AMENDING CovenanTS

Declaration of Conditions, Covenants, Restrictions, Easements, and Charges

Broadmoor Hills is a covenant protected neighborhood consisting of 7 filing areas.

All property owners are responsible for following the provisions of their Covenants.

Covenants run with the land and shall be binding on each lot and upon each person or entity acquiring ownership or any right, title and interest in any lot in the subdivisions.

UPDATING THE COVENANTS FOR OUR COMMUNITY – 2024-2025

The Broadmoor Hills neighborhood is protected by covenants that were created by the Gates Land Company for the benefit of our owners over 40 years ago. The covenants run with the land and property in perpetuity which you received when you purchased your home.

As we’ve reported previously, the HOA continues to review the covenants for our neighborhood’s 7 subdivisions to ensure that they continue to protect property owners and the value and desirability of our community. As a result of a HOA member survey and discussions at the 2023 and 2024 Annual Member Meetings we have pursued legal advice to update the 40-year-old covenants to reflect current federal, state and city laws and address issues that are not supportive of “a single-family dwelling and home used exclusively for private residential purposes”. Issues that concern our neighborhood are changes to single-family zoning, short-term rentals, addition of accessory dwelling units to increase dwelling density, wildfires and evacuation protocols including new building proposals and their impact, safety, excessive noise, and nuisances. We monitor these issues and engage with the city when they concern our neighborhood.

We have been working for several years with our HOA attorney to amend the existing covenants to modernize and update outdated restrictions to ensure our neighborhood’s status is protected. The goal with updating is to provide owners and the HOA with an updated, concise, and usable document in compliance with federal, city and state laws to help ensure a long-lasting vibrant neighborhood for our families.

The amendments update restrictions that are outdated, for example roofing, driveway, and building materials and also address issues such as short-term rentals which are operating in our neighborhood and accessory dwelling units. Laws can change, so the intent is to keep much of the language that preserves the single-family dwelling stipulation.

Since our neighborhood consists of seven (7) subdivisions, we elected to begin with the Roxbury Park Subdivision, one of the earlier subdivisions built. We have completed our review, sent out information and held an informational meeting with owners to discuss the updates and answer questions. We are in the process of distributing the amended Declaration to owners for their approval in September. In the near future we will continue to modify the remaining six (6) subdivisions using the Roxbury Park Declaration as a guide and present them to the owners for review and approval.

This is a lengthy project, and we will keep you updated on the progress of amending.

Owner approval is required for amending the covenants.

SEE INFORMATION BELOW FOR THE ROXBURY PARK SUBDIVISION.

ROXBURY PARK SUBDIVISION

Declaration of Conditions, Covenants, Restrictions, Easements and Charges

Covenants run with the land and shall be binding on each lot and upon each person or entity acquiring ownership or any right, title and interest in any lot in the subdivisions.

ROXBURY PARK SUBDIVISION - FILED 2/1978

ADDRESSES

ROXBURY CIRCLE

315, 320, 325, 330, 335, 345, 355, 360, 365, 375, 385, 395, 405, 410, 415, 425, 430, 435, 445, 450, 455, 465, 475

ROXBURY COURT

3805, 3810, 3815, 3820, 3825, 3830, 3840, 3855

AMENDING THE DECLARATION

August 2025

INFORMATION LETTER MAILED TO ROXBURY PARK OWNERS:

Dear Roxbury Park Subdivision Owners (all property owners),

The Broadmoor Hills Homeowners Association (HOA) has completed an updated Amended and Restated Declaration of Conditions, Covenants, Restrictions, Easements, and Charges for the Roxbury Park Subdivision. The original 1978 covenants, created by the Gates Land Company for the benefit of our owners which run with your land and property in perpetuity, are outdated and do not address modern legal requirements or current neighborhood concerns.

The HOA has been working for several years with our HOA attorney to amend the covenants to ensure our neighborhood’s status is protected as a result of a HOA member survey and discussions at the 2023 and 2024 Annual Member Meetings. As laws have changed over the past 47 years the 1978 covenants do not address issues that are not supportive of “a single-family dwelling and home used exclusively for private residential purposes” to help protect your property.

