Woodmoor Improvement Association, Aug. 27 – Board hears short-term rental concerns

By Jackie Burhans

The Woodmoor Improvement Association (WIA) board met on Aug. 27 to hear residents’ concerns about short-term rentals and to review board member reports.

Short-term rental nuisance concerns

Several residents came to the August meeting to express their concern and frustration with a nearby home that had been turned into an Airbnb, citing late-night noise and excessive cars parked on the property during summer rentals. One resident noted that the listing was targeted at large groups of 16 to 20. Although short-term rentals are not mentioned in Woodmoor’s covenants, she noted that it says no property shall be a nuisance. She stated that she contacted the homeowner, who responded, but expressed concern about having to text them at 10 p.m. She asked if that is what we want for this neighborhood, noting that other neighbors are also frustrated.

President Brian Bush said that all board members understood the residents’ position. However, he noted that the state Legislature passed Senate Bill 134 in 2024 that prohibited homeowners’ associations from banning home businesses (see https://leg.colorado.gov/bills/sb24-134). The resident asked how to get the law changed and was advised to contact her state representative and have others do the same.

Bush said that WIA has taken the position that short-term rental businesses must submit an application, provide a local point of contact, and agree to inform tenants of the covenants, rules, and regulations. The resident said the owner had been in business for a year and had not submitted an application; Bush said WIA would have that discussion with the owner.

WIA will regulate the conduct of tenants and enforce rules and regulations against the property owners if it is notified that other residents are prevented from the quiet enjoyment of their property, Bush said. Until recently, WIA had not been notified of this case.

Board member Jason Hann said WIA has several covenants that protect residents’ peace, noting that parking on the grass and excessive noise are violations of the covenants. If residents report it to WIA, Woodmoor Public Safety (WPS) will ask the tenants to resolve the issues.

A resident noted that the number of cars parked at the Airbnb exceeded the four-car limit. Director of Public Safety Brad Gleason noted that El Paso County, in adopting ordinance 22-002, took away WIA’s authority over parking on county roads in Woodmoor. Hann noted that the same rules and regulations on noise and parking could be used as a basis for a complaint against someone holding a family gathering.

Bush emphasized that the same rules and regulations that apply to short- and long-term tenants also apply to owners. Most owners follow the rules, he said. Legally, short-term rentals are not, by definition, a nuisance, he said; but the conduct of tenants may become a nuisance. WIA regulates under its nuisance provisions any conduct that interferes with a resident’s right to enjoy the quiet use of their property. Hann noted that WPS officers have body cameras that eliminate any concerns about hearsay.

Both Gleason and Hann offered the residents contact numbers to call to report their complaints.

Highlights

Treasurer: Bush, speaking for Treasurer Pete Giusti, noted that there was money available for Forestry to spend and asked Hann to return with a plan to spend it or let the board know otherwise. Davis asked about a miscellaneous item that increased revenue by 3,000%; Bush said it was a one-time payment for an easement for Well 12R.
HOA: Administrator Denise Cagliaro said there were 105 unpaid accounts and that payments were trickling in or were settled when the homes were sold. There are 45-50 properties with accounts outstanding for multiple years.
Covenants: Director Jennifer Davis reported 53 cases, including one unfounded complaint, and four violations for July. There were 48 issues resolved through courtesy letters; WIA processed 14 HOA checks in July and held one covenant hearing in August for open burning. She reminded residents to move trash cans out of sight after pickup, obtain permits to park trailers or RVs for more than 72 hours, and that the minimum fine for burning trash, slash, or pine needles starts at $5,000.
Public Safety: Gleason reminded residents that school is back in session and asked that they watch their speed and anticipate backups. There have been reports of possible mail thefts, he said, reminding residents to be mindful with the holidays approaching and sign up for Informed Delivery with the Post Office. Bush noted that bears are feeding in anticipation of winter.
Architectural Control: Director Ed Miller reported 36 project submissions in May, including 26 approved administratively and nine by the Architectural Control Committee. Year-to-date projects have been approved at a 98.5% rate.
Forestry: Hann said that WIA completed 18 forestry and Firewise visits. The mitigation grant is ready for state inspection, but a review of current conditions must be completed before an application can be approved. Processing has been delayed by statewide fires, which have required all hands on deck.
Common Areas: Cutler noted that new windows were installed at the barn in the week of July 21 and that backflow testing was completed, with the results sent to Woodmoor Water and Sanitation District. Prairie dog mitigation was completed on July 26.

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The WIA Board of Directors usually meets at 7 p.m. on the fourth Wednesday of each month in the Barn at 1691 Woodmoor Drive, Monument. The next meeting will be on Sept. 24. See www.woodmoor.org to confirm meeting details.

Jackie Burhans can be reached at jackieburhans@ocn.me.

Short-term rental nuisance concerns

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