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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
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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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Got Chickens?
The town board for the Town of Windsor recently directed its staff to prepare an update to the town ordinance allowing backyard chickens. The update is intended to remove the sunset clause in the ordinance which eliminates the need for the town board to review the ordinance on an annual basis. O Read More...
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Rules, Rules & More Rules
Recently, while searching the internet for interesting tid bits of homeowner association happenings, I ran across a blog entitled “Here are some of the Weirdest Homeowner’s Association Rules” by David Kearny.Given the title, I was expecting a review of old and antiquated rules similar to the a Read More...
Topics: Litigation, Covenant/Rule Enforcement
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CCIOA Corner—Fining Without a Fine Policy
Most individuals know that CCIOA requires associations in Colorado to adopt certain policies; one of these policies is the “covenant enforcement policy”, which specifies how violations are to be reported, investigated, and addressed. Additionally, these policies should contain fine structure Read More...
Topics: Litigation, Covenant/Rule Enforcement
news
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
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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