Legal Question in Real Estate Law in Colorado
Do HOA covenants overrule city law?
Which takes precedence - a city law or an HOA covenant? Our HOA states that all dogs must be kept in the owner--name removed--yard - no exceptions. Our city allows dogs to be in a neighbor--name removed--yard with said neighbor--name removed--permission. Who has the ultimate authority on this matter? The neighbors in our cul-de-sac ENJOY letting the dogs play together in the evenings. Nobody minds a neighbor--name removed--dog entering their yard. Someone down the street complained to the HOA about this (the one who complained doesn't live in the cul-de-sac, nor do the dogs enter their yard. These people just like to complain!)
Can we continue to allow our dogs to play together in our collective yards? Or does the HOA have the authority to force us to stop?
Thanks!
1 Answer from Attorneys
Re: Do HOA covenants overrule city law?
The HOA covenant would control. The city law imposes a minimum standard by which persons with dogs should behave in the city. Property owners, via the covenants, have a right to make that law more restrictive. Of course, the covenant could be changed by vote of the homeowners pursuant to the bylaws of the HOA.
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