Top Real Estate Lawyers in Alamosa | 1 available

1 Real Estate lawyers are available in Alamosa, Colorado, including Jeffrey Motz. These lawyers are rated between 4.0/5 to 5.0/5 and 62% provide free consultation.

Jeffrey Motz

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Jeffrey Motz

Firm: Motz Law Firm LLC

410 San Juan Ave , Alamosa , Colorado 81101

Practice Areas: Real Estate

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Recent Q&As in Colorado (Real Estate)

Colorado HOA covenant bans overnight parking on public streets. How could they actually enforce it? | Aug 8, 2026 | Sourced from Reddit
Location: Colorado. I'm in a pre-1992 Colorado subdivision with a recorded covenant prohibiting overnight street parking. The streets are public City streets, and assume the parking itself is legal under City law. Colorado now has a law, C.R.S. §38-33.3-106.5(1)(d.5), preventing HOAs covered by that provision from restricting lawful use of public rights-of-way. But assume for this question that my HOA is correct that our subdivision is not a CCIOA common-interest community and that this statute doesn't apply. Can the HOA still enforce the parking covenant, and if so, how? The old covenants don't appear to provide for fines. Their enforcement language basically says that after notice and an opportunity to cure, the architectural committee can correct a violation at the owner's expense, including entering the owner's property when necessary. Those costs can become a lien. Court enforcement and attorney fees are also contemplated. That makes sense for something physically wrong with a house or lot. I don't understand how it works for a car legally parked on City property. Could the HOA fine the owner without express authority to impose fines? Could it have the vehicle towed from a public street? Or would it have to go to court and seek an injunction? I'm mainly looking for Colorado law or cases dealing with what enforcement remedy would actually be available.

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