Resources

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

Filed Under Enforcement and Fines

Posted September 17, 2011

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

Cigarettes and Condominiums – What’s A Board To Do?

Filed Under Enforcement and Fines

Posted September 17, 2011

Zack’s downstairs neighbor, Ellen, has had another bad day at her stressful job as a mortgage processor. Although Zack hasn’t actually spoken with Ellen since she’s come home from work, he knows that she is not happy. How does he know this? Because Ellen only smokes when very frustrated and his luxury condominium now smellsGo to Resource

Avoiding Common Covenant Enforcement Defenses

Filed Under Enforcement and Fines

Posted September 17, 2011

At one time or another, most associations are faced with the necessity of taking an owner to court to enforce restrictive covenants. The law in Colorado is that restrictive covenants must be enforced by the courts as written and the usual method of judicial enforcement is to request that the court issue an injunction. AnGo to Resource

10 Vital Components for Architectural Review Forms

Filed Under Enforcement and Fines, Litigation, Samples, Forms, Checklists

Posted September 17, 2011

A major objective of the architectural review process is to have in place guidelines and procedures that are perceived by homeowners to be fair and reasonable. After all, if owners perceive the process as fair, they are much more likely to voluntarily comply with those guidelines and procedures. The use of forms can and shouldGo to Resource

Harsh New Time Limits on Construction Defect Claims

Filed Under Construction Defect, Litigation

Posted September 17, 2011

A recent Colorado Supreme Court decision, Smith v. Executive Custom Homes, Inc., 230 P.3d 1186 (Colo. 2010), considerably shortens the time limit for bringing many construction defect lawsuits. Homeowners and homeowner associations risk losing the right to seek reimbursement from builders, developers and other construction professionals unless they carefully and quickly act upon discovery ofGo to Resource

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