DHIR - Pikes Peak Heights, LLC

4802 Checkerspot Street

Colorado Springs, CO 80916

Subject: Petition for Improved Housing Needs in the Pikes Peak Heights Community, Colorado Springs, CO

November 14, 2023

To Whom It May Concern:

We, the undersigned residents and concerned citizens of Pikes Peak Heights are writing to express our deep concern about the current housing situation in our community. Access to safe, affordable, and quality housing is a fundamental human right, and we believe that it is essential to address the pressing needs in our community. 

Our community residents have gathered a list of complaints and resolutions below. We have also notated the lease. 

 

Residential Lease Agreement

“THIS RESIDENTIAL LEASE AGREEMENT (this “Lease”) is made by and between DHIR – Pikes Peak Heights, LLC (the “Landlord”) and the Tenant(s) listed above (hereinafter individually and collectively referred to as “Tenant” or “Tenants”.)

 

Complaint: The office personnel are extremely hard to get ahold of. We send e-mails and receive no response; we call and leave voicemails again with no response. We assume the office hours have changed as there is never anyone in there. There are never any notes on the door, no office hours posted, and no notices being sent out to the residents regarding any changes to the office staff or hours. 

Resolution Request: We ask that you provide office staff that we can contact. We asked that you provide notices to your residents when there is any sort of changes to the office hours or staffing. 

 

Complaint: False advertising. You advertise “Single Family Homes”, however, not all the homes in this community are “Single Family Homes”. Several residents moved here from out of state and were unable to view the homes. The office did not offer or honor requests for “Virtual Tours.” These residents stated they were surprised to find that in fact, the “Single Family Homes” they agreed to rent, were actually “Duplexes.” 

***Your website states: “These brand-new, single-family rental homes have carefully curated floor plans for any lifestyle.”

***The website does not offer any pictures of the duplex homes which is very misleading. 

***Most recently we received an e-mail that stated “We are sending a crew out to camera the sewer lines on the duplex units at Pikes Peak Heights.

Definitions: 

Single-Family Home – A single-family home is a free-standing residential building. Single-family homes are designed to be used as a single-dwelling unit, with one owner, no shared walls, and its own land. 

Duplex – A duplex home is a small type of multifamily building with two connected dwellings that have separate entrances on a single property. Each dwelling is considered a duplex apartment. 

Resolution Request: We believe the website verbiage needs edited and photos of the duplexes should be added so no other families are misled by what they are leasing. 

 

12. Landlord’s Maintenance Responsibilities

Landlord will maintain, replace, or repair any items on the Premises for which applicable law dictates, and Landlord is responsible, subject to the terms of this Lease.  Unless required by applicable law, Landlord WILL NOT pay for costs incurred to repair the following items unless caused by Landlord and/or Property Manager’s gross negligence and/or misconduct: (i) damage to windows, screens, or interior doors; (ii) damage from wastewater stoppages caused by foreign or improper objects in lines that exclusively serve Premises; (iii) items that are the responsibility of Tenants; and (iv) items that are cosmetic in nature with no impact on the habitability of the item. To the fullest extent permitted by applicable law, Tenant hereby assumes responsibility for such costs and repair obligations and waives any obligation of Landlord for such costs and repairs. 

13. Maintenance Requests

Tenants shall make all requests for the above-described repairs as directed by Landlord. If Tenants are delinquent in Rent at the time a repair request is made, Landlord is not obligated to make such repair until the delinquency is cured unless the repair relates to habitability or required by applicable law. a. Non-emergency Repairs.  Property Manager will make reasonable efforts to commence non-emergency repairs promptly and within a reasonable time after receiving repair request from Tenants. Property Manager is not obligated to make repairs on a day other than a business day unless required to do so under applicable law. 

Complaint: It’s been stated by numerous residents that they are putting in work orders and then finding them closed out, although they were not completed. Other times, maintenance staff will enter the home and state that they will return but never do. The “Landlord” has had several different maintenance employees since the opening of the community, and it makes it difficult for residents to feel as though these “employees” are valid and creates safety concerns for families. 

Resolution Request: It is important to our community that you hire a credible, experienced maintenance employee(s). This is an URGENT need for our community members.  

