When neighbors break HOA covenants, it can negatively affect you and your property value. You’d expect your homeowners association to act when you file a complaint, right? Well, get this, your HOA does not always have to act right away, or even at all, to your complaint.
Litigation attorney Steve Whitmore says you can actually go around your HOA to have your neighbors comply with the covenant rules. He explains everything in the video.
Set up a meeting right now with one of our litigation attorneys.
For your future reference and convenience, there is a full transcript of Steve’s video below.
A lot of people buy homes in covenant-controlled communities because they know there are rules in place pertaining to things like parking, landscaping, construction, excessive noise, things like that. So it can be really frustrating when your neighbor breaks the rules and your HOA does nothing about it.
My name is Steve Whitmore, and I’m an attorney with Robinson & Henry.
What a lot of people don’t realize is that HOAs aren’t necessarily required to enforce all the rules all the time.
So what do you do if your HOA can’t or won’t enforce the rules? Well, you can argue with the HOA, and sometimes that’s helpful and sometimes it’s not.
But the good news is if the homeowners association is unwilling to help you out or can’t help you out, the Colorado Rules of Civil Procedure give you a remedy.
The Colorado Rules of Civil Procedure give you the right individually to maintain an action against your neighbor, maybe enjoining the neighbor, stopping the neighbor from breaking the rules, or sometimes you can even have your neighbor held in contempt of court if the circumstances warrant it.
You might also be able to recover your attorney fees, but knowing that this rule exists and knowing how to use it is a very important tool.
If you’re interested, and need to talk to somebody about enforcing the rules against your neighbor, reach out to us at Robinson & Henry.
Call us at 303-688-0944 or schedule online.