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The Importance of Recorded Covenants

By Lawrence B. Leff, Mark K. Payne, Suzanne M. Leff, Stan V. Jezierski

The Colorado Court of Appeals in the recent court decision of Abril Meadows Homeowner's Association v. Castro, 211 P.3d 64 (Colo. App. 2009) ruled that an association whose declaration of covenants was unsigned, could not enforce it's covenants against it's homeowners. The association sued two homeowners to foreclose a lien for unpaid covenant violation fines which exceeded $100,000. At trial, the homeowners argued that the declaration of covenants was invalid since it read more

Full post as published by Colorado Homeowners Association Law Blog on September 08, 2009 (boomark / email).