Grand Junction, CO asked in Land Use & Zoning and Real Estate Law for Colorado

Q: I a the president of our neighborhood hoa. An owner has built an addition on his property. How can we get it removed?

There is an owner who has built a "screened in porch" off the side of his house, but he built it on the common area, which he does not own. The HOA owns all common areas. I have the papers that show the property lines, and he has definitely built the room on hoa property the covenants (that he signed when he bought the place 20 yrs ago) state that no one is allowed to build additions to their homes, and, or have any additions on the common area. How do we go about getting it removed? I tried to have the county come out and inspect it, but they said it was smaller than 200sq.feet and they won't do anything to help. What can we do to get this tacky building removed?

1 Lawyer Answer
Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Real Estate Law Lawyer
  • Parker, CO
  • Licensed in Colorado

A: Good afternoon,

The HOA will most likely need to file a lawsuit against the property owner. If the structure is on HOA property, then it may fall under trespass law. In the alternative, it may be a breach of covenants. Regardless, if they are not moving it on their own then you may need to take legal action.

I would contact the HOA’s attorney to discuss if they have one.

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