HomeMy WebLinkAbout20041261.tiff Recording Information: Page 1 of 33
DECLARATION OF COVENANTS,CONDITIONS
AND RESTRICTIONS
OF FR
STAMP MINOR SUBDIVISION
THIS DECLARATION is made and entered into by A. Jeff Stamp and
Teresa M. Stamp, hereinafter referred to as"Declarant", whether one or more.
RECITALS
WHEREAS, the Declarant is the owner of the real property situated in the
County of Weld, State of Colorado, which is more particularly described on the attached
Exhibit "A", made a part hereof and incorporated herein by reference, hereinafter referred
to as the"Property"; and
WHEREAS, the Declarant desires to insure the attractiveness of the
individual Lots within the Property, to prevent any future impairment thereof, to prevent
nuisances, to preserve, protect, and enhance the values and amenities of the Property, and
to provide for the establishment and maintenance of common areas, entrance amenities,
and other common facilities through the use of covenants, conditions and restrictions; and
WHEREAS, the Declarant desires to establish such covenants, conditions
and restrictions concerning the Property, however, the Declaring further desires that the
Property not be affected or controlled by the "COLORADO COMMON INTEREST
OWNERSHIP Ac T"of the State of Colorado, except as therein and herein required;
NOW, THEREFORE, the Declarant does hereby publish and declare that
the following terms, covenants, conditions, eacements, restrictions, uses, reservations,
limitations and obligations shall be deemed to run with the land and shall be a burden and a
benefit to the Declarant, its successors and assigns and any person acquiring or thereafter
owning an interest in the Property and improvements thereon which is subject to this
Declaration, their grantees, successors, heirs, executors, personal representatives,
administrators, devisees or assigns.
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2004-1261
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PROPERTY DESCRIPTION:
Lot B of Amended Recorded Exemption No. 2462, situate in the
Southwest Quarter of Section 36, Township 4 North, Range 68 West of
the 6th P.M., County of Weld, State of Colorado;
Now known as:
Lots 1 through 9 inclusive, Stamp Wfmor Subdivision, recorded at Film
, Plan File No. , Reception No.
County of Weld, State of Colorado.
ARTICLE ONE: DEFINITIONS
The following words when used in this Declaration or any supplemental declarations
(unless the context shall prohibit or there shall be a specific statement to the contrary)
shall have the following meanings:
1.1 "ARTICLES" means the Articles of Incorporation of the Association.
1.2 "ASSESSMENTS" shall mean all money due the Association from Members as
duly assessed against the membership by the Board of Directors of the Association in
accordance with ARTICLE SIX of this Declaration.
1.3 "ASSOCIATION" shall mean and refer to the Stamp Minor Subdivision
Homeowners' Association, Inc., a Colorado Nonprofit corporation, its successors and
assigns, the Articles of Incorporation and Bylaws of which, as herein defined, along with
this Declaration, shall govern the administration of the Stamp Minor Subdivision; the
Members of which shall be all of the Owners of the Lots in the subdivision with each Lot
Owner receiving one vote.
1.4 "BOARD OF DIRECTORS" or "BOARD" shall mean and refer to the Board of
Directors of the Association duly elected pursuant to the Bylaws of the Association, or
appointed by the Declarant as therein provided. The Board of Directors is the governing
body of the Association.
1.5 "BYLAWS" means Bylaws of the Association, or its successors or assigns, as
amended from time to time.
1.6 "COMMON ELEMENTS" means all of the Property as hereinafter defined, except
the portions thereof which may constitute separate Lots, and also means all parts of any
building or any facilities, improvements and fixtures which may be within a designated Lot
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which are or may be necessary or convenient to the support, existence, use, occupation,
operation, maintenance, repair or safety of such building, facilities or any part thereof.
Without limiting the generality of the foregoing, the following shall constitute Common
Elements:
(a) all of the land, roads and easements which are part of the Property,
excluding land, roads and easements contained within the designated boundaries of
any Lot;
(b) all portions of the Property not located within any Lot;
(c) all utility fixtures, apparatus, installations and central facilities for power,
light, gas, telephone, television, computer or network cabling, similar utility used
for service or maintenance purposes on the Property exclusive of such items
contained within.the boundaries of any Lot;
(d) all areas contained or to be contained within the boundaries of the
proposed or existing Bus-Pullout lane and shelters or structures therein contained,
if any; and
(e) all other parts of the Property and the improvements thereon in common
use and reasonably necessary or convenient to the existence, maintenance and
safety of the Property.
1.7 "COMMON EXPENSES" means and includes:
(a) all sums lawfully assessed against the Owners by the Board of Directors of
the Association;
(b) expenses of administration, maintenance, repair or replacement of the
Common Elements, as hereinafter defined;
(c) expenses declared Common Expenses by provisions of this Declaration and
the Bylaws; and/or
(d) expenses agreed upon as Common Expenses by a vote of the Owners,
representing an aggregate ownership interest of two-thirds, or more.
1.8 "DECLARANT" shall mean and refer to the aforementioned Declarant, their
successors or assigns, if such successors or assigns shall acquire any portion of the
Property for the purpose of development and be designated by the Declarant or a
successor Declarant, as a Declarant for the purpose hereof by a duly recorded written
instrument. Any such designation by the Declarant or a successor Declarant may include
the right of redesignation by such successor or further successors.
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1.9 "DECLARATION" shall mean this Declaration of Covenants, Conditions and
Restrictions of the Stamp Minor Subdivision, as may be amended from time to time,
together with any and all Supplementary Declarations that may be recorded from time to
time pursuant to the provisions hereof.
1.10 "EXEMPTION" shall refer to C.R.S. § 38-33.3-116(2) of the "COLORADO
COMMON INTEREST OWNERSHIP ACT" wherein such provision exempts planned
communities created after July 1, 1998 containing no more than twenty units and is not
subject to any Development Rights as defined in such Act, however, the Property shall be
subject to C.R.S. §§ 38-33.3-105, 38-33.3-106, and 38-33.3-107.
1.11 "FIRST MORTGAGEE" shall mean any person, corporation, partnership, trust,
company, association or other legal entity which owns, holds, insures or is a governmental
guarantor of a mortgage or deed of trust, which mortgage or deed of trust is a first and
prior lien encumbering a Lot within the Property. A First Mortgagee shall also include the
holder of every executory land sales contract wherein the Administrator of Veterans
Affairs (Veterans Administration) is Seller, whether such contract is owned by the
Veterans Administration or its assigns, and whether such contract is recorded or not.
1.12 "LOT" means the fee simple interest and title in and to a designated Lot on the
Plat of the Stamp Minor Subdivision as recorded in the Real Property Records of the
Clerk and Recorder's Office for Weld County, Colorado together with the undivided
interest in the Common Elements, and all other rights and burdens created by this
Declaration.
1.13 "MAP" means the Stamp Minor Subdivision plat referred to in the Property
Description contained herein, which may be filed in whole or in part from time to time,
and if filed in part shall be supplemented as determined by the Declarant, depicting
thereon:
(a) the legal description of the surface of the Property; and
(b) the linear measurements and location, with reference to the exterior
boundaries of said land, of any Building and all improvements built or to be built
on the Property, all roads, easements or other designated facilities or amenities
contained within the Property, and the Common Elements as described
hereinabove.
1.14 "MEMBER" shall mean and refer to all those who are Members of the Association
as provided for herein.
1.15 "OWNER" shall mean and refer to the record owner, whether one or more persons
or entities, a firm, corporation, partnership, association or other legal entity, or any
combination thereof, which own(s) an interest in one or more Lots situated within the
Property in fee simple together with an undivided interest in fee simple in the Common
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Elements in the percentage specified and established in this Declaration, including the
Declarant, so long as any Lot remains unsold, excluding however, those having an interest
merely as security for the performance of an obligation. Owner shall not include or refer to
a mortgagee, beneficiary of a deed of trust, or lien holder unless and until such party has
acquired tide pursuant to foreclosure or any applicable procedure in lieu of foreclosure.
1.16 "PROPERTY" shall mean and refer to the property described above.
1.17 "Rules" shall mean the Rules and Regulations adopted by the Association Board of
Directors as amended or supplemented from time to time.
ARTICLE TWO: NATURE AND INCIDENTS OF OWNERSHIP
2.1 DESCRIPTION OF LOT. Lots shall be described as follows:
(a) Every contract for the sale of a Lot written prior to the filing for record of
the Map and this Declaration may legally describe a Lot by its identifying Lot
number designation followed by the words "Stamp Minor Subdivision" further
reference to the Map thereof to be filed for record and this Declaration to be
recorded. Upon recordation of the Map and this Declaration in the office of the
Clerk and Recorder of Weld County, Colorado, such description shall be
conclusively presumed to relate to the therein-described Lot.
(b) Every contract, deed, lease, mortgage, trust deed, will or other instrument
may legally describe a Lot by its identifying Lot number together with a reference
to the Map and this Declaration, in the following form:
"Lot No. , as shown and described on the Map of the
Stamp Minor Subdivision recorded on , on Film No.
at Reception No. of the records in the office of the
Clerk and Recorder of the County of Weld, State of Colorado and in
accordance with and subject to the Declaration of Covenants, Conditions
and Restrictions of the Stamp Minor Subdivision, recorded on
, on Film No. at Reception No.
of the records in the office of the Clerk and Recorder of
the County of Weld, State of Colorado."
(c) Every such description shall be good and sufficient for all purposes to sell,
convey, transfer, encumber or otherwise affect not only the Lot, but also the
Common Elements and the rights to the use of the Common Elements appurtenant
to such Lot. Subject to the easements, obligations, limitations, rights,
encumbrances, covenants, conditions and restrictions created in this Declaration,
each such description shall be construed to include: A non-exclusive easement for
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ingress and egress throughout, and for the reasonable use of the Common
Elements.
(d) The reference to the Map or Declaration in any instrument shall be deemed
to include any and all supplements or amendments to the Map or Declaration,
without specific reference thereto.
