Colorado’s General Assembly is taking a hard look at homeowners associations again.

Starting in 2005, lawmakers began trying to reform HOAs after more and more complaints about abuses by HOA boards surfaced.

Colorado Sen. Morgan Carroll, D-Aurora

Leading the charge then and now is state Sen. Morgan Carroll, an Aurora Democrat, who co-sponsored the 2005 Homeowners Bill of Rights which made sweeping changes to how the state’s estimated 12,000 HOAs operate.

The law, and subsequent amendments, addressed common HOA abuses such as secret meetings, hidden financial documents, mishandling of money, selective enforcement of covenants and hidden meeting minutes.

Now, Carroll and a fellow Aurora Democrat, Rep. Su Ryden, are trying again to give homeowners help in their battles with HOA boards.

Colorado Rep. Su Ryden, D-Aurora

They have co-sponsored House Bill 1278, which is working its way through the legislature.

Originally, it would have created an HOA Ombudsman office, similar to a concept pioneered in 1997 by Nevada and subsequently copied by Florida, New Jersey and other states.

The idea was to give folks a place to get their conflicts resolved through mediation instead of automatically forcing people to sue in civil court.

Nevada is able to resolve half its complaints without going to court. I wrote about its office in January.

Here’s a link to my January column about the HOA ombudsman in Nevada.

And follow this link to my blog related to that column.

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Lawmakers take on HOAs GONE WILD!!! is a post from: Side Streets

The burning issue in Crystal Park is a Volunteer Fire Department created by the Homeowners Assocation board in 2007.

Perhaps you’ve never heard of Crystal Park, a 2,000-acre private-membership community on the mountainside above Manitou Springs, west of Colorado Springs. 

It’s a beautiful, remote subdivision where 220 homes are built amid thick forest, creeks and ponds.

About 70 homes are built in the lower regions of the park with 30 or so in the middle and 120 at the top — a slow, steep, six-mile drive from the gate at the bottom.

A mill levy, administered by a Metro District, pays for fire protection from Manitou Springs. The annual bill is $10,000. In addition, residents pay $125 a month in HOA dues.

But there are problems. For example, it takes 35 to 45 minutes for Manitou crews to reach the upper park. That’s a long time if you are suffering a heart attack or something is burning.

And some residents became concerned because Manitou can’t guarantee it will always respond to Crystal Park calls for help. It must serve its own residents first and foremost. If there is a conflict, or a truck is out of service, Crystal Park’s calls could go unanswered.

That’s never happened.

But it scared many in Crystal Park and inspired them to form their own Volunteer Fire Department. The Crystal Park Homeowners Association  obtained a $70,000 grant to buy used trucks, tankers and other equipment and started getting trained to respond to calls for emergency medical service, perform high-angle rescues and fight fires.

In 2008, the HOA appropriated about $70,000 in HOA funds to build a fire station. 

But some folks in Crystal Park were not impressed. They didn’t like the HOA spending its money on a fire station. They say the Volunteer Fire Department is unnecessary and portray it as a rogue group of residents acting without authorization from the entire community.

In fact, three opponents campaigned and won control of the HOA board last August and have attacked the previous board members involved in the fire department. Read what they have to say here.

Fire department supporters are outraged and are trying to recall the board. Read about their complaints on their blog. They allege the board held illegal secret meetings to discuss, select and negotiate the hiring of a management company and the firing of the previous park manager.

The lone upper park resident on the board, who also supports the fire department, was even excluded from the secret discussions and actions, so he resigned in protest along with another board member.

I was surprised to learn there was so much opposition to a fire department. After all, Crystal Hills is at great risk of a wildfire. I’d think everyone there would want a brush truck and trained crew handy, given what we’ve seen along the Front Range with the Hayman Fire in 2002 and many other large, deadly fires.

Even folks who own lots in Crystal Park, but don’t  have homes there, would value a department that is protecting their investment. Right?

After all, how much is a charred, barren landscape worth after fire roars through? Go ask the folks in Teller County and near Deckers. 

Here’s a look at the Crystal Park area from FlashEarth:

Author Ivan Brunk wrote a great little history book: Crystal Park, The Gem of Pikes Peak published by Pulpit Rock Press in 1990.

In it, Brunk pulled together old stories of Crystal Park, starting with how explorer Zebulon Pike surveying Crystal Park during his failed attempt to reach the summit of the mountain that now bears his name.

He describes how it got its name from a wealth of quartz and gemstone crystals found in the park.

The book offers great detail about efforts in 1883 to build a 30-mile narrow-gauge railroad from Manitou, around Red, Iron and Sugarloaf mountains, through Crystal Park, past Cameron’s Cone to the summit of Pikes Peak.

Money was raised. About nine miles of the route was graded. But the railroad was never built.

