Colorado Springs, CO asked in Real Estate Law for Colorado

Q: What can be done to force HOA to enforce covenant disallowing business to be run out of residence?

Resident/Homeowner running business out of house. This activity is specifically addressed in covenants and disallowed. HOA initially reported that business was in violation and that enforcement action would take place to assure compliance. HOA also stated that it was not in compliance with city zoning. City states that HOA takes precedence. Homeowner requested "Home Occ" permit from city and was granted one, even though it was in violation of city zoning. City was aware of this prior to issuance, however, stated that homeowner represented that HOA would approve/allow after city issued permit. Which city did even though they had report prior to issuance that it was in violation of HOA and city. City stated that code enforcement could be contacted after issuance. So, city issued even though they had info showing business was nonconforming per city reqs and in violation of HOA covenants. HOA is unresponsive to emails and calls requesting enforcement of covenants take place. Help

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1 Lawyer Answer
Donald C Eby
Donald C Eby
Answered
  • Colorado Springs, CO
  • Licensed in Colorado

A: Are you ready to bring suit against the HOA to demand it enforces the covenants?

1 user found this answer helpful

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