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 – FALL 2024

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 discussion at the 2023 Annual Member Meeting 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”. Topics that concern neighborhoods across the 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.

We have been working this year with our HOA attorney to amend the existing covenants to modernize and update outdated restrictions to ensure our neighborhood’s status is protected.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.

Proposed amendments will also update restrictions that are outdated, for example roofing, driveway, and building materials and also address issues such as short-term rentals, accessory dwelling units and marijuana growth. 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 are completing our review and plan to present the recommended updated covenants to the Roxbury Park owners for their review and approval. We plan to hold informational meetings with owners to discuss the updates and answer questions. In the following months we will modify the remaining six (6) subdivisions 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. Amendment information will be posted on our website's amendment page at www.BroadmoorHillsHOA.com.

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

REVIEW AMENDMENTS

We have been working this year 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 of 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.

Proposed amendments will also update restrictions that are outdated, for example roofing, driveway, and building materials and address issues such as short-term rentals which we are experiencing in our neighborhood, accessory dwelling units and marijuana growth.

Laws can change, so the intent is to keep much of the language that preserves the single-family dwelling stipulation.

Please review the proposed amended and restated declaration (clean version) for Roxbury Park below. The original 1978 document is available for comparison.

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

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.

Please review the proposed amended and restated declaration (clean version) for Roxbury Park. The original 1978 document is available for comparison.

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.

We will finalize the amended and restated declaration after we hold our owner’s meeting and plan to present it to you in January 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 neighborhoods 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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