A drug and alcohol halfway house has been established in a house in my neighborhood. We do not have an HOA but we do have covenants. Article 1, Section 101, states that all lots and building sites in the subdivision shall be used exclusively for private residential purposes. No dwelling erected or maintained within the subdivision shall be used or occupied for any purpose other than for a single-family dwelling. No business, profession or other activity conducted for gain shall be carried on or within any lot or building site. My inquiries to the CSPD, Colorado Springs Zoning Office, and Colorado Springs Code Enforcement is that these drug and alcohol housing groups are covered by the ADA and Fair Housing Acts and cannot be held to local housing rules and laws. Is this correct? Can nothing be done to stop these money making businesses from invading our neighborhood?
To answer your question, does ADA and Fair Housing rules trump HOA Covenants? Yes, the Fed always wins.
However, based on the facts you present if the Covenants are indeed valid and enforceable you have some leverage here. But, it is not the job of the CSPD, Zoning, or Code Enforcement to enforce the Covenants. As such I recommend that you contact an Attorney who represents homeowners in HOA's to assist you in enforcing the rules of the community.
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