HOA Guidelines​

hoa authority

The Authority of HOA Governing Documents

In planned communities like Cumbre Vista, homeowners are part of a Homeowners’ Association (HOA) that maintains shared areas and enforces community standards. These obligations are defined by a specific hierarchy of governing documents.

What If I Didn’t Receive the Documents at Closing?
Even if you were not given physical copies of the HOA governing documents during your home purchase, you are still legally bound by them.

Why? Because:
1. The HOA Declaration of CC&R, Bylaws and subdivision plat maps are recorded with the El Paso County Clerk & Recorder, meaning they are public records.

2. Colorado law follows the principle of constructive notice:
You are deemed to know the contents of any recorded documents that affect your property, even if you haven’t read them.

3. This is supported by C.R.S. § 38-33.3-204(2) (CCIOA), which says:
“The declaration and bylaws shall be recorded in every county in which any portion of the common interest community is located and are binding on all unit owners and their successors in interest.”

By purchasing a home in a covenant-controlled community, you are agreeing to abide by a set of governing documents—even if they were not physically handed to you at closing. These documents are public, recorded, and legally binding, and your HOA is obligated to enforce them fairly and consistently for the benefit of the entire community. They “run with the land” and are binding on all owners.

Order of Precedence for HOA Governance
1. Federal Law
2. State Law
3. Local and/or City code
4. Recorded Subdivision Plat Maps
5. HOA Recorded Declaration of Covenants, Conditions & Restrictions (CC&Rs)
6. HOA Articles of Incorporation
7. HOA Bylaws
8. HOA Rules, Regulations, Policies and Design Guidelines

Reference Link: City Code

HOA Governing Documents are in the HOA portal under “Documents” menu item.

general noise

General Noise Nuisances

City Noise Code §9.8.101 prohibits noise that is:
1. It is unlawful to make, create, or permit an excessive or unusually loud noise, or a noise which endangers public safety, or a noise which is harmful to any person, which can be heard without the use of an electronic measurement device or heard and measured in the manner prescribed in section 9.8.103 of this part; except when made under and in compliance with a permit issued pursuant to section 9.8.109 of this part.

2. It is unlawful for any person to operate or allow to be operated any vehicle, machine, motor, or device or carry on any other activity in a manner as would be a violation of section 9.8.104 of this part and section 9.8.201 of this article or other applicable sections.

3. It is unlawful for any person to operate, drive, or be in possession of a motor vehicle which is stopped, standing, parked or moving, and to make, create or permit an excessive or unusually loud noise, or a noise which endangers public safety, or is harmful to any person, which can be heard without the use of an electronic measurement device or heard and measured in the manner prescribed in section 9.8.103 of this part.

City Code §9.8.104
A noise measured or registered as provided in section 9.8.103 of this part from any source other than as provided in section 9.8.109 of this part at a level which is equal to or in excess of the db(A) established for the time period and zones listed in this section, is declared to be excessive and unusually loud and is unlawful.

Residential Zone
7:00 A.M. To Next 7:00 P.M.: 55 dB(A)
7:00 P.M. To Next 7:00 A.M.: 50 dB(A)

City Code §9.8.105
Between the hours of seven o’clock (7:00) A.M. and seven o’clock (7:00) P.M., the noise levels permitted in section 9.8.104 of this part may be increased by ten (10) dB(A) for a period of not to exceed fifteen (15) minutes in any one hour period. (Ord. 96-41; Ord. 01-42)

animal noise

Noise from Animals

City of Colorado Springs Ordinance §6.7.115 states:

“It shall be unlawful for any person to own or keep any pet or hoofed animal which by any unreasonably loud and persistent barking, howling, baying, yelping, crowing, crying or other utterance disturbs the peace and quiet of the neighborhood.”

Key Enforcement Points:
1. This applies to repetitive noise — even if the noise is not continuous. The City ordinance does not define a specific time limit, but enforcement officers evaluate patterns of disturbance based on factors such as duration, frequency, and time of day. As a general guideline, officers often consider noise to be disturbing if it continues for 10 minutes or more.

Practical Rule of Thumb:
1. If an animal vocalizes in cycles (e.g., 2 minutes of barking or howling, 1 minute quiet, repeat), and this continues for 10 minutes total, it is likely a city violation.

hot tubs

Hot Tub Use and Visibility

HOA Design Guidelines §3.15 states the following:

“Installation of hot tubs and Jacuzzis requires prior ACC approval. They should be designed as an integral part of the deck or patio area and must be located in the side or rear yard area. It must be installed in such a way that the structure is at least partially screened from adjacent properties when viewed from the approximate center of the adjacent backyard at ground level or from ground level in the city right-of-way areas. The ACC will review the proposed screening in keeping with the standard of promoting a harmonious, attractive, and consistent community appearance, preserving property values and ensuring compatibility with the neighborhood’s character.”

1. Installation of hot tubs and Jacuzzis requires prior HOA ACC approval

2. Must be designed as an integral part of the deck or patio in the side or rear yard area.

3. Must be installed in such a way that the structure is at least partially screened from adjacent properties when viewed from the approximate center of the adjacent backyard at ground level or from ground level in the city right-of-way areas.

repeated incidents

Frequent or Repeated Incidents

Frequency matters:
1. One-off violations can result in a violation notice with 30-day cure period
2. Repeated complaints within that period can escalate enforcement as per the violation process listed in the enforcement policy.

