Message from Raven Hills Homeowners Association - - [#XN1585272]

To all Raven Hills Homeowners,

Please see the attached message from The Board of Directors of Raven Hills. Let us know if you have any difficulty in opening it. Thank you!

Sincerely,

Diversified Association Management on behalf of Raven Hills Homeowners Association

Subject line: Apology and Update for 50 Mikado Dr. E Child Care

Dear Raven Hills Community,

The Board would like to formally apologize to Ms. Stacie Warren, for statements and actions to oppose her application for a Conditional Use Development Plan (CUDP-22-0015) with the city. Our communication with the community did not provide both sides of the situation. We immensely regret the way this situation deteriorated into an adversarial incident. Our intent was never to paint Ms. Warren or the service she provides to the community in a negative light.

We continue to believe the Board has an obligation to the Raven Hills community to uphold the governing documents - including our Association's covenants pertaining to private residencies being used for commercial business (see RRHOAA Declaration of Covenants, Controls, and Restrictions, Article X, Section 13: Commercial Enterprises). However, Colorado state law (C.R.S. §38-33.3-106.5) renders the relevant covenants pertaining to this issue null and void as related to home childcare facilities. As city attorney Ben Bolinger clarified at the city council hearing on April 11th, “Covenants that prohibit the operation of large childcare homes are void under state law.” The Raven Hills HOA is not exempt from this law.

The permit for this childcare was tied to passionate opinions on both sides, and we want to assure the community that we took this matter very seriously. We believe the Board fulfilled its obligation to the HOA in advocating for the covenants to which we have all agreed to comply. The Board performed its due diligence by appealing Ms. Warren's permit twice: First, to the City Planning Commission, and second, to City Council. Only 17% of Raven Hills homes submitted letters of opposition to the city, and we amplified your concerns to the best of our ability. Ultimately, we respect and accept the decisions of the Planning Commission and City Council and recognize those decisions are upheld both by the Colorado statute and the new Unified Development Code, both of which supersedes our HOA's governing documents.

Ms. Warren is not in violation of any RHHOA covenants for the operation of a home childcare facility. Ms. Warren's childcare is properly licensed by the state and permitted by the city, and she is operating well within her legal rights. She has provided documentation demonstrating she is in good standing with all relevant regulatory agencies at both city and state levels, and has a liability insurance policy which includes the RHHOA as an additional insured party. This matter is now functionally settled, and the Board has no plans to take additional action. 

To ensure all voices in this matter are equally represented, we have attached a copy of the City Council presentations by Ms. Warren, Ms. Murphy, and Ms. Jenkins. If you prefer to watch the City Council meeting, you can do so here: https://coloradosprings.granicus.com/player/clip/1693?view_id=1&redirect=true&h=1da31612ef2c908f74c85d3bb28d4182 

Additionally, we would like to apologize to Haley Murphy and Mary Jenkins for removing them from the HOA's Architectural Controls Committee in response to the comments they made at City Council in support of Ms. Warren's childcare. We deeply regret our actions of ostracism. These are our neighbors, and we are taking steps to correct the situation with Ms. Warren, Ms. Murphy, and Ms. Jenkins for their benefit as valued members of Raven Hills, and for the benefit of the Raven Hills community as a whole.

Moving forward, the Raven Hills Board of Directors will continue to make every effort to make decisions that are in the best interest of the entire community. We value everyone’s presence in our community, and rather than monitor one another, we ask you to support each other as neighbors. We are truly sorry for the way this matter has played out.

Sincerely,

Raven Hills Board of Directors

Attachments:
Stacie Warren City Council Presentation
Haley Murphy City Council Comments
Mary Jenkins City Council Comments

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