HomeMy WebLinkAbout20040617.tiff DRAFT
DECLARATION
OF
COVENANTS, CONDITIONS, AND RESTRICTIONS
FOR
CATTAIL CREEK
Name of Common Interest Community: CATTAIL CREEK
Name of Owners Association: CATTAIL CREEK HOMEOWNERS ASSOCIATION,INC.
Declarant: CATTAIL CREEK GROUP,LLC
Type of Common Interest Community: PLANNED COMMUNITY
2004-0617
+-, TABLE OF CONTENTS
PREAMBLE 1
WITNESSETH 1
ARTICLE I -- DEFINITIONS
Section 1. Act 2
Section 2. Agency 2
Section 3. Architectural Design Standards 2
Section 4. Ankles 2
Section 5. Annual Assessment 2
Section 6. Assessments 2
Section 7. Association 2
Section 8. Association Documents 2
Section 9. Builder 2
Section 10. Bylaws 2
Section 11. Clerk and Recorder 3
Section 12. Common Elements 3
Section 13. Common Expenses 3
Section 14. Declaration 3
Section 15. Executive Board 3
Section 16. First Mortgage 3
Section 17. First Mortgagee 4
Section 18. Improvements 4
Section 19. Lot 4
Section 20. Manager 4
Section 21. Member 4
Section 22. Mortgage 4
Section 23. Mortgagee 4
Section 24. Notice 4
Section 25. Owner 4
Section 26. Parcel 5
Section 27. Plat 5
Section 28. Project 5
Section 29. Property 5
Section 30. Related User 5
Section 31. Rules and Regulations 5
Section 32. Single Family 5
Section 33. Successor Declarant 5
Section 34. Supplemental Declaration 5
Section 35. Supplemental Plat 5
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Section 36. Undefined Terms 5
Section 37. Unit 6
ARTICLE II -NAME,PROPERTY SUBJECT TO DECLARATION;
ALLOCATION OF INTERESTS
Section 1. Name 6
Section 2. Existing Property 6
Section 3. Expansion Property 6
Section 4. Maximum Number of Units 6
Section 5. Identification of Units 6
Section 6. Description of Units 6
Section 7. Allocation of Interests 6
ARTICLE III -MEMBERSHIP AND VOTING RIGHTS;
ASSOCIATION STRUCTURE AND OPERATIONS
Section 1. Association Name 6
Section 2. Transfer of Membership 7
Section 3. Membership 7
Section 4. Voting 7
Section 5. Declarant Control 7
Section 6. Books and Records 7
Section 7. Manager 7
Section 8. Cooperation with Other Associations 7
Section 9. Rights of Action 8
Section 10. Implied Rights and Obligations 8
ARTICLE IV — POWERS OF THE EXECUTIVE BOARD 8
ARTICLE V — MECHANICS' LIENS
Section 1. No Liability 10
Section 2. Indemnification 10
Section 3. Association Action 10
ARTICLE VI - EASEMENTS
Section 1. Recorded Easements 11
Section 2. Utility Easements 11
Section 3. Reservation of Easements, Exceptions and Exclusions 11
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Section 4. Use of Easement Area 11
Section 5. Emergency Access Easement 11
ARTICLE VII -- MAINTENANCE
Section 1. Maintenance by Owners 12
Section 2. Maintenance by Association 12
Section 3. Association Maintenance as Common Expense 12
ARTICLE VHI — INSURANCE
Section 1. General Insurance Provisions 12
Section 2. Property and Commercial General Liability Insurance 13
Section 3. Fidelity Insurance 13
Section 4. Workers'Compensation Insurance 14
Section 5. Notice 14
Section 6. Common Expenses 14
Section 7. Other 14
ARTICLE IX — ASSESSMENTS
Section 1. Obligation 14
Section 2. Budget 14
Section 3. Annual Assessments 14
Section 4. Apportionment of Annual Assessments 15
Section 5. Special Assessments 15
Section 6. Default Assessments 15
Section 7. Effect of Nonpayment;Assessment Lien 16
Section 8. Personal Obligation 16
Section 9. Payment by Mortgagee 17
Section 10. Statement of Status of Assessment Payment 17
Section 11. Maintenance of Accounts;Accounting 17
ARTICLE X -- RESERVED SPECIAL DECLARANT RIGHTS
Section 1. Special Declarant Rights 17
Section 2. Construction: Declarant's Easement 18
Section 3. Declarant's Property 18
Section 4. Limitations on Special Declarant Rights 18
