Attorneys who represent Colorado homeowners associations and their residents are trying to gauge the impact of a recent court decision that struck down one association’s covenants for being too vague.
The Colorado Court of Appeals last month reversed a lower court’s ruling that would have forced homeowners Glen and Mary Decker Reed to tear down an addition to their cabin near Eleven Mile Reservoir in Lake George.
Their neighbors, Jerry and Lou Ann Allen, argued that the 23-foot-tall A-frame addition violated the association’s covenants, which prevent homes from being taller than one story. The appellate court ruled that the “one-story” requirement was not enforceable because it did not establish an enforceable height restriction.
Steven Bailey, an attorney representing the Allens, filed a motion to reconsider Thursday. An attorney representing the Reeds was unavailable to comment.
In the meantime, local lawyers are divided over the impact the case will have on other HOAs.
“You have a lot of HOAs that were created during the ’50s, ’60s and ’70s that have covenants restricting residences to one story in height,” said Jim Bull, an Englewood lawyer who is handling a similar case involving homeowners in Cherry Hills Village. “This decision says that is meaningless.”
Bull believes the ruling could leave many HOAs open to pop-top construction – adding a second story – that their covenants otherwise would prohibit.
But Tom Hindman, a partner with the Arvada law firm of HindmanSanchez, said the consequences won’t be so far-reaching.
“The court is not either making new law or going in a direction that disregards previous cases,” said Hindman, whose firm represents 1,500 homeowners associations throughout the state.
The ruling does serve as a reminder that HOAs should make their covenants as clear as possible, he said.
“It would be prudent on the part of the association to go through and better define those terms, or they may wind up with a result like this case,” he said.
Staff writer Kristi Arellano can be reached at 303-820-1902 or karellano@denverpost.com.
