Legal Question in Real Estate Law in Colorado
Enforcement of Court Rulings
Our HOA recently sued the owner of an adjacent subdivision to deny access through our private road system to his development. The District Court ruled in our favor. Local authorities (sheriff) are not interested in enforcing the ruling. If there is further trespass by the adjacent owner, must our HOA enforce any violations and if the HOA does not do so, will our failure to enforce jeopardize the ruling? How should the HOA handle enforcement/violations?
1 Answer from Attorneys
Re: Enforcement of Court Rulings
Afternoon,
You don't state what the court ordered. Was it damages? Was it an injunction? Specific performance?
You will need to provide more information. Depending on the order, you will have to enforce by contempt motions or related motions for damages. Talk to an attorney.