303.917.8000 Faun@FaunHauptman.com

Is it possible for a homeowners association to fine you for breaking a rule that is not currently listed in their rules and regulations document?

Yes. The rules are actually derived from a document called “Covenants, Conditions and Restrictions, aka CC&Rs. Long before the Rules and Regulations were created or updated by the board, the CC&Rs were created by the developer and recorded with the other documents that affect each lot that each house or building was erected upon. Trouble is, no one reads the CC&Rs do the board is then forced to create Rules and Regulations to explain the CC&Rs to the current or future owners.

In short, read your CC&Rs. I bet the “rule that isn’t a rule” is in that document, and if so, it is indeed enforceable.

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