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Into the Wild
The other night we were awaken by the distinctive high-pitched yipping of a coyote in the street outside our window. We all climbed out of bed and went to the window to see what was there, including our lovable lab-shepherd mix who was probably wondering how come that “dog” gets to have fun ro Read More...
Topics: Litigation, Covenant/Rule Enforcement
article 
Successful Enforcement of Covenants, Rules and Architectural Standards/Guidelines
Community associations use covenants, rules, and architectural standards/guidelines to: Maintain, preserve, enhance, and protect the property values and assets of the community, Promote harmonious community living, Preserve the common scheme and harmonious design of the community. Covenants and ru Read More...
Topics: Litigation, Covenant/Rule Enforcement
Most Recent Items
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Water Restrictions and Xeriscaping Reminder
As we get closer and closer to the landscaping season, now is a good time to review statutory requirements pertaining to watering and xeriscaping. Section 37-60-126(11)(a) of the Colorado Revised Statutes provides:
“Any section of a restrictive covenant that prohibits or limits xeriscape, prohib Read More...
Topics: Litigation, Covenant/Rule Enforcement
article
Smoking Bans in Associations: Health & Economic Concerns
The battle between smokers and non-smokers may be reaching a tipping point in community associations. More boards are introducing declaration amendments prohibiting smoking completely – in individual units as well as in the common areas of their communities. And those amendments are attracting Read More...
news
Chickens in the Community?
When a homeowner purchases a home in a covenant protected community he/she enters into a contract with the association. The owner agrees to be bound by the restrictions contained in the community’s governing documents, which includes the declaration of covenants, conditions and restrictions that Read More...
Topics: Litigation, Covenant/Rule Enforcement
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CCIOA Corner - Alterations of Units
If your community’s declaration is silent as to interior alterations of units, did you know that Section 211(a) of CCIOA authorizes owners to make improvements or alterations to their units without seeking board approval?Specifically, Section 211(a) authorizes owners in post-CCIOA communities (com Read More...
blog 
Booting: Should it be Illegal?
Does your community use booting as an enforcement mechanism? “Booting” a vehicle involves placing a metal lock (i.e. “boot”) on one of the vehicle’s wheels making it impossible to drive or move the vehicle until the boot is removed. Although booting is not as popular as towing, it has be Read More...
Topics: Litigation, Covenant/Rule Enforcement
news
Can a Board Adopt a Rule Banning Renters from Keeping Pets?
Q: Can the board adopt a rule that prohibits renters, but not owners, from having pets?A: This is a common question, particularly with condominium projects in the mountain resort areas. Many tenants in mountain communities rent on a short-term basis, and there is the perception that short-term fou Read More...
blog
Solar Panels: Let the Sun Shine In But Only After Approval
Colorado law prohibits associations from adopting rules or regulations that effectively prohibit the installation of solar panels, although associations are allowed to adopt reasonable rules governing such installation, which can be based on aesthetic considerations. Such rules must also not signif Read More...
Topics: Litigation, Covenant/Rule Enforcement
news
So the homeowner has requested a hearing, NOW WHAT?
As board members, it is difficult to follow all the rules and requirements set forth in the governing documents and Colorado law when it comes to imposing fines and scheduling hearings. So when a request comes in from a homeowner requesting a hearing, the task seems insurmountable. However, if Read More...
Topics: Litigation, Covenant/Rule Enforcement
blog
Time To Review Your Covenant Enforcement Policy
What is a nuisance? How is it defined in your Association's governing documents? Is your covenant enforcement policy up-to-date and void of vague language? Get all the details and find out why this is so important in our most recent blog post.
Read More...
article
The FCC's Rule on Satellite Dishes and Other Antennas
Although the FCC adopted its Over-the-Air-Reception Device Rule (“OTARD Rule”) in 1996, there still seems to be confusion about how it affects homeowner associations. In short, the OTARD Rule prohibits restrictions that impair the installation, maintenance or use of satellite dishes that are les Read More...
Topics: Litigation, Covenant/Rule Enforcement