HomeMy WebLinkAbout20033527.tiff • LILEY, ROGERS & MARTELL, LLC •
ATTORNEYS AT L A W
July 2, 2003
Mr. Mikal S. Torgerson
M. Torgerson Architects
223 North College Avenue
Fort Collins, Colorado 80521
RE: Griffith Minor Subdivision
Dear Mikal:
Pursuant to your request, I have revised the Declaration of Covenants, Conditions,
and Restrictions for the Griffith Minor Subdivision.
Enclosed please find the original revised Declaration, together with Articles of
Incorporation, Bylaws, and an Action by Unanimous Consent to form the Association.
Please review the revised Declaration and call me to discuss any questions which you
may have or changes which you feel should be made. If the documents are acceptable in
their present form, please have Ric Hansen sign the documents, have his signature
notarized, and record the Covenants with the Plat in the Clerk and Recorder's office of
Weld County. The Articles of Incorporation should be filed with the Colorado Secretary
of State. If you wish for our office to file the Articles of Incorporation, please let us
know. It will also be necessary that you obtain a taxpayer identification number for the
Association from the Internal Revenue Service. Once again, if you need assistance in
that regard please call our office.
I appreciate the opportunity to be of assistance to you and Ric in this matter and I
apologize for my delay in completing the revisions to the Covenants. Thank you for your
patience.
Sincerely,
c.14I'I7 Has
JAM/sbh James A. Martell
Enclosures
LUCIA A. LILEY • JAMES A. MARTELL • TODD W. ROGERS
E PETER ANDERSON HOUSE • 300 SOUTH HOWES STREET • FORT COLLINS, ,COLORADO 80521 g -- 3 3d
ii✓"�u'�1� TELEPHONE. (970)221-4455 • FAx. (970)221 4242 /& -277
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NOTICE TO CLOSING AGENTS: THIS IS A FEE-ASSESSED SUBDIVISION.
CHECK WITH THE HOMEOWNERS ASSOCIATION FOR FEE SCHEDULE.
DECLARATION OF COVENANTS,
CONDITIONS, AND RESTRICTIONS
FOR
GRIFFITH MINOR SUBDIVISION
(a Common Interest Community)
THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICT-IONS
FOR GRIFFITH MINOR SUBDIVISION is made and entered into this 2 fst day of July,
2004, by RIC HANSEN ("the Declarant").
RECTA-IS
A. The Declarant is the owner of that certain real property located in the County
of Weld, State of Colorado legally described on Exhibit "A" attached hereto and incorporated
herein by reference ("the Real Estate").
B. The Declarant desires to create a Common Interest Community on the Real
Estate, pursuant to the Colorado Common Interest Ownership Act, Section 38-33.3-101, et
seq., Colorado Revised Statutes, as it may be amended from time to time ("the Act"), in which
portions of the Real Estate will be designated for separate ownership and the remainder of
which will be owned by an Association of Lot Owners.
C. GRIFFITH MINOR SUBDIVISION HOMEOWNERS ASSOCIATION (a
Colorado nonprofit corporation) has been incorporated under the laws of the State of
Colorado for the purpose of exercising the functions herein set forth.
ARTICLE I. SUBMISSION OF REAT, ESTATE
The Declarant hereby publishes and declares that the Real Estate shall be held, sold,
conveyed, transferred, leased, subleased, and occupied subject to the following easements,
covenants, conditions, and restrictions which shall run with the Real Estate and shall be
binding upon and inure to the benefit of all parties having any right, title, or interest in the
Real Estate or any portion thereof, their heirs, personal representatives, successors, and
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assigns. Additionally, the Declarant hereby submits the Real Estate to the provisions of the
Act. In the event the Act is repealed, the Act on the date this Declaration is recorded in the
office of the Clerk and Recorder of Weld County, Colorado, shall remain applicable.
ARTICLE II. PVFINTTTONS
Section 1: "Allocated Interests" shall mean and refer to the Common Expense
Liability and votes in the Association.
Section 2: "Approval" or "Consent" shall mean securing the prior written approval or
consent as required herein before doing, making, or suffering that for which such approval or
consent is required.
Section 3: "Architectural Control Committee" shall mean and refer to the committee
established to review and approve plans for the construction of improvements on Lots as set
forth in Article IX of this Declaration.
Section 4: "Architectural Guidelines" shall mean and refer to any and all guidelines
adopted by the Architectural Control Committee pursuant to Article IX, Section 4, of this
Declaration.
Section 5: "Association" or "Lot Owners' Association" shall mean and refer to
GRIFFTTH MINOR SUBDIVISION HOMEOWNERS ASSOCIATION (a Colorado
nonprofit corporation), its successors and assigns, organized and existing under the laws of
the State of Colorado and specifically Section 38-33.3-301 of the Act.
Section 6: "Board" shall mean and refer to the Board of Directors of the Association.
The term "Board" as used in this Declaration shall have the same meaning as the term
"Executive Board" as used in the Act.
Section 7: "Bylaws" shall mean and refer to any instruments, however denominated,
which are adopted by the Association for the regulation and management of the Association,
including amendments to those instruments.
Section 8: "Common Elements" shall mean and refer to any real estate or real
property interests within the Common Interest Community owned by the Association, other
than a Lot, and other assets of the Association.
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Section 9: "Common Expense Liability" shall mean and refer to the liability for
Common Expenses allocated to each Lot pursuant to this Declaration.
Section 10: "Common Expenses" shall mean and refer to expenditures made or
liabilities incurred by or on behalf of the Association, together with any allocations to
resents. These expenses for the operation of the Common Interest Community include, but
are not limited to:
(a) Expenses of administering, maintaining, repairing, improving, insuring, or
replacing the Common Elements.
(b) Expenses declared to be Common Expenses by the Declaration.
(c) Expenses agreed upon as Common Expenses by the Association.
(d) Such reasonable reserves as may be established by the Association,
whether held in trust or by the Association, for repair, replacement, or
addition to the Common Elements or any other real or personal property
acquired or held by the Association.
Section 11: "Common Interest Community" shall mean and refer to the Real Estate
described on Exhibit "A" attached hereto and incorporated herein by reference.
Section 12: "County" shall mean and refer to the Board of County Commissioners of
Weld County, Colorado.
Section 13: "Declarant" shall mean and refer to RIC HANSEN, or any other Person or
group of Persons acting in concert who:
(a) As a part of a common promotional plan, offer to dispose of to a
Purchaser such Declarant's interest in a Lot not previously disposed of to a
Purchaser; or
(b) Reserve or succeed to any Special Declarant Right.
Section 14: "Declaration" shall mean and refer to this Declaration, including any
amendments hereto and also including, but not limited to, plats of the Real Estate recorded in
the Clerk and Recorder's office of Weld County, Colorado.
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Section 15: "Improvement Agreement" shall mean and refer to the Improvement
Agreement for GRIFFITH MINOR SUBDIVISION dated , 2003, made and
entered into by and between the County, the Declarant, and the Association, and recorded in
the office of the Clerk and Recorder of Weld County, Colorado prior to the recording of this
Declaration.
Section 16: "Dispose" or "Disposition" shall mean and refer to a voluntary transfer of
any legal or equitable interest in a Lot, but the term does not include the transfer or release of
a security interest.
Section 17: "Documents" shall mean and refer to this Declaration, the Nat, the
Articles of Incorporation, Bylaws, Architectural Guidelines, and Rules and Regulations of the
Association, as supplemented or amended from time to time, the Improvement Agreement.
Section 18: "Identifying Number" shall mean and refer to a symbol or address that
identifies only one (1)Lot in the Common Interest Community.
Section 19: "Insurer" shall mean and refer to any governmental agency or authority
that insures or guarantees a Mortgage and that has provided actual written notice of such
interest to the Association. Recording of a mortgage, deed of trust, or other security interest
in the office of the Clerk and Recorder of Weld County, Colorado, shall not be considered
actual written notice to the Association of a security interest.
