Colorado Springs, CO HOA Rules: CC&R Enforcement (2026)

Section 7.1.108 of the Unified Development Code, "Relationship To Private Covenants," states that the UDC applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development or use of structures or land than a private covenant, provided however that the UDC does not supersede private covenants that are more restrictive unless specifically stated in this UDC. In practice, that means a subdivision's HOA can enforce a stricter setback, a lower fence height, or a design limit the city's zoning code doesn't otherwise impose, and the city won't override it merely because the covenant is stricter than the UDC. The reverse also holds: the city applies its own standards even where a covenant is silent or less restrictive.

Enforcement authority is kept separate. Part 7.5.9 (General Enforcement) gives the Planning Manager sole authority to enforce UDC violations, including right of entry, emergency abatement orders, and remedies under Section 7.5.905 ranging from no-action and informal contact to an agreement to abate and a formal notice of violation. None of that authority extends to a private covenant. A homeowners' association enforces its own CC&Rs through its own governing documents and, if needed, civil court action; city code enforcement staff do not investigate or cite violations of a private covenant that isn't also a UDC violation. A resident whose HOA cites a covenant violation the city doesn't recognize, such as an architectural-review rule or a stricter setback, has no city appeal; the dispute stays inside the association's own enforcement process.