Section 5. Interference With Special Declarant Rights 18
Section 6. Rights Transferable 18
ARTICLE XI — ARCHITECTURAL REVIEW
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AND OTHER RESTRICTIONS
Section 1. Association Power 19
Section 2. Review 19
Section 3. Membership of Architectural Review Committee 19
Section 4. Plan Review Procedure 20
Section 5. Notice of Completion 20
Section 6. Remedies Upon Noncompliance 21
Section 7. Authority to Hire,Assess Costs, and Raise Funds 21
Section 8. Records 22
Section 9. Restrictions on Use 22
Section 10. Waivers;No Precedent 28
ARTICLE XII -- MORTGAGEE'S RIGHTS
Section 1. Distribution ofInsurance or Condemnation Proceeds 28
Section 2. Right to Pay Taxes and Charges 28
Section 3. Audited Financial Statement 28
Section 4. Notice of Action 28
Section 5. Action by Mortgagee 29
ARTICLE XIII - DURATION OF COVENANTS AND AMENDMENT
Section 1. Term 29
Section 2. Amendment 29
Section 3. Declarant Rights 29
Section 4. Execution of Amendments 29
Section 5. Revocation 30
ARTICLE XIV -- WELD COUNTY'S RIGHT TO FARM
Section 1. Rural Weld County 30
Section 2. Agricultural Uses 30
Section 3. Rural Services 30
Section 4. Parental Supervision 31
ARTICLE XV — GENERAL PROVISIONS
Section 1. Restriction on Declarant Powers 31
Section 2. Enforcement 31
Section 3. Registration of Mailing Address 31
Section 4. Limitation on Liability 31
Section 5. No Representations or Warranties 32
Section 6. Severability 32
Section 7. Conflicts Between Documents 32
V
Section 8. Conflict With Act 32
EXHIBIT Al
LEGAL DESCRIPTION 1.1
EXHIBIT B
MINIMUM ARCHITECTURAL DESIGN STANDARDS 1.2
EXHIBIT C
LIEN HOLDER'S CONSENT 1.4
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DECLARATION OF
COVENANTS, CONDITIONS, AND RESTRICTIONS
FOR
CATTAIL CREEK
(A Common Interest Community)
PREAMBLE
THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS (the
"Declaration")is made on the date hereinafter set forth by Cattail Creek Group,LLC.,a Colorado
limited liability company, 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.
ARTICLE I--DEFINITIONS
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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:
Section 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.
Section 2. Agency shall mean any agency or corporation that purchases or insures
residential mortgages.
Section 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.
Section 4. Ankles shall mean the Articles of Incorporation for Cattail Creek
Homeowners Association, Inc., a Colorado nonprofit corporation, and any amendments that may
be made to those Articles from time to time.
Section 5. Annual Assessment shall mean the Assessment levied pursuant to an annual
budget.
Section 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.
Section 7. Association shall mean Cattail Creek Homeowners Association, Inc., a
Colorado nonprofit corporation,and its successors and assigns.
Section 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.
Section 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.
Section 10. Bylaws shall mean the Bylaws adopted by the Association,as amended from
time to time.
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Section 11. Clerk and Recorder shall mean the office of the Clerk and Recorder in the
County of Weld, State of Colorado.
Section 12. Common Elements shall mean all real and personal property,including water
rights, 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 Clerk and
Recorder of Weld County,Colorado. The definition of Common Elements shall expressly include
the private street shown on the Plat. 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 his or her guests 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.
