HomeMy WebLinkAbout20000918.tiff P' 'NNED UNIT DEVELOPMENT CHANGE OF ZONE APPLICATION
PLANNING DEPARTMENT USE ONLY:
Case Number _ Application Fee:
Zoning District Receipt Number
Date Application Checked By: —_
Planner Assigned to Case:
To BE COMPLETED BY THE APPLICANT: (Print or type only except for required signatures).
/(we), the undersigned, hereby request hearings before the Weld County Planning Commission and the Board of County
Commissioners concerning the proposed PUD rezoning of the following described unincorporated area of Weld County.
LEGAL DESCRIPTION: LQl Jj of f1fy Ki- -G G/ , or T hc /'G' 1F ET T1C a; .3 7
7-7n', E:Le; OF me &T11 pm, , L 7j' (oimitY, a.
(If additional space is required, attach an additional sheet of this same size or a copy of the deed)
PARCEL NUMBER: C..; 7 C' 7 72' L'. C+ �' L) ./ L" (12 digit number-found on TAX 1.0. or obtained at the Assessor's
Office)
NAME OF PROPOSED PUD SUBDIVISION L C.'Kll)j)idt' (WC-CT
EXISTING ZONING A 1C.if R/9 C PROPOSED
ZONING PtiO :ctr714 :%—1-1 L 7O 1,�.-
"AL ACREAGE /2 OVERLAY DISTRICTS %2/CI4i.JU- ._
PROPOSED DEVELOPMENT GUIDE SUBMITTAL (Specific or Conceptual)
`;Pa.i- F/c
PROPERTY OWNERS OF AREA PROPOSED FOR PUD REZONING:
NAME Jill flit eft Mc.; PHONEL9,'C)> 7
ADDRESS RT , 3A(.1L f tiLX:1Z :3L C74WIJ), (. ` 065
NAME _ PHONE,
ADDRESS
APPLICANT OR AUTHORIZ`-.D AGENT (if different than above `)
NAME
ADDRESS
HOME TELEPHONE BUSINESS TELEPHONE
If agent is different from the property owner, please submit written documentat )n from the property owner authorizing
said agent to represent the owner.
Signature: Owner or Authorized Agem
I >�
A-CAA—Q. I 8 # "
2000-0918
Performance Standards January 14, 2000
Coalbank Crest Subdivision
2.1 Access Standards—This subdivision is adjacent to WCR 31, a paved county road. This
subdivision will have a paved internal street designed to the standards of the Weld
County Department of Public Works.
2.2 Buffering and Screening—A landscape plan is provided. Landscaping is also addressed
in the covenants.
2.3 Bulk Requirements—The normal bulk requirements for the estate zone district will be
followed except for lot size, which will be varied and will meet the overall density of 2.5
acres per lot.
2.4 Circulation —This subdivision has been reviewed by the Department of Public Works and
meets their requirements for circulation.
2.5 Common Open Space —This subdivision will have 15% open space. This is identified on
the drawings and is addressed in the covenants and homeowners association by-laws.
2.6 Compatibility—This subdivision is surrounded on three sides by small rural acreages.
The primary agriculture use for these acerages is pasture. There are five homes within
800' of this subdivision. The farm across WCR 31 to the east is intensively farmed, but
there have been no conflicts between neighbors. Right-to-farm and good rural neighbor
policies are addressed in the covenants.
2.7 Design Standards and Improvement Agreement—The design of this subdivision meets
the requirements of the Comprehensive Plan and the Subdivision, PUD and Zoning
Ordinances. A rough draft of an improvements agreement will be submtted with the
change of zone and a final copy will be submitted at the final stage.
2.8 Filing—There will be only one filling for this subdivision.
2.9 Landscape Standards—An Improvements Agreement will be entered into at the final
stage.
2.10 Mining—Oil and natural gas are the only minerals of value under the property. The close
proximity of existing wells and the lack of space will preclude any future drilling on this
site.
2.11 Mixed Use Development Area —This subdivision is not located within a MUD area.
2.12 Monuments—Permanent reference monuments will be placed.
2.13 Non-Urban Scale Development—This subdivision is defined by the Weld County
Comprehensive Plan as a non-urban scale development.
2.14 Parking Requirements—This subdivision will contain no parking or loading areas.
2.15 Phasing—This subdivision will be developed in one phase.
2.16 Public Water Provisions—This subdivision will be supplied by the North Weld County
Water District.
Page `.
2.17 Urban Development Nodes—This subdivision is not located within an urban development
node.
2.18 Urban Scale Development—This subdivision does not meet the definition of an urban
scale development.
2.19 USES—This 12.8 acre subdivision will consist of five 1.1 acre residential lots, an open
space lot and a street lot. One outbuilding will be allowed on each residential lot. A
landscape plan has been submitted. The design of the subdivision meets the circulation
requirements of the Department of Public Works. Water and sewer provisions are
described below and elsewhere. The construction of this subdivision will be within one
year of the approval by Weld County. The construction of residences, outbuildings and
residential lot landscaping will be dependent on the homeowners.
2.20 Water and Sewer Provisions—This subdivision will be serviced by NWCWD. Each
residence will have a private septic system designed by an engineer. Each lot will have
space reserved for two leach fields.
Page 2
PUD Change of Zone November 23, 1999
Coalbank Crest Subdivision
A Change of Zone from A (Agricultural)to PUD with Estate uses for a 5-lot PUD Subdivision
Lot B of RE-2279, situated in the NE4 of Section 33, T7N, R66W of the 6th P.M., Weld County,
Colorado
West of and adjacent to WCR 31, south of WCR 76
5.3 Requirements for Submittal
5.3.1 The PUD Change of Zone application forms are included.
5.3.2 There are no problems resulting from the location of the Larimer&Weld Irrigation Ditch.
5.3.3 Included is the list of neighboring property owners.
5.3.4 Included is the list of mineral owners for the subdivision property.
5.3.5 The Change of Zone Plat is included.
5.3.6 A Specific Development Guide is included.
Page 1
6 Development Guide Requirements
6.2.1 Option One—This will be a Specific Development Guide.
6.3 Major Components
6.3.1 Environmental Impacts
6.3.1.2.1.1 This PUD will have no abnormal Noise and Vibration impacts.
6.3.1.2.1.2 This PUD will have no abnormal Smoke, Dust and Odor impacts.
6.3.1.2.1.3 This PUD will have no abnormal Heat, Light and Glare impacts.
6.3.1.2.1.4 The Visual/Aesthetic Impacts will be controlled by the quality of work, the
covenants and landscaping. The covenants will address size, height, roof pitch,
exterior materials, etc. The landscape plan will address types of plants, fencing,
the trail, etc.
6.3.1.2.1.5 This PUD will create no Electrical Interference. The electrical power lines already
exist along WCR 31. The service to each home will be buried to prevent
interference.
6.3.1.2.1.6 This PUD will create no Water Pollution. The covenants address the
accumulation of manure. All drainage is into the Larimer&Weld Irrigation Ditch
and will be diluted and filtered by miles of agricultural application before reaching
state waterways.
6.3.1.2.1.7 Black water disposal from motor homes or septic tanks will be prohibited by the
covenants. Normal run-off and irrigation waste water drains into the Larimer&
Weld Irrigation Ditch.
6.3.1.2.1.8 This PUD has no Wetland.
6.3.1.2.1.9 Erosion and Sedimentation will be controlled by the landscaping.
6.3.1.2.1.10 Excavating, Filling and Grading will occur only during construction and will create
no adverse impact on the surrounding rural area.
6.3.1.2.1.11 There will be no Drilling, Ditching and Dredging.
6.3.1.2.1.12 Air Pollution is controlled by Weld County burning regulations.
6.3.1.2.1.13 All Solid Waste will be delivered to the Weld County Landfill. Manure may be
applied agriculturally for it's organic and chemical nutritive value.
6.3.1.2.1.14 None of the existing Wildlife will have to be relocated.
6.3.1.2.1.15 None of the Natural Vegetation will have to be removed.
6.3.1.2.1.16 There is no Radiation/Radioactive Material.
Page 2
6.3.1.2.1.17 The Drinking Water Source will be North Weld County Water District. Water taps
have already been purchased. Irrigation water is available for irrigating the
residential and open space lots.
6.3.1.2.1.18 The Weld County Public Works Department has reviewed this proposed
subdivision and has no concerns for Traffic Impacts.
6.3.2 Service Provision Impacts
6.3.2.2.1.1 A cash payment will be made to the Eaton School District.
6.3.2.2.1.2 This proposed 5-lot subdivision would not adversely impact Law Enforcement.
6.3.2.2. 1.3 Two fire hydrants will be installed per the requirements of the Eaton Fire
Protection District.
6.3.2.2.1.4 This proposed 5-lot subdivision would not adversely impact Ambulance services.
6.3.2.2.1.5 The subdivision will be adjacent to WCR 31, a paved county rcad. The internal
street will meet the requirements of the Weld County Public Works Department
fora paved road.
6.3.2.2.1.6 The Department of Public Works has determined that a Traffic. Impact Analysis
is not required.
6.3.2.2.1.7 A Storm Drainage Report prepared by Terracon Consultants Western has been
submitted.
6.3.2.2.1.8 Utility Provisions: NWCWD will provide soft water, Public Service will provide
electricity, Greeley Gas will provide natural gas and US West will provide phone
service. Each lot have its own septic system design by a registered engineer.
Each lot will have area reserved for two leach fields.
6.3.2.2.1.9 A letter from North Weld County Water District has been submitted.
6.3.2.2.1.10 Each lot will have an individual septic system designed by a registered engineer.
including space for two leach fields.
6.3.3 Landscaping Elements
6.3.3.2.2 A Landscape Plan is included.
6.3.3.2.3 Each lot will be allowed to landscape per the covenants. The proposed
subdivision is surrounded on three sides by an irrigation ditch easement and a
road ROW. A fence will be installed on the fourth side.
6.3.3.2.4 A maintenance schedule for the open space is included the homeowners
association rules.
6.3.3.2.5 A rough draft of the improvements agreement will be submitted with the change
of zone application. An improvements agreement will be entered into at the final
stage.
Page 3
6.3.3.2.6 The open space will be irrigated with water from the Larimer&Weld Irrigation
Ditch.
6.3.4 Site Design
6.3.4.2.1.1 The site is located close to the crest of a hill providing an excellent view of the
mountains and surrounding area. The Larimer&Weld Irrigation Ditch bounds the
west and south side of the site.
6.3.4.2.1.2 The site is non-prime ground and has not been profitable agriculturally.
Removing this ground from agricultural production will have nc adverse impact
on agriculture. The development of the proposed subdivision will allow profitable
use of the land.
6.3.4.2.1.3 The PUD will consist of five residential lots with no other uses allowed.
6.3.4.2.1.4 There are five homes on the lots adjacent to the proposed subdivision. The lots
on the south, west and north sides are 35 acres or less. The Ict on the east side
is a farm that utilizes intensive practices. The subdivision covenants will include
right-to-farm and good rural neighbor policies.
6.3.4.2.1.5 The proposed subdivision is not located within a Flood Hazard, Geologic Hazard
or Airport Overlay District.
6.3.5 Common Open Space Usage
6.3.5.2 Open Space Regulations—The open space regulations are included in the
homeowners association rules.
6.3.5.3.2.2 An improvements agreement will be entered into.
6.3.6 Signage
6.3.6.1 A stop sign and street sign will be the only signs allowed.
6.3.7 MUD Impact
6.3.7.1 The proposed subdivision is not located in a MUD area.
6.3.8 Intergovernmental Agreement Impacts
6.3.8.1 The proposed subdivision is not located in an intergovernmental agreement area.
Page 4
February 11, 2000 :Veld County Planning L '-H
To: Don Carroll FF 3 .I,, 2000
Public Works Department n
POBox758 RE � �Er� � A ,
Greeley CO 80632
From: Jim Bates
36961 WCR 31
Eaton CO 80615
Subject: Road Maintenance
You wrote me a letter last June concerning Weld County Public Works
maintaining the paved road within a development I am proposing. Since then, I
had to re-submit as a PUD instead of a minor subdivision. I stated in the PUD
sketch plan application that the homeowners association would maintain the
road. That was because I misunderstood the requirements of the Planning
Department in regards to Public Works maintaining the road. I have recently
discussed this with Julie Chester of the Planning Department and she has
cleared up my misunderstanding. It is still my desire for Public WorKs to maintain
the road. I understand it must be constructed to the standards of the Public
Works Department and that the homeowners association will be responsible for
snow removal for the first year and that the Public Works Department has final
approval.