2.2 DIVISION INTO LOTS, ESTATES OF AN OWNER. Lot ownership shall be
subject to the following:
(a) Subject to the provisions hereof, the Property is hereby divided into
separate fee simple estates. Each such estate shall consist of the separately
designated Lot and the undivided interest in and to the Common Elements therein
set forth. Each Lot's undivided percentage interest in and to the Common Elements
is one-ninth(1/9'"). Such percentage shall be used for all purposes necessary in this
Declaration including, but not limited to, the setting of Membership in the
Association, voting rights and Assessments.
(b) No Owner shall be permitted to physically subdivide the space within one
Lot, or be permitted to physically combine the entire space within one Lot with the
entire space within an adjoining Lot or Lots, except as hereinbelow allowed.
(c) Each Lot, the appurtenant undivided interest in the Common Elements, as
well as all other appurtenances, rights and burdens, shall together comprise one
Lot; shall be inseparable and may be conveyed leased, devised or encumbered only
as a Lot.
(d) A Lot may be held and owned by more than one person as Joint Tenants or
as Tenants in Common, or in any real property tenancy relationship recognized
under the laws of the State of Colorado.
2.3 PHYSICAL BOUNDARIES. In interpreting deeds, mortgages, deeds of trust and
other instruments for any purpose whatsoever, or in connection with any matter, the
existing physical boundaries of any Lot or Common Elements reconstructed in substantial
accordance with the original plans thereof, shall be conclusively presumed to be the
boundaries regardless of settling, rising or lateral movement of land, and regardless of
variances between boundaries as shown on the Map and the actual boundaries of the
Building.
2.4 INSEPARABILITY OF A LOT FROM COMMON ELEMENTS. An Owner's
undivided interest in the Common Elements shall not be separated from a Lot to which it
is appurtenant and shall be deemed to be conveyed or encumbered with the Lot even
though the interest is not expressly mentioned or described in a deed or other instrument
of conveyance.
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2.5 NO PARTITION. The Common Elements shall remain undivided, and no Owner
or any other person shall bring any action for partition or division of the Common
Elements. Similarly, no action shall be brought for the physical partition of a Lot between
or among the Owners thereof, provided, however, an action of partition of a Lot shall be
permitted by sale and the division of the sale proceeds.
2.6 SEPARATE TAXATION. Each Lot shall be deemed to be a parcel and shall be
subject to separate assessment and taxation by each assessing entity and special district for
all types of taxes authorized by law, including ad valorum levies and special assessments.
The lien for taxes assessed to any Lot shall be confined to that Lot. No forfeiture or sale
of any Lot for delinquent taxes, assessments or other governmental charges shall divest or
in any way affect the title to any other Lot.
2.7 COMMON ELEMENT USAGE. All of the Owners of Lots in the Property shall
have a non-exclusive right in common with all of the other Owners to use of sidewalks,
pathways, roads, bus shelters, and streets located within the entire Property. In addition to
rights of use herein described and elsewhere described in this Declaration, the Association,
Board of Directors and Managing Agent, if any, shall have the unrestricted irrevocable
easement to traverse, cross and utilize any portion of the Common Elements which may be
necessary in order to maintain, repair or replace Common Elements. Except as specifically
hereinabove required, no reference thereto, whether such Common Elements are exclusive
or non-exclusive, need be made in any instrument of conveyance or other instrument if
made accordance with this Declaration.
2.8 COMPLIANCE WITH PROVISIONS OF DECLARATION, ARTICLES AND
BY LAWS OF THE ASSOCIATION. Each Owner shall comply strictly with, and shall
cause each of his Guests to comply strictly with, all of the provisions of this Declaration
and the Articles and Bylaws of the Association, and the decisions, rules, regulations and
resolutions of the Association adopted pursuant thereto, as the same may be lawfully
amended from time to time. Failure to comply with any of the same shall be grounds for an
action to recover sums due and for damages or injunctive relief or both, along with costs
of suit and reasonable attorney's fees, maintainable by the Board of Directors in the name
of the Association on behalf of the Owners, or, in a proper case, by an aggrieved Owner.
2.9 LIENS AGAINST LOTS, REMOVAL FROM LIEN, AND EFFECT OF PART
PAYMENT. Upon the completion of the Property by the Declarant and payment of all of
the costs thereof, then, no lien shall arise or be effective against the Property. Liens and
encumbrances shall only arise or be effective against each Lot and the percentage of
undivided interest in the Common Elements appurtenant to the Lot, in the same manner
and under the same conditions as liens and encumbrances may arise or be created upon
any other parcel of real property subject to individual ownership; provided, however, that
no labor performed or materials furnished, with the consent or at the request of an Owner
or his agent shall be the basis for the filing of a lien pursuant to law against the Lot or
other property of another Owner not expressly consenting to or requesting the same,
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except that express consent shall be deemed to be given by the Owner of a Lot to the
Board of Directors in the case of emergency repairs. Labor performed or materials
furnished for the Common Elements, if duly authorized by the Board of Directors in
accordance with the Declaration or Bylaws, shall be deemed to be performed or furnished
with the express consent of the Owner, and shall be the basis for the filing of a lien
pursuant to law equally against each of the Lots within the properties.
2.10 LIEN AGAINST TWO OR MORE LOTS. In the event a lien is effected against
two or more Lots, the Owners of each of the separate Lots may remove their Lot and the
percentage of undivided interests in the Common Elements appurtenant to said Lot from
the lien by payment of fractional or proportional amount attributable to each of the Lots
affected. Individual payment shall be computed by reference to the percentages appearing
in this Declaration. Subsequent to payment, discharge or other satisfaction, the Lot shall
be released from the lien paid, satisfied or discharged. Partial payment, satisfaction or
discharge shall not prevent the lienor from proceeding to enforce his rights against any Lot
not so released or discharged.
2.11 LIEN INDEMNITY. Each Owner shall indemnify and hold each of the other
Owners harmless from and against liability or loss arising from the claim of any lien against
the Lot of the Owner, or any part thereof, for labor performed or for materials furnished in
the course of work performed on such Owner's Lot. At the written request of any Owner,
the Board shall enforce such indemnity by collecting from the Owner of the Lot on which
the labor was performed and materials furnished the amount necessary to discharge any
such lien and all costs incidental thereto, including reasonable attorney's fees by an
Individual Assessment against such Owner in accordance with the provisions of this
Declaration.
2.12 SALE OF A LOT. The right of an Owner to sell, transfer or otherwise convey his
Lot shall not be subject to any right of first refusal or similar restriction.
2.13 RESTRICTIONS ON MORTGAGING LOTS. There are no restrictions on the
right of an Owner to mortgage or otherwise encumber his Lot.
ARTICLE THREE: VARIOUS RIGHTS AND EASEMENTS
3.1 OWNER'S EASEMENT FOR ACCESS, SUPPORT AND UTILITIES. Each
Owner shall have a non-exclusive easement across the Common Elements for access
between his Lot and the public roads and streets adjacent to the Property. In addition,
each Owner shall have a non-exclusive easement in and over the Common Elements,
within the Lot of another Owner, for horizontal and lateral support of the Lot, and for
such utility services as may be available to that Lot including water, sewer, gas, electricity,
heat, telephone, cable networking and television service.
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3.2 EASEMENTS FOR ENCROACHMENTS. If any part of the Common Elements
encroaches or shall hereafter encroach upon a Lot, the Association shall have an easement
for such encroachment and for the maintenance of those Common Elements. If any part of
a Lot encroaches or shall hereafter encroach upon the Common Elements, or upon
another Lot, the Owner of the encroaching Lot shall and does have an easement for such
encroachment and for the maintenance of same. Such encroachments shall not be
considered to be encumbrances either on the Common Elements or on a Lot.
Encroachments referred to herein include, but are not limited to, encroachments caused by
error in the original construction of Common Elements, by error in the Map, by settling,
rising or shifting of the earth, or by changes in position caused by authorized repair,
reconstruction, or movement of the Property or any part thereof.
3.3 EASEMENTS DEEMED APPURTENANT. The easements, uses and rights
herein created for an Owner shall be appurtenant to the Lot of that Owner and all
conveyances and encumbrances of a Lot and other instruments affecting title to a Lot shall
be deemed to grant and reserve the easements, uses and rights to a Lot shall be deemed to
grant and reserve the easements, uses and rights provided for herein, even though no
specific reference to such easements, uses and rights appears in any such conveyance,
encumbrance or other instrument.
3.4 ASSOCIATION RIGHTS. The Association, the Board of Directors and the
Managing Agent, if any, shall have a non-exclusive right and easement to make such use
of and to enter into or upon the Common Elements as may be necessary or appropriate for
the performance of the duties and functions which they are obligated or permitted to
perform under this Declaration; provide that entry onto any Lot be made only at
reasonable times; and except in case of emergency, such entry shall be made after
reasonable notice to the Owner of the Lot.
3.5 EMERGENCY EASEMENTS. A non-exclusive easement for ingress and egress is
hereby granted to all police, sheriff, fire protection, ambulance, and other similar
emergency agencies or persons, now or hereafter servicing the Property, to enter upon all
roads and driveways located in the Property, in the performance of their duties.
3.6 UTILITY EASEMENTS. The Board of Directors has the right to grant utility
easements under, through or over the Common Elements which are reasonably necessary
or useful for the proper maintenance or operation of the Property.
3.7 RESERVED EASEMENTS. Anything to the contrary herein notwithstanding, the
Declarant and its agents hereby reserve reasonable easements and rights-of-way over all
Common Elements and all Lots not yet sold or conveyed for the purpose of improving and
showing the same. Such easements and rights-of-way shall not, however, inhibit the use of
the Common Elements by the Owners and their delegees. These reservations shall
terminate at the option of the Declarant by its written notice to the Secretary of the
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Association, but in any event such reservations shall terminate without further act or deed
not later than:
(a) the sale or conveyance of each Lot within the Property to a party other
than the Declarant; or
(b) four (4) years from the date of the recording of this Declaration in the
Weld County real property records, whichever shall first occur.
ARTICLE FOUR: lilt ASSOCIATION
4.1 MEMBERSHIP. Every person or entity who is an Owner of a fee or undivided
interest in any Lot within the Property shall automatically be a member of the Association,
provided that any such person or entity who holds such interest merely as security for the
performance of an obligation shall not be a member.