Section 20: "Lot" shall mean and refer to a physical portion of the Common Interest
Community which is designated for separate ownership or occupancy and the boundaries of
which are described in or determined from the Plat. The term "Lot" as used in this
Declaration shall have the same meaning as the term"Unit" as used in the Act.
Section 21: "Owner" shall mean and refer to any Person who owns a Lot but does not
include a Person having an interest in a Lot solely as security for an obligation. The
Declarant is the Owner of any Lot created in the Declaration until that Lot is conveyed to
another Person. The term "Owner" as used in this Declaration shall have the same meaning
as the term"Unit Owner" as used in the Act.
Section 22: "Mortgagee" shall mean and refer to any Person who has a Security
Interest in a Lot and who has provided actual written notice of such interest to the
Association. Recording of a mortgage, deed of trust, or other security interest in the office of
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the Clerk and Recorder of Weld County, Colorado, shall not be considered actual written
notice to the Association of a security interest.
Section 23: "Notice" shall mean and refer to any notice required or desired to be
given pursuant to the Documents. Unless otherwise provided in the Documents, all
notices shall be in writing and may be personally delivered; mailed, certified mail, return
receipt requested, sent by telephone facsimile with a hard copy sent by regular mail; sent
by a nationally recognized, receipted overnight delivery service, including, by example
and not limitation, United Parcel Service, Federal Express, or Airborne Express; or sent
by electronic mail. Any such notice shall be deemed given when personally delivered; if
mailed, three (3) delivery days after deposit in the United States mail, postage prepaid; if
sent by telephone facsimile or electronic mail, on the day sent if sent on a business day
during normal business hours of the recipient or on the next business day if sent at any
other time; or if sent by overnight delivery service, one (1) business day after deposit in
the custody of the delivery service. The addresses and telephone numbers for the
mailing, transmitting, or delivering of notices shall be as set forth in the books and
records of the Association. Notices of a change of address shall be given in the same
manner as all other notices as hereinabove provided.
Section 24: "Person" shall mean and refer to a natural person, a corporation, a limited
liability company, a partnership, an association, a trust, or any other entity or combination
thereof.
Section 25: "Plat" shall mean and refer to the Plat of the Real Estate, designated as
GRIFFITH MINOR SUBDIVISION, Final Plan, M.F. Number 589, recorded in the office of
the Clerk and Recorder of Weld County, Colorado, and all recorded amendments thereto.
Section 26: "Purchaser" shall mean and refer to a Person, other than the Declarant,
who,by means of a transfer, acquires a legal or equitable interest in a Lot, other than:
(a) A leasehold interest in. a Lot of less than forty (40) years, including
renewal options, with the period of the leasehold interest, including
renewal options, being measured from the date the initial term
commences; or
(b) A Security Interest.
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Section 27: "Real Estate" shall mean and refer to the Real Estate described on Exhibit
"A" attached hereto and incorporated herein by reference.
Section 28: "Residence" shall mean and refer to a single-family residential dwelling
constructed on a Lot.
Section 29: "Residential Use" shall mean and refer to use of a Residence as a dwelling
by a Single Family.
Section 30: "Rules and Regulations" shall mean and refer to any instruments, however
denominated, which are adopted by the Association for the regulation and management of the
Common Interest Community, including any amendment to those instruments.
Section 31: "Security Interest" shall mean and refer to an interest in real property
created by contract or conveyance which secures payment or performance of an obligation if
the Association is given actual written notice of such interest. The term includes a lien
created by a mortgage, deed of trust, trust deed, security deed, contract for deed, land sales
contract, lease intended as security, assignment of lease or rents intended as security, pledge
of an ownership interest in an association, and any other consensual lien or title retention
contract intended as security for an obligation of which the Association has been given actual
written notice. "First Security Interest" shall mean and refer to a Security Interest in a Lot of
which the Association has been given actual written notice prior to all other Security Interests
except the Security Interest for real property taxes and assessments made by Weld County,
Colorado, or other governmental authority having jurisdiction over the Common Interest
Community. The recording of any document or instrument in the office of the Clerk and
Recorder of Weld County, Colorado, shall not be considered notice to the Association of any
Security Interest created by the recording of such document or instrument.
Section 32: "Single-Family" shall mean and refer to any individual or group of two or
more individuals related by blood,marriage or adoption living together.
Section 33: Unless the context clearly indicates otherwise, other terms defined in the
Act shall have the meanings attributable to such terms in the Act.
Section 34: Other terms in this Declaration may be defined in specified provisions
contained herein and shall have the meaning assigned by such definition.
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ARTICLE III. COMMON INTEREST C.OMMTINTTY
Section 1: Name. The name of the Common Interest Community is GRIFFITH
MINOR SUBDIVISION
Section 2: Association. The name of the Association is GRIFFITH MINOR
SUBDIVISION HOMEOWNERS ASSOCIATION.
Section 3: Planned Community. The Common Interest Community is a planned
community.
Section 4: County. The name of every county in which any part of the Common
Interest Community is situated is Weld County, Colorado.
Section 5: T,egal Description. A legal description of the Real Estate included in the
Common Interest Community is set forth on Exhibit "A" attached hereto and incorporated
herein by reference.
Section 6: Maximum Number of Lots. The maximum number of Lots that the
Declarant reserves the right to create within the Common Interest Community is forty(40).
Section 7: Boundaries of Tots. The boundaries of each Lot are set forth on the Plat of
the Real Estate. The Plat sets forth the Lofs Identifying Number.
Section 8: Allocated Interests. The Common Expense Liability and votes in the
Association shall be allocated among the Owners as follows:
(a) Each Owner's share of the Common Expenses shall be a fraction, the
numerator of which shall be one (1) and the denominator of which shall
be the total number of Lots within the Common Interest Community.
(b) Each Owner shall be entitled to one (1) vote for each Lot owned.
Section 9: Recording Data. All easements and licenses to which the Common Interest
Community is presently subject are shown on the Plat and on Exhibit "B" attached hereto. In
addition, the Common Interest Community may be subject to other easements or licenses
granted by the Declarant pursuant to the terms of this Declaration.
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ARTICLE IV. ASSOCIATION
Section 1: Membership. Every Owner of a Lot which is subject to assessment shall
be a Member of the Association. The foregoing is not intended to include Persons who hold
an interest merely as security for the performance of an obligation. Membership shall be
appurtenant to and may not be separated from ownership of any Lot which is subject to
assessment by the Association. Ownership of such Lot shall be the sole qualification for
membership. The Association does not contemplate pecuniary gain or profit to the Members
thereof, and the specific purposes for which it is formed are as follows: (a) to operate the
Common Interest Community known as GRIFFITH MINOR SUBDIVISION located in Weld
County, Colorado, in accordance with the Act, as amended, and the Colorado Nonprofit
Corporation Act, as amended; (b)to promote the health, safety, welfare, and common benefit
of the residents of the Common Interest Community; and (c) to do any and all permitted acts,
and to have and exercise any and all powers, rights, and privileges which are granted to a
common interest community association under the laws of the State of Colorado, this Declara-
tion, and the Bylaws, Architectural Guidelines, Rules and Regulations, and other governing
documents of the Association.
Section 2: Voting Rights and Assignment of Votes. The effective date for assigning
votes to Lots created pursuant to this Declaration shall be the date on which this Declaration
is recorded in the records of the Clerk and Recorder of Weld County, Colorado.
Section 3: Allocated Tnterests. The Common Expense Liability and votes in the
Association allocated to each Lot are set forth as follows:
(a) The percentage of liability for Common Expenses shall be allocated on the
basis of equal liability for each Lot; and
(b) The number of votes in the Association shall be allocated on the basis of
one (1) vote for each Lot.
Section 4: Authority. The business and affairs of the Common Interest Community
shall be managed by the Association. The Association shall be governed by this Declaration
and the Articles of Incorporation, Bylaws, Architectural Guidelines, and Rules and
Regulations of the Association, as amended from time to time.