I apologize for the confusion. Hopefully, my proposed development will be
approved and the road will be approved and this will actually happen some day.
Thanks,
cc: Julie Chester
EXHIBIT "A"
Name of Subdivision: (wiz cyzE.sT� (j?ELU!?!& 'Y)
Filing: _ -Location:
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this
subdivision and as shown on the subdivision final plat County dated , 19
recorded on , 19�_, in Book , Page No. _ , Reception No.
,the following improvements.
(Leave spaces blank where they do not apply)
Estimated
Improvements Unit Cost Construct on Cost
Street grading 1170 � I�L 1)00
Street base /5;600 _
Street paving 29,evc
Curbs,gutters, &culverts ?O t,0,7(2
Sidewalk
Storm sewer facilities
Retention ponds _
Ditch improvements —
Subsurface drainage
Sanitary sewers Sanitary sewers
Trunk &forced lines
Mains _
Laterals(house connected)
On-site sewage facilities
—
On-site water supply& storage
Water mains-Includes Bore %7$0
Fire hydrants 3 CeiC.�
Survey& street monuments& boxes
Street lighting _
—
Street name signs i,6.-„V _
Fencing requirements ?j.[";;()
Landscaping
Park improvements
Road Culvert
Grass Lined Swale
Telephone ( f'l5C') 3.
Llkctric 5L(7 Water Transfer —
St;B.-TOTAL AL 1C1�MP
9 Rcvise I I2')
Engineering and Supervision Costs /.�C)Ca�l
(testing, inspection, as-built plans and work in addition to preliminary and final plat, supervision 01 actual
construction by contractors)
T(YfAI, ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ ;O
The above improvements shall be constructed in accordance with all County requirements and specifications,
and conformance with this provision shall bedcicnnined solely by Weld County,oritsduly authorised agent.
Said improvements shall be completed according to the construction schedule set )ut in Exhibit 13"
(In corporation, to be signed by President and attested to by Secretary, together with corporate seal )
Date: , 19
1 0 uc, „
EXHIBIT "B"
Name of Subdivision: COAL o/iil C k r Exce i iii4r gY)
Filing:
Location:
Intending to be legally bound, the undersigned Applicant hereby agrees to construct the
improvementsshown on the final subdivision plat of Subdivision,
dated , 19 ,Recorded on , 19 , in Book
_ Page No. , Reception No. ,the following schedule.
All improvements shall be completed within years from the date of approval of the
limit plat.
Construction of the improvements listed in Exhibit "A" shall be completed as ibitows:
(Leave spaces blank where they do not apply.)
Improvements Time for Completion
Site grading /7 MC/0-11 S
Street base
Street paving
Curbs, gutters, and culverts
Sidewalk
Storm sewer facilities
Retention ponds
Ditch improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals(house connected)
On-site sewage facilities
On-site water supply and storage
Water mains
Fire hydrants
Survey& street monuments&boxes 5
Street lighting
Street name signs
Fencing requirements _ $)-
Landscaping
Park improvements
Telephone
Gas 17
Electric /cl
Water Transfer
Sub-Total
11 Revised I2 9s
The County, at its option, and upon the request by the Applicant, may grant an extension of time for
completion for any particular improvements shown above, upon a showing by the Aoplicant that the
above schedule cannot be met.
(If corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
Date: , 19
m'.\ibtmWpnvete.db
12 Revised 12/95
/0:4
ARTICLES OF INCORPORATION
FOR
COALBANK CREST HOMEOWNERS ASSOCIATION
For the purpose of forming a corporation not-for-profit under the Laws of the State of
Colorado, the undersigned, being a natural person eighteen years of age or older and acting as
Incorporator, hereby signs and acknowledges the following Articles of Incorporation:
ARTICLE I
NAME
The name of the nonprofit corporation is COALBANK CREST HOMEOWNERS
ASSOCIATION (hereinafter referred to as the "Association").
ARTICLE II
DURATION
The period of duration of the Association shall be perpetual.
ARTICLE III
PURPOSES
The business, objectives, and purposes for which the Association is formed are as follows:
1 To be and constitute the Association to which reference is made in the Declaration of
Covenants, Conditions and Restrictions for Coalbank Crest PUD and any amendment or
supplement thereto(hereinafter called the"Declaration")which has been or will be recorded
in the records of the Clerk and Recorder of the County of Weld, Colorado, and to perform
all obligations and duties of the Association and to exercise all right; and powers of the
Association. The definitions and provisions of the Declaration are incorporated herein as if
fully set forth.
2. To provide an entity for the furtherance of the interests of all of the Owners, including the
Declarant named in the Declaration, of five(5) single family detached lots in Coalbank Crest
PUD with the objectives of establishing and maintaining those lots as a project of quality and
value; enhancing and protecting its value, desirability and attractiveness; and providing for
certain maintenance, preservation, and architectural control of the lots within said project..
ARTICLE IV
NOT FOR PROFIT
No part of the net earnings of the Association shall inure to the benefit of or be distributable
to the members, directors, or officers of the Association, or other private persons, except that the
Association shall be authorized and empowered to pay reasonable compensation for services rendered
to it and to make payments and distributions in furtherance of the purpose;, set forth in Article III
hereof.
ARTICLE V
POWERS
Except and unless expressly limited by these Articles or the Declaration, the Association shall
have all of the powers, duties,and privileges granted to or permissible for a corporation not-for-profit
under the laws of Colorado including, but not limited to,the following acts on a not-for-profit basis:
1. To make and establish rules and regulations governing the use and activities of the
Association.
2. To make, levy, and collect assessments against members of the Association, in accordance
with the terms of the Declaration and such Bylaws of this Association as may from time to
time be adopted, defray the costs, expenses, and losses of the Association, and to use the
proceeds in the exercise of its powers and duties.
3. To maintain, repair, replace, operate, and manage the Association and the real and personal
property comprising it, including the right to reconstruct improvements after damage by
casualty, to make further improvements of the Association property, and to purchase
replacements and additional property in furtherance of the purposes or the Association.
4. To make contracts and incur liabilities, borrow or lend money at such rates of interest as the
Association may determine, issue its notes,bonds and other obligations, and secure any of its
obligations by mortgage and pledge of all or any of its property, franchises, or income.
5. To purchase, lease, take by gift, devise or bequest, or otherwise acquire, own, hold,improve,
use,or otherwise deal in and with real and personal property, or any interest therein, including
that of any member of the Association.
6. To purchase insurance upon any of the Association property for protection of the
Association, and any mortgagees, lessees, or other persons.
2
7. To contract for the management of the Association and to delegate to such contractor or
contractors all powers and duties of the Association except such as are specifically required
by the Declaration to have approval of the Executive Board or the membership of the
Association or which may not be delegated pursuant to Colorado Law.
8. To employ personnel to perform the services required for the proper operation of the
Association.
9. To enforce by legal means the provisions of the Declaration, these Articles of Incorporation,
the Bylaws of the Association which may be hereafter adopted from time to time, and the
Rules and Regulations of the Association governing the use of properly within the project as
may be hereafter duly established.
10. To exercise, undertake, and accomplish all of the rights, duties, and obligations which may
be granted to or imposed upon the Association by law or pursuant to the Declaration.
The Powers of the Association shall be subject to and shall be exercised in accordance with
the provisions of the Declaration and the Bylaws. The foregoing powers shall not be limited in any
way, except as otherwise expressly provided,by reference to or inference from the terms of any other
clause(or any other matter within the same clause),but shall be regarded as independent powers; and
the enumeration of specified powers shall not be construed to exclude, limit, or restrict in any manner
any power, right, or privilege given to the Association by law, or to limit or restrict in any manner
the meaning of the general terms of such clauses, or the general powers of the Association, nor shall
the expression of one thing be deemed to exclude another, although it be of a like nature, not
expressed.
ARTICLE VI
MEMBERSHIP
1. The Association shall be a membership corporation without certificates or shares of stock.
As more fully provided in the Declaration, every person or entity who is a record owner of
a fee or undivided fee interest in any lot which is subject to assessment under the Declaration,
including contract sellers, shall be a member of the Association. The foregoing is not
intended to include persons or entities who hold an interest merely as security for the
performance of an obligation.
2. A membership in this Association and the interest of a member in the assets of the Association
shall not be assigned, encumbered, or transferred in any manner except as appurtenant to the
transfer of title to the lot to which the membership pertains;provided, however, that the rights
of membership may be assigned to the holder of a mortgage, deed of trust, or other security
instrument on a lot as further security for a loan secured by a lien on such lot.
3
3. A transfer of membership shall occur automatically upon the transfer of title to the lot to
which the membership pertains; provided, however, that the Bylaws of the Association may
contain reasonable provisions and requirements with respect to recording such transfers on
the books and records of this Association.
4. Members of this Association shall have the right to purchase other lots and to exercise the
membership tights appurtenant thereto as provided in the Declaration.
5. The Association may suspend the voting rights of a member for failure to comply with the
Rules and Regulations or the Bylaws of the Association or with any other obligations,
including nonpayment of assessments, under the Declaration. All members, except any
members who are in default in any obligation to the Association, shall be entitled to vote on
all matters. Cumulative voting is prohibited.
6. The Bylaws may contain additional provisions setting forth the rights, privileges, duties, and
responsibilities of the members; provided, however, the provisions of these Articles of
Incorporation and the Bylaws shall be subject to the covenants, terms and provisions of the
Declaration which shall control in the event of any conflict, and the provisions of these
Articles of Incorporation shall control over any conflicting provisions in the Bylaws.
ARTICLE VII
VOTING RIGHTS
As more fully provided in the Declaration and Bylaws,the Association s tall have one(1)class
of voting membership after the period of Declarant control:
1. Class A. Class A members shall be all owners of lots, and there shall be one(1)vote for each
lot owned (except that during the period of Declarant control, Declarant shall have two (2)
votes for each lot owned). When more than one (1) person holds an interest in any lot, all
such persons shall collectively constitute one (I) member, and the vote for such lot shall be
exercised as a majority of them determine. Except as specifically provided herein, in no event
shall more than one (1) vote be cast with respect to any lot. Class A members shall vote as
provided in the Declaration to approve the annual budget or any supplemental or special
assessment;to approve mergers, consolidations,or dissolution of the Association;to approve
conveyance, or mortgaging of the Common Area;to approve amendments to the Declaration
after the Declarant's rights to amend have terminated; to elect the Executive Board of the
Association during the period of Declarant control as required by C.R.S. 38-33.3-303; and
to elect all members of the Executive Board after the period of Declarant control consistent
with the manner of election to be described in the Bylaws of the Association.
2. Each Class A member shall be entitled to one(1) vote for each lot owned, provided that ( )
the Association may suspend any Class A member's voting rights in the Association during
any period or periods that such member fails to comply with the Rules and Regulations of the
4
Association adopted by the Executive Board or with any other obligation of the member
under the Bylaws or the Declaration. Notwithstanding the foregoing, during the period of
Declarant control (until Declarant sells eighty percent (80%) of tie single family lots),
Declarant shall be entitled to two (2)votes per each lot owned by Declarant.
3. Members shall have no preemptive rights to purchase other lots or the membership
appurtenant thereto.
ARTICLE VIII
EXECUTIVE BOARD
The names and addresses of the three (3) persons who are to serve as the first Executive
Board of the Association until their successors are duly elected and qualified are:
Jim Bates
36961 County Road 31
Eaton, CO 80615
The Executive Board shall consist of three (3) Directors during the period of Declarant
control. At such time as Declarant control terminates, the Executive Board shall consist of five(5)
Directors. Each of the five (5) Directors shall be elected in the manner set forth in the Bylaws.
The business affairs of the Association shall be conducted, managed, and controlled by the
Executive Board. Except as provided herein or in the Declaration, members of the Executive Board
shall be elected in the manner provided in the Bylaws.
