#Covenants and hoa free#

Impose a fine. This is the most typical form of covenant enforcement. Most Associations have the power to impose reasonable fines for violations of the declaration, bylaws, or rules and regulations of the association. However, an owner must be given notice of an alleged violation and an opportunity to be heard regarding the violation before a fine can be imposed.When considering the various options available to an Association, the first thing a Board should do is consult their governing documents. Typically the Association’s Declaration will specifically state what options are available to enforce the covenants. If not, Colorado law provides basic rights for most Associations, such as imposing fines or instituting a lawsuit. Importantly, we do not suggest some remedies, such as self-help or filing a covenant violation lien, without specific authority in the Association’s Declaration. As a general matter, it is the Board’s fiduciary duty to enforce the covenants in its community. However, this doesn’t mean that they must file a lawsuit against every owner who hasn’t taken down their holiday decorations yet. It does mean they should consider the evidence in each situation and decide whether or not, in its business judgment, it is worth pursuing an alleged violation, and if so, what action they should take. An owner’s complaint of a barking dog may not be worth pursuing if it’s unclear who owns the dog in question. On the other hand, it is likely worthwhile to pursue an Owner who has painted her home hot pink in violation of architectural standards.

#Covenants and hoa free#

Ask the president, too, about interest among residents in serving on the board: Is there high motivation to do so or relative indifference? This conversation may also motivate you (or not) to serve on the board yourself one day, a move that would require getting elected and giving up some free time for your new responsibilities.The young man living at 101 Crazy Daisy Avenue hasn’t mowed his lawn in over a month. The couple just down the street has two beagles that embark on a nightly duet with the moon. Another couple has been camping in their motor home for over a month…in their front yard. And don’t forget the bank owned ranch sitting vacant on the corner. The rest of the community is up in arms and demands action. What is a conscientious Board to do?Ĭovenant enforcement is one of the more unpleasant tasks faced by homeowners associations. It is never easy to tell your neighbor they must mow their lawn or put a muzzle on their pets. Most owners realize that there are certain rules that they must abide by when moving into a covenant controlled community. However, some do not, and some choose simply to ignore them. In those situations it is up to the Board to exercise its authority to ensure compliance with the covenants. This article provides an introduction to some options for a Board to consider when pursuing covenant violations. Please keep in mind that this article is not meant to be an exhaustive discussion of each remedy, and an Association should contact legal counsel to discuss their options before moving forward with an enforcement action.Īn initial question that we often receive is whether a Board must do anything to enforce the covenants? A simple answer to this question is YES. Schedule time to speak with the HOA president: This will help you get a sense of whether you want this person making decisions on your behalf about the development.As with other governing bodies, HOAs can be hampered by egotism, power plays, and petty politics. How collegially does the board function? Are differences in opinion usually handled civilly and constructively? Be alert for indications of frequent, even perpetual, drama. Talk to some of the community's current owners: Preferably, you'd talk to ones who are not on the HOA board and have lived in the building or community for several years.Investigate its reputation before buying: If the HOA has some employees or companies to which it contracts out tasks, ask about these entities and their work.