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Section 5: Powers. The Association shall have all of the powers and authority
permitted pursuant to the Act necessary and proper to manage the business and affairs of the
Common Interest Community.
Section 6: Declarant Control. The Declarant, or persons designated by the Declarant,
may appoint and remove the officers and members of the Board of the Association for a
period of ten (10) years after this Declaration is recorded in the office of the Clerk and
Recorder of Weld County, Colorado. The period of Declarant control as herein set forth is
subject to the limitations of Section 38-33.3-303(5) of the Act.
Section 7: Board Powers and Duties. The Board may act in all instances on behalf of
the Association. The Board shall have, subject to the limitations contained in this Declaration
and the Act, the powers and duties necessary for the administration of the affairs of the
Association and of the Common Interest Community, which shall include, but not be limited
to, the following:
(a) Adopt and amend Bylaws.
(b) Adopt and amend Rules and Regulations.
(c) Adopt and amend budgets for revenues, expenditures, and reserves.
(d) Collect Common Expense assessments from Lot Owners.
(e) Hire and discharge Managers.
(f) Hire and discharge independent contractors, employees, and agents, other
than Managers.
(g) Institute, defend, or intervene in litigation or administrative proceedings or
seek injunctive relief for violation of the Documents in the Association's
name, on behalf of the Association, or two (2) or more Lot Owners on any
matters affecting the Common Interest Community.
(h) Make contracts and incur liabilities.
(i) Regulate the use, maintenance, repair, replacement, and modification of
the Common Elements.
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(j) Provide for the maintenance, repair, replacement, and improvement of
public roads and streets within the Common Interest Community.
(k) Provide for performance by the Association of its duties and
responsibilities under the Improvement Agreement
(1) Cause additional improvements to be made as a part of the Common
Elements.
(m) Acquire, hold, encumber and convey in the Association's name, any right,
title, or interest to real estate or personal property, but the Common Ele-
ments may be conveyed or subjected to a Security Interest only pursuant
to this Declaration and the Act.
(n) Grant easements for any period of time, including permanent easements,
leases, licenses, and concessions through or over the Common Elements,
subject to the restrictions and limitations of this Declaration and the Act
(o) Impose and receive a fee or charge for the use, rental, or operation of the
Common Elements and for services provided to Lot Owners.
(p) Impose a reasonable charge for late payment of assessments and levy a
reasonable fine for violation of the Documents.
(q) Impose a reasonable charge for the preparation and recordation of
supplements or amendments to this Declaration and for statements of
unpaid assessments.
(r) Provide for the indemnification of the Association's officers and the Board
and maintain directors' and officers'liability insurance.
(s) Assign the Association's right to future income, including the right to
receive Common Expense assessments, but only upon the affirmative vote
of the Owners of Lots to which at least fifty-one percent (51%) of the
votes in the Association are allocated, at a meeting called for that purpose.
(t) Exercise any other powers conferred by the Documents.
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(u) Exercise any other power that may be exercised in the State of Colorado
by a legal entity of the same type as the Association.
(v) Exercise any other power necessary and proper for the governance and
operation of the Association.
(w) By resolution, establish permanent and standing committees of Board
members to perform any of the above functions under specifically
delegated administrative standards as designated in the resolution
establishing the committee. All committees established by the Board must
maintain and publish notice of their actions to Lot Owners and the Board.
Actions taken by any committee established by the Board may be
appealed to the Board by any Lot Owner within forty-five (45) days of
publication of a notice. If an appeal is made, the committee's action must
be ratified, modified, or rejected by the Board at its next regular meeting.
Section 8: Professional Management and Contract Termination Provisions. The
Association may utilize professional management in performing its duties hereunder. Any
agreement for professional management of the Association's business shall have a maximum
term of three (3) years and shall provide for termination by either party thereto, with or
without cause and without payment of a termination fee, upon sixty (60) days' prior written
notice. Any contracts, licenses, or leases entered into by the Association while there is
Declarant control of the Association shall provide for termination by either party thereto, with
or without cause and without payment of a termination fee, at any time after termination of
Declarant control of the Association, upon sixty (60) days' prior written notice; provided,
however, that any contact entered into at any time by the Association providing for services
of the Declarant shall provide for termination at any time by either party thereto, without
cause and without payment of a termination fee,upon sixty(60) day's prior written notice.
Section 9: Hoard T imitations. The Board may not act on behalf of the Association to
amend this Declaration, to terminate the Common Interest Community, or to elect members of
the Board or determine their qualifications, powers, and duties or terms of office of Board
members, but the Board may fill vacancies in its membership for the unexpired portion of any
term.
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Section 10: Owner's Negligence. Notwithstanding anything to the contrary contained
in this Declaration in the event that the need for maintenance or repair of the Common
Elements or any improvements located thereon is caused by the willful or negligent act,
omission, or misconduct of any Lot Owner or by the willful or negligent act, omission, or
misconduct of any member of such Lot Owner's family or by a guest, invitee, employee,
agent, contractor, or subcontractor of such Lot Owner or any tenant or member of a tenant's
family, the costs of such repair and maintenance shall be the personal obligation of such Lot
Owner, and any costs, expenses, and fees incurred by the Association for such maintenance,
repair, or reconstruction shall be added to and become part of the assessment to which such
Owner's Lot is subject and shall be a lien against such Owner's Lot as provided in this
Declaration. A determination of the willful or negligent act, omission, or misconduct of any
Lot Owner or any member of a Lot Owner's family or a guest, invitee, employee, agent,
contractor, or subcontractor of any Lot Owner or tenant or member of a tenant's family and
the amount of the Lot Owner's liability therefor shall be determined by the Board after notice
to the Lot Owner and the right to be heard before the Board in connection therewith.
Section 11: Tndemnificatinn. To the full extent permitted by law, each officer and
member of the Board of the Association and each member of the Architectural Control
Committee shall be and are hereby indemnified by the Association against all expenses and
liabilities, including attorney's fees, reasonably incurred by or imposed upon them in any
proceeding to which they may be a party or in which they may become involved by reason of
their being or having been an officer or member of the Board or Architectural Control
Committee of the Association, or any settlement thereof; whether or not they are an officer or
a member of the Board or Architectural Control Committee of the Association at the time
such expenses are incurred, except in such cases where such officer or member of the Board
or Architectural Control Committee is adjudged guilty of willful misfeasance or malfeasance
in the performance of his or her duties; provided that in the event of a settlement, the
indemnification shall apply only when the Board approves such settlement and
reimbursement as being in the best interests of the Association.
Section 12: Dissolution. The Association may not be dissolved (and this Section 12
may not be amended) without the approval of the County.
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ARTICLE V. ,SPECTAT,T)E T,ARANT RTGTTS
Declarant hereby reserves the right for a period of ten (10)years after this Declaration
is recorded in the office of the Clerk and Recorder of Weld County, Colorado, to perform the
acts and exercise the rights hereinafter specified ("the Special Declarant Rights"). Declarant's
Special Declarant Rights include the following:
(a) Completion of improvements. The right to complete improvements
indicated on the Plat and/or in the Development Plan.
(b) Sales Management and Marketing. The right to maintain one (1) sales
office, signs advertising the Common Interest Community, and model
Residences. The Declarant shall have the right to determine the number
of model Residences and the size and location of the sales office, and
model Residences. The Declarant shall also have the right to relocate the
sales office, and model Residences from time to time, at the Declarant's
discretion. After the Declarant ceases to be the Owner of a Lot, the
Declarant shall have the right to remove any sales office from the
Common Interest Community.
(c) Construction Easements. The right to use easements within the Common
Interest Community for the purpose of making improvements within the
Common Interest Community.
(d) Control of Association and Board. The right to appoint or remove any
officer of the Association or any Board member.
