Q: Can a real estate Restrictive Covenant be amended by the HOA president without a discussion or vote by the community?

A: This is a hard one that would require some legal research. Hence, you may want to hire an attorney.

In general, a HOA president cannot change a restrictive covenant. That would require an agreement by all the landowners via deed. There is a very good reason why restrictive covenants are written prior to selling any property. They are very difficult, if not impossible, to modify once the lots have been sold.

That being said, usually, there is some leeway in the covenants for the HOA to make rules to enforce the restrictive covenants. These rules have to align with the covenants and are governed by your bylaws. If they are contrary to the bylaws then they can voided via court process. Normally, the HOA has to vote, a certain percentage of homeowners may need to be present, and so on.

Here you have a rule that the president enacted that essentially defines the term, “under control.” I think that an argument can be made that for a dog to be under control then it must be on a leash. You could also argue that the vagueness of the covenant swings in your favor. Hence, you would need to do legal research on the matter.

If the president did not follow the bylaws in enacting the rule, then it may be void. Start by checking the minutes for the meeting where he enacted the rule.

Please be aware that any answer is based on all the events occurring in Colorado. Further, please be aware that this is not legal advice. This is generic information intended to help the reader develop questions to ask an attorney when they are ready. Each case is different. Anyone reading this answer in need of legal advice should contact an attorney.