Encroachment Enforcement Policy and Procedure
The Master Association’s Board of Directors (“Board”) recognizes that homeowners in Ken‐Caryl Ranch
have made landscape improvements that encroach on property owned by the Master Association
(“Association”). To protect the Association properties for the benefit of all members, and to prevent
further similar encroachments, the Association’s Board has initiated procedures to address existing
encroachments. The goal of the Board is to reclaim the Association’s property whenever possible. The
Board reserves the right to exercise its discretion when considering and deciding which encroachments
must be removed or modified. The criteria for making such decisions will include the extent and nature
of the encroachment, the impact on the Association and adjoining property owners. The Board also
acknowledges that there is not a perfect solution and its decisions will be made on a case by case basis.
Therefore, the following procedure will be followed:
1. The Association’s staff will attempt to notify all property owners who have landscape extensions or
other alterations that encroach onto the Association’s property (hereafter “encroachment”). This will be
accomplished by a periodic review of the community. In some cases, this will be difficult and some
margin of error should be expected since, a professional property line survey will not be obtained. When
an encroachment is believed to exist, a property boundary line assessment will be performed and if it is
determined by staff that the landscape or alteration encroaches onto the Association’s property, the
property owner will be notified and given a date by which to respond.
If a property owner disagrees with the staff finding and staff is unable to locate the property corner pins,
the Association may contract for a complete improvement survey plat of the disputed property line
(estimated cost ‐ $750‐$1,200). If the property owner disagrees with the property line as identified by
staff, they may obtain their own survey. If the owners surveyed property line is substantially different
from that determined by staff, to the property owner’s benefit, the Association will reimburse the
property owner for the actual cost of the property owner’s survey. If legal action is required to enforce
the Association’s rights, the Association will seek recovery of costs.
2. Options to Redress Encroachment:
Option A. Should the property owner wish to remove or modify the encroachment, at their expense,
staff will cooperate with the property owner to that end. A 90 day period will be established for the
removal or modification. If at the end of this period the encroachment has not been cured, a hearing will
be scheduled with the Covenant Committee and a hearing notice will be sent to the property owner.
The Covenant Committee may issue a $50 per month fine and suspend membership privileges until the
encroachment is removed or the resident must enter into an Encroachment License Agreement with a
one time $50 fee. Approval by Board delegated committees may be required. If, with the Association’s
approval, the encroachment is only modified, the property owner may be required to accept ongoing
Option B. The property owner may apply to the Association for an Encroachment License Agreement to
use the Association’s property with a $50 one time fee. The Agreement will be supplied by the
3. Failure to Redress Encroachment
If the property owner fails to respond to the first notice and later, by a second notice, by the date
specified, a notice for hearing will be sent. If no timely response to the second notice is received, a
hearing will be scheduled with the Covenant Committee and a hearing notice will be sent to the
property owner. At the hearing, the Covenant Committee may issue a $50 per month fine and suspend
membership privileges until the encroachment is removed or the resident enters into an Agreement
with the $50 fee. If the encroachment is not removed after the hearing or an Agreement signed by the
resident, the Association may petition the court for injunctive relief, or seek other available remedies.
4. No new encroachments will be permitted after the date of adoption of this procedure by the Board.
An encroachment will be considered “new” if staff is able to determine when it was installed and that
the date of installation is past the date this procedure is adopted.
5. All revenues generated by Encroachment License Agreements will be used for Open Space
6. Property owners whose fences encroach in minor respects upon the Association’s property will be
notified by the Association and encouraged to relocate the fence on the owner’s property.
7. In cases where there is a clear benefit to the Association by allowing the encroachment to continue,
the Association may waive the fee, impose conditions, and require that the property owner execute an
agreement that will be recorded against title to the owner’s property.
8. Property owners whose landscape consists only of trees or bushes in Open Space will sign a document
with the Association considering those items Association property.
9. Residents may request an assessment of their property boundary adjacent to the Open Space at any
time by the association. Any survey required to complete such an assessment shall be at the residents’
10. The Board may appoint a committee to review requests for the encroachment licenses or to review
modification plans, or both.
11. Articles will be printed in Life at Ken‐Caryl from time to time explaining this procedure to residents.
By KCRMA Open Space Ranger Matt Oven