In this issue, we'll explore the Eighth Amendment to the Amended and Restated Declaration of Covenants, Conditions and Restrictions for Battlement Mesa. 

If you've never heard of the Eighth Amendment, you're probably not alone.  The Eighth Amendment is somewhat new.

On September 20, 2011 the Battlement Mesa Service Association adopted the Eight Amendment which repealed and restated Article VIII, Section 8.1(a)(i) as amended by the Fifth Amendment to the Amended and Restated Declaration of Covenants, Conditions and Restrictions for Battlement Mesa.  In simpler terms, the Eighth Amendment rewrote portions of the covenants which regulate Vehicular Parking, Storage and Repairs. 

In essence, the Eighth Amended gives you the right to expand parking at your residence when certain provisions are met.  The original language in the section which describes what size and type of vehicles can be parked or stored in Battlement Mesa and how they must be parked or stored was basically unchanged.  The 8.16 provision that is most familiar to residents is the one that limits vehicle size to a maximum of one (1) ton and, to the disappointment of some, this limitation was not changed.  As part of this discussion it is important to note that Mesa Ridge Village limits vehicle size to 3/4 ton.

The new language added to 8.16 says, "Automobiles or trucks no larger than one ton may be parked on a concrete or gravel apron adjacent to driveways.  Such aprons must conform to the definition of parking aprons in the Battlement Mesa Service Association Architectural Standards."  Click HERE to read the entire Eighth Amendment.  (The last item listed under Covenants).

To fully understand the requirements associated with adding a parking apron you also must read the new section which was added to the Architectural Standards which says:

"3.06 Vehicle Parking Surfaces and Aprons

Parking in the front yard of properties shall be limited to concrete paved driveways plus an unpaved parking apron able to accommodate up to two (2) additional parking spaces.  Parking aprons shall cover an area of no more than three hundred and thirty (330) square feet or forty percent (40%) of the front yard area whichever is less.  All unpaved parking areas shall be located on the side of the driveway furthest from the front door of the dwelling on the property.

Parking aprons shall consist of a non-erodible water permeable surface, which provides complete soil stabilization to the soil beneath such surfacing material.  Water permeable materials include gravel or crushed stone materials applied to a minimum of four inches (4") in depth, paving blocks or pervious paving blocks specifically designed for driveways.

Parking aprons shall be fully contained without disruption within a permanent border and shall be segregated from any lawn, garden and/or shrubbery.

All off-street parking of vehicles in Battlement Creek Village I and Battlement Creek Village II shall be restricted to paved driveways as approved by the Architectural Standards Committee.  Parking of vehicles in Battlement Creek Village I and Battlement Creek Village II is disallowed on unpaved driveway extensions and/or parking aprons."

Click HERE to review the Architectural Review Standards.  (3.06 Vehicle Parking Surfaces and Parking Aprons can be found on pages 13 and 14).   In order to request approval to increase parking, the Architectural Review "Short Form" must be completed.  The "Short Form" can be found on page 53 of the Architectural Review Standards or by Clicking HERE.

Please remember that sub-associations may have more restrictive covenants than the BMSA.  Also, residents of Canyon View, Mesa Ridge and Valley View Townhomes and Condos must remember that their property is generally limited to the outside of the foundation walls of their home.  Everything else is common area.  

More detail on these and other covenant regulation are AVAILABLE HERE or on www.BattlementMesaColorado.com.