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La Plata County, CO HOA Rules: Board Governance (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
La Plata County Code § 67-15, paragraph I.C
Who must form it
Subdivision applicant creates an HOA or other legal entity
Cost to county
Improvements maintained without expense to the county
Recording
Recorded with county clerk and recorder; reception number on plat
Director may require
Covenants and improvements maintenance plan
Last amended
Res. No. 2026-15, effective 5/19/2026

Summary

In unincorporated La Plata County, Colorado, a subdivision must create a homeowners' association or other legal entity to maintain its private improvements without expense to the county. The maintenance agreement is recorded with the county clerk and recorder and cited on the plat by reception number.

These county ordinances apply to unincorporated areas of La Plata County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

C. Improvements maintenance. A homeowners' association or other legal entity or mechanism shall be created as the mechanism by which all improvements will be maintained without expense to the county. These improvements include, but are not limited to: roads, water and sewer systems, streetlights and signs, fences and weed control methods. Such private improvement maintenance agreements shall be ... recorded in the official records of the county clerk and recorder and referenced in the plat notices including the reception number of the recorded document. ... ... F. Covenants. ... If determined by the director, the applicant shall provide a copy of proposed declarations, conditions, covenants and restrictions for the subdivision. G. Improvements maintenance plan and declarations. If determined by the director, the applicant shall provide a plan specifying the mechanism by which any and all improvements will be maintained including, but not limited to: roads, water and sewer systems, streetlights, signs, fences, open space, landscaping, buffers and weed control methods.

Full Breakdown

La Plata County Code § 67-15 sets the standards for subdivisions approved by the Board of County Commissioners in unincorporated La Plata County. Paragraph I.C requires that a homeowners' association or other legal entity or mechanism be created so that all improvements are maintained without expense to the county. The code lists roads, water and sewer systems, streetlights and signs, fences and weed control methods, and says the list is not limited to those items.

The maintenance agreements are private. They must be recorded in the official records of the county clerk and recorder, and the plat notices must reference the reception number of the recorded document. Anyone buying into a La Plata County subdivision can therefore trace the association's duties from the plat back to a recorded instrument.

The Community Development director controls two submittal items under subsection VII. Under paragraph F, the director can require a copy of the proposed declarations, conditions, covenants and restrictions for the subdivision. Under paragraph G, the director can require an improvements maintenance plan naming the mechanism for maintaining roads, water and sewer systems, streetlights, signs, fences, open space, landscaping, buffers and weed control methods. The code adds that subdivision declarations or condominium declarations can serve as that plan when they specify the mechanism.

Condominium subdivisions carry a further requirement in paragraph H. If the director determines it, the applicant provides condominium declarations covering the character, duration, rights, obligations and limitations of ownership, the method of assessing the proportionate valuation of common elements to individual units, and any limits on time sharing. The condominium plat or map must include the plat notes and statements required by the Colorado Common Ownership Interest Act.

The association requirement works alongside the improvement guarantees in paragraph I.B. Before the final plat is recorded, the applicant certifies that all improvements are complete and inspected, or signs a development improvements agreement and posts a performance guarantee under section 66-30. Section 67-15 was last amended by Res. No. 2026-15, effective 5/19/2026.

Violations & Fines

Section 67-15 sets approval standards, not a fine schedule. A subdivision application that lacks the required maintenance mechanism does not meet the standards of the chapter, and the plat cannot be recorded until the applicant provides certification of completed improvements or a development improvements agreement with a performance guarantee. General penalties for Land Use Code violations sit in chapter 80 (Enforcement and Penalties), which this record does not quote.

Frequently Asked Questions

Does a new subdivision in unincorporated La Plata County have to have an HOA?
Section 67-15.I.C says a homeowners' association or other legal entity or mechanism shall be created to maintain all improvements without expense to the county. The code accepts another legal entity or mechanism, so a formal HOA is one option, but some recorded maintenance arrangement is mandatory.
What improvements does the association have to maintain?
The code names roads, water and sewer systems, streetlights and signs, fences and weed control methods, and states that the list is not limited to those items. Paragraph G adds open space, landscaping and buffers to the list in the improvements maintenance plan.
Where are the maintenance agreements recorded?
They are recorded in the official records of the county clerk and recorder. The plat notices then reference the reception number of the recorded document, which gives buyers a direct path from the plat to the agreement.
Can the director ask for the covenants?
Yes. Under paragraph F, if determined by the director, the applicant provides a copy of the proposed declarations, conditions, covenants and restrictions for the subdivision. Under paragraph G, the director can also require the maintenance plan, and the declarations can serve as that plan.
Do condominium projects have extra requirements?
Paragraph H lets the director require condominium declarations. They cover the rights, obligations and limitations of ownership, how common elements are valued for each unit, and any time sharing limits. The plat must carry the notes required by the Colorado Common Ownership Interest Act.

Sources & Official References

Other rules in La Plata County

All La Plata County rules

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