4.2 VOTING RIGHTS. The Association shall have one(1)class of voting membership
which shall be all of the Owners as defined herein. Members shall be entitled to one (1)
vote for each Lot owned. When more than one (1) person holds an ownership interest or
interests in any Lot, all such persons shall be members, and the vote provided for herein
shall be exercised as they among themselves determine. In no event shall more than one
(1)vote be cast with respect to any Lot.
4.3 VOTING REPRESENTATIVES. When voting procedures are not otherwise
specified, members shall cast their votes in the Association through duly elected
representatives as provided in the By-Laws of the Association.
4.4 GENERAL PURPOSES AND POWERS. The Association, acting alone, through
its Board of Directors, its officers, or other authorized representatives may, subject to the
provisions of the Association's Articles of Incorporation, the Bylaws, and this Declaration,
exercise any and all rights or powers herein set forth and, except as specifically limited
herein, all the rights and powers of a Nonprofit Corporation under the laws of the State of
Colorado.
4.5 BOARD OF DIRECTORS. The affairs of the Association shall be managed by a
Board of Directors which may by resolution delegate any portion of its authority to an
Executive Committee, or to a Director or Managing Agent for the Association. There
shall be no less than three members of the Board of Directors, unless a lesser number is
designated by resolution duly adopted according to the Bylaws, the specific number to be
set forth from time to time in the Bylaws, all of whom shall be Owners of a Lot. All Board
members shall be elected by the Owners. Regardless of the number of members of the
Board, the terms of at least one-third of such Board shall expire annually; except,
however, that notwithstanding anything herein to the contrary, until the first annual
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meeting of the Members of the Association, the members of the Board shall be appointed
by Declarant. At the time of the first meeting of the Members of the Association, the
Members (including Declarant) shall elect in accordance with the Bylaws, a Board of
Directors replacing the Board of Directors defined in the Articles of Incorporation of the
Association, or other such persons as shall be declared by the Declarant. Special meetings
may be called at any time by the president, the Board of Directors, or upon written request
of one-third of the Members entitled to vote.
4.6 BYLAWS AND ARTICLE. The purposes and powers of the Association and the
rights and obligations with respect to Owners set forth in this Declaration may be
amplified by provisions included in the Articles and Bylaws of the Association.
4.7 INDEMNIFICATION. Each director and officer of the Association shall be
indemnified by the Association against all expenses and liabilities, including attorney's fees,
reasonably incurred by or imposed upon them in connection with any proceeding to which
they may be a party, or in which they may become involved, by reason of being or having
acted as such officer or director upon behalf of the Association. The amount of the
indemnification shall be limited to the extent covered by the director's and officer's Errors
and Omissions Liability Insurance Policies, obtained in advance by the Association, and
only to the extent payable from such policy. The indemnification shall not apply if the said
person is legally adjudged guilty of willful misfeasance, malfeasance, or other willful act in
the perfonnance or non-performance of his duties. In the event of settlement, the
indemnification shall apply only when the insurer approves such settlement. The foregoing
rights of indemnification shall be in addition to and not exclusive of all rights to which
such person would be entitled. The words directors and officers shall not include any
officer, director, agent, or employee of any Managing Agent, or any officer, director,
employee, or agent of any Managing Agent heretofore or hereafter employed by the
Association.
4.8 ASSOCIATION AS ATTORNEY-IN-FACT FOR OWNERS. The Association is
hereby irrevocably appointed attorney-in-fact for the Owners and each and every one of
them, to manage, control, and deal with the interest of such Owner in the Common
Elements so as to permit the Association to fulfill all of its duties and obligations
hereunder, and to exercise all of those rights hereunder, to deal with the Property upon its
destruction, condemnation, or obsolescence as hereinafter provided and to grant utility
easements through any portion of the Common Elements. The acceptance by any person
of an interest in any Lot shall constitute an appointment of the Association as attorney-in-
fact as provided herein. The Association shall have all of the powers necessary to govern,
manage, maintain, repair, administer and regulate the Property, and to perform all of the
duties required thereof.
4.9 OTHER ASSOCIATION FUNCTIONS. The Association may undertake any
activity, function or service for the benefit of; or to further the interest of all, some, or any
Owners of Lots on a self-supporting, Special Assessment or Common Assessment basis.
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Such activities, functions, or services may include the providing of police or similar
security services, the providing of garbage and trash collection services, or any other
reasonable service required to maintain the Property or the Common Elements.
4.10 IMPLIED RIGHTS. The Association shall have, and may exercise, any right or
privilege given to it expressly by this Declaration, or reasonably implied from the
provisions of the Declaration, or given or implied by law, or which may be necessary or
desirable to fulfill its duties, obligation, rights or privilege as set forth herein.
ARTICLE FIVE: COVENANTS FOR MAINTENANCE
AND COMMON ASSESSMENTS
5.1 CREATION OF THE LIEN AND PERSONAL OBLIGATION FOR
ASSESSMENTS. Each Owner of any Lot within the Property, by acceptance of any deed
therefore, whether or not it shall be so expressed therein, or by acceptance of any other
conveyance thereof (except a conveyance in connection with the establishment of a
mortgage) shall be required to covenant and agree to pay to the Association: (1) annual
assessments; (2) special assessments for capital improvements or maintenance thereof; (3)
special assessments in connection with an Owner's failure to perform any required
drainage, preservation, maintenance or improvement of his property that effect the
Property, an adjacent Lot or the Common Elements; and (4) special assessments to
provide for costs incurred by virtue of unforeseen emergencies.
5.2 ANNUAL ASSESSMENT. The annual assessment or charges may, at the
discretion of the Directors, include a reserve for: future capital improvements to the
Common Elements; replacement of and repairs to the improvements located on the
Common Properties, roadways and easements. All assessments herein provided for shall
be assessed by the Association. The assessment shall be levied on an annual basis, and a
special assessment may be levied from time to time when and as determined by the
Directors in accordance with the By-Laws. All the assessments described above, together
with such interest thereon and costs of collection thereof as hereinafter provided, shall be
a charge on Lots in the percentage herein contained and shall be a continuing lien upon the
Lot against which each such assessment is made, subject to foreclosure in accordance with
applicable law, but any such lien shall be subordinate to any valid mortgages or deeds of
trust affecting such property. Each such assessment, together with such interest thereon
and costs of collection thereof shall also be the personal obligation of the person or
persons who are the Owners of such Lot at the time when the assessment falls due, and in
the event that there is more than one Owner thereof, such obligations shall be joint and
several.
53 PURPOSE OF AND USE OF ANNUAL ASSESSMENTS OR CHARGES. The
annual assessments or charges levied shall be used exclusively for the purposes of
.� fopp QArsociotes,p.c.
u 100217uAvenne,Longmont,CO 80501 u iThone 303-776-4045 u Pa;303-682-2777 0
Stamp Minor Subdivision Declaration Page 13 of 33
promoting the recreation, health, safety and welfare of the residents of the Property, and in
particular: (1) for the acquisition of improvements to and maintenance of the Common
Elements, including, but not limited to, the payment of taxes and insurance thereof, and
the repair, replacement and additions thereof, the cost of labor, equipment, materials,
management and supervision thereof; and (2) for the provision of services to the Owners,
including, but not limited, expenses of management, security services, if any, premiums for
all insurance which the Association is required or permitted to maintain pursuant hereto,
water charges, if any, street maintenance, garbage and trash collection, sewer service
charges, if any, wages for Association employees, if any, legal and accounting fees,
payment of any deficit remaining from a previous fiscal year, and any other expenses and
liabilities which may be incurred by the Directors for the benefit of the Owners under or by
reason of this Declaration, including the establishment and maintenance of an adequate
reserve fund for the maintenance, replacement and repair of those portions of the
Common Elements and Limited Common Elements which the Association has an ongoing
duty to replace, repair and maintain on a periodic basis.
5.4 SPECIAL ASSESSMENTS FOR CAPITAL IMPROVEMENTS AND
EMERGENCIES. In addition to the annual assessments described above, the Association
may levy in any assessment year a special assessment, applicable to that year only, for the
purpose of defraying in whole or in part the cost of any construction or reconstruction;
any unexpected repair or replacement of any capital improvement upon the Common
Elements, including the necessary fixtures or items property related thereto; and any
construction or reconstruction, unexpected repair or replacement, including land
rehabilitation and restoration, due to any emergencies.
5.5 CAPITAL CONTRIBUTIONS FOR IMPROVEMENTS, REPAIRS, AND
REPLACEMENTS. In addition to the annual or special assessments described above, the
Association may, but is not required to, levy in any assessment year, either as part or aside
as a reserve for future capital expenditures or a working capital fund, assessments to
collect funds for major repairs to or replacements of improvements located within the
Common Elements or for the future construction of improvements to the Common
Elements. Any funds so collected shall be designated by the Directors as capital
contributions to the Association by the members thereof and shall be segregated and
placed in a separate bank account of the Association to be utilized solely for such
purposes. The special assessment and the capital contribution described herein shall be
subject to the limitation that the combined special assessment and capital contribution in
any single calendar year shall not exceed One Thousand Dollars ($1,000) per Lot without
the consent of two-thirds(2/3rds)of the members of the Association.
5.6 SPECIAL ASSESSMENTS FOR FAILURE TO PROPERLY MAINTAIN A
LOT. In the event that the Owner of any Lot shall fail to maintain the premises and the
improvements situated thereon in a manner satisfactory to the Architectural Review
Committee or of any governmental agency having jurisdiction over the Property, the
Association shall have the right, through its agents and employees, to enter upon said
Kopp 4J4nociater,p.c.
u 1002170Aveau4 Longmont,OO80501 u Ton 303-776-4045 u(Fa;303-682_2777 u
Stamp Minor Subdivision Declaration Page 14 of 33
parcel and to repair, maintain and restore the same and any other improvements erected
thereon in the manner contemplated by the above provisions. The cost of such
maintenance shall thereupon be added to and become part of the annual assessments to
which such parcel is subject as aforesaid and shall likewise be a lien on such parcel, which
assessment may be collected as provided for herein.
