Covenant Enforcement

Subscribe to Covenant Enforcement via RSS

A Florida homeowners association recently took action to shut down a lemonade stand run by children ages five through ten. I remember the misspent days of my youth, sitting on the corner on a sunny summer weekday, wondering why no one in my rural neighborhood stopped by to sample my watered-down Countrytime…

Of course, I had five neighbors within a mile, and they all worked on Tuesdays. It appears the children in Florida have a better business plan – they are selling lemonade in an actual neighborhood. Their association, however, has taken the perspective that such sales are an impermissible commercial activity, prohibited by the association’s governing documents.Continue Reading When Life Gives You Lemons…Talk to Your HOA Before Making a Lemonade Stand

The Chicago Tribune recently reported on a story where a woman suffering from panic attacks has brought a lawsuit against her condominium association for violation of federal law. While the story wasn’t clear on exactly what federal law she is claiming the association violated, there’s no doubt that the federal Fair Housing Act (“FHA”) is at issue.

Mary Jo Stevens requested, and was granted, an accommodation to keep her toy spaniel (named "Boo") which she describes as her “psychiatric service” animal to assist in the prevention of frequent panic attacks. The Association, which has a strict “no pet policy,” has permitted her to keep Boo with the following restrictions: (1) Boo is required to be kept in a pet carrier while in the lobby and laundry rooms; and (2) Ms. Stevens must use a service elevator and side doors as she comes and goes with Boo. Continue Reading Lawsuit Against Condo Highlights Complexity of FHA & Assistance Animals

Okay so I admit it – I happen to think garden gnomes are cute as a bug’s ear! Surely my neighbors in the culdesac feel the same way. Maybe if we band together we can create a colony of gnomes in the HOA with a leprechaun or two thrown in for good measure. How cool would that be?! 

If you live in an HOA and have the compulsion to start a garden gnome colony or plan to make improvements to your landscape, home, or lot – here are things you need to know before you get started:Continue Reading Garden Gnome Alert: It Feels Like Spring!

Americans with Disabilities Act and Service Animals

 

Tomorrow changes to the Americans with Disabilities Act (“ADA”) will go into effect. One of the most widely publicized of these changes relates to “service animals.”

 

In a Fact Sheet published by the U.S. Department of Justice (“DOJ”), the DOJ describes the changes to the new rule relating to service animals as follows: “The rule defines “service animal” as a dog that has been individually trained to do work or perform tasks for the benefit of an individual with a disability. The rule states that other animals, whether wild or domestic, do not qualify as service animals. Dogs that are not trained to perform tasks that mitigate the effects of a disability, including dogs that are used purely for emotional support, are not service animals. The final rule also clarifies that individuals with mental disabilities who use service animals that are trained to perform a specific task are protected by the ADA. . .”Continue Reading Service Animals, Assistance Animals, the ADA and FHA – What does it all mean for HOAs?

In today’s tough economic times, many associations are struggling to pay their expenses due to several delinquent homeowner accounts and, oftentimes, overlook the importance of enforcing their covenants.

The board of directors for an association has a fiduciary obligation to ensure that homeowners are complying with the covenants contained in the governing documents. Covenant enforcement…

The Colorado Court of Appeals, in the recent court decision of Abril Meadows Homeowner’s Association v. Castro, 211 P.3d 64 (Colo. App. 2009), ruled that an association whose declaration of covenants was unsigned did not have the right to enforce its covenants against its homeowners.

Continue Reading The Importance of Signed and Recorded Covenants

With record rainfalls this season, Colorado community associations and managers have stayed busy responding to reports of water intrusion and hail damage. After the immediate excitement subsides, our phones start ringing. Managers and board members typically ask us some variation of the following questions about insurance:

Is the association or the owner responsible for insurance coverage? This question often arises in the context of condominium and townhome communities, and the answer depends on what the governing documents and controlling statutory provisions say. Often, the documents do not give clear guidance on which party bears the burden for insuring specific components, hence the call to the attorneys. The answers sometimes come as a surprise to uneducated owners and even association boards.

We recommend that associations evaluate insurance obligations with legal counsel and their insurance professionals to ensure proper coverage and to enable clear communication with owners about what coverage applies. Through the preparation of insurance and maintenance charts that summarize association and owner obligations, and the adoption of insurance guidelines that state insurance coverage responsibilities and provide step-by-step procedures for reporting and handling claims, associations can proactively educate owners and reduce confusion when losses occur.Continue Reading Rain, Rain, Go Away — All this damage … who will pay?

Open windows during the warmer months of the year allow you to experience the fresh, Colorado air.  But sometimes that air is not so fresh.  Secondhand tobacco smoke can make its way into your home, causing irritation and potential harm.  Community associations may have a role, and an obligation, in minimizing the impact of second-hand tobacco smoke in your home.

The Colorado Clean Indoor Air Act took effect nearly two years ago, on July 1, 2006. The Clean Indoor Air Act applies to community associations and prohibits smoking in restrooms, hallways, lobbies and other common areas in any public or private buildings, including condominium buildings, and within a fifteen foot radius of building entryways.  The law does not prevent owners from smoking in their residences, and does not clearly restrict smoking on private patios or balconies, although some associations impose more stringent smoking restrictions through their recorded covenants or rules.  Colorado community associations, and individuals, in violation of the Clean Indoor Air Act may face fines.  The law establishes a fine schedule of $200 for the first violation, $300 for the second, and $500 for the third and subsequent violations.Continue Reading Clearing the Air: Dealing with Secondhand Smoke

Governor Ritter signed HB 1270 into law on Thursday, April 24, 2008.  This new legislation amends C.R.S. 38-30-168, which has prohibited certain restrictions on solar energy devices since the late 1970s, and adds a new section to the Colorado Common Interest Ownership Act.  The new statutory provisions permit homeowners to install alternative energy generation devices, such as solar panels and wind generators, and other select, energy-saving improvements, despite any express prohibition of these items in the recorded covenants, conditions, and restrictions applicable to an owner’s home.  The statute will control in the event of a conflict between the terms of the recorded covenants and the legislation.  Homeowners associations and condominium associations may regulate these alternative energy devices only to the extent that the statutes allow. 
Continue Reading New Legislation Supports Homeowner Use of Alternative Energy Devices