Instead, the graded right-of-way became the scenic Crystal Park Road which charged tourists a toll to ride touring cars for the ride past Sublime View and Inspiration Point up to Crystal Park.

 By 1912, it cost $2.50 to take the ride, which included a spin on a wooden turntable where the road was too narrow for the cars to turn around.

There are great historic photos and maps in the book, as well.

One of the most interesting stories is from 1975 when a couple Texans tried to buy Crystal Park and create a private, 2,000-acre retreat for residents of the Lone Star State.

 They felt mistreated in Colorado and wanted a haven for Texans. They even tried to create a Texas State Park using 40 acres which they planned to deed back to the state of Texas. Lawmakers in the  Colorado House of Representatives quickly passed a bill to outlaw ownership of Colorado land by other states. By June, the project was dead.

In October 1975, the property was “dedicated to God and his loving people” as the Crystal Park Christian Community.  Memberships were sold for $12,500. Owners could then build houses on lots within the park. Each lot is less than an acre.

It’s been mostly quiet in Crystal Park ever since. Until now.

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CRYSTAL PARK — A gem of a neighborhood dispute is a post from: Side Streets

Jacques Adnet in a 2004 photo.

Jacques Adnet would have been safe if he’d simply left the beaver dam behind his house on South Beaver Creek, west of Monument.

 But he didn’t like the snake-infested swamp it created.

Anyway, he liked the idea of a small pond. So, in 1979, the Air Force engineer cleared the swamp and reinforced the dam with dirt and gravel and put a narrow concrete cap atop it.

The result was a pond, about five feet deep, that he swam in on hot summer days. Year round, he watched the wildlife it attracted. And he admired the fish that lived in it.

Adnet’s pond is the small one in the middle of the photo below, captured from FlashEarth.

Adnet probably would have been OK if he’d built a swimming pool and filled it with tap water.  But he allowed creek water to fill his pond. Turns out, 30 years later, that was a mistake.

Water cops using satellite photos, like GoogleEarth and FlashEarth, spotted his pond among a string of ponds up and down the creek. Here’s a look at Adnet’s neighborhood and the region from the El Paso County Assessor’s web site.

They looked at state records and found Adnet had never filed for a water right and wasn’t paying any utility to replace the water his pond held or that evaporated from it during a year.

He was warned to drain the pond, file for a water right and establish a reimbursement through an area water district or face a possible fine.

Sadly, earlier this month he drained the pond.

Adnet is not alone. In fact, there are thousands of small ponds across the Pikes Peak region illegally using surface or well water. And the water cops intend to catch them all.

They say they have no choice. In 1985, Kansas sued Colorado alleging Colorado was illegally diverting water from the Arkansas River, violating a decades-old compact written to protect senior water rights in Kansas.

In 1995, the Supreme Court ruled in favor of the Sunflower State. Colorado was ordered to pay Kansas $34 million in compensation for the lost water. In addition, Colorado was ordered to stop the illegal diversions. That meant metering or capping wells and draining ponds that divert water owned by folks downstream.

Folks like Adnet do have options. They can hire a water attorney and go to the state water court to obtain a water right. Then they just file an augmentation plan for replacing the creek water or well water they use. That usually involves paying a water company to replace the water in the stream. And it isn’t cheap.

Here’s a story I wrote, published Sept. 7, 2009, about water rights.

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PULLING THE PLUG ON MORE THAN A POND is a post from: Side Streets

Folks in Stratmoor Hills, an unincorporated  neighborhood sandwiched between Fort Carson and Colorado Springs aren’t the complaining type.

Stratmoor Hills in a 2009 photo by The Gazette's Carol Lawrence

They are used to living on the doorstep of the massive Army post and for decades have put up with the inconveniences of heavy traffic, payday loan and pawn shops, as well as strip clubs that cluster just outside the gates.

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But they are unhappy about Fort Carson’s plans for a new railroad spur that will run 4,200 feet into their neighborhood, past their Stratmoor Hills Elementary School.

Here’s a look at preliminary plans from FlashEarth.

The spur is part of a $14 million project by the Army Corps of Engineers to expand the 70-acre Fort Carson railyard by adding five to eight spurs to quicken the deployment of troops.

The spur planned for the neighborhood would run along existing tracks, which connect to the main line along Monument Creek. It would allow the Army to temporarily store 44 rail cars during a loading/unloading process.

Neighbors fear the Army will store cars on the spur routinely, attracting graffiti vandals and forcing neighbors to look at the cars, which run 95 feet each in length.

The Army promises no cars will be parked on the spur more than 24 hours and the spur will actually shorten the amount of time cars in in the neighborhood now.

Plus, the Army said it will be safer for children going to school because it will build a new pedestrian overpass and close an existing foot path over the tracks.

