Q.  Is a board of directors required to enforce an association’s covenants if it has not gotten any homeowner complaints concerning the violation?
 
A.  As a general rule, board members have a fiduciary duty to enforce the covenants. However, even though boards have this fiduciary duty, it does not require boards to go looking for violations. The board may want to receive a complaint before investigating and taking action. However, that choice, while entirely appropriate, could provide a number of defenses to homeowners who violate covenants. The defenses of selective enforcement, abandonment, and/or waiver could be raised by homeowners who receive notices of violations for things that others within the community have done without receiving a violation notice and assume that the association knew of the other violations and did nothing.  (Click here for a past newsletter article addressing the top 10 covenant enforcement mistakes associations make.)
 
Q.  I live in a community in which all the buildings have cedar shake shingles. I want to replace this flammable roofing material with nonflammable asphalt shingles. My association is telling me I have to use cement tiles, which will be extensively more expensive. Isn’t there a law prohibiting my association from doing this?
 
A.  Until recently the Colorado Common Interest Ownership Act (CCIOA) contained a provision that associations could not prohibit homeowners from replacing flammable roofing with nonflammable roofing. This provision gave associations the authority to specify what materials could be used to replace the flammable roofing, as long as the specified materials did not cost more than it would to replace the flammable roofing with the same flammable roofing. However, SB 89, which was signed into law this past May, amended the Colorado Common Interest Ownership Act (CCIOA) and took out the cost restriction on association specified roofing materials. CCIOA now contains a provision that simply prohibits associations from requiring the use of cedar shakes or other flammable roofing materials. Other than banning associations from requiring flammable roofing materials, CCIOA does not place any further restrictions on what types of materials associations may require homeowners to use. 
 
 
 

Lunch Forums
For Managers

September 7
Did We Really Discriminate?
12:00 - 1:30 PM

Arvada Office
5610 Ward Road
Suite 300
(1 mile north of I-70)

October 5
Can You Manage Insurance Claims?
12:00 - 1:30 PM

Arvada Office
5610 Ward Road
Suite 300
(1 mile north of I-70)




Dinner Forums
For Board Members

September 26
Success Basics for Board Members
6:00 PM - 9:00 PM

Arvada Office
5610 Ward Road
Suite 300
(1 mile north of I-70)


September 28
Governing Your Association Lawfully and Effectively
6:00 - 9:00 PM

Fort Collins Office
4703-A Boardwalk Drive

Click here to register