Rules and Regulations for Community Maintenance

Rules and Regulations

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 (PCMD) Parking Regulations. The MCA operates a complaint-based enforcement program. If you think there has been a violation of the MCA rules and regulations, you should make a complaint so staff may investigate.

The MCA’s authority to adopt rules and regulations is derived from the Community Declaration, which sets forth a series of covenants that are bound to the title of each property and run with the land from owner to owner. Under Colorado law, a covenant is deemed to be consented to when an owner accepts title to a property subject to the covenant. The MCA is empowered to enforce the Community Declaration by bringing an action in the county court for injunctive relief.

The MCA rules and regulations are contained in four parts and are as follows:

• Community Declaration

• Rules and Regulations for Community Maintenance

• PCMD Parking Regulations

• Rules and Regulations for Parks and Open Space

We encourage you to read the above documents above and become familiar with them. All residents and owners are expected to know, understand, and comply with all provisions of the rules and regulations.

The MCA enforces the various rules and regulations according to its Policy Adopting Procedures for Covenant and Rule Enforcement. Enforcement proceedings are administrative in nature, and the MCA seeks voluntary compliance through negotiation prior to the initiation of any enforcement action.

The Colorado Common Interest Ownership Act (CRS 38-33.3-101) is the state law that regulates property owners’ associations like the MCA and sets forth the process and authority that the MCA is required to adhere to in enforcement actions. The statute allows the MCA to assess fines in an amount of up to $500 for each violation, and violations are cumulative in nature. The MCA rarely assesses fines, but if it does, failing to pay a fine creates a debt that the MCA may commence a debt collection proceeding to recover the unpaid fines.

Any person the MCA alleges to have violated the rules and regulations may dispute the MCA’s allegations by filing a written dispute requesting a hearing. Hearings are conducted in accordance with the MCA’s Policy Regarding Procedures for Conducting Hearings. At a hearing, the MCA must prove its allegations by a preponderance of the evidence. A three-person hearing panel made up of members of the Compliance Committee, adjudicate all disputes. The outcome of a hearing may be appealed to the MCA Board of Directors.

Compliance Committee

Chair -
Members: , Justin Ross, Susanna Kantor, Matt Quinn, Matt Blackburn, Tom Reynolds
Ex-Officio Members: Keven Burnett MCA Executive Director

Staff Support:  Jack Seward
Professional: David Firmin