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
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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
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
Nearly every association has had to deal with the situation where an owner stops paying assessments and does not respond to late notices from the association. The association then refers the owner’s account to legal counsel, who files suit against the owner. At some point during the collection process, however, the owner files for bankruptcyGo to Resource
How do you know when you’ve won and achieved your goal in a collection action? Specifically, when should the Board consider accepting less than the total amount of the debt owed by a delinquent homeowner? How should you evaluate settlement offers to ensure the association actually gets the money it’s attempting to collect? It’s alwaysGo to Resource