(e) Dedications. The right to establish, from time to time, by dedication or
otherwise, access, utility, and other easements over, across, and upon the
Common Elements for purposes including, but not limited to, paths,
walkways, and drainage, and to create other reservations, exceptions, and
exclusions over, across, and upon the Common Elements for the benefit of
and to serve the Lot Owners and the Association consistent with the
Management Plan.
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ARTICLE VL ASSESSMENT FOR COMMON EXPENSES
Section 1: Personal Ohligation of Owners for Common Expenses. The Declarant, for
each Lot owned, hereby covenants, and each Owner of any Lot by acceptance of a deed
therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and
agree to pay to the Association Common Expense assessments imposed by the Association to
meet the estimated Common Expenses.
Section 2: Purpose of Assessment. The assessments levied by the Association shall
be used exclusively to promote the recreation, health, safety, and welfare of the Owners; for
the improvement and maintenance of the Common Elements; for the payment of the costs and
expenses of maintaining the roads within the Common Interest Community; and for the
payment of the costs and expenses of the performance of the Association's duties and
responsibilities under the Improvement Agreement and Management Plan.
Section 3: Amount of Assessment. The amount of the assessment for the estimated
Common Expenses which shall be paid by each Owner shall be determined by dividing the
aggregate sum the Association reasonably determines to be paid by all Owners by the total
number of Lots within the Common Interest Community, and the Owner of each Lot shall pay
his proportionate share of such aggregate sum.
Section 4: Maximum Annual Assessment. Until January 1 of the year immediately
following the date of commencement of annual assessments, the maximum annual assessment
shall be Four Hundred Dollars ($400)per Lot.
(a) From and after January 1 of the year immediately following the date of
commencement of annual assessments, the maximum annual assessment
may be increased effective January 1 of each year without a vote of the
membership in conformance with the rise, if'any, of the Consumer Price
Index for the Denver/Boulder region (published by the Department of
Labor, Washington, D.C.) for the preceding month of July.
(b) From and after January 1 of the year immediately following the date of
commencement of annual assessments, the maximum annual assessment
may be increased above that established by the Consumer Price Index
formula by a vote of the Owners for the next succeeding two (2) years,
and at the end of each such period of two (2) years, for each succeeding
period of two (2) years, provided that any such change shall have the
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assent of two-thirds (2/3) of the votes of the Owners who are voting in
person or by proxy at a meeting duly called for this purpose. The
limitations hereof shall not apply to any change in the maximum and basis
of the assessments undertaken as an incident to a merger or consolidation
in which the Association.participates.
(c) The Board may fix the annual assessment at an amount not in excess of
the maximum.
Section 5: Special Assessments for Capital Improvements. In addition to the annual
assessments authorized 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,
payment of any operating deficit and/or unbudgeted cost, the cost of any construction,
reconstruction, repair, or replacement of a capital improvement upon the Common Elements,
including fixtures and personal property related thereto, and the cost of any construction,
reconstruction, repair, or replacement of any street or road within the Common Interest
Community; provided that any such Special Assessment shall have the assent of two-thirds
(2/3) of the votes of the Owners who are voting in person or by proxy at a meeting duly called
for this purpose at which a quorum is present.
Section 6: Notice and Quorum for any Action Authorized Tinder Sections 4 and 5.
Notice of any meeting called for the purpose of taking any action authorized under Section 4
or 5 shall be given 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 (60%) of all the votes of the Owners shall constitute a
quorum. 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
(1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be
held more than sixty(60) days following the preceding meeting.
Section 7: Uniform Pate of Assessment. Both annual and special assessments must
be fixed at a uniform rate for all Lots and shall be collected on a monthly basis.
Section 8: Date of Commencement of Annual Assessments; True Dates. The Board
shall fix the amount of the annual assessment against each Lot at least thirty (30) days in
advance of each annual assessment period. Written notice of the annual assessment shall be
sent to every Owner subject thereto. Annual assessments shall be collected in twelve (12)
equal monthly installments. Omission or failure to fix an assessment or deliver or mail a
statement for any period shall not be deemed a waiver, modification, or release of a Lot
Owner from his or her obligation to pay the same.
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Section 9: Exempt Property. The following property subject to the Declaration shall
be exempted from the assessments, charges, and liens created herein:
(a) All properties to the extent of any easement or other interest therein
dedicated and accepted by a municipal or quasi-municipal corporation or
other local public utility or authority and devoted to public use.
(b) All Common Elements.
Section 10: Record of Receipts and Expenditures. The Association shall keep
detailed and accurate records in chronological order of all of its receipts and expenditures,
specifying and itemizing the maintenance and repair of the Common Elements and the roads
and streets within the Common Interest Community and any other expenses incurred. Such
records shall be available on request for examination by the Lot Owners and others with an
interest, such as prospective lenders.
Section 11: Notice to Security Tnterest. Upon the request of a holder of a First
Security Interest on a Lot, and upon payment of reasonable compensation therefor, the
Association shall report to such party any unpaid assessment or other defaults under the terms
of this Declaration which are not cured by the Lot Owner within sixty (60) days after written
notice of default given by the Association to the Lot Owner.
Section 12: Certificate of Status of Assessments. The Association, upon written
request to the Association, and upon payment of a reasonable fee, shall furnish to a Lot
Owner or such Lot Owner's designee, to a holder of a Security Interest or its designee, or to a
closing agent handling the closing of the sale or financing of the Owner's Lot a statement, in
recordable form, setting out the amount of the unpaid Common Expense assessments against
the Lot. The statement must be furnished within fourteen(14) business days after receipt of
the request and is binding on the Association, the Board, and each Lot Owner as of the date of
its issuance.
Section 13: Common Expenses Attributable to Fewer than All Lots. The following
Common Expenses may be chargeable to fewer than all Lots:
(a) If a Common Expense is caused by the misconduct of a Lot Owner, the
members of such Owner's family, or such Owner's guests, invitees,
employees, agents, contractors, subcontractors, or tenants, the Association
may assess that expense against that Lot Owner and such Owner's Lot.
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(b) Fees, charges, taxes, impositions, late charges, fines, collection costs, and
interest charged against a Lot Owner for nonpayment of assessments or
violation of the Documents are enforceable as Common Expense assess-
ments against such Owner's Lot.
Section 14: Reserve Account. Until Jannary 1 of the year immediately following the
date of commencement of annual assessments, the annual assessment for Common Expenses
shall include an amount equal to Three Hundred Dollars ($300), which amount shall be held
in a separately-designated account for the purpose of road and landscaping maintenance repair
and replacement. The amount allocated to reserve shall be adjusted each year to account for
the rate of inflation.
ARTICLE VII. T,TF,N FOR NONPAYMENT
OF COMMON EXPENSES
Any assessment, charge, or fee provided for in this Declaration or any monthly or
other installment thereof which is not fully paid within ten (10) days after the date due shall
bear interest at a rate determined by the Board. In addition, the Board may assess a late
charge thereon. Any Owner who fails to pay any assessment, charge, or fee of the
Association shall also be obligated to pay to the Association, on demand, all costs and
expenses incurred by the Association, including reasonable attorney's fees, in attempting to
collect the delinquent amount. The total amount due to the Association, including unpaid
assessments, fees, charges, fines, interest, late payment penalties, costs, and attorney's fees,
shall constitute a lien on the defaulting Owner's Lot as provided in the Act. The Association
may bring an action, at law or in equity, or both, against any Owner personally obligated to
pay any amount due to the Association or any monthly or other installment thereof and may
also proceed to foreclose its lien against such Owner's Lot. An action at law or in equity by
the Association against a delinquent Owner to recover a money judgment for unpaid amounts
due to the Association or monthly or other installments thereof may be commenced and
pursued by the Association without foreclosing or in any way waiving the Association's lien.
The Association's lien shall be superior to any homestead exemption now existing or hereafter
created by any state or federal law.
