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C:\Documents and Settings\Doug Barber\My Documents\MY FILES HIGHLAND PARK NEIGHBORHOOD ASSOCIATION, INC. 7075 Campus Drive, Suite 200 Colorado Springs, CO. 80920 (719) 598-3198/fax 598-2337 Email: [email protected] August 1, 2004 It hardly seems possible, but Summer is on the downhill slide already. School starts scant weeks away, and before we know it the leaves will be turning. We hope this letter finds you well. If there are issues you would like to see addressed in future newsletters, please let us know. Thank you! HIGHLIGHT ON COVENANTS: We have received/observed a number of complaints of late about covenant violations. This has brought about concerns over enforcement of the covenants. Covenant compliance and enforcement are the duties of every property owner. It is not just the HPA's job to enforce the rules. The covenants are part of the formal "contract to purchase" which everyone signed when they bought, enforceable by law. Even if an owner does not agree with all of the covenants, these are the rules they agreed to live by when they bought in Highland Park. They constitute a promise by each owner to everyone in the community to abide by their tenants. Owners who are unwilling to do so should move elsewhere. If you see a covenant violation, talk to the violator about it. They may not even know they are doing something wrong. If you cannot gain compliance, then it is appropriate to report the matter to the HPA. If you want others to live by the covenants and to have a nice subdivision (unlike many in the Black Forest which no longer enforce their covenants), individuals and the HPA alike must enforce them. Here are a few issues we've heard about: 1. ATVs Someone was seen riding an all-terrain vehicle around on their lot. Section 14 (Nuisance) of the covenants specifically requires that vehicles be operated only on the roads to preclude erosion (don't want any dirt tracks) and noise pollution. 2. DOGS: We have had numerous complaints about dogs being allowed to run loose, including a pit bull. This is not only unneighborly, but if the dog hurts someone the owner will be in big legal trouble. Many insurance companies are now refusing to insure property owners against dog-bite claims if they have dogs that are considered the "aggressive breeds," so letting them run loose can be economically ruinous. Section 22.B. of the covenants states: "Cats and Dogs shall not be permitted to run loose and shall be kept under control of owners at all times . ." Because Highland Park is not serviced by the Humane Society, they will not come to pick up wandering animals. However, if you catch one, you can take it to the shelter and they will accept the animal. When the owner mus pay to get the animal back, they may start being more responsible. Some people may take more extreme measures, and unwelcome visiting pets just don't come back home. While we do not condone killing of others' animals, it may happen if one allows their animals to roam. Please be courteous and keep your pets on your property. It is our understanding that we can request that the County add us into their animal control area if a majority of owners want it. Please send us an email stating whether you do or do not want animal control in Highland Park (1 vote per lot, please). If more than half indicate support for the idea, we will make the request of the County. HPA Newsletter 8/1/04 3. VEHICLES: People are not keeping their cars parked in their garages, as required by the covenants. We have said in previous letters that during the early years, while people are moving in and their garages are full of boxes, that we would relax this rule. However, it appears that some are taking unfair advantage of this by leaving vehicles out routinely, after having been in the house for some time. We will begin sending letters to violators and asking for voluntary compliance, prior to taking the less-desirable legal route, which costs the Association in attorney fees, and eventually costs the property owner if the Association has to pursue reimbursement for enforcement costs. One owner said he cannot comply because his third garage bay is full of other stuff, so he would need a storage shed to move it into. Fortunately he has an option - to construct an accessory building between 400 and 1000 square feet in size, according to the protective covenants (storage sheds are not permitted). Otherwise he should move his vehicles off the property. 4. CONSTRUCTION: We have had a number of instances of construction being started without first obtaining written ACC approval, as required by the covenants. Please get any exterior project (buildings or additions/remodels, driveway pillars, landscaping, etc.) approved in writing prior to starting work. This precludes the possibility that a non-approved improvement might have to be removed after the fact. COVENANT ENFORCEMENT COMMITTEE: Issues like these indicate that we have probably reached the point where we need to consider forming a covenant compliance committee. This would be a formal Association committee tasked with keeping an eye on the neighborhood, and providing written notification to owners who are in violation. If the violators do not voluntarily comply, the committee will notify the Directors that further [legal?] action is required. The Directors can then take appropriate action, ensuring due process for the violator. Participants on such a committee should be reasonable people with a desire to see the covenants enforced. They also need to be residing in Highland Park, so they see what goes on daily. Zealots, out to wield power or get even with neighbors, are not a good choice. If you would be willing to participate on this committee, please send your resume to the HPA Board of Directors at the address or email address above. Even if you are not selected to be on the committee, we appreciate your efforts in reporting or correcting violations. POOLS: Most of you received an email a month or so ago, regarding a call we got from the District 10 Water Commissioner, saying that no swimming pools could be installed in Highland Park. We passed this on, because we knew of several owners contemplating them. We have always made it clear that no well water from Highland Park wells can be used to fill or maintain pools, so anyone wanting a pool would have to truck the water in. We consulted with a water attorney, whose opinion was that there is no legal prohibition against having a pool, provided that the owners do not "cheat" by using their wells to fill or top off the pools (they will require regular topping off due to evaporation). The Water Commissioner admitted that this is technically correct, but says that enforcement would be difficult, at best, which is why he did not want pools. Cheating will show up in the metered water usage on a lot with a pool, and cheaters will be turned into the State. Penalties may include having their wells curtailed, legal action and fines, and removal or filling in of the pool. Well use violations by individuals can affect all of Highland Park, so the HPA must take action against cheaters to protect our water rights decree/augmentation plan, so if you see a pool owner using their hose to fill a pool, please report it. A few wanted to know where the Hunsingers (Lot 19 / 6925 Forestgate Drive) got their water from for the pool in their yard. They said they bought from a company in Woodland Park called Gold Rush Water (576-8978 / 687- 9769), who would deliver to Highland Park. Those intending a pool should consider including an underground cistern for water storage to preclude having to pay for regular deliveries of water. HPA Newsletter 8/1/04 Page 2 FENCING: A number of owners have asked to be able to fence their lots. The covenants preclude this, with the specific goal of keeping the land substantially open and unfenced. The covenants do allow some fencing, which is typically kept toward the rear of the house. In one case, the Architectural Control Committee (ACC) permitted a bit of fencing to the side of a house to accommodate a walkout basement doorway, but it is still toward the rear (and the bulk of it is behind the house). Fenced areas should be limited in size, and any areas of privacy fencing (typically 5- 6 foot cedar) are limited to 400 square feet. Fencing plans must be approved in writing by the ACC prior to being built. ENTRANCE / LANDSCAPE MAINTENANCE: We have a new landscape maintenance company. Green Thumb (632-5184) is actually owned by a Highland Park resident, which gives them added incentive to do a good job. So far, we have been happy with their efforts in maintaining the entrances along Vollmer and Black Forest Roads. They are also working on some ideas for landscaping the roundabouts. Unfortunately, we cannot place anything in the roundabouts higher than 18 inches (County rules), so we are somewhat limited in creativity. Little London is in the process of having another subdivision entrance built at the NE corner of Lochwinnoch and Vollmer. The stone is at the engravers now, and should be in place sometime in August. If you observe that any roundabout or entry lighting is out, please call Doug Barber at 598-3198. Thanks! TRAIL: You may have seen stakes with green tops popping up along some of the roads.
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