Speeding Drivers Impact Peaceful Enjoyment of My Property

MY CONCERN:

Language in C.R.S. § 38-33.3-209.5 (HB 22-1137) has recently been used to justify gutting Rules and Regulations for *NON-curable violations*, as well as for curable violations.

At issue is a non-curable violation: exceeding the posted speed limit.

BACKGROUND:

In the past, our HOA effected changes in driver behavior using due process. We have photo radar equipment and trained enforcement staff. We had a schedule of fines and a fair hearing/appeal process, defined in our Rules.

Our HOA owns and maintains 19 miles of rather steep and curving Private Roadways. On a daily basis, speeding drivers (1,000+) pose health and safety risks to pedestrians, wildlife, other drivers, and homeowners who live adjacent to these thoroughfares.

Hiding behind HB 1137, our HOA management (with backing from HOA legal counsel) has gutted a longstanding section of our Rules and Regulations that cover penalties for speeding, and other NON-curable violations.

In its place are newly adopted Policies and Procedures that are weak and confusing. Not only are they difficult for a layperson to understand but may also be difficult to execute transparently.

Some residents perceive the newly crafted legalese to be ‘weasel words’ based on pretzel logic. Gobbledygook, in other words.

CONCLUSION:

As a past HOA board member I believe CCIOA must be updated to clearly give Colorado HOAs the ability to properly enforce non-curable violations such as speeding.

The manner of HOA speed limit enforcement should be allowed to mirror that used by state and county law enforcement personnel.

Quality of life in our community — the peaceful enjoyment of one’s property — depends on it.