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ARTICLE VIII. COMMON FT,EMENTS
Section 1: Description of Common Elements. The Common Elements within the
Common Interest Community shall consist of Outlots A, B, C, and D as designated on the
Plat, together with all improvements installed by the Declarant or the Association thereon.
Section 2: Rules and Regulations. The Board shall have the right to adopt reasonable
Rules and Regulations governing the use of the Common Elements, provided that such Rules
and Regulations apply to all Owners in a nondiscriminatory manner and are consistent with
the Management Plan.
Section 3: Owners' Easements of Enjoyment Each 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 title to every Lot, subject to the following provisions:
(a) The right of the Association to promulgate and publish reasonable Rules
and Regulations as provided in this Declaration.
(b) The right of the Association to suspend voting rights and the right to use
the Common Elements by an Owner for any period during which any
assessment against his or her Lot remains unpaid and for a period not to
exceed sixty (60) days for any infraction of its published Rules and
Regulations.
(c) The right of the Declarant or the Association, acting through the Board, to
dedicate or transfer any part of the Common Elements to any public,
quasi-public, or cooperative agency, authority, utility, or other entity.
(d) The right of the Association to close or limit use of the Common Elements
while maintaining, repairing, or making replacements in. the Common
Elements, and as necessary to protect wetlands and natural areas from
harm or damage.
Section 4: Delegation of Use. A Lot Owner may delegate his or her right of
enjoyment to the Common Elements to the members of his or her family, guests, invitees, and
tenants subject to the terms and provisions of the Documents.
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ARTICLE IX. ARCH FI ECTTTRAT,CONTROL
Section 1: Architectural Control Committee.
(a) Membership. The members of the Architectural Control Committee shall
be appointed by the Declarant. At such time as the Declarant is no longer
the Owner of one or more Lots within the Common Interest Community,
then the members of the Architectural Control Committee shall be
appointed by the Board from among the Owners.
(b) purpose. The Architectural Control Committee is established for the
purpose of maintaining within the Common Interest Community a
consistent and harmonious general character of development and a style
and nature of building design and visual appeal consistent with the natural
beauty and features of the Common Interest Community.
(c) Term. Each member of the Architectural Control Committee shall serve
at the pleasure of the person or entity appointing such member. In the
event of the death or resignation of any member of the Architectural
Control Committee, the person or entity that appointed such member shall
appoint a successor.
(d) Decisions. All decisions of the Architectural Control Committee shall be
by a majority vote of those members of the Committee present at a
meeting at which a quorum is present. A majority of the members of the
Architectural Control Committee shall constitute a quorum.
(e) Compensation. The members of the Architectural Control Committee
shall not be entitled to any compensation for services performed pursuant
to this Declaration but shall be entitled to reimbursement by the
Association for all costs and expenses incurred in performing their duties
pursuant to this Declaration.
(0 Delegtion. The Architectural Control Committee shall have the power to
delegate the responsibility for reviewing any application submitted to the
Architectural Control Committee to a professional architect, landscape
architect, engineer, or other professional person who is qualified to pass
on the issues raised in the application. The Architectural Control
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Committee shall also have the power to require that the applicant pay the
fees reasonably incurred by the Architectural Control Committee in
retaining such professional to review the application submitted.
(g) Nonliahility. No member of the Architectural Control Committee shall be
liable to the Association or to any Owner or prospective Owner for any
loss, damage, or injury arising out of or in connection with the
performance of the duties of the Architectural Control Committee under
this Declaration, unless such action constitutes willful misconduct or bad
faith on the part of the Architectural Control Committee. Review and
consideration of any application submitted to the Architectural Control
Committee shall be pursuant to this Declaration, and any approval granted
shall not be considered approval of the structural safety or integrity of the
improvements to be constructed or conformance of such improvements
with building codes, zoning resolutions, subdivision regulations, or other
governmental rules and regulations applicable to the Common Interest
Community.
Section 2: Control. No construction, alteration, addition, modification, exterior
decoration, exterior redecoration, or reconstruction of any building, fence, wall, structure,
landscaping, or other improvement within the Common Interest Community shall be
commenced or maintained until the plans and specifications thereof shall have been approved
by the Architectural Control Committee.
Section 3: Rules and Guidelines. The Architectural Control Committee shall issue
rules setting forth procedures for the submission of plans for approval and shall also issue
guidelines setting forth the criteria that the Architectural Control Committee will use in
considering plans submitted to it for approval. The Rules and Guidelines may be amended
from time to time by the Architectural Control Committee. The Guidelines may include by
example and not by limitation, regulations governing the following: Building type, location,
orientation, style, and architectural design; Residence size, height, and floor area; garage size,
type, height, design, orientation, and location; roof materials, color, overhang, and pitch;
siding style, type, material, design, and color; building height; size, type, height, design,
orientation, location, and number of outbuildings, accessory buildings, and storage sheds;
construction methods and timetables; fence and wall materials, color, design, style, height,
and location; landscaping; signs, clotheslines, antennae, satellite dishes, and play structures;
storage tanks, containers, and exterior mechanical equipment; window style, design, size,
material, location, and orientation; solar energy devices; outdoor ornamentation and seasonal
decorations; site drainage, grading, and water conservation; paved areas, culverts, and
driveways;house numbers and entry monuments; and exterior lighting.
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Section 4: Review of Plans and Specifications. The Architectural Control Committee
shall consider and act upon any and all requests submitted for its approval. The Architectural
Control Committee shall approve plans and specifications submitted to it only if it determines
that the construction, alteration, additions, or landscaping contemplated thereby, and in the
location as indicated, will comply with this Declaration, will serve to preserve and enhance
the values of Lots within the Common Interest Community, and will maintain a harmonious
relationship among structures, vegetation, topography, and the overall development of the
Common Interest Community. The Architectural Control Committee shall consider the
quality of workmanship, type of materials, and harmony of exterior design with other
Residences located within the Common Interest Community. Should the Architectural
Control Committee fail to approve or disapprove the plans and specifications submitted to it
by an Owner of a Lot within thirty (30) days after complete submission of all required
documents, then such approval shall not be required; provided, however, that no building,
structure, or landscaping shall be erected or allowed to remain on any Lot which violates any
of the covenants or restrictions contained in this Declaration. The issuance of a building
permit or license for the construction of improvements inconsistent with this Declaration shall
not prevent the Association or any Owner from enforcing the provisions of this Declaration.
Approval by the Architectural Control Committee shall be in writing or by endorsement on
the plans.
Section 5: No Waiver of Future Approval. The approval by the Architectural Control
Committee of any proposal or plans and specifications for any work to be done on a Lot shall
not be deemed to constitute a waiver of any right to withhold approval or consent to any
similar proposals, plans, specifications, drawings, or other matter subsequently or additionally
submitted for approval by the same Owner or by another Owner.
Section 6: Damage or Destruction of Improvements. In the event any Residence or
other structure constructed on a Lot is damaged, either in whole or in part, by fire or other
casualty, said Residence or other structure shall be promptly rebuilt or remodeled to comply
with this Declaration; or in the alternative, if the Residence or other structure is not to be
rebuilt, all remaining portions of the damaged structure, including the foundation and all
debris, shall be promptly removed from the Lot, and the Lot shall be restored to its natural
condition existing prior to the construction of the Residence or other structure.
ARTICLE X. USE RESTRICTIONS
Section 1: Land lisp. No building or other structure shall be erected, altered, placed,
or permitted to remain on any Lot other than one single-family site built Residence per Lot,
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subject to approval by the Architectural Control Committee, and such additional
improvements as may be approved by the Architectural Control Committee, pursuant to the
teens of Article IX hereinabove.
Section 2: Trash Collection. The Association, acting through its Board, shall have the
right to require that any trash collection within the Common Interest Community be
performed by one company and that trash be collected from all Lots by such company on the
same day of each week The Board shall select the trash company based on competitive bids.
