Legal Question in Real Estate Law in Colorado

Home Owner Association-Owner Rights

I belong to a homeowners' association, which is not upholding the covenants of the association. To make a long story short, I wrote a letter along with 12 other property owners in the association, about a neighbor that has been breaking many of the covenants. The association has done nothing to remedy the problem by upholding the covenants. I assume that this is then some sort of breach-of-contract. I have decided not to pay my current dues as a result, but I am not sure of the legal repercussions or my legal rights, hence my question:

What rights do I have to forfeit paying my dues if they fail to enforce the covenants of other homeowners, given the circumstances stated above? I.e., can they still enforce any of the covenants, such as those regarding the fees due or by putting a lien on my property, etc., if I fail to pay my regular dues?

Asked on 1/08/02, 5:55 pm

1 Answer from Attorneys

Louise Aron Attorney at Law

Enforcement of covenants

Louise Aron

Attorney at Law

Lakewood Office:

1536 South Ingalls

Lakewood, Colorado 80232 USA

(303) 922 7687

fax (303) 922-1370

Cherry Creek Office:

300 South Jackson #100

Denver, Colorado 80209 USA

(303) 780-7339

Satellite offices:

Boulder - 4450 Arapahoe Avenue, #100

DTC - 4610 South Ulster, #150

A TOLL FREE NUMBER is available to clients outside the Denver metro area.

My email: [email protected]

My web site

LawGuru User

Dear LawGuru User:

I would need to check the declarations, bylaws and other documents relevant to your property to give you a definite answer to your question.

Most declarations provide that foreclosure of the property can occur when dues are not paid, and this can happen irrespective of the reason why dues have not been paid.

I have in the past assisted clients to enforce covenants when a board is not doing its job, but I would need to examine the documents to determine what your options are.

Thank you for using LawGuru.


Louise Aron

Attorney at Law

My web site

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Answered on 1/09/02, 11:37 am

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