Section 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.
Section 14. Declaration shall mean this Declaration and the Plat and amendments and
supplements to the foregoing.
Section 15. Executive Board shall mean the governing body of the Association.
Section 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.
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Section 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.
Section 18. Improvements shall mean and refer to all improvements now or hereafter
constructed including, without limitation, all buildings, exterior lighting, signs, benches, walks,
landscaping, fencing, irrigation systems(including ditches and culverts),and parking areas within
the Project.
Section 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.
Section 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.
Section 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.
Section 22. Mortgage shall mean any mortgage,deed oftrust or other document pledging
any Residential Unit or interest therein as security for payment of a debt or obligation.
Section 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.
Section 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.
Section 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.
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Section 26. Parcel shall mean each platted, numbered, and recorded division of vacant
land as depicted on the Plat.
Section 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.
Section 28. Project shall mean the common interest community created by this
Declaration and as shown on the Plat.
Section 29. Property shall mean the real property described in Exhibit A.
Section 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.
Section 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.
Section 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.
Section 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.
Section 34. Supplemental Declaration shall mean an instrument which amends this
Declaration.
Section 35. Supplemental Plat shall mean a supplemental plat of the Project which
depicts any change in the Project through a Supplemental Declaration.
Section 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.
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Section 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.
ARTICLE II -- NAME,PROPERTY SUBJECT TO THIS DECLARATION
AND ALLOCATION OF INTERESTS
Section 1. Name. The name of the Project is Cattail Creek. The Project is a planned
community pursuant to the Act.
Section 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.
Section 3. Expansion Property. The real property which is and shall be held,
transferred, sold, conveyed, and occupied subject to this Declaration may not be expanded.
Section 4. Maximum Number of Units. Declarant reserves the right to create up to a
total of nine(9)Units.
Section 5. Identification of Units. The identification number of each Unit is shown on
the Plat.
Section 6. Description of Units. Fsrh Unit presently consists of surveyed and platted
undeveloped vacant land.
Section 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 III -- MEMBERSHIP AND VOTING RIGHTS;
ASSOCIATION STRUCTURE AND OPERATIONS
Section 1. Association Name. The name of the Association shall be Cattail Creek
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.
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Section 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.
Section 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.
Section 4. Voting. There shall be one vote per Unit.
Section 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. The specific restrictions and
procedures governing the exercise of Declarant's right to so appoint and remove Directors and
officers are set out in the Articles and Bylaws of the Association. 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.
Section 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 Association prepared pursuant to the Bylaws. The Association may charge a
reasonable fee for copying such materials.
Section 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.
Section 8. 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 association(s)and/or any district(s),to share the costs and/or responsibility for any
maintenance,repaire,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
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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
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.
Section 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.
Section 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 IV — POWERS OF THE EXECUTIVE BOARD
Section 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;
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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;
1. Regulate the use, maintenance, repair, replacement, and modification of
Common Elements, if any;
g. Cause additional Improvements to be made as a part 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 and if all Owners of Units to which any Limited Common
Element as defined in the Act("Limited Common Element"), is allocated
agree to convey that Limited Common Element or subject it to a security
interest;
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,which
does not result in an increase in Annual Assessments of more than ten
percent(10%)per Owner;
k. 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 ofAssessments,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;
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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;
r. Delegate powers to a master 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 V -- MECHANICS' LIENS
Section 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
circumstances 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.
Section 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.
Section 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 VI -- EASEMENTS
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Section 1. Recorded Easements. The Property shall be subject to all easements as
shown on any Plat,those ofrecord,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.
Section 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.
Section 3. Reservation of Easements,Exceptions 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, if any, for the best interest of all the
Owners and the Association. 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, if any, and
Limited Common Elements, if any, 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.
Section 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.
Section 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 VII — MAINTENANCE
Section 1. Maintenance by Owners. Each Owner shall maintain and keep in repair his
Unit,landscaping,grasses,and plants,fencing and any structures or buildings thereon,including the
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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.