Notwithstanding the foregoing,not later than sixty(60)days after conveyance of two(2) lots
that are originally made subject to the Declaration to lot owners other than the Declarant, at least one
(1)member of the Executive Board shall be elected by lot owners other than the Declarant. Not later
than sixty (60) days after conveyance of three (3) lots that are originally made subject to the
Declaration to lot owners other than the Declarant, not less than one third (1/3) of the members of
the Executive Board must be elected by lot owners other than the Declarant. In accordance with the
Colorado Common Interest Ownership Act, the period of Declarant control shall terminate no later
than the earlier of (i) sixty(60)days after conveyance of four(4) lots that were made subject to the
Declaration to lot owners other than the Declarant;or (ii) two (2)years after the Declarant has last
5
conveyed a lot in the ordinary course of business. The Declarant may voluntarily surrender the right
to appoint and remove officers and directors of the Executive Board before termination of the period
of Declarant control, but in that event, the Declarant may require for the duration of the period of
Declarant control, that specified actions of the Association or Executive Board, as described in a
recorded instrument executed by the Declarant, be approved by the Declarant before they become
effective.
ARTICLE IX
PRINCIPAL PLACE OF BUSINESS AND REGISTERED AGENT
The principal place of business of the corporation shall be:
36961 County Road 31
Eaton, CO 80615
The registered agent and his address shall be:
Jim Bates
36961 County Road 31
Eaton, CO 80615
ARTICLE X
TRANSFER OF ASSETS UPON DISSOLUTION
:�' In the event of the dissolution of this Association, all liabilities and obligations of the
Association shall be paid and discharged, or adequate provision shall be made therefor and all
r1/4t remaining property of the Association shall, to the extent reasonably possible, be conveyed or
• transferred to an appropriate public or governmental agency or agencies or to another nonprofit
corporation, association, trust, or other organization to be used, in any such event, for the common
benefit of the members of this Association for similar purposes for which the particular property was
held by this Association. To the extent the foregoing is not possible, all properties of the Association
shall be sold or disposed of, and the proceeds from the sale or disposition shall be distributed to
members in proportion to the number of lots each member owns within the project as more fully
described in the Declaration.
6
ARTICLE XI
INCORPORATOR
The Incorporator of this corporation shall be:
G. Brent Coan
1812 56'"Avenue,
Greeley, CO 80634
ARTICLE XII
AMENDMENTS
Amendments to these Articles of Incorporation may be adopted at a regular or special meeting
of the members of the Association at which a quorum is present upon receiving the vote of eighty
percent (80%) of the membership of the Association who are present at the meeting or who have
provided proxies to be voted upon the proposed amendment; provided, that no amendments shall be
adopted which would render these Articles inconsistent with the Declaration.
ARTICLE XIII
BYLAWS
The first Bylaws of the Association shall be adopted by the Executiv: Board and may be
altered, amended, or rescinded in the manner provided in the Bylaws; provided, however, that no
provision of the Bylaws shall be contrary to or inconsistent with any provisi Dns hereof or of the
Declaration.
ARTICLE XIV
PERSONAL LIABILITY OF EXECUTIVE BOARD
The personal liability of an Executive Board member to the Association or its members for
monetary damages for breach of fiduciary duty is eliminated; except that this shall not eliminate or
limit the liability of a member of the Executive Board to the Association or its members for monetary
damages for (a) any breach of the Executive Board member's duty of loyalty to the Association or
its members; (b) acts or omissions not in good faith or which involve intentional misconduct or
knowing violation of the law; (c) acts specified in C.R.S. 7-128-403; or (d) any transaction from
which the Executive Board member derived an improper personal benefit.
7
IN WITNESS WHEREOF, for the purpose of forming this nonprofit corporation under the
Laws of the State of Colorado, the undersigned, constituting the Incorporator of this corporation,
has executed these Articles of Incorporation on
G. Brent Coan, Incorporator
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing Articles of Incorporation were signed and sworn to before me by G. Brent
Coan, as Incorporator, on
WITNESS my hand and official seal.
My commission expires:
Notary Public
CONSENT
The undersigned specifically consents to the appointment as the initial Registered Agent of
Coalbank Crest Homeowners Association.
Dated:
Jim Bates
SiWp501A1EtatastcrporateMrbcleamepd
January 7,2000
1:38 PM 8
%
BYLAWS
OF
COALBANK CREST
HOMEOWNERS ASSOCIATION
TABLE OF CONTENTS
ARTICLE I
GENERAL -1-
Section 1. Introduction and Purpose -1-
Section 2. Terms Defined in Declaration -1-
Section 3. Controlling Laws and Instruments -1-
ARTICLE II
OFFICE AND REGISTERED AGENT -1-
Section 1. Principal Office -1-
Section 2. Registered Office and Agent -1-
ARTICLE HI
EXECUTIVE BOARD -2-
Section 1. Number and Qualification -2-
Section 2. Election of Directors -2-
Section 3. Powers and Duties -2-
a. Fiscal Responsibility -3-
i. Bank Accounts -3-
ii. Interest and Counsel Fees -3-
iii. Budget -3-
iv. Disbursement -3-
v. Reserves -4-
vi. Annual Audit -4-
Section 4. Standard of Care -4-
Section 5. Term of Office -4-
Section 6. Election of Directors -4-
Section 7. Removal of Directors -4-
Section 8. Vacancies -4-
Section 9. Meetings -5-
a. Regular Meetings -5-
b. Special Meeting -5-
c. Location of Meetings -5-
d. Waiver of Notice -5-
e. Quorum of Directors -5-
f. Telephone Communication in Lieu of Attendance -5-
g. Meetings Open to Owners -6-
Section 10. Compensation -6-
Section 11. Consent to Corporate Action -6-
Section 12. Non-Waiver -6-
ARTICLE IV
OWNERS -6-
Section 1. Annual Meeting -6-
Section 2. Special Meetings -6-
Section 3. Place of Meetings -7-
Section 4. Notice of Meetings -7-
Section 5. Waiver of Notice -7-
Section 6. Adjournment of Meeting -7-
Section 7. Order of Business -7-
Section 8. Voting -8-
Section 9. Quorum -8-
Section 10. Majority Vote -9-
ARTICLE V
OFFICERS -9-
Section 1. Designation -9-
Section 2. Election of Officers -9-
Section 3. Removal of Officers
Section 4. President
Section 5. Vice President -1.0-
Section 6. Secretary -10-
Section 7. Treasurer -10-
Section 8. Agreements, Contracts, Deeds, Checks, Etc -1 0-
Section 9. Compensation -10-
Section 10. Statements of Unpaid Assessments -11-
Section 11. Fidelity Bonds -11-
Section 12. Other Duties and Powers -11-
ARTICLE VI
RULES, REGULATIONS AND REMEDIES FOR VIOLATIONS -11-
Section 1. Common Area -11-
Section 2. Enforcement -11-
Section 3. Abatement and Enjoinment of Violations by Owners -11-
Section 4. Fine for Violation -12-
Section 5. Assessments -12-
-ii-
ARTICLE VII
BOOKS AND RECORDS d2-
Section 1. Examination -12-
Section 2. Records •-12-
ARTICLE VIII
MISCELLANEOUS -.13-
Section 1. Notices - 13-
Section 2. Fiscal Year - 14-
Section 3. Waiver - 14-
Section 4. Office -14-
Section 5. Title to Parcels -14-
Section 6. Additions, Alterations or Improvements by the Board -14-
Section 7. Right of Access -14-
Section 8. Common Expenses Payable by the Declarant -14-
Section 9. Invalidity and Severability -14-
Section 10. Amendments -14-
Section 11. Limited Liability; Indemnification -15-
Section 12. Conflict -15-
Section 13. Interpretation -16-
-iii-
BYLAWS
OF
COALBANK CREST HOMEOWNERS ASSOCIATION
ARTICLE I
GENERAL
Section 1. Introduction and Purpose. These Bylaws are adopted :'or the regulation and
management of the affairs of COALBANK CREST HOMEOWNERS ASSOCIATION (the
"Association"),a Colorado nonprofit corporation,organized to be the Association to which reference
is made in the Declaration of Covenants, Conditions and Restrictions for Cm.lbank Crest PUD and
for Coalbank Crest Homeowners Association (the "Declaration") to perform the functions as
provided in the Declaration and to further the interests of the owners of privately owned lots within
the Coalbank Crest PUD.
Section 2. Terms Defined in Declaration. Capitalized terms in these Bylaws shall have the
same meaning as any similarly capitalized terms in the Declaration.
Section 3. Controlling Laws and Instruments. These Bylaws are controlled by and shall
always be consistent with the provisions of the Colorado Nonprofit Corporation Act(the"Act"), the
Declaration and the Articles of Incorporation of the Association filed with the. Secretary of State of
Colorado, as any of the foregoing may be amended from time to time.
ARTICLE H
OFFICE AND REGISTERED AGENT
Section 1. Principal Office. The principal office of the corporation shall be 36961 County
Road 31, Eaton, Colorado 80615. The Executive Board, in its discretion, may change from time to
time the location of the principal office of the Association.
Section 2. Registered Office and Agent. The Colorado Nonprofit Corporation Act requires
that the Association have and continuously maintain in the State of Colorado a registered office and
a registered agent whose business office is identical with such registered office. The registered office
need not be the same as the principal office of the Association. The initial registered office and the
initial registered agent are specified in the Articles of Incorporation of the Association but may be
changed by the Association at any time without amendment to the Articles of Incorporation by filing
a statement as specified by law in the office of the Secretary of State of Colo-ado.
-1-
ARTICLE III
EXECUTIVE BOARD
Section 1. Number and Qualification. The affairs of the Association shall be governed by
an Executive Board which, until the termination of the period of Declarant control, shall consist of
three(3)persons pursuant to the terms specified in the Articles of Incorporation. Following the date
of termination of the Declarant's control, the Executive Board shall consist of five(5) persons who
shall be Owners. If any Residential Unit is owned by a partnership or corporation, any officer, partner
or employee of that Owner shall be eligible to serve as a Director and shall be c eemed to be an Owner
for the purposes of the preceding sentence.
Section 2. Election of Directors. Directors shall be elected by the Owners, except for those
appointed by the Declarant. At any meeting at which Directors are to be elei,ted, the Owners may,
by resolution, adopt specific procedures which are not inconsistent with these Bylaws and the
Corporation Laws of the State of Colorado for conducting the elections.
Notwithstanding the foregoing,not later than sixty(60)days after conveyance of two (2) lots
that are originally made subject to the Declaration to lot owners other than the Declarant, at least one
(1)member of the Executive Board shall be elected by lot owners other than th a Declarant. Not later
than sixty (60) days after conveyance of three (3) lots that are originally made subject to the
Declaration to lot owners other than the Declarant, not less than one third (1'3) of the members of
the Executive Board must be elected by lot owners other than the Declarant. I ri accordance with the
Colorado Common Interest Ownership Act, the period of Declarant control stall terminate no later
than the earlier of (i) sixty (60) days after conveyance of eighty percent (80' ) of the lots or four
(4)lots that were made subject to the Declaration to lot owners other than the Declarant; or (ii) two
(2)years after the Declarant has last conveyed a lot in the ordinary course ofburiness. The Declarant
may voluntarily surrender the right to appoint and remove officers and directors of the Executive
Board before termination of the period of Declarant control, but in that event, the Declarant may
require for the duration of the period of Declarant control, that specified actions of the Association
or Executive Board, as described in a recorded instrument executed by the Declarant, be approved
by the Declarant before they become effective.
Section 3. Powers and Duties. The Executive Board may act in all i istances on behalf of
the Association,except as provided in the Declaration, Articles of Incorporation,these Bylaws or the
Act. The Executive Board shall have, subject to the limitations contained in the Declaration, Articles
of Incorporation, these Bylaws and the Act, the powers and duties necessary for the administration
of the affairs of the Association, which shall include, but not be limited to, the )owers and duties set
forth in C.R.S. 38-33.3-302(1) and in the Declaration. The powers herein granted or necessarily
implied shall be construed to favor the broadest discretion of the Executive Board, except that the
Executive Board shall have the duty to exercise all of such powers as required by law.
