HomeMy WebLinkAbout20053749.tiff 3329111111IIIII11111119 21121111il dlol III I!cl��11111111
1 of 2 R 11.00 D 0.00 Steve Moreno Clerk& Recorder
QUITCLAIM DEED
THIS DEED, dated this /c• day of Set*evAb41 200b—, between FRANCISCO
GRANADOs, grantor; and PHEASANT MEADOWS OWNERS ASSOCIATION, INC., a Colorado
nonprofit corporation duly organized and existing under and by virtue of the laws of the State of
Colorado, grantee, whose legal address is 5995 West 26"' Street, Greeley, Colorado 8O634.
WITNESS, that the grantor, for valuable consideration, has remised, released, sold and
QUITCLAIMED, and by these presents does remise, release, sell and QUITCLAIM unto the
grantee, its successors and assigns forever, all the right, title, interest, claim and demand which the
grantor has in and to the real property, together with improvements, if any, situate, lying and
being in the County of Weld and State of Colorado, described as follows:
Outlot A of the Pheasant Meadow Minor Subdivision, Weld
Coupty, Colorado, a ording to the Plat thereof ecprded on
0� _] , 20O at Reception No. 33X:\43` , in the
records of the Clerk and Recorder of the County of Weld,
Colorado.
RESERVING, however, unto grantors, all right, title and interest in
and to all of the oil, gas and other minerals and mineral rights in and
under the lands described above.
TO HAVE AND TO BOLD the same, together with all and singular the appurtenances
and privileges thereunto belonging, or in anywise thereunto appertaining. and all the estate, right,
title, interest and claim whatsoever of the grantor, either in law or equity_ to the only proper use,
benefit and behoof of grantee, its successors and assigns forever.
IN WITNESS WHEREOF, the grantor has caused his name to be hereunto subscribed
the day and year first above written.
GRANTOR:
FRANCISCO GRANADos
zoo -32y
//- S- °'U N. /257
1111111 11111 11111 111111 111111 MI ER III 11111 IIII IIII
3329937 10/07/2005 02:52P Weld County, CO
2 of 2 R 11.00 D 0.00 Steve Moreno Clerk& Recorder
STATE OF COLORADO )
) ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me on the ( Ztkday of
St' , 20DS, by Francisco Granados.
WITNESS my Hand and Official Seal.
<<�My cot mission expires:
Notary ub ZINK b�3
'�•''•r rrtt
CF Ct\'‘Itfr
Quitclaim Deed - Page Two
Francisco Granados, grantor
Pheasant Meadows Owners Association.Inc,gantee
11111111111111111111111111111 ���� 111111III11111IIII1111
3329938 10/07/2005 02:52P Weld County, CO
1 of 46 R 231.00 D 0.00 Steve Moreno Clerk& Recorder
DECLARATION
OF
COVENANTS, CONDITIONS, AND RESTRICTIONS
FOR
PHEASANT MEADOW
Name of Common Interest Community: PHEASANT MEADOW
Name of Owners Association: PHEASANT MEADOW OwNERs ASSOCIATION, INC.
Declarant: FRANCISCO GRANAnos
Type of Common Interest Community: PLANNED Colvm2uNITY
J F'ORTEU eQPS
111111111U 1111111111111111111111111111111411111111der
3329938 10/0712005
2 of 46 R 231.00 D 0.00 Steve Moreno Clerk
TABLE OF CONTENTS
PREAMBLE 1
WITNESSETH 1
ARTICLE 1 - DEFINITIONS
1.1. Act 2
1.2. Agency 2
1.3. Architectural Design Standards 2
1.4. Articles 2
1.5. Annual Assessment 7
1.6. Assessments 2
1.7. Association 2
1.8. Association Documents 2
1.9. Builder . 2
1.10. Bylaws 2
1.1 I. Clerk and Recorder - 3
1.12. Common Elements 3
1.13. Common Expenses 3 --
1.14. Declaration 3
1.15. Executive Board 3
1.16. First Mortgage 3
1.17. First Mortgagee 4
1.18. Improvements 4
1.19. Lot 4
1.20. Manager 4
1.21. Member 4
1.22. Mortgage 4
1.23. Mortgagee 4
1.24. Notice 4
1.25. Owner 4
1.26. Parcel 5
1.27. Plat 5
1.28. Project 5
1.29. Property 5
1.30. Related User 5
1.31. Rules and Regulations 5
1.32. Single Family 5
1.33. Successor Declarant 5
1.34. Supplemental Declaration 5
ii
I 1511 11111 11111 111111 111111 1111 111111II11111111111111
3329938 10/07/2005 02:52P Weld County, CO -
3 of 46 R 231.00 D 0.00 Steve Moreno Clerk& Recorder
1.35. Supplemental Plat 5
1.36. Undefined Terms 5
137. Unit 5
ARTICLE 2 - NAME, PROPERTY SUBJECT TO THUS DECLARATION
AND ALLOCATION OF INTEREST
2.1. Name - 6
2.2. Existing Property 6
2.3. Expansion Property 6
2.4. Maximum Number of Units 6
2.5. Identification of Units 6
2.6. Description of Units 6
2.7. Allocation of Interests 6
ARTICLE 3 - MEMBERSHIP AND VOTING RIGHTS;
ASSOCIATION STRUCTURE AND OPERATIONS
3.1. Association Name 6
3.2. Transfer of Membership 6
3.3. Membership 7
3.4. Voting 7
3.5. Declarant Control 7
3.6. Books and Records • 7
3.7. Manager 7
3.8. Cooperation with Other Associations 7
3.9. Rights of Action 8
3.10. Implied Rights and Obligations 8
ARTICLE 4 - POWERS OF THE EXECUTIVE BOARD 8
ARTICLE 5 - MECHANICS' LIENS
5.1. No Liability 10
5.2. Indemnification 10
5.3. Association Action 10
ARTICLE 6 - EASEMENTS
6.1. Recorded Easements 10
6.2. Utility Easements 11
1111111 11111 11111 111111 111111 IIII EMI III 11111 NI III'
3329938 10/07/2005 02:52P Weld County, CO -
4 of 46 R 231.00 D 0.00 Steve Moreno Clerk& Recorder
6.3. Reservation of Easements, Exceptions and Exclusions 11
6.4. Use of Easement Area 11
6.5. Emergency Access Easement 11
ARTICLE 7 - MAINTENANCE
7.1. Maintenance by Owners 11
7.2. Maintenance by Association 11
7.3. Association Maintenance as Common Expense 12
ARTICLE 8 — INSURANCE
8.1. General Insurance Provisions 12
8.2. Property and Commercial General Liability Insurance 12
8.3. Fidelity Insurance 13
8.4. Workers' Compensation Insurance 13
8.5 Directors, Officers and Members Liability Insurance 13
8.6. Notice 13
8.7. Common Expenses 14
8.8. Other 14
ARTICLE 9 - ASSESSMENTS -
9.1. Obligation 14
9.2. Budget 14
9.3. Annual Assessments 14
9.4. Apportionment of Annual Assessments 15
9.5. Special Assessments 15
9.6. Default Assessments 15
9.7. Effect of Nonpayment; Assessment Lien 15
9.8. Personal Obligation 16
9.9. Payment by Mortgagee 16
9.10. Statement of Status of Assessment Payment 17
9.11. Maintenance of Accounts; Accounting 17
ARTICLE 10— RESERVED SPECIAL DECLARANT RIGHTS
10.1. Special Declarant Rights 17
10.2. Construction: Declarant's Easement 18
10.3. Declarant's Property 18
10.4. Limitations on Special Declarant Rights 18
10.5. Interference With Special Declarant Rights 18
10.6. Rights Transferable 18
iv
1 11111 11111 111111 111111 1111111111II 11111111111111
3329938 10/07/2005 02:52P Weld County, CO
5 of 46 R 231.00 D 0.00 Steve Moreno Clerk& Recorder
ARTICLE 11 -ARCHITECTURAL REVIEW
AND OTHER RESTRICTIONS
11.1. Association Power 18
11.2. Review 18
11.3. No Review 19
11.4. Membership of Architectural Review Committee 19
11.5. Plan Review Procedure 20
11.6. Notice of Completion 21
11.7. Remedies Upon Noncompliance 21
11.8. Authority to Hire, Assess Costs, and Raise Funds 22
11.9. Records 22
11.10. Restrictions on Use 22
11.11. Waivers; No Precedent 31
ARTICLE 12 -MORTGAGEE'S RIGHTS
12.1. Distribution of Insurance or Condemnation Proceeds 31
12.2. Right to Pay Taxes and Charges . 31
12.3. Audited Financial Statement 31
12.4. Notice of Action 31
12.5. Action by Mortgagee 32 :-
ARTICLE 13 -DURATION OF COVENANTS
AND AMENDMENT
13.1. Term 32
13.2. Amendment 32
13.3. Declarant Rights 32
13.4. Execution of Amendments 32
13.5. Revocation 33
ARTICLE 14 - WELD COUNTY'S RIGHT TO FARM
14.1. Rural Weld County 33
14.2. Agricultural Uses 33
14.3. Rural Services 33
14.4. Parental Supervision 34
v
I IIIMI 1111111111111111111111 IIII 111111 III 11111 IIII IIII
3329938 10/07/2005 02:52P Weld County, CO -
6 of 46 R 231.00 D 0.00 Steve Moreno Clerk & Recorder
ARTICLE 15 - GENERAL PROVISIONS
15.1- Restriction on Declarant Powers 34
15.2. Enforcement 34
15.3. Registration of Mailing Address 34
15.4. Limitation on Liability 34
15.5. No Representations or Warranties 34
15.6. Disclaimer Regarding Safety 35
15.7. Severability 35
15.8. Conflicts Between Documents 35
15.9. Conflict With Act 35
EXHIBIT A
LEGAL DESCRIPTION 37
EXHIBIT B
MINIMUM ARCHITECTURAL DESIGN STANDARDS 38
EXHIBIT C
LIHN HOLDER'S CONSENT 40
vi
1111111 11111 11111 111111 111111 1111 1111 11 I I 1 //11111111111
3329938 10/07/2005 02:52P Weld County, CO
7 of 46 R 231.00 D 0.00 Steve Moreno Clerk & Recorder
DECLARATION OF
COVENANTS, CONDITIONS, AND RESTRICTIONS
FOR
Pheasant Meadow
(A Common Interest Community)
PREAMBLE
THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS (the
"Declaration") is made on the date hereinafter set forth by FRANCISCO GRANADOS, hereinafter
referred to as "Declarant."
WITNESSETH :
WHEREAS, Declarant is the owner of a parcel of land located in the County of Weld, State
of Colorado, as described on Exhibit A attached hereto.
WHEREAS, this Declaration is executed pursuant to and in furtherance of a common and
general plan: (i) to protect and enhance the quality, value, desirability, and attractiveness of all
property that may be subject to this Declaration; (ii) to provide for an Association as a vehicle to
perform certain functions for the benefit of Owners of Property which may become subject to this
Declaration; (iii) to define duties, powers, and rights of the Association; and (iv) to define certain
duties, powers, and rights of Owners of Property subject to this Declaration with respect to the
Association and with respect to the functions undertaken by the Association.
NOW THEREFORE, Declarant for itself, its successors and assigns, hereby declares that all
property herein or hereafter made subject to this Declaration,in the manner hereinafter provided, and
each part thereof shall, from the date the same becomes subject to this Declaration, be owned, held,
transferred, conveyed, sold, leased, rented, hypothecated, encumbered, used, occupied, maintained,
altered, and improved subject to the covenants, conditions, restrictions, limitations, reservations,
exceptions, equitable servitudes, and other provisions set forth in this Declaration for the duration
thereof., all of which shall run with the title to such property and be binding upon all parties having
any right, title, or interest in said property or any part thereof and upon their heirs, personal
representatives, successors, and assigns and shall inure to the benefit of each party having any such
right, title, or interest in said property or any part thereof.
1
1111111 11111 11111 111111 111111 1111 DOR 1111111111111
3329938 10/07/2005 02:52P Weld County, CO
8 of 46 R 231.00 D 0.00 Steve Moreno Clerk& Recorder
ARTICLE 1 -- DEFINITIONS
The following words when used in this Declaration or any Supplemental Declaration, the
Articles of Incorporation or any Amendments thereto, and the Bylaws or any Amendments thereto,
shall have the following meanings:
1.1. Act shall mean and refer to the Colorado Common Interest Ownership Act found in
Title 38 of the Colorado Revised Statutes. Any reference in the Association Documents to the Act
or a section of the Act shall refer to the Act as presently enacted or subsequently amended.
