FAQ


 

What is an HOA?

Homeowner associations (HOAs) are generally paid membership organizations that are mandatory with home ownership in certain housing developments. Southmoor Park East HOA was originally created in 1965 and renewed in 2011. The fee of $25.00/Lot/year was set and approved by the membership in 2011.

What happens if I do not pay my HOA assessment?

Under the covenants and policies, SPEHA has the power to place a lien on your home or take other legal action if you fail to pay properly levied assessments. Currently, the Board will not place a lien on a home until the owner has failed to pay three years of annual assessments.

Where do I send my check to pay my annual dues?

Mail you payment to dues payment to Southmoor Park East Homeowners’ to:

First American State Bank
Southmoor Park East HOA
8390 East Crescent Parkway
Greenwood Village, CO 80111-1247

When and where does the SPEHA Board hold their meetings?

The Board normally meets the second Wednesday of each month at 7:00 p.m. at Citywide Bank, located at the intersection of Hampden and Monaco (6500 East Hampden Avenue, 2nd floor conference room). All neighbors are welcome to attend the Board meetings. A draft meeting agenda is posted a few days prior to the meeting, which can be found by clicking the meeting notation on the Calendar page.

What documents and laws govern an HOA?

Articles of Incorporation establish the legal basis of the association and are filed with the Colorado Secretary of State’s Office. They are typically in the form of an incorporated non-profit corporation.

  • Map or Plat shows and defines the owner’s title to the property, as well as the association’s title with regard to the common areas. It is recorded at the county recorder’s office where the property is located.
  • CC&R’s (Covenants, Conditions, and Restrictions) and sometimes referred to as Declarations, contain the deed restrictions to the property. They are recorded at the county recorder’s office where the property is located.
  • Bylaws are the rules concerning the management and administration of the corporation.
  • Resolutions, Rules & Regulations are additional restrictions for the community members that the association can adopt.
  • State Laws specific to common interest communities such as condominiums, cooperatives, and homeowner associations include the Colorado Common Interest Ownership Act (CCIOA) and the Colorado Non-Profit Act. There are also some additional state laws of concern, such as the Colorado Fair Housing Law and the Colorado Fair Debt Collection Practices Act.
  • Local Municipal Ordinances may include building codes, animal control, and parking restrictions.
  • Some Federal laws can preempt covenants that violate federal laws.

When I replace my roof, what kind of roofing material does the covenant allow?

The roof of the main portion of each single-family residence shall have a pitch not less than three and one-half (3-1/2) feet to each twelve (12) feet. The covering of each such roof shall be cedar shingles, wood shake shingles, clay, or cement tile shingles, or other material satisfactory to the Association.

Translation: If you wish to replace your roof with cedar, wood, clay, or cement shingles you do not need Board approval. All other materials need Board approv-al. The Board of Directors of the Association may, in its discretion, elect to establish a list of additional materials for roof coverings, upon which Owners may rely; pro-vided, however, that the Association may amend or re-vise such list at any time, in its discretion.

Translation: There is no such list. You need Board approval for any roofing material other than cedar, wood, clay, or cement shingles. Even if your neighbor secured Board approval for a roofing material it does not mean it is generally approved for use in the neigh-borhood. Each approval is specific to that home. A prior approval at a one home does not mean the same or a new Board will approve the same material at a different home.

Can I have my boat, camper, trailer, motorized home, or truck stored on my property?

No boats, campers, trailers, motorized homes, or trucks may be stored on any part of a Lot in front of the front building line.

Translation: This means you cannot store your boat, camper, trailer etc. on your driveway. We define store as more than 72 hours or until we get a complaint. In addition, for corner lots, no boats, campers, trailers, motorized homes, or trucks may be stored on any part of the Lot between the residence and the side street property line. For those who think this means you can store your boat, camper, trailer, etc. in your backyard—think again! Under Denver Municipal Ordinance, you cannot use an unpaved portion of your yard as a park-ing space. Under the SPEHA covenants, you cannot pave a new parking space on your property to park the camper without obtaining the permission of the Board. Further city ordinances state that a boat, camper, trailer, etc., cannot be parked on a city street for more than 72 hours. The Board prefers that you store your boat, camper, trailer, etc., somewhere offsite to preserve the aesthetics of the neighborhood. If the vehicle is stored on the street then call 311 and the City will follow up.