Section 2. Maintenance by Association(except as set forth in Article VII,Section 1).
The Association shall be responsible for the maintenance and repair of the Common Elements as
shown on the Plat, including any drainage structures or facilities and any fences constructed by
Declarant and such maintenance and repair shall be the Common Expense of all Owners. This
maintenance of the Common Elements shall include,but shall not be limited to,upkeep,repair and
replacement of all landscaping,walls,fences,gates,signage,irrigation systems,private streets,and
Improvements located in the Common Elements. The Association may,but shall not be obligated
to,remove snow from the private street. 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.
Section 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 VIII -- INSURANCE
Section 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
desirable for the protection of the Common Elements, if any. 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.
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Section 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:
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.
Section 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. Such fidelity bonds shall be a minimum
of an amount equal to three (3)months Assessments plus replacement reserves.
Section 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.
Section 5. 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
13
having been 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.
Section 6. Common Expenses. Premiums for insurance that the Association acquires
and other expenses connected with acquiring such insurance are Common Expenses.
Section 7. Other. An insurance policy issued to the Association does not obviate the
need for Owners to obtain insurance for their own benefit.
ARTICLE IX — ASSESSMENTS
Section 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.
Section 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.
Section 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 default 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
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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.
Section 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.
Section 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.
Section 6. DefaultAssessments. 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.
Section 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
15
r
its due date 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. § 38-33.3-316.
Section 8. Personal Obligation. Each Assessment against a Unit is the personal
obligation of the Owner of the Unit at the time the Assessment became due and shall not pass to
successors in title unless they agree to assume the obligation.No Owner may exempt himself from
liability for the Assessment by abandonment of his Unit or by waiver of the use or enjoyment of all
or any part of the Common Elements, if any. 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.
Section 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
16
expenses incurred 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.
Section 10. Statement of Status ofAssessment 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.
Section 11. Maintenance ofAccounts;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 X — RESERVED SPECIAL DECLARANT RIGHTS
Section 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. To appoint or remove any officer of the Association or any Executive Board
member during any period of Declarant control.
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Section 2. Construction: Declarant's Easement. Declarant reserves the right to
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.
Section 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.
Section 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.
Section 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.
Section 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 XI -- ARCHITECTURAL REVIEW
AND OTHER RESTRICTIONS
Section 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.
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�^ Section 2. Review. No buildings,structures or other Improvements including fences and
landscaping shall be constructed, modified or altered 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 buildings, structures, modifications,
alterations,or additions which the Architectural Review Committee reasonably determines do not
conform to and harmonize with existing surroundings and structures.
Section 3. Membership ofArchitectural 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 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,but the
number of members of the Architectural Review Committee shall not be less than three (3). 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.
Section 4. 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;
19
(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.
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. 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 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 (30) 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 furnishes
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.
Section 5. 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.
Section 6. Remedies Upon Noncompliance. If at any time the Architectural Review
Committee determines an Owner or Applicant is not in compliance with the Architectural Design
^ 20
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 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
attorney fees suffered or incurred in connection with the existence or remedy
of any Improvements found by a court of competent jurisdiction to be in
noncompliance 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.
Section 7. 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.
Section 8. Records. The Architectural Review Committee shall maintain written records
of all applications submitted to it and all actions taken thereon.
Section 9. Restrictions on Use.Use and enjoyment of each Unit shall be subject to the
following restrictions and such additional restrictions as are adopted by the Owners holding not less
than seventy-five percent(75%)of the votes possible to be cast under this Declaration:
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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 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.
d. 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.
e. Accessory Buildings. No accessory buildings,storage barns,or sheds shall
be constructed or moved onto any Unit without written consent of the
e-`"".
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.
f. Move and Set Structures. All structures within the Project shall be new
construction and no previously erected building,structure, or Improvement
shall be moved and set upon any Unit from any other location. Modular
homes,factory-built homes,and mobile homes are not permitted. Exceptions
may be made for prefabricated storage buildings with written approval of the
Architectural Review Committee.
g. Signs. No sign of any kind shall be displayed to the public view on any Unit
except as specifically permitted by the Association.
h. Oil, Gas, and Mining. No oil drilling, oil development operations, 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
22
structures designed for use in boring for oil or natural gas shall be erected,
maintained, or permitted on any Unit.
