Rules and Regulations for Community Maintenance
The MCA is charged with the enforcement of community upkeep and maintenance. This is accomplished through the Rules and Regulations for Community Maintenance. The MCA is also the enforcement agent for the Park Creek Metropolitan District Parking Regulations. The MCA operates a complaint-based enforcement program.
Compliance Committee
Chair - Sarah Stabio
Members: Andrew Bartlett Justin Ross, Heather Vasquez, Brooke Lee, Joseph Landen, Tom Reynolds
Staff Support: Jack Seward
Property Owners and Sub-Association Responsibilities
The First Amended and Restated Community Declaration (CC&R) is the MCAs governing document. It is a restrictive covenant recorded against all real property in Central Park. The following are the provisions concerning community maintenance:
Section 7.5: Units to be Maintained. Owners of a Unit are responsible for the maintenance, repair, and replacement of the properties located within their Unit boundaries except as such maintenance, repair, and replacement are expressly the obligation of the applicable Sub-association for that unit. Each Unit, shall, at all times, be kept in a clean, sightly, and wholesome condition.
Section 7.6: Landscaping Requirements of Owners/Restrictions and Maintenance Covenants. All portions of a Unit not improved with a residence, building, driveway, walkways, patios, or decks (referred to as the unimproved area or landscaped areas of a Unit) shall be landscaped by the Owner thereof or a builder other than the Declarant. Any portions of the Unit that are not landscaped by the Builder, must be fully landscaped by the Unit Owner, no later than one (1) year after the first occupancy of any portion of the Unit. The landscaping of each Unit, having once been installed, shall be maintained by the Owner, or the applicable owner association (in the case of multifamily parcels), in a neat, attractive, sightly, and well-kept condition, which shall include lawns mowed, hedges, shrubs, and trees pruned and trimmed, adequate watering, replacement of dead, diseased or unsightly materials, and removal of weeds and debris.
Section 7.9: Use of Common Elements: There shall be no obstruction of the Common Elements, nor shall anything be kept or stored on any part of the Common Elements without the prior written approval of the Community Association. Nothing shall be altered on, constructed in, or removed from the Common Elements without the prior written approval of the Community Association.
Rules and Regulations for Community Maintenance
To clarify the Community Declaration, the MCA has adopted the Rules and Regulations for Community Maintenance, which are binding on all owners. The MCA enforces the Community Declaration and Rules and Regulation in accordance with its policy and applicable state law. By law the MCA may take action to enforce the Community Declaration and Rules and Regulations though the assessment of fines and legal action under state law. The MCA attempts to resolve all violations though voluntary compliance and utilizes fines as a last resort and only to compel and coerce resolution of the violation.
The Rules and Regulations for Community Maintenance are as follows:
1. Landscaping Requirement – It shall be the responsibility of the occupant and/or owner to maintain every front and side yard on real property with plants, shrubs, turf, or other landscaping in healthy and living condition at all times. Barren soil, patches of dirt, or weeds shall be prohibited. All turf and plants shall be properly irrigated at all times. Shrubs and plants shall not overhang the sidewalk or alley.
2. Trees – It shall be the responsibility of the occupant and/or owner to cut, prune and remove all tree branches lower than eight (8) feet over sidewalks, thirteen and one half (13.5) feet over a street or alley, and remove any diseased, dead, dying or structurally unsound trees.
3. Weeds/Grass – It shall be the responsibility of the occupant and/or owner of any real property to cut and remove any tall grass over eight (8) inches. No weeds/grass shall overhang an alley or sidewalk to the point where use of such alley or sidewalk is obstructed by the weeds/grass.
4. Fences – All fences shall be maintained in good structural condition at all times.
5. Trash – It shall be prohibited for the occupants and/or owners to allow for the accumulation or storage of any trash that is not stored in a city-approved container; is offensive to sight or is otherwise unsanitary. Structures designed to serve as enclosures for dumpsters and trash containers must be clean and well maintained with doors closed except during the necessary and expeditious loading and unloading of materials.
6. Exterior Maintenance – All structures shall be maintained in a state of good repair and painted.
7. Hardscapes – It shall be the responsibility of the occupant and/or owner to maintain all hardscapes at all times in good repair. This includes concrete sidewalks and drive lanes and asphalt parking lots. Hardscapes must be free from potholes, divots and other structural defects.
8. Alleys – It shall be the responsibility of the occupant and/or owner to clean of and maintain the area from the rear property line of the lot to the centerline of the alley. Cleaning and maintaining is limited to trash and rubbish and does not include landscaping. It shall be prohibited for anything to be kept or stored in the alley without written authorization from the Association and nothing shall be altered on, constructed in, or removed from the alley. The alley shall include the landscaped land within three (3) feet of the concrete surface.
9. Right-of-Way Maintenance – Occupants and/or owners of real property abutting a public right-of-way shall provide for landscaping and maintenance of such right-of-way. The right-of-way shall consist of the area between the property line of the lot and the curb line or edge of the roadway and between the property line of the lot and centerline of the alley.
Parking Regulations
The MCA operates and maintains the developed land owned by the Park Creek Metropolitan District (PCMD), a quasi-municipal corporation and political subdivision of the state. The PCMD owns certain roads, streets and all alleys throughout Central Park. As a unit of local government, the PCMD has authority under state law to regulate use of its property including the regulation of parking on its roads and alleys. In furtherance of this goal, the PCMD has adopted Parking Regulations. All roads and alleys in Central Park are public and are subject to regulation by the appropriate authority. Most parking regulations are not posted, owners of motor vehicles are expected to know the applicable regulations for the road their vehicle is parked on.