-2-
a. Fiscal Responsibility. The Executive Board shall be governed by the following
with respect to its fiscal duties and responsibilities:
i. Bank Accounts. The depository of the Association shall be such bank or
banks as shall be designated from time to time by the Executive Board and in
which the monies of the Association shall be deposited. Withdrawals of
monies from such accounts shall be only by checks signed by such persons as
are authorized by the Executive Board, provided that a management
agreement may include among its provisions authority for the manager to sign
checks on behalf of the Association for payment of the obligations of the
Association.
ii. Interest and Counsel Fees. The Executive Board, at its option, shall have
the right in connection with the collection of any assessment or any other
charge, to impose an interest charge of eighteen percent (18%) per annum if
such payment is made after a date certain stated in a notice of said charge or
assessment. In the event that the Executive Board shall effectuate collection
of said charges by report to counsel, the Executive Board may add to the
aforesaid charge or charges reasonable attorney fees actually incurred, in
addition to such costs allowable by law.
iii. Budget. The Executive Board shall prepare a proposed annual budget for
the upcoming fiscal year prior to the end of the current fiscal year. As set
forth in the Declaration,within thirty(30)days after adoption of any proposed
budget for the Association, the Executive Board shall mail, by ordinary first
class mail, or otherwise deliver a summary of the budget to all the Owners and
shall set a date for a meeting of the Owners to consider ratification of the
budget not less than fourteen (14) and not more than sixty (60) days after
mailing or other delivery of said summary. Unless a majority of the Owners
present or represented by proxy at the meeting vote to reject the budget, the
budget is ratified whether or not a majority is present. In the event the budget
is rejected, the periodic budget last ratified by the Owners must be continued
until such time as the Owners ratify a subsequent budget proposed by the
Executive Board. A subsequent budget must be proposed within sixty (60)
days of the Owners' rejection of a budget. A proposed budget may be
amended by the Owners at the meeting called to consi der the same and may
be approved as amended.
iv. Disbursement. The Executive Board shall take and hold the funds as
collected and shall disburse the same for the purposes and in the manner set
forth herein and as required by law.
-3-
v. Reserves. The Executive Board shall not be obligal ed to expend all of the
revenues collected in any accounting period but may maintain a reasonable
reserve for, among other things, emergencies, contingencies of bad weather
or uncollected accounts. Said reserve fund or funds shall, however, be kept
in an insured, interest bearing savings account or certificate of deposit. 'the
foregoing shall not be construed to mean that the Executive Board shall not
be permitted to keep additional cash on hand in a checking or petty cash
account for the necessary discharge of its function.
vi. Annual Audit. The Executive Board may submit its books, records, and
memoranda to an annual audit by a disinterested certi:ied public accountant
to audit the same and render a report thereon in writing to the Executive
Board and in summary form to the members and such other persons, firms, or
corporations as may be entitled to same. If such audii. is performed, it shall
be a common expense unless otherwise provided in th a Declaration.
Section 4. Standard of Care. In the performance of their duties, the Directors or other
members of the Executive Board are required to exercise (i) if appointed by t ne Declarant, the care
required of fiduciaries of the Owners and (ii) if elected by the Owners, ordinary and reasonable care.
Section 5. Term of Office. A term of office shall be three (3) years. Any member shall be
permitted to serve a maximum of two full terms of office in succession, upon the completion of which
such person shall be disqualified from holding office as a member of the Execut ve Board for a period
of three (3) years. The limitation upon terms of office of Board members herein shall not apply to
Directors appointed by Declarant nor to any member of the"First Board of Directors"elected by the
Owners, who shall serve fewer than three(3)years as a member of the Board cfDirectors during his
or her first term in office. It is the intention of these Bylaws that a member of the "First Board of
Directors" may serve two (2) three-year terms, in addition to any shorter term served as a member
of the"First Board of Directors" which allows for the creation of staggered t arms for the Board.
Section 6. Election of Directors. Except for Directors to be appointed by the Declarant,
election of Directors shall be by simple majority vote of the Owners at the annual meeting.
Section 7. Removal of Directors. The Owners, by an eighty percent (80%) vote of all
persons present and entitled to vote, at any meeting of the Owners at which a quorum is present, may
remove any Director of the Executive Board(other than a Director appointed by the Declarant)with
or without cause. The notice of this meeting must indicate the purpose for which it is called (to
remove a Director).
Section 8. Vacancies. Vacancies in the Executive Board, caused by any reason other than
the removal of a Director by a vote of the Owners, may be filled at a special meeting of the Executive
Board held for that purpose at any time after the occurrence of the vacancy, even though the
Directors present at that meeting may constitute less than a quorum. These appointments shall be
-4-
made by a majority of the remaining elected Directors constituting the Executive Board. Each person
so elected or appointed shall be a Director for the remainder of the term of the Director so replaced.
Section 9. Meetings.
a. Regular Meetings. The first meeting of the Board following the first annual
meeting of the Owners shall be held within ten(10)days thereafter and no notice shall
be necessary. Thereafter, regular meetings of the Executive Board may be held at
such time and place as shall be determined from time to time by a majority of the
members of the Executive Board, but at least two (2) meetings shall be held each
year. Notice of regular meetings of the Executive Board shall be given to each
member of the Board by mail or facsimile at least three(3)business days prior to the
day of the meeting. Any member of the Executive Board may, at any time, waive
notice of any meeting of the Executive Board in writing anc such waiver shall be
deemed equivalent to the giving of notice.
b. Special Meeting. Special meetings of the Executive Board may be called by the
President or by a majority of the Directors on at least seven(7) business days' notice
to each Director(except in the event of an emergency when less notice may be given).
The notice shall be hand delivered, or sent by mail or facsimile and shall state the time,
place and purpose of the meeting.
c. Location of Meetings. All meetings of the Executive Board shall be held at such
time and place as shall be fixed by the Executive Board.
d. Waiver of Notice. Any Director may waive notice of any meeting in writing.
Attendance by a Director at any meeting of the Executive Bc ard shall constitute a
waiver of notice. If all the Directors are present at any meeting, no notice shall be
required, and any business may be transacted at such meeting.
e. Quorum of Directors. At all meetings of the Executive Board, a majority of the
Directors shall constitute a quorum for the transaction of business and the votes of a
majority of the Directors present at a meeting at which a quorum is present shall
constitute a decision of the Executive Board, except as may otherwise be specifically
provided by statute, the Articles of Incorporation, the Declaral ion, or these Bylaws.
If, at any meeting, there shall be less than a quorum present, a majority of those
present may adjourn the meeting. At any adjourned meeting it which a quorum is
present, any business which might have been transacted at tie meeting originally
called may be transacted without further notice.
1. Telephone Communication in Lieu of Attendance. A Director may attend a
meeting of the Executive Board by using an electronic or telephonic communication
method whereby the Director may be heard by the other memt ers and may hear the
-5-
deliberations of the other members on any matter properly brought before the
Executive Board. The Director's vote shall be counted and ta.e presence noted as if
that Director were present in person on that particular matter
g. Meetings Open to Owners. Meetings of the Executive Board shall be open to all
owners and institutional mortgagees, except that the Executive Board may conduct
an executive session during said meeting to discuss matters related to pending or
threatened litigation. The Executive Board may move into executive session upon
motion and affirmative vote. The Executive Board may exclule any and all persons
except other board members from an executive session.
Section 10. Compensation. No member of the Executive Board shall receive any
compensation for acting as a Director. However,Directors may receive reimbursement for necessary
expenses actually incurred in connection with the Director's duties. Directors acting as employees
or independent contractors of the Association may be compensated for those duties.
Section 11. Consent to Corporate Action. If all the Directors or all Directors of a committee
established for such purposes, as the case may be, severally or collectively consent in writing to any
action taken or to be taken by the Association, and the number of the Directors constitutes a quorum,
that action shall be a valid corporate action as though it had been authorized at a meeting of the
Executive Board or the committee, as the case may be. The Secretary shall file these consents with
the minutes of the meetings of the Executive Board.
Section 12. Non-Waiver. All the rights, duties, and privileges of the Executive Board shall
be deemed to be continuing and shall not be exhausted by a single act or series of acts. To the same
extent, the failure to use or employ any remedy or right hereunder or hereafter granted shall not
preclude its exercise in the future nor shall any custom bind the Executive Board.
ARTICLE IV
OWNERS
Section 1. Annual Meeting. Annual meetings of Owners shall be held as provided in the
minutes of the first annual meeting of the Owners or, if not provided therein, in the month which the
Articles of Incorporation for the Association were filed., or at such other da:e as set forth in any
notice. At these meetings, the Directors shall be elected by ballot of the Owners in accordance with
the provisions of Article III of these Bylaws. The Owners may transact other business as may
properly come before them at these meetings.
Section 2. Special Meetings. After the period of Declarant control, special meetings of the
Owners may be called by the President, whenever he or she deems such a meeting advisable. A
special meeting shall be called by the Secretary when so ordered by the major ty of the members of
the Executive Board or upon written request of Owners comprising no less than twenty percent
-6-
(20%) of the votes in the Association. A request by the Owners shall state the purpose or purposes
of such meeting and the matter proposed to be acted upon at the special meeting. The Secretary shall
give notice stating the purpose or purposes of the meeting to all Owners entitled to vote at such
meeting. No special meeting need be called upon the request of Owners entitled to cast less than
forty percent(40%) of the votes of the Association to consider any matter wvch is substantially the
same matter voted upon at any meeting of the members held during the preceding twelve (12)
months.
Section 3. Place of Meetings. Meetings of the Owners shall be held at the principal office
of the Association or may be adjourned to a suitable place convenient to the Owners, as may be
designated by the Executive Board or the President.
Section 4. Notice of Meetings. The Secretary or other Officer specified in the Bylaws shall
cause notice to be hand delivered or sent prepaid by United States mail to the mailing address of each
Residential Unit or to the mailing address designated in writing by the Owner, not less than ten (10)
nor more than fifty(50) days in advance of a meeting. The notice of the meeting must state the fume
and place of the meeting and the items on the agenda, including the general nature of any proposed
amendment to the Declaration or Bylaws, any budget changes, and any proposal to remove an Officer
or member of the Executive Board. No action shall be adopted at a meeting except as stated in the
notice.
Section 5. Waiver of Notice. My Owner may, at any time, waive notice of any meeting of
the Owners in writing, and the waiver shall be deemed equivalent to the receipt of notice.
Section 6. Adjournment of Meeting. At any meeting of Owners, a majority of the Owners
who are present at that meeting, either in person or by proxy, may adjourn the meeting to another
time.
Section 7. Order of Business. The order of business at all meetings of the Owners shall be
as follows:
a. Roll call (or check-in procedure);
b. Proof of notice of meeting;
c. Reading of minutes of preceding meeting;
d. Reports
-- Executive Board reports
-- Officers' reports;
-- Committee reports;
e. Election of Directors of the Executive Board (when required);
f Ratification of budget (if required and noticed);
g. Unfinished business;
h. New business; and
i. Adjournment.
-7-
Section 8. Voting.
a. The owner(s) of each Residential Unit (the"Owners") shall have one(1) vote per
residential unit or parcel owned.
b. If only one (1) of several owners of a Residential Unit is present at a meeting of
the Association, the owner present is entitled to cast the vote allocated to the
Residential Unit. If more than one of the owners of a Residential Unit are present, the
vote allocated to the Residential Unit may be cast only in accordance with the
agreement of a majority in interest of the owners. There is a majority agreement if any
one of the owners casts the vote allocated to the Residential Unit without protest
being made promptly to the person presiding over the meeting by another owner of
the same Residential Unit.
c. A vote allocated to a Residential Unit may be cast under a proxy duly executed by
an Owner. If a Residential Unit is owned by more than one person, each owner of the
Residential Unit may vote or register protest to the casting of votes by the other
owners of the Residential Unit through a duly executed proxy. An Owner may revoke
a proxy given under this section only by actual notice of revocation to the person
presiding over a meeting of the Owners. A proxy is void if it is not dated or purports
to be revocable without notice. A proxy terminates six (6) months after its date,
unless it specifies a shorter term.
d. The vote of a corporation or business trust may be cast t y any Officer of that
corporation or business trust in the absence of express notice of the designation of a
specific person by the Board of Directors or bylaws of the owning corporation or
business trust. The vote of a partnership may be cast by any general partner of the
owning partnership in the absence of express notice of the designation of a specific
person by the owning partnership. The moderator of the meeting may require
reasonable evidence that a person voting on behalf of a corporation, partnership or
business trust owner is qualified to vote.
e. Cumulative voting shall not be permitted.
f The election of Directors shall be by ballot. Unless demanded by at least forty
percent (40%) of the members present in person or by proxy at such meeting and
entitled to vote there at, or determined by the President to be advisable, the vote on
any other question need not be by ballot.