Animals,Livestock and Poultry. No animals,livestock,or poultry of any
kind shall be raised,bred,or kept on any Unit,except for dogs,cats,or other
household pets,provided that they are not kept,bred,or maintained for any
commercial purposes and do not constitute a nuisance. No more than two(2)
dogs and two (2) cats may be kept on any Unit. Notwithstanding the
foregoing, the Association may adopt Rules and Regulations permitting
horses on the property subject to the Ordinances of Weld County. 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.
j. 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.
k. 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 concealed from public and neighbor
views within an enclosed structure.
(ii) Storage of building 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 gas,fuel,oil or other flammable materials
shall be erected,placed, or permitted above or below the surface of
any Unit.Any firewood pile shall be screened and located within the
23
confines of a privacy fence approved by the Architectural Review
Committee.
L 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.
m. Motor Vehicles, Recreational Vehicles, Disabled Vehicles, Vehicle
Storage and Repair. No more than two of the following may be parked on
a Lot except in an enclosed building: motor vehicles, motor cycles, motor
homes,campers,trailers,recreational vehicles,tractors and equipment. All
of the above must be 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 and
enclosed building unless specifically permitted by Rules and Regulations
adopted by the Association. No motor vehicles,motor cycles,motor homes,
campers, trailers, recreational vehicles, 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.
n. 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
24
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.
o. 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.
p. 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.
q. Maintenance and Repair of Landscaping and Improvements:
Maintenance and repair of landscaping and Improvements shall be subject to
the following provisions:
(i) 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, fences, walks, driveways and other
surfaces, and all other exterior Improvements to maintain the value
of said property. Owners shall comply with mandatory landscaping
requirements as set forth in the Architectural Design Standards
adopted by and available from the Architectural Review Committee.
Unit Owners shall not allow weeds or other unsightly vegetation on
unimproved Units to exceed twelve inches in height.
(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
25
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
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.
r. 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.
s. 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.
All activities such as landscaping and construction are expressly prohibited
in any designated absorption field site. The Association shall be responsible
for all aspects of the ownership of any irrigation water owned by the
Association including the irrigation water transferred to the Association by
the Declarant. The Association may adopt Rules and Regulations concerning
the maintenance of any irrigation systems (including ditches and culverts)
and the distribution of the irrigation water. The Association may also adopt
Rules and Regulations concerning the septic systems,which may include,but
are not limited to, requiring all septic systems to be pumped by the same
company on the same day,subject to reasonable exemptions.
t. 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.
u. 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
26
Architectural Review Committee. All fencing,except dog runs, shall be of
the style and material set forth in the PUD approved by Weld County.
v. 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 Architectural Review Committee.
w. 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
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. During
the period of Declarant's reserved Rights,the minimum standards set forth
in Exhibit B cannot be altered without Declarant's approval.
x. Underground Lines. All electric, television, telephone, and other lines
running from any property line of a Lot to a residence or other structure shall
be placed underground.
y. Trash Burning. Trash, leaves, and other similar materials shall not be
burned within the Project.
z. 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 of Notice 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.
27
Section 10. Waivers;No Precedent. The approval or consent ofthe 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 XII —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.
Section 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.
Section 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.
Section 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 fmancial statement of the Association
for the immediately preceding fiscal year, at the expense of such Mortgagee or Agency.
Section 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;
28
b. Any 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
(6O)days;
d. Any lapse, cancellation, or material modification of any insurance policy
maintained by the Association pursuant to this Declaration.
Section 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 XIII — DURATION OF COVENANTS AND AMENDMENT
Section 1. Term. The covenants and restrictions of this Declaration shall run with and
bind the land in perpetuity.
Section 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.
Section 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.
