Enforcement after Statute of Limitations

I'm not a litigator, but I thought that the statute of limitations just means that you can't file a lawsuit after it expired. You could try other ways of enforcement, such as imposing fines by the HOA, even after the statute of limitations has expired.

good point, except here is the CO SOL:

38-41-119 "No action shall be commenced or maintained to enforce the terms of any building restriction concerning real property or to compel the removal of any building or improvement on land because of the violation of any terms of any building restriction unless said action is commenced within one year from the date of the violation for which the action is sought to be brought or maintained."

This is why I feel like if the improvement is unchanged in kind an attempt to enforce would end in vain for the HOA because ultimately if litigated they would have no standing. I feel like the wording in this law is pretty good to encompass any enforcement.

Here's an interesting discussion with someone who calls himself Seattle Scott on the statute in question:

https://www.justanswer.com/real-estate-law/9itq7-question-relates-colorado-law-answer.html

I do know Use restriction violations are different than improvements to the land, and honestly I do not believe there is any statute of limitations. Now if only Colorado had defined what a use restriction is! That would sure help in our community!

It's hard to say what a judge will and won't do - while I agree with Sheila, I try to stay away from hypotheticals like this. For instance, what if the owner is new to the community and wasn't told he/she is now responsible for any changes to the unit and the HOA may be within its rights to demand unapproved items be changed at his/her expense?

I'd also consider the change that was made and whether it's worth the association's time and legal expenses to pursue this - that could get lengthly, costly and really ugly. I might pursue if the item hasn't been well maintained, otherwise, I might let the person know what's what and grandfather it in (after finding out what he/she knew and when). Document all this and keep it in the file for that unit.

Instead. consider ways to prevent this. Every year, all homeowners should be reminded they are responsible for getting prior approval of certain exterior changes (provide a list) and do a community walk through once a year to see if anything's changed. If you don't have an exterior change request and approval on file, send those homeowners a notice - minor changes may simply require the paperwork to be filed, while you may want to pursue others. I might also assess a fine for failure to ask for permission. If you don't have a fining policy, check with your attorney to ensure you can do this and then ask his/her assistance in establishing a policy. Notify all homeowners of the new policy and an effective date - if you'll be doing a yearly inspection, tell them that as well. You might also encourage all owners to check their records to make sure they have approval records on file - they can ask for a copy from the property manager if necessary (make them pay printing and postage)