Purpose of the Update and Why This Matters:

Modernize language to comply with federal, state, and city laws.
Address current issues including short-term rentals operating in the neighborhood (Airbnb, VRBO, etc.), accessory dwelling units, wildfire risk/mitigation, and building material standards.
Protect the neighborhood’s single-family residential character and property values.

Key Changes:

Removes outdated provisions on roofing, driveways, and building materials.
Adds rules on density control, short-term rentals, and safety measures.
Clarifies the HOA’s role.

What Stays the Same:

Many original 1978 conditions and restrictions remain in place.
All property owners must follow covenants, even if not HOA members.
HOA membership stays voluntary.

Approval Requirements:

Must be signed by at least three-fourths (3/4) of subdivision property owners and filed with the El Paso County Clerk and Recorder within a set timeframe.
If not approved, the 1978 covenants remain in force, leaving current issues unaddressed.

Next Steps:

The updated Declaration document will be mailed to your home within the next week with approval details. Contact the HOA for questions or if you do not receive your packet by September 10th: hoabroadmoorhills@gmail.com.

Conclusion:
The HOA is urging all Roxbury Park property owners to sign and approve the updated Declaration to better protect property values, maintain our neighborhood character, and address modern challenges.

Sincerely,
Broadmoor Hills Homeowners Association Board of Directors, 2024–2025
Michelle McLean, President, Mike Viland, Vice President/ACC, Alison Cutter, Treasurer, Ann Briggs, Secretary, Talisman Ford, Director/ACC, Marion Meyer, Director/ACC and Jack Wiepking, Director

Broadmoor Hills HOA was established in 2017 as a Colorado nonprofit corporation to provide a structure and voice for homeowners to participate in neighborhood governance and further the interests of the residents of our community, membership is voluntary. The HOA goals are to increase communications with homeowners, continue working with city government and agencies to repair/maintain our infrastructure and safeguard our neighborhood, and enhance and preserve the value and desirability of our Broadmoor Hills neighborhood.

AMENDING OUR COVENANTS

COMMUNICATIONS

We plan to correspond by email and phone to allow us to provide you with timely updates. Please contact us with any questions at hoabroadmoorhills@gmail.com.

Please email your contact information (name, address, email and phone) which will be kept confidential and only used for this project to hoabroadmoorhills@gmail.com.

We communicate via email using MailChimp (check your spam for messages).

INFORMATIONAL MEETING FOR ROXBURY PARK - THANK YOU FOR ATTENDING

PLEASE JOIN US FOR AN INFORMATIONAL COVENANT AMENDMENT MEETING FOR THE ROXBURY PARK SUBDIVISION.

Tuesday, November 12th, 2024

6:30-7:30 p.m.

Roxbury Park owners contact us for meeting location at hoabroadmoorhills@gmail.com.

The Broadmoor Hills HOA will present issues impacting our neighborhood, proposed updates to our covenants and answer questions.

Please RSVP by November 10th to hoabroadmoorhills@gmail.com.

ROXBURY PARK

We believe the amended covenants will adequately update the 1978 covenants to address some of the new realities we are facing in the political landscape that seeks greater urban density and monetization at the expense of neighborhood cohesion. Laws can change, so the intent is to keep much of the language that preserves the single-family dwelling stipulation.

We are completing our legal review and plan to present the recommended updated covenants to the Roxbury Park owners for their review and approval. We will be holding an informational meeting with the Roxbury Park owners to discuss the updates and answer questions in November 2024. (Meeting held on November 12, 2024.)

We will finalize the amended and restated declaration after we hold our owner’s meeting and plan to present it to you in 2025 for your consent, approval, and then file with El Paso County.

After we complete the Roxbury Park Subdivision, we will begin modifying the remaining six (6) subdivisions using this amendment document as the template and present it to the owners for their review and approval.

We will need the support of all owners as we modernize the covenants. We hope you will attend the informational meeting to discuss our neighborhood.

ISSUES

There continues to be significant activity to challenge the rights of homeowners, we seem to live in turbulent times. You may have read September's Gazette article “Law lifts limits on dwelling occupancy” which voids many local zoning definitions.

Other topics that concern our neighborhood and others across our city are changes to single-family zoning, short-term rentals, addition of accessory dwelling units to increase dwelling density, wildfires and evacuation protocols including new building proposals and their impact, safety, excessive noise, and nuisances. We monitor these issues and engage with the city when they concern our neighborhood.

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