Legal Question in Civil Litigation in Colorado

Re: Individual home owner rights vs. the HOA

The answer to your question depends, in part, on the language of the covenants and / or bylaws that govern your property. The answer also depends on the scope of the homeowners association's authority, which should be defined in the covenants and/or bylaws. Even if the homeowner's association has the authority to enact such a rule, you may still be able to challenge it on the basis of the unreasonable burden on the use and enjoyment of your property that it creates. Unfortunately, I am not able to provide you really meaningful advice without first reviewing the governing documents for the subdivision, including the covenants and the homeowners association rules and bylaws. I you want to fax them to me, I would be happy to take a look at them. Feel free to e-mail me if you would like the fax number.