COLORADO SPRINGS, Colo. (KOAA) — Some homeowners in the High Meadows HOA in Colorado Springs say they are fed up with their homeowners association, claiming the board is not adhering to its own rules and regulations.
One frustration is based on a newer homeowner who built a chicken coop in their backyard, something residents say violates several HOA rules.
"This is our investment, the largest investment we make," said Michael Mascotti. "We've been here since the neighborhood first started. These are our forever homes."
Other residents echoed that sentiment.
"I watched my home go up from the dirt," said Michael Alexander. "They're checking if your yard is a half inch over what it should be, and others get away with murder."
The same message came up time and time again, not everyone in the High Meadows at Springs Ranch neighborhood is being held to the same standard.
Debbie Griffin lives next door to the chicken coop.
"It looks like a Jesus stable," said Griffin.
"It's also the pond they built for the chickens, it's sitting stagnant, and that will collect bacteria and mosquitoes," added Griffin's friend, Cindy Paris.
After reviewing the High Meadows Rules and Regulations, farm animals and chickens are not allowed. The chicken coop also appears to violate other HOA regulations, including rules about shed size, placement and building materials.
Elevation Management, the company that oversees all Springs Ranch HOAs, responded with a detailed explanation of why the coop was approved.
In a statement, a spokesperson said that while the HOA rules do state chickens are not allowed, city and state laws take precedence over HOA rules.
The spokesperson explained the hierarchy of HOA documents as follows with each level required to comply with those above it:
- state law
- city law
- the plat map
- articles of incorporation
- covenants conditions and restrictions
- bylaws
- policies
- rules and regulations
The spokesperson said all HOAs in Colorado are governed by the Colorado Common Interest Ownership Act (CCIOA), which was passed into the general assembly in 1991.
Because Colorado Springs city law allows residents to keep chickens within city limits, the association is required to allow them, even if its own rules say otherwise.
The spokesperson also addressed the timeline of the dispute, saying the issue had been resolved.
HOA attorney Robert Schifferdecker, a senior associate with Robinson & Henry who specializes in HOA law, had a nuanced take on the board's position.
"I agree with them that Colorado Springs allows chickens, I don't agree there's anything in CCIOA that prevents them enforcing their covenants that are more restrictive," said Schifferdecker.
Schifferdecker said the homeowner has two options, get involved with the HOA board to resolve the issue, or pursue a legal route.
"Either go after the homeowner for breach of covenant, or go after the HOA for failure to enforce the covenant," said Schifferdecker.
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