Denver, CO asked in Real Estate Law for Colorado

Q: Does an HOA have the right to require lot owners to have their property sprayed for noxious weeds? What if they refuse?

HOA wants to know if CC&R can state that HOA has the right to spray individual owner's property for noxious weeds, or does HOA needs approval from each individual owner to do so?

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

A: This is dependent upon the specific language in the Covenants. Generally, an HOA would have the right to demand the owner spray and to enter and spray if the owner fails or refuses and to fine owner and assess costs to owner. But, you should get a specific reading of your documents before you take action.

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