Well, the answer is “yes” - but in a bounded way and not under the entire Act. Simply put:

1. GCA’s community is preexisting (pre-1992). Although the corporation was incorporated January 20, 1995, the common interest community was created by declarations recorded in 1973/1983 (and amendments through 1986) — all before July 1, 1992. CCIOA applicability turns on when the community was created, not when the managing nonprofit was formed. GCA’s baseline coverage is therefore § 38-33.3-117 (the preexisting-community list), or the § 119 limited-expense exception (as proposed in the 2025 revisions) — never § 115 (full CCIOA for new communities).
   
2. The only way a pre-1992 community becomes subject to all of CCIOA is a recorded § 118 election. Reciting “unit owners’ association under CCIOA” in the Articles or the Declaration does not accomplish this. Section 118 requires a 67% owner vote and a statement of election recorded with the county clerk and recorder, effective only “upon the recording.”
   
3. El Paso County has no record of a § 118 election by GCA, nor has GCA itself posted any record of the required election or application. Accordingly, GCA never brought itself fully under CCIOA. The CCIOA language in the 1995 Articles and the 2017 Amendment Four is descriptive/aspirational — strong evidence of how GCA held itself out, but not the self-executing statutory election. 
   
4. The realistic range of coverage is therefore narrow — and bounded below the full Act:

• Minimum: §§ 105–107 (including the mandatory public-policy sections 106.5/106.7/106.8), if the 2025 proposed limited-expense exemption (§ 119 via the $200 cap) is valid.
• Maximum: the § 117 enumerated list (e.g., §§ 209.5, 308, 315, 316, 317, etc.), if it is not.
• Not the entire CCIOA, in either case, because no § 118 election was recorded.

Applicability of CCIOA Document

The Resource Center has also provided a list of all CCIOA provisions broken down by which are applicable and not-applicable to pre-CCIOA communities such as the GCA.

 CCIOA Provisions that are Applicable and Inapplicable to Pre-CCIOA Communities

We'll use your survey responses to help determine which issues should receive the greatest attention first. While board recall and proposed covenant revisions are some of the topics we'll be reviewing, they are only one part of the conversation. We've also heard many questions about whether the Gleneagle Civic Association (GCA) is subject to the Colorado Common Interest Ownership Act (CCIOA). To help clear up the confusion, we’ll be posting a straightforward explanation on our website along with other related information in the near future.

Thank you for taking the time to share your input. Together, we can build a stronger, more transparent, and more engaged Gleneagle community.

• Fill out the survey online using Google Forms
  
• Print out just the survey (don’t need the cover letter), fill it out, and mail that to the return address:

15954 Jackson Creek Pkwy, Ste B #371
Monument CO 80132

• Print out just the survey (don’t need the cover letter), fill it out, and drop it off at the Drip Coffee House in the little shopping center near the Gleneagle-Struthers intersection
  
• Use a PDF viewer to markup the survey with your responses and attach it to an email sent to info@gca-residents.com
  

Obviously, the physical letters will take longer to complete their round-trip journey, so we expect it may take a couple of weeks before we have all the results.

In the meantime, we are not sitting idle! We have a couple of things going on that are worth noting:

• We have a new volunteer who is graciously helping us with our website. Yes, we know it could use a lot of improvement! Stay tuned.
• There are a few areas of the revised covenants that we know need work based on your prior feedback, so we are getting ready to setup several committees to look at them. We will be sending out more info on them shortly along with information on how to participate on the committees, or to track their progress and chime in on things that catch your interest.

You will note that our cover letter indicates a little re-branding on our part to “Uniting Neighbors in Transparent and Engagement", or U.N.I.T.E.) We felt this was a little more in keeping with our path forward. No decision yet on renaming the Internet domain, but we’ll give you plenty of warning should we go that route (and provide redirection to make it transparent).

Some will be simple directives - e.g., publish financial reports as per the covenants. This doesn’t require a committee.

Some are more nuanced - e.g., greater homeowner oversight of major decisions. This would require more work to define exactly what that would mean and how it would be done.

The survey is initially being mailed out to those who signed objection petitions - we expect to send them out in the next few days. We are sending them via snail mail because we don’t necessarily have an email address for everyone that signed a petition, so it may take a week or two to collect all the replies.

If you did not sign a petition but would like to participate in the survey, please let us know on this email channel.

Again, we thank you for your support. Feel free to reach out to us on this email address if you have any comments, concerns, questions, or suggestions!

Once again, thank you for your support!