My neighbor has built a fence in violation of our association’s covenants. I have reported this to the board, but they have declined to act on the matter. May I, as an individual owner, enforce the co
Yes. Homeowners in communities created before and after the enactment of the Colorado Common Interest Ownership Act (“CCIOA”) have the right to enforce the association’s covenants against another owner by filing a lawsuit.
The scope of your enforcement abilities as an owner, however, is not as broad as your association’s. An owner does not have the authority to enforce the payment of assessments. In addition, you may not seek to fine the violating owner, but may send a letter demanding compliance and/or file suit to enforce the covenant. Before making the decision to take your neighbor to court, you should be aware that if you do, CCIOA provides for the award of attorney fees to the prevailing party. Therefore, if you win, your neighbor will pay your attorney fees, but, if you lose, you may find yourself paying your neighbor’s legal bills.
Community Essentials - May 2006
The scope of your enforcement abilities as an owner, however, is not as broad as your association’s. An owner does not have the authority to enforce the payment of assessments. In addition, you may not seek to fine the violating owner, but may send a letter demanding compliance and/or file suit to enforce the covenant. Before making the decision to take your neighbor to court, you should be aware that if you do, CCIOA provides for the award of attorney fees to the prevailing party. Therefore, if you win, your neighbor will pay your attorney fees, but, if you lose, you may find yourself paying your neighbor’s legal bills.
Community Essentials - May 2006