Section 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.
29
Section 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 XIV — WELD COUNTY'S RIGHT TO FARM
Section 1. Rural Weld County. Weld County is one of the most productive agricultural
counties in the United States,ranking fifth 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.
Section 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.
Section 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 j obs 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
30
homeowners. Services in rural areas, in many cases,will not be equivalent to municipal services.
Rural dwellers must,by necessity,be more self-sufficient than urban dwellers.
Section 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 XV -- GENERAL PROVISIONS
Section 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.
Section 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.
Section 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, do Cattail Creek Group, LLC, P.O. Box 68, Windsor, CO 80550,
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.
Section 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 any action or for any failure to act unless the action or failure to act was
not in good faith and was done or withheld with malice.
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Section 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 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.
Section 6. 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 full force
and effect.
Section 7. 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.
Section S. 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:
CATTAIL CREEK GROUP,LLC
DRAFT
By: George DuBard, Manager
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me on the day of December, 2003, by
George DuBard as Manager of Cattail Creek Group,LLC,a Colorado limited liability company.
WITNESS my hand and official seal.
My commission expires:
Notary Public
32
EXHIBIT A
TO
DECLARATION OF
COVENANTS,CONDITIONS AND RESTRICTIONS FOR
CATTAIL CREEK
LEGAL DESCRIPTION OF PROPERTY SUBJECT TO THIS DECLARATION
A portion of Lot C,Amended Recorded Exemption No.0805-09-3-AmRE2637,according
to the Map recorded September 11, 2000, at Reception No. 2793115, being a part of Section 9,
Township 6 North,Range 66 West of the 6th P.M., County of Weld, State of Colorado.
ACTUAL LEGAL DESCRIPTION
WILL BE INSERTED
UPON RECORDING OF THE PLAT.
1.1
EXHIBIT B
TO
DECLARATION OF
COVENANTS,CONDITIONS AND RESTRICTIONS FOR
CATTAIL CREEK
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
one thousand, five hundred (1,500) square feet for a one-story residence and not less than one
thousand(1,000)square feet for the first floor of a two-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(35)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 Exterior Materials. Exterior materials shall be
limited as follows:
a. Stone,brick or stucco shall be required for a minimum of forty percent(40%)of the
first floor facade of the front elevation of the residence
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 fascia on residences shall be a minimum of eight(8) inches.
1.2
e. 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.
f. All plumbing vents shall be located on the back portion of the residence.
Section 5. Color of Exterior Materials. ALL EXTERIOR COLORS, INCLUDING ROOFING
COLORS,MUST BE APPROVED BY the Architectural Review Committee PRIOR TO CONSTRUCTION.
Section 6. Setbacks. All structures shall be constructed such as to meet the buiding
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 required.
Concrete is the preferred surface for private driveways and parking areas. 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. Each Lot may have up to two (2)
accessory buildings. One building shall be a storage building which shall not exceed twelve feet by
twelve feet(12'x 12'). The maximum size of the other building may not exceed the maximum size
permitted by Weld County, Colorado.
Section 11. Building Location. All buildings shall be located within the building envelope
as shown on the recorded Plat.
1.3
r
EXHIBIT C
TO
DECLARATION OF
COVENANTS,CONDITIONS AND RESTRICTIONS FOR
CATTAIL CREEK
LIEN HOLDER'S CONSENT
The lienholder of record,First State Bank,a division of First National Bank of Longmont,states that
it has reviewed the terms and conditions of the Declaration of Covenants, Conditions and
Restrictions for Cattail Creek and the Plat of the Property and expressly consents to said Declaration.
FIRST STATE BANK, a division of
FIRST NATIONAL BANK OF LONGMONT
By:
Michael Anderson, (title)
State of Colorado )
) ss
County of )
The foregoing instrument was acknowledged before me this day of December,2003,
by Michael Anderson, (title),of First State Bank,a division of First National Bank
of Longmont.
Witness my hand and official seal.
My commission expires:
Notary Public
1.4
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