enforcement of covenants

I'm a homeowner in a subdivision in Weld Co. Colorado. We have an HOA/covenants that are filed with the county. Our problem is the developer will not enforce the covenants. I have called and asked our contact (1/3 development owner) to address the violations and was told, he has spoken with some of the violators, they told him to get off their property. He also told me it would cost too much money/time to pursue. I've spoken with others in the subdivison and they told me this same person told them they didn't have to worry about the covenants as noone is paying any attention to them anyway.
I sent the three owners emails requesting status of the HOA as we don't have annual meetings. Asking why nothing is being done to enforce the covenants.
This was sent Aug. 30,2009. I haven't heard back from any of them.
They also donot answer phone calls.
What is the next step that I should take?
Should I get a group of homeowners together and hire a Lawyer?
Thanks,
Curt

Curt,

Sad to say, but what Donna has said is the absolute truth -- as long as the developer is in control he can pretty much do as he pleases.

Check your CCRs to see if the members also have a right to enforce the covenants. If that is the case you can take the violators to court yourself but, of course, that will mean spending your own money. The covenants that are being violated may not be worth the time and expense. Once the homeowner board has been elected they can set about to ensure that the covenants are adhered to. If the member who told the developer to get off his property is an example of the type of people in your HOA, I'm thinking they may have problems with some members who think they can just violate the CCRs with no repercussions. I certainly hope the homeowner BOD has more backbone than the developer is showing!

BTW, how close are you to transition?

Curt,

I live in the Phoenix area of AZ and there are quite a few attorneys who specialize in HOAs, however, they represent boards not members. It's harder to find an attorney who knows and understands HOAs and will represent a member.

CO has laws pertaining to HOAs; I suggest you take a look at them also. And, yes, the declarant must following the gov docs of the assn and also abide by any applicable state laws. If CO is like most other states there is no govt agency that regulates HOAs. If the declarant breaks the law the members can sue him on their own dime!

If your bylaws state the owners can enforce the covenants the way that is accomplished is by suing the violator. You will have to foot the legal bill on this. Only the BOD can place a fine on the violator and can use assn funds to pursue violators of the covenants.

The CCRs should have an article explaining the turnover process. In my CCRs it's under the article that addresses "voting rights". Generally there are two classes of members: Class A are the members and Class B is the declarant (developer). Under the Class B section it should state how many votes the Class B member has while in control and after conversion (transition) and will also state when conversion shall occur.