What do I need to do to replace and/or build a new fence?

No building, fence, wall, or other structure shall be constructed, erected, or maintained, nor shall any addition thereto or change or alterations therein be made until plans and specifications, plot plan, grading plan, including finished grade elevations therefor, and other information reasonably requested by the Association shall have been submitted to and approved in writ-ing by the Association and copies thereof as finally approved lodged with the Association. In so passing upon such plans, specifications and other requirements, the Association may take into consideration the suitability of the proposed building, fence, wall or other structure and the materials of which it is to be built to the site upon which it is to be built to the site upon which it is pro-posed to erect the same, and the harmony thereof with the surroundings. Translation: We value the opinions of your neighbors. So make sure you run your plans by your neighbors first before you ask for Board approval.

CITY REQUIREMENT REMINDERS — For more information or to report parking, property maintenance, street repair or cleaning, construction-related code violations, and other City services please visit Denver Help Center @ www.denvergov.org or call 311.

Snow Removal

The city requires that once snow has stopped falling, residents have twenty-four hours to remove snow and ice from public sidewalks adjacent to their property. The City relies upon citizen complaints and 311 calls to identify the addresses of unshoveled sidewalks.

Property Maintenance

Denver requires that yard or property maintenance is important to our Southmoor Park East residents and noncompliance is subject to a fine. The following are regulated and not allowed by the city:

  • Unattended vegetation over 6” in height (grass or weeds)
  • Accumulations of rubbish in yards or along alleys
  • Appliances or furniture, intended for inside use, in yards or on porches
  •  Accumulations of cut branches in yard
  • Accumulations of dog manure in yard
  • Defective or illegal fences, proper height (4’ in front, 6’ on sides and back for residential zones)
  • Fences must be in good repair with approved materials (no barbed wire, corrugated metal or salvage materials)
  • Trashcans and recycling containers must not be stored in the front of the house or on the street or driveway

For the safety of pedestrians/motorists, the following regulations apply to your trees/tree limbs:

  • Tree limbs extending over the street must be at least 13’6” above the street surface
  • Plant growth cannot extend over the sidewalk
  • Low limbs over the sidewalk must be a minimum of 8’ above the sidewalk
  • Trees with dead or broken limbs over 2” in diameter must be pruned or removed
  • Dead, diseased or dangerous trees must be re-moved
  • Licensed tree companies must perform tree work in the right-of-way

Shed/Outbuilding Guidance

Under the covenants, outbuilding must be approved by the Association’s Board. Sheds meet the definition of an outbuilding. The covenant provisions that apply to sheds are stated below:

“An outbuilding as the word is used herein is intended to mean an enclosed covered structure not directly attached to the residence which it serves.”

“The principal exterior material of any residence or outbuilding shall be materials satisfactory to the Association.  Every outbuilding shall correspond in style and architecture to the residence to which it is appurtenant.”

“No outbuilding on any Lot shall exceed the residence to which it is appurtenant in height or number of stories, nor shall any outbuilding be used as a residence or living quarters.”

“No building, fence, wall or other structure shall be constructed, erected or maintained, nor shall any addition thereto or change or alterations therein be made until plans and specifications, plot plan … and other information reasonably requested by the Association shall have been submitted to and approved in writing by the Association and copies thereof as finally approved lodged with the Association.”

“In so passing upon such plans,… the Association may take into consideration the suitability of the proposed building, fence, wall or other structure and the materials of which it is to be built to the site upon which it is to be built to the site upon which it is proposed to erect the same, and the harmony thereof with the surroundings.”

Currently, polyurethane (plastic) materials are not satisfactory to the Board. The Board will also require suitable roofing materials that correspond in style and architecture to the residence to which it is appurtenant.

In making requests for approvals of sheds, please provide:

  1. Dimensions and materials of the shed including the roofing material;
  2. Site plan showing proposed location of the shed; and
  3. Written approval to the site plan by all affected neighbors (any neighbor that could see the shed).

Submit your request and plans to

  1. Casey Funk, President, SPEHA at [email protected] or
  2.  any other Board member

Board meetings are held the second Wednesday of each month, 7:00pm at Citywide Bank. Please allow enough time for the Board to review your plans.