1.2. Agency shall mean any agency or corporation that purchases or insures residential
mortgages.
1.3. Architectural Design Standards shall mean design standards adopted by the
Architectural Review Committee from time to time that govern the quality of workmanship, color
of materials, harmony of external design with existing structures, and location with respect to
topography and finish grade elevation and the master drainage plan and all other appearances of
buildings and structures in the Project. The Minimum Architectural Design Standards are set forth
in Exhibit B attached hereto.
1.4. Articles shall mean the Articles of Incorporation for Pheasant Meadow Owners
Association, Inc., a Colorado nonprofit corporation, and any amendments that may be made to those
Articles from time to time.
1.5. Annual Assessment shall mean the Assessment levied pursuant to an annual budget.
1.6. Assessments shall mean the Annual, Special, and Default Assessments levied pursuant
to the terms of this Declaration. Assessments are also referred to as a Common Expense liability as
defined under the Act.
1.7. Association shall mean Pheasant Meadow Owners Association, Inc., a Colorado
nonprofit corporation, and its successors and assigns.
1.8. Association Documents shall mean this Declaration and any Supplemental
Declaration, the Articles of Incorporation, the Bylaws, the Plat and any procedures, rules,
regulations, Architectural Design Standards, or policies adopted under such documents by the
Association.
1.9. Builder shall mean any person who acquires from Declarant one or more Lots for the
purpose of constructing thereon a building and selling such building, together with the Lot upon
which it is situated to any member of the general public.
1.10. Bylaws shall mean the Bylaws adopted by the Association, as amended from time to
time.
2
11111111111111111I�IIII1111 ���! J III I1 11111 1
3329938
9 of 46 1 231.00 D 0.00 Steve Moreno Clerk& Recorder
1.11. Clerk and Recorder shall mean the office of the Clerk and Recorder in the County of
Weld, State of Colorado
1.12. Common Elements shall mean all real and personal property, including water rights,
and including all Common Elements as designated on the Plat, now or hereafter owned by the
Association for the common use and enjoyment of the Owners. Common Elements shall also mean
and refer to any and all personal property and Improvements owned or leased by the Association and
shall include, by way of example but without limitation, any exterior signage which identifies the
subdivision, the bus stop, exterior lighting, irrigation systems (including ditches and culverts),
recreation equipment, and any other personal property owned by the Association. The Common
Elements are to be devoted to the common use and enjoyment of the Owners (subject to the
provisions hereof) and are not dedicated for use by the general public except as indicated on the
subdivision Plat and the real estate records of the Clerk and Recorder of Weld County, Colorado.
Common Elements shall be owned by the Association. In no event shall the Common Elements fail
to be transferred to the Association on a date which is not later than sixty (60) days after the
completion of the transfer of all Lots from the Declarant or the Declarant's successors and assigns
to third party purchasers.
Each Owner and members of the Owner's family residing on the Project may use the
appurtenant Common Elements in accordance with the purpose for which they are intended, without
hindering or encroaching upon the lawful rights of any of the other Owners. The Executive Board
may adopt Rules and Regulations governing the use of the Common Elements, but such Rules and =-
Regulations shall be uniform and nondiscriminatory. Each Owner, by the acceptance of his or her
deed or other instrument of conveyance or assignment and such Owner's guests agree to be bound
by any such adopted Rules and Regulations.
1.13. Common Expenses shall mean: (i) all expenses expressly declared to be common
expenses by this Declaration or by the Bylaws of the Association; (ii) all other expenses of
administering, servicing, conserving, managing, maintaining, repairing, or replacing the Common
Elements; (iii)insurance premiums for the insurance required or permitted under this Declaration;and
(iv) all expenses lawfully determined to be Common Expenses by the Executive Board. Common
Expenses benefitting fewer than all the Units may, in the discretion of the Executive Board, be
assessed exclusively against those Units benefitted.
1.14. Declaration shall mean this Declaration and the Plat and amendments and supplements
to the foregoing.
1.15. Executive Board shall mean the governing body of the Association.
1.16. First Mortgage shall mean any Mortgage that is not subject to any monetary lien or
encumbrance except liens for taxes or other liens that are given priority by statute.
3
1111111 11111 IIIII 111111 111111 IIII 111111 III 111111 III 1111
3329938 10/07/2005 02:52P Weld County, CO -
10 of 46 R 231.00 D 0.00 Steve Moreno Clerk& Recorder
1.17. First Mortgagee shall mean any person named as a Mortgagee or beneficiary in any
First Mortgage, or any successor to the interest of any such person under such First Mortgage.
1.18. Improvements shall mean and refer to all improvements now or hereafter constructed
including, without limitation, all buildings, exterior lighting,signs,benches,walks, driveways,patios,
decks, sheds, hot tubs, pools, landscaping (including pasture grass), fencing, irrigation and drainage
systems (including ditches and culverts), site grading, and parking areas within the Project.
1.19. Lot shall mean and refer to any numbered area of land designated for separate
ownership or occupancy as shown on the recorded Plat. Lot shall also mean a"Unit" as defined in
C.R.S. § 38-33.3-103 as originally enacted or subsequently amended. Lot shall not include any
Common Elements including outlots.
1.20. Manager shall mean a person or entity engaged by the Association to perform certain
duties, powers, or functions of the Association, as the Executive Board may authorize from time to
time.
1.21. Member shall mean and refer to every person or entity that holds membership in the
Association by virtue of the ownership of a Unit.
1.22. Mortgage shall mean any mortgage, deed of trust or other document pledging any
Residential Unit or interest therein as security for payment of a debt or obligation.
1.23. Mortgagee shall mean any person named as a mortgagee or beneficiary in any
Mortgage, or any successor to the interest of any such person under such Mortgage.
1.24. Notice shall mean and refer to: (i) written notice hand delivered or sent by prepaid
United States mail to the mailing address of a Unit or to any other mailing address designated in
writing by the Unit Owner or to the last known address of the intended recipient, or (ii) notice
through an Association publication which is hand delivered or sent by prepaid United States mail to
the Units; or (iii) notice delivered by electronic mail or facsimile to an Owner at the electronic mail
address or facsimile number designated by the Owner.
1.25. Owner shall mean any person, corporation, partnership, association, contract seller,
or other legal entity or any combination thereof;including Declarant,who owns the record fee simple
interest in a portion of one or more Lots and shall include the purchaser under any executory land
sales contract wherein the Administrator of Veterans' Affairs is the seller, whether or not recorded,
and whether owned by said Administrator or his assigns. The term Owner shall include any grantee,
transferee, heir, successor, personal representative, executor, administrator, devisee, and assign of
any Owner but shall not refer to any Mortgagee as herein defined or other person or entity having an
ownership interest in any portion of a Lot merely as security for the performance of an obligation,
unless such Mortgagee has acquired title pursuant to foreclosure or any proceeding in lieu of
foreclosure.
4
11111I 1111 IIIII 111111111111 IIII 111111 III It III IIII
3329938 10/07/2005 02:52P Weld County, CO
11 of 46 R 231.00 D 0.00 Steve Moreno Clerk & Recorder
1.26. Parcel shall mean each platted, numbered, and recorded division of vacant land as
depicted on the Plat.
1.27. Plat shall mean that part of this Declaration that is a land survey Plat recorded in the
real estate records of Weld County, Colorado, depicting any portion of the Property subject to this
Declaration.
1.28. Project shall mean the common interest community created by this Declaration and
as shown on the Plat.
1.29. Property shall mean the real property described in Exhibit A.
1.30. Related User shall mean any member of the family of an Owner who resides with such
Owner, guests and invitees of an Owner, employees and agents of an Owner, and occupants,tenants,
and contract purchasers residing in a Unit.
1.31. Rules and Regulations shall mean those rules and regulations as may be adopted by
the Board of Directors for the management, preservation, safety, control and orderly operation of the
Project and governing the use of the Common Elements provided, however, that such Rules and
Regulations shall be uniform and nondiscriminatory. Copies of all such Rules and Regulations shall
be furnished to Owners prior to the time that they become effective.
1.32. Single Family shall mean an individual living alone, or any number of persons living
together as a single household who are interrelated by blood, marriage, adoption or other legal
custodial relationship; or not more than two (2) unrelated adults and any number of persons related
to those unrelated adults by blood, adoption, guardianship or legal custodial relationship.
1.33. Successor Declarant shall mean any person or entity to whom Declarant assigns any
or all of its rights, obligations, or interest as Declarant, as evidenced by an assignment or deed of
record executed by both Declarant and the transferee or assignee and recorded with the Clerk and
Recorder.
1.34. Supplemental Declaration shall mean an instrument which amends this Declaration.
1.35. Supplemental Plat shall mean a supplemental plat of the Project which depicts any
change in the Project through a Supplemental Declaration.
1.36. Undefined Terms. Each term not otherwise defined in this Declaration, including the
Plat, shall have the same meaning specified or used in the Act.
1.37. Unit shall mean a physical portion of the common interest community which is
designated for separate ownership or occupancy as shown on the recorded Plat. Unit shall not
include any Common Elements including outlots.
5
MID 11111 11111 111111 111111 1111 111111111 111111 III IIII
3329938 10/07/2005 02:52P Weld County, CO
12 of 46 R 231.00 D 0.00 Steve Moreno Clerk& Recorder
ARTICLE 2 - NAME. PROPERTY SUBJECT TO THIS DECLARATION
AND ALLOCATION OF INTERESTS
2.1. Name. The name of the Project is Pheasant Meadow. The Project is a planned
community pursuant to the Act.
2.2. Existing Property. The real property which is and shall be held, transferred, sold,
conveyed, and occupied subject to this Declaration is located in Weld County, Colorado, and is more
particularly described on Exhibit A.
23. Expansion Property. The real property which is and shall be held, transferred, sold,
conveyed, and occupied subject to this Declaration may only be expanded as set forth in the Act.
2.4. Maximum Number of Units. Declarant reserves the right to create up to a total of
four (4) Units.
2.5. Identification of Units. The identification number of each Unit is shown on the Plat.
2.6. Description of Units. Each Unit presently consists of surveyed and platted
undeveloped vacant land.
2.7. Allocation of Interests. The Common Expense liability and voting in the Association
are allocated to each Unit as follows:
a. The percentage of liability for Common Expenses shall be determined by using
a formula in which the numerator is one (1) and the denominator is the total
number of Units subject to this original Declaration, or subject to this
Declaration from time to time; and
b. There shall be one (1) vote per Unit.
ARTICLE 3 - MEMBERSHIP AND VOTING RIGHTS;
ASSOCIATION STRUCTURE AND OPERATIONS
3.1. Association Name. The name of the Association shall be Pheasant Meadow
Homeowners Association, Inc.. Every Owner of a Unit shall be a Member of the Association.
Membership shall be appurtenant to and may not be separated from ownership of a Unit.
3.2. Transfer of Membership. An Owner shall not transfer, pledge, or alienate their
membership in the Association in any way, except upon the sale or encumbrance of their Unit and
then only to the purchaser or Mortgagee of their Unit. The Association shall not create a right of first
refusal on any 'Unit and Owners may transfer ownership of their Units free from any such right.
6
11111111111111111111111111111 IIII IIIIII III IIIIII III VIII
3329938 10/07/2005 02.52P Weld County, CO
13 of 46 R 231.00 D 0.00 Steve Moreno Clerk & Recorder
3.3. Membership. The Association shall have one class of membership consisting of all
Owners, including the Declarant so long as Declarant continues to own an interest in a Unit. Except
as otherwise provided for in the Association Documents, each Member shall be entitled to vote in
Association matters as set forth in this Declaration and the Bylaws. Each Owner,including Declarant
while Declarant owns any Unit, is subject to all the rights and duties assigned to Owners under the
Association Documents.
3.4. Voting. There shall be one vote per Unit.
3.5. Declarant Control. Declarant shall be entitled to appoint and remove the members
of the Association' s Executive Board and officers of the Association to the fullest extent permitted
under the Act and as set forth in the Association Documents. Declarant may voluntarily relinquish
such power by recording a notice executed by Declarant with the Clerk and Recorder but, in such
event, Declarant may at its option require that during the period Declarant would otherwise be
entitled to appoint and remove directors and officers. specified actions of the Association or the
Executive Board as described in the recorded notice be approved by Declarant before they become
effective.
