QUESTION

hoa board and managment fail to enforce rules

Asked on Jul 29th, 2013 on Residential Real Estate - Colorado
More details to this question:
I have sent many reports to our hoa and they claim that enforcement of the rules are hard and can't get them resolved. Is there a law suite that can be filed against the hoa board and management company?
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1 ANSWER

Litigation Attorney serving Castle Rock, CO
3 Awards
Your HOA is under a fiduciary duty to enforce the rules of the HOA.  You may file suit for injunctive relief which is where the Court orders a party to take or stop a specific action.  You may also file suit for punitive damages or other damages dependant upon the specific failure.  Most HOA's don't like to be sued or hire lawyers because it is expensive so filing suit can be a very effective means of getting their attention. Lastly, the CO legislature passed legislation requiring HOA's to register and to be governed by an agency being established under DORA, this to will give you more leverage in the future. I hope this helps, call me is you you would like to discuss the facts of your specific case.  Don Eby 303-688-0944
Answered on Jul 30th, 2013 at 6:55 PM

Call Don at (303) 688-0944 or email at Reception@RobinsonandHenry.com This information is provided AS IS; and does not create Client Relationship.

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