In this issue, we'll explore Service Association Properties -5.1-5.4 and General Restrictions Applicable to Property-8.5. 

One of the least known and understood provisions of the Battlement Mesa covenants is the section regarding Service Association property.

a. General Use.  The Community Open Space within the Service Association Area shall be available to the Members of the Service Association and their guests for their general use and benefit involving activities such as walking, hiking, jogging, bicycling, sight-seeing, nature watching, photography, etc. which do not adversely impact the Community Open Space environment.  It is the intent of the Service Association that the Community Open Space be preserved in its natural, native condition absent of human disturbance, with the noted exceptions of the developed landscaped areas and utility systems facilities.

b. No Offensive or Hazardous Activities.  No Member shall commit, or cause to be committed, any activity on the Community Open Space which is or may cause an embarrassment, or unreasonable disturbance or annoyance to others.  No activity shall be conducted on the Community Open Space, which is or may cause there to be an unsafe or hazardous condition to any person or property, such as, but not limited to, hunting and the discharge of firearms, archery equipment and other weapons.

c. Restriction on Occupancy.  No Member shall occupy, nor cause to be occupied, any portion of the Community Open space by construction of a fence, or other means, nor otherwise limit access to the Community Open Space by other Members, nor construct any improvements of facilities upon the Community Open Space.

d. Restriction on Removal of Native material. No Member shall remove, nor cause to be removed, any native material, such as, but not limited to, live trees, dead trees, cactus, wild flowers, other vegetative material, rock, soil or water from the Community Open Space.

e. Restriction on Planting.  No gardens, flower beds, trees, shrubs or other planting of an kind of vegetation shall be permitted in the Community Open Space, with the noted exception of developed landscape improvements initiated by or approved by the Service Association.

f. Restrictions on Dumping and Storage.  The Community Open Spaces shall not be used for the purpose of dumping or storing any material, such as, but not limited to, grass clippings, wood, rock, mulch, garbage, pet litter or other debris, nor shall the Community Open Space be used for the parking or storage of any vehicle, boat, trailer of other personal possessions.

g. Restriction on Motorized Vehicles.  No motorized vehicles, such as, but not limited to, cars, trucks, motorcycles, all-terrain vehicles and snowmobiles, are allowed on the Community Open Space at any time, with the noted exception of motorized wheelchairs and in the performance of their duties, authorized Service Association contractor and utility service vehicles and related equipment.

h. Restrictions on Mechanical Devices.  personal mechanical devices, such as, but not limited to, bicycles, skateboards, scooters, and other similar non-motorized mechanical devices are permitted on the Community Open Space, provided, however, that their operation shall be confined to paved surfaces and operated in a safe manner yielding to pedestrian use.

i. Restriction on Fires.  No man-made open fires of any sort are permitted on the Community Open Space, including, but not limited to, barbecue grills, campfires, debris burning or fireworks.

j. Restriction on Camping.  No camping, nor the erection of any tent, camper or other portable structure, shall be permitted on the Community Open Space.