Metro District proposes covenant revisions
It can be a dirty job but someone has to do it.
And when it comes to keeping the community clean — including enforcing property owners to remove rubbish — the Pueblo West Declaration of Reservations is the go-to document for improvements and structures.
Property owners in various tracks in Pueblo west will be receiving notification of proposed modifications to the Declaration of Reservations in the mail.
This will be a valid document in the mail and not junk mail, said Laurie Cozzetto, community development manager for the Pueblo West Metropolitan District.
The Pueblo West Metropolitan District Board of Directors is processing the proposed covenant revision pertaining to enforcement in each subdivision.
The first two subdivisions to be noticed are tract 331 and tract 334, said a news release from the Pueblo West Metropolitan District.
Others will follow on a monthly basis according to when the original recording for the tract took place.
The Pueblo West Metropolitan District is now the Declarant under the Declaration of Reservations for each tract in Pueblo West.
The Declaration of Reservations for each tract sets forth the covenants and conditions concerning the standards of construction, aesthetics and maintenance of properties in each tract.
“The District, through the Committee of Architecture, has been enforcing the covenants not only by reviewing proposed plans for improvements and structures on each lot but also has worked hard to enforce standards on properties that have already been improved so that Pueblo West remains a more desirable place to live and work and to also maintain property values,” Cozzetto said.
“This is a big job and the Committee of Architecture and its staff works very hard to enforce covenants and to work with property owners to correct any violations.
“Occasionally the Committee of Architecture and the District are required to begin legal action to correct violations on properties where the property owners refuse to clean up their properties and correct the violations,” she added.
The covenants for each tract include a provision giving to the Declarant (now the District) the authority to enforce the covenants by legal action.
This authority, however, terminates for each individual tract when improvements have been erected on 90 percent of the lots within each tract.
When that point of improvement is reached the District and the Committee of Architecture have no further authority to go to court to require property owners to clean up their property and correct violations of the covenants.
The Committee of Architecture and the Board of Directors of the District have made a decision that it would be best if the covenants could be modified to remove that limitation on the authority of the Declarant and the Committee of Architecture so that the Committee and the Declarant could continue to go to court to require property owners to clean up their property and correct any violations of the covenants even if the tract has more than 90 percent of the lots with buildings on the lot.
Some tracts have already reached the point where the Committee of Architecture and the Declarant do not have the authority to enforce the covenants by going to court.
This has lead to certain areas of the District having many lots with covenant violations existing and no corrections taking place, Cozzetto said.
When a property owner receives the information in their mail, take the time to read through it and understand it.
The Board is proposing these modifications in order to maintain and enhance the aesthetic properties of all tracts within the District which helps increase property values of each lot in each tract in Pueblo West.
For information, call 547-5019.