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JenniferB14 (Colorado)
Posts: 148
Posted:
Hello all.... The statute of limitations in CO is 1 year for structures on the unit. I am trying to be more hypothetical versus specific, but how would an alteration to a NON ARC approved structure well after the statute of limitations be handled? Let's say children's play equipment was repainted to match the house from a weathered redwood, and the play structure was never ARC approved and is well beyond the statute of limitations. Could the HOA be successful in causing a violation of the non approved structure past the SOL for it being repainted? I would think that if the structure has not changed in kind (ie: caused a new addition to be added to the play structure) then the HOA has lost the ability to enforce due to the SOL being past. The other example would be a flagpole never having been approved and also well past the SOL where a different flag has been placed on the structure. Curious to see if other folks have experienced this in their HOA.

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