ODP vs CC&Rs...

Started by AngelaS5 • 7 replies • 1385 views

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AngelaS5 (Colorado)
Posts: 10

Posted:

Hello! I am on the Board of a voluntary HOA (the dues are voluntary NOT the rules) in Colorado. Our current CC&Rs do not have a clear definition when it comes to parking trailers, boats, RVs, etc. However, after going to the county I discovered that the ODP (Official Development Plan) filed at the county is very clear cut and is essentially the way we've been interpreting our CC&Rs all along.

Because the ODP is already a governing document filed with the county, do we have to have the same verbiage reflected in our CC&Rs? Or can we just reference the ODP when addressing violators?

I thoroughly appreciate this site and any input!

RogerB (Colorado)
Posts: 5,067

Posted:

You can reference the ODP but I recommend you also consider amending the Covenants. Since this is a County restriction, and because you are a voluntary HOA, effective enforcement can be coordinated with the County.

AngelaS5 (Colorado)
Posts: 10

Posted:

Thanks for the response! To amend the covenants...would that require a vote from the homeowners or just the Board?

RogerB (Colorado)
Posts: 5,067

Posted:

Angela, it requires 67% approval of all homeowners based on CCIOA, not just the members of the HOA, unless your Covents require less than 67% to amend the Covenants. Some older Covenants are sometimes vague but there could be statements in your current Covenants which may be used to clarify restrictions on recreational vehicles and other things.

AngelaS5 (Colorado)
Posts: 10

Posted:

Roger...you are right on with the "vague" covenant comment! The Board did clarify some covenants back in 2003. However, with Parking and Storage the covenant and rules touch on vehicles of any kind not being parked for more than 72 hours in the street and a vehicle (stored indefinitely) must be concealed from view by a six foot privacy fence or in a garage. The original covenants define a vehicle as an automobile, truck, trialer, camper, boat, motorcyle, or any other motorized vehicle.

There has never been a separation of "motor vehicle" and "recreational vehicle". While the covenant (or rule) has never been challenged, the Board has been interpreting the covenant to only apply to recreational vehicles, not everyday cars and trucks.

Can we separate the two vehicle classes with a clarification or is that changing the original covenant?

RogerB (Colorado)
Posts: 5,067

Posted:

Angela, you can clarify Covenants. The Board can establish resolutions to clarify Covenants. For voluntary HOAs they can probably utilize the ODP more effectively so long as the County actively enforces their codes.

I would be concerned about the phrases: "or any other motorized vehicles" and "concealed from view by a six foot privacy fence". Does this mean a large 5th wheel camper (not motorized) can be parked in the street? And a very large motor home can be stored behind a 6' fence without being properly screened? Your Covenants probably need some serious changes if you can get them approved by the required percent of all owners (not just members).

AngelaS5 (Colorado)
Posts: 10

Posted:

Jefferson County does in fact enforce their codes and are more than willing to help us in this area. My biggest concern is up until now the verbiage in the ODP has not been readily available to homeowners.

We actually do have a few large motor homes that are stored behind a fence and not screened...those have never seemed to be an issue. Biggest complaint are the boats and campers parked in the street or driveway too long.

RogerB (Colorado)
Posts: 5,067

Posted:

Angela,
All of these RV problems are a BIG Issue for a voluntary HOA I manage in Jefferson County. Plus, their presence suppresses the value of every owner's property - often their biggest investment.

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