Ron Hardman has lived in Woodmen Hills five years and has spent $30,000 landscaping his lot. Four years ago, he installed a concrete driveway – using recycled concrete – to accommodate his truck. A few years later, in January 2007, Hardman received a letter claiming the concrete driveway violated community covenants.Hardman immediately sought clarification from the Woodmen Hills Covenant Board, but it took the board more than a year to respond to Hardman’s letters and e-mails.The dispute centered on the type of concrete used for the driveway. Hardman used recycled concrete – concrete material that has been crushed to a consistency of gravel stones.Since there is no design and review committee overseeing Hardman’s area in Woodmen Hills and the covenants did not enumerate exceptions, he interpreted the articles regarding acceptable driveway material to include all forms of concrete – pavers, solid slab and recycled.Hardman received the board’s response in May. The board stated that the use of crushed or recycled concrete for driveways violates covenant standards, but since the driveway was installed more than four years ago, they would no longer pursue the issue.Through the course of his conflict with the board, Hardman said he felt his only recourse was to hire an attorney and take the matter to court. “There was no dialogue with the board and no options laid out,” Hardman said.He said the covenant board owes residents the same prompt and respectful response as it demands from homeowners. “The board needs to recognize that there hasn’t been covenant enforcement, and some covenants are ambiguous,” Hardman said.Joseph Henry, president of the Woodmen Hills Covenant Management Board, said the level of covenant enforcement has just recently increased, following the decision to turn the covenant management over to the Woodmen Hills community.The Woodmen Hills Metro District did not want the responsibility of covenant management, and Henry said some residents, who worried about property values, wanted more formal covenant control. Eventually, the Woodmen Hills Covenant Management Board was established as a nonprofit, private entity to oversee covenant enforcement, Henry said.The covenant board, several years in the making, formally came together in late 2007, Henry said. Five resident board members were selected from responses to earlier requests for covenant committee volunteers.An additional three residents serve on the covenant board’s only subcommittee, the design and review board. Henry said efforts were made to ensure each filing was represented on the board or the subcommittee.”We’re here to enforce existing covenants – no more, no less,” Henry said. “We can’t edit, add to or delete covenants.” To enforce the covenants, Henry said the board contracted with Colorado Management & Associates to inspect the neighborhood and cite violations.Jim, a Woodmen Hills resident who asked that his last name be withheld, said he doesn’t remember calls for community input.”It’s a group of self-appointed people and smells of Chicago politics,” Jim said. He said he checks the metro district Web site for community information, and he said he never found notices for openings on the covenant management board.”I wish they [the covenant board] would enforce the covenants,” said Gloria Willman, Woodmen Hills resident. “The neighborhood would look nicer.”Willman received a letter in December stating that her uncovered camper and boat were in violation of the covenants. The Willmans moved the camper and boat into their garage but are frustrated that other families on the street have not done likewise.Henry said the apparent inequality stems from the complicated nature of the covenants, which vary from filing to filing. Variations also exist within the filings, creating situations where a violation on one side of the street is allowed on the other, Henry said.Before violation letters are sent, Henry said Colorado Management verifies the covenants applied to each home.While not all neighbors are opposed to covenant enforcement, many are dissatisfied with the current management.Tim Schrobilgen said he is happy with the way the neighborhood looks. He said the neighborhood doesn’t need more enforcement and any problems should be handled within the community. “I’m opposed to a third party coming in,” Schrobilgen said.”I like the idea of covenant enforcement,” said resident Mike James. “But they’re not doing it the right way and not creating a positive atmosphere.” He also favors enforcement among neighbors.Peg and Gil, who also requested that their last name be withheld, are against any kind of covenant enforcement. “I bought the land; I pay the taxes on it; I should be able to do what I want on it,” Gil said.”Why are we paying $6 to $8 on our water bill for them [the property management board] to patrol the neighborhood?” Peg said.In addition to the increased water bill costs, Hardman is concerned about legal fees when residents have to be taken to court.When a violation ends up in court, 2005 Colorado legislation mandates that the losing party pay all legal fees.”If the resident wins, Woodmen Hills must pay,” Hardman said. “Since we [residents] are Woodmen Hills, we really pay in either scenario.”Hardman wants the covenant board to remember that they are all neighbors. “Instead, they are coming off like the IRS on audit day,” he said.Henry said the board seeks community participation. The board will hold elections for two positions this fall, and notices of board meetings are printed on the water bill, he said. Woodmen Hills’ residents also can access board meeting minutes and additional information through the Colorado Management Web site at www.coloradomanagement.com.The board meets the first Tuesday of the month at 6 p.m. at the Woodmen Hills Metro District office. Residents working through violation issues can request hearings, Henry said.
