Littleton, CO HOA Rules: CC&R Enforcement (2026)
Key Facts
- Association required
- HOA, party wall agreement, or metro district
- Trigger
- Any private common facility or street
- Recording
- Deed restrictions filed with County Clerk & Recorder
- Membership
- Mandatory for all lot/unit owners
- Maintenance duty
- Falls to HOA, not the city
- Max code fine
- $2,650 per violation, per day
Summary
Littleton's subdivision code requires a homeowners' association, party wall agreement, or metropolitan district for any subdivision with common open space, private streets or private utilities, with deed restrictions recorded on the plat, but the city itself does not maintain or enforce those private facilities.
1. Required Elements. A homeowners' association (HOA), a party wall agreement, or a metropolitan district shall be required to maintain private facilities in a subdivision, such as common open space, recreational amenities, private utilities, private storm drainage detention, water quality facilities, and private streets. The subdivider shall record in the office of the applicable County Clerk and Recorder, along with the approved Final Plat for the subdivision, deed restrictions that are in a form acceptable to the City Attorney and that include: ... e. ... A perpetual obligation of the HOA, metropolitan district, or signatories to the party wall agreement to fulfill the responsibilities assigned to it by this Code (or as successor-in-interest to the subdivider) at the date of plat approval. ... ... 3. Maintenance. ... Maintenance of private utilities and any private storm drainage detention or water quality facilities shall be the responsibility of the homeowners' or property owners' association.
Full Breakdown
4, Deed Restrictions and Private Facilities, requires an HOA, party wall agreement, or metropolitan district whenever a subdivision includes private facilities such as common open space, recreational amenities, private utilities, private storm drainage detention, water quality facilities, or private streets. The subdivider must record deed restrictions with the county clerk and recorder, in a form the City Attorney accepts, establishing the association permanently, requiring mandatory membership for every lot or unit owner, requiring a reserve account or surety for perpetual maintenance, and granting the association authority to collect dues and levy special assessments.
That obligation is perpetual and runs with the association or its successor from the date of plat approval. Subsection B assigns maintenance of private utilities and any private storm drainage or water quality facilities to the homeowners' or property owners' association, not the city, and Subsection C confines private streets to closed loops and cul-de-sacs not used by the general public, with the association responsible for maintaining those streets and their signs. The city's own Chapter 11 code enforcement process, by contrast, addresses violations of the Unified Land Use Code itself, such as unpermitted construction or use, not disputes over an association's private covenants; those obligations belong to the recorded deed restriction and the association, not to the City Attorney or code enforcement staff.
Violations & Fines
The subdivider's failure to record the required deed restrictions, or an association's failure to maintain private facilities as required by Section 10-6-2.4, is a violation of the Unified Land Use Code subject to the General Penalty at City Code Section 1-4-1: a fine of not more than $2,650, imprisonment of not more than 364 days, or both, with each day of continued noncompliance a separate offense under Section 10-11-2.3.A.
Frequently Asked Questions
Does Littleton require an HOA for new subdivisions?
Does the City of Littleton enforce my HOA's CC&Rs?
Who maintains private streets in a Littleton subdivision?
What must be included in a Littleton subdivision's deed restrictions?
Sources & Official References
Other rules in Littleton
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CC&R Enforcement in Nearby Cities
How other cities in Arapahoe County handle cc&r enforcement.