Example: If an animal barked or howled on July 1 for 10 minutes and again on July 15 for 10 minutes, both within the 30-day period, the HOA may treat this as a continuation of the same “uncured” violation and take further action.

fences / community walls

Fences – Design Guidelines Section 3.14

Interior Rear Yard Fencing and Community Walls

1. Fencing may be constructed of either wood or vinyl, provided it meets all design requirements of this section. 

2. All solid wood fencing shall be six (6) feet tall and constructed of 4” minimum width, dog-eared cedar pickets placed vertically without spacing.  Fences facing public spaces (streets, parks, trails, etc.) shall have the pickets installed so that they face those areas with the framework exposed to the interior of the yard.

3. All wood fences shall be stained with a semi-transparent exterior wood stain and sealer in following colors: Behr ST-152 Red Cedar, Behr #ST-127 Beach Beige, Behr ST-159 Boot Hill Gray. Other stain brands that are color-matched in store to any of these colors are also acceptable, and do not require pre-approval from the ACC.
  
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4. All vinyl fences shall be six (6) feet in height and constructed as solid privacy panels with vertical pickets set between flat horizontal rails at the top and bottom. Fence post caps shall be the flat pyramid style. The panels, posts, post caps, and gates shall be the same color, matching or equivalent to the “Creative Surfaces Woodgrain Hickory Vinyl Privacy Fence” or the “Barrette Outdoor Living Washington Cypress Vinyl Privacy Fence”.     




5. The maximum height of a lot fence is 6’. Where a lot fence meets a community wall, the lot fence must be at or below the community wall height for a minimum of 8’. Fences should slope rather than step to accommodate grade changes.

6. Prohibited fence materials include chain link, wire meshed (not used in conjunction with an open-rail fence for enclosing pets) and unfinished masonry.

7. Wing fencing must be set back a minimum of 5’ from the corner of the home. Wing fencing should match the setback of existing wing fencing on the adjacent property where feasible.

8. Lot fencing must be set back a minimum of 15’ from the back of curb of all streets or 4’ from the back of sidewalk, whichever is greater.

9. Fencing must be maintained in a like-new condition. For wood fencing, this means no leaning, missing, or broken pickets, and no fading greater than 30% from the original approved stain color. For vinyl fencing, this means no leaning, cracked, broken, or missing panels, rails, or post caps, and no discoloration greater than 30% from the original color. In accordance with Colorado C.R.S. 35-46-112 and C.R.S. 35-46-113, when a fence is located on the shared property line of two lots, each lot owner is responsible for constructing and maintaining one-half of the fence and for sharing associated maintenance costs. The HOA/ACC will enforce appearance and maintenance standards but will not mediate cost-sharing disputes between adjoining owners, which must be resolved directly between the owners under applicable Colorado law

10. If a fence is located on the shared property line of two lots, both homeowners must provide written consent to each other before submitting an ACC request to change the fence material (e.g., from wood to vinyl or vice versa). The ACC will require confirmation of this mutual consent from both homeowners prior to approving the request.

11. A Community wall is a perimeter wall located along an outer boundary of the HOA, is designated as an HOA asset in the governance documents, and is typically situated along the rear or side property lines of certain lots. Private fences, including shared lot-line fences, are homeowner assets and must be maintained entirely by the adjoining owners in accordance with HOA guidelines and Colorado law.  The HOA is responsible for the structural integrity, exterior face, and top of Community walls located on an owner’s lot, including repair and maintenance due to normal wear, age, or sudden natural disasters not caused by an individual lot owner. Individual lot owners are responsible for maintaining the interior face of any Community wall located on their lot, including cleaning, painting, or staining as needed to keep a like-new appearance.

12. Lot owners are responsible for managing all drainage, grading, and irrigation conditions on their lot, whether resulting from the homeowner’s actions or from natural changes, to ensure these conditions do not negatively impact the structural integrity of a Community wall. If drainage, grading, or irrigation conditions from a lot persist for more than thirty (30) days and cause erosion damage to a Community wall, the lot owner shall be financially responsible for the resulting damage to the Community wall, even if the HOA is otherwise responsible for maintaining the wall.

13. Dog Run Fencing: The AC encourages the use of underground (“invisible” dog run fences to promote the open character of the neighborhood. The AC may allow above ground dog run fencing on a case-by-case basis. The location and size of the dog run will be determined with consideration given its impact on adjacent properties and streets.

submit-concern

How to submit a Concern or Question

You will want to discern if its a COS City code or HOA issue using the information given in the previous sections where it states the enforcement code.

This is a critical discernment. If you send the HOA a concern that is governed by the City Code, we will bounce it back to you telling you to contact the city and thus 1 to 2 weeks of your concern will go unaddressed.

Report a concern to COS.

Goto https://coloradosprings.gov/gocos and submit a ticket or use the GoCOS mobile app.

Report a concern to the HOA.

To report a potential HOA violations, please contact the Cumbre Vista Support Desk using one of the methods below:

Submit by Email or Phone
1. Send an email to: support@cumbrevistahoa.org or call them at 719-301-0228

2. Include the following details:
a. Your full name
b. Your property address
c. A brief description of the concern or issue
d. Any supporting photos or documentation, if applicable