3.6. Books and Records. The Association shall make available for inspection, upon
request, during normal business hours or under other reasonable circumstances, to Owners and to
Mortgagees, current copies of the Association Documents and the books, records, and financial -
statements of the Assoc ation prepared pursuant to the Bylaws. The Association may charge a
reasonable fee for copying such materials.
3.7. Manager. The Association may employ or contract for the services of a Manager to
whom the Executive Board may delegate certain powers, functions, or duties of the Association, as
provided in the Bylaws of the Association. The Manager shall not have the authority to make
expenditures except upon prior approval and direction by the Executive Board.
3.3. Cooperation with Other Associations. The Association shall have the right and
authority at any time,from time to time, to enter into agreements and otherwise cooperate with other
homeowner associations) and/or any district(s), to share the costs and/or responsibility for any
maintenance, repair, replacement or other matters, to perform maintenance, repair or replacement
for any person(s) in consideration of payment or reimbursement therefor, to utilize the same
contractors, subcontractors, managers or others who may perform services for the Association, any
other homeowner association(s) and/or any district(s), or to otherwise cooperate with any other
homeowner association(s) and/or any district(s) in order to increase consistency or coordination,
reduce costs, or as may otherwise be deemed appropriate or beneficial by the Executive Board in its
discretion from time to time. The costs and expenses for all such matters, if any, shall be shared or
apportioned between the Association and/or any other homeowner association(s) and/or any
district(s), as the Executive Board may determine in its discretion from time to time. Additionally,
the Association shall have the right and authority at any time, from time to time, to enter into
7
Ililll Inn 111111 III MEI IIII
3329938 10/07/2005 02:52P Weld County, CO
14 of 46 R 231.00 0 0.00 Steve Moreno Clerk& Recorder
agreements and otherwise cooperate with any other homeowner association(s) and/or any district(s)
to collect assessments, other charges or other amounts which may be due to such entity and to permit
any such entity to collect assessments, other charges or other amounts which may be due to the
Association: in any such instance, the Association shall provide for remittance to such entity of any
amounts collected by the Association or to the Association of any amounts collected by such entity.
3.9. Rights of Action. The Association on behalf of itself and any aggrieved Owner, shall
be granted a right of action against any and all Owners for failure to comply with the provisions of
the Association Documents, or with decisions of the Executive Board made pursuant to authority
granted to the Association in the Association Documents. In any action covered by this section, the
Association or any Owner shall have the right, but not the obligation, to enforce the Association
Documents by any proceeding at law or in equity, or as set forth in the Association Documents, or
by mediation or binding arbitration if the parties so agree. The prevailing party in any arbitration or
judicial relief shall be entitled to reimbursement from the non-prevailing party or parties, for all
reasonable costs and expenses, including attorney fees in connection with such arbitration or judicial
relief Failure by the Association or by any Owner to enforce compliance with any provision of the
Association Documents shall not be deemed a waiver of the right to enforce any provision thereafter.
3.10. Implied Rights and Obligations. The Association may exercise any right or privilege
expressly granted to the Association in the Association Documents, by the Act, and by the Colorado
Revised Nonprofit Corporation Act.
ARTICLE 4 — POWERS OF THE EXECUTIVE BOARD
4.1. Powers. Except as provided in the Bylaws and the Act,the Executive Board may act
in all instances on behalf of the Association, to:
a. Adopt and amend bylaws and rules and regulations and Architectural Design
Standards;
b. Adopt and amend budgets for revenues,expenditures and reserves, and collect
Assessments;
c. Hire and terminate managing agents and other employees, agents, and
independent contractors;
d. Institute, defend, or intervene in litigation or administrative proceedings in its
own name on behalf of itself or two or more Owners on matters affecting the
Project;
e. Make contracts and incur liabilities;
8
1 111111 11111 11111 111111 111111 IIII IIIIII III 111111 III IIII
3329938 10/07/2005 02:52P Weld County, CO
15 of 46 R 231.00 D 0.00 Steve Moreno Clerk& Recorder
f. Regulate the use, maintenance, repair, replacement, and modification of -
Common Elements, if any;
g. Cause additional Improvements to be made as a pan of the Common
Elements, if any;
h. Acquire,hold,encumber, and convey in the name of the Association any right,
title, or interest to real or personal property, except that Common Elements,
if any, may be conveyed or subjected to a security interest only if Members
entitled to cast at least eighty percent (80%) of the votes agree to that action;
notwithstanding the foregoing,the Association may dedicate or transfer all or
any portion of the common area to any governmental authority;
i. Grant easements, leases, licenses, and concessions through or over the
Common Elements, if any;
j. Annex additional property, pursuant to the terms of this Declaration;
I{ Impose and receive any payments, fees or charges for the use, rental, or
operation of the Common Elements, if any;
1. Impose charges for late payment of Assessments, recover reasonable attorney
fees and other legal costs for collection of Assessments and other actions to
enforce the power of the Association, regardless of whether or not suit was
initiated, and after Notice and opportunity to be heard, levy reasonable fines
for violations of the Association Documents;
m. Impose reasonable charges for the preparation and recordation of amendments
to the Declaration or statements of unpaid Assessments;
n. Provide for the indemnification of its officers and Executive Board and
maintain directors' and officers' liability insurance;
o. Assign its right to future income, including the right to receive Assessments;
p. Exercise any other powers conferred by the Declaration or Association
Bylaws;
q. Exercise all other powers that may be exercised in this state by legal entities
of the same type as the Association;
9
1111111 11111 I I I I 1111 111111 1111 111111 I I 1111111 I I 11111
3329938 10/07/2005 02:52P Weld County, CO
16 of 46 R 231.00 D 0.00 Steve Moreno Clerk& Recorder
r. Delegate powers to a mast= association as provided in C.R.S. §38-33.3-220.
If powers are delegated to a master association, the executive board of the
master association must be elected pursuant to C.R.S. §38-33.3-220.
s. Merge or consolidate the project with another common interest community
of the same form of ownership.
t. Exercise any other powers necessary and proper for the governance and
operation of the Association.
ARTICLE 5 - MECHANICS' LIENS
5.1. No Liability. If any Owner shall cause any material to be furnished to their Unit or
any labor to be performed therein or thereon, no Owner of any other Unit shall under any circum-
stances be liable for the payment of any expense incurred or for the value of any work done or
material furnished. All such work shall be at the expense of the Owner causing it to be done, and
such Owner shall be solely responsible to contractors, laborers, materialmen, and other persons
furnishing labor or materials to their Unit.
5.2. Indemnification. If, because of any act or omission of any Owner, any mechanic's
or other lien or order for the payment of money shall be filed against the Common Elements, if any, --
or the Association (whether or not such lien or order is valid or enforceable as such), the Owner
whose act or omission forms the basis for such lien or order shall at his own cost and expense cause
the same to be canceled and discharged of record or bonded by a surety company reasonably
acceptable to the Association, or to such other Owner or Owners, within twenty(20) days after the
date of filing thereof, and further shall indemnify and hold all the other Owners and the Association
harmless from and against any and all costs, expenses, claims, losses, or damages including, without
limitation, reasonable attorney fees resulting therefrom.
5.3. Association Action. Labor performed or materials furnished for the Common
Elements, if any, if duly authorized by the Association in accordance with this Declaration or its
Bylaws, shall be the basis for the filing of a lien pursuant to law against the Common Elements, if any.
Any such lien shall be limited to the Common Elements, if any, and no lien may be effected against
an individual Unit or Units.
ARTICLE 6 - EASEMENTS
6.1. Recorded Easements. The Property shall be subject to all easements as shown on any
Plat, those of record, those provided in the Act (including easements for encroachment set forth in
Section 214 of the Act and an easement for maintenance of any such encroachment), and otherwise
as set forth in this Article.
10 •
111111111111111111111111111111111111111 III 111111 III 1111
3329938 10/07/2005 02:52P Weld County, CO
17 of 46 R 231.00 D 0.00 Steve Moreno Clerk& Recorder
6.2. Utility Easements. There is hereby created an easement as denoted on the Plat for
ingress and egress, installation, replacing, repairing and maintaining all utilities, including, but not
limited to water, sewer, gas, telephone, cable TV, electricity, drainage, and fences. Said easement
includes future utility services not presently available to the Units which reasonably may be required
in the future. By virtue of this easement, it shall be expressly permissible for the companies providing
utilities to erect and maintain the necessary equipment within such easement on any of the Units.
6.3. Reservation of Easements, Freeptions and Exclusions. The Association is hereby
granted the right to establish from time to time, by declaration or otherwise, utility and other
easements, permits, or licenses over the Common Elements and Lots, for the best interest of all the
Owners and the Association. However, no such easement shall unreasonably interfere with an
Owner's use of their Lot. Each Owner is hereby granted a perpetual non-exclusive right of ingress
to and egress from the Owner's Unit over and across the Common Elements appurtenant to that
Owner's Unit, which right shall be appurtenant to the Owner's Unit, and which right shall be subject
to limited and reasonable restriction on the use of Common Elements, if any, set forth in writing by
the Association.
6.4. Use of Easement Area. Within reserved easements, as shown on recorded Plats, or
herein reserved, there shall be no structure, tree or shrub planting, or any other material installation
which may damage or interfere with the installation or maintenance of utilities such as plumbed gas
or water lines, wired electrical, cable television, or telephone utility lines. A Unit Owner shall not
alter, inhibit, or change the direction of water flow in drainage channels established in said easements
or in any way that discharges drainage onto adjacent Units. The easement area of each Unit and all
Improvements in it, including fences, shall be maintained continuously in good repair by the Owner
of said Unit, except for those Improvements for which a public utility shall be responsible. It shall be
the responsibility of the Unit Owner to notify with due speed the appropriate public utility of any
known flaws, defects, or damage to any utility Improvements on said Owners Unit.
6.5. Emergency Access Easement. A general easement is hereby granted to all police,
sheriff, fire protection, ambulance,and other similar emergency agencies or persons to enter upon the
Property in the proper performance of their duties.
ARTICLE 7 — 1VIALNTENANCE
7.1. Maintenance by Owners. Each Owner shall maintain and keep in repair his Unit,
landscaping, fencing and any structures or buildings thereon, including the fixtures thereof to the
extent current repair shall be necessary in order to avoid damaging other Units and to maintain a good
appearance for the Project.
7.2. Maintenance by Association(except as set forth in Article 7,§7.1). The Association
shall be responsible for the maintenance and repair of the Common Elements as shown on the Plat,
and such maintenance and repair shall be the Common Expense of all Owners. This maintenance of
11
In' 11111 11111 111111 E IIE 111111111 111111 1111111
3329938 10/07/2005 02:52P Weld County, CO
18 of 46 R 231.00 D 0.00 Steve Moreno Clerk& Recorder
the Common Elements shall include, but shall not be limited to, upkeep, repair and replacement of
all landscaping, walls, fences, gates, signage, irrigation systems, and Improvements located in the
Common Elements. The Association shall maintain Pheasant Meadow Lane. A plan shall be •
developed by the Association to maintain roadways within the subdivision,especially during inclement
weather conditions for emergency vehicles. In the event the Association does not maintain or repair
the Common Elements, Declarant shall have the right, but not the obligation, to do so at the expense
of the Association.
7.3. Association Maintenance as Common Expense. The cost of maintenance and repair
by the Association shall be a Common Expense of all of the Owners, to be shared by each Owner
equally. If maintenance is necessitated by damage caused by the negligence, misuse, or tortuous act
of an Owner or Owner's agent, then the person or Owner causing the damage shall be responsible
for the repair and expense.
ARTICLE 8 - INSURANCE
8.1. General Insurance Provisions. The Association shall acquire and pay for, out of the
Assessments levied in accordance with this Declaration, any insurance policies required by the Act
and such other insurance as the Executive Board may, within its discretion, determine. Such
insurance required by this Article or the Act shall conform to the requirements set forth in C.R.S.
§38-33.3-313(4)(a)-(d) which are as follows:
a. Each Unit Owner is an insured person under the policy with respect to liability
arising out of such Unit Owner's interest in the Common Elements or
membership in the Association.
b. The insurer waives its rights to subrogation under the policy against any Unit
Owner or member of his household.
c. No act or omission by any Unit Owner,unless acting within the scope of such
Unit Owner's authority on behalf of the Association, will void the policy or
be a condition to recovery under the policy.
d. If, at the time of a loss under the policy, there is other insurance in the name
of a Unit Owner covering the same risk covered by the policy, the
Association's policy provides primary insurance.