 

ALARM MONITORING AND SMART HOME LEASE Addendum

This Alarm Monitoring and Smart Home Lease Addendum is attached to and made a part of that Residential Lease Agreement (the “Lease”) by and between the Landlord and Tenants for the Premises. 

 

Complaint: ADT Systems are not working properly and are still being charged for the monthly service. As stated in the “ALARM MONITORING AND SMART HOME LEASE ADDENDUM,”(quoted above) our agreement is between the “Landlord” DHIR – Pikes Peak Heights, LLC, and the “Tenant”. Please note this is stated as an “Amenity” on the property website, which encourages families to rent at this community as there is an extra layer of safety and security.

Resolution Request: We would like to be reimbursed or credited for the months our systems have not been working properly. We would appreciate someone coming out and checking all of the systems that are not working properly so we can have security and safety for our families. 

8. UTILITIES

Tenants agree to pay for all charges and deposits for utilities and services used and consumed at the Premises during the Lease Term or holdover hereof (all such charges being referred to as “Utility Charges”), including, but not limited to, water, sewer, trash, gas, electricity, irrigation, wireless internet, and telephone) (“Utilities”) as applicable. Unless otherwise directed by Landlord, Tenant shall establish, set-up, and maintain accounts for Utilities in Tenant’s same, subject to applicable law.  Landlord may, at any time, establish or transfer and maintain any or all utility accounts servicing the Premises in Landlord’s name or an affiliate’s name, and Landlord may bill the cost of same to Tenants, including any administrative fees incurred by Landlord for doing so.  If any utilities are not individually metered or sub-metered at the Premises, Tenant shall pay Tenant’s proportionate share, as reasonably determined and directed by Landlord in accordance with applicable law.  Tenants acknowledge and agree that it is impractical or extremely difficult to determine the exact amount of utilities consumed by Tenant at the Premises (and/or in any the common areas within the Community, as applicable). Tenant acknowledges that in the event Landlord must allocate utilities to the Tenant, while Landlord will use a reasonable apportionment method, Tenant may be paying for utility usage in the common areas or in other residential homes within the Community, as applicable. Tenant further acknowledges and understands that the amount of the monthly bill will fluctuate, depending on actual usage and actual billings from the public utilities. However, if during the Lease Term Landlord believes that Tenant’s utility consumption is disproportionate to the charges billed to Tenant for Utility Charges, Landlord reserves the right to modify the method used to charge Tenant, in Landlord’s reasonable discretion.  Tenants’ failure to maintain Utilities to the Premises and pay for all Utility Charges, which shall constitute Rent, at all times during the Lease Term shall constitute a default of this Lease.  Utility Charges shall include any fines or charges incurred by Landlord due to Tenants’ failure to pay for and maintain Utilities, even if they have not been invoiced prior to vacating the Premises.  Any obligations that remain unpaid following Tenants’ surrender of the Premises may be deducted from the Security Deposit or otherwise charged to Tenants. 

Tenants’ Maintenance Responsibilities

During the Lease Term, Tenants will, at Tenants’ own cost and without any expense to Landlord: (i) comply with all obligations primarily imposed upon Tenants by applicable provisions of building and housing codes materially affecting health and safety; (ii) keep the Premises in a clean and safe condition; (iii) dispose from the Premises all ashes, garbage, rubbish, and other waste in a clean and sanitary manner; (iv) provide and maintain appropriate receptacles for the removal of garbage, rubbish, and other waste incidental to the occupancy of the Premises and arrange for their removal; (v) keep all plumbing fixtures in the Premises or used by Tenants in good order and repair; (vi) use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, irrigation, and other facilities and appliances on the Premises; (vii)  “winterize” the Premises and take necessary action to ensure that the Premises are maintained in a manner capable of withstanding freezing temperatures, including but not limited to maintaining minimum levels of heat to prevent freezing of water pipes and outdoor spigots, wrapping of outside water mains in freezing temperatures, reasonably remove snow accumulations and ice on and around the Premises; (viii) maintain exterior landscaping and sod by ensuring that the irrigation system is operational and watering at reasonable and appropriate times such that the landscaping and sod are maintained in a living and appropriate manner and consistent with any applicable local government or HOA regulations; (ix) notify the Property Manager as to any issues associated with the irrigation system and/or landscaping/sod; (x) not deliberately or negligently destroy, deface, damage, impair, or remove any part of the Premises or knowingly, recklessly, or negligently permit any person to do so; (xi) replace light bulbs in interior and exterior fixtures on the Premises; and (xii) repair any damages to the Premises caused by Tenants and/or Occupants, and their guests, and invitees, ordinary wear and tear excepted.  See the Community Policies Addendum for additional maintenance obligations and fees related to same.  

