By Colorado law, compliance with the protective covenants is mandatory for all Lake Arbor homeowners. This is true, regardless of the homeowner’s HOA membership status.
Lake Arbor is a covenant-controlled community. The protective covenants are a legally-binding contract between all Lake Arbor homeowners. Every homeowner became a party to this contract (the Covenants) when purchasing their home. Failure to abide by the covenants constitutes a breach of contract. Any homeowner may enforce the terms of the contract against any other homeowner who has breached the contract – i.e., violated the Covenants. The Covenants apply to all homeowners, whether a dues-paying HOA member or not. The Covenants stand alone in their legal authority and enforceability as a contract between homeowners.
The Lake Arbor Homeowners Assn. was established to facilitate covenant enforcement (contract compliance) on behalf of Lake Arbor homeowners. The LAHOA Board educates homeowners about Covenant requirements, notifies homeowners who are not in compliance, and takes legal action when necessary. These actions are a direct benefit to all homeowners who seek to maintain property values and ensure a high quality of life in Lake Arbor.
Lake Arbor homeowners, please be aware that renters, tenants, and others occupying property in Lake Arbor must comply with the Covenants. When an occupant violates the Covenants, the homeowner will be cited and is legally obligated to bring the occupant into compliance. Rental agreements should include wording that requires renters to comply, so that the owner has leverage with the renter.
Most homeowners respect their Lake Arbor neighbors and abide by the Covenants. This is greatly appreciated by all. Unfortunately, sometimes there are violations and enforcement becomes necessary. The Association generally tries to resolve most violations in an amicable matter without going to Court. However, it may seek to recover its fees and costs if formal legal action becomes necessary.
For more information about legal enforceability of protective covenants, please contact your personal attorney. To learn more about covenant enforcement in Lake Arbor, contact the Covenants Chairperson at email@example.com. To access the protective covenants applicable to your legal filing, please see the paperwork you received upon home closing or visit www.lakearborhoa.org.