The Heights at Jackson Creek

Monument, Colorado

Welcome to The Heights at Jackson Creek

The Heights at Jackson Creek is a covenant controlled subdivision in Monument Colorado. Located in Northern El Paso county, Monument is a growing town with a small town feel.

12/18/2009: We have gotten busy with the holidays and have put development of this website on hold until after Christmas. We have some additional pages planned and a plan to rework a few of the existing pages for readability. Check back for the final version sometime after Christmas. The Contact page is working so feel free to contact us with feedback and/or questions. The forum should be up after Christmas sometime. Once everything is working, we will more broadly publicize the site so the entire neighborhood has a chance to see it and gets the facts about the neighborhood governing documents and the other recorded documents.

Mission Statement

This website is intended to:

  1. Provide a central distribution point for factual information about our community and its governing documents;
  2. Open communication about issues that are currently affecting our community; and
  3. Create a gathering place for discussion about the neighborhood through a forum. The forum will be a place to help bring this community together and where people can discuss problems, arrive at solutions, organize neighborhood events, and even provide for teenagers to advertize babysitting or lawn services, etc.

History

The Heights at Jackson Creek is a covenant controlled subdivision with 313 homes. Classic Homes established covenants and a Design Review Committee to help protect future home values. Electing a Design Review Committee or changing the documents requires following certain procedures and a vote of the entire community.

In 2001, Classic Homes appointed a design review committee (DRC) to approve landscaping plans and enforce the covenants. The DRC became inactive shortly thereafter at least in part because there was no funding mechanism. In 2003 there was an effort to amend the covenants and create an HOA, which was voted down by homeowners.

For more information on the documents that are currently in force, please review the Governing Documents.

Current Neighborhood Issues

After many years of inactivity an effort was initiated this past summer (2009) to create a homeowners association (HOA) by Robert Cottrell. Some of his communications indicated the HOA would be voluntary and non-binding while others indicated it would be mandatory and binding on all homeowners. There is no problem with a homeowner attempting to organize people to create a voluntary association, modify the covenants or elect a Design Review Committee. However, we have a problem when a person, with no authority whatsoever, decides to take actions that affect all of us. That is exactly what both Robert Cottrell and "William Smith" decided to do.

The Robert Cottrell Recordings: Unknown to most people in our neighborhood, on September 24, 2009, Mr. Cottrell recorded a letter with El Paso County stating that an HOA was in existence in our neighborhood and that a transfer fee of $150 was to be paid to the HOA by all new homeowners. When we found out about the letter in late October, we questioned the legality of what he had done. On November 2, 2009, Mr. Cottrell recorded another document with the County stating the transfer fees would not be collected. He has no authority to take any action on behalf of this neighborhood in his name or in the name of any HOA.

The "William Smith" Recording: Shortly before Mr. Cottrell's second recording, another unauthorized action was taken by some unknown person using the name of "William Smith". "William Smith" recorded a document with El Paso County on October 28, 2009 stating that the homeowners had voted to terminate the covenants in the Heights. Since we have not had any such vote, this document is obviously false.

Both of these people have created legal uncertainty which will potentially impact how title insurance companies issue title insurance, may give any potential buyer a legal reason to terminate his contract, and may scare away potential buyers who do not want to buy a house in a neighborhood where there may (or may not) be an HOA. We believe that these filings have the potential to cause significant problems for any of us when we sell our houses in the future.

Plan for Action

We believe it is important for all if us in the community to work together to protect our investment from anyone who infringes on our property rights. We are primarily concerned with fixing the problems created by Robert Cottrell and "William Smith", informing the community about the actual governing documents, facilitating discussions and possibly finding a way to return sanity to our neighborhood.

As we see it, there are two issues needing community action as soon as possible. There are two other issues that need to be discussed over the coming months so a consensus can be built on what to do:

  1. We need to legally nullify the Cottrell documents. We have done a significant amount of legal research in this area and plan to take action in January. We are looking for other neighbors to get involved with us.
  2. We need to identify Mr. Smith and legally nullify the "Smith" document. We also plan to take action in January. We are looking for other neighbors to get involved with us.
  3. The community needs to decide if it wants to elect a Design Review Committee (DRC) to enforce our covenants in accordance with the current legally binding documents created by Classic Homes. We hope that the forum can help people discuss what needs to be done so that more people can be educated about the current documents and consider alternatives before there is a general meeting of the homeowners.
  4. If the community decides there is a problem with the covenants themselves, they should discuss if an amendment to the covenants is needed and find out what options are legally available. We also hope that the forum will help people discuss this as well.