Covenant Enforcement | Abril Meadows v. Castro
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Team Strategy - The "All Aspects" Association Management Professionals.
Proof of Ownership
Association filed suit against homeowners on alledging that owners were in breach of the Association's recorded covenants. Defendants argued that since recorded documents were not signed prior to recording they were invalid. Court held that since the Colorado Common Interest Ownership Act (CCIOA) requires that declarations be executed in the same manner as a Deed, the recorded declartation was invalid. Court went on to further explain that a DEED, whether it be a Special Deed, Ownership Deed, or Deed of Trust, is necessary in order for individual homeowner to show Proof of Ownership as it relates to the Colorado Statutes of Frauds.