At the option of the Association, the cost of trash collection shall be paid by each Owner
directly to the trash collection company, and in such event, the Association shall have no duty
to assess the cost of trash collection as a Common Expense. Nothing herein contained shall
be construed to prohibit an Owner from personally disposing of trash from his Lot. This
section shall not apply to a contractor during the construction of a Residence or other
improvements on a Lot. The contractor may dispose of trash, rubbish, debris, and other
construction materials from the Lot either personally or by contracting with a trash collection
company. The trash collection company may remove trash, rubbish, debris, and other
construction materials from the Lot during the construction of the Residence as often as the
contractor deems appropriate. All dumpsters shall have lid tie-downs to protect them from
animals.
Section 3: Mineral Extraction. No mining or extraction of oil, gas, gravel, or other
minerals shall be permitted on any Lot.
Section 4: Resnhdivisinn No Lot may be further subdivided without the approval of
the Architectural Control Committee. This provision shall not be construed to prohibit or
prevent the dedication or conveyance of any portion of a Lot as an easement for public
utilities.
Section 5: Restrictions on Tracing. No Lot Owner shall lease his or her Residence to
any group of people other than a "single family" as defined in Article II hereinabove nor shall
any lease be for a period of less than thirty(30) days. All such leases shall be in writing and
shall contain a covenant by the tenant or tenants that their use and occupancy of the
Residence pursuant to the terms of the lease are subject to the terms and conditions set forth
in this Declaration and that such tenant will abide by the terms contained herein as well as all
Rules and Regulations promulgated by the Association.
Section 6: Household Pets. Dogs, cats, and other household pets shall not be boarded,
kept, bred, or maintained for any commercial purposes. No more than four (4) dogs and no
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more than a total of six (6) adult dogs and adult cats may be kept on any Lot. Dogs and cats
shall not be considered adults until they are six (6) months old. Household pets shall be
subject to all Rules and Regulations adopted by the Association and all governmental
ordinances or laws applicable to the Common Interest Community. Dogs shall at all times be
confined by fence, leash, or under voice command. Each Owner of a pet shall be responsible
for the prompt clean up and removal of such pet's excrement from his or her Lot and the
Common Elements.
Section 7: Use of Common Elements. All use of the Common Elements shall be
subject to the terms and provisions of the Documents and shall be governed by the Rules and
Regulations adopted by the Association. No damage or waste shall be committed to the
Common Elements by Lot Owners, their families, tenants, guests, and invitees.
Section 8: General Prohibition. No use shall be made of an Owner's Lot which will in
any manner violate the statutes or rules and regulations of any governmental authority having
jurisdiction over the use of said Owner's Lot.
Section 9: Maintenance of Tots and improvements. Owners of Lots shall keep or
cause to be kept all buildings, fences, and other structures and all landscaping located on their
Lot in good repair. Rubbish, refuse, garbage, and other solid, semi-solid, and liquid waste
shall be kept within sealed containers, shall not be allowed to accumulate on any Lot, and
shall be disposed of in a sanitary manner. No Lot shall be used or maintained as a dumping
ground for such materials. All containers shall be kept in a neat, clean, and sanitary condition
and shall be stored inside a garage or other approved structure. No trash, litter, or junk shall
be permitted to remain exposed upon any Lot and visible from adjacent streets or other Lots.
Burning of trash on any Lot shall be prohibited. No lumber or other building materials shall
be stored or permitted to remain on any Lot unless screened from view from other Lots and
from the streets, except for reasonable storage during construction.
Section 10: Nuisance. Nothing shall be done or permitted on any Lot which is or may
become a nuisance. No obnoxious or offensive activities or commercial businesses or trades
shall be conducted on any Lot, except home occupations as defined and permitted by the
applicable zoning resolution of the governmental entity having jurisdiction over the Common
Interest Community.
Section 11: Temporary Structures. No temporary residential structure shall be
permitted on any Lot.
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trailers, machines, tractors, semi-tractors, tractor trailers, trucks (except standard pickup
trucks), and inoperative automobiles shall not be stored, parked, or permitted to remain on any
street, Lot, or Common Element, except within fully-enclosed garages, or properly screened if
approved by the Architectural Control Committee. For purposes of this provision, any
disassembled or partially disassembled car or other vehicle or any car or other vehicle which
has not been moved under its own power for more than one (1) week shall be considered an
inoperative automobile subject to the terms of this Section.
Section 13: Discharge of Weapons. No person shall discharge, fire, or shoot any gun,
pistol, crossbow, bow and arrow, slingshot, or other firearm or weapon whatsoever, including
BB guns and pellet guns, within the Common Interest Community. Notwithstanding the
foregoing, the discharge of firearms or weapons by any member of any law enforcement
agency in the course of such member's official duty shall not be deemed a violation of this
provision.
Section 14: Disturbing the Peace. No person shall disturb, tend to disturb, or aid in
disturbing the peace of others by violent, tumultuous, offensive, disorderly, or obstreperous
conduct, and no Owner shall knowingly permit such conduct upon any Lot owned by such
Owner.
ARTICLE XL DRAINAGE
Section 1: Acknowledgement. The soils within the state of Colorado consist of both
expansive soils and low-density soils which will adversely affect the integrity of the
Residence if the Residence and the Lot on which it is constructed are not properly maintained.
Expansive soils contain clay minerals which have the characteristic of changing volume with
the addition or subtraction of moisture, thereby resulting in swelling and/or shrinking soils.
The addition of moisture to low-density soils causes a realignment of soil grains, thereby
resulting in consolidation and/or collapse of the soils. All Residences shall have engineered
footings and foundations.
Section 2: Moisture. Each Owner of a Lot shall use his or her best efforts to assure
that the moisture content of those soils supporting the foundation and the concrete slabs
forming a part of the Residence constructed thereon remain stable and shall not introduce
excessive water into the soils surrounding the Residence.
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Section 3: Water Flow. The Owner of a Lot shall not impede or hinder in any way
the water falling on the Lot from reaching the drainage courses established for the Lot and the
Common Interest Community.
Section 4: Action by Owner. To accomplish the foregoing, each Owner of a Lot
covenants and agrees, among other things:
(a) Not to install improvements, including, but not limited to, landscaping,
items related to landscaping, walls, walks, driveways, parking pads,
patios, fences, additions to the Residence, outbuildings, or any other item
or improvement which will change the grading of the Lot The installation
of such improvements is acceptable so long as the manner of installation is
consistent with, and does not change, the grading and drainage patterns of
the Lot
(b) To fill with additional soil any back-filled areas adjacent to the foundation
of the Residence and in or about the utility trenches on the Lot in which
settling occurs to the extent necessary from time to time to maintain the
grading and drainage patterns of the Lot.
(c) Not to water the lawn or other landscaping on the Lot excessively.
(d) Not to plant flower beds (especially annuals) and vegetable gardens
adjacent to or within three (3) feet of the foundation and slabs of the
Residence.
(e) If evergreen shrubbery and grass is used within five (5) feet of the
foundation walls, to water the shrubbery and grass by controlled hand
watering and to avoid excessive watering.
(f) To minimise or eliminate the installation of piping and heads for sprinkler
systems within five (5)feet of foundation walls and slabs.
(g) To install any gravel beds in a manner which will assure that water will
not pond in the gravel areas, whether due to nonperforated edging or due
to installation of the base of the gravel bed at a lever lower than the
adjacent lawn.
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(h) To maintain the gutters and downspouts which discharge water into
extensions or splash blocks by assuring that(i) the gutters and downspouts
remain free and clear of all obstructions and debris; (ii) the water that
flows from the extension or the splash block is allowed to flow rapidly
away from the foundation and/or slabs; and (iii) the splash blocks are
maintained under sill cocks.
(i) To recaulk construction joints opening up between portions of the exterior
slabs and garage slabs in order to thereby seal out moisture.
