Regulate short-term rentals.
Don't ban them.
A factual look at BME's proposed short-term rental covenant amendment — and why a registration-and-rules approach serves the whole community better than an outright ban.
In their September 11 update, owners report formally asking the Board for answers and records before any vote. See what we asked the Board.
Prepared by a group of BME owners. Not an official BMEPOA communication. Not legal advice.
AI-generated illustration inspired by South Fork's railroad-era history — not an archival photograph.
A permanent covenant change is heading to a vote
The BMEPOA board has discussed a covenant amendment addressing short-term rentals (Article IV) since at least 2020. In August 2025, owners passed Article XX with 77.7% approval — changing how votes are counted so that non-votes no longer count as "no." Returning your ballot now matters more than ever.
In 2026, the board appointed a four-person Covenant Committee — two board members and two owner at-large representatives — to work with WLPP Law on a full covenant update, including the STR question. The board received a preliminary draft on May 21, and the committee held its first meeting on June 17. The June 18 board minutes say the committee planned to meet monthly to review the attorney's template.
On July 31, 2026, the board circulated a follow-up memo stating that the proposed Declaration will be available for owner review and comment before a vote. The memo correctly emphasizes BME's private water system and its location outside the Town of South Fork, while also attributing several water and conduct concerns to STRs without publishing the meter comparisons or incident records needed to evaluate those connections.
BME is governed by Rio Grande County—not Town—STR requirements. Drought, water conservation, fire safety, parking, noise, and respect for private property deserve enforceable rules. The open question is whether the evidence supports a total ban rather than the regulatory alternatives BME's own committees have developed.
See the full timeline →Facts and updates every owner should know
STRs here are already regulated
BME is outside the Town of South Fork and is governed by Rio Grande County's vacation-rental program. The County requires a Temporary Use Permit, tax compliance, liability insurance, a local property manager, posted occupancy and rules, fire and carbon-monoxide safety measures, legal access, trash service, and on-property parking. BME may add enforceable community-specific rules.
BME has already considered rules-based alternatives
BME considered a rules-based option in 2020. An August 24 owner letter describes a later committee proposal: a $2,500 annual BME permit, water metering, a 180-night annual cap, and a three-night minimum stay, alongside County permitting. Read the attributed proposal.
A ban isn't the only option
Minimum-night rules, occupancy caps, quiet hours, parking limits, and owner registration address the same concerns — noise, parking, turnover — without eliminating a legal, already-regulated use. The 2020 committee developed a rules-based option; owners now point to more specific 2025 recommendations.
A high legal bar — and real risk
The July 4, 2026 annual-meeting minutes describe the amended process as requiring owner quorum and approval by at least two-thirds of votes cast. The exact procedure should be checked against the recorded Article XX amendment and the official ballot notice. Colorado courts have held generic "residential use only" language does not already ban STRs — which is why a permanent covenant amendment is required at all.
Owners are asking for the underlying records
The September owner update reports a request for the 2021 rental restriction, the reported 2023 withdrawal instrument, and the related settlement agreement. The documents are needed to establish the history and exact legal effect. Read the request summary.
Where we agree with the Board
Water is finite. Drought is serious. Owners deserve the evidence.
BME is a private community outside Town limits, with a finite water system. Conservation, fire safety, parking, quiet, and respect for neighbors all deserve enforceable rules. Owners should also receive the proposed covenant language, supporting records, and meaningful time to review and comment before voting.
Research on property values runs both ways, and no BME-specific study has been presented. These facts support proportionate, evidence-based rules; they do not by themselves establish that a permanent ban is necessary.
See the evidence owners need before voting →An outright ban
Removes a legal, permitted use for every BME owner — including second-home owners who rely on it. It requires a declaration amendment under the voting process described in the official amendment and ballot notice, stays open to court challenge and re-vote petitions, and walks away from a taxed, regulated use permanently.
Registration & rules
Quiet hours, occupancy caps tied to bedroom count, parking limits, a required local contact, and an enforcement deposit — addressing every concern the board has raised, while preserving owners' property rights.
Compare side by side →Make your voice heard
Watch for the board's official meeting notice, read the actual amendment language, and return your ballot either way. If you support regulating STRs instead of banning them, tell the board in writing before the vote — and add your name to the community petition.
