Side Streets ~ Neighborhood people and issues

Archive for January, 2013

INJURED BUCK DRAWS A CROWD

January 11th, 2013, 8:15 pm by

An injured mule deer buck continued Friday to rest on a ledge of a retaining wall in Rockrimmon in northwest Colorado Springs, generating dozens of inquiries to the Colorado Division of Parks and Wildlife, and to The Gazette, from concerned neighbors and passersby.

The buck, with his broken and bloodied antlers, severe limp and sagging ears, has been living on the ledge since before Christmas. Neighbors have been leaving tubs of water and feeding it apples, berries and other food. The buck was the subject of Thursday’s Side Streets column in The Gazette.

Generally, the buck stays on the ledge, about five feet above the sidewalk and Vindicator Drive, near Rockrimmon Boulevard. However it has disappeared for hours at a time in recent days.

On Friday, Wildlife spokesman Michael Seraphin continued to stress that it’s important for people to leave the buck alone.

He noted it’s illegal to feed the deer.

And he cautioned everyone to stay a safe distance away, and not to forget it is an injured wild animal despite the names given it like “Chuck the Buck” and “Fred” by electronic news outlets.

“We got reports of a woman with a baby standing next to the deer,” he said. “There’s a potential safety risk there. We’re lucky nothing has happened yet.”

He also repeated the agency has few options.

“We try to explain to callers that our options are limited to letting it recover or putting it down,” Seraphin said. “We are getting comments from people who want us to put it in some kind of shelter, or have a vet treat it or that we should not let the animal suffer and put it down.”

Seraphin said the agency debated tranquilizing the deer so a veterinarian could examine it and assess its injuries and chances of survival.

“The trauma could kill the animal,” he said, noting that the busy intersection would need to be shut down for upwards of 30 minutes to ensure the buck didn’t bolt into traffic before the tranquilizer took effect.

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MAGNIFICENT BUCK A VICTIM OF LOVE

January 10th, 2013, 12:01 pm by

Just before Christmas, a buck with a large, magnificent set of unusual antlers showed up near the intersection of Rockrimmon Boulevard and Vindicator Drive looking pathetically underweight with obvious injuries, a noticeable limp, blood-stained fur and antlers and sagging ears.

At the Safeway across the street, customers and employees shared their concerns for the buck. Some speculated he’d been hit by a car, noting the large knots on his legs. Others volunteered that they were taking cranberries and water to the buck.

A few days later, I saw the buck again. Instead of limping along the sidewalk, he was resting on the ledge of a retaining wall, about five feet above the street. He was hidden among shrubs growing on the ledge. He barely moved as people walked right up to him. Next to him was a plastic tub of water left by a neighbor.

In the meantime, concerned neighbors started calling the state Division of Parks and Wildlife office and its officers began making daily checks on the buck.

Some asked if the buck could be caught and taken to a sanctuary for treatment.

Others wondered if it could be moved to a more remote location, away from the busy intersection and the constant stream of turning cars and trucks around the shopping center and the foot traffic of children walking to Eagleview Middle School.

A few even suggested the buck needs to be euthanized because it was obviously in pain.

My wife and I have been keeping tabs on the buck. My son, Ben, reported watching from his school bus as people hand-feed apples to the buck.

Peregrine resident Chris Duffey is among the worried neighbors.

“He doesn’t look like he’s doing very well,” Duffey told me. “It’s frustrating as an animal lover to see that animal there suffering.”

Duffey said it appears to her the buck was hit by a car or truck, noting the knots on his legs are the size of tennis balls.

“I hate to see him suffer a slow death,” she said. “It seems inhumane.”

So I called Michael Seraphin, spokesman for Parks and Wildlife, who confirmed his agency is monitoring the buck.

Seraphin said wildlife agency experts believe the buck, most likely, is a victim of love.

They suspect he is battered, bloodied and bruised after a vicious rutting season in which bucks fight each other for dominance and the right to mate.

“After the rut, male deer often are in poor body condition,” Seraphin said. “They can appear weak and stressed.

“They have been battling with other deer. Often they get so focused on their reproductive drive and the challenge for dominance that they don’t eat. This can really take a lot out of them, especially older bucks like this one.”

An injured mule deer rests on a ledge of a retaining wall along Vindicator Drive near Rockrimmon Boulevard.

Wildlife websites say bucks can shed 20 percent of their weight during the rut. Afterward, they will bed down for several days to recover. Sometimes bucks in rut will fight to the death.

Other factors also may have contributed to the buck’s condition, Seraphin said. A car may have hit the deer. Or a predator such as a mountain lion or coyote could have attacked.

“We’re hoping he’ll regain his strength and his health will improve,” Seraphin said. “But if he continues to go downhill, we’ll have to revisit the decision to euthanize it.”

Seraphin said the ledge where he’s been resting is beneath a couple crapapple trees, which he’s been eating. And he said deer are pretty tough animals, noting a few three-legged deer can be spotted around the region.

An injured buck mule deer rests on a ledge of a retaining wall beneath an apartment building along Vindicator Drive near Rockrimmon Boulevard. Above it, other deer graze on grass.

But the buck’s magnificent antlers, and the attention of well-meaning strangers, might doom it.

“Even though the rut is over, male deer will continue to jostle him as long as they have those antlers,” he said. “They will take advantage of his weakened condition.”

Then there’s the problem of humans feeding the deer.

“We’d ask people not to feed him,” Seraphin said. “It’s illegal to feed deer. And there’s a good reason. They can starve to death with a full stomach.”

When deer deviate from their natural diet of grasses, shrubs, leaves and other vegetation, they can suffer fatal digestive problems.

“It’s a difficult situation,” he said. “Everyone wants to help the deer. But the only choices are putting it down or letting it be and hoping it improves on its own.