Section 5: Disclaimer. The Declarant shall not be liable for any loss or damage to the
Residence, any outbuilding, concrete slab, driveway, sidewalk, or other improvement on any
Lot caused by, resulting from, or in any way connected with soil conditions on any Lot.
ARTICLE XII. ,STTRRTITTNDTNGr AGRTCTTL,TTTRAT,
USES AND WET Di LIFE
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 may be uses by right and may be entitled to expand their
operations. Agricultural uses 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 general off-site impacts, including noise from tractors and
equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work,
harvest, and gravel roads; odor from animal confinement, silage, and manure; smoke from
ditch burning; flies and mosquitoes; and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of
the way of residential development without threatening the efficient delivery of irrigation to
fields which is essential to farm production.
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Section 35-3.5-102, C.RS., 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 roads outside of municipalities.
The sheer magnitude of the area to be sewed stretches available resources. Law enforcement
is based on responses to complaints more than on patrols of Weld 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 arterioles 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.
Service in rural area, 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 Weld County than in an urban or
suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches,
electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture
vines, territorial farm dogs, and livestock present real threats to children. Controlling
children's activities are important, not only for their safety, but also for their protection of the
farmer's livelihood. Parents are responsible for their children.
ARTICLE XIII. ,STREETS
Section 1: initial Construction. The Declarant shall construct and install all streets
within the Common Interest Community.
Section 2: Maintenance. After expiration of any applicable warranty period, all
streets shall be maintained, repaired, and improved by the Association.
ARTICLE XIV. MCIRTGAGEV PROTECTION
Section 1: Introduction. This Article establishes certain standards and covenants
which are for the benefit of the holders, insurers, and guarantors of certain Security Interests.
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This Article is supplemental to, and not in substitution for, any other provisions of the
Declaration, but in the case of conflict, this Article shall control.
Section 2: Notice of Actions. The Association shall give notice to each Mortgagee
and Insurer of(and each Lot Owner hereby consents to and authorizes such notice):
(a) Any condemnation loss or any casualty loss which affects a material
portion of the Common Interest Community or any Lot in which there is a
First Security Interest held, insured, or guaranteed by such Mortgagee or
Insurer, as applicable.
(b) Any delinquency in the payment of Common Expense assessments owed
by a Lot Owner whose Lot is subject to a First Security Interest held,
insured, or guaranteed by such Mortgagee or Insurer, as applicable, which
remains uncured for a period of sixty(60) days.
(c) Any lapse, cancellation, or material modification of any insurance policy
or fidelity bond maintained by the Association.
(d) Any proposed action which would require the consent of a specified
percentage of Mortgagees as specified in Section 4 of this Article.
(e) Any judgment rendered against the Association.
Section 3: Consent and Notice Required.
(a) Document Changrs. Notwithstanding any requirement permitted by this
Declaration or the Act, no amendment of any provision of this Declaration
pertaining to the matters hereinafter listed by the Association or Lot
Owners shall be effective without notice to Mortgagees and Insurers, and
the vote of at least sixty-seven percent (67%) of the Lot Owners (or any
greater Lot Owner vote required in this Declaration or the Act) present in
person or by proxy at a meeting at which a quorum is present and until
approved by at least fifty-one percent (51%) of the Mortgagees (or any
greater Mortgagee approval required by this Declaration):
(1) Voting rights.
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(2) Assessments, assessment liens, or priority of assessment liens.
(3) Reserves for maintenance, repair, and replacement of Common
Elements.
(4) Responsibility for maintenance and repairs.
(5) Redefinitions of boundaries of Lots, except that when
boundaries of only adjoining Lots are involved or a Lot is
being subdivided, then only those Lot Owners and the
Mortgagees holding Security Interests in such Lot or Lots
must approve such action.
(6) Convertibility of Lots into Common Elements or Common
Elements into Lots.
(7) Expansion or contraction of the Common Interest Community or
the addition, annexation, or withdrawal of property to or from
the Common Interest Community.
(8) Insurance or fidelity bonds.
(9) Leasing of Lots.
(10) Imposition of any restrictions on a Lot Owner's right to sell or
transfer his Lot.
(11) A decision by the Association to establish self-management
when professional management had been required previously by
any Mortgagee.
(12) A decision by the Association not to restore or repair the
Common Elements after a hazard damage or partial
condemnation.
(13) Termination of the Common Interest Community after
occurrence of substantial destruction or condemnation of the
Common Elements.
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(14) Any provision that expressly benefits mortgage holders, insurers,
or guarantors.
(b) Actions. Notwithstanding any lower requirement permitted by this
Declaration or the Act, the Association may not take any of the following
actions, other than rights reserved to the Declarant as Special Declarant
Rights or Additional Reserved Rights set forth in Article V of this
Declaration, without the notice to Mortgagees and Insurers as required by
Section 2 above and approval of at least fifty-one percent (51%) (or the
indicated percentage) of the Mortgagees:
(1) Convey or encumber the Common Elements or any portion
thereof without approval by eighty percent (80%) of the
Mortgagees. (The granting of easements for public utilities or
for other public purposes consistent with the intended use of the
Common Elements by the Common Interest Community will not
be deemed a transfer within the meaning of this clause.)
(2) The termination of the Common Interest Community for reasons
other than substantial destruction or condemnation of the
Common Elements without approval by sixty-seven percent
(67%) of the votes of Mortgagees.
(3) The granting of any easements or leases through or over the
Common Elements (excluding, however, any utility, road, or
other easements serving or necessary to serve the Common
Interest Community and excluding any leases for no more than
three (3)years).
(4) The establishment of self-management when professional
management had been required previously by a Mortgagee.
(5) A decision by the Association not to restore or repair the
Common Elements after a hazard damage or partial
condemnation.
(6) The merger of the Common Interest Community with any other
common interest community.
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(7) The assignment of the future income of the Association,
including its right to receive Common Expense assessments.
(c) The Association may not change the period for collection of regularly
budgeted Common Expense assessments to other than monthly without
the consent of all Mortgagees.
(d) The failure of a Mortgagee or Insurer to object in writing to any proposed
addition or amendment within thirty (30) days after notice is given by the
Association requesting approval of an addition or amendment to the
Declaration shall conclusively constitute approval by the Mortgagee or
Insurer of the addition or amendment.
Section 4: Inspection of Books. The Association shall maintain current copies of the
Declaration, Bylaws, Rules and Regulations, books and records, and financial statements.
The Association shall permit any Mortgagee or Insurer to inspect the books and records of the
Association during normal business hours.
Section 5: Financial Statements. The Association shall provide any Mortgagee or
Insurer who submits a written request a copy of an annual financial statement within ninety
(90) days following the end of each fiscal year of the Association.
Section 6: Enforcement, The provisions of this Article are for the sole benefit of
Mortgagees and Insurers and their successors and may only be enforced by one or more of the
Mortgagees and Insurers. Failure of the Association to comply with provisions of this Article
shall not invalidate any action taken by the Association or Owners, including, by example and
not limitation, any amendment to this Declaration, but any action taken by the Association
without first complying with this Article shall be voidable by any Mortgagee or Insurer having
a Security Interest in a Lot on the effective date of such action; provided that any legal
proceeding to make void any action taken by the Association in violation of this Article must
be commenced within one (1)year of the effective date of such action.
Section 7: Attendance at Meetings. Any representative of a Mortgagee or Insurer may
attend and address any meeting which an Owner may attend.
Section 8: Appointment of Tmster. In the event of damage, destruction, or
condemnation of all or a portion of the Common Elements, any Mortgagee may require that
such proceeds be payable to a trustee. Such trustee may be required to be a corporate trustee
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licensed by the State of Colorado. Proceeds will thereafter be distributed pursuant to the Act
or pursuant to a condemnation award. Unless otherwise required, the members of the Board,
acting by majority vote through the president,may act as trustee.
