Colorado townhome covenants

[sdfarns]

Just how far do townhome covenants go? Can the association tell you what you can and cannot have in your backyard (i.e. decking, planters, patio furniture/umbrellas, ponds/fountains)? This area is fenced in and considered my property. What about permanent and non-permanent items? Also, if the association can dictate the above, what rights do I have in cases where they have allowed others to make the same changes but will not permit me to do the same. Is there a point where it becomes harrassment or discrimination when they cannot justify allowing some individuals freedoms they will not grant to others.

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by sdfarns:
Just how far do townhome covenants go? Can the association tell you what you can and cannot have in your backyard (i.e. decking, planters, patio furniture/umbrellas, ponds/fountains)? This area is fenced in and considered my property. What about permanent and non-permanent items? Also, if the association can dictate the above, what rights do I have in cases where they have allowed others to make the same changes but will not permit me to do the same. Is there a point where it becomes harrassment or discrimination when they cannot justify allowing some individuals freedoms they will not grant to others.<HR></BLOCKQUOTE>

Read your condo House Rules, By-Laws and any later documentation that governs the common areas. The Association has rights governing the yard areas for 2 reasons: 1) the yard areas in your case are possibly considered limited common elements and are not owned by you but owned by the Association. The use of this area is limited to you and not to the other townhouse owners although all the owners have an undivided common interest. 2) even if you did own the yard area outright like you own your townhouse unit, the Association has a right to tell you what you can store there etc. if the legal documentation gives the Association this right. Heck I have even seen situations where the condo or homeowners Association had the power to dictate the color of drapes used inside your home, banned large trucks from parking in the parking stalls, specified what brand/size of window air conditioners to use etc.

The issue here is to find out exactly what document gives the Association the legal rights with respect to the yard areas. From this information you will be able to tell if there is discrimination. Keep in mind that there may be a situation of grandfathering whereby an owner in the past was allowed to say keep patio furniture in the yard but any other owner now is prohibited.