Jurassic Covenant Violations
I do not have a green thumb. Our new attorney, Doug, is an excellent gardener, so I am trying to figure out ways to convince him that beautifying my lawn is a requirement of his employment. I think he's starting to figure me out.
I'm not the only one who wants a nicer lawn. Now that it's Spring, many homeowners throughout Colorado are breaking out their shovels and trowels, turning their soil, and installing velociraptor lawn ornaments.
We always see an increase in covenant violation matters referred to our office in Spring. This is due to several factors - associations do not want to force someone to undertake remedial actions for older violations in uncooperative weather, owners feel the desire to improve their properties without the association's prior approval, and associations realize that the velociraptor lawn ornaments installed last year are looking awfully permanent.
Depending on the nature and type of violation, an association may only have a year to file a lawsuit to compel removal of a covenant violation. That year becomes extremely short when taking into account the time spent by the association's management and Board, trying to convince a homeowner to voluntarily come into compliance. All too often, we see associations that try to resolve things amicably lose their power to resolve things with the court system.
If your association has a covenant violation, discuss it with your attorneys to make sure you aren't missing your window of opportunity. If you do, the only thing in your window could be your neighbor's angry dinosaur!