Community and neighbor disputes can usually be prevented, managed or minimized through open communication, facilitated dialogue where necessary, and good faith negotiation. A small percentage of disputes will persist and can lead to difficult, expensive and in some cases dangerous situations. The most serious disputes may require consideration of restraining orders, injunctions, or police involvement. Any one of these choices can be cumbersome, complicated and set off numerous unintended consequences.

A lesser known, yet efficient mechanism for serious disputes is a civil protection order (“CPO”). A CPO is similar to a restraining order, but less expensive and less difficult to implement than a standard restraining order or injunction. Colorado has a civil protection order (“CPO”) statute. Orten & Hindman has begun to successfully utilize these CPO’s in community association circumstances. The courts have developed streamlined systems for handling CPO’s. The CPO statute is increasingly receiving acceptance in the courts for community association disputes.

The CPO process is triggered by filling out a standardized set of forms. The paperwork is presented to a judge and testimony is then presented. If the judge is satisfied that imminent danger exists to the person or persons seeking protection, such as a manager or board/committee member, the judge will issue a civil protection order in the name of the person, or in the name of the company or association for the protection of the manager and board member. The court has considerable discretion in fashioning an order that will protect the party, however, typically the order will state in varying degrees of specificity that the defendant is not to have contact with or come within a certain distance of the party seeking the protective order.

A copy of the complaint, and the Judge’s order are then served upon the defendant with a citation requiring a hearing to be set not more than 14 days after the issuance of the CPO and citation. At the second hearing, if the court is satisfied after hearing from both sides that the CPO is appropriate, the court can convert the temporary order into a permanent CPO with the same or different provisions as the temporary civil protection order. Unlike a temporary restraining order or a preliminary injunction which expire within a certain period, a permanent CPO lasts forever. Permanent CPO’s are entered into a computer registry. Violation of a CPO is a felony. The CPO statute is broadly written and can be more readily applied to neighbor-to-neighbor, owner-to-board member, or owner-to-manager situations which are unfortunately becoming a reality in the community association world.

A CPO should not be a necessary or desirable rule in most community association disputes. Nevertheless, in aggravated and appropriate situations, the CPO is an effective and cost effective mechanism for managing conflict.