8.2. Property and Commercial General Liability Insurance. Commencing not later than
the time of the first conveyance of a Lot to a person other than Declarant, the Association shall
maintain, to the extent reasonably available:
12
111111111111 IIIII 111111111111 IIII 111111 III 111111 III IIII
3329938 10/07/2005 02:52P Weld County, CO
19 of 46 R 231.00 D 0.00 Steve Moreno Clerk & Recorder
a. Insurance on Common Elements. Property insurance on the Common
Elements and also on property that must become Common Elements for broad
form covered causes of loss, except that the total amount of insurance must
be not less than the full insurable replacement cost of the insured property less
applicable deductibles at the time the insurance is purchased and at each
renewal date, exclusive of land, excavations, foundations, and other items
normally excluded from property policies.
b. Commercial General Liability Insurance. Commercial general liability
insurance in a minimum amount of one million dollars ($1,000,000.00) or
otherwise larger amount deemed sufficient in the judgment of the Executive
Board against claims and liabilities arising in connection with the ownership,
existence, use, or management of the Common Elements, insuring the
Executive Board,the Association,the management agent,and their respective
employees, agents, and all persons acting as agents. The Declarant shall be
included as an additional insured in such Declarant's capacity as the Unit
Owner and board member. The Unit Owners shall be included as additional
insureds but only for claims and liabilities arising in connection with the
ownership, existence, use, or management of the Common Elements. The
insurance shall cover claims of one or more insured parties against other
insured parties.
•
8.3. Fidelity Insurance. Fidelity insurance or fidelity bonds may be maintained by the
Association to protect against dishonest acts on the part of its officers, directors, trustees,
independent contractors, employees, and on the part of all others, including any Manager hired by
the Association, who handle or are responsible for handling the funds belonging to or administered
by the Association. In addition, if responsibility for handling funds is delegated to a Manager, such
insurance must be obtained by or for the Manager and its officers, employees, and agents, as
applicable. Such fidelity insurance or bond shall name the Association as insured and shall contain
waivers of all defenses based upon the exclusion of persons serving without compensation from the
definition of"employees" or similar terms or expressions.
8.4. Workers' Compensation Insurance. The Executive Board shall obtain workers'
compensation or similar insurance with respect to its employees, if applicable, in the amounts and
forms as may now or hereafter be required by law.
8.5 Directors, Officers and Members Liability Insurance. The Association may maintain
liability coverage to protect Directors, Officers and Committee Members from any acts or omissions
committed in their capacity as a director, officers or committee member.
8.6. Notice. If any insurance required by this Article is not reasonably available, or if any
policy of such insurance is canceled or not renewed without a replacement policy therefore having
13
HBO 11111 11111111111 IIII 111111 III 1111111 II 1111
3329938 10/07/2005 02:52P Weld County, CO
20 of 46 R 231.00 0 0.00 Steve Moreno Clerk & Recorder
oeen obtained, the Association promptly shall cause notice of that fact to be hand delivered or sent _
prepaid by United States mail to all Unit Owners.
3.7. Common Expenses. Premiums for insurance that the Association acquires and other
expenses connected with acquiring such insurance are Common Expenses.
8.8. Other. An insurance policy issued to the Association does not obviate the need for
Owners to obtain insurance for their own benefit.
ARTICLE 9 — ASSESSMENTS
9.1. Obligation. Each Owner, including Declarant while an Owner of any Unit, is
obligated to pay to the Association: (i) the Annual Assessments; (ii) Special Assessments; and (iii)
Default Assessments.
9.2. Budget. Within ninety (90) days after the adoption of any proposed budget for the
Common Interest Community, the Executive Board shall mail, by ordinary first-class mail, or
otherwise deliver a summary of the budget to all Owners and shall set a date for a meeting of the
Owners to consider the budget. Such meeting shall occur within a reasonable time after mailing or
other delivery of the summary, or as allowed for in the Bylaws. The Executive Board shall give
notice to the Owners of the meeting as allowed for in the Bylaws. The budget proposed by the =-
Executive Board does not require approval from the Owners and it will be deemed approved by the
Owners in the absence of a veto at the noticed meeting by a majority of all Owners, whether or not
a quorum is present. In the event that the proposed budget is vetoed, the periodic budget last
proposed by the Executive Board and not vetoed by the Owners must be continued until a subsequent
budget proposed by the Executive Board is not vetoed by the Owners.
9.3. Annual Assessments. Annual Assessments made for Common Expenses shall be
based upon the estimated cash requirements as the Executive Board shall from time to time determine
to be paid by all of the Owners. Estimated Common Expenses shall include, but shall not be limited
to, the cost of routine maintenance and operation of the Common Elements, if any, expenses of
management and insurance premiums for insurance coverage as deemed desirable or necessary by the
Association, landscaping of the Property, care of grounds within the Common Elements, if any,
routine repairs, replacements and renovations within and of the Common Elements, if any, wages,
common water and utility charges for the Common Elements, if any, legal and accounting fees,
management fees, expenses and liabilities incurred by the Association under or by reason of this
Declaration, payment of any deficit remaining from a previous Assessment period, and the creation
of a reasonable and adequate contingency or other reserve or surplus fund for insurance deductibles
and general, routine maintenance, repairs and replacement of Improvements within the Common
Elements, if any, on a periodic basis, as needed.
Annual Assessments shall be payable in monthly installments or on such other dates as the
Executive Board determines. The omission or failure of the Association to fix the Annual
14
HIV 11111 111 111111 111111 III' 111111 III 1111111 111111
3329938 10/07/2005 02:52P Weld County, CO
21 of 46 R 231.00 D 0.00 Steve Moreno Clerk & Recorder -
Assessments for any Assessment period shall not be deemed a waiver, modification, or release of the
Owners from their obligation to pay the same. The Association shall have the right, but not the
obligation, to make prorated refunds of any Annual Assessments in excess of the actual expenses
incurred in any fiscal year
9.4. Apportionment of Annual Assessments. The Common Expenses shall be allocated
among the Lots on the basis of the allocated interest for Common Expenses in effect on the date of
Assessment, provided however that the Association reserves the right to allocate all expenses related
to fewer than all of the Lots to the Owners of those affected Lots only. Notwithstanding the
foregoing, the amount of Annual Assessment against Lots on which a certificate of occupancy has
not been issued may be set at a lower rate than the rate of Annual Assessment against those Lots on
which a certificate of occupancy has been issued pursuant to C.R.S. §38-33.3-315(3)(b), as amended,
since such Lots do not receive certain benefits including the same services as other Lots. The lower
rate of Assessment against such Lots shall be determined by the Board based upon the costs and
expenses of the services actually provided to such Lots.
9.5. Special Assessments. In addition to the Annual Assessments, the Association may
levy in any fiscal year one or more Special Assessments, payable over such a period as the
Association may determine, for the purpose of defraying, in whole or in part, the cost of any
construction or reconstruction, unexpected repair or replacement of Improvements within the
Common Elements, if any, or for any other expense incurred or to be incurred as provided in this
Declaration. This Section shall not be construed as an independent source of authority for the --
Association to incur expense, but shall be construed to prescribe the manner of assessing expenses
authorized by other sections of this Declaration. Any amounts assessed pursuant to this Section shall
be assessed to Owners according to their allocated interests for Common Expenses, subject to the
right of the Association to assess only against the Owners of affected Units any extraordinary
maintenance, repair or restoration work on fewer than all of the Units which shall be borne by the
Owners of those affected Units only, and any extraordinary insurance costs incurred as a result of the
value of a particular Owner's Unit or the actions of a particular Owner(or his agents, servants,guests,
tenants or invitees) shall be borne by that Owner. Notice in writing of the amount of such Special
Assessments and the time for payment of the Special Assessments shall be given promptly to the
Owners, and no payment shall be due less than ten (10) days after such notice shall have been given.
9.6. Default Assessments. All monetary fines assessed against an Owner pursuant to the
Association Documents, or any expense of the Association which is the obligation of an Owner or
which is incurred by the Association on behalf of the Owner pursuant to the Association Documents,
shall be a Default Assessment and shall become a lien against such Owner's Unit which may be
foreclosed or otherwise collected as provided in this Declaration. Notice of the amount and due date
of such Default Assessment shall be sent to the Owner subject to such Assessment at least ten (10)
days prior to the due date.
9.7. Effect of Nonpayment; Assessment Lien. Any Assessment installment, whether
pertaining to any Annual, Special, or Default Assessment, which is not paid on or before its due date
15
I111111111113 Ililfl III III{III II It3329938 10/07/2005 02:52P Weld County, le
22 of 46 R 231.00 D 0.00 Steve Moreno Clerk& Recorder
shall be delinquent. If an Assessment installment becomes delinquent, the Association,in its sole .
discretion. may take any or all of the following actions:
a. Assess a late charge for each delinquency in such amount as the Association
deems appropriate;
b. Assess an interest charge from the due date at the yearly rate of eighteen
percent (18%), or such other lawful rate as the Executive Board may
establish;
c. Suspend the voting rights of the Owner during any period of delinquency;
d. Suspend the rights of the Owner, and the Owner's family, guests, lessees, and
invitees, to use Common Element facilities during any period of delinquency;
e. Accelerate all remaining Assessment installments so that unpaid Assessments
for the remainder of the fiscal year shall be due and payable at once;
f. Bring an action at law against any Owner personally obligated to pay the
delinquent Assessments; and
g. Proceed with foreclosure as set forth in more detail below.
Assessments chargeable to any Unit shall constitute a lien on such Unit. The Association may
institute foreclosure proceedings against the defaulting Owner's Unit in the manner for foreclosing
a mortgage on real property under the laws of the State of Colorado. In the event of any such
foreclosure, the Owner shall be liable for the amount of unpaid Assessments, any penalties and
interest thereon, the cost and expenses of such proceedings,the cost and expenses for filing the notice
of the claim and lien, and all reasonable attorney fees incurred in connection with the enforcement of
the lien. The Association shall have the power to bid on a Unit at foreclosure sale and to acquire and
hold, lease, mortgage, and convey the same. Liens for Assessments and their priority shall be as
provided in C.R.S. §38-333-316.
9.8. Personal Obligation. Each Unit Owner is liable for Assessments made against such
Owner's Unit during the period of ownership of such Unit. No Unit Owner may be exempt from
liability for payment of the Assessments by waiver of the use or enjoyment of any of the Common
Elements or by abandonment of the Unit against which the Assessments are made. Suit to recover
a money judgment for unpaid Assessments, any penalties and interest thereon, the cost and expenses
of such proceedings, and all reasonable attorney fees in connection therewith shall be maintainable
without foreclosing or waiving the Assessment lien provided in this Declaration.
9.9. Payment by Mortgagee. Any Mortgagee holding a lien on a Unit may pay any unpaid
Assessment payable with respect to such Unit, together with any and all costs and expenses incurred
16
HON 11111111111111111111111111111111III 1111111 111111
3329938 10/07/2005 02:52P Weld County, CO
23 of 46 R 231.00 D 0.00 Steve Moreno Clerk & Recorder
with respect to the lien, and upon such payment that Mortgagee shall have a lien on the Unit for the
amounts paid with the same priority as the lien of the Mortgage.
9.10. Statement of Status of Assessment Payment. Upon payment of a reasonable fee set
from time to time by the Executive Board, the Association shall furnish to a Unit Owner or such Unit
Owner's designee or to a holder of a security interest or its designee upon written request, delivered
personally or by certified mail, first-class postage prepaid, return receipt, to the Association's
registered agent or Manager, a written statement setting forth the amount of unpaid Assessments
currently levied against such Owner's Unit. The statement shall be furnished within fourteen (14)
calendar days after receipt of the request and is binding on the Association, the Executive Board, and
every Unit Owner. If no statement is furnished to the Unit Owner or holder of a security interest or
his or her designee, delivered personally or by certified mail,first-class postage prepaid, return receipt
requested, to the inquiring party, then the Association shall have no right to assert a lien upon the
Unit for unpaid Assessments which were due as of the date of the request.
9.11. Maintenance of Accounts;Accounting. If the Association delegates powers of the
Executive Board or its officers relating to collection,deposit,transfer, or disbursement of Association
funds to other persons or to a Manager, then such other persons or Manager must: (i) maintain all
funds and accounts of the Association separate from the funds and accounts of other associations
managed by the other person or Manager; (ii) maintain all reserve and working capital accounts of
the Association separate from the operational accounts of the Association, and (iii) provide to the
Association an annual accounting and financial statement of Association funds prepared by the --
Manager, a public accountant, or a certified public accountant.
