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Colorado Homeowners Association Litigation Lawyer

What you need to know.

HOA (Homeowners Association) rules and regulations can be complex. What are your rights and responsibilities?

More and more homeowners are subject to the rules and regulations of an HOA (Homeowners Association). What are your rights? A knowledgeable attorney can help you interpret the HOA agreement and advise you on your rights and responsibilities. Fighting the HOA on your own can be a delicate matter. This is your home and your neighborhood. You need to make sure you have the law on your side to resolve a dispute. Robinson & Henry’s experienced attorneys can help you to ensure the best outcome. Let our experience guide you. Contact an attorney for a consultation.

Colorado Homeowners Association Litigation Lawyer Resources

Successfully Defended Against HOA Violation

Homeowners Association LitigationAttorney: Kristoffer Wathne

June 8, 2021 – Many Colorado neighborhoods are governed by Homeowners Associations (HOAs). The rules of the HOA community are described in what’s called the Declaration of Covenants, Conditions, and Restrictions (CC&Rs). The CC&Rs describe the requirements and limitations of what you can do with your property. The goal of the CC&Rs is to protect, preserve, and enhance property values in the community. However, sometimes HOAs can get a little overzealous in enforcing them.

In this case, our clients came to us because they were facing fines for breaching their HOA’s CC&Rs. They received a warning letter after leaving their garbage can outside for a week. When our clients ignored the first letter, they received a second letter telling them they had to attend a hearing to address the garbage can issue.

Our HOA attorneys attended the hearing with the clients and were able to convince the judge to remove the fines.

Successful Settlement of Lawsuit Against HOA

Homeowners Association LitigationAttorney: Kristoffer Wathne

May 29, 2021 – If you live in a planned community these days, you likely are part of a Homeowner’s Association. An HOA essentially has ultimate authority over any modifications a resident would like to make to their home. These associations can get unwieldy due to lack of accountability and oversight.

Our client, an active-duty member of the military, joined his fellow homeowners in a lawsuit filed against the HOA for changing insurance policies in violation of the Covenants, Conditions & Restrictions (CC&Rs). The lawsuit resulted in an exorbitant sum for the deductible following extensive damage in the community from a hailstorm.

However, our client was deployed to Germany while litigation was still pending, and the HOA lawyer told the court they were unable to locate him. As a result, our client was not able to collect the money he was rightfully owed from the judgment. His case was also postponed due to the Service Members Relief Act.

Once Robinson & Henry’s civil litigation attorneys picked up the case following the postponement, they were able to reach a settlement with the HOA that netted our client $13,000.

Homeowner Lawsuit Defense

Homeowners Association LitigationAttorney: Geanne Moroye

May 22, 2021 – Many planned communities have a Homeowner’s Association that regulates everything from what paint colors residents can choose for their home to how a yard can be landscaped. And it’s pretty common for an HOA to levy stiff fines against homeowners who violate the rules.

A homeowner sought our Litigation Team’s help after their HOA sued them for unapproved work completed on their yard. Our litigation attorneys answered the complaint on behalf of the client and represented them at mediation. Our attorneys won a motion to set aside default, and the case was settled at mediation.

While it is impossible for some cases to avoid going to trial, our litigation lawyers aim to exhaust all legal options before venturing into court. Doing so saves the client time and money.

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