5.7 DUE DATE OF COMMENCEMENT AND DETERMINATION OF ANNUAL
ASSESSMENTS AND ASSESSMENT DEPOSIT. The annual assessments provided
herein shall commence and be paid on such dates as is specified in the By-Laws of the
Association. Assessments shall be on a full calendar year basis. At least thirty(30) days in
advance of each calendar year, the Directors shall fix the amount and due date of the
annual assessment against each Lot by estimating the net charges and expenses to be
incurred by the Association. The annual and special assessments shall be in such amounts
as are fixed by the Directors, and shall be without limitation. Separate due dates may be
established by the Directors for special assessments, as defined hereunder, as long as such
dates are set thirty (30) days in advance of such special assessments. Written notice of the
annual and any special assessments shall be sent to every Owner subject thereto as soon as
the amounts are determined.
5.8 EFFECT OF NON-PAYMENT OF ASSESSMENTS AND PERSONAL
LIABILITY OF OWNER. If an assessment is not paid on the date specified as due, then
such assessment shall become delinquent and shall, together with such interest thereon and
costs of collection thereof, as hereinafter provided, thereupon become a continuing lien on
the property of the Owner which shall bind such property in the hands of the then Owner,
his heirs, devisees, personal representatives, successors and assigns. In addition to the lien
rights, it shall be the personal obligation of the then Owner to pay such assessment and
such personal obligation shall continue even though the Owner's interest in the property
shall be transferred.
5.9 INTEREST ON NON-PAID ASSESSMENTS. If any assessment is not paid
within thirty (30) days after the due date, the assessment shall bear interest from the due
date at the rate of eighteen percent (18%) per annum, and the Association may bring legal
action against the Owner personally obligated to pay the same, or foreclose the lien
against the Owner's Lot and there shall be added to the amount of such assessment all
costs incurred by the Association in foreclosing the lien in collecting the amount owing,
including any reasonable attorney's fees.
5.10 SUBORDINATION OF THE LIEN TO MORTGAGES. The grantees of a Lot
(except a First Mortgagee or other purchaser who acquires title to a Lot by foreclosure or
a deed in lieu of foreclosure) shall be jointly and severally liable with the grantors for all
unpaid Assessments and any other charges or sums due and owing to the Association by
said grantors, including the grantors share of the Common Expenses up to the time of the
grant or conveyance, without prejudice to the grantees right to recover from the grantors
the amounts paid by the grantees therefor. As provided aforesaid, the lien of the
xon eZaf+ociates,p.c.
u 1002174Awmns,Longmont,CO 80501 u 4Ytont 303-776-4045 u 'Fax303-682-2777 u
Stamp Minor Subdivision Declaration Page 15 of 33
assessments provided for herein shall be subordinate to the lien of any mortgages now or
hereafter placed upon the property subject to assessment; provided, however, such
subordination shall apply only to the assessments which have become due and payable
prior to the sale or transfer of such property pursuant to a decree of foreclosure, or other
proceeding in lieu of foreclosure. Such sale or transfer shall not release such property from
liability for any assessment thereafter becoming due, nor from the lien of any such
subsequent assessments.
5.11 RIGHT TO REDEEM. Sale or transfer of an interest in any Lot shall not affect the
liens for unpaid Assessments, except that in the event of a sale or transfer of any Lot
pursuant to mortgage foreclosure or deed in lieu of foreclosure, the Association shall still
have the right to recover such amount from the delinquent Owner and shall have all rights
to redemption afforded a lien holder under applicable foreclosure statutes. No transfer of
title shall relieve such Lot from liability for any Assessments thereafter becoming due or
from the lien thereof.
5.12 TRANSFER FEE. Upon payment of a reasonable fee, not to exceed $25.00, and
within ten days after receipt by the Association of a written request from any Owner, or
from any mortgagee of a Lot, the Association, by its Managing Agent or Board, shall issue
a written statement signed by an officer of the Association setting forth: (1) the amount of
the unpaid Common Expenses, if any, with respect to the subject Lot; (2) the amount of
the current annual Assessment; (3) the date that such Assessment becomes due; (4) any
credit for advanced payments for prepaid items, including but not limited to insurance
premiums; and (5) the amount of any other charges or sums due and owing to the
Association by such Owner. Such statement shall be conclusive upon the Association in
favor of all persons and mortgagees who rely thereon in good faith.
ARTICLE SIX: BASIS OF ASSESSMENT.
6.1 ANNUAL ASSESSMENT FOR COMMON EXPENSES. The Board of Directors
shall assess against each Owner of a Lot within the Property, including the Declarant, an
Annual Assessment for Common Expenses, to pay for the expenses of the maintenance,
repair, replacement and operation of the Common Elements of and procuring and
maintaining proper insurance coverage therefor. The Assessment shall include the expense
of providing reserve funds established for future expected expenditures, and shall be
apportioned among all Lots based on that Lot's undivided interest in the Common
Elements as contained herein.
6.2 INDIVIDUAL ASSESSMENTS. The Board of Directors shall have the right to
individually assess against any Owner amounts as provided for by this Declaration. No
Individual Assessment shall be assessed until:
7fopp QAuociates,p.c.
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(1) the affected Owner has been given thirty (30) days written notice as to the
reason for the Assessment;
(2) the affected Owner or Owners have had the opportunity for a hearing
before the Board of Directors; and
(3) the Board of Directors levy the Assessment by a two-thirds vote of the
total vote of all the Board of Directors.
6.3 FINES. The Board of Directors of the Association shall have the right to assess a
fine against an Owner or Owners for each violation of this Declaration, the Bylaws, the
Articles and the Rules and Regulations of the Association. No such fine shall be assessed
until:
(1) the affected Owner or Owners have been given reasonable notice as to the
reason for the fine;
(2) the affected Owner or Owners have had the opportunity for a hearing
before the Board of Directors; and
(3) the Board of Directors levy the fine by a two-thirds vote of the total vote
of all of the Board of Directors.
6.4 LIMIT TO FINES. No fine may be assessed for more than one percent of such Lot
Owner's Annual Assessment for Common Expenses for any one violation, but each day
the violation continues after the fine has been assessed against an Owner is a separate
violation. Any such fine is different from, and in addition to, any late charge imposed
pursuant to this Declaration.
6.5 LEVY OF ASSESSMENTS. At least thirty (30) days prior to the end of the
Association's fiscal year, the Board shall determine the estimated Annual Assessments for
Common Expenses payable during the year by each Owner, provided however, that the
Assessments may be re-evaluated, changed, or adjusted upon a finding of necessity by the
Board, but no more than twice in any one year. As soon as practicable after the close of
each fiscal year, actual expenses shall be totaled and any overages or shortages of actual
expenses and Assessments made shall then be charged or credited to each Owner. The
Board of Directors shall have the right to establish an escrow account for each Lot to
which all Assessments shall be paid.
6.6 NON-WAIVER. The omission or failure of the Board of Directors to fix the
Assessment for any period shall not be deemed a waiver, modification or release of the
Owners from their obligations to pay.
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Stamp Minor Subdivision Declaration Page 17 of 33
6.7 EXEMPTION. Fines and Individual Assessments may be assessed at any time as
required and are exempt from any other voting requirements required for the Assessment
of other Assessments called for under this Declaration.
6.8 NON-EXEMPTION. No Owner shall be relieved from payment of any Assessment
or charge by waiver or suspension of the use of any of the Common Elements or by the
abandonment of his Lot.
6.9 SPECIAL ASSESSMENTS. In addition to the Assessments authorized above, the
Board may levy in any Assessment year, a special Assessment applicable for that year
only, for the purpose of defraying in whole or in part, any unexpected expense, to include
but not to be limited to, the cost of any construction, reconstruction, repair or replacement
of any of the Common Elements, provided that any such Assessment shall have the assent
of two-thirds of the Owners who are voting in person or by proxy at a meeting duly called
for this purpose.
6.10 OTHER EXPENDITURES. The limitation set forth above shall not apply to any
expenditure made by the Board of Directors for the maintenance and repair of the
Common Elements, or for the repair in the event of damage, destruction, condemnation,
and obsolescence of any Common Element.
6.11 NOTICE AND QUORUM NEEDED TO LEVY A SPECIAL ASSESSMENT.
Written notice of any meeting called for the purpose of levying a Special Assessment shall
be sent to all Owners not less than thirty (30) days nor more than sixty (60) days in
advance of the meeting. At the first such meeting called, the presence of Owners or of
proxies entitled to cast sixty percent of the Owners shall constitute a quorum. A majority
vote of the quorum shall control. If the required quorum is not present, another meeting
may be called subject to the same notice requirement, and the required quorum at the
subsequent meeting shall be one-half of the required quorum at the preceding meeting. No
such subsequent meeting shall be held more than sixty days following the preceding
meeting.
6.12 UNIFORM MANNER OF ASSESSMENT. Annual Assessments for Common
Expenses and Special Assessments must be assessed in a uniform manner upon all Lots
which are subject to such Assessment.
6.13 HOMESTEAD EXEMPTION. The lien of all Assessments created and defined by
this Declaration shall be superior to any homestead exemption as is now or may hereafter
by provided by Colorado or Federal Law. The acceptance of a deed to land subject to this
Declaration shall constitute a waiver of the homestead exemption as against any
Assessment lien.
6.14 FORECLOSURE OF LIENS. Any lien accruing hereunder shall be foreclosed
upon as provided by the laws of the State of Colorado for foreclosure of mortgages on
real property.
.7Ctpp etfssociates,p.c.
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ARTICLE SEVEN: RESTRICTIVE COVENANTS AND OBLIGATIONS
7.1 COVENANTS, CONDITIONS AND RESTRICTIONS. The Property is and shall
be held, transferred, sold, conveyed, leased and occupied subject to the protective
covenants, conditions, and restrictions set forth in this Declaration, all of which shall run
with the land; provided, however, that in the event of any conflict between the
requirement of this Declaration and the requirements of the zoning, building, and codes of
Weld County, Colorado, the more restrictive of the two shall govern. In addition to the
restrictive covenants contained herein, Weld County's "Right to Farm" as promulgated
hereinbelow shall temper and moderate all uses outlined herein.
"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.
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 simple 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, CRS., 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.