ARTICLE 10 - RESERVED SPECIAL DECLARANT RIGHTS
10.1. Special Declarant Rights. Declarant reserves the Special Declarant Rights as defined
from time to time in the Act, including without limitation, the right or combination of rights as
follows:
a. To complete any Improvements indicated on the Plat;
b. To maintain sales offices, management offices, model homes, and signs
advertising the common interest community;
c. To use easements through the Common Elements and Lots for the purpose
of making Improvements within the common interest community;
d. Tr, appoint or remove any officer of the Association or any Executive Board
member during any period of Declarant control.
17
I Mill IIIII����t 111111111111�������������������l II III
3329938 10/07/2005
24 of 46 R 231.00 D 0.00 Steve Moreno Celd County, lerk & Recorder
10.2. Construction: Declarant's Easement. Declarant reserves the right tb perform
warranty work, repairs and construction in Units and Common Elements,to store materials in secure
areas, and to control and have the right of access to work and make repairs until completion. All
work may be performed by Declarant without the consent or approval of the Executive Board.
Declarant has an easement through the Common Elements as may be reasonably necessary for the
purpose of discharging Declarant's obligations or exercising Special Declarant Rights,whether arising
under the Act or reserved in this Declaration. This easement includes the right to convey access,
utility, and drainage easements to a governmental entity.
10.3. Declarant's Property. Declarant reserves the right to remove and retain all its
property used in the sales, management, construction, and maintenance of the property, whether or
not they have become fixtures.
10.4. Limitations on Special Declarant Rights. Unless terminated earlier by a document
executed by Declarant and recorded in the real estate records of Weld County, Colorado, any
reserved Development Rights and Special Declarant Rights may be exercised by Declarant, as long
as Declarant: (a) is obligated under any warranty or obligation; (b) holds a Development Right to
create additional Units or Common Elements; (c)owns any Unit;(d)owns any security interest in any
Unit; or (e) ten (10) years have elapsed after recording of this Declaration in the real estate records
of Weld County, Colorado Earlier termination of certain rights may occur in accordance with the
Act.
10.5. Interference With Special Declarant Rights. While the Declarant is entitled to
exercise its Special Declarant Rights,neither the Association nor any Unit Owner may take any action
or adopt any rule that will interfere with or diminish any Special Declarant Right without the prior
written consent of Declarant and any entity to whom Special Declarant Rights have been assigned.
10.6. Rights Transferable Any Special Declarant rights or other Declarant rights created
or reserved under this Declaration may be transferred by an instrument evidencing the transfer
recorded in Weld County, Colorado Such instrument shall be executed by the transferor, Declarant,
and the transferee.
ARTICLE 11 - ARCHITECTURAL REVIEW;
OTHER RESTRICTIONS
11.1. Association Power. The Association shall have the right and power to prohibit any
activities deemed unsafe, unsightly, unreasonably noisy or otherwise offensive to the senses and
perceptible from another Unit or the Common Elements, if any, by promulgating Rules and
Regulations which restrict or prohibit such activities.
11.2. Review. No buildings,structures or other Improvements including fences, driveways,
parking areas, and landscaping (including pasture grass) shall be planted, installed, constructed,
18
1111111 11111 11111 111111 D IIII 111111111 1111111 II IIII
3329938 10/07/2005 02:52P Weld County, CO
25 of 46 R 231.00 D 0.00 Steve Moreno Clerk & Recorder
modified, altered, repaired, or rebuilt. nor shall any other action be taken that alters the exterior
appearance ofthe Lot or Improvements, including lighting and color, unless first approved in writing
by the Architectural Review Committee. The Architectural Review Committee shall exercise
reasonable judgment to the end that all buildings, structures, modifications, alterations, or additions
to the Units conform to and harmonize with existing surroundings and structures. The Architectural
Review Committee has the absolute right to deny any requested landscaping, buildings, structures,
modifications, alterations, or additions which the Architectural Review Committee reasonably
determines do not conform to and harmonize with existing surroundings and structures.
11.3. No Review. Notwithstanding the foregoing,the following types of changes, additions,
or alterations do not require the approval of the Architectural Review Committee:
11.3. 1. Addition of plants to a Lot in accordance with a previously approved
Landscape Plan;
11.3.2.. Modification to the interior of a residence when those modifications
do not unduly affect the outside appearance of the structure;
11.3.3. Repainting or restaining of the exterior of the residence in the original
color;
113.4- Repairs to a structure in accordance with previously approved plans =-
and specifications;
113.5. Reroofing with roofing materials of the same, or better, quality and
color as original material; and
11.3.6. Seasonal decorations if removed promptly (within fifteen (15) days
following the holiday).
Although exempt from Architectural Review Committee review,all work must proceed in accordance
with all applicable law, codes, and regulations and the provisions of this Declaration.
11.4. Membership of Architectural Review Committee. The Architectural Review
Committee shall consist of three (3) members, all of whom shall be appointed by Declarant.
Declarant shall have the continuing right to appoint all three (3) members during the Appointment
Period (as hereafter defined). The Association shall have the right to appoint such members after the
end of the Appointment Period. The "Appointment Period" shall mean the period of time
commencing as of the date of recordation of this Declaration and continuing until the earliest to occur
of the following events: (a) when all Units in the Project have been conveyed to persons other than
Declarant and certificates of occupancy have been issued for the residences constructed thereon; (b)
ten (10) years after the date this Declaration is recorded; or (c) when, in its discretion, Declarant
voluntarily relinquishes such right. During the Appointment Period,Declarant shall not be obligated
to appoint members to the Architectural Review Committee. In such event,Declarant or Declarant's
designated representative shall exercise all rights and obligations of the Architectural Review
19
1 111111 11111 11111 111111 111111 IIII lift III1111111 11 1111
3329938 10/07/2005 02:52P Weld County, CO
26 of 46 R 231.00 D 0.00 Steve Moreno Clerk& Recorder
Committee as set forth in this Article. Members of the Architectural Review Committee may but shall
not necessarily be members of the Association. Members of the Architectural Review Committee to
be appointed by the Association shall be appointed by the Executive Board. Members of the
Architectural Review Committee appointed by the Executive Board may be removed at any time by
the Board, and shall serve for such term as may be designated by the Executive Board, or until
resignation or removal by the Board. During the Appointment Period, Declarant shall give the
Association written notice of the appointment or removal of any member of the Architectural Review
Committee. After the Appointment Period, the Association may at any time and from time to time
change the authorized number of members of the Architectural Review Committee. A majority of
the Architectural Review Committee shall constitute a quorum of the Committee, and a majority of
Committee members present at any meeting where a quorum is present shall be required for
Committee action. Notice of all Architectural Review Committee meetings shall be furnished to each
. member of the Committee.
11.5. Plan Review Procedure. Prior to commencement of any onsite work, the Owner or
such Owner's designated representative (hereinafter referred to as "Applicant") must obtain the
written approval of the Architectural Review Committee.
a. Plan Submittal. The Applicant must submit to the Architectural Review
Committee the following minimum items(in addition to other items which the
Architectural Review Committee deems necessary or advisable for it to act
under the circumstances):
(i) Site plan;
(ii) Complete construction plans;
(iii) Specifications, including color schemes and material samples for the
building, addition or alteration; and
(iv) Payment in full of all anticipated costs as set forth below.
(v) Landscape plan including types and quantity of plants, including
grasses
b. Plan Approval. Upon receipt by the Architectural Review Committee of all
items set forth above, the Architectural Review Committee shall thereafter
have thirty (30) days to furnish Applicant with written notice of approval or
rejection of the plans as submitted. The approval may contain certain
conditions including, but not limited to, deadlines for the completion of the
Improvements. If rejected, the Architectural Review Committee shall furnish
a written explanation of the basis for its rejection and shall,if practical,furnish
suggested modifications which would render the plans acceptable, subject to
resubmission for review and approval upon completion of any such
modifications. The Architectural Review Committee may condition its
20
111111111111111111111111111111111111111 III 1111111 II IIll
3329938 10/07/2005 02:52P Weld County, CO -
27 of 46 R 231.00 D 0.00 Steve Moreno Clerk& Recorder
approval upon certain modifications being made to the plans, in which event
such plans shall be deemed approved only upon submission to the
Architectural Committee of one (1) complete set of all revised plans fully
incorporated and reflecting all such required modifications.
c. Failure to Respond. If for any reason the Architectural Review Committee
has not responded to the Applicant in writing within the thirty(3 0) day period
as provided above, the Applicant shall notify the Architectural Review
Committee of such failure in writing by certified mail, return receipt
requested. Thereafter, unless the Architectural Review Committee finishes
written notice of approval or rejection as required above within fifteen (15)
days following receipt of said notice from the Applicant, the plans as
submitted shall be deemed approved. In the event the Architectural Review
Committee has notified Applicant of the necessity of submitting additional
documentation,the thirty(30)day and fifteen(15)day periods set forth above
shall not begin until Applicant has submitted all required documentation.
d. Dispute of Committee Action. If an Owner disputes the rejection of the
Owner's application or the conditions placed upon the approval of the
Owner's Application and files a lawsuit related to said dispute, the
Architectural Review Committee and the Association shall be entitled to
recover all costs and attorneys' fees incurred in connection with such suit -
unless a court determines the Architectural Review Committee or Association
actions were wanton and willful.
11.6. Notice of Completion. Upon completion of the construction, modification or
alteration of any Improvements,the Applicant shall furnish written notice to the Architectural Review
Committee of same. Thereafter, the Architectural Review Committee or its designee shall have the
right to inspect the Improvements to assure compliance with the approved plans and the Applicant
shall cooperate with the Architectural Review Committee or its designee to arrange the inspection.
If the Applicant fails or refuses to permit such inspection, or if upon inspection it is determined that
such Improvements do not comply with the approved plans, the Architectural Review Committee may
furnish Applicant with written notice of noncompliance and exercise all remedies permitted herein,
at law or in equity.
11.7. Remedies Upon Noncompliance. The Architectural Review Committee shall have
the right to inspect the work during and after the time the work is being performed. If at any time
the Architectural Review Committee determines an Owner or Applicant is not in compliance with the
Architectural Design Standards or approved plans, including without limitation the failure to submit
plans for approval prior to commencing any onsite work, the Architectural Review Committee shall
furnish notice of noncompliance to the Owner. Upon such notice,the Owner shall immediately cease
all work other than is required to bring the Improvements into compliance. If the Owner fails to
immediately cease all such work, or fails to bring the Improvements into such compliance within a
21
11111111111111111111111111111 ���� 111111 ��� 1111111 �� ����
3329938 10/07/2005 02:52P Weld County, CO -
28 of 46 R 231.00 D 0.00 Steve Moreno Clerk& Recorder
reasonable period of time not exceeding thirty (30) days, the Architectural Review Committee and
the Association shall have all rights and remedies available pursuant to this Declaration, at law or in
equity. Such rights and remedies include but are not limited to the following:
a. Injunctive Relief The Architectural Review Committee and the Association
may seek appropriate injunctive relief in order to compel the Owner to cease
all work and bring the Improvements into compliance or authorize the
Architectural Review Committee or the Association to undertake all steps and
actions, on the Owner's behalf and expense. Said expense shall be a personal
obligation of the Owner and a charge and lien against said Owner's Unit as
with Assessments as provided herein.
b. Damages,Costs,and Attorney Fees. The Architectural Review Committee
and the Association may recover from the Owner all damages, costs, and
att Drney fees suffered or incurred in connection with the existence or remedy
of any Improvements not in compliance with this Declaration, the
Architectural Design Standards or approved plans, as applicable. Said
damages, costs, and attorney fees shall be a personal obligation of the Owner
and a charge and lien against said Owner's Lot as with Assessments as
provided herein.
11.8. Authority to Hire, Assess Costs, and Raise Funds. The Architectural Review
Committee has the authority to hire or retain such professionals or other persons as it deems neces-
sary for the purposes described herein. The Architectural Review Committee shall also have the
power to require the Owner submitting matters to it for approval to pay reasonably necessary costs
of the submission prior to their review and as a necessary condition thereof Any excess funds shall
be returned, but the submitting Owner shall remain liable to pay any additional expense(s) if
prepayment is insufficient.
