Rules and Regulations or "CCRs"
The new board has quickly realized that this is one of the biggest concerns of residents. Sadly the way the district is currently set up, we cannot enforce many of our current covenants. Below is information on the process of adopting new covenants and where the board currently stands. If you are looking for a copy of our current covenants scroll to the very bottom of this page. Please reach out to the board if you have any question/comments- We NEED community input.
What is happening with CCRs?
The Durango West 1 Metro District knows that Covenants, Conditions & Restrictions (CCRs) have been an important—and long-standing—issue for our community. Our goal is to work with homeowners to create clear, concise, practical rules that protect the character of Durango West 1 while addressing the needs of today’s neighborhood. The process has taken longer than we originally hoped. When the current Board took office, there was a significant list of pending District business. Since then, much of our attention has necessarily been focused on infrastructure, water and sewer systems, roads, budgets, consultants, equipment, and developing a long-term financial plan. That work remains a priority, but CCRs are not being ignored. We are now working to explain the legal process, gather homeowner input, and determine how best to move forward.
Why Is This More Complicated Than Simply Changing the CCRs?
Durango West 1 was originally established with two separate entities: 1. A Property Owners Association (POA) to administer the CCRs 2. A Metropolitan District to provide services such as water, sewer, and roads The original subdivision was platted and the CCRs were recorded in 1977. The Metropolitan District was established approximately one year later. The District's current Service Plan does not authorize the Metro District Board to administer and enforce CCRs. Therefore, changing how the CCRs are administered requires several legal and community steps.
Legally, how does this process work?
The Process: From Existing CCRs to New Community Rules & Regulations Changing the current CCR structure involves four key steps. Each step is necessary to ensure the new rules have both homeowner support and the legal authority needed for the District to administer them. 1. Modify the Metro District’s Service Plan -The Metro District operates under a government-approved Service Plan that defines the District's powers and responsibilities. The current Service Plan does not authorize the District Board to administer or enforce CCRs. -The District is working with its attorney to modify and expand the Service Plan. Some of this legal work has already been completed. This work is also important so the District can provide clear, consistent information to prospective buyers, homeowners, and realtors. -The proposed Service Plan modification will ultimately be submitted to the La Plata County Commissioners for formal review and a public hearing. 2. Obtain Votes from 67% of Property Owners Homeowners must approve replacing the existing CCRs with a new, simplified set of community rules that would be administered by the Metro District. The proposed changes would: -Replace the existing CCRs with fewer, clearer rules. -Give the Metro District authority to administer and enforce those rules. -Eliminate the POA as a separate legal entity. -Transition the POA's CCR-related responsibilities to the Metro District. At least 67% of all property owners—175 of the 255 properties—must return a ballet for the proposed change to proceed. 3. County Review and Judicial Approval Once the required homeowner support has been obtained, the Service Plan modification proceeds through the County review process. The La Plata County Commissioners will provide the required public notice and hold a public hearing. Homeowners will have an opportunity to submit written comments and/or speak at the hearing. If the Commissioners approve the expansion of the District's authority, the Modified Service Plan must then be submitted to a judge for the required legal declaration. The Modified Service Plan does not become effective until it receives judicial approval. 4. Adopt and Administer the New CCR's Once the District has the necessary legal authority, it can move forward with adopting and administering the new community rules & regulations.
What Happens to the Existing HOA?
The current structure was designed around a separate Property Owners Association and Metropolitan District. The proposed approach would dissolve the POA as a separate entity and transition its CCR-related responsibilities to the Metro District, provided that the required homeowner, County, and judicial approvals are obtained. This would create one entity responsible for administering the community's rules rather than maintaining a separate POA structure.
What COULD the new CCR's cover?
The Board has identified six broad areas that may need to be addressed. These are starting points—not final rules. We want homeowners to help determine what is appropriate for Durango West 1. 1. Architectural Standards What may be built or modified, and what standards should apply? 2. Property Use -Potential rules concerning: -Single-family residential use -Home businesses -Short-term rentals -Additional dwelling units 3. Structures, Additions & Encroachments Rules concerning items such as: -Garages and sheds -Fences -Parking areas -Additions -Property encroachments The District has a number of existing encroachments that need to be addressed. Maintaining access to utility easements and other areas intended to remain available for District & public use is particularly important for maintenance, repairs, snow removal, and infrastructure. The District's requirement for an Improvement Location Certificate (ILC) when property changes ownership is one way we are helping prospective buyers understand property boundaries and existing improvements. 4. Landscaping & Fire Mitigation Potential rules addressing: -Fire safety and defensible space -Drought considerations -Tree removal or cutting -Weed control -Landscaping practices These are issues that were not fully addressed in the original 1977 CCRs. 5. Nuisances Potential standards for situations involving: -Excessive noise -Unsafe conditions -Health or safety concerns -Abandoned or deteriorated properties -Junk or debris -Fire hazards -Other conditions that negatively affect neighboring properties 6. Enforcement The new CCRs will need a clear and practical process for addressing violations. We want to explore approaches that emphasize communication, cooperation, correction, and compliance rather than relying primarily on fines or litigation. The rules may also consider ways the District can help homeowners resolve problems, including options such as payment plans when appropriate and legally permitted.
Keys to Replacing CCR's?
1. Only homeowners can initiate changes to CCRs, not the Metro Board. 2. Updates require a strong majority to ensure future boards are not placed in the difficult position of enforcing rules that lack broad community support. It may also become challenging to attract and retain qualified board members if they are routinely faced with contentious or unpopular issues. Water, sewer, and roads may not be exciting topics, but they are essential community matters and are generally not controversial. Maintaining a balance between effective governance, community support, and the willingness of residents to serve is important. 3. If the 67% voting threshold isn’t met, alternative options exist but are more complicated.
What Can I Do if the Metro Board Does Not Resolve a Covenant Violation to My Satisfaction?
Even after the transition, we want individual homeowners to retain the right to enforce CCRs through legal action. All Homeowners have the legal right to enforce CCRs. They may do this individually or with a group, similar to a class-action. CCRs do not need to be enforced by a legal entity. They can be enforced by any homeowner, either with or without attorney representation. Although we are not advising anyone to undertake any court procedure without advice or knowledge, small claims and county court exists for a reason.
Board's End Goal?
The Board’s goal is to create clear, practical, and widely supported Rules & Regulations that protect property values and quality of life while preserving the unique character of DW1. We want this process to be inclusive, transparent, and respectful. Most importantly, these rules should reflect what our homeowners believe is reasonable and appropriate for our community. We are not looking to create rules simply for the sake of having more rules. We want to find the right balance—rules that provide clarity, address legitimate concerns, encourage cooperation, and help neighbors live peacefully together.
Next Steps?
1. Gather Homeowner Input We will send out a series of surveys covering six main categories identified above. The surveys will focus on the actual rules residents would like to see—not just general opinions. 2. Share the Results Survey results will be shared with homeowners so everyone can see what the community is saying and where there is agreement or disagreement. All surveys and results will be anonymous. 3. Review & Refine Once proposed rules are developed, homeowners will have an opportunity to review them, ask questions, and provide additional feedback. We will use that feedback to refine the final document. 4. Homeowners Vote- This is ultimately a homeowner decision. 5. County Commissioners & Court Review- The Metro District's lawyers tie up the legal pieces. Your Voice Matters There will be several opportunities to participate along the way. Please take the surveys, review the information, ask questions, share your thoughts, and vote when the time comes. We are not doing this to you—we are doing this with you. Thank you for reading!