Weld County covers a land area of over 4,000 square miles in size (twice
the State of Delaware) with more than 3,700 miles of state and county
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u 100217'Anemic Longmont,CO 80501 u Phone 303-776-4045 u'Fat,303.682-2777 u
Stamp Minor Subdivision Declaration Page 19 of 33
roads outside of municipalities. The sheer magnitude of the area to be
served stretches available resources. Law enforcement is based on
responses to complaints more than on patrols of the county and the
distances which must be traveled may delay all emergency responses,
including law enforcement, ambulance, and fire. Fire protection is usually
provided by volunteers who must leave their jobs and families to respond
to emergencies. County gravel roads, no matter how often they are bladed
will not provide the same kind of surface expected from a paved road
Snow removal priorities mean that roads from subdivisions to arterials
may not be cleared for several days after a major snowstorm. Snow
removal for roads within subdivisions are of the lowest priority for public
works or may be the private responsibility of the homeowners. Services in
rural areas, in many cases, will not be equivalent to municipal services.
Rural dwellers must, by necessity, be more self-sufficient than urban
dwellers.
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 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."
7.2 MEMBERS' EASEMENTS AND RIGHTS OF ENJOYMENT. Subject to the
provisions hereinafter set forth, every Lot Owner shall have a right and easement of
enjoyment in and to the Common Elements and such easement shall be appurtenant to and
shall pass with the title to every Lot within the Property which is subject to this
Declaration.
7.3 EXTENT OF MEMBERS' RIGHTS AND EASEMENTS. The rights and
easements of enjoyment created hereby shall be subject to the following:
(a) The obligation of each member to maintain the Common Properties in a
reasonable fashion, keeping the common areas free from trash, weeds, and
unwanted debris.
(b) The right of the Association, as provided by its By-Laws, to suspend the
enjoyment rights of any member for any period during which any assessment
remains unpaid, and for such period as it considers appropriate for any infraction
of its published rules and regulations.
.xopp t$ssociates,p.c.
u 100217'1Avrnnr,Longmont,CO 80501 V(Phone 303-7764045 u'ra;303-682-2777 u
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(c) The right of the Declarant and the Association to grant temporary
easements for storage of construction materials, dirt, and similar items to Owners
of Lots or to the Declarant during the construction of improvements upon any
areas within the Property, provided that following the completion of such
construction such Owners and Declarant, whoever shall have been granted such
privilege, shall forthwith proceed to remove all materials and dirt from the
Common Elements and restore the same to the condition acceptable to the
Architectural Review Committee, all at the sole cost and expense of the Owner or
the Declarant, as the case may be.
7.4 EXTENSION OF RIGHTS AND BENEFITS. Every member of the Association
shall have the right, subject to rules and regulations promulgated by the Directors, to
extend the rights and easements of enjoyment vested in such member under this Article to
each of such member's tenants, guests, household employees, and to each family member
who resides with such Owner and to such other person as may be permitted by the
Association.
7.5 NO OBSTRUCTION OF COMMON ELEMENTS. There shall be no obstruction
of the Common Elements, nor shall anything be stored on any part of the Common
Elements without the prior written consent of the Board of Directors. Nothing shall be
altered, constructed on, or removed from, the Common Elements except upon the prior
written consent of the Board of Directors of the Association.
7.6 ANIMAL LITTER. Dogs, cats and other household or farm animals shall not litter
the Common Elements. It shall be the duty of the Association to keep the Common
Elements free from litter caused by and left by animals owned by Lot Owners. The owners
of animals known to be at large upon the Common Elements shall be properly assessed in
accordance with the provisions of this Declaration by the Directors for the cleanup
expenses incurred, together with the costs of collection and enforcement, to include
reasonable attorney's fees, if necessary, as an Assessment against the Owner of such
animal causing such litter.
7.7 NUISANCES. No noxious or offensive activity shall be carried on within the
Property, nor shall anything be done or maintained thereon which may be or become an
annoyance or nuisance to the neighborhood or detract from its value as an attractive rural
residential lot. Habitually barking or howling dogs are deemed to be a nuisance. No
activity shall be conducted on any part of the Property which is, or might be, unsafe or
hazardous to any person. All rubbish, trash or garbage shall be regularly removed from the
Property and shall not be allowed to accumulate thereon. Wrecked or inoperable cars and
tractors are prohibited from being parked or placed anywhere upon the Property, as are
any automotive supplies, automotive parts or body sections.
7.8 NO UNSIGHTLINESS. No activity shall be conducted on any part of the
Property which is, or might be, unsafe, unsightly, unhealthy or hazardous to any person.
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Without limiting the generality of the foregoing, nothing shall be kept or stored on or in
any of the Common Elements and nothing shall be hung or placed upon any of the
Common Elements which would or might create an unsightly appearance.
7.9 PROHIBITION OF CERTAIN ACTIVITIES. Nothing shall be done or kept in
any Lot or in the Common Elements or any part thereof which would result in the
cancellation or non-renewal of the insurance on the Property or increase the rate of the
insurance on the Property over what the Association would pay, but for such activity,
without the prior written consent of the Association Board of Directors.
7.10 NO VIOLATION OF STATUTE OR ORDINANCE. Nothing shall be done or
kept in any Lot on or in the Common Elements or any part thereof which would be in
violation of any statute, ordinance, regulations, or other validly imposed requirement of
any governmental body having jurisdiction over the Property. No noxious, destructive,
offensive or illegal activity shall be carried on in any Lot or Common Elements or any part
thereof, nor shall anything be done therein which may be or may become an annoyance or
nuisance to others. Nothing shall be altered, constructed on or removed from the Common
Elements without the prior written consent of the Association Board of Directors.
7.11 PARKING. Automobile, tractor trailer, trailer, fans equipment and farm
accessories, truck, motorcycle and/or other vehicle parking shall be subject to Regulations
and restrictions as promulgated by the Association Board of Directors.
7.12 RIGHT OF ACTION. The Association and any aggrieved Lot Owner shall have an
appropriate right of action against Lot Owners for failure to comply with the Declaration,
Bylaws of the Association, Articles of Incorporation and Rules and Regulations of the
Association, or with decisions of the Board of Directors of the Association which are
made pursuant thereto. Lot Owners shall have a similar right of action against the
Association.
7.13 EXISTING USE OF LOT FIVE NOT A NUISANCE. Notwithstanding the
above, all Lot Owners and subsequent Lot purchasers hereby acknowledge that the
existing riding arena, its appurtenances and appurtenant uses located on Lot 5 of the
Property constitute a prior and existing use that shall continue at the pleasure of the
Owner of Lot 5, with such use including, but not limited to, equestrian riding and
associated traffic, dust, noise, loafing sheds, corrals, animal pens, odors from animal
confinement, and other animal husbandry uses, customs and practices, as well as outdoor
day and night lighting for various purposes and proceedings. This existing use shall not be
deemed a nuisance or any other violation of this section so long as such uses remain
consistent with and legal or conforming under present Weld County rules and regulations.
ARTICLE EIGHT: LOTS AND LOT USAGE
.7topp et Associates,p.c.
V 1002170Anmue,longmaut,CO 80501 V Tflone 303-776-4045 u 4'x;303-682-2777 V
Stamp Minor Subdivision Declaration Page 22 of 33
8.1 LOTS. Lots shall be subject to the herein referenced covenants, conditions and
restrictions as well as the following specific items:
(a) PERMITTED USES.
(1) Each platted Lot shall be used and occupied for residential purposes
only by a single family. No more than one dwelling shall be constructed on any
Lot.
(2) All residences within the Property shall be fixed location homes
constructed on the premises, and no previously constructed building or structure
shall be placed on any Lot. Any structure which is detached from the dwelling shall
be constructed in the same style and materials as reasonably possible, however, in
keeping with the rural nature and character of the Property, pole barn and steel
structures shall be allowed subject to review by the Architectural Review
Committee.
(3) No structure of a temporary character of any kind shall be used as a
residence at any time, either temporary or permanently.
(4) Every residence shall be built of a style approved by the
Architectural Control Committee with a minimum of 1,500 square feet for a single
story residence, with a minimum of 1,000 square feet on the main floor for a two-
story residence, or other multi-level living area, exclusive of porches, basements,
garages, patios and outbuildings or structures. Each primary dwelling constructed
on a Lot shall otherwise comply with the minimum building and setback
requirements of the zoning and building codes of Weld County, Colorado, and of
the Architectural Review Committee.
(5) Every residence shall conform to the then applicable provisions of
the Estate Zone District as promulgated by Weld County, Colorado at the time of
construction and as thereafter required.
(6) All fencing and boundary marker materials and designs are to be
approved by the Architectural Control Committee, keeping mind the rural and
agricultural nature of the Property.
(7) All electric, telephone, television cable, network cabling and other
utility lines shall be placed underground when extended from the street or Lot line
to any dwelling or other improvement on a Lot.
(b) SPECIAL LOT RESTRICTIONS.
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Stamp Minor Subdivision Declaration Page 23 of 33
(1) All dwellings will be set back from the boundaries of the Lot as
provided in the setback limitations set forth in the zoning code of Weld County,
Colorado and on the Map of the Stamp Minor Subdivision.
(2) All dwellings shall be sprinklered with an approved residential
pump and storage tank system with such system to be approved by the Mountain
View Fire Protection District or its successor prior to or within the time period
required by such entity.
(c) PETS AND OTHER ANIMALS.
(1) Owners may keep horses, cattle, sheep, goats, pigs, poultry of any
kind and animals associated with 4-H Club, F.F.A (Future Farmers of America)
and other such animal, pet or agriculture organizations, excepting exotic animals as
defined by Weld County rules and regulations, so long as such animals meet Weld
County Code § 23-3-440 Bulk Requirements, Item H, "Maximum number of
Animal Units": one (1) per acre, not to exceed eight (8) Animal Units per Lot.
Owners shall provide reasonable shelters for animals. In addition, the property
owner shall be responsible for keeping the shelter and grounds in clean and
sanitary conditions at all times and if not complied with, the Association shall have
the authority to hire a cleaning service to clean the area, and the Lot Owner hereby
agrees to pay for said cleaning. Any unpaid amounts may be assessed to a Lot as
herein provided.
