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?
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
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.