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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118175
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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It has been a while since I contacted you and wanted to give

Customer Question

For Roger, Hi Roger, It has been a while since I contacted you and wanted to give you an update on my issue of rockfall at Falls Creek Ranch in Durango, Colorado. I have been attending the Board meetings and have met with an attorney in Durango discussing
path forward. Based on a Colorado statute our thinking of the path forward is to solicit 67% of the homeowners signature in an effort to move the lot to a different location on the ranch. This seems a more peaceful alternative than to threaten a lawsuit. There
are a few locations where we would try to get concurrence from the homeowners nearest the location we would want to ask to be moved. We could proceed on to continue to get signatures on a resolution or go back to the Board at that point and ask for their endorsement.
The Board has said in the past that they did not want to set a precedent by allowing this and that they could not take common property and exchange for private property. The Ranch platt has been revised in the 1990 timeframe and it show that properties have
been moved. There are new Board members from those of the past but these were the comments from the previous Board. The questions are: Do I need to convince the Board to support me and risk a negative response or can I proceed to secure signatures from at
least 67% of the homeowners? Do I need Board support and endorsement?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Only you know the personalities of the board. The board can agree to this in the best interests of the association without you getting 67% of the members to sign and agree to the move. If you do not think you can get the current board to agree, then approaching them would not be productive, you have to feel that out, and the best approach is getting the 67% and then forcing the board to act on the matter. You essentially have a second chance here too because if you cannot get the 67%, you can still take your final option of suing them in court, which is what you are trying to avoid.