Indian Mountain Property Owners Assocation

 
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POLICY FOR COMPLIANCE WITH INDIAN MOUNTAIN PROTECTIVE COVENANTS, UPDATED JULY 2016
 
From the Declaration of Protective Covenants for Indian Mountain Subdivision, February 24, 1971 and subsequent editions for later filings:
 
20. ENFORCEMENT: If any person shall violate or threaten to violate any of the provisions of this instrument, it shall be lawful for any person or persons owning real property in the subdivision or any duly elected or appointed official of Park County or the Town of Fairplay, to institute proceedings at law or in equity to enforce the provisions of this instrument, to restrain the person violating or threatening to violate them, and to recover damages, actual and punitive, together with reasonable attorneys’ fees, for such violations.
 
STEP ONE: COMPLAINANT(S) CONTACT WITH ALLEGED VIOLATOR
The Board of Directors of Indian Mountain Property Owners’ Association (IMPOA) advises and encourages any complainants to contact (in person, email, letter or phone) the party allegedly violating Indian Mountain covenants to attempt to resolve the situation in a rational and neighborly manner.
 
STEP TWO: COMPLAINANT(S) REQUEST IMPOA FOR ASSISTANCE
If there has been no resolution of the situation, a complainant(s) who is a current Member in Good Standing of IMPOA may contact any IMPOA board member for assistance. It is important to understand that board members have no enforcement authority beyond that of any other property owner. At that time, the board of directors of IMPOA will confer and decide whether to approach the alleged violator in an attempt to assist in resolving the problem.
 
While the Indian Mountain Protective Covenants address a wide range of issues, the top priorities for IMPOA are as follows:
  • Debris on properties (trash, junk, inoperable motor vehicles, temporary structures);
  • Campers, trailers, cargo trailers, tents and boats which have overstayed the Covenants’ limits on temporary structures on undeveloped lots;
  • Discharge of firearms;
  • Violation of construction limitations; and
  • Misuse of water well permits (for example, watering of livestock that are not allowed to be kept in the Indian Mountain Subdivision).
 
STEP THREE: PROCEEDINGS AT LAW
Complainant(s) may elect to institute proceedings at law at any time. In extreme cases, members of the IMPOA board of directors may choose to institute proceedings at law, with legal fees reimbursed by IMPOA, as authorized by its board of directors, on behalf of the community.
 
POLICY FOR COMPLIANCE WITH PARK COUNTY LAND USE REGULATIONS IN INDIAN MOUNTAIN SUBDIVISION, UPDATED JULY 2016
 
In May of 2016 Park County adopted updated Land Use Regulations (LURs). Of particular interest to Indian Mountain property owners are the regulations related to camping and accessory structures (sheds, etc.) on undeveloped lots. The updated LURs significantly strengthen the County’s ability to identify and enforce violations. The regulations are posted on IMPOA’s website www.IMPOA.net and on the Park County website http://www.parkco.us/189/Land-Use-Regulations in Sections 5-712 and 5-713.
 
STEP ONE: COMPLAINANT(S) CONTACT WITH ALLEGED VIOLATOR
The board of directors of IMPOA advises and encourages complainant(s) to make direct contact with the alleged violator in person or via email, phone or letter to attempt to resolve the issue in a rational and neighborly manner.
 
STEP TWO: SUBMISSION OF LAND USE REGULATION VIOLATION COMPLAINT FORM
If no satisfactory result occurs, complainant(s) is advised to submit a Land Use Regulation Violation Complaint form to Park County, Code Enforcement. You are required to identify yourself as the complainant when submitting this form. Park County Code Enforcement will then inspect the property of the alleged violator in order to determine if there is a violation. If there is a violation, Park County Code Enforcement may issue a citation in order to have the violator become compliant with Land Use Regulations. The Park County Attorney enforces such citations.
 
LUR violation complaint forms may be acquired from the Park County Government office in Fairplay or may be downloaded from the Park County website at http://parkco.us/FormCenter. The forms are also located on the IMPOA website. Experience has shown that submitting the form in person at the Park County offices is often the most effective approach