Here’s a briefing paper the Army prepared for the neighborhood. However, plans have changed significantly since it was drafted. For example, a second spur into the neighborhood, mentioned in the plan, has been dropped.

In May, the Army is expected to begin an environmental impact assessment related to the project.

 Fort Carson spokeswoman Dee McNutt said that is the best time for neighbors to voice their concerns about the project. She said public comment is a major component of the assessment and taken very seriously.

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Railroad expansion spurs criticism is a post from: Side Streets

Ralph Gleckler and his Siberian husky, Whisper, used to enjoy a quiet morning walk through their Falcon Estates neighborhood.

Today, they find themselves dodging commuter traffic that roars through the rural subdivision situated north of Woodmen Road and Academy Boulevard, one of the busiest intersections in Colorado Springs.

The widening of Woodmen and construction of an interchange at Academy is causing perpetual gridlock.

And motorists are using their onboard computer navigational devices to find the otherwise obscure access points  in Falcon Heights to escape the traffic jams.

They are ducking off Woodmen and roaring through the neighborhood. Folks along the main short-cut routes like Gleckler and neighbor Janet Shea are suffering.

It was bad enough when Colorado Springs’ explosive growth brought an onslaught of commercial development to north Academy Boulevard, resulting in dozens of Falcon Estates homes being replaced by big box stores, restaurants and shopping centers.

The remaining neighbors found themselves living behind huge walls and dealing with lights, traffic noise and other byproducts of urban sprawl.

Now, Falcon Heights is dealing with rush-hour traffic. It’s not exactly what developers had in mind when they created the neighborhood in 1964.

It was envisioned as a tranquil place where officers from the Air Force Academy could build houses on 1- and 2-acre lots, keep and ride horses in a rural setting and enjoy a quiet life on the outskirts of Colorado Springs.

That tranquility has vanished as the cut-through traffic increases. The  majority of the motorists hit the 25 mph neighborhood at 35 mph to 40 mph, said Dave Krauth, the Springs’ principal traffic engineer.

Gleckler and Shea say it’s not unusual for commuters to hit 50 or 60 mph.

Unfortunately, there’s not a lot the city can do to help, Krauth said.

 The reason?

When Falcon Heights agreed to be annexed in 1994, its residents insisted the neighborhood retain its rural flavor behind the walls. They wanted to be free to keep and ride horses. And they didn’t want sidewalks, curbs and gutters lining their roads.

Bingo!

Without curbs and gutters, the city loses most of the weapons in its aresenal to combat cut-through traffic. Normally, Krauth would reach into his bag of  “traffic-calming devices” and pull out speed humps, or medians, or curb bump-outs to slow and discourage commuters.

They don’t work if motorists can simply drive around them. And they will, Krauth said. Shamelessly. It doesn’t help to erect stop signs, either.

Absent heightened police speed patrols, traffic is free to roar away. Some neighbors are trying to discourage speeders with their own little signs. But it doesn’t help, folks say.

Krauth said a speed radar sign will be used to discourage speeding. Otherwise, residents will have to grin and bear it until the construction project is finished in the summer of 2011.

You can read more about the Woodmen Road Corridor Improvement Project  or learn about the history of the Falcon Estates Home Owners Association on its Web site.

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TRANQUILITY OF FALCON ESTATES LOST TO CUT-THROUGH TRAFFIC is a post from: Side Streets

Pardon me for patting myself on the back.

But I’m proud to say the Side Streets blog has been judged the best blog by the Society of Professional Journalists in Region 9, which includes Colorado, Utah, New Mexico and Wyoming.

The Top of the Rockies award came some kind words:

“The judges believed this blog was not only insightful but gripping in both content and style of presentation.”

The awards were announced Saturday in Denver.

Thanks SPJ!

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SIDE STREETS judged best blog by Rocky Mountain SPJ is a post from: Side Streets

Well not quite tumbling.

Actually, workers are painstakingly lowering the wall, brick by brick.

It is the wall  built by Colorado Springs residents  Holger and Sally Christiansen. He’s an architect. She’s in real estate. They live in the Historic Old North End Neighborhood.

 They erected the elaborate structure around their compound on North Cascade Avenue, just north of Uintah Street and Colorado College.

They started in July 2007 using brick they shipped from Virginia. Only problem . . . they didn’t get the necessary permits and permissions needed to build in the city, much less in the hyper-restrictive North End Historic District.

Not only does the neighborhood have a  homeowners association, all work done on the outside of houses there must be approved by the Historic Preservation Board.

Despite being rejected by neighbors and the preservation board, the couple pushed ahead with their wall construction. The city finally got them to stop work on the wall, but not before they had encroached nearly two feet into the city alley and nearly completed the structure.

It stands well higher than the 6 feet maximum allowed without a variance and its decorative pineapple-shaped finials soar nearly 11 feet high. See them in photos I posted in a January blog entry.

