A CHECKLIST FOR BOARDS TO FOLLOW
1. Check your governing documents: what is required for the Association under your Declaration, Articles of Incorporation and Bylaws?
A. Also, what optional coverage are you authorized (by the documents) to consider?
B. What insurance coverage must the Owner have?
When the documents say how tall it is. And when it does not say how tall one story is, there is a very good chance that language in the governing document limiting a structure to one story will be unenforceable as a restrictive covenant.
In a recent Colorado Court of Appeals decision, Allen v Reed, 155 P.3rd 443 (Colo. App. 2006) the appellate court reversed the trial court’s granting a permanent injunction ordering the defendants to remove their A-frame addition to their home, which contained a bedroom loft suite. The lawsuit did not involve the Association, but was an action between two homeowners regarding an interpretation of the Association’s restrictions limiting structures to one story. It was unclear whether the Association Board had the authority to enforce and there was no existing architectural control committee to enforce the restriction.Continue Reading When is One Story One Story?
Those of us that work in the community association industry have been closely following the path of the New Jersey case of Committee for a Better Twin Rivers v. Twin Rivers Homeowners Association. On July 26, 2007, the New Jersey Supreme Court announced its decision, affirming the trial court and reversing the court of appeals, in determining that, under the New Jersey Constitution, the homeowners association’s rules restricting signage did not violate the right of free speech, that the constitutional right of free speech is not absolute, and citizens may waive or otherwise curtail their rights. A little background is helpful to understanding this case, and what its implications are to those of us in Colorado.Continue Reading A Constitutional Right to Free Speech in Your Association? Not Yet
On August 1, 2007, the Denver Police Department notified Denver City Council members of a scam that has raised some concern among residents in the Denver metropolitan area. If you recently received a flyer on your door about a sex offender relocating to your neighborhood, please continue reading the following announcement from the Denver…
