Is there anything relating to allowing backyard access in the Colorado Common Interest ownership Act? If so, how do I find it?
Hi. Wow, what a mess.
The first question is whether the neighbor fenced in any part of the common or limited common elements. If so they are wrong and the fence may not be maintained. CCOA 38-33.3-217. (Assuming your association is subject to the Act).
The second question is whether you had access to a common element, limited common element or public access prior to the fencing, if so, then the fence probably violates the law. (Same section). CCOA 38-33.3-307, 312
Your title insurance may cover your claim and pay for an attorney to sue to recover your access. The title insurance should have had a description of the property and access and perhaps even a site location certificate. An attorney can probably read the policy better than a layman, but you should review it first.
If the fence does not enclose, block or include any common or limited common elements, then you need to look to the description of the property when you bought it to see if it included outside access, then you have that right. Every Assciation must have a map and the map must show the common, limited common and private elements. CCOA 38-33.3-209
Also, an attorney may well find that the Declarations, Covenants and/or Rules may in fact provide an outside access. These are three different documents and all have different contents and purposes. Finally, have you sent a written complaint to the HOA Board? The attorneys for many of these boards give advice designed to cause problems between the Board and the resident: Why? Because they make money from fights than from solving problems. Anyway, the Board may well simply not deal with verbal complaints. Emails are considered not "official". If you haven't done so yet, you should write a letter outling your complaint and demanding action.
Finally, some projects are designed so that one indeed has no access from the rear yard to the street or sidewalk. I would also call the local fire department and ask an inspector to meet you at the property. Every building has to have 2 exits in case of fire. If you cannot get away from your house should it be on fire, the fire department way well solve your problem by citing the person with the fence.
Most HOA problems are really a matter of the organic documents which created the association. That is usually your first recourse.
This Answer pertains to Colorado Law, if you have a similar problem you should consult with an attorney to make sure that the answer is applicable under your State's laws.
