Evergreen Highlands Association v. West
Evergreen Highlands Ass'n v. West, 73 P.3d 1 (Colo. 2003)
An HOA covenant modification clause permitting amendment of the declaration by 75% owner approval is broad enough to allow the addition of an entirely new substantive covenant — including a covenant making association membership and assessment payment mandatory where membership was previously voluntary. The court reversed the court of appeals, holding that adding a new covenant falls within the permissible scope of a modification clause so long as the covenant is clear and reasonable. Pre-existing lot owners who purchased before the amendment are bound by the modified declaration once it is properly approved.
Foundational Colorado precedent on the scope of declaration modification clauses and the enforceability of post-purchase covenant amendments. Cited 60+ times. The holding underpins every Colorado HOA's ability to amend its declaration to add mandatory dues, architectural controls, or other new restrictive covenants where the original declaration contains a percentage-vote modification clause.