Legal Question in Real Estate Law in Colorado
Community Association, Trespass and False Reporting
As a member of an HOA, I am often at odds with our Board. They have a habit of not following the Declaration. Recently things became somewhat adversarial when a number of Homeowners questioned the method of assessment increases and capital expenditures that exceeded covenant limits. As a retaliatory measure, my home was entered without authorization with the use of an access key for cases of emergency. There was some snooping, but it seems that nothing is missing. Additionally, false allegations were made with Public Health claiming that the conditions were very unsanitary and that there were infestations. Health Inspectors dismissed the claim as unfounded. Through Open Records I was able to obtain the complaint and the individual that made it. It points directly to the Board of Directors and the Management Company. I have been violated. I am made as hell. What can be done? What should be done? What criminal and civil actions are possible?
In Colorado.
1 Answer from Attorneys
Re: Community Association, Trespass and False Reporting
It is impossible to determine your rights and those of the members without review of the governing documents and review of the board minutes. Under the CCIOA, the members have various rights and there are the standard fiduciary duties that the board must follow.
As to the trespassing, that does not appear to rise to the level of a criminal claim. It may or may not rise to a civil claim. Once again, this really depends on what was in that report, the rationale for this action and the terms of the governing documents. Ultimately, without a review of all relevant materials it is impossible to say which is the best way to proceed.
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