Last month, Woodmen Hills Metropolitan District mailed a letter to residents in Woodmen Hills filings 1 through 10 stating that, while the filings still have covenants that can be enforced by direct neighbor-to-neighbor litigation, the district itself would no longer enforce them.The action was prompted when the district was involved in a lawsuit regarding filing 8 and part of filing 9. Board member Keith Moulton said at that time they learned the current service plan does not include provisions for covenant enforcement.Laws that give special districts the right to enforce covenants and charge fees weren’t passed until 2004, Moulton said.The lawsuit also revealed that the time period for setting up a homeowners association in filings 1 to 10 had already passed.”When we, as a board, found this out, we felt we needed to take a breath and get things done correctly, so that’s where we’re at,” Moulton said.Unhappy residents attended the district’s monthly meeting in September to express their concerns.Covenants without enforcement are like a family that sets rules for the children, but if the rules are broken, there are no consequences, said Debra Wright.”Without consequences, we all know rules are ineffective,” Wright said.”Since this letter has been received by residents of Woodmen Hills, we’ve developed a used car lot … and we’ve become a storage facility for RVs and fifth wheels, all within the week.”Some people are talking about using their property as trailer storage to make money, she said.Connie Kalbach said that by sending a letter that did not include information on the board’s plans to resume covenant enforcement in the future, the board had unleashed “a bunch of people” who think they can do whatever they want.Sending the letter as it was written was a mistake, said board member Robert Lovato.Moulton said the board inherited this problem from past boards.”When I’m told we’re doing something wrong or illegal, I need to take action to stop that, otherwise I’m responsible, personally and as a board member,” he said.”We have to change our service plan,” which they’ve initiated, Moulton said. The service plan has to be amended and approved by the El Paso County Board of Commissioners at an estimated cost of $5,000, he said.The district’s new attorney, Evan Ela, said he recommended that the board hire a covenant attorney to review all the covenants to see how to amend them to allow enforcement and the collection of enforcement fees.”What if I don’t want to amend my covenants? There are a lot of seniors out here, and people cannot afford higher costs,” said Jim Beatty. He said his covenants do not have a service fee.Ela said covenants usually include an amendment process.Wright said she’s reviewed the covenants with a covenant attorney. Some covenants require 66 percent of the vote, and some require 75 percent of the vote to approve an amendment.In another covenant case involving Woodmen Hills, the judge ruled against Woodmen Hills because of a lack of enforcement over a period of time; thereby, setting a precedent, Wright said.She urged the board to amend the service plan and covenants by the end of January 2011.”This is over 120 days to re-establish enforcement before the non-enforcement precedent takes place,” she said.Moulton said the board is allowing a maximum of six months to amend the service plan. Meanwhile, they will work with an attorney to review and amend the covenants – a process that could take as long as a year, he said.The cost of amending all covenants is unknown.Ela said some of the homes are bank-owned, which will make amending the covenants more difficult.Lovato, Moulton and Ela urged concerned residents to contact their neighbors to organize support for amending the covenants.The board also amended its 2010 budget to remove the $100,000 that had been allocated for covenant enforcement.
