Goats and HOA Board
I live in an HOA with 5-acre lots in El Paso County, East of Colorado Springs, just South of Shreiver AFB. I was the first to build in 2011 in the Cottonwood Estates community of 24 lots. At the time of purchase, I was given the wrong covenants from the realtor - one from 1996 instead of the 2006 active covenants. The board formed in 2015. We had already broken numerous regulations. The HOA president's wife brought her grandchildren to visit our Nigerian dwarf goats on numerous occasions. The vice president's wife brought her children to visit our goats quite often. Nobody ever mentioned that goats were in contradiction with the covenants. At this point, I still didn't have a copy of the covenants. Not only were we not told, but the Board actually encouraged us to build our herd, by their frequent visits. We paid $12K for a large shed to house our goats on our 11 acres (we own 2 lots). All of a sudden we're told we have to get rid of our goats. The board members started asking me what number of goats we would agree to reduce our herd. I later found out that they don't have this power. Rules are changed with amendments, not by Board action. If we reduce our number in this big shed, there won't be enough goats to keep each other warm in extreme cold. They would freeze to death. I got a copy of the covenants and noticed that there are violations all over the place. The Board has never pursued a single amendment to the outdated covenants, and they ignore regulation after regulation, other than our goats. Realtors have told recent buyers that there is no HOA, probably because they have a copy of the covenants and there are violations everywhere - HOA must not be active right? Now others have moved in, and they want some farm animals on their 5-acre lots and want their children to be part of 4-H. Hobby farms are perfectly OK according to the El Paso County zoning department. A committee has formed to put forth amendments to the covenants. However, they don't want to address enforcements. The covenants basically give the Board unequivocal power to enforce or NOT enforce (i.e. discriminate, play favorites, etc). If this community goes through the trouble to pass amendments, and update the covenants to the desires of the homeowners (2/3 vote), then the Board should enforce evenly and consistently, without the ability to pick and choose. But they want to retain this Dictator-like power.
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Pursuant to HB23-1105, this project has now concluded. On behalf of the Department of Regulatory Agencies and the Division of Real Estate, thank you for your interest and participation.