Can an association enforce covenants restricting overnight parking on streets maintained by the city? The covenants state that there shall be no overnight parking on the streets or driveways. Is this

The Colorado appellate courts have not faced the issue of whether covenant restrictions are enforceable on public streets and trial courts are split. We have obtained favorable outcomes in both Arapahoe and Douglas county courts based upon the language in the associations' governing documents and the language on the plats dedicating the streets, but other trial courts have come to differing conclusions. The City of Parker adopted an ordinance in 1993 prohibiting covenants restricting parking on public streets, but we are unaware of any other jurisdictions in the metropolitan Denver area that have similar ordinances. In summary, enforceability of parking restrictions on public streets set forth in covenants is in fact uncertain and very dependent upon the language in the governing documents and the plat map.

Community Essentials - April 2004