C.R.C.P. 521 (Small Claims)

(a) The small claims division shall dismiss without prejudice any claim to enforce a

restrictive covenant if it affects the title to the real property.

(b) The owners of the residential property, subject of the action, shall be joined as

codefendants to the action.

(c) Upon the filing of a claim under oath (see Forms appended to these rules) alleging

that the defendant has violated any restrictive covenant regarding residential property,

where the cost to comply with such restrictive covenant is not more than $7,500.00, the

clerk shall issue the notice and summons to appear. The notice shall be served pursuant to

C.R.C.P. 504.

(d) The general procedures applicable to the small claims court, C.R.C.P. 501 through

520, shall apply to actions to enforce a restrictive covenant on residential property, except

as they are modified by this Rule.

(e) On the date set for appearance and trial pursuant to C.R.C.P. 512, the court shall

proceed to determine the issues and render judgment and enter appropriate orders according to the law and the facts operative in the case.

(f) If the defendant fails to appear at the trial, the court may proceed pursuant to

C.R.C.P. 514 and the provisions of this Rule, except that the court shall require the plaintiff

to present sufficient evidence to support the plaintiff’s claim.

(g) An order enforcing a restrictive covenant on residential property shall be reduced

to writing by the magistrate and shall be personally served upon every party subject to the

order (see Forms appended to these rules). If any party subject to the order is present in the

courtroom at the time the order is made, the magistrate or judge shall at that time serve a

copy of the order on such party and shall note such service on the order or file. Any party

subject to the order who is not present shall be served as provided by C.R.C.P. 345, except

that no fees or mileage need be tendered.

(h) If the plaintiff requests a temporary order directing the defendant to immediately

comply with the restrictive covenant before the defendant has had an opportunity to be

heard, the plaintiff shall attach to plaintiff’s complaint a certified copy of the current deed

showing ownership of the residential property, and a certified copy of the restrictive

covenant. The request for temporary order shall be heard by the court, ex parte, at the

earliest time the court is available. If the court is satisfied from the claim filed and the

testimony of the plaintiff, that there is a substantial likelihood that the plaintiff will prevail

at a trial on the merits of the claim and that irreparable damage will accrue to the plaintiff

unless a temporary order is issued without notice, the court may issue a temporary order

and citation to the defendant to appear and show cause, at a date and time certain, why the

temporary order should not be made permanent, see Forms appended to these rules.

(1) A copy of the claim and notice with the attachments and with a copy of the

temporary order and citation shall be served on the defendant as provided by C.R.C.P. 504,

and the citation shall inform the defendant that if the defendant fails to appear in court in

accordance with the terms of the citation, the restraining order may be made permanent.

(2) On the trial date or any date to which the matter has been continued, the court shall

proceed as provided in subsections (e) and (g) of this Rule.

(i) A temporary order shall not be an appealable order. A permanent order shall be an

appealable order.

(j) When it appears to the court by motion supported by affidavit that a violation of the

temporary or permanent order issued pursuant to this Rule has occurred, the court shall

immediately order the clerk to issue a citation to the defendant so charged to appear and

show cause before a county judge at a time designated why the defendant should not be

held in contempt for violation of the court’s order. The citation shall direct the defendant

to appear in the county court. Such contempt proceedings shall be governed by C.R.C.P.

407. The citation and a copy of the motion and affidavit shall be served upon the defendant

in the manner required by C.R.C.P. 345. If such defendant fails to appear at the time

designated in the citation, a warrant for the defendant’s arrest may issue to the sheriff. The

warrant shall fix the time for the production of the defendant in court. A bond set in a

reasonable amount not to exceed $7,500.00 shall be stated on the face of the warrant.