After receiving a fine for the violations, the resident (who was a relative of but not the owner of the property) started writing letters to the association threatening to retaliate. The resident ultimately filed mechanic’s liens against the real property of the members of the board for the association. He was defiant, unapologetic and admitted the liens were in retaliation for what he claimed was improper covenant enforcement action against him.

We twice obtained injunctive relief from the court removing the spurious liens, together with attorney fee awards. The conduct continued. On the third occasion, the District Court Judge removed the spurious liens and also entered an injunction prohibiting the person from misusing the mechanic’s lien process again. The materials were forwarded to the Douglas County Sheriff’s office, which investigated over a six month period. The resident admitted to filing the liens in an interview with the sheriff’s investigator and admitted the liens were filed in retaliation for perceived mistreatment.

Based upon this record the Sheriff's Department recommended, and the District Attorney agreed, to file criminal charges. The resident was charged with six counts of offering a false instrument for recording. This is a class six felony offense in Colorado, punishable by fines and imprisonment exceeding a year.

This situation demonstrates that remedies exist in the criminal justice system for particularly egregious violations of personal property rights. While most situations resolve out of court or with civil court involvement, penal statutes occasionally can be invoked to protect property rights.
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