11.9. Records. The Architectural Review Committee shall maintain written records of all
applications submitted to it and all actions taken thereon for a period of five (5) years.
11.10. Restrictions on Use. Use and enjoyment of each Unit shall be subject to the following
restrictions:
a. Land Use. No Unit or portion thereof shall be used for any purpose other
than a Single Family residence. No group housing or board and care homes
shall be permitted.
b. No Further Subdivision. No Unit or any building shall be further subdivided
or separated into smaller units by any Owner, and no portion less than all of
any such Unit or building or any easement or other interest therein shall be
conveyed or transferred by an Owner, provided that this shall not prohibit
22
1111111 11111 11111 111111 111111 1111 111111II11111111111111
3329938 10/07/2005 02r Weld County, CO
29 of 46 R 231.00 D 0.00 Steve Moreno Clerk & Recorder
deeds of correction, deeds to resolve boundary line disputes, and similar
corrective instruments.
c. Nuisances. No noxious or offensive activity shall be carried on upon any
Unit, nor shall any thing be done thereon which may become an annoyance to
the neighborhood. No annoying light, sound, or odor shall be emitted from
any Unit onto any other Unit(s)which can be considered offensive or intrusive
to other Unit Owners or occupants. In order to keep light pollution to a
minimum, exterior lights should only be on when needed. Twenty-four (24)
hour vapor lights are prohibited. The Architectural Review Committee may
adopt Rules and Regulations concerning the type and hours of operation of
exterior lighting.
d. Discharge of Weapons. No person shall discharge, fire, or shoot any gun,
pistol, crossbow, bow and arrow, slingshot, or other firearm or weapon
whatsoever, including BB guns and pellet guns, within the Common Interest
Community. Notwithstanding the foregoing, the discharge of firearms or
weapons by any member of any law enforcement agency in the course of such
member's official duty shall not be deemed a violation of this provision.
e. Temporary Structures. No structures of a temporary character such as
trailers, mobile homes, tents, shacks, garages, barns, or other outbuildings --
shall be used on any Unit at any time as a residence either temporarily or
permanently.
f. Accessory Buildings. No accessory buildings, storage barns, or sheds shall
be constructed or moved onto any Unit without written consent of the
Architectural Review Committee. Said structures shall not be unreasonably
prohibited so long as full consideration is given to architectural integration of
materials, colors, and placement on the property.
g. Offsite Built Homes. No building built off-site in a factory or construction
yard including a building on a permanent chassis with a HUD (United States
Department of Housing and Urban Development) label, commonly referred
to as a "Mobile Home", shall be permitted.
h. Signs. No sign of any kind shall be displayed to the public view on any Unit
except customary name and address signs and one (1) "For Sale" sign
advertising the Unit for sale(not to exceed six(6) square feet) and such other
signs as specifically permitted by the Executive Board. In no event shall any
sign exceed the size limitation as provided in the Weld County Code, which
is currently thirty-two (32) square feet.
23
1111111 11111 11111 111111 111111 1111 1111I II 1111 111111111
3329938 10/07/2005 02:52P Weld County, CO -
30 of 46 R 231.00 D 0.00 Steve Moreno Clerk& Recorder
Oil, Gas, and Mining. No oil drilling, oil development ope"rations, oil -
refining, quarrying, or mining operations of any kind shall be permitted upon,
in or under any Unit. Nor shall any oil wells, tanks, tunnels, mineral
excavations, or shafts be permitted upon any Unit. No derrick or other
structures designed for use in boring for oil or natural gas shall be erected,
maintained, or permitted on any Unit.
j. Household Pets. Household pets such as dogs, cats, and such other
household pets which may be specifically approved from time-to-time by the
Executive Board, may be kept on a Unit provided, and unless otherwise
authorized by the Executive Board, no more than a total of four (4) such
household Pets (of which no more than three (3) shall be adult dogs) may be
kept on any Unit. The offspring of an owner's pet shall not be considered for
purposes of the number restrictions until they are six(6)months old. No such
household pets may be kept,bred, or maintained for any commercial purposes
and the manner of keeping such animals shall not be allowed to result in any
unsanitary conditions or a nuisance or annoyance to the occupants of other
Units. The Executive Board may adopt Rules and Regulations regarding the
type of animals recognized as household pets and requirements for keeping
such household pets on any Unit. Household pets shall be properly housed
and penned or fenced in enclosures approved by the Architectural Review
Committee. Animals shall not be permitted to roam onto other Units. No -
animals shall be allowed on the Common Elements except in strict compliance
with Rules and Regulations adopted by the Association. The Owners of a
Unit shall be responsible for any damage or injury caused by any animals
owned or kept by the Owners. Without limiting the foregoing, continuous
and/or frequent barking or howling by dogs is hereby defined as a nuisance.
k. Livestock. No more than a total of eight (8) animal units, as defined in the
Weld County Code, shall be permitted per lot. Only the following large
animals shall be permitted on a lot. A"large animal" is defined as one (1) of
the following adult animals: cow, horse, llama, vicuna, emu, ostrich, rhea, or
any other animal designated and approved from time-to-time by the Executive
Board. No small animals shall be kept on a lot except with the prior written
approval of the Executive Board. A"small animal" includes but is not limited
to sheep, goats, rabbits, chickens, ducks, geese, or other small poultry or
birds. Small animals shall be housed in adequate coops, hutches, or other
enclosures to protect them from predators. No swine or any animal not
included in the above lists may be kept on a Unit. No large or small animals
may be kept, bred, or maintained for any commercial purposes and the Units
shall not be used for feed yards,poultry farms,horse boarding and/or breeding
operations or other commercial or industrial type uses. The manner of
keeping large and/or small animals shall not be allowed to result in any
24
AID 11111IIIIIEDII1111111111DIIIIIIIII' 111111111
3329938 10/07/2005 02:52P Weld County, CO
31 of 46 R 231.00 D 0.00 Steve Moreno Clerk& Recorder
unsanitary conditions or a nuisance or annoyance to the occupants of other
Units. The Executive Board may adopt Rules and Regulations regarding the
type, quantity, and requirements for keeping large and small animals on any
Unit, and in doing so may take into consideration the vegetation and type of
irrigation available, the carrying capacity of the Unit, the type and necessity
of shelter for the animals, the manner in which the Lot Owner has maintained
the vegetation and control of weeds on the Unit, and such other
considerations as the Executive Board may deem germane. Any decision by
the Executive Board regarding the type and number of animals which may be
kept upon a Unit shall not be effective unless and until it has been reduced to
writing. Any such decision may later be rescinded or modified by the
Executive Board, and any Unit Owner affected by such rescission or
modification shall have a reasonable time (not to exceed forty-five (45) days)
to comply with such rescission or modification. Large and small animals shall
be properly housed and penned or fenced in enclosures approved by the
Architectural Review Committee. Animals shall not be permitted to roam
onto other Units. The Owners of a Unit shall be responsible for any damage
or injury caused by any animals owned or kept by the Owners. No part of any
Property shall be over-grazed, as determined by the Architectural Review
Committee. If invisible fencing is used, it must be one hundred percent
(100%) effective or replaced with fencing approved by the Architectural
Review Committee within one (1) month's time after notification of =-
unacceptable containment. No occupant or Owner shall allow an excess
accumulation (as determined by the Architectural Review Committee) of
manure on any Unit.
Garbage and Refuse Disposal. No Unit shall be used or maintained as a
dumping ground for rubbish,trash, or garbage. Trash, garbage, or other waste
shall not be kept except in sanitary and secure containers. All containers shall
be kept in a clean and sanitary condition and shall not be kept in public view
except during the scheduled day of pick up. The Association, acting through
its Executive Board, shall have the right to require that any trash collection
within the Common Interest Community be performed by one company and
that trash be collected from all Lots by such company on the same day of each
week. The Executive Board shall select the trash company based on
competitive bids. The cost of trash collection shall be paid by each Owner
directly to the trash collection company, and the Association shall not have
the duty to assess the cost of trash collection as a Common Expense. Nothing
herein contained shall be construed to prohibit an Owner from personally
disposing of trash from his Lot. This section shall not apply to a contractor
du ing the construction of a Residence of other improvements on a Lot. The
contractor may dispose of trash, rubbish, debris, and other construction
materials from the Lot either personally or by contracting with a trash
25
HID 1111111111 IIIIII 111111 IIE 111111 III IMF IIII
3329938 10/07/2005 02:52P Weld County, CO
32 of 46 R 231.00 D 0.00 Steve Moreno Clerk 8 Recorder
collection company. The trash collection company may reniove trash,
rubbish, debris, and other construction materials from the Lot during the
construction of the Residence as often as the contractor deems appropriate.
All dumpsters shall have lid tie-downs to protect them from animals.
in. Storage of Materials. Storage of materials shall be done in accordance with
the following provisions:
(i) No occupant or Owner of any Unit shall store or permit to be stored
or to accumulate, upon any Unit, any debris, any piles of manure, piles
of dirt, machinery or equipment or any part thereof, old or rusted
pieces of metal, rubber or any type of junk, or other miscellaneous
items unless approved by the Architectural Review Committee or
concealed from public and neighbor views within an enclosed
structure.
(ii) Storage ofbuilding materials is permitted only to facilitate continuous
building projects in progress. Unit Owners shall supervise and assure
secure storage of all building materials during construction to prevent
damage to,other structures or littering throughout neighborhood as a
result of heavy winds.
(iii) No tanks for the storage of any materials other than propane fuel shall
be erected, placed, or permitted above or below the surface of any
Unit without the express written consent of the Architectural Review
Committee. The Architectural Review Committee shall have the right
to approve the location of any propane tank, and require screening
around said tank. Any firewood pile shall be screened and located
within the confines of a privacy fence approved by the Architectural
Review Committee.
ii. Hazardous Activities. No activities shall be conducted on any Unit which
are or might be unsafe or hazardous to any person or any property. No
firearms shall be discharged upon any Unit and no open fires shall be lighted
or permitted on any Unit except in a contained barbecue unit while attended
and in use for cooking purposes or within an interior approved fireplace. No
burning of trash, leaves, or other materials shall be allowed. The storage of
any type of explosive devices, compounds, chemicals, or materials is
prohibited.
o. Motor Vehicles, Recreational Vehicles, Disabled Vehicles, Vehicle
Storage and Repair. No inoperable, unlicenced or junked motor vehicles,
trailers, boats, or other equipment shall be kept on any Lot or about the
26
1111111 11111 11111 111111 111111 1111 111111IIIIIIII1111IIII
3329938 10/07/2005 02:52P Weld County, CO
33 of 46 R 231.00 D 0.00 Steve Moreno Clerk& Recorder
Project in any manner. No more than three (3) of the following may be
parked on a Lot except in an enclosed building: motor vehicles and motor
cycles. No more than two (2) tractors may be parked on a Lot except in an
enclosed building. No more than a total of one (1) motor home, camper,
trailer, or recreational vehicle may be parked on a Lot except in an enclosed
building. No more than one (1) boat may be parked on a Lot except in an
enclosed building. A reasonable number of pieces of farm equipment used to
maintain the Lot may be kept on a Lot. All of the above must b e operable
and, if applicable, properly licensed. No tractor-trailers or semi-trucks may
be parked on a Lot at anytime. Except as set forth above nothing else shall
be parked or stored on a Lot except in an enclosed building unless specifically
permitted by Rules and Regulations adopted by the Association. No motor
vehicles, motor cycles, motor homes, campers, trailers, recreational vehicles,
boats, tractors, and equipment shall be stored or parked for more than 72-
hours on any street within the Project. No tractor-trailer or semi-truck shall
be allowed at any time on any street in the Project except for delivery of
materials during construction or moving vans, while being used to move
personal property to or from a Lot. Nothing contained herein shall prevent
the Owner or Owners of any Lot from storing any of said vehicles (except
tractor-trailers or semi-trucks) in a garage on their Lot. No automotive
repairs shall be done on any street, or Lot which may be seen from the view
of adjacent properties. The restrictions set forth above shall not restrict the =-
parking of trucks or other commercial vehicles for a reasonable time upon a
Lot, which vehicles are necessary for the construction of a building on said
Lot.
