Do Your Fines Work?

In the never-ending quest of boards to obtain owners’ voluntary compliance with associations’ covenants and rules, many boards rely on “Old Faithful” (i.e. the fine) as a motivator for compliance.   Because use of fines is so prevalent in our communities, it is important to take a step back every so often and review your fineGo to Resource

Covenant Enforcement: The Role Of The Business Judgment Rule

The Colorado Court of Appeals has ruled homeowners associations are entitled to broad discretion in the manner and method of pursuing covenant enforcement. A lawsuit challenging those decisions must prove the association acted unreasonably, in bad faith or in an arbitrary and capricious manner. Case law in Colorado provides that clear and unambiguous covenants mustGo to Resource

Court Upholds Amendment Prohibiting Smoking Inside Units

The homeowners at Heritage Hills #1 Condominium Association recently lit their victory cigars after Altitude Community Law successfully defended an amendment to its Declaration which prohibited smoking in the entire community, including inside the condominium units themselves.  Jefferson County District Court Judge Lily Oeffler found on November 7, 2006 that the passage of the AmendmentGo to Resource

Components of an Enforceable Rule

What makes a rule enforceable? An enforceable rule meets the requirements of the law and governing documents. What makes an enforceable rule a good rule? A good rule meets the needs and requirements of the community. When writing rules, boards should make sure the rules are both enforceable and “good”. In general, courts recognize theGo to Resource

Commercial Vehicles. If it Walks Like a Duck . . .

Declarations for most associations typically contain parking restrictions and most restrict commercial vehicles from parking within the community. Some associations have rules which contain parking restrictions of this nature as well. However, the majority of commercial vehicle restrictions do not define what is meant by “commercial” vehicle. A dictionary definition could be a vehicle usedGo to Resource
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