Discovery – It’s Not Just a Channel

Although Discovery is a very interesting cable channel, it is also a broad all-encompassing term to describe the fact-finding process in a lawsuit. Lawyers are literally discovering facts, evidence, witnesses, and case theories utilizing a variety of discovery tools.  Without the aid of discovery tools it would be nearly impossible for lawyers to litigate civilGo to Resource

Covenant Enforcement Made Easy

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

Collecting Covenant Enforcement Fines

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

How to Properly Impose a Fine

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
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