Todd Creek Farms HOA Lawsuit: Homeowner Rights & Illegal Fee Claims

Background: What Led to the Todd Creek Farms Lawsuit

Todd Creek Farms is a residential planned community in Adams County, Colorado. Like many HOA-governed communities, residents are required to pay monthly or annual assessments to the homeowners association, which manages common areas, enforces community covenants, and maintains shared amenities. The lawsuit filed by a group of homeowners alleges that the Todd Creek Farms HOA board has exceeded its legal authority in multiple respects over a period of years.

The core allegations include: assessment of fees not authorized by the community's Declaration of Covenants, Conditions, and Restrictions (CC&Rs) or bylaws; selective enforcement of community rules in ways that appear to target specific homeowners while overlooking identical violations by others; failure to provide adequate financial accounting for how collected dues are spent; and individual board members using their positions to benefit personally at the community's expense.

The Illegal Fee Assessment Claims

Under Colorado law (specifically the Colorado Common Interest Ownership Act, or CCIOA), an HOA's authority to levy assessments against homeowners is strictly limited to what is authorized in the community's governing documents and what complies with statutory requirements. Homeowners allege that the Todd Creek Farms HOA imposed special assessments without the homeowner vote required by the CC&Rs, charged administrative fees exceeding amounts permitted under the documents, and levied fines for covenant violations without following the notice and hearing procedures required by Colorado law.

Colorado's CCIOA provides homeowners with specific procedural protections before an HOA can impose fines or special assessments, including written notice, an opportunity to cure, and a right to a hearing before the board. Plaintiffs allege the HOA routinely bypassed these statutory protections, making its fee actions legally unenforceable -- and potentially requiring reimbursement of improperly collected amounts.

Fiduciary Duty and Fund Misappropriation Allegations

HOA board members in Colorado owe a fiduciary duty to the community's homeowners. This duty requires board members to act in the best interest of the association as a whole, maintain financial transparency, and avoid conflicts of interest. The lawsuit alleges that certain board members awarded contracts to businesses in which they had undisclosed financial interests, failed to maintain adequate reserve funds as required by law, and spent assessment revenue on expenditures that benefited specific properties rather than the community.

Colorado law requires HOAs to conduct annual audits or reviews of their financials and to make those records available to homeowners upon request. Plaintiffs allege the Todd Creek Farms HOA failed to comply with these transparency requirements, making it impossible for homeowners to independently verify how their funds were being used.

Selective Enforcement Claims

One of the most contested areas of HOA litigation involves selective enforcement -- the allegation that covenants are applied inconsistently, with some homeowners facing enforcement action for violations that are ignored when committed by others. Selective enforcement claims are legally significant because inconsistent application of rules can render those rules legally unenforceable and may give rise to discrimination claims if enforcement patterns correlate with protected characteristics.

Homeowners in the lawsuit document specific instances where identical conditions (fence heights, landscaping, vehicle parking) were treated differently depending on the homeowner involved, with the plaintiffs subjected to fines and enforcement action while neighbors with the same conditions received no notice. Related: Champion Windows construction defect claims.

What Todd Creek Farms Homeowners Should Know

Colorado homeowners subject to HOA governance have specific legal rights under the CCIOA, including the right to inspect association records, the right to a hearing before fines are imposed, and the right to challenge improper assessments. Homeowners who believe they have been charged illegal fees or subjected to selective enforcement should document all communications with the board, preserve copies of all assessment notices and fine letters, and consult with a Colorado HOA litigation attorney.

If the lawsuit results in class-wide relief, all Todd Creek Farms homeowners who were improperly charged fees during the applicable period may be entitled to reimbursement. Homeowners do not necessarily need to be named plaintiffs in the existing lawsuit to benefit from a class action judgment or settlement.

How to Get Legal Help

If you believe you qualify based on the eligibility criteria described above, the next step is a free consultation with an experienced attorney. Most plaintiff-side attorneys handling these cases work on contingency -- meaning you pay nothing unless your case results in a recovery. Bring any relevant documentation including receipts, correspondence, or evidence of the harm you experienced.

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