Legal Question in Civil Litigation in Colorado
my wife and I opened a home business; after 1 week, we received a letter from our HOA stating things about why our home business violated the covenants; in one of the sections they sited against us:
10.6 Nuisance. No Owner of any Unit shall suffer or permit any noxious or OFFENSIVE activity to be conducted....
my wife is a professional massage therapist, licensed by the state of colorado and the federal government. we both find this wording to be SLANDEROUS. Am I correct in my reasoning and if I am can they be sued?
1 Answer from Attorneys
I doubt the conduct is a nuisance, though there could be other covenants that bar home-based businesses. I also doubt that the comment is libelous, as that requires publishing it to a third person, which might or might not have taken place here, depending on who the letter was sent to, but in this context, it likely is not actionable in any case (i.e., not worth pursuing).
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