Mission Viejo 

Where "Home" is a "Hometown" again.

 

FAQ


What is the Mission Viejo Homeowners' Association Inc.?

It’s a voluntary, nonprofit corporation formed in 1975 that is dedicated to enhancing Mission Viejo by initiating, promoting and improving the neighborhood including the enforcement of restrictive covenants to enhance the value and desirability of the neighborhood. This is done through advocacy, education of city zoning regulations and covenants, maintaining the neighborhood entrances, sponsoring neighborhood activities, enhancing the appearance of the neighborhood and acting as a representative of the community to the state, city, public utilities and private businesses.

How can I actively support the association?

Voluntary membership dues are only $30 per year or join our HOA sponsored Trash Program. For a simple dues donation, please fill out a membership information form and please mail this along with your check to the Mission Viejo Homeowners' Association Inc. 4255 S Buckley Road #110, Aurora CO 80013-2951. The form can be found by clicking here 

or try our on-line dues payment by clicking here.

Thank You for your support!

Why is a homeowners' association necessary?

Your home may be the single largest investment that you and most families have. The owners have a vested interest in preserving the value of these investments. Nationwide experience has shown in the last few decades that unless some standards of care are established and enforced, a neighborhood may decline through the years in  terms of appearance and value. Home developers have recognized this and they have initiated steps designed to uphold the quality of the neighborhoods they build. The Mission Viejo Homeowners' Association (HOA) was initiated by Mission Viejo Company of California to ensure that our neighborhood would continue to be a desirable community for many years to come.

I live in Mission Viejo but don't belong to the Homeowners' Association. Do I still have to comply with covenants?

Yes! While the covenants do not mandate membership in a homeowners' association, they are filed with Arapahoe County in conjunction with all Mission Viejo properties and are the 'rules' that govern your residence. 

Didn't the Mission Viejo Homeowners' Association used to have mandatory dues? Why was this changed?

In 1992 the Board of Mission Viejo HOA decided to initiate a drive to collect signatures to amend the covenants to allow for the assessment of mandatory fees for the purpose of enforcing the covenants, providing snow removal on some sidewalks and for security patrols. In 1995 the Board believed that they had enough signatures to carry out  mandatory assessments and acting upon legal advice, recorded an amendment to the covenants using a certified form for all the signature pages. After further legal council was given to the HOA, assessment liens were filed on residents who did not comply with the mandatory dues. In 1998 five homeowners filed suit against the HOA claiming the assessment liens were invalid. In 2003 an Arapahoe County Judge decided that the amendment allowing for mandatory dues was not processed properly and since the Mission Viejo HOA did not have a direct connection to the covenants or own common property held in trust for the residents (i.e. recreation center or park space) the Judge rescinded the mandatory dues and lifted all liens placed on property within the neighborhood. Because the Board constantly sought legal council throughout this time, the Judge ruled that the Board acted in good faith and neither the Board nor the management companies for the HOA were found to be liable or negligent. In 2006 the Plaintiffs appealed the decision not to award damages and the court ordered a mediated session to resolve the award of damages dispute. In July of 2006 all parties agreed to a settlement that included a small class action award and attorney fees. The Mission Viejo HOA's insurance policy covered these payments. Since 2003 the Mission Viejo Homeowners' Association returned to a voluntary organization dedicated to its same purposes. With no mandatory dues however, we must rely upon the good will and support of the neighborhood.

All the filings specify that an Architectural Committee enforces the covenant declarations and new improvements. Most of the Declaration filings state that the Architectural Committee shall cease unless an instrument is duly recorded by a majority of the homeowners. If this is so, how can the Mission Viejo Homeowners Association enforce the covenants?   

The Architectural Committee was initially created and governed by representatives of the Mission Viejo Company. While its role specified active enforcement of all provisions of the covenants, its primary purpose was to approve new construction (i.e. paint color, home additions, fences, landscaping etc.) posed by the residents. While the Architectural Committee has ceased activity the covenants themselves will never go away as they were created in perpetuity. As an independent nonprofit entity, the Mission Viejo Homeowners' Association, Inc., comprised of owners within the Mission Viejo, was incorporated to further the common interests of the owners including enforcement of the covenants. Since Colorado Law and the Mission Viejo Covenants recognize the concept of equitable servitudes, each and every owner has the legal right to enforce the covenants. Therefore, the status and powers of the Architectural Committee have no bearing on the Association's authority to enforce the covenants; the power is derived from the owners through the Association's Articles of Incorporation. 

Can the existing covenants be amended again?

Subject to any possible federal, state or local legislation, all the covenants within Mission Viejo specify that at any time the covenants may be modified by a majority of the owners within each filing of the neighborhood and duly recorded. Also after the initial thirty years of recordation and on each subsequent twenty years of renewal the majority owners of each filing may modify, or change the covenants.  

Is the Mission Viejo Homeowners' Association subject to the provisions of the Colorado Common Interest Ownership Act and provisions of Senate Bills 05-100 and 06-89?

Officially and currently the Mission Viejo Homeowners' Association is not subject to the provisions of the Colorado Common Interest Ownership Act (CRS 38-33.3-101).   

Senate Bill 05-100 and Senate Bill 06-89, amendments to this statute effective as of January 1, 2006 and May 26, 1,2006 respectively dictate that certain disclosures of common interest homeowners associations be made available to all owners. These bills also stipulates that all sellers of property within a common interest HOA provide copies to the buyer(s) relevant association documents such as minutes, budget, and a copy of the covenants prior to the sale of the property.

While Mission Viejo is technically not subject to these provisions, a majority of the HOA disclosures stipulated by the Colorado Common Interest Ownership Act are available through this web site.

Who maintains green belts and the parks areas?

The City of Aurora maintains all common areas within Mission Viejo. You may contact them with questions or comments at 303-739-7160

Who owns the recreation center?

Except when it was operated by the developer the recreation center has always been under private ownership. Currently the center is run as SouthEast Fitness and Recreation. Members of the Mission Viejo HOA can receive a special price discount for use of the pools, exercise rooms, tennis facilities and racquetball courts. Their phone number is 720-870-3332

Who should I contact regarding a broken streetlight or unlit streetlight?

Xcel Energy maintains all of the streetlights within Mission Viejo . To report an outage, please call Xcel Energy at 1-800-895-4999. In the past some of our unique neighborhood "Mission Bell" lights have fallen. Replacements " Bell lights" can be obtained by Xcel Energy by contacting vendors in California and Southern California Edison. If you notice a " Bell " light down please call Xcel Energy and request that a replacement " Bell " light like those found in Mission Viejo California be installed. These special lights help make Mission Viejo special.