PCMD Parking Regulations Hyperlink Regulations resolution here.
The MCA is delegated enforcement authority for the PCMD Parking Regulations. Enforcement of the PCMD Parking Regulations is not covenant enforcement and is administrative in nature. The MCA may fine and tow vehicles that are found to be violating the PCMD Parking Regulations. The regulations are as follows:
Section 2: Vehicles Abandoned on District Property. It shall be a violation of the Regulations for any owner or operator of an Abandoned Vehicle to leave that Vehicle parked, left or abandoned in the same place on District Property continuously for a period in excess of seventy-two (72) hours, unless otherwise limited or restricted (i) in Section 3 or (ii) in Section 1.(a)(iv) and (v), which shall be deemed to be in violation of the Regulations regardless of the time left unattended or abandoned. An Abandoned Vehicle shall be considered in violation of this Section if it has not been moved at least seven hundred (700) feet during the seventy-two (72) hour period of time or any lessor period of time as specified in Section 1.(a)(iv) and (v) and in Sections 3 and 4.
Section 3: Large Vehicles Abandoned on District Property.
a) It shall be a violation of the Regulations for an Abandoned Vehicle exceeding six thousand (6,000) pounds empty weight or twenty-two (22) feet in length, a trailer not attached to a licensed vehicle, or a truck-tractor or semitrailer is parked, left or abandoned on District Property for a period of time longer than two (2) hours during any seven (7) day period, except where such Vehicle is actively engaged in rendering services in the immediate area, unless otherwise limited or restricted as specified in Section 1.(a)(iv) and (v) and in Sections 3 and 4. For purposes of this Section, a Vehicle shall be considered in violation of the Regulations if it has not been moved to a location that is at least seven hundred (700) feet away during the seven (7) day period. The two (2) hour time limit includes the cumulative time spent on any District Property.
b) It shall be a violation of the Regulations for a licensed Vehicle containing an attached recreational Vehicle with a combined overall length exceeding twenty-two (22) feet, a recreational Vehicle exceeding twenty-two (22) feet in length, or a trailer attached to a licensed Vehicle to be parked, left or abandoned on District Property for a period of time longer than twenty-four (24) hours during any seven (7) day period, except where such Vehicle is actively engaged in rendering services in the immediate area, unless otherwise limited or restricted as specified in Section1.(a)(iv) and (v) and in Sections 3 and 4. For purposes of this Section, a Vehicle shall be considered in violation of the Regulations if it has not been moved to a location that is at least seven hundred (700) feet away during the seven (7) day period. The twenty-four (24) hour time limit includes the cumulative time spent on any District Property.
c) For purposes of this Section, “rendering services” does not include idling or waiting for a business to open.
Section 4. Vehicles Parked in Prohibited Spaces. It shall be an immediate violation of this Regulation to stop and park a Vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a law enforcement officer or an official traffic control device, in any of the following places:
a) On a sidewalk;
b) Within an intersection;
c) In a crosswalk;
d) Within an alley, except during the necessary and expeditious loading and unloading of merchandise or freight, and at no time in such position as to block the driveway entrance to any abutting property or interfere with the free movement of traffic through an alley;
e) Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless posted signage indicates a different length;
f) Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic;
g) On the roadway side of any Vehicle stopped or parked at the edge or curb of a street;
h) Upon any bridge or other elevated structure upon a highway or within a highway tunnel;
i) On any railroad tracks, in a railroad crossing, or within fifty (50) feet of the nearest rail of a railroad crossing;
j) On any controlled-access road;
k) In the area between roadways of a divided road, including without limitation medians and crossovers;
l) Within five (5) feet of a public or private driveway;
m) Within fifteen (15) feet of a fire hydrant;
n) Within twenty (20) feet of a crosswalk at an intersection;
o) Within thirty (30) feet upon the approach to any flashing beacon or signal, stop sign, yield sign, or traffic control signal located at the side of a roadway;
p) Within twenty feet of the driveway entrance to any fire station or, on the side of a street opposite the entrance to any fire station, within seventy-five (75) feet of such entrance when properly posted; and
q) At any place on District Property where there are signs giving notice of parking limitations, restrictions or prohibitions.
The MCA attempts to resolve all parking violations though voluntary compliance, fines and towing are utilized as a last resort. If your vehicle is impounded contact the MCAs towing carrier, Extreme Towing and Recovery by phone at (303) 344-1400. The vehicle owner will be responsible for the cost of towing and impoundment associated with the violation as well as any fines assessed by the PCMD. If you received a parking violation penalty assessment, you must remit payment within 20 calendar days of the date on the penalty assessment. Payment must be remitted by check or money order, mailed to the Compliance Coordinator at 8351 Northfield Blvd. Denver, CO 80238. We do not accept cash or credit cards for payment of fines.
Under state law you have the right to dispute a parking violation, a hearing officer will determine the legal basis for the penalty assessment or impounding of the vehicle. A dispute must be made in writing within 10 days of the date on the notice and be addressed as follows: Compliance Coordinator, 8351 Northfield Blvd. Denver, CO 80238.