(2) Notwithstanding the provisions outlined above regarding permitted
animal uses, no Owner shall keep any pets or other animals in a manner that would
constitute a nuisance or violates applicable local, county or state zoning
ordinances, restrictions or laws.
(d) LANDSCAPING AND MAINTENANCE.
(1) Lot Owners are encouraged to landscape their Lots, using
indigenous species. The Association shall retain the right to require that trees and
shrubs on a Lot be located or trimmed so as to preserve or enhance the view from
other Lots within the immediate vicinity.
(2) Lots shall be fully landscaped (within a reasonable area in front and
on sides of residences only) by the owner within one (1) year after owner builds a
residence on a Lot. The owner shall plant appropriate ground cover such as
dryland grasses on the remaining area of the Lot. The owner shall maintain his Lot
from noxious weeds, whether developed or not. The area of residential landscaping
shall be within the review of the Architectural Review Committee.
(3) A Lot and all improvements thereon shall be maintained at all times
by the Owner in good condition and repair. The Owner shall cause all dwellings
xopp QAssociates,p.c.
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and other improvements to be refinished, resurfaced or repaired periodically as
effects of damage, deterioration or weather become apparent. All appropriate
repairs and replacements shall be made as often as necessary. Unsightly conditions
shall constitute a nuisance as defined herein.
(e) SIGNS. No signs whatsoever shall be permitted within any Lot, with the
exception of those listed below:
(1) Signs required by legal proceedings.
(2) Residential identification signs constructed of materials which are
compatible with the architecture of the area, and these shall be subject to the
approval of the Architectural Review Committee prior to erection thereof. Such
signs shall not exceed a total face area of six(6) square feet.
(3) Signs of the type usually used by contractors, subcontractors and
tradesmen may be erected during the authorized time of construction; provided
that such signs are the style, color, and material approved by Declarant and to not
exceed a total face are of six (6) square feet.
(4) "For Sale" signs on vacant Lots or for homes under construction
must be the style, color, and materials approved by Declarant. With reference to
For Sale or For Rent signs for residential resales, the same may be erected upon a
Lot, provided that no more than two signs are erected and that such signs do not
exceed a total face area of six (6) square feet each unless otherwise approved in
advance in writing by the Association.
(5) No sign shall exceed a height of four(4)feet from grade.
(6) In addition, all signs shall be subject to all applicable local, county
or state signage ordinances, restrictions or laws.
8.2 SUBDIVISION AND COMBINING OF LOTS. No Lot may be divided or
subdivided or a fractional portion thereof sold or conveyed so as to be held in divided
ownership (except that adjoining Lot Owners may sell or purchase adjoining property to
accomplish relocation of the boundary line between such Lots if'first approved in writing
by the Architectural Review Committee). In such cases, the new boundary line thus
established shall be deemed a new boundary line between the respective Lots but no
setback line or easement established with respect to the former boundary line shall be
shifted or changed by reason of the change of boundary line. In addition to approval of the
Architectural Review Committee, the party or parties shall also seek the formal approval
of the appropriate Weld County Land use or Planning Department of such property
division.
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8.3 WELD COUNTY REQUIREMENTS. Notwithstanding the above-referenced
covenants, conditions and restrictions as well as any and all rules and regulations as
promulgated by the Association, all Lots shall be further required to comply with any and
all Estate Zone District Requirements set forth in Section 23 of the present Weld County
Code and as further set forth in the recorded Zone Change, Vicinity and Land Use Map
for Stamp Minor Subdivision, as amended from time to time.
ARTICLE NINE: INSURNACE.
9.1 LIABILITY INSURANCE. The Association shall be required to maintain liability
insurance insuring against injury to persons or property as a result of authorized or insured
use of the Common Elements. Such insurance shall be maintained with a company licensed
to do business in the State of Colorado and shall have minimum limits of liability for injury
or damage to persons or property in the amount of One Million Dollars ($1,000,000.00),
with such amount to be adjusted periodically and increased if the same is required in the
reasonable judgment of the Board of Directors of the Association and if such increased
amounts of insurance are available for purchase at such time.
9.2 LOT OWNER INSURANCE. Owners may carry other liability insurance for their
benefit and at their expense, provided that the liability of the carriers issuing insurance
obtained by the Board shall not be affected or diminished by reason of any such additional
insurance carried by any Owner.
9.3 LOT OWNER PROPERTY INSURANCE. Insurance coverage on buildings,
furnishings, including carpet, draperies, oven, range, refrigerator, dishwasher, wallpaper,
disposal and other items of personal property belonging to an Owner, and public liability
coverage within each Lot shall be the sole and direct responsibility of the Owner thereof
with the Board, the Association and the Managing Agent having no responsibility therefor.
9.4 NOTICE TO FIRST MORTGAGEE. In the event that there shall be any damage,
destruction, or loss to a Lot which exceeds $1,000.00, or any damage, destruction, or loss
to the Common Elements which exceeds $10,000.00, notice of such damage or loss shall
be given by the Association to the First Mortgagee of said Lot or, in the case of loss
affecting the Common Elements, to all First Mortgagees, within ten days after the
occurrence of such event or as soon as reasonably possible thereafter.
9.5 ADDITIONAL INSURANCE PROVISIONS. All Association policies of
insurance shall provide that the insurance thereunder shall be invalidated or suspended
only in respect to the interest of any particular Owner:
(1) who is guilty of a breach of warranty, act, omission, negligence or
noncompliance with any provision of such policy, including payment of that
portion of the insurance premium applicable to that Owner's interest; or
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(2) who permits or fails to prevent the happening of any event, whether
occurring before or after a loss, which under the provisions of such policy would
otherwise invalidate or suspend the entire policy; but the insurance under any such
policy, as to the interests of all other insured Owners not guilty of any such act or
omission, shall not be invalidated or suspended and shall remain in full force and
effect.
ARTICLE TEN: MAINTENANCE,ADDITIONS AND ALTERATIONS:
ARCHITLCTURAL REVIEW COMMITTEE
10.1 ARCHITECTURAL REVIEW COMMITTEE. There is hereby established an
Architectural Review Committee consisting of three (3) members. All of the members
shall be appointed by the Board of Directors of the Associations and each member shall be
a Lot Owner or that Lot Owner's authorized representative, however, until eight (8) Lots
have been conveyed to new Owners, the Declarant shall constitute the Architectural
Review Committee for purposes of this provision. The vote of a majority of the members
shall constitute the action of the Architectural Review Committee, unless the Declarant is
acting alone. The Architectural Review Committee shall have the right to employ
consultants to assist in the performance of its functions hereunder, however, members of
the Architectural Review Committee may not receive compensation for services rendered.
10.2 AGREEMENT TO BE BOUND BY CONVEYANCE. Whether or not provisions
are specifically stated in any conveyance of acceptance of title hereto, by taking possession
of any Lot, Owner covenants and agrees that no building, wall, swimming pool, aerial
antenna, fence or other structure shall be placed upon any Lot or the Common Elements
unless and until the plans and specifications and the plot plans (in manner and form
satisfactory to the Architectural Review Committee showing the proposed improvements,
plot layout and all exterior elevations, materials and colors, landscaping, grading,
easements and utilities, and such other information as may be requested by said
Committee) have been approved in writing by the Architectural Control Committee. Such
plans and specifications shall be submitted in writing and be signed by the Owner or the
Owner's authorized agent. Each such improvement shall be placed on the premises only in
accordance with the plans and specifications and plot plan so approved. The appearances
of any building to be constructed on any Lot must enhance the environmental
surroundings, and the committee must approve or disapprove the structure and the
exterior of any buildings, which must be constructed of same or similar materials as that of
the main dwelling, excepting outbuildings, loafing sheds, barns, pole barns, or other rural
character buildings. Refusal or approval of plans and specifications by the Committee may
be based upon any grounds, including purely aesthetic grounds within the sole and
uncontrollable discretion of the Committee or its assigns. No alterations in the exterior
appearance of the building or structures shall be made without like approval. The issuance
.xopp cassociates,p.c.
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of a building permit which may be in contravention of this Declaration, shall not prevent
the Committee from enforcing these provisions.
10.3 FEE FOR REVIEW. The Architectural Review Conunittee shall have the right to
charge persons submitting such plans, other than Declarant or the Association, a
reasonable fee for reviewing each application for approval of the plans and specifications
in an amount not to exceed Five Hundred Dollars ($500) with respect to any single
submittal with reference to construction or expansion of a dwelling on a Lot or
remodeling thereof and a fee not to exceed Two Hundred Dollars ($200) with reference
to approval of landscaping plans or modifications to existing landscaping; provided,
however, that no separate landscaping submittal fee shall be charged for landscaping plans
submitted in connection with initial construction of a dwelling on a Lot.
10.4 APPROVAL, Approval shall be based, among other things, on: suitability of
exterior design, colors, and materials, relation of the proposed improvements to the
natural topography, grade and finished ground elevation; relation of the structure to that
of neighboring structures and natural features of the Property; and conformity of the plans
and specifications to the purpose, plan and intent of these covenants. The Architectural
Review Committee shall have the right to require and approve landscaping plans. The
Architectural Review Committee shall not arbitrarily or unreasonably withhold its
approval of such plans and specifications.
10.5 FAILURE TO APPROVE. If the Architectural Review Committee fails either to
approve or to disapprove such plans and specifications (including resubmission of
disapproved plans and specifications which have been revised)within thirty(30)days after
the same have been submitted to it (provided that all required information has been
submitted), it shall be conclusively presumed that said plans and specifications have been
approved subject, however, to the restrictions contained in herein regarding governmental
approval. The Architectural Review Committee shall notify the Owner in writing upon
receipt of all required plans and specifications and the aforesaid thirty-day period shall
commence on the date of such notification.
