“Right” Rule or Got Attorney?
Unfortunately sometimes being right doesn’t make any difference. It’s true that you should get a fair resolution to a problem by citing the right rule, especially if your board is misinformed or doesn’t know the right rule. A lot of boards (just like people), once shown the prevailing and right rule in a situation, will, if in error, reverse course and accept the correct interpretation of a rule or term. But what do you do if they don’t? What do you do if they’re being vindictive and are out to get you for whatever reason?
The Colorado Common Interest Ownership Act (CCIOA) does not have an enforcement clause in it. That means the State isn’t going to take any action if you file a complaint (based on a violation of CCIOA). If you’re in the worse of the worse disputes with a board of directors that is taking vindictive and illegal action against you, then you should consider hiring an attorney. However, there is another way, but you’ve got to start it early on. It’s not a last minute strategy.
I’m using this blog to advocate that strategy for owners to deal with disputes, misconduct, and threatened legal action without hiring an attorney. The cornerstone of that strategy is to resolve the dispute long before you’re named in a lawsuit, and I’m going to tell you how to do that.