Section 9: Payment of Delinrpient Fees. Mortgagees may,jointly or singly, pay taxes
or other charges which are in default and which may or have become a charge against the
Common Elements and may pay overdue premiums on hazard insurance policies or secure
new hazard insurance on the lapse of such a policy for such Association property, and
Mortgagees malting such payments shall be owed immediate reimbursement therefor from the
Association.
Section 10: Transfer of Common Elements. The Association shall not sell, transfer,
or convey any Common Elements without first offering to dedicate the Common Elements to
the County or other governmental agency designated by the County. This restriction shall not
apply to any of the following:
(a) The sale, transfer, or conveyance of the Common Elements to another
organization or association, the purpose of which is to maintain such
Common Elements.
(b) The granting of an easement or right-of-way to a governmental, quasi-
governmental, cooperative, or other regulated organization which provides
utility services to the Common Interest Community, including, by
example and not limitation, water, sewer, gas, electricity, cable television,
and other services which may become available to the Common Interest
Community at any time in the future.
(c) The granting of permits, leases, licenses, or concessions for not more than
three (3)years.
ARTICLE XV. MANAGEMENT PLAN
Section 1. Use of the Common Elements. The Common Elements shall be passive
open space.
Section 2. Runoff Wind and Water Erosion, Noxious Weeds, and Pests. Rtmoff,
wind and water erosion, noxious weeds, and pests shall be controlled in accordance with
rules and regulations of Weld County.
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Section 3. Plants and Animals. Owners of Lots in the Subdivision will be
permitted to have domestic pets so long as such pets are under the direct control of the
Owner. No animals presently inhabit the Common Elements. However, the Association
may lease it for haying or pasture.
Section 4. Compliance with Management Plan. It is the responsibility of the
Association to ensure compliance with this Article. To the extent the Association fails to
perform its obligations under this Article, Weld County may perform the Association's
duties and responsibilities and assess the cost thereof as a tax against the Lots.
Section 5. landscaping. All landscaping shall be installed within the Common
Elements and maintained in accordance with the following:
A. Common Elements disturbed by grading operations will be reseeded with a
native seed mixture once by Developer and thereafter by Association until a
reasonable native grass stand is established.
B. Landscape improvements shall be designed to minimize water use and shall
make every reasonable effort to minimize the public and private cost of
maintenance.
C. Landscape shall not contain artificial plant materials and shall remain
natural.
D. Landscaping shall be kept and maintained in a safe, clean, and attractive
condition and good state of repair in compliance with all governmental
laws.
E. The Association shall remove at its own expense, any rubbish of any
character whatsoever which accumulates on the Common Elements.
F. During the course of any landscaping work on the Common Elements,
including additions, alterations or repairs thereto, such work shall be
conducted in a manner which does not interfere with the use and possession
of Lots, and all landscaping and construction materials and equipment shall
be stored and operated in a neat and orderly fashion. Upon conclusion of
any such work, all excess landscaping materials, equipment, and excess
debris shall be promptly removed from the site.
G. Trees shall not be planted closer than four feet to any gas or electric line
and no closer than ten feet to any water or sewer line. Shrubs shall not be
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planted closer than four feet to any water or sewer line. Tree planting shall
be coordinated with the Public Service Company. Locations of all utilities
shall be verified in the field prior to planting.
H. Any future landscaping in the Common Elements shall be installed and
maintained by the Homeowner's Association.
I. To the maximum extent reasonably feasible, topsoil that is removed during
construction activity shall be conserved for later use on areas requiring
revegetation and landscaping.
ARTICLE XVI. OVERGRAZING
Section 1: Trrigntion Water. Each Owner expressly acknowledges that no water
will be available for irrigation of the Lots.
Section 2: Livestock. The grazing of livestock on a Lot shall be permitted subject
to the following conditions:
(a) Total Number of Animals. No more than five (5) large animals such as
cows, sheep, goats, alpacas, lamas, and similar animals may be kept on
any Lot. Hogs and fowl such as chickens, turkeys, emus or ostriches
shall not be permitted. Any offspring of an animal will not be
considered in determining the total number of animals on a Lot until
such offspring attains one (1) year of age.
(b) Grrazing. No Lot shall be overgrazed and the character of the Lot shall
not be changed by the grazing of animals and livestock. "Overgrazing"
means continuous heavy grazing of the land during the active growth
season that is both severe and frequent and that exceeds the recovery
capacity of the plant community creating a deteriorated range. Grazing
shall be limited to an intensity level that will maintain sufficient cover to
protect the soil and maintain or improve the quality and quantity of
desirable vegetation.
(c) Commercial Activity. No animals may be boarded, kept, bred, used, or
maintained on any Lot for any commercial purpose.
ARTICLE XVIL GENFR AT,PR OVTS TONS
Section 1: Enforcement. Enforcement of this Declaration shall be by appropriate
proceedings at law or in equity against those persons or entities violating or attempting to
violate any covenant, condition, or restriction herein contained. Such judicial proceeding
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shall be for the purpose of removing a violation, restraining a future violation, for recovery of
damages for any violation, or for such other and further relief as may be available. Such
judicial proceedings may be prosecuted by an Owner, by the Architectural Control
Committee, or by the Association. In the event it becomes necessary to commence an action
to enforce this Declaration, the court shall award to the prevailing party in such litigation, in
addition to such damages as the Court may deem just and proper, an amount equal to the costs
and reasonable attorney's fees incurred by the prevailing party in connection with such
litigation. The failure to enforce or to cause the abatement of any violation of this Declaration
shall not preclude or prevent the enforcement thereof or of a further or continued violation,
whether such violation shall be of the same or of a different provision of this Declaration.
Section 2: Thiration. This Declaration shall run with the land, shall be binding upon
all persons owning Lots and any persons hereafter acquiring said Lots, and shall be in effect
in perpetuity unless amended or terminated as provided in the Act.
Section 3: Amendment. Except as otherwise provided in this Declaration, this
Declaration may be altered or amended at any time by the then record Owners of sixty-seven
percent (67%) or more of the Lots. In no event shall any provisions of this Declaration
relating to the responsibility to maintain the public roads and streets, septic systems, or
Common Elements within the Common Interest Community (including, by example and not
limitation, provisions authorizing assessments in the establishment and enforcement of liens
for nonpayment of assessments or costs of repair or maintenance) be amended or expire
unless specifically released by the Board of County Commissioners of Weld County,
Colorado.
Section 4: Captions. The captions contained in the Documents are inserted only as a
matter of convenience and for reference, and in no way define, limit, or describe the scope of
the Documents or the intent of any provision thereof.
Section 5: Gender. The use of the masculine gender refers to the feminine gender,
and vice versa, and the use of the singular includes the plural, and vice versa, whenever the
context of the Documents so require.
Section 6: Waiver. No provision contained in the Documents is abrogated or waived
by reason of any failure to enforce the same, irrespective of the number of violations or
breaches which may occur.
Section 7: Tnvalidity. The invalidity of any provision of the Documents does not
impair or affect in any manner the validity, enforceability, or effect of the remainder, and if a
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provision is declared invalid by judgment or court order, all of the other provisions of the
Documents shall continue in full force and effect.
Section 8: Conflict. The Documents are intended to comply with the requirements of
the Act. If there is any conflict between the Documents and the provisions of the Act, the
provisions of the Act shall control. In the event of any conflict between the Improvement
Agreement and this Declaration, the Improvement Agreement shall control. In the event of
any conflict between this Declaration and any other Document, this Declaration shall control.
IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed
as of the day and year first above written.
_ 7
RIC HANSEN
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
e foregoing instrument was acknowledged before me this oc 4/ day of
2004, by RIC HANSEN.
itnes y hand and official seal.
My commission expires . D
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C➢IWYI Subdivision
Covenants 2003
Res ed7/02/03(JAM/SRF!) O
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EXHIBIT A
Lot A of Recorded Exemption #3212; being
part of the SW1/4 of Section 31, Township 8
North, Range 68 West of the 6th P.M., Weld
County, Colorado.
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