Viewpoint: Is It Time to Put Teeth in the Covenants?

? On April 19, 2024 the Colorado Governor signed and made effective HB24-1267. According to the bill:

?? ?A metropolitan district is a type of special district that provides at least two types of services and may perform covenant enforcement similar to the role of a homeowners' association. The act requires a metropolitan district engaging in covenant enforcement and design review services to comply with certain procedural requirements, including:

?? Adopting a written policy governing the imposition and collection of fines;

? Adopting a written policy governing how disputes between the metropolitan district and a resident are addressed; and

? Refraining from prohibiting residents from engaging in certain activities regarding the use of their property, including displaying flags and signs; parking a motor vehicle in a driveway; removing certain vegetation to create a defensible space for fire mitigation purposes; performing reasonable property modifications to accommodate disabilities; using xeriscape, nonvegetative turf grass, or drought-tolerant landscaping; using a rain barrel; operating a family child care home; using renewable energy generation devices; and installing or using an energy efficiency measure. Additionally, a metropolitan district is prohibited from requiring residents to use cedar shakes or other flammable roofing materials.

?The act prohibits a metropolitan district from foreclosing on any lien based on a resident's delinquent fees or other charges owed to the metropolitan district. The act also imposes certain procedural requirements regarding court actions filed by or against a metropolitan district based on an alleged violation of the metropolitan district's declaration, rules and regulations, or other instrument.

?? Colorado City is a Covenant Community. The Colorado City Metro District Board of Directors have until the end of the year to begin the process of putting some teeth into the covenants.

?? ?Below is a letter I wrote to the Colorado City Metro District board of directors.

?? ?Esteemed Members of the Colorado City Metro Board of Directors in Regard to a System of Fines and Enforcement of Covenants.

?? I have given this a great deal of thought, especially after the board meeting of September 17. There were good thoughts on both sides, from both board members and constituents.

?? ?Perhaps you wander why I even care since I no longer live in Colorado City? Two reasons, quite simply, I poured my heart and soul into two terms on the CCMD board. I have a great deal of respect for each of you and consider you friends. Between my two terms and the time since, I feel that Colorado City is headed in a very positive direction.

?? Secondly, my livelihood is connected to Colorado City and the Greenhorn Valley.

?? ?I believe we should proceed with formal support of the covenants including a fine structure and all that is related to it. No system is perfect, but to fail to support the covenants begs to turn one of the most beautiful places on earth into a trash heap. Basically, we get NO help from Pueblo County. It is up to us to keep Colorado City the way we want it.

?? Rye has instituted basically the same thing (without covenants) and has taken action to keep that community moving forward. We can’t accomplish what Rye can?

?? Can the fines-penalties ever be abused? Probably. Without them can the covenants be abused? Certainly. Can anyone on the board ever have an agenda? Absolutely. Will not having covenant enforcement eliminate all agendas on the board? Never! Will we get by without enforcement? If you consider a revolving door on Colorado City Architectural Control Committee (CCACC), constant constituent complaints, and nothing positive happening to the overall appearance of the community, getting by’. Yes.

?? You, as a group, have made momentous progress toward the MOST pressing issue: water. I believe it is time to begin to enforce the covenants with more than a limp, powerless, albeit hard-working, committee.

?? From a business owner, former Metro Board Member, and friend.

?? ?If I am reading the board correctly, it is not a decided issue. If you have strong feelings and own property in Colorado City, it might be time to share them.