The adjoining aerial photo from the late 1960s shows the three original Cherry Creek HOAs built by HallCraft. Homes were advertised as new and innovative because the three were the first condo/townhouse style homeowners' associations in Denver.
The photo looks to the south. Neither I-225 nor the Denver Tech existed.
1990s item from Third Cherry Creek newsletter. A new, amended policy was approved in 2018 and available on this site.
Third Cherry Creek Townhouse Corp, aka, Cherry Creek 3, was built in the mid-1960s, slightly after Cherry Creek 1 and 2 were built and opened for new resident owners.
The photo (left) shows Cherry Creek 3 beyond Cherry Creeks 1 & 2. At the time, there was no Interstate I-225 and the Denver Tech Center (top right) hadn't been built. In fact, original residents report that S. Yosemite Street was an unpaved, two-lane road and there was no city-built sound wall separating S. Yosemite from the various neighborhoods.
To maintain a consistent look, few external changes have occurred in Cherry Creek 3 over the years. Anyone wanting to change the exterior appearance of their home Unit is required to obtain written Association approval in advance. As a result, no major changes have been approved in decades.
For example, a few people, for various reasons, decided to change or add upward extensions to their fences during the past decade. They were met with cease-and-desist orders and were forced to tear down and remove their non-approved projects.
If you are thinking about a change - no matter how small - it needs to be approved in advance by the HOA. These potential changes include replacing windows or doors, changing landscaping planting areas in the front of homes, adding ramps or new handrails in front of homes, installing surveillance cameras on the exterior of buildings, putting up a shed in the back patio, having a basement egress window installed, adding Radon mitigation equipment, installing new external furnace vents, etc.
Anyone wanting to make any external changes, including landscaping in the HOA-owned stoop plot in front of their Unit, must get advance approval after submitting required information by means of an Architectural Request Form, available on the HOA Forms and Documents page on this website.
When Cherry Creek 3 was built, the neighborhood homes had basements while neighboring Cherry Creeks 1 & 2 did not.
The builder/developer, HallCraft Homes, did not install patio covers and supports at the back of homes here. It only furnished covered carport covers and posts, the same way it did in the neighboring HOAs.
It didn't take long for Cherry Creek 3 residents to learn that when a big rain or snow occurred, the runoff from the main building roofs seeped or flooded into the basements of Cherry Creek 3 homes.
The Association and its owners sued the development. The suit was settled in 1972 when HallCraft agreed to build the patio covers and supports, which remain today. Those covers move rain or snow away from the back patio walls, so they cannot cause minor or significant flooding today.
PLEASE NOTE: Each home owner agreed to the settlement, which is passed along to each new owner. The Association's Declarations also state that in the event of water damage inside a basement, regardless of the external cause, the individual owner is responsible - not the HOA. That's why the Association recommends for each owner to have insurance that would cover the property in the event of basement water damage.
Because of the HallCraft settlement in 1972 involving the Association and all of its owners, the responsibility of repairing any basement foundation cracks, settling issues, etc., are the responsibility of each owner - not the Association. Again, any foundation work must be approved in advance by the Association.
When the Association, its owners and HallCraft settled their dispute in 1972 and the building agreed to install new patio covers, some owners opted to have ones of their own design installed. At that time and for all future owners of that Unit, the owner is required to maintain or repair that non-compliant patio cover.
It should be noted that, as of 2020, there were non-HOA-owned patio covers at 9000 E. Nassau Ave. and 9037 E. Oxford Drive.
It should be noted that one or two of the non-compliant patio cover owners installed satellite dishes atop those covers. Satellite dishes for individual units are not allowed because Cherry Creek 3 owns a wiring network (located under patio covers) that enables owners or residents to participate in optional DirecTV or Dish Network satellite services. The satellite dishes that are used for those services are owned by the Association and are located at one end of each in the Association's 39 buildings.
The Association owns and maintains an irrigation system and sprinkler heads throughout the neighborhood, including underground plastic-style lines that pass through each front yard. If digging or projects are not approved in advance, those irrigation lines could be punctured or cut, resulting in basement flooding and lots of water loss above the ground surface.
A common question, typical raised during home sales, is if there is Radon gas in a basement and who is responsible for paying to mitigate the situation.
Random, individual tests over the years has shown many homes have no Radon presence while others do. The Association doesn't pay for Radon mitigation. It is the responsibility of the individual Unit owner. Courts in many states have upheld rulings of owner responsibility, although rulings have determined that an Association cannot prohibit radon mitigation... but it can regulate the mitigation/piping plans.
If a home is determined to have Radon and the owner wants to have a mitigation piping/fan system installed, it will be at that owner's expense provided that any piping and ventilation plans are approved in advance by the Association.
In the 1970s, the Association gave a few owners to enclose their back patios. The "extra" room benefited the owner. However, neighbors later discovered the walled enclosure disrupted air flow and contributed to noise echo.
In addition, the city changed its fire and construction codes. Today, construction of enclosed back patios are not allowed. Owners of enclosed patios are required to keep them maintained at their expense and with Association pre-approval for any requested changes or improvements to those structures.
Here is a list of patio enclosures (or partial enclosures) in the Association, which are the responsibility of those Unit owners and who must comply with current regulations:
*9000 E. Nassau
*9058 E. Nassau
*9090 E. Nasau
*9108 E. Nassau
* 9176 E. Nassau
*9298 E. Nassau
*9023 E. Oxford
*9029 E. Oxford (upper patio cover is HOA property, one below that is not).
*9037 E. Oxford
*9071 E. Oxford
*9087 E. Oxford
*9095 E. Oxford
*9097 E. Oxford
*9101 E. Oxford
*9115 E. Oxford (note: adjustable cloth enclosures)
* 9183 E. Oxford
*9289 E. Oxford
If you have additional questions, please contact the management company.