Worried About Property Improvements Without Proper HOA or Architectural Control Committee Approval in Colorado?

This article is intended for educational purposes only and not as legal advice

November 6, 2015

Relax.  C.R.S. 38-33.3-123 (2) states that notwithstanding any law to the contrary, no action shall be commenced or maintained to enforce the terms of any building restriction contained in the provisions of the declaration, bylaws, articles, or rules and regulations or to compel the removal of any building or improvement because of the violation of the terms of any such building restriction unless the action is commenced within one year from the date from which the person commencing the action knew or in the exercise of reasonable diligence should have known of the violation for which the action is sought to be brought or maintained.

It’s comforting to know for the countless people that go forward with landscaping, painting, and other external property improvements without abiding by the covenants nor going through the Architectural Control Committee process, if applicable, that after one year passes from when the HOA, ACC or angry neighbor knew or should have noticed the violation, it’s too late for them to do anything.  And, of course your neighbor knows immediately or reasonably should notice virtually immediately.  Similarly, the HOA is on premises (or should be) regularly.  So, when you combine the fact that it was likely noticeable from the time construction commenced on the improvements (or at least certainly after completion) with the reasonable diligence standard as to when they should have known, the clock likely begins to run very shortly after completion of such improvements.

I have 20+ short publications you can find at my profile page I researched and wrote primarily regarding Colorado real estate mixed in with bankruptcy as it applies to real property and measures to combat all types of financial fraud.  After today, I’m going to post once a week and try to do so on Mondays.  Next week, the topic is real estate property tax sales since those are coming up very soon for unpaid 2014 real property taxes.

Written by:

Michael Selinfreund
President/General Counsel
Cherry Creek Title Services, Inc.,
Agent for First American Title Insurance Company & NATIC