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Heritage Hills Homeowner's Association
Revised Statement for Newsletter re basketball hoop policy
On February 4, 2005, the Douglas County Court determined that the Heritage Hills Homeowner's Association has the power and authority to enforce its policy of prohibiting basketball hoops in the development's streets and adjacent easements. The court's ruling is the result of a homeowner's court challenge to the policy, filed last fall. The court determined that the covenants governing the Heritage Hills Development granted the Heritage Hills Homeowner's Association the power to regulate the uses on the development's streets and easements. The court also found that the Association has the. power to enforce the policy as a means of regulating potentially unsafe activities, such as playing basketball in the street, and regulating the development's aesthetics. The court rejected the homeowner's claim that the Association violated its duties to homeowners when it denied his request to place a basketball hoop in the cul-de-sac in front of his home. At the Association's request, the court issued a permanent injunction against the homeowner from violating the basketball hoop policy in the future. The lawsuit filed by the homeowner caused the Association to incur $9,443.80 in legal fees and costs to defend the action.
As it has done in the past, the Association will continue to issue written notices of violations to individual homeowners that are not in compliance with the basketball hoop policy. If the homeowner fails to remove the basketball hoop from the street or adjacent easement within five days of such notice, the Association will remove the basketball hoop. In this event, the homeowner may contact Dana Verdoom at 303-472-5979 to make arrangements to pick up the removed hoop. Any future violations of the policy by the same homeowner will result in an immediate removal of the hoop by the Association without further advance notice.