Efforts to negotiate a settlement failed and ultimately the city sued to force compliance with city codes. In February, after a three-day trial, a judge found in the city’s favor and ordered the wall into compliance within 90 days.

 Here’s a blog I wrote about the trial with links to previous blogs and stories.

Below is a photo of the next-door neighbor’s fence, and its decorative finials, with the Christiansens’ shrinking wall in the background.

The couple’s decision to comply and shrink the wall does not necessarily end the saga.

They’ve asked permission to keep their finials. The request is pending city approval.

While they wait, work is progressing.

Besides deconstruction, the Christiansens have had to deal with other problems related to their wall. The prolonged dispute caused a lot of hard feelings and some have stooped to obscene graffiti to voice their opinion.

WARNING!

Some might find the next photo objectionable. It was taken by Gazette staffer Mike Eiler about two weeks ago.

It is a good example of the emotions stirred by the case.

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AND THE WALL COMES TUMBLING DOWN is a post from: Side Streets

Residents of the tidy Golf Course Acres neighborhood are fed up with Fire Hendricks and all her excuses for not fixing up her house, which was condemned by the Colodrado Springs Code Enforcement officers in 1998.

The house is owned by Fire Hendricks, 72, who says she bought it in 1965. It was condemned after emergency crews responding to a call for help were shocked at what they saw inside.

Ken Lewis, city code enforcement administrator, said Hendricks is a hoarder who filled the house with junk. Standing water in the basement led to a dangerous mold problem throughout the house.

Over the years, the house has deteriorated from neglect. Windows are broken allowing tree limbs to grow into the house.

 The roof is collapsing, holes are covered with plastic. But they can’t keep the squirrels, raccoons and other wildlife out of the house.

Neighbors want the city to force Hendricks to do something with the house. Those who have been inside say it’s too far gone to repair. They say it should be razed. They’ve even offered to buy it from Hendricks, but she refuses to sell. Here’s a view of the neighborhood from FlashEarth.com.

The El Paso County Assessor’s Office values the house at about $57,000.

Hendricks said she has volunteers lined up to roof and paint the house if she can get materials.

She also needs to empty the house to allow for repairs. But she said she has no where to put all the stuff inside. Hendricks said she recently downsized her possessions from 11 storage lockers to 9 lockers. She said her belongs are too valuable just to give away.

Hendricks said she makes $238 a month in Social Security as well as some unemployment benefits.

Lewis said his officers have done everything they can to help her. But he said she refuses to cooperate. The city’s blight ordinance calls for his agency to start fining her $500 every three months until she comes into compliance.

If she still refuses to comply, she could face criminal charges and eventually the city could raze the structure.

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NEIGHBORS CONDEMN OWNER OF BLIGHTED HOUSE is a post from: Side Streets

Look familiar? If you spend any time behind the wheel in Colorado Springs, you’ve probably seen hundreds of potholes this spring.

In fact, the city says it has filled 7,400 in the first three months of 2010. In fact, nine crews from the Street Division repaired more than 4,000 in March alone!

Sadly, they are only about halfway done. And that’s only if we don’t have any more freeze-and-thaw cycles, said Ken Winckler, operations manager for the division.

Just about all 109 of the street division staff are involved in patching potholes.

Sometimes, it looks like they are all standing around one hole, watching a single person work. At least, that’s the perception of some in the city.

Reader Frank Rakoczy recently sent The Gazette a couple photos of a street crew working on his street in Rockrimmon and wondered why only two of the seven city employees seemed to be actually working.

Below are Rakoczy’s photos. In the top photo, a city truck pulling a trailer filled with hot liquid tar is visible followed by seven men and a supervisor’s white pickup truck.

The second photo shows a closer view of the crew. One man is bent over, holding a wand that pumps hot liquid tar into cracks in the asphalt. Three men hold large squeegees that they use to push the tar into the cracks and smooth it. Two men perform traffic control and a third is the supervisor, Winckler said.

Winckler said the tar truck was led up the street by a truck pulling an air compressor. A worker walks behind the compressor truck, blowing dirt and rocks out of the cracks before the tar is pumped in to seal the cracks.

Below is a partial view of a map of Colorado Springs maintained by the street division.

The large black dots represent “open” requests for pothole repair the city has received from citizen phone calls and through e-mails to the Street Division Website. Each dot represents one pothole, even if it has received repeated calls for service.

Small grey dots represent filled potholes. 

There are a couple ways to report potholes for repair:

• Call the Pothole Hotline (leave a message): 385-6808
• E-mail: streetdivision@springsgov.com

To learn more about how the city repairs its streets, follow this link to the city’s Web site.

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POTHOLES MAKE STREETS RESEMBLE MOON CRATERS is a post from: Side Streets