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.
This website is intended to provide a central distribution point for factual information about our community and its governing documents;
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.
2009 Neighborhood Issues
After many years of inactivity an effort was initiated in 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.