Section 9. Quorum. A quorum shall consist of at least forty percent (40%) of all Owners
entitled to vote, whether present, in person, or by written proxy, except as otherwise provided in
these Bylaws or in the Declaration. The question as to the presence of a quorum may only be raised
immediately after the meeting has been called to order. If the presence of a quorum has not been
questioned or if by count it appears that a quorum is present, then the regularity of the proceedings
-K-
or the validity of the transactions of the meeting shall in no way be affected by lack of a quorum or
by change in the number present that may take place during the meeting. If rio quorum be present,
the presiding officer may adjourn the meeting to some other time, not later than seven (7) days from
the date of such meeting, and such adjourned meeting shall have the same effect as if held on the day
appointed.
When a quorum is present at any meeting, the vote of a majority of the Owners present in
person or represented by written proxy shall decide all questions and such vote shall be biding upon
all Owners, unless the question is one upon which by express provisions of the Declaration, Articles
of Incorporation, or these Bylaws a different vote is required, in which case such express provisions
shall govern and control the decision of such question.
Section 10. Majority Vote. The vote of a majority of the Owners present in person or by
proxy at a meeting at which a quorum shall be present shall be binding upon all Owners for all
purposes except where a higher percentage vote is required in the Declaration, these Bylaws or by
Colorado law.
ARTICLE V
OFFICERS
Section 1. Designation. The principal Officers of the Association shall be the President, the
Vice President,the Secretary and the Treasurer, all of whom shall be elected by the Executive Board.
The Executive Board may appoint an Assistant Treasurer, an Assistant Secretary and other Officers
as it finds necessary. The President and Vice President, but no other Officers, need to be Directors.
Any two (2) offices may be held by the same person, except the combination of offices of President
and Vice President and President and Secretary. Nothing herein shall prohibit a Director from being
an Officer.
Section 2. Election of Officers. The officers of the Association shall be elected annually by
the Executive Board at the first meeting of each new Executive Board. They shall hold office at he
pleasure of the Executive Board.
Section 3. Removal of Officers. Upon the affirmative vote of a two-thirds majority of the
Directors, any Officer may be removed, either with or without cause. A successor may be elected at
any regular meeting of the Executive Board or at any special meeting of the Executive Board called
for that purpose.
Section 4. President. The President shall be the chief executive Officer of the Association.
The President shall preside at all meetings of the Owners and of the Executive Board. The President
shall have all of the general powers and duties which are incident to the office of President of a
non-stock corporation organized under the laws of the State of Colorado, including but not limited
to the power to appoint committees from among the Owners from time to time as the President may
-9-
decide is appropriate to assist in the conduct of the affairs of the Association. The President may
fulfill the role of Treasurer in the absence of the Treasurer. The President may cause to be prepared
and may execute amendments, attested by the Secretary, to the Declaration and these Bylaws on
behalf of the Association, following authorization or approval of the particular amendment as appli-
cable.
Section 5. Vice President. The Vice President shall take the place of the President and
perform the President' s duties whenever the President is absent or unable to act. If neither the
President nor the Vice President is able to act,the Executive Board shall appoint some other Director
to act in the place of the President on an interim basis. The Vice President shall also perform other
duties imposed by the Executive Board or by the President.
Section 6. Secretary. The Secretary shall keep the minutes of all meetings of the Owners
and the Executive Board. The Secretary shall have charge of the Association s books and papers as
the Executive Board may direct and shall perform all the duties incident to the office of Secretary of
a non-stock corporation organized under the laws of the State of Colorado. The Secretary may cause
to be prepared and may attest to the execution by the President of amendments to the Declaration and
the Bylaws on behalf of the Association, following authorization or approval of the particular
amendment as applicable.
Section 7. Treasurer. The Treasurer shall be responsible for Association funds and
securities, for keeping full and accurate financial records and books of account showing all receipts
and disbursements and for the preparation of all required financial data. This Officer shall be
responsible for the deposit of all monies and other valuable effects in depositories designated by the
Executive Board and shall perform all the duties incident to the office of Treasurer of a non-stock
corporation organized under the laws of the State of Colorado. The Treasurer may endorse on behalf
of the Association, for collection only, checks, notes and other obligations and shall deposit the same
and all monies in the name of and to the credit of the Association in banks designated by the
Executive Board. Except for reserve funds described below, the Treasurer may have custody of and
shall have the power to endorse for transfer, on behalf of the Association, stocks, securities or other
investment instruments owned or controlled by the Association or as fiduciary for others. Reserve
funds of the Association shall be deposited in segregated accounts or in prudent investments, as the
Executive Board decides. Funds may be withdrawn from these reserves for the purposes for which
they were deposited, by check or order, authorized by the Treasurer, and execs ted by two Directors,
one of whom may be the Treasurer if the Treasurer is also a Director.
Section 8. Agreements, Contracts, Deeds, Cheeks, Etc. All agreements, contracts, deeds,
leases, checks and other instruments of the Association shall be executed by any Officer of the
Association or by any other person or persons designated by the Executive Board.
Section 9. Compensation. The President and Vice President shall not receive any
compensation for their services except reimbursement for necessary expenses actually incurred in
connection with Association duties. The Secretary and Treasurer may be compensated for their
-10-
services if the Executive Board determines that such compensation is appror riate. Compensation, if
any, shall be in an amount proposed by the Executive Board and approved by the majority of Owners
present or represented by proxy at a meeting.
Section 10. Statements of Unpaid Assessments. The Treasurer, Assistant Treasurer, a
manager employed by the Association or, in their absence, any Officer having access to the books and
records of the Association may prepare, certify, and execute statements of unpaid assessments, in
accordance with Section 38-33.3-316 of the Act and the Declaration. The Association may charge
a reasonable fee for preparing statements of unpaid assessments. The amount of this fee and the time
of payment shall be established by resolution of the Executive Board. The Association may refuse
to furnish statements of unpaid assessments until the fee is paid. Any unpaid fees may be assessed
as a Common Expense against the Residential Unit for which the statement is furnished.
Section 11. Fidelity Bonds. All Officers and members of the Association having the
responsibility of handling funds of the Association are to be bonded pursuant to the provisions of the
Declaration.
Section 12. Other Duties and Powers. The Officers shall have such other duties, powers,
and responsibilities as shall, from time to time, be authorized by the Executive Board.
ARTICLE VI
RULES, REGULATIONS AND REMEDIES FOR VIOLATIONS
Section 1. Common Area. Reasonable, uniform rules and regulations governing use of the
common area and the conduct of persons entitled to use such property may be adopted and amended
from time to time by the Executive Board. All Owners shall obey the rues and regulations as
promulgated by the Executive Board and all Owners shall be responsible for the compliance of any
of their guests with the rules and regulations referenced herein.
Section 2. Enforcement. The Association shall have the power,at its sole option,to enforce
the terms of this instrument, the Articles, the Declaration or any rule or regulation promulgated
pursuant thereto, by any or all of the following: self-help; by sending notice to the offending party to
cause certain things to be done or undone; by restoring the Association to it:'. originat position and
charging the breaching party with the entire cost or any part thereof;by taking any other action before
any court, summary or otherwise, as may be provided by law; by complaint t) the dully constituted
authorities.
Section 3. Abatement and Enjoinment of Violations by Owners. The violation of any of
the Rules and Regulations adopted by the Executive Board or the breach o F any provision of the
Declaration shall give the Executive Board the right after notice and hearing, except in case of an
emergency, in addition to any other rights set forth in these Bylaws:
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a. To enter upon the Residential Unit or Limited Common Element in which, or as
to which, the violation or breach exists and to summarily abate and remove, at the
expense of the defaulting Owner, any structure, thing or :ondition (except for
additions or alterations of a permanent nature that may exist it that Residential Unit)
that is existing and creating a danger to the Common Element: contrary to the intent
and meaning of the provisions of the Declaration. The Executive Board shall not be
deemed liable for trespass by this action; or
b. To enjoin, abate or remedy by appropriate legal proceedirgs, either at law or in
equity, the continuance of any breach.
Section 4. Fine for Violation. By resolution, following notice and hearing, the Executive
Board may levy a fine of up to Twenty Five Dollars ($25.00) per day for each day that a violation of
the Declaration or Rules and Regulations persists after notice and hearing.
Section 5. Assessments. Remedies for late payment or default of payment of Assessments
shall be governed by the Declaration and these Bylaws.
ARTICLE VII
BOOKS AND RECORDS
Section 1. Examination. All records maintained by the Association or the manager shall be
available for examination and copying by any Owner, any holder of a Security Interest in a Residential
Unit or its insurer or guarantor, or by any of their duly authorized agents or attorneys, at the expense
of the person examining the records, during normal business hours and after reasonable notice.
Section 2. Records. The Association shall keep the following recorc s:
a. An account for each Residential Unit, which shall designate the name and address
of each Owner, the name and address of each mortgagee who has given notice to he
Association that it holds a mortgage on the Residential Unit, the amount of each
Common Expense assessment, the dates on which each assessment comes due, the
amounts paid on the account and the balance due;
b. An account for each Owner showing any other fees payable by the Owner;
c. A record of any capital expenditures in excess of Two Thousand Dollars
($2,000.00) approved by the Executive Board for the current and next two
succeeding fiscal years;
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d. A record of the amount and an accurate account of the current balance of any
reserves for capital expenditures, replacement and emergency repairs, together with
the amount of those portions of reserves designated by the Association for a specific
project;
e. The most recent regularly prepared balance sheet and income and expense
statement, if any, of the Association:
f The current operating budget;
g. A record of any unsatisfied judgments against the Association and the existence
of any pending suits in which the Association is a defendant;
h. A record of insurance coverage provided for the benefit of Owners and the
Association;
i. A record of any alterations or improvements to Residential Units or Limited
Common Elements which violate any provisions of the Declarations of which the
Executive Board has knowledge;
j. A record of any violations, with respect to any portion of :he Common Interest
Community, of health, safety, fire or building codes or I iws, ordinances, or
regulations of which the Executive Board has knowledge;
k. A record of the actual cost, irrespective of discounts and allowances, of the
maintenance of the Common Elements, if any;
I. Tax returns for state and federal income taxation;
m. Minutes of proceedings of incorporators, Owners, Directors, committees of
Directors and waivers of notice; and
n. A copy of the most current versions of the Declaration, Bylaws, Rules and
Regulations, and resolutions of the Executive Board, along with their exhibits and
schedules.
ARTICLE VIII
MISCELLANEOUS
Section 1. Notices. All notices for the Association or the Executive Bcard shall be delivered
to the office of the Association, or to such other address as the Executive Baird may designate by
written notice to all Owners and to all holders of Security Interests in the Residential Units who have
notified the Association that they hold a Security Interest in a Residential Unit. Except as otherwise
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provided, all notices to any Owner shall be sent to the Owner' s address as it appears in the records
of the Association. All notices to holders of Security Interests in the Residential Units shall be sent
by registered or certified mail to their respective addresses, as designated by them in writing to the
Association. All notices shall be deemed to have been given when mailed, except notices of changes
of address, which shall be deemed to have been given when received.
Section 2. Fiscal Year. The Executive Board shall establish the fiscal year of the
Association, or if no fiscal year is established by the Executive Board, the fiscal year shall be the
calendar year.
Section 3. Waiver. No restriction, condition, obligation or provision contained in these
Bylaws 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
Section 4. Office. The principal office of the Association shall be on the Property or at such
other place as the Executive Board may from time to time designate.
Section 5. Title to Parcels. Title to Parcels may be taken in the name of an individual, or
in the name of two or more persons as tenants in common or as joint tenants with right of
survivorship, or in the name of a corporation, limited liability company, panne-ship or fiduciary. Any
Officer of a corporate Owner shall be eligible to serve on the Board.
Section 6. Additions, Alterations or Improvements by the Board. Whenever, in the
judgment of the Executive Board, Common Elements, if any, shall require additions, alterations or
improvements costing in excess of Two Thousand Dollars ($2,000.00). said alterations and
improvements shall not be made unless they have been approved by a majority )fthe members present
and voting at a meeting at which a quorum is present. When said approval has been obtained, all
members shall be assessed for the cost thereof above and beyond that allocated from the reserve fund
as a common charge.
