Litigation Resources

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 protect and enhance property valueGo to Resource

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 Interest Ownership Act (“CCIOA”) explicitly states that fines areGo to Resource

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 associations cross the t’s andGo to Resource

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 association ages, its needsGo to Resource

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 schedule of fines.  That being said, thereGo to Resource