10.6 DAMAGES. Neither the Architectural Review Committee, nor Declarant, nor
their respective successors or assigns, shall be liable in damages to anyone submitting
plans to the Architectural Review Committee for approval, or to any Owner affected by
this Declaration, by reason of mistake in judgment, negligence or nonfeasance arising out
of or in connection with the approval or disapproval or failure to approve any such plans
and specifications. Every Owner or other person who submits plans to the Architectural
Review Committee for approval agrees, by submission of such plans and specifications,
that he will not bring any action or suit against the Architectural Review Committee or
Declarant to recover any such damages. Approval by the Architectural Review Committee
shall not be deemed to constitute compliance with the requirements of any local building
codes, and it shall be the responsibility of the Owner or other person submitting plans to
the Architectural Review Committee to comply therewith.
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10.7 REPAIR AND REPLACEMENT. All repairs and replacements shall be
substantially similar to the original construction and installation and shall be of first-class
quality, but may be done with contemporary building materials and equipment, keeping in
mind the original architectural approval, if any, and the rural nature of the Property.
ARTICLE ELEVEN: ENFORCEMENT OF RESTRICTIONS
11.1 ABATEMENT AND SUIT. The provisions herein contained shall run with the
land, and be binding upon and inure to the benefit of the Declarant and the Owners of
every Lot within the Property. Each Owner, by acquiring an interest in the Property,
appoints irrevocably the Association as such Owner's attorney-in-fact for such purposes;
provided, however, that if an Owner notifies Association in writing of a claimed violation
of the provisions herein contained and fails to take action to remedy the violation within
thirty (30) days after receipt of such notification, then, and in that event only an Owner
may separately at such Owner's own cost and expense, enforce the provisions herein.
Violation of any of the provisions herein contained shall give the Association the right; (1)
to enter upon the portion of the Property wherein said violation or breach exists and
summarily to abate and remove, at the expense of Owner, any structure, thing or condition
that may be or exists thereon contrary to the intent and meaning of the provisions hereof;
(2) to prosecute a proceeding at law or in equity against the person or persons who have
violated or are attempting to violate any of the provisions herein to enjoin or prevent them
from doing so; and (3) to cause said violation to be remedied or to recover damages for
said violation.
11.2 DEEMED TO CONSTITUTE A NUISANCE. Every violation of this Declaration
or any part thereof is hereby declared to be and to constitute a nuisance, and every public
or private remedy allowed therefore by law or equity against the Owner, shall be
applicable against every such violation and may be exercised by Declarant or any Owners
pursuant to Section 1 of this Article VI.
11.3 REMEDIES. In any legal or equitable proceeding for the enforcement or to
restrain the violation of this Declaration or any provision hereof, the losing party or parties
shall pay the reasonable attorneys' fees of the prevailing party or parties in the amount as
may be fixed by the Court in such proceedings. All remedies provided herein or at law or
in equity shall be cumulative and not exclusive.
11.4 NONWAIVER. The failure of the Declarant or of the Architectural Review
Committee or the Association to enforce any of the provisions of this Declaration herein
contained shall in no event be deemed to be a waiver of the right to do so for subsequent
violations or of the tight to enforce any other provisions thereof and the above-named
entities shall not be liable therefore.
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11.5 CERTIFICATE OF COMPLIANCE. Upon payment of a reasonable fee, not to
exceed Twenty-Five Dollars($25.00), and upon written request of any Owner, mortgages,
or prospective Owner of any property covered by this Declaration, the Declarant or the
Association shall issue an acknowledged certificate in recordable form setting forth
generally whether or not to the best of Declarant's or the Association's knowledge, the
Owner is in violation of any of the terms and conditions of the Declaration. The written
statement shall be conclusive in favor of the persons who rely thereon in good faith. Such
statement shall be furnished within a reasonable time, but not to exceed twenty (20) days
from the receipt of a written request for such written statement. In the event of a failure to
furnish such written statement within twenty (20) days, unless there is a recorded lien
against the property, it shall be conclusively presumed that there are no known violations
of the terms and conditions of the Declaration or unpaid assessments relating to such Lot
as to which the request was made and that said Lot is in conformance with all the terms
and conditions of the Declaration. This provision may be contained in a separate certificate
of combined with a Transfer Fee request. If combined, one fee shall cover both the
certification of compliance and the transfer fee matters.
ARTICLE TWELVE: GENERAL PROVISIONS
12.1 RULES AND REGULATIONS. The Association and the Architectural Review
Committee shall have the right to promulgate and adopt such reasonable rules and
regulations as are required to carry out the purpose and intent of the protective covenants
set forth in Article VII hereof and the other provisions of this Declaration; however, that
nothing contained herein shall be deemed to expand the powers of or grant additional
powers to the Architectural Review Committee or the Association beyond those provided
for in this Declaration. The Architectural Review Committee shall have the right to adopt
architectural standards, sign standards, construction regulations and such other rules and
regulations as it deems necessary or appropriate, which rules, regulations, and standards
may be modified from time to time in the reasonable discretion of the Architectural
Review Committee.
12.2 POWER TO ENFORCE. The Association shall have full power and authority to
enforce compliance with this Declaration, the Bylaws, and the Rules and Regulations, in
any manner provided for by law or in equity, including, without limitation, the right to
enforce the Declaration, Bylaws, and Rules and Regulations by bringing an action for
damages; an action to enjoin the violation or specifically enforce the provisions of this
Declaration, the Bylaws, and the Rules of Regulations; to enforce the liens provided for
herein and any statutory lien provided by law, including the foreclosure of any lien and the
appointment of a receiver for the Lot Owner and the tight to take possession of the Lot of
any Owner in a manner provided for by law. In the event the Association shall appoint an
attorney to enforce the provisions of this Declaration, Bylaws, or the Rules and
Regulations against any Lot Owner, the prevailing party shall be entitled to reasonable
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attorney's fees and costs, in addition to any other amount due as provided for herein. All
sums payable hereunder by a Lot Owner shall bear interest at twelve percent per annum
from the date due, or if advanced costs and fees are incurred by the Association or any
other Lot Owner pursuant to authorization contained in this Declaration, commencing ten
days after a payment is requested. All enforcement powers of the Association shall be
cumulative.
12.3 NO REPRESENTATIONS. Except as expressly set forth herein, Declarant makes
no representations regarding use of the Property and the restrictions placed thereon by
these covenants by Weld County or by other governmental authorities. Declarant makes
no representations as to the existence, preservation or permanence of any view from any
Lot.
12.4 DURATION AND AMENDMENT. The duration of and the amendment to the
Declarations shall be as follows:
(a) This Declaration, every provision hereof and every covenant, condition,
restriction and reservation contained herein shall run with and bind the Property
and shall continue in full force and effect for a period of fifty (50) years from the
date hereof, and shall thereafter be automatically extended for successive periods
of ten(10)years unless otherwise terminated or modified as hereinafter provided.
(b) This Declaration or any provision hereof may not be terminated, extended,
modified or amended, as to the whole of the Property or any portion thereof
without the written consent of the Members. A written notice of any proposed
termination, extension, modification or amendment shall be sent by registered mail
to every member of the Association at least thirty (30) days in advance of any
action taken. If no response to the written notice is received by the Association,
approval by the non-responding proposed member of termination, extension,
modification, or amendment shall be conclusively presumed. Such termination,
extension, modification or amendment shall be immediately effective after such
written notice has been given upon recording a written instrument in the office of
the Clerk and Recorder of Weld County, Colorado, reflecting that the required
consents have been obtained, which instrument is executed and acknowledged by
the President or Vice President of the Association.
12.5 NOTICES. Each Owner shall register his or her postal service mailing address
with the Association, if different than the designated address of the Owner's Lot in the
Property Map or by the appropriate governmental or postal authorities. Notices provided
for in this Declaration shall be in writing and shall be sufficiently given when delivered
personally, or seventy-two hours after deposit in the United States mail, postage prepaid,
addressed to a Lot Owner at the last address such Lot Owner designated to the
Association for the delivery of notices, or in the event of no such designation, at such Lot
Owner's last know address, or if there be none, at the designated address of the Lot.
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Notices to the Association shall be addressed to the address designated by the Association
by written notice to all Lot Owners, or by recordation of a notice of change of such
address.
12.6 SEVERABILITY. All of the provisions contained in this Declaration shall be
construed together, but if it shall at any time be held that any one of such provisions, or
any part thereof, is or has become invalid, or for any reason is or has become
unenforceable, no provisions, or any part thereof, shall be thereby affected or impaired.
12.7 BENEFITS AND BURDENS. The terms and provisions contained in this
Declaration shall bind and inure to the benefit of the Declarant, the Association and the
Owners located within the Property and their respective heirs, successors, personal
representatives, and assigns.
12.8 WAIVER. The failure of any person or entity designated herein to enforce any
provision of this Declaration shall in no event be deemed to be a waiver of the right to do
so for any subsequent violations. Moreover, the right to enforce any other provisions of
this Declaration shall not be waived by such a failure nor shall there be any liability
therefore.
12.9 SINGULAR AND PLURAL. Words used herein, regardless of the number and
gender specifically used, shall be deemed and construed to include any other number,
singular or plural, and any other gender, masculine, feminine or neuter, as the context
requires.
12.10 RULE AGAINST PERPETUITIES. If any provision of this Declaration would
violate the Rule Against Perpetuities or any other limitation on the duration of the
provisions contained herein imposed by law, then such provisions shall be deemed to
remain only in effect for the maximum permissible period permitted by law.
12.11 SUCCESSORS AND ASSIGNS. This Declaration shall be binding upon and shall
inure to the benefit of the Declarant, Association, and each Lot Owner(s), and the heirs,
personal representatives, successors and assigns of each of them.
12.12 NO WAIVER. No provision contained in this Declaration shall be deemed to have
been abrogated or waived by reason of any failure to enforce the same, irrespective of the
number of violations or breaches which may occur.
12.13 ATTORNEY'S FEES AND COSTS. If any action is brought in a court of law or
set for arbitration as to the enforcement, interpretation, or construction of any of these
covenants, conditions, restrictions, or provisions of this Declaration, the prevailing party in
such action shall be entitled to recover the costs incurred in the prosecution or defense of
any such action or arbitration, including a reasonable amount for attorney's fees.
Attorney's fees and costs may be paid by mutual stipulation of the parties.
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12.14 GOVERNING LAW AND INTERPRETATION. The provisions of this
Declaration shall be governed by the laws of the State of Colorado, without regard to the
jurisdiction in which any action may be instituted. This Declaration shall be construed and
interpreted in accordance with the law of the State of Colorado.
