| Legal Ideas and Information - May 2002 |
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Obstacles in Amending and Enforcing Community Association Covenants: What Your Association's Documents Don't Say May Hurt You.
The Colorado Court of Appeals recently held that an association's original covenants allowing for changes or modifications could not be amended to add a covenant that required homeowners to start paying dues for the first time. Developers, Community Association managers, and an Association's Board of Directors may think they've properly amended an Association's covenants. It used to be that you could ensure that an amendment to the community association's documents was properly adopted and therefore enforceable by determining whether all of the procedures established in the association's documents were followed. What Happens When Zoning Laws Change? How Can It Affect The Use of Your Property? Ms. Homeowner ("Ms. H") has owned 50 acres of land for over 45 years. When she bought the property in 1955, it had a 2 bedroom home, a one-car garage and was zoned for agricultural uses. In the early years, she applied for and received building permits for a barn, an airplane hanger, and two mobile homes. For years, she has also stored a small number of vehicles (10-12) in a corner of the property; some vehicles were hers and her families', while some belonged to neighbors who paid rent. Recently, the property has been re-zoned such that her property is now in a residential zone. Her barn, hanger, mobile homes, and parked cars are no longer approved "uses" within the new zoning classification. However, both one- and two- car garages are currently allowed "uses" in her zone. Ms. H wants to apply to expand her one- car garage to a two- car garage. What will happen? This publication is intended to provide accurate and authoritative information on the subject matter covered. It is distributed with the understanding that the publisher and distributor are not rendering legal, accounting or other professional service, and assume no liability in connection with its use. Copyright © 2002. This is an advertisement. |
IN THIS ISSUE
Commercial Architectural Plans and Copyright Law
Question: I am an architect. A builder client of mine asked me to prepare plans for an office building. After constructing the initial building, my client worked with a different architect who slightly modified the drawings to fit another site. The builder intends to construct many other versions of the building which are essentially identical to the one which I designed. Do I have any claims for copyright violation? What steps can I take in the future to avoid this problem? Response: The ease with which we can pass around digital information raises an ever increasing number of copyright disputes. Meet The Attorneys
Gary S. Joiner Mr. Joiner received his Juris Doctor from the University of Denver in 1975. His practice emphasizes Corporations, Partnerships, Securities, Estate Planning, Finance, Real Estate, Business and Association Law. Amy E. Allison Ms. Allsion received her Juris Doctor from the College of William & Mary, in 1994. Her practice emphasizes Corporations and other Business Entities, Securities, Trademark and Copyright. |
