Selective Enforcement of the Covenants Against Selective Homeowners

.
I attempted to get relief from our Dutch Creek Homeowners Association (HOA) and failed. They take my yearly dues and refuse to get involved. Since 2000, I have sent our HOA 8 letters (some certified mail) demanding that they enforce the covenants. Can you guess the result?

Not ONE of those EIGHT letters was ever answered.


The HOA is only interested in mowing the common areas (usually behind the board members property), putting chlorine in the pool and having bake sales.

Like most covenants in Colorado, ours are useless. They seem to practice Selective Enforcement of the Covenants Against Selective Homeowners.

Our HOA has a very efficient organization to demand money each year and make threats and issue fines for non-payment. They will for sure take my money, but they refuse to provide anything of value to me for my payments.

Our HOA has specific language about erecting structures that are visible from adjacent properties. The HOA must approve them and consider their effect on adjacent properties.



Article IX

Section 1. Architectural Control

Before anyone shall commence any landscaping or the construction, reconstruction, remodeling, addition to, or alteration of any building, wall, fence, or any structure whatsoever, on any lot or common areas there shall be submitted to the Architectural Control Committee, one complete set of plans and specifications for said improvements, the erection or alteration of which is desired.

...

... to take into consideration the suitability of the proposed building or other structure and of the materials of which it is to be built, the color scheme, the site upon which it is proposed to erect the same, the harmony thereof with the surroundings, the topography of the land and the effect of the building or other structure or landscaping as planned on the outlook from the adjacent or neighboring property.


When pressed, our HOA approved the playground structure (long after it was erected) and refused to consider its effect on my property.

James Lynch the HOA president never even made an attempt to consider its effect on my property, he said it was not necessary! Considering the Illegal, Excessive, Unnecessary & Unreasonable noise that comes from the playground, it's clear it has a significant impact on my property. They refuse to enforce the covenants, so why even pretend to consider it's effect on my property?


Our HOA did order that the ugly green canopy over the swing-set watch-tower platform be removed. Notice how it's still there.

The Dutch Creek Homeowners Association covenants are clearly written and very clearly being ignored by the Mercers and the HOA Board Members. Other HOA's have more specific langauge about playgrounds, swingsets and trampolines. These eyesore structures are a problem all over the country and homeowners expect relief from the HOA's they pay fees to.



The Dutch Creek Homeowners Association
Proudly Practicing
Selective Enforcement Against Selective Homeowners
Since 2000