12.15 GENDER. Whenever used herein, unless the context shall otherwise provide, any
singular number shall also include the plural; any plural number shall also include the
singular; and the use of one gender shall include all genders.
12.16 HEADINGS. The headings in this Declaration are for the convenience of the
parties, and shall not be considered in construing any provision of this Declaration.
FURTHER DECLARANT SAYETH NOT.
IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed this
day of , 2004.
DECLARANT DECLARANT
A. Jeff Stamp Teresa M. Stamp
STATE OF COLORADO )
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this day of
2004 by A. Jeff Stamp and Teresa M. Stamp as Declarant.
My commission expires:
Notary Public
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Articles of Incorporation
of
STAMP MINOR SUBDIVISION HOMEOWNERS ASSOCIATION,
a Colorado nonprofit corporation
Pursuant To §§ 7-122-102 and part 3 of article 90 of title 7, Colorado
Revised Statutes, these Articles of Incorporation are delivered to the Colorado
Secretary of State.
Article I
Name
The entity name of the nonprofit corporation is: "Stamp Minor Subdivision
Homeowners Association".
Article II
Address
The address of the initial principal office of the nonprofit corporation is:
Stamp Minor Subdivision Homeowners Association
5301 Weld County Road #38
Platteville, Colorado 80651;
and, if undeliverable to the above address, then to:
Stamp Minor Subdivision Homeowners Association
P.O. Box 1198
Longmont, Colorado 80502.
Article III
Initial Registered Agent
The name, and the business address, of the initial registered agent for
service of process on the nonprofit corporation are:
Walter J. Hopp. Esq.
Hopp &Associates, P.C.
1002 17'" Avenue
Longmont, Colorado 80501
Article IV
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Members
The nonprofit corporation will have voting members.
IF
Article V
Distribution of Assets Upon Dissolution
The provisions not inconsistent with law regarding the distribution of
assets on dissolution are as follows:
Upon the dissolution of the nonprofit corporation, the Board of Directors
shall, after paying or making provision for the payment of all of the liabilities of
the nonprofit corporation, dispose of all the assets exclusively for the purposes of F
the nonprofit corporation in such manner, or to such organization or
organizations organized and operated exclusively for charitable education, F
religious, or scientific purposes as shall at the time qualify as an exempt
organization or organizations under Section 501 (c) (3) of the Internal Revenue
Code of 1954 or the corresponding provisions of any such future United States
Internal Revenue Law, as the Board of Directors shall determine. Any such
assets not so disposed of shall be disposed of by the District Court of the county
in which the principal office of the corporation is then located, exclusively for
such purposes or to such organization or organizations, as such court shall
determine, which are organized and operated exclusively for such purposes, it F.
being the intent of the incorporators that no assets inure to the benefit of any F
individual or unauthorized or unqualified entity.
Article VI
Purposes
The purpose for which the nonprofit corporation is formed and organized
is to provide an entity for the general operation of
Article VII
Powers
Subject to any specific limitations imposed by these Articles of
Incorporation, the powers the nonprofit corporation shall have are as follows:
(a) The nonprofit corporation shall have all the common law and
statutory power of a nonprofit corporation which are not in conflict with the terms
of these Articles.
(b) The nonprofit corporation shall have all the power and duties as set
forth in the Declaration of Covenants, Conditions and Restrictions of the Stamp
Minor Subdivision, hereinafter called the Declaration, and all of the powers and j
Hopp&Associates,p.c.
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duties reasonably necessary to operate the Stamp Minor Subdivision
Homeowners Association, hereinafter called the Association, the Common
Property as set forth in the Declaration, and to provide Bylaws for the
Association, as it or they may be amended from time to time, including, but not
limited to, the following:
1. To authorize the Board of Directors the power to make, alter,
amend or repeal the Bylaws, in the manner provided therein,
so long as such repeal, amendment or alteration of the
Bylaws is not in conflict with the Declaration or applicable
laws.
2. To use the proceeds of assessments in the exercise of its
powers and duties.
3. To maintain, repair, replace, and operate the Association
and the Common Property.
4. To purchase insurance upon the Common Property and
insurance for the protection of the Association and its
members.
5. To reconstruct improvements after casualty and to further
improve the Common Property.
6. To make and amend reasonable regulations respecting the
use of the Common Property.
7. To enforce by legal means the provisions of the Declaration,
these Articles, the Bylaws of the Association, and the
regulations for the use of the Common Property.
8. To contract for the management of the Association and the
Common Property, and to delegate to such contractor all
powers and duties of the Association except as are
specifically required by the Declaration to have approval of
the Board of Directors or of the membership of Association,
or both.
9. To contract for the management or operation of portions of
the Common Property susceptible to separate management,
operation, or maintenance, and to lease such portions as
may be necessary.
10. To employ personnel to perform the services required for
Hopp&Associates, p.c.
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proper operation of the Association and of the Common
Property.
(c) All funds acquired by the Association shall be held in trust for the
members, in accordance with the provisions of the Declaration, these Articles
and the Bylaws.
(d) The powers of the Association shall be subject to and shall be
exercised in accordance with the provisions of the Declaration and the Bylaws.
(e) This nonprofit corporation is not organized for pecuniary gain or
profit. It shall not have any power to issue certificates of stock, or to declare
dividends, and no part of its net earnings shall inure tot he benefit of any
member, director, officer, or other private person; except that the corporation
shall be authorized and empowered to pay reasonable compensation for
services rendered to or for the corporation in carrying out one or more of its
purposes.
(f) The private property of the members, directors, or officers of this
corporation shall not be liable for any corporate debts.
i
(g) In addition to indemnification provisions of the Colorado Nonprofit
—' Corporation Act, the power to indemnify any director, officer, or employee, or
former director, officer or employee of the corporation, or any person who may
have served at its request as a director or officer against expenses actually and
necessarily incurred by him in connection with the defense or settlement of any
action, suit or proceeding in which he is made a party by reason of being or
having been such director, officer, or employee, except in relation to matters as
to which he shall be adjudged in the performance of duty, and except that the
corporation shall have the power to reimburse for the reasonable costs of
settlement only if it shall be found by the Board of Directors that it was to the
interests of the corporation that such settlement be made and that such director,
officer, or employee was not guilty of negligence or misconduct. Such rights of
indemnification and reimbursement shall not be deemed exclusive of any other I
rights to which such director, officer, or employee may be entitled under any
bylaw, agreement, or otherwise.
Article VIII
Membership
(a) The "Owner" of a "Lot", as both are defined in the Declaration, shall
automatically be deemed a member of the Association. Said membership is
appurtenant to the Lot of said Owner and title to the ownership of the
membership for that Lot shall automatically pass with fee simple title to the Lot.
If the fee simple title to a Lot is held by more than one person, the membership
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as to such Lot shall be joint and a single membership for such Lot shall be
issued in the names all Owners, and they shall designate to the Association in
writing the name of one natural person 18 years of age or older who shall have
the power to vote said membership at any meeting of members. Membership in
the Association shall be limited to Owners of Lots in the Stamp Minor Subdivision
and each Lot shall be entitled to a maximum of one vote, subject to the
provisions of the Bylaws of this Association.
(b) Change of membership in the Association shall be established by
the recording in the public records of Weld County, Colorado, of a deed or other
instrument establishing a record title to a Lot, and the delivery to the Association
of a certified copy of such instrument, and other designated by such instrument
thereby becoming a member of the Association, with the membership of the prior
Owner being thereby terminated.
(c) The share of a member in the funds and assets of the Association
cannot be assigned, hypothecated, or transferred in any manner except as
appurtenant to his Lot.
Article IX
Executive Committee
The Board of Directors may designate, by resolution passed by the Board,
an executive committee which committee, to the extent provided in such
resolution of the Bylaws, shall have and may exercise all of the authority of the
Board of Directors in the management of the nonprofit corporation.
Article X
Conflict of Interest
In addition to any provision of the Colorado Nonprofit Corporation Act, no
contract or other transaction between the nonprofit corporation and one or more
of its directors, or between the nonprofit corporation and any firm of which one or
more of its directors are members or employees, or in which they are interested,
or between the nonprofit corporation and any corporation or association of which
one or more of its directors are shareholders, members, directors, officers, or
employees, or in which they are interested, shall be invalid solely because of the
fact of such interest at the presence of such director or directors at the meeting
of the Board of Directors of the corporation which acts upon or in reference to
such contract or transaction, if the fact of such interest shall be disclosed or
known to the Board of Directors and the Board of Directors shall, nevertheless,
authorize, approve and ratify such contract or transaction by a vote of a majority
of the directors present. This section shall not be construed to invalidate any
contract or other transaction which would otherwise be valid under the common
and statutory law applicable thereto.
Hopp&Associates, p.c.
❑0100217'"Avenue, Longmont,CO 80501 ❑0Phone 303-776-4045 0OFax 303-682-2777 ❑❑
SHERI Lockman -Articles .dat Page 6
Articles of Incor•oration Page 6
Article XI
Directors
The initial Board of Directors shall consist of the Declarant in the
Declaration who is a also a member of the Association, who shall serve as
directors until their successors are elected and qualified pursuant to the
Declaration and the Association Bylaws.
Article XII
Amendments
These Articles may be amended in the manner provided by statute or the
Declaration at the time of amendment.
Article XIII
Incorporator
The names and address of the incorporator of the nonprofit corporation is:
Walter J. Hopp, Esq.
Hopp & Associates, P.C.
1002 17th Avenue
Longmont, Colorado 80501
Article XIV
Agent for Filing
The name, and mailing address, of the individual who caused this
document to be delivered for filing, and to whom the Secretary of State may
deliver notice if foiling of this document is refused is:
Walter J. Hopp, Esq.
Hopp &Associates, P.C.
1002 17th Avenue
Longmont, Colorado 80501
Causing a document to be delivered to the secretary of state for filing
Hopp&Associates,p.c.
O1002 17th Avenue,Longmont,CO 80501 ❑Phone 303-776-4045 ❑5Fax 303-682-2777 ❑❑ l'
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