixed by a majority vote of the members present at the annual meeting.” (Bylaws, Article I, Section 1) The bylaws state the intent is to “restrict general assessment to a minimal rate, sufficient to provide only for very general services.” (Bylaws, Article I, Section 2)

3. What rules am I expected to follow?

Homeowners often want clarity on what’s allowed and how strictly rules are enforced. The bylaws defer to the Declaration of Protective Covenants, which set community rules. To enforce them, an Architectural Committee is appointed annually to ensure “strict adherence to the building code in the Pinehaven Declaration of Protective Covenants.” (Bylaws, Article III, Section 2)

• Download Pinehaven’s Constitution and Bylaws. The Pinehaven Property Owners Association Constitution and Bylaws establish the purpose, structure, and governance of the HOA. They define membership eligibility, voting rights, officer and board responsibilities, dues, elections, and committees, all aimed at maintaining and enhancing Pinehaven as a quality residential community. The document also outlines fiscal procedures, meeting rules, amendment processes, and adherence to protective covenants and Robert’s Rules of Order.
• Download Pinehaven’s Declaration of Protective Covenants. Planning any exterior work (additions, outbuildings, fences, etc.)? Please review the covenants above and submit your drawings to the Architectural Committee for review and approval before you begin. Questions? Email Tom or Barbara at this link.

4.  How do I get approval for changes to my property?

Each year Pinehaven appoints an Architectural Committee made up of fellow cabin owners. Their role is to make sure any major building projects fit within our community’s standards and the Protective Covenants. The Architectural Committee must “approve or disapprove plans for the erection of buildings, structures or building additions prior to the beginning of the erection.” (Bylaws, Article III, Section 2) In simple terms, you’ll want to check in with the committee before starting:

• Building a new cabin or structure
• Adding an addition to your existing cabin
• Putting up outbuildings such as garages, sheds, or similar structures
• Making any structural changes that alter the exterior footprint of your property

5. What happens if I don’t follow the rules or pay my dues?

Pinehaven’s bylaws require that dues be current for a member to remain in good standing and exercise voting rights (Constitution, Article IV, Section 2). While the bylaws themselves do not outline specific penalties, community standards and property rules are established in the Protective Covenants, and enforcement of dues or violations is also supported under Colorado HOA law. In practical terms, this means unpaid dues or covenant violations can limit your participation in the Association and may lead to further action as provided by state law.

6. Who runs the HOA, and how are decisions made?

Owners may want to know who sits on the board, how elections work, and how they themselves can get involved. 

• Board of Directors. 7 members including 4 officers and 3 at-large members (Constitution, Article V, Section 2).
• Elections. Held at the annual July membership meeting with 30-day notice (Constitution, Meetings and Elections, Sections 1–2).
• Terms of service. Board members are elected for a 3-year term. Officers may serve no more than 3 successive years in the same office. No Board member (officer or director) may serve more than 6 successive years. After serving 6 years straight, they must step down for at least 1 year before being eligible again. Citation: Constitution, Meetings and Elections, Sections 3 &
• Voting. One vote per member in good standing (Constitution, Article IV, Section 2).

7.  How can I get a copy of the HOA governing documents?

The Pinehaven Property Owners Association Constitution and Bylaws establish the purpose, structure, and governance of the HOA. They define membership eligibility, voting rights, officer and board responsibilities, dues, elections, and committees, all aimed at maintaining and enhancing Pinehaven as a quality residential community. The document also outlines fiscal procedures, meeting rules, amendment processes, and adherence to protective covenants and Robert’s Rules of Order. The document can be downloaded under the links in question #3 above. 

8.  Why are there special assessments?

When an HOA announces an increase in fees it is usually for major repairs or increased costs like snow plowing, garbage disposal, signage, or fire mitigation. The bylaws allow “a fee or charge for a specific purpose… such as trash removal, care of vacant properties, security, etc.” These are optional and separate from annual dues. (Bylaws, Article I, Section 3)

9.  How does the HOA interact with local government?

In unincorporated or rural areas like Cuchara, owners may ask which services the HOA provides versus what falls under the county or state (e.g., water, fire mitigation, police, zoning). Cuchara, Colorado is not an incorporated town, city, or village. It is an unincorporated community in Huerfano County. That means it does not have its own municipal government (like a mayor or town council) but is instead governed directly by the county.

Living in Pinehaven means being part of an unincorporated community, a place that looks and feels like a village but doesn’t govern itself. Instead, the big decisions like law enforcement, zoning rules, roads, bridges, the maintenance of county owned properties, public improvements, code enforcement, public safety, human social services, elections, records, treasury, veteran services, economic development, tourism, airport and aviation services and workplace support are made at the county level. In certain cases, local service districts like the Cucharas Sanitation and Water District and San Isabel Electric step in to provide essentials that the county doesn’t cover.

10.  What are my rights as a homeowner?

Questions about voting rights, attending meetings, requesting records, appealing fines, or challenging decisions may be common for new cabin owners. 

• Membership & Voting: Open to lot owners with dues paid; one vote per member (Constitution, Article IV, Sections 1–2).
• Meetings: Annual membership meeting each July; special meetings may also be called (Constitution, Meetings and Elections, Sections 1–2).
• Amendments: Members may vote on proposed amendments to the Constitution or Bylaws with 2/3 approval (Constitution, Article X; Bylaws, Article V).

11.  When do members meet for the annual business meeting to vote on initiatives?

The annual membership meeting is held in July of each year. Members must be advised of the date, time, and place thirty (30) days prior to the meeting. At this meeting, elections are held and business items (including initiatives, budgets, and assessments) may be voted on. (Constitution, Meetings and Elections, Section 1).