P. Antennas. No exterior radio antennas, television antennas, or other antennas
may be erected unless approved in writing by the Architectural Review
Committee. Any facility for the transmission or reception of audio or visual
signals shall be kept and maintained, to the extent reasonably possible,
underground or within an enclosed structure. Notwithstanding the foregoing,
neither the restrictions nor the requirements of this Section shall apply to
those antennas (which may include some satellite dishes and other devices)
that are specifically covered by the Telecommunications Act of 1996, as
amended from time to time. As to antennas which are specifically covered by
the Telecommunications Act of 1996, as amended, the Committee shall be
empowered to adopt rules and regulations governing the types of antennas
that are permissible hereunder, and to the extent permitted by the
Telecommunications Act of 1996, as amended, establishing reasonable, non-
discriminatory restrictions relating to appearance, safety, location, and
maintenance.
27
1111111111111111111111111111 INUIT 11111111 till
3329938 10/07/2005 02:52P Weld County, CO
34 of 46 R 231.00 D 0.00 Steve Moreno Clerk & Recorder
q. Home Occupations/Businesses. The conduct of a home occupation or
business within the Project is prohibited unless the following requirements are
met: home occupations or businesses must be conducted inside the residence
and not occupy more than fifteen percent (15%) of the total floor area of the
residence. Home occupations or businesses must be conducted only by the
residents of said dwelling with no nonresidents employed at the residence. No
retail sales shall be conducted on the Lot or in public view. Home
occupations or businesses must be conducted within the scope of the zoning
ordinances of Weld County. Customer visits must be limited to an occasional
frequency. Customer parking must be in the driveway or immediately in front
of the residence. There shall be no evidence of a home occupation or business
from the outside of the residence.
r. Clothes Lines and Dog Runs. No clothes lines shall be located on any Lot
and dog runs must first be approved by the Architectural Review Committee.
s. Maintenance and Repair of Landscaping and Improvements: Except for
areas covered by buildings, driveways or parking areas, all land areas shall be
covered with plants or other ground cover, pursuant to a plan approved by the
Architectural Review Committee. The landscaping shall be installed within
eighteen (18) months after the issuance of a certificate of occupancy.
Maintenance and repair of landscaping and Improvements shall be subject to
the following provisions:
CO Each Owner shall provide prudent and regular exterior maintenance
upon each Unit including painting, repairs and/or replacement of
roofs, gutters, downspouts, exterior building surfaces, trees, shrubs,
grass and other landscaping (including pasture grass), fences, walks,
driveways and other surfaces, and all other exterior Improvements to
maintain the visual attractiveness and value of the Units in the Project.
Unit Owners shall not allow weeds or other unsightly vegetation on
Units to exceed twelve inches in height. Owners must properly
control noxious weeds.
(ii) Failure to maintain: In the event an Owner of any Unit in the Project
shall fail to maintain the premises and the Improvements thereon as
provided herein, the Association or the Architectural Review
Committee, after Notice to the Owner and a reasonable opportunity
for the Owner to perform all necessary work, may undertake such
work on behalf of and at the Owner's expense. Any such expense
shall be reimbursed to the Association or Architectural Review
Committee within thirty (30) days of the furnishing of Notice to such
Owner that such reimbursement is owed_ together with costs of
?8
AMEN 11111 111111 111111 lIII III111 III 11111
3329938 10/07/2005 02:52P Weld County, CO
35 of 46 R 231.00 D 0.00 Steve Moreno Clerk& Recorder
collection thereof; attorney fees, and interest thereon. Said obligation -
shall be a personal obligation of the Owner and a charge and lien
against each Owner's Unit as provided herein for Assessments.
t. Non-Owner Occupants. All covenants, restrictions, rules, regulations, and
provisions of this Declaration shall be binding on non-Owner occupants
without exception.Property Owners who lease their property shall be required
to furnish to lessees copies of this Declaration along with a written lease
referencing this Declaration; leasing or being absent from the property shall
not release property Owners from liabilities and responsibilities described
herein.
u. Water and Sewer. No individual water supply system or sewage disposal
system shall be permitted on any Unit unless it is in compliance with all state
and county health regulations and approved by the Weld County Department
of Public Health and Environment. All dwellings must attach to a public
water source. Leach fields must be designed by a licensed engineer. Space
for two septic systems must be reserved and maintained by each lot owner.
Activities such as permanent landscaping, structures, dirt mounds, animal
husbandry activities, or other activities that would interfere with the
construction, maintenance, or function of the absorption fields are expressly
prohibited in the absorption field sites.
v. No Violation of Law. Nothing shall be done or kept in or on any portion of
the Project by a Unit Owner or occupant which would be in violation of any
statute, rule, ordinance, regulation,permit, or validly imposed requirement of
any governmental body having jurisdiction over the Project. The Association
shall have no duty or obligation to enforce any such statute, rule, ordinance,
regulation, permit or validly imposed requirement.
w. Fencing. No fencing of any type shall be constructed by any Lot Owner on
any Lot within the Project without prior approval in writing by the
Architectural Review Committee.
x. No Imperiling of Insurance. Nothing shall be done or kept in or on any
portion of the Project which might result in an increase in the premiums with
respect to insurance obtained for all or any portion of the Project or which
might cause cancellation of such insurance, except with the prior written
consent of the Executive Board.
y. Architectural Design Standards. The minimum Architectural Design
Standards for the Project are set forth in Exhibit B attached hereto and made
a part hereof The Architectural Review Committee has the power and
29
1! 11111111111111111111111111111111 II1111111111
3!11119938 10/07/2005 02:52P Weld County, CO
36 of 46 R 231.00 0 0.00 Steve Moreno Clerk& Recorder
authority to make additional requirements for any residential construction or
reconstruction within the Project. The Architectural Review Committee may
modify or amend the Architectural Design Standards so long as such
modifications and amendments are consistent with this Declaration. The
Architectural Review Committee may grant reasonable variances or
adjustments for any conditions and restrictions imposed by this Article in
order to overcome practical difficulties or prevent unnecessary hardships
arising by reason of the application of any such conditions and restrictions.
Such variances shall be granted only in case the granting thereof shall not be
materially detrimental or injurious to the other property or Improvements in
the Project and shall not be contrary to the general intent and purpose hereof
During the period of Declarant's Reserved Rights, the minimum standards set
forth in Exhibit B cannot be altered without Declarant's approval.
z. Underground Lines. All electric, television, telephone, and other lines
running from any property line of a Lot to a residence or other structure shall
he placed underground.
aa. Trash Burning. Trash, leaves, and other similar materials shall not be burned
within the Project.
bb. Drainage. No Owner shall change the topography or drainage pattern of a -
Lot including, not by limitation, any drainage easement areas, from the
topography or drainage pattern established by the Declarant unless such
change is approved by the Architectural Review Committee. Any Owner who
in any way materially modifies the topography or drainage pattern of a Lot
without such consent shall be liable for any and all damages stemming
therefrom, and may be required to return such topography or drainage
patterns to their original state. If any Owner fails to fully abide by this
provision, the Association or the Architectural Review Committee, after
Notice to the Owner and a reasonable opportunity to perform all necessary
work restoring drainage patterns, may undertake such work on behalf of and
at the Owner's expense. Any such expense shall be reimbursed to the
Association or Architectural Review Committee within thirty(30) days of the
furnishing ofNotice to such Owner that such reimbursement is owed,together
with costs of collection thereof, attorney fees, and interest thereon. Said
obligation shall be a personal obligation of the Owner and a charge and lien
against each Owner's Lot as provided herein for Assessments.
cc. Damage to Residence. If all or any portion of a residence is damaged or
destroyed by fire or other casualty, it shall be the duty of the Owner, with all
due diligence, to rebuild, repair, or reconstruct the residence in a manner that
30
1 Hill 11111 lit Ell 111111IIII111111 lilt
3329938 10/07/2005 02:52P Weld County, CO
37 of 46 R 231.00 0 0.00 Steve Moreno Clerk & Recorder
will substantially restore it .o its appearance and condition immediately prior -
to the casualty.
11.11. Waivers; No Precedent. The approval or consent of the Architectural Review
Committee or any representative thereof, or of the Board of Directors, to any application for
architectural approval shall not be deemed to constitute a waiver of any right to withhold or deny
approval or consent by the Committee or any representative thereof, or by the Board of Directors,
as to any application or other matters whatsoever as to which approval or consent may subsequently
or additionally be required. Nor shall any such approval or consent be deemed to constitute a
precedent as to any other matter.
ARTICLE 12 — MORTGAGEE'S RIGHTS
The following provisions are for the benefit of holders, insurers, or guarantors of First
Mortgages on Units. To the extent permitted under Colorado law and applicable, necessary or
proper, the provisions of this Article apply to this Declaration and also to the Articles, Bylaws, and
Rules and Regulations of the Association.
12.1. Distribution of Insurance or Condemnation Proceeds. In the event of a distribution
of insurance proceeds or condemnation awards allocable among the Units for losses to, or taking of,
all or part of the Common Elements, neither the Owner nor any other person shall take priority in =-
receiving the distribution over the right of any Mortgagee who is a beneficiary of a First Mortgage
against the Unit.
12.2. Right to Pay Taxes and Charges. Mortgagees who hold First Mortgages against
Units may jointly or singularly, pay taxes or other charges which are in default and which may or have
become a charge against any Common Elements, and may pay overdue premiums on hazard insurance
policies, or secure new hazard insurance coverage on the lapse of a policy for such Common
Elements, and Mortgagees making such payments shall be owed immediate reimbursement therefor
from the Association.
12.3. Audited Financial Statement. Upon written request from any Agency or Mortgagee
which has an interest or prospective interest in any Unit or the Project,the Association shall prepare
and furnish within ninety (90) days an audited financial statement of the Association for the
immediately preceding fiscal year, at the expense of such Mortgagee or Agency.
12.4. Notice of Action. Any First Mortgagee and any Agency which holds, insures, or
guarantees a First Mortgage, upon written request to the Association (which shall include the
Agency's name and address and the Unit number), will be entitled to timely written notice of
a. Any proposed termination of the common interest community;
31
1111111 11111 1111 1111 111111 I I I 1111111 I I 1111111111111
3329938 10/07/2005 02:52P Weld County, CO
38 of 46 R 231.00 D 0.00 Steve Moreno Clerk & Recorder
b. Ai y condemnation loss or any casualty loss which affects a material portion
of the Project or which affects any Unit on which there is a First Mortgage
held, insured, or guaranteed by such Agency;
c. Any delinquency in the payment of Assessments owed by an Owner subject
to the Mortgage where such delinquency has continued for a period of sixty
(60) days;
d. Any lapse, cancellation, or material modification of any insurance policy
maintained by the Association pursuant to this Declaration.
12.5. Action by Mortgagee. If this Declaration or any Association Documents require the
approval of Mortgagees, then if any Mortgagee fails to respond to any written proposal for such
approval within thirty(30) days after such Mortgagee is given proper notice of the proposal(or such
longer time as may be set forth in the notice), such Mortgagee shall be deemed to have approved such
proposal provided that the notice was delivered to the Mortgagee by certified or registered mail,
return receipt requested.
ARTICLE 13 — DURATION OF COVENANTS
AND AMENDMENT
13.1. Term. The covenants and restrictions of this Declaration shall run with and bind the
land in perpetuity.
13.2. Amendment. Except in cases of amendments that may be executed by the Declarant
or the Association under the Act, this Declaration, or any provision of it, may be amended only by
vote or agreement of Owners holding not less than seventy-five percent (75%) of the votes possible
to be cast under this Declaration. The covenants contained in this Declaration requiring maintenance
of the private street and irrigation system shall not be modified or terminated without the consent of
the Weld County Board of County Commissioners.
13.3. Declarant Rights. To the extent permitted under the Act, provisions in this
Declaration reserving or creating Special Declarant Rights may not be amended without the consent
of Declarant.
13.4. Execution of Amendments. Any amendment must be executed by the President of
the Association and recorded, and approval of such amendment may be shown by including within
or attaching a certificate of the Secretary of the Association to the recorded instrument certifying the
approval of a sufficient number of Owners of the amendment. Notwithstanding the foregoing,
Declarant, acting alone, reserves to itself the right and power to modify and amend this Declaration
and the Plat to the fullest extent permitted under the Act and this Declaration.
32
111 11111 11111 111111 111111 IIII 111111 III 11111 till lilt
3329938 10/07/2005 02:52P Weld County, CO
39 of 46 R 231.00 D 0.00 Steve Moreno Clerk & Recorder
13.5. Revocation. This Declaration will not be revoked nor shall the common interest -
community created hereby be terminated(except as provided above regarding total destruction and/or
total condemnation),without the consent of the Owners to which at least seventy-five percent(75%)
of the votes in the Association are allocated evidenced by a written instrument duly recorded with
the Clerk and Recorder.