“I’m afraid time is not on the deer’s side  unless he makes a marked recovery soon. Each day that goes by, we’re getting closer and closer to taking some sort of action. We can’t leave the situation the way it is.”

BEFORE

The mule deer had a spectacular set of antlers when it was healthy before the fall rut as seen in this photo by Side Streets reader George Gibson.

AFTER

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HOA CZAR ON AGENDA FOR 2013 GENERAL ASSEMBLY

January 7th, 2013, 12:01 pm by

Colorado Sen. Morgan Carroll, D-Aurora and incoming Senate Majority Leader

When Sen. Morgan Carroll sponsored the Homeowners Bill of Rights in 2005, it turns out she was just getting started in her efforts to rein in rogue homeowners associations boards and property managers who abuse HOA residents.

Stricter reforms followed.

Now, as the 2013 Colorado General Assembly opens this week, Carroll is poised as incoming Senate Majority Leader to tighten the state’s grip on HOAs.

Carroll, an Aurora Democrat, said bills will be introduced in the Democrat-controlled House designed to give homeowners a powerful new ally in their battles with dictatorial HOAs by creating what I’m calling a state HOA czar.

Carroll said she wants to energize the HOA Information Office and Resource Center beyond its current role collecting data and informing people of their rights.

She hopes to transform the office and its leader, HOA Information Officer Gary Kujawski, into a robust investigative and enforcement agency.

Lawmakers, led by Carroll, created the agency in 2010. It spent 2011 registering HOAs — single-family neighborhoods, condo and townhome associations, voluntary improvement associations, property owners associations. And its staff fielded dozens of calls each day from HOA residents reporting claims of abuse.

Early in the 2012 session, the agency delivered a devastating 24-page report to lawmakers chronicling the complaints and sparking calls for strict regulation of the state’s 8,000-plus HOAs.

“When we created the HOA Information Office, we were wanting an ombudsman with investigative authority and enforcement authority,” Carroll said.

“This year, we’re definitely looking at making the HOA info office more robust. There’s a list of things we can do to put more teeth into the office.”

Mark Ferrandino, D-Denver and incoming Speaker of the Colorado House

Carroll said it’s only fair to give HOA residents someone to call when going up against well-funded HOA boards and property management companies and their attorneys.

“Even with the law on their side, most people don’t have time or money to go to court,” she said. “It’s a  minimum $10,000 investment.”

Another bill would require individual property managers be licensed by the state. She prefers it to licensing management companies as a sunrise review recommended in 2012.

“We think it would go a long way toward better compliance with state law,” Carroll said.

“Managers are more likely to advise them to run open meetings, to comply with disclosure laws and produce documents as required if they know their professional license is at stake.”

Carroll has more ideas for protecting the 2 million Coloradans living in HOAs.

And she’s hopeful of winning passage, given the predisposition of House Speaker Mark Ferrandino toward HOAs. (See Saturday’s Side Streets column.)

“I’m really looking forward to this session,” Carroll said.

This could get interesting.

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HOAs TO TAKE CENTER STAGE IN GENERAL ASSEMBLY

January 5th, 2013, 12:01 pm by

Incoming Speaker of the Colorado House Mark Ferrandino

Incoming Speaker of the House Mark Ferrandino brings a very personal perspective on homeowners associations to the Colorado General Assembly when it convenes next week.

He’s not a fan.

In fact, when I mentioned HOAs to Ferrandino during his newsroom visit Thursday, he had this response:

“Don’t get me started!”

Seems the leader of the Colorado House had a rude introduction to life in covenant-protected communities. You know, neighborhoods with volunteers to enforce architectural and landscaping rules to maintain community standards and protect property values.

“When I lived in an HOA, I thought of my HOA as being paid as part of my mortgage,” Ferrandino said. “Our HOA fees were $25 a month. They didn’t do much so it wasn’t really a lot of money.

“After living there about six months, I get a notice that there’s a lien on my property. I didn’t realize I wasn’t paying my HOA.”

The Denver Democrat was echoing a complaint I’ve heard often by folks who felt ambushed by the very existence of an HOA in their new neighborhood and the need to pay dues.

Ferrandino was shocked that his HOA board would take such a predatory approach to a new neighbor.

“The president of my HOA wasn’t smart enough to just walk down the street, knock on my door and ask for a check,” said Ferrandino, a fiscal analyst who has a master’s degree in economics. “I could have just written the check for $75.

“I was good for it.”

Instead, he ended up spending upwards of $500 to cover the court costs and legal fees associated with satisfying the lien.

“So you can understand my attitude toward HOAs,” Ferrandino said. “I actively look for areas that do not have HOAs where I will live.”

It will not surprise anyone, then, that Ferrandino welcomes greater regulation of HOAs, their managers and volunteer boards and expects several bills to be introduced.

“There needs to be much more accountability and transparency in HOAs,” he said. “We’re supposed to be a democracy. But sometimes they have dictatorial authority within communities.”

So I asked how he felt about giving the new HOA Information Officer, Gary Kujawski, power to investigate and enforce the 2005 Homeowners Bill of Rights as well as subsequent efforts by lawmakers to rein in HOAs, led by Sen. Morgan Carroll, D-Aurora.

“I’m open to it,” he said with enthusiasm. “I’d love to see a bill that gives people in HOAs a way to enforce their rights. So they have someone to complain to that can hold HOAs boards and managers accountable.

“We can pass all the laws we want, but if people don’t have a way to complain and enforce those laws, they aren’t worth the paper we printed the laws on.”

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Please follow this link to a December 2012  Side Streets column about recent changes in HOA law.

To read a May 2012 blog about the HOA Information and Resource Center, click here.

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