If our condo HOA recently distributed a new animal policy that states offenders are subject to a fine of $25K after one written warning, is that legal?

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If our condo HOA recently distributed a new animal policy that states offenders are subject to a fine of $25K after one written warning, is that legal?

Asked on January 20, 2012 under Real Estate Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It depends on the power or authority of the HOA, which will be derived from the HOA agreements, master deed, and any other documents which discuss, set out, or circumscribe its authority. There is no legal reason why the HOA could not do this, if it has sufficent authority under its organizing and operating agreements; therefore, you need to review those documents (an attorney can help you) to see what it can and cannot do.


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