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Association Prevails in Covenant Enforcement Matter
One-Year Statute of Limitations Period Deemed Not Applicable to Continuing Violation
The Arapahoe County Court recently ruled in favor of an association on a covenant enforcement matter that Orten & Hindman tried. The association filed a lawsuit against a homeowner for violating a rule which required garage doors to be painted to match the field color of the house. This rule was a clarification of the covenant requiring owners to maintain their property in a neat and clean condition. The rule was also a result of the common scheme that had existed in the association since its creation in 1976. The Court ruled that the one-year statute of limitations period did not apply to prevent the suit as the violation was of a continuing nature and the covenant to maintain, or a rule regarding painting of buildings, was not a “building restriction”.
[FULL STORY]
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Mail Ballots Effective If Done Right
The Colorado Revised Non-Profit Corporation Act allows associations to use mail-in ballots in place of actual attendance at a meeting or proxies if, and only if, the required procedures are followed. If mail-in ballots are used it is not necessary to hold a meeting as all voting is done by mail.
[FULL STORY]
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What Makes a Good Rule?
If there are common properties, owned, shared, and paid for by residents of a community (the very definition of a common interest community association), there should be rules for the equitable sharing of their uses. Without rules, the members of the community sharing ownership interest in the common elements can exercise their ownership interests without limit, and chaos would ensue.
CAI’s GAP Report #7, Drafting Association Rules, looks at the rules that association boards adopt, and offers guidelines for the development of those rules. This article is an excerpt from that GAP Report.
[FULL STORY]
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Staying On Track At Board Meetings
The ability to run a successful meeting is learned, not inherited. Well-planned, efficient, productive meetings generate respect for the community association board of directors and its policies. Communities which respect their leaders have fewer problems and less turmoil. Much of this respect, which must be earned, is an outgrowth of the board meeting.
[FULL STORY]
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Orten & Hindman, P.C.
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We do one thing and we do it well...Community Association Law
To learn more about O&H's services, visit our website at www.ortenhindman.com
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Educational Events
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Boot Camp Part 4: Governing Your Association Lawfully & Effectively August 14
September Lunch Forum: Who's Responsible for That? Maintenance and Repair Provisions in Covenants September 5
September Breakfast Forum (Fort Collins): Who's Responsible for That? Maintenance and Repair Provisions in Covenants September 6
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Community Associations Institute
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The Community Associations Institute (CAI) is a nonprofit association that provides education and resources to community associations. To find out more about CAI visit www.caionline.org.
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