Section 7. Right of Access. Each Owner shall grant a right of access to his Parcel to any
person authorized by the Executive Board for the purpose of inspecting fir and correcting any
condition originating on his Parcel and threatening another Parcel or any common element, provided
that requests for entry are made in advance and that any such entry is at a time reasonably convenient
to the Owner. In case of an emergency, such right of entry shall be immediate, whether the Owner
is present at the time or not.
Section 8. Common Expenses Payable by the Declarant. Until the sale of the first Parcel,
the Declarant shall be solely responsible for all Common Expenses.
Section 9. Invalidity and Severability. The invalidity of any part of :hese Bylaws shall not
impair or affect in any manner the enforceability or affect the balance of these Bylaws.
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Section 10. Amendments. These Bylaws, or any one of them, may he altered or repealed,
or new Bylaws may be made, at any meeting of the Association duly constitcted for such purpose,
a quorum being present,by an affirmative vote of eighty percent(80%)of the v ates entitled to be cast
in person or by proxy, except that the first annual meeting may not be advanced and the first Board
of Directors(including replacements in case of vacancies) may not be removed by reason of any such
amendment or repeal.
Section 11. Limited Liability; Indemnification. Neither Declarant, the Association, the
Executive Board or any member thereof, or any officer for the Association shall be liable to the
Association or any Owner for any action or for any failure to act with respect to any matter, so long
as such person or entity was not guilty of fraud or misconduct in taking such action or failing to act.
The officers, Executive Board, the Declarant, or the Association shall not be liable,
individually or as a group, to Owners, members, or other interested persons for errors in judgment,
negligence or otherwise, unless guilty of willful misconduct, bad faith or malicious intent. The
Association shall indemnify, defend and hold the Declarant, any member of the Board, any officer,
and any employee or agent of Declarant or the Association harmless against any liability or claims
made by any Owner, member or other interested person, unless and until it is determined that any of
them acted in bad faith, with malicious motive or engaged in willful misconduct. Should any of the
latter be determined, then the Association's responsibility as to any person so .cting shall terminate,
and if any expenses or other payments have been made pursuant hereto for the benefit of any person
who so acted, then the Association shall have a cause of action against that person for reimbursement
for all such payments.
The indemnification authorized hereby shall include payment of (i) reasonable attorney fees
or other expenses incurred in settling any action or proceeding, or threatened action or proceeding,
or incurred in any finally adjudicated legal action or proceeding, and (ii) expenses incurred in the
removal of any liens affecting any property of the indemnitee. Indemnification shall be made from
assets of the Association, and no owner shall be personally liable for any indemnitee. The limitation
on liability extended to the Declarant by this Section shall only apply to the Declarant for those
actions taken while officers of the Declarant served on the Executive Board of the Association and
carried out Association responsibilities. It is not the intent of this Section to li nit the liability of the
Declarant for any other actions of the Declarant that are not associated with activities necessary to
the operation of the Executive Board of the Association.
Section 12. Conflict. Anything to the contrary herein notwithstanding, if any provision of
this instrument is in conflict with or a contradiction of the requirements of any law, then the
requirements of said law shall be deemed controlling.
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Section 13. Interpretation. In the event that any question arises with respect to the
construction or interpretation of any of the provisions of the Bylaws or the Rules and Regulations of
the Association, the decision of the Executive Board with respect thereto shall be final and binding
upon the Association and the Owners.
DATED:
CERTIFICATION:
Certified to be the Bylaws adopted by resolution of the Directors of Coalbank Crest
Homeowners Association, dated
Secretary
S1 W p80UtB.tcCCmponte\Eyl.ww..wpd
Juw.zy 3.1000
309 PM -16-
DIF T
DECLARATION
OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
COALBANK CREST PUD
(A COMMON INTEREST COMMUNITY)
AND
COALBANK CREST
HOMEOWNERS ASSOCIATION
TABLE OF CONTENTS
PREAMBLE 1
ARTICLE I
DEFINITIONS 2
Section 1. Act 2
Section 2. Agency 2
Section 3. Architectural Design Standards 2
Section 4. Articles 2
Section 5. Annual Assessment 2
Section 6. Assessments 2
Section 7. Association 2
Section 8. Association Documents 2
Section 9. Bylaws 2
Section 10. Clerk and Recorder 3
Section 11. Common Area or Common Elements 3
Section 12. Common Expenses 3
Section 13. Declaration 3
Section 14. Executive Board 3
Section 15. First Mortgage 3
Section 16. First Mortgagee 3
Section 17. Living Unit, Dwelling Unit, Residential Unit, or Residential Home
3
Section 18. Lot 4
Section 19. Manager 4
Section 20. Map 4
Section 21. Member 4
Section 22. Mortgage 4
Section 23. Mortgagee 4
Section 24. Notice 4
Section 25. Owner 4
Section 26. Parcel 4
Section 27. Project 5
Section 28. Property 5
Section 29. Related User 5
Section 30. Single Family 5
Section 31. Successor Declarant 5
Section 32. Supplemental Declaration 5
Section 33. Supplemental Map 5
ARTICLE II 5
NAME, PROPERTY SUBJECT TO THIS DECLARATION AND ALLOCATION 5
Section 1. Name 5
Section 2. Existing Property 5
Section 3. Expansion Property 6
Section 4. Number of Residential Units 6
Section 5. Identification of Residential Units 6
Section 6. Description of Residential Units 6
Section 7. Allocation of Interests 6
ARTICLE III 6
MEMBERSHIP AND VOTING RIGHTS;
ASSOCIATION STRUCTURE AND OPERATIONS 6
Section 1. The Association 6
Section 2. Transfer of Membership 6
Section 3. Membership 7
Section 4. Voting 7
Section 5. Declarant Control 7
Section 6. Books and Records 7
Section 7. Manager 7
Section 8. Rights of Action 8
Section 9. Implied Rights and Obligations 8
Section 10. Notice 8
ARTICLE IV 8
ARCHITECTURAL REVIEW AND OTHER RESTRICTIONS 8
Section 1. Association Power 8
Section 2. Review 8
Section 3. Procedure 9
Section 4. Authority to Hire, Assess Costs, and Raise Funds 9
Section 5. Records 9
Section 6. Restrictions on Use 9
a. Land Use 9
b. No Further Subdivision 10
c. Nuisances 10
d. Temporary Structures 10
e. Accessory Buildings 10
f. Move and Set Structures 10
g. Signs 10
h. Oil, Gas, and Mining 10
i. Animals Within Subdivision. 10
j. Garbage and Refuse Disposal 11
k. Storage of Materials 11
I. Hazardous Activities 11
ii
m. Motor Vehicles, Recreational Vehicles, Disabled Vehicles, Vehicle
Storage and Repair 12
o. Clothes Lines. 12
p. Maintenance and Repair of Landscaping and Improvements 12
q. Non-Owner Occupants 13
r. Water and Sewer 13
s. No Violation of Law 14
t. Fencing 14
u. No Imperiling of Insurance 14
v. Architectural Design Standards 14
w. Owner's Obligation Upon Resale of Lot 14
x. Right to Farm Covenant 14
y. No basements shall be allowed in the project 15
ARTICLE V 15
POWERS OF THE EXECUTIVE BOARD OF THE ASSOCIATION 15
Section 1. Powers 15
ARTICLE VI 17
MECHANICS' LIENS 17
Section 1. No Liability 17
Section 2. Indemnification 17
Section 3. Association Action 17
ARTICLE VII 18
EASEMENTS 18
Section 1. Recorded Easements 18
Section 2. Utility Pavements 18
Section 3. Reservation of Easements, Exceptions and Exclui ions 18
Section 4. Use of Easement Area 18
Section 5. Emergency Access Easement 19
ARTICLE VIII 19
MAINTENANCE 19
Section 1. Maintenance by Owners 19
Section 2. Maintenance by Association 19
Section 3. Association Maintenance as Common Expense 19
ARTICLE IX 19
INSURANCE 19
Section 1. General Insurance Provisions 19
Section 2. Property and Commercial General Liability Insurance 20
a. Insurance on Common Elements 20
iii
b. Commercial General Liability Insurance 20
Section 3. Notice 21
Section 4. Common Expenses 21
Section 5. Fidelity Insurance 21
Section 6. Workers'Compensation Insurance 21
ARTICLE X 21
ASSESSMENTS 21
Section 1. Obligation 21
Section 2. Budget 21
Section 3. Annual Assessments 22
Section 4. Apportionment of Annual Assessments 22
Section 5. Special Assessments 22
Section 6. Default and Restoration Assessments 23
Section 7. Effect of Nonpayment;Assessment Lien 23
Section 8. Personal Obligation 24
Section 9. Payment by Mortgagee 24
Section 10. Statement of Status Assessment Payment 24
Section 11. Maintenance Accounts;Accounting 24
ARTICLE XI 24
CONDEMNATION 24
Section 1. Rights of Owners 24
Section 2. Partial Condemnation 25
Section 3. Complete Condemnation 25
ARTICLE XII 25
ASSOCIATION AS ATTORNEY-IN-FACT 25
Section 1. Association as Attorney-in-Fact 25
ARTICLE XIII 26
RESERVED DEVELOPMENT AND SPECIAL DECLARANT RIGHTS 26
Section 1. Reservation of Withdrawal Rights 26
Section 2. Other Reserved Rights 26
Section 3. Termination of Rights 26
Section 4. Transfer of Records 26
ARTICLE XIV 27
MORTGAGEE'S RIGHTS 27
Section 1. Distribution of Insurance or Condemnation Proceeds 27
Section 2. Right to Pay Taxes and Charges 28
Section 4. Audited Financial Statement 28
Section 5. Notice of Action 28
iv
Section 6. Action by Mortgagee 28
ARTICLE XV 29
DURATION OF COVENANTS AND AMENDMENT 29
Section 1. Term 29
Section 2. Amendment 29
Section 3. Revocation 30
ARTICLE XVI 30
ANNEXATION OF ADDITIONAL PROPERTY 30
Section 1. Annexation with Approval of Executive Board or Owners 30
Section 2. Acquisition of Common Elements 31
Section 3. Amendment. 31
Section 4. Effect 31
ARTICLE XVII 31
GENERAL PROVISIONS 31
Section 1. Restriction on Declarant Powers 31
Section 2. Covenants Run with the Land 31
Section 3. Enforcement 31
Section 4. Severability 32
Section 5. Conflicts Between Documents 32
EXHIBIT A 33
MINIMUM ARCHITECTURAL DESIGN STANDARDS FOR
RESIDENTIAL CONSTRUCTION
COALBANK CREST PUD 33
Section 1. Diversity of Architectural Styles 33
Section 2. Minimum Square Footage and Building Height 33
Section 3. Roof Pitches 33
Section 4. Exterior Elevations of Residences 33
Section 5. Residence Window and Door Placement 33
Section 6. Standards Regarding Use of Exterior Materials 33
Section 7. Color of Exterior Materials 34
Section 8. Setbacks 34
Section 9. Site Grading 34
v
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR COALBANK CREST PUD (a COMMON INTEREST COMMUNITY)
AND COALBANK CREST HOMEOWNERS ASSOCIATION
PREAMBLE
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (the
"Declaration"), made on the date hereinafter set forth by Jim Bates, hereinafter referred to as
"Declarant."
WITNESSETH :
WHEREAS, Declarant is the owner of the following described property located in the County of
Weld, State of Colorado, said property now being duly platted as the Coalbank Crest PUD,a planned
unit development of the County of Weld, State of Colorado, as such plat is now recorded in Book
,at page of the records of the Weld County Clerk and Recorder. Such property is more
particularly described as follows:
Insert legal description
WHEREAS, this Declaration is executed pursuant to and in furtherance of a common and general
plan(a)to protect and enhance the quality, value, desirability, and attractiveness of all property that
may be subject to this Declaration; and(b)to define certain duties, powers, and rights of owners of
property that may become subject to this Declaration; and
WHEREAS,Declarant for himself,his successors and assigns,hereby declares that all property herein
or hereafter made subject to this Declaration, in the manner hereinafter provided, and each part
thereof shall,from the date the same becomes subject to this Declaration,be owned,held,transferred,
conveyed, sold, leased, rented, hypothecated, encumbered, used, occupied, maintained, altered, and
improved subject to the covenants, conditions, restrictions, limitations, reservations, exceptions,
equitable servitudes, and other provisions set forth in this Declaration for the duration thereof, all of
which shall run with the title to such property and be binding upon all parties having any right, title,
or interest in said property or any part thereof and upon their heirs, personal representatives,
successors and assigns and shall inure to the benefit of each party having any such right, title, or
interest in said property or any part thereof.
