Violation for preexisting porch light

I am a board member of my HOA and I have recently been sent a violation from our management company regarding a light fixture on the balcony for which I have been told that is not in compliance. I bought my condo in 2005 and the fixture was already installed. Here we are 5 years later and I am now being asked to replace the light fixture with the association approved model. Is there some sort of grandfather clause for the state of Colorado that prevents them from requiring that I replace this at this point in time? I have looked over our by-laws and did not see anything that covered this subject.

Hi Robin:

Here is a link to the CO State Statutes:
http://www.michie.com/colorado/lpext.dll?f=templates&fn=main-h.htm&cp=

The only statute I am aware of would be the following:

38-33.3-123. Enforcement - limitation.

(2) Notwithstanding any law to the contrary, no action shall be commenced or maintained to enforce the terms of any building restriction contained in the provisions of the declaration, bylaws, articles, or rules and regulations or to compel the removal of any building or improvement because of the violation of the terms of any such building restriction unless the action is commenced within one year from the date from which the person commencing the action knew or in the exercise of reasonable diligence should have known of the violation for which the action is sought to be brought or maintained.

My Association went through a similar issue a few years ago (it actually caused a huge uproar in the development). The Board hired out the Architectural duties to an independent contractor who wanted to prove they were worth the money so was writing people up on everything they identified as non-compliant (my issue was a storm door 15 years after I purchased and it was on the house when i purchased).

Various States have various laws. In my case VA law supported me and other homeowners. Janet posted the Colorado law.

Based on Janet's post, the issue would be proving when the Association was aware of the issue. If CO requires the Association to provide a disclosure statement when you purchased and the lamp wasn't noted in there, then you would probably have a good argument about the statute's time line requirement.

The issue will be, how much is all of this worth to you. You can cite the statute in a letter back to the Association and see what they reply with. If your Board is like mine was, they might threaten to escalate the issue into legal action (might be a bluff or might be a real threat). Then the ball, so to speak, will be back to you for a decision.

I know from personal experience that the issue to you isn't really the light itself but the principal of the thing. If you choose to stand your ground and fight the issue, I see the following possible outcomes:

Best case, the Association reads your letter, apologizes for it's error and life moves forward.

Worst case, full legal action is taken and lawyers will be required.

Middle ground - stalemate with unsettled feelings between you and the Board.

Since you are now aware of these possible outcomes, you have a decision to make and one only you can really decide: How much is principal worth to you?

Some will advise fighting, but they don't have to live with the outcome. Some will advise to just replace the light but they don't know how much the principal of the issue means to you.

My advise: Now that you know the three probable outcomes, compare those to your value of the principal of the situation vs. the cost of a new light fixture and it's installation and make an informed decision that will allow you to sleep at night.

Tim

You are right, it is the principal of the thing. This is a new management company and it makes me mad that they have nothing else to do but scout out silly little violations just because they want to prove their worth to the Board. Thanks for all your comments and suggestions.

Robin,

Perhaps they are doing some housecleaning and came across the violation from the previous owner and want to show everyone that they are doing a good job. Perhaps? If the light is in violation, how much would you prove by digging in your heels to a new company that you may have had a part in selecting? My vote would be to go to Depot or Lowes and spend the 50 bucks for a compliant style of light. Chose your battles and this on is certainly not worth the fight.

Robin,

A violation is a violation, show good faith as a board member and change it.

Barbara