Denver, Colorado HOA Attorneys

Yes.

 

Gantenbein Law Firm has many defenses we frequently raise with success against the HOA. Our team has consistently shown these Boards time and time again, just how wrong they are.

 

Many homeowners believe they have no practical recourse against an HOA Board and see the board as a totally controlling entity,leaving no voice or input to individual homeowners. Undeniably, there are more HOA Boards that hold that same belief – they feel they are the absolute rule.

 

In Colorado, the Homeowners Association often has the majority of the power when it comes to disputes. However, that power can be circumvented or limited by a skilled attorney. 

 

It is very important that you develop a wise and strong strategy for dealing with HOA disputes. Many firms race towards aggressive litigation as a thinly-concealed effort to drive up attorney fees and costs. However, this often places the homeowner at risk for liability. Additionally, the HOA is comprised of your neighbors and an hasty or aggressive approach may subject you to negative treatment from your neighbors and community.

​

Many disputes can be resolved without expensive litigation. Gantenbein Law firm takes a smarter and more strategic approach towards HOA disputes.

​

HOA disputes can be broken up into four categories:

 

 

1. The HOA Is Attacking The Homeowner. This can be for unpaid assessments, judicial foreclosures and covenant violations. Each type of action is handled differently, depending on the matter and whether or not the HOA has complied with CCIOA and its own governing documents and policies.

 

There has been a shift in Colorado law providing more protections to Homeowners. It is important to speak to an attorney to determine if the HOA has meet its obligations prior to initiating a lawsuit and exposing yourself to counterclaims and personal liability.

 

2. Board Member And Governance Disputes. Often, these disputes revolve around the actions of board members in either:

​

         a) their failure to act in a reasonable manner, or

         b) acting in a way that is specifically targeting individuals or group of homeowners.

 

Due to the unique nature and culture of an HOA, it is important to develop a strategy to dealing with a rouge board or an individual, unfit board member. Our firm can review your situation and provide you with the best path to resolving and handling this issue that is based both on law and common sense. 

 

Often times, a board member can be removed without the aid or expense of a court proceeding through a special election or other method pursuant to your declarations. Additionally, you can seek the aid of the court in removing board members if necessary.

 

3. Documentation Disputes And Requests. CCIOA requires that HOAs retain certain information and provide it at the request of owners within a set time frame. Our firm can aid you in obtaining the necessary documents to resolve or investigate any potential problems.

​

4. Selective Enforcement or Lack of Enforcement of HOA Covenants: HOAs have the duty to enforce the covenants in a fair and equitable manner that does not single out one homeowner over another. Sometimes, an HOA effectively singles out a specific homeowner and targets them with fines and violations while allowing other owners in the community to commit the same violations without reprimand. There have been recent changes to Colorado law that protects homeowners from this selective enforcement.

 

Additionally, the covenants and declarations spell out specific duties with regards to the maintenance and care of the property within the HOA. If the HOA is failing to uphold these requirements, the homeowner is allowed to demand compliance and seek legal remedies if the HOA fails to do so. Do not withhold your monthly dues or assessments as a way combat this issue!

​

 

It is highly advisable that you continue to make your assessment payments and contact a Colorado HOA attorney, such as Gantenbein Law Firm, to address your HOA violations.

​

​

​