ARTICLE 14 — WELD COUNTY'S RIGHT TO FARM
14.1. Rural Weld County. Weld County is one of the most productive agricultural counties
in the United States, ranking fifth (5th) in total market value of agricultural products sold. The rural
areas of Weld County may be open and spacious, but they are intensively used for agriculture.
Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts
with longstanding agricultural practices and a lower level of services than in town. Along with the
drawbacks come the incentives which attract urban dwellers to relocate to rural area: open views,
spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life.
Without neighboring farms, those features which attract urban dwellers to rural Weld County would
quickly be gone forever.
14.2. Agricultural Uses. Agricultural users of the land should not be expected to change
their long-established agricultural practices to accommodate the intrusions of urban users into a rural
area. Well-run agricultural activities will generate off-site impacts, including noise from tractors and --
equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest and
gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and
mosquitoes; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying.
Ditches and reservoirs cannot simply be moved "out of the way" of residential development without
threatening the efficient delivery of irrigation to fields which is essential to farm production. Section
35-3.5-102, Colorado Revised Statutes, provides that an agricultural operation shall not be found to
be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods
or practices that are commonly or reasonably associated with agricultural production.
14.3. Rural Services. Weld County covers a land area of over four thousand(4,000)square
miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred
(3,700) miles of state and county roads outside of municipalities. The sheer magnitude of the area
to be served stretches available resources. Law enforcement is based on responses to complaints
more than on patrols of the County and the distances which must be traveled may delay all emergency
responses, including law enforcement, ambulance and fire. Fire protection is usually provided by
volunteers who must leave their jobs and families to respond to emergencies. County gravel roads,
no matter how often they are bladed, will not provide the same kind of surface expected from a paved
road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for
several days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest
priority for public works or may be the private responsibility of the homeowners. Services in rural
33
111111 111 111111 11111 IIII 111111 III 11111 IIII III!
3329938 10/07/2005 02:52P Weld County, CO
40 of 46 R 231.00 D 0.00 Steve Moreno Clerk& Recorder
areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, -
be more self-sufficient than urban dwellers. -
14.4. Parental Supervision. Children are exposed to different hazards in the County than
in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation
ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs,
puncture vines, territorial farm dogs and livestock present real threats to children. Controlling
children's activities is important, not only for their safety, but also for the protection of the farmer's
livelihood. Parents are responsible for their children.
ARTICLE 15 — GENERAL PROVISIONS
15.1. Restriction on Declarant Powers. Notwithstanding anything to the contrary herein,
no rights or powers reserved to Declarant hereunder shall exceed the time limitations or permissible
extent of such rights or powers as restricted under the Act. Any provision in this Declaration in
conflict with the requirements of the Act shall not be deemed to invalidate such provision as a whole
but shall be adjusted as is necessary to comply with the Act.
15.2. Enforcement. Except as otherwise provided in this Declaration,the Executive Board,
Declarant, Architectural Review Committee, or any Owner shall have the right to enforce, by a
proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges --
now or hereafter imposed by the provisions of this Declaration. Failure by the Executive Board of
the Association, Declarant, Architectural Review_ Committee, or by any Owner to enforce any
restriction, condition, covenant, reservation, lien, or charge now or hereafter imposed by the
provisions of this Declaration shall in no event be deemed a waiver of the right to do so thereafter.
15.3. Registration of Mailing Address. Each Owner and each security interest holder,
insurer, or guarantor of a security interest, shall register their mailing address with the Association.
All notices, demands, or other notices intended to be served upon the Board of Directors or the
Association during the period of Declarant control shall be sent by registered or certified mail,
postage prepaid,c/o Francisco Granados, 5995 W. 26th Street, Greeley, Colorado 80634,unless such
address is changed by the Association during the period of Declarant control. Subsequent to the
termination of the period of Declarant control, the Association shall notify the Owners of a different
address for notices.
15.4. Limitation on Liability. The Association, Board of Directors, Architectural Review
Committee, Declarant, and any member, agent, or employee of any of the same, shall not be liable
to any person for actions taken or omissions made in the performance of their duties except for
wanton and willful acts or omissions.
15.5. No Representations or Warranties. No representations or warranties of any kind,
express or implied, shall be deemed to have been given or made by the Declarant or its agents and
34
HBO 11111 1111111111 111111 IIII 111111 III 11111 IIII IIII
3329938 10/07/2005 02:52P Weld County, C0 •
41 of 46 R 231.00 D 0.00 Steve Moreno Clerk & Recorder
employees, in connection with any portion of the community, or any Improvement, or their physical -
condition, zoning, compliance with applicable laws, fitness for intended use, or in connection with
the subdivision, sale, operation, maintenance, cost of maintenance,taxes or regulation thereof,unless
and except as shall be specifically set forth in writing.
15.6. Disclaimer Regarding Safety. DECLARANT AND THE ASSOCIATION HEREBY
DISCLAIM ANY OBLIGATION REGARDING THE SECURITY OF ANY PERSONS OR PROPERTY
WITHIN THE COMMUNITY. BY ACCEPTING A DEED TO PROPERTY WITHIN THE
COMMUNITY, EACH OWNER ACKNOWLEDGES THAT DECLARANT AND THE ASSOCIATION
ARE ONLY OBLIGATED TO DO THOSE ACTS SPECIFICALLY ENUMERATED HEREIN, OR IN
THE ARTICLES OF INCORPORATION, BYLAWS AND RULES AND REGULATIONS OF THE
ASSOCIATION,AND ARE NOT OBLIGATED TO DO ANY OTHER ACTS WITH RESPECT TO THE
SAFETY OR PROTECTION OF PERSONS OR PROPERTY WITHIN THE COMMUNITY. EACH
OWNER ASSUMES FULL RESPONS113ILITY FOR THE SAFETY OF FAMH Y, FRIENDS,
GUESTS, AND PETS AND AGREES TO INDEMNIFY AND HOLD HARMLESS THE
DECLARANT AND THE ASSOCIATION FROM ANY CLAIMS RELATED TO SAFETY OR
PROPERTY DAMAGE ISSUES OF ANY KIND.
15.7. Severability. Invalidation of any one of these covenants or restrictions by judgment
or court order shall in no way affect any other provisions which shall remain in fall force and effect.
15.8. Conflicts Between Documents. In case of conflict between this Declaration and the
Articles and the Bylaws of the Association, this Declaration shall control. In case of conflict between
the Articles and the Bylaws, the Articles shall control.
15.9. Conflict With Act. In the event that any of the terms or provisions of this Declaration
are in conflict or inconsistent with the Act, the terms or provisions of the Act shall control and
govern_ In case of any such conflict or inconsistency, the applicable terms and provisions contained
in this Declaration shall, to the extent possible, be construed in accordance with the Act, and any
conflict with or violation of the Act by any terms or provisions of this Declaration shall not affect,
void, or render unenforceable any other term or provision of this Declaration (which shall be in full
force and effect in accordance with their terms).
DECLARANT:
ncisco Granados
35
•
111111111111111111111111111111111111111I�I111111III1111
432
42 of 46 R 231.00 D 0.00 Steve Moreno Clerk& Recorder
STATE OF COLORADO
ss.
COUNTY OF WELD ) C
The foregoing instrument was acknowledged before me on the '�aay of ,p�Jr- t (2005 by
Francisco Granados. V
WITNESS my Hand and Official Seal.
My commission expires:
C
•
MY COMMISSION EXPIRES �or,: .®(��
JUNE 30. 2007
1701 23RD AVENUE
GREELEY, CO 80634 PAUL R.
' KNAPP
cb
lE OF COL®Q
36
111111VIIIV1111111111111lll\I11111III111111III It
02:52P Weld Countlf,
43 of 46 R 231.00 Recorder
13329938 1010712005 0.00 Steve Moreno CI EXHIBIT A
TO
DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS FOR
PHEASANT MEADOW
LEGAL DESCRIPTION OF PROPERTY SUBJECT TO THIS DECLARATION
Lots 1 through 4, Outlot A and Outlot B of Pheasant Meadow minor subdivision, Weld County,
Colorado, according to the Plat thereof recorded on , 2005, at Reception No.
, in the records of the Clerk and Recorder of Weld County, Colorado
37
MEMO II 111111111111 it 111111 III 111111 III IIII
3329938 10/07/2005 02:52P Weld County, CO
44 of 46 R 231.00 D 0.00 Steve Moreno Clerk& Recorder
EXHIBIT B
TO
DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS FOR
PHEASANT MEADOW
MINIMUM ARCHITECTURAL DESIGN STANDARDS
Section 1. Architectural Styles. It is the intent of these guidelines to insure a high
quality, aesthetically pleasing neighborhood. The homes should have a diversity of architectural
styles and be compatible with the neighborhood as a whole. The Architectural Review Committee
shall have the authority to deny any building plan for any reason including that the plan is not
compatible with the neighborhood for aesthetic or other reasons.
Section 2. Minimum Square Footage and Building Height. The ground floor finished
area of any residence, exclusive of open porches, patios and vehicle garages, shall not be less than
sixteen hundred (1,600) square feet for a one-story residence. The total square footage minimum
for the main floor and upper floors of a multi-level residence shall not be less than one thousand,
eight hundred (1,800) square feet. The maximum building height of any residence constructed
shall be thirty-five (3 5) feet measured from the top of the foundation to the crest of the highest
roof line (excluding chimneys, cupola).
Section 3. Roof Pitches. The roof pitch on any residence must be from-six-twelve
(6/12) to twelve-twelve (12/12).
Section 4. Standards Regarding Use of Frterior Materials. Exterior materials shall be
limited as follows:
a. Exterior materials must be approved by the Architectural Review Committee.
b. The roofing material to be utilized upon buildings in the subdivision shall be
approved by the Architectural Review Committee. No wood roofs or shingles
shall be allowed.
c. Foundation walls shall not be exposed more than twelve (12) inches above grade.
d. All soffits on residences shall be a minimum of twelve (12) inches except that
where brick adjoins the soffit, the soffit shall be a minimum of eight (8) inches.
Section 5. Color of Exterior Materials. ALL EXTERIOR COLORS, INCLUDING ROOFING
COLORS,MUST BE APPROVED BY the Architectural Review Committee PRIOR TO CONS rRUCTION.
38
1 111111 11111 11111 111111 111111 1111 111111 11 111111 111 1111
3329938 10/07/2005 02:52P Weld County, C0
45 of 46 R 231.00 D 0.00 Steve Moreno Clerk& Recorder
Section 6. Setbacks. All structures shall be constructed such as .o meet the bt iding
setbacks required by Weld County, Colorado.
Section 7. Site Grading. Exterior grading shall be adequate for drainage away from the
buildings and adjacent buildings.
Section 8. Paved Areas. Hard-surfaced private driveways and parking areas are
preferred. If alternative materials are proposed, they must be submitted to and approved by the
Architectural Review Committee prior to construction.
Section 9. Garages. Each residence must have an attached garage of not less than
twenty-two feet by twenty-two feet (22' x 22').
Section 10. Accessory Buildings. All accessory buildings shall be subject to
Architectural Review Committee approval as set forth in the Declaration. The maximum size of
the buildings may not exceed the maximum size permitted by Weld County, Colorado.
39
1 111111 11111 111111 1111I1 1111 111111 111 111111 III 1111
3329938 10/07/2005 02:52P Weld County, CO
46 of 46 R 231.00 D 0.00 Steve Moreno Clerk& Recorder
EXHIBIT C
TO
DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS FOR
PHEASANT MEADOW
LIEN HOLDER'S CONSENT
The lienholder of record, UNION COLONY BANK, states that it has reviewed the terms and conditions
of the Declaration of Covenants, Conditions and Restrictions for Pheasant Meadow and the Plat of
the Property and expressly consents to said Declaration.
UNION COLONY BANK
By:
Paul Knapp
State of Colorado )
) ss
County of Weld )
The foregoing instrument acicnowledged before me this / day of
2005, by Paul Knapp, asZ(zze:— i.r Hof UNION COLONY BANK.
Witness my Hand and Official Seal.
My commission expires: /02 -2-/D G
a
0�pt1Y PION� rr tary Vita
so
NANCY JEAN ; 5
ALLEN i
✓'z.�.k /o®s
S:\Wp80\A\Granados, Francisco\Pheasant Meadow OA\DRAP 1 covenants 072005.wpd
40
Hello