share
HOA Resource Center
news 
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
video 
The Who, What, When and How of the Architectural Review Process
Whether ARC submissions are reviewed by the board, ARC committee or manager, this class will provide you with tools to use when receiving, reviewing and responding to ARC submissions. In this session, we will discuss how to set up architectural criteria for reviewing applications and creating Read More...
Topics: Covenant/Rule Enforcement, Video
video
Marijuana and Community Associations
Marijuana is a hot topic in Colorado. Is there anything an association can do to prevent owners from using, growing or opening a dispensary in a mixed use community? This video discusses different tools associations could use in order to control marijuana use.
Read More...
Topics: Litigation, Covenant/Rule Enforcement
news
Because I Said So, That’s Why!
For those of you who have served, or currently serve on a board of directors or an architectural review committee, have you ever felt like the evil parent telling your child “no”? No matter how you put it, the child continues to argue that he/she should be able to carry out the “forbidden” a Read More...
Topics: Litigation, Covenant/Rule Enforcement
news
Options in Enforcing Covenants
One of the most commonly asked questions by board members is “what do we do when a homeowner violates our covenants?” As a preliminary matter, the association should have a policy in place that addresses the enforcement of covenants and rules, including notice and hearing procedures and the sc Read More...
Topics: Litigation, Covenant/Rule Enforcement
news
Elements of Enforceable Rules
Thomas Jefferson said, “We might as well require a man to wear still the coat which fitted him when a boy, as civilized society to remain ever under the regimen of their barbarous ancestors.” His comments are as applicable to associations as they were to the young Americas. As a community associ Read More...
Topics: Litigation, Covenant/Rule Enforcement
news
How to Properly Impose a Fine
When an owner violates a rule or covenant and doesn’t voluntarily comply after a courtesy letter is sent, most associations move to the next step in their covenant enforcement policy, which is typically the imposition of fines. This is an area where pitfalls can abound and it is important that ass Read More...
Topics: Litigation, Covenant/Rule Enforcement
news
Collecting Covenant Enforcement Fines
Most associations assess fines if a homeowner does not resolve a covenant enforcement violation. If the homeowner does not pay those fines, what can the association do? Generally speaking, the association can collect the fines just as they collect unpaid assessments. In fact, the Colorado Common Int Read More...
Topics: Litigation, Covenant/Rule Enforcement
news
Covenant Enforcement Made Easy
Enforcing covenants of an association is one of the most difficult jobs a board of directors must embark upon, while at the same time being one of the most critical functions of the board. Most declarations of common interest communities specifically state that the purpose of the association is to p Read More...
Topics: Litigation, Covenant/Rule Enforcement
blog 
Do Associations Have an Obligation to Enforce Rules/Covenants
In an interesting blog written by David Swedelson, an experienced community association attorney in California, he discusses a recent New York Times article which said that neighborhood nuisances, like overgrown yards or a persistent odor, could bring down the value of adjacent homes by 5-10%. Rea Read More...
Topics: Covenant/Rule Enforcement
blog
Homeowners Association Found Negligent for Failing to Resolve Second-Hand Smoke Dispute
After a five-week trial, a California jury found the Bella Palermo Homeowners Association negligent for failing to resolve a second-hand smoke dispute between neighbors at a Trabuco Canyon condominium project. The plaintiffs were awarded just over $15,000 for their claim that the association and m Read More...
Topics: Covenant/Rule Enforcement