According to the Encyclopedia Brittanica, statutes of limitation (a legislative act restricting the time within which legal proceedings may be brought, usually to a fixed period after the occurrence of the events that gave rise to the cause of action) are generally enacted to protect persons against claims made after disputes have become stale, evidence has been lost, memories have faded, or witnesses have disappeared. Amongst common interest communities, the same holds true.
Section 38-33.3-123 of the Colorado Common Interest Ownership Act discusses an association’s right to enforce its declaration, bylaws, articles, or rules and regulations. However, this section also contains what may be referred to as a statute of limitations on the enforcement of certain association requirements.
Section 38-33.3-123(2) states that, despite any law to the contrary, no action shall be commenced or maintained to enforce the terms of any building restriction contained in the provisions of the declaration, bylaws, articles, or rules and regulations or to compel the removal of any building or improvement because of the violation of the terms of any such building restriction unless the action is commenced within one year from the date from which the person commencing the action knew or in the exercise of reasonable diligence should have known of the violation for which the action is sought to be brought or maintained.
When discussing section 38-33.3-123(2) with an experienced Community Association attorney, be sure to ask how it may apply to your circumstances. Is your issue connected to an association building restriction? How may you determine if “the person commencing the action knew or in the exercise of reasonable diligence should have known of the violation”? Involving an attorney early in the process will be one of the most effective ways of successfully asserting your rights.
For more information please refer to section 38-33.3-123 of the Colorado Common Interest Ownership Act.