 

Complaint: We are now being charged for the community water and sewer. This is in our lease (8. Utilities), and we did agree to that, however, the Landscapers are breaking sprinkler heads, and the water is blasting for days before the repair is made. We should not be charged for these instances; it is out of our control and the issue is due to a vendor that the “Landlord” has hired. 

***The Tenants’ Maintenance Responsibilities state we, as residents, are required to “(viii) maintain exterior landscaping and sod by ensuring that the irrigation system is operational and watering at reasonable and appropriate times such that the landscaping and sod are maintained in a living and appropriate manner and consistent with any applicable local government or HOA regulations”. We as residents do not believe that we can control a “reasonable and appropriate time” for the irrigation system to run. Several residents are concerned about the times that the system is running as it’s not appropriate times. 

***Numerous residents contacted the Property Manager per the Tenants’ Maintenance Responsibilities state with no immediate resolution. As residents, we should not have to contact your vendors to assist in a resolution. 

Resolution Request: We would like to request the Property Manager, as an agent of the owner, and the landscaping company to take charge of the above-mentioned concerns and make sure it does not continue into next Spring/Summer. As it affects the resident’s portion of the utilities.

 

Complaint: Our region just had a record-breaking snowstorm and there were no services provided during that time. Our roads and sidewalks were covered for a few days. There were those of us who were able to shovel our own area, however, this is not something that all homes can provide for themselves. When one resident contacted the office regarding the concern, she was told that “due to no maintenance staff, only temps, they were unable to provide this service until further notice.” This is and can become a major safety and liability concern for DHIR - Pikes Peak Heights, LLC and Avenue5 Residential. 

Resolution Request: Our requested resolution is to hire an outside vendor to complete this work until Avenue5 Residential has hired maintenance staff.

 

Complaint: The residents of Pikes Peak Heights have concerns regarding the safety, construction, and warranties for the homes. Examples below:

***During the week of rainy weather, numerous homes lost their stairs/patio/porches/railings, and sidewalks were damaged due to the rain. The conditions that were caused during these days/weeks were a major concern for our families' safety.

***Flooring in homes is coming up. 

***Shower floors cracking.

***Dryers not working in homes that have never been lived in.

***Garages that are incomplete or have concrete damage.

***Garage doors that won’t open/close and/or are damaged.

Resolution Request: DR Horton should take responsibility for the quality of the homes that they build. We all feel as though we are paying way too much for homes that are “BRAND-NEW”. We should be able to come home at the end of each day and feel safe and secure in our homes. We should not have to worry about what issue is going to happen next. We do not feel it is too much for your employees or lack of employees to have our work completed.

In light of these issues, we respectfully request that Pikes Peak Heights, Avenue5 Residential, and the “Landlord” DHIR – Pikes Peak Heights, LLC take immediate action to address our concerns or we ask that you allow those who would like to vacate, to do so with no move out fees or negative rental references.

We, the undersigned, call on Pikes Peak Heights, Avenue5 Residential, and the “Landlord” DHIR – Pikes Peak Heights, LLC to work in collaboration with our community members to develop and implement effective solutions to address the housing concerns of our community. 

We understand that solving these issues may require resources and effort, but we believe that a thriving community starts with having staff members and management take pride in our community and recognize the concerns of all its residents. We urge you to take this matter seriously and make our housing a top priority.

To show our support for this cause, we have gathered signatures from concerned citizens who share our concerns. We hope that our collective voice will inspire change and lead to a better housing situation at Pikes Peak Heights, Colorado Springs.

Please consider this petition as a call to action, and we look forward to your response and commitment to improving housing conditions in our community. We have created a property-wide e-mail address for communication concerns. 

 

Sincerely,

 

Tanae Frost

 

Pikes Peak Heights Residents

Tanae Frost, Petition Moderator