NOW, THEREFORE, the Declarant with this Declaration states that the real property described in
the Preamble is and shall be held,transferred, sold,conveyed, and occupied subject to the covenants,
restrictions, and easements hereinafter set forth.
1
ARTICLE I
DEFINITIONS
The following words when used in this Declaration or any Supplemental Declaration, the
Articles of Incorporation or any Amendments thereto, and the Bylaws or any Amendments thereto,
shall have the following meanings:
Section 1. Act shall mean and refer to the Colorado Common Interest Ownership Act found
in Title 38 of the Colorado Revised Statutes.
Section 2. Agency shall mean any agency or corporation that purchases or insures residential
mortgages.
Section 3. Architectural Design Standards shall mean design standards adopted by the
Executive Board from time to time that govern the quality of workmanship, color of materials,
harmony of external design with existing structures, and location with respect to topography and
finish grade elevation and the master drainage plan and all other appearances of buildings and
structures in the Project. The Minimum Architectural Design Standards are :>et forth in Exhibit A
attached hereto. It is anticipated that the Executive Board will add to these minimum standards, and
such additions will be available from the Executive Board.
Section 4. Articles shall mean the Articles of Incorporation for Coalbank Crest Homeowners
Association,a Colorado nonprofit corporation,currently on file with the Colorado Secretary of State,
and any amendments that may be made to those Articles from time to time.
Section 5. Annual Assessment shall mean the assessment levied pursuant to an annual
budget.
Section 6. Assessments shall mean the Annual, Special and Default Assessments levied
pursuant to the terms of this Declaration. Assessments are also referred to a:> a Common Expense
Liability as defined under the Act.
Section 7. Association shall mean Coalbank Crest Homeowners Association, a Colorado
nonprofit corporation, and its successors and assigns.
Section 8. Association Documents shall mean this Declaration and any Supplemental
Declaration, the Articles of Incorporation, the Bylaws, the Map and arty procedures, rules,
regulations, Architectural Design Standards or policies adopted under such documents by the
Association.
Section 9. Bylaws shall mean the Bylaws adopted by the Association, as amended from time
to time.
2
Section 10. (Jerk and Recorder shall mean the office of the Cleric and Recorder in the
County of Weld, State of Colorado.
Section 11. Common Area or Common Elements shall mean and refs to the following real
property:
insert legal description of common area
Common Area or Common Elements shall also mean and refer to any and all personal
property and improvements owned or leased by the Association and shall include,by way of example
but without limitation, any exterior signage which identifies the subdivision, exterior lighting,
sprinkler systems, recreation equipment, and any other personal property owned by the Association.
The Common Area is to be devoted to the common use and enjoyment of the Owners(subject to the
provisions hereof) and are not dedicated for use by the general public except as indicated on the
subdivision plat and the real estate records of the Clerk and Recorder of Weld County, Colorado.
The definition of Common Area shall expressly exclude any public streets or alleys as shown on the
subdivision plat identified above. Common Area shall be owned by the Association. In no event shall
the Common Area fail to be transferred to the Association on a date which is not later than sixty(60)
days after the completion of the transfer of all lots from the Declarant or the Declarant's successors
and assigns to third party purchasers.
Section 12. Common Expenses shall mean(i)all expenses expressly declared t:o be common
'expenses by this Declaration or by the Bylaws of the Association; (ii) all other expenses of
administering, servicing, conserving, managing, maintaining, repairing or replacing the Common
Elements;(iii)insurance premiums for the insurance required or permitted under this Declaration;and
(iv) all expenses lawfully determined to be Common Expenses by the Executive Board.
Section 13. Declaration shall mean this Declaration and the Map and amendments and
supplements to the foregoing.
Section 14. Executive Board shall mean the governing body of the Association.
Section 15. First Mortgage shall mean any Mortgage that is not subje;t to any monetary lien
or encumbrance except liens for taxes or other liens that are given priority by statute.
Section 16. First Mortgagee shall mean any person named as a mortgagee or beneficiary in
any First Mortgage, or any successor to the interest of any such person under such First Mortgage.
Section 17. Living Unit, Dwelling Unit,Residential Unit,or Residential Home shall mean
and refer to any structures situated upon the properties designed and intended for use and occupancy
as a residence by a single family.
3
Section 18. Lot shall mean and refer to any numbered area of land shown as such upon any
recorded final filing plat required by the County of Weld, Colorado, with the exception of Common
Area as heretofore defined. Lot shall also mean a "Unit" as defined in C.R.S. 38-33.3-103 as
originally enacted or subsequently amended.
Section 19. Manager shall mean a person or entity engaged by the Association to perform
certain duties, powers or functions of the Association, as the Executive Board may authorize from
time to time.
Section 20. Map shall mean all final Plats of the subdivided Parcels recorded with the Clerk
and Recorder depicting a plan and elevation schedule of the Property subject to this Declaration and
any supplements and amendments thereto.
Section 21. Member shall mean and refer to the person designated as such pursuant to the
terms of this Declaration.
Section 22. Mortgage shall mean any Mortgage, deed of trust or other document pledging
any Residential Unit or interest therein as security for payment of a debt or obligation.
Section 23. Mortgagee shall mean any person named as a Mortgagee or beneficiary in any
Mortgage, or any successor to the interest of any such person under such Mortgage.
Section 24. Notice shall mean and refer to (i)written notice delivered personally or mailed
to the last known address of the intended recipient, or(ii)notice through an Association publication
which is delivered to the residential homes, or(iii)notice delivered by electro vc mail or facsimile to
any Owner. "Notice to Mortgagee" shall mean and refer to only written notice delivered personally
or mailed to the last know address of the intended recipient and not notice through an Association
publication.
Section 25. Owner shall mean any person, corporation, partnership, association, contract
seller or other legal entity or any combination thereof, including Declarant, who owns the record fee
simple interest in a portion of one or more lots and shall include the purchaser under any executory
land sales contract wherein the Administrator of Veteran's Affairs is seller, whether or not recorded,
and whether owned by said Administrator or his assigns. The term Owner shall include any grantee,
transferee, heir, successor, personal representative, executor, administrator, devisee, and assign of
any Owner but shall not refer to any mortgagee as herein defined or other perr1on or entity having an
ownership interest in any portion of a lot merely as security for the performance of an obligation,
unless such mortgagee has acquired title pursuant to foreclosure or any proceeding in lieu of
foreclosure.
Section 26. Parcel shall mean each platted, numbered and recorded division of vacant land
as depicted on the Map.
4
Section 27. Project shall mean the common interest community created by this Declaration
and as shown on the Map, consisting of the Property and the Common Area.
Section 28. Property shall mean the real property described in the Preamble, together with
such additional property as is subsequently subjected to this Declaration in accordance with the
provisions set forth herein below.
Section 29. Related User shall mean any member of the family of an Owner who resides with
such Owner, guests and invitees of an Owner, employees and agents of an Owner, and occupants,
tenants and contract purchasers residing in a residential home of an Owner who claimed by, or
through an Owner.
Section 30. Single Family shall have the same meaning as that term is defined in the Zoning
Ordinance of the City of Greeley, County of Weld, Colorado, as of the date of the recording of this
Declaration or as amended in the future by the governing body of the City of Greeley, County of
Weld, Colorado.
Section 31. Successor Declarant shall mean any person or entity to whom Declarant assigns
any or all of his rights, obligations or interest as Declarant, as evidenced by an assignment or deed
of record executed by both Declarant and the transferee or assignee and recorded with the Clerk and
Recorder.
Section 32. Supplemental Declaration shall mean an instrument which annexes property to
this Declaration.
Section 33. Supplemental Map shall mean a Supplemental Map of the Project which depicts
any change in the Project through a Supplemental Declaration. The initial phase recordings are not
supplemental and do not require amendment to this document.
ARTICLE H
NAME. PROPERTY SUBJECT TO THIS DECLARATION AND ALLOCATION
Section 1. Name. The name of the Project is Coalbank Crest PUD. The Project is a
common interest community pursuant to the Act.
Section 2. Existing Property. The real property which is and shall be held,transferred, sold,
conveyed and occupied subject to this Declaration is located in the County of Weld, Colorado, and
is more particularly described in the Preamble of this Declaration for the Coalbank Crest PUD in the
County of Weld, Colorado.
5
Section 3. Expansion Property. The real property which is and shall be held, transferred,
sold, conveyed, and occupied subject to this Declaration may be expanded only as specifically
provided in this Declaration.
Section 4.Number of Residential Units. The maximum number of Residential Units in the
Project is five(5), exclusive of the additional Residential Units that may be created pursuant to the
terms of this Declaration.
Section 5.Identification of Residential Units. The identification number of each Residential
Unit is shown on the Map.
Section 6. Description of Residential Units. Each Residential Unit presently consists of
surveyed and platted undeveloped vacant land.
Section 7. Allocation of Interests. The common expense liability and voting in the
Association are allocated to each Lot as follows:
a. The percentage of liability for Common Expenses shall be determined by using a
formula in which the numerator is one(1)and the denominator is the total number of
Lots subject to this original Declaration, or subject to this Declaration by
supplemental expansion, or any additional number of Lots approved by the County
of Weld; and
b. The number of votes in the Association is determined on the basis of one (1) vote
being allocated to each Lot Owner as determined by the total number of Lots that
have been submitted to this original Declaration or a subsequent amendment of this
Declaration and which are shown on a subdivision plat required by the County of
Weld and recorded with the Clerk and Recorder.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS:
ASSOCIATION STRUCTURE AND OPERATIONS
Section 1. The Association. Every Owner of a Residential Unit shill be a Member of the
Association. Membership shall be appurtenant to and may not be separated from ownership of a
Residential Unit.
Section 2. Transfer of Membership. An Owner shall not transfer, pledge or alienate his
membership in the Association in any way, except upon the sale or encumbrance of his Residential
Unit and then only to the purchaser or Mortgagee of his Residential Unit. The:Association shall not
create a right of first refusal on any Residential Unit and Owners may transfer ownership of their
Residential Units free from any such right.
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Section 3. Membership. The Association shall have one class of membership consisting of
all Owners,including the Declarant so long as Declarant continues to own an:interest in a Residential
Unit.Except as otherwise provided for in the Association Documents,each Member shall be entitled
to vote in Association matters as set forth in this Declaration and the Bylaws.Each Owner, including
Declarant while Declarant owns any Residential Unit, is subject to all the rights and duties assigned
to Owners under the Association Documents.
Section 4. Voting. There shall be one vote per Residential Unii:, except as otherwise
provided in the Association Documents during the period of Declarant Control.
a. The Owner(s) of each Residential Unit shall have one vote per Parcel owned.
b. If only one of several Owners of a Residential Unit is present at a meeting of the
Association, the Owner present is entitled to cast all the votes allocated to the
Residential Unit. If more than one of the Owners are present. the votes allocated to
the Residential Unit may be cast only in accordance with the agreement of a majority
in interest of the Owners. There is majority agreement if any o[le of the Owners casts
the votes allocated to the Residential Unit without protest being made promptly to the
person presiding over the meeting by another Owner of the Residential Unit.
Section 5. Declarant Control. Declarant shall be entitled to appoint and remove the
members of the Association' s Executive Board and officers of the Association to the fullest extent
permitted under the Act and as set forth in the Association Documents. The s,ecific restrictions and
procedures governing the exercise of Declarant's right to so appoint and remove Directors and
officers are set out in the Articles and Bylaws of the Association. Declarant may voluntarily
relinquish such power by recording a notice executed by Declarant with the Clerk and Recorder but,
in such event, Declarant may at his option require that specified actions of :he Association or the
Executive Board as described in the recorded notice, during the period Declarant would otherwise
be entitled to appoint and remove directors and officers, be approved by Declarant before they
become effective.
Section 6. Books and Records. The Association shall make available for inspection, upon
request, during normal business hours or under other reasonable circumstan;es, to Owners and to
Mortgagees, current copies of the Association Documents and the books, records and financial
statements of the Association prepared pursuant to the Bylaws. The Association may charge a
reasonable fee for copying such materials.
Section 7. Manager. The Association may employ or contract for the services of a Manager
to whom the Executive Board may delegate certain powers, functions or duties of the Association,
as provided in the Bylaws of the Association. The Manager shall not have the authority to make
expenditures except upon prior approval and direction by the Executive Board.
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Section S. Rights of Action. The Association on behalf of itself and any aggrieved Owner,
shall be granted a right of action against any and all Owners for failure to comply with the provisions
of the Association Documents, or with decisions of the Executive Board made pursuant to authority
granted to the Association in the Association Documents. The Owners shall have a right of action
against the Association for failure to comply with the provisions of the Association Documents, or
with decisions of the Executive Board made pursuant to authority granted to the Association in the
Association Documents. In any action covered by this section, the Association or any Owner shall
have the right but not the obligation to enforce the Association Documents by any proceeding at law
or in equity, or as set forth in the Association Documents, or by mediation or binding arbitration if
the parties so agree. The prevailing party in any arbitration or judicial relief shall be entitled to
reimbursement from the non-prevailing party or parties, for all reasonable costs and expenses,
including attorney fees in connection with such arbitration or judicial relief. Failure by the
Association or by any Owner to enforce compliance with any provision of the Association Documents
shall not be deemed a waiver of the right to enforce any provision thereafter.
Section 9. Implied Rights and Obligations. The Association may exercise any right or
privilege expressly granted to the Association in the Association Documents, by the Act, and by the
Colorado Nonprofit Corporation Act.
Section 10. Notice. Any notice to an Owner of matters affecting the Project by the
Association or by another Owner shall be sufficiently given if in writing and delivered personally, by
courier or private service delivery,or on the third business day after deposit in the mails for registered
or certified mail, return receipt requested, at the address of record for real property tax assessment
notices with respect to that Owner's Residential Unit.
ARTICLE IV
ARCHITECTURAL REVIEW AND OTHER RESTRICTIDNS
Section 1.Association Power. The Association shall have the right and power to prohibit
any activities deemed unsafe,unsightly, unreasonably noisy or otherwise offensive to the senses and
perceptible from another Residential Unit or the Common Area, if any by promulgating Rules and
Regulations which restrict or prohibit such activities. The Association through its Executive Board
has the power to regulate the improvement of any Lot or Residential Unit in the Project.
Section 2. Review. No buildings, structures, modifications, alterations or additions to the
Residential Units, including, but not limited to fences and/or landscaping, shall be made unless first
approved in writing by the Executive Board.The Executive Board shall exercise reasonable judgment
to the end that all buildings,structures,modifications,alterations or additions to the Residential Units
conform to and harmonize with existing surroundings and structures. The Executive Board has the
absolute right to deny any requested buildings, structures, modifications, alterations, or additions
which the Executive Board reasonably determines do not conform to and harmonize with existing
surroundings and structures. The Executive Board may delegate its responsibilities as stated herein
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to an Architectural Review Committee which should consist of at least one (1) Executive Board
Member. Decisions by this Committee may be appealed to the full Executive Board within thirty(:30)
days of said decision.
Section 3. Procedure. The Executive Board's approval or disapproval as required in these
covenants shall be in writing. In the event the Executive Board fails to approve or disapprove within
thirty (30)calendar days after complete plans and specifications have been submitted to it, approval
will not be required and the related covenants shall be deemed to have been complied with. The
following minimum items shall be required to be submitted before the Executive Board is required
to act (in addition to other items which the Executive Board deems necessary or advisable for it to
act under the circumstances):
a. Site plan.
b. Complete construction plans.
c. Specifications,including color schemes and material samples for the building,
addition or alteration.
d. Soils report prepared by an engineer.
e. Payment in full of all anticipated costs under the following Section.
Section 4. Authority to Hire,Assess Costs,and Raise Funds. The Executive Board has the
authority to hire or retain such professional or other persons as it deems necessary for the purposes
described herein. The Executive Board shall also have the power to require the Owner submitting
matters to it for approval to pay reasonably necessary costs of the submission prior to their review
and as a necessary condition thereof. My excess funds shall be returned, but the submitting Owner
shall remain liable to pay any additional expense(s)if prepayment is insufficient The Executive Board
may raise and manage such funds under the authority and procedures prescribed in the Association
Documents.
Section 5. Records. The Executive Board shall maintain written records of all applications
submitted to it and all actions taken thereon.
Section 6.Restrictions on Use. Use and enjoyment of each Residential Unit shall be subject
to the following restrictions and such additional restrictions as the Executive B card may propose and
are accepted by the Owners by a vote of four-fifths (4/5) of the majority of all Owners:
a. Land Use. No Residential Unit or portion thereof shall be used for any purpose other
than Single Family residences as prescribed by the County c)f Weld under Estate
zoning ordinances.
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b. No Further Subdivision. No Residential Unit or Residence shall be further
subdivided or separated into smaller Residential Units or Dwelling Units by any
Owner and no portion less than all of any such Residential Unit or Dwelling Unit, nor
any easement or other interest therein, shall be conveyed or transferred by an Owner,
provided that this shall not prohibit deeds of correction, deeds to resolve boundary
line disputes, and similar corrective instruments.
c. Nuisances. No noxious or offensive activity shall be carried on upon any Residential
Unit, nor shall any thing be done thereon which may become an annoyance to the
neighborhood. No annoying light, sound, or odor shall be emitted from any
Residential Unit onto any adjacent Residential Unit(s) which can be considered
offensive or intrusive to adjacent Residential Unit Owners or occupants.
d. Temporary Structures. No structures of a temporary character such as trailers,
mobile homes, tents, shacks, garages, barns or other out buildings shall be used on
any Residential Unit at any time as a residence either temporarily or permanently.
e. Accessory Buildings. Only one accessory building, storage barn, shed or other
accessory structure shall be constructed or moved onto any Residential Unit.. The
design,location and appearance of said structure must be approved by the Executive
Board.
f. Move and Set Structures. All structures within the Project shall be new
construction and no previously erected building, structure, or improvement shall be
moved and set upon any Residential Unit from any other location. Exceptions may be
made for prefabricated storage buildings with written approval of the Executive
Board.
g. Signs. No sign of any kind shall be displayed to the public vim on any Residential
Unit except one professional sign of not more than one square foot, or one sign of not
more than five square feet advertising the property for sale or for rent, or signs used
by a builder to advertise the property during the construction or sales period.
h. Oil, Gas, and Mining. No oil drilling, oil development operations, oil refining,
quarrying or mining operations of any kind shall be permitted upon, in or under any
Residential Unit. Nor shall any oil wells,tanks, tunnels, minera excavations or shafts
be permitted upon any Residential Unit. No derrick or other structures designed for
use in boring for oil or natural gas shall be erected, maintained or permitted on any
Residential Unit.
i Animals Within Subdivision. No dangerous animals shall be kept or harbored
within the Subdivision. Each Owner may keep on his or her Lot a reasonable number
of household pets subject to existing ordinances for the County of Weld, Colorado.
Any such household pet shall be kept in the interior of any residential home or the
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interior of any fenced Lot within the Subdivision. It shall be the obligation of each
Owner owning a pet to control it in accordance with the existing ordinances of the
County of Weld, State of Colorado. It shall be the responsibility of each Lot Owner
to maintain any Lot used in any manner by any pet in such a way as to avoid any noise
or odor or nuisance to any other Owner within the Subdivision. Livestock may be
kept and harbored on any Lot within the Subdivision subject to the existing
ordinances of the County of Weld, State of Colorado. For purposes of this
paragraph,livestock shall be defined as: cattle,bison,mules,burros,llamas, ostriches,
elk, horses, swine, sheep, goats, poultry, and rabbits. The number of livestock
allowed on any Lot within the Subdivision shall be limited by the bulk requirements
within the Estate zoning as the same is defined in the Weld County zoning ordinance.
j. Garbage and Refuse Disposal. No Residential Unit shall be used or maintained as
a dumping ground for rubbish,trash,or garbage. Trash, garbage, or other waste shall
not be kept except in sanitary and secure containers. All containers shall be kept in a
clean and sanitary condition and shall not be kept in public view except during the
scheduled day of pick up.
k. Storage of Materials:
(i.) No occupant or Owner of any Residential Unit shall store or permit to be
stored or to accumulate, upon any Residential Unit, any debris, any piles of
manure, piles of dirt, machinery or equipment or any part thereof, old or
rusted pieces of metal, rubber or any type of junk, or other miscellaneous
items unless concealed from public and neighbor views within an enclosed
structure.
(ii.) Storage ofbuilding materials is permitted only to facilitate continuous building
projects in progress. Residential Unit Owners shall supervise and assure
secure storage of all building materials during construct ion to prevent damage
to other structures or littering throughout neighborhood as a result of heavy
winds.
(iii.) No tanks for the storage of gas, fuel, oil or other flammable materials shall be
erected, placed, or permitted above or below the surface of any Residential
Unit in violation of the uniform fire code as adopted by the Eaton Fire
Protection District. Any firewood pile shall be screened and located within the
confines of a privacy fence.
Hazardous Activities. No activities shall be conducted on any Residential Unit
which are or might be unsafe or hazardous to any person or any property.No firearms
shall be discharged upon any Residential. Unit and no open fires shall be lighted or
permitted on any Residential Unit except in a contained barbecue unit while attended
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and in use for cooking purposes or within an interior approved fireplace. Burning of
leaves and weeds shall be allowed consistent with Weld County Burning Regulations.
The storage of any type of explosive devices, compounds, chemicals, or materials is
prohibited.
m. Motor Vehicles, Recreational Vehicles,Disabled Vehicles, Vehicle Storage and
Repair. No boat,trailer,house trailer,camper,tractor-trailer or semi-truck,motor
home, or recreational vehicle shall be stored on any street within the Project. No
disabled vehicles shall be allowed to remain on the street, driveway or other parking
area which may be seen from the view of adjacent properti L. No grease or oil or
other unsightly fluids shall be permitted to accumulate in any driveway, sidewalk or
street area.
n. Home Occupations/Businesses. The conduct of a home occupation or business
within a residence shall be permitted provided that the following requirements are
met:
Home occupations or businesses must be conducted inside the residence or
outbuilding and shall not occupy more than fifteen percent (15%) of the total floor
area of the residence. Home occupations or businesses must be conducted only by
the residents of said dwelling with no nonresidents employed. Signage shall not
exceed that permitted in this Declaration. No retail sales shall be conducted on the
Residential Unit or in public view. Home occupations or businesses must be
conducted within the scope of the zoning ordinances of the County of Weld.
Customer visits must be limited to an occasional frequency. Customer parking must
be in the driveway or immediately in front of residence. There shall be no evidence
of a home occupation or business from the outside of the residence.
o. Clothes Lines. Clothes lines shall be prohibited in any front or side yard.
p. Maintenance and Repair of Landscaping and Improvements:
(i.) Each Owner shall provide prudent and regular exterior maintenance upon
each Residential Unit including painting, repairs and or replacement of roofs,
gutters,downspouts,exterior building surfaces,trees, shrubs,grass and other
landscaping, walks, driveways, and other surfaces, and all other exterior
improvements to maintain the value of said property. Owners shall comply
with mandatory landscaping requirements as called out in the Architectural
Design Standards adopted by and available from the Exe;.utive Board. Owners
benefiting from fencing and other improvements immed;ately adjacent to their
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property, but installed by Declarant, are solely responsible for any and all
maintenance and repairs with the exception of utility improvements in ease-
ments owned and maintained by public utilities. Residential Unit Owners shall
not allow weeds or other unsightly vegetation on unimproved areas of their
lot.
(ii.) Exterior landscaping of any Lot shall be designed to be compatible with other
Lots within the Subdivision. No landscaping shall be initiated until a
landscaping plan has been submitted to and approved by the Executive Board.
Any landscaping for Lots on which a residence has been occupied between
January 1 and August 30 of any year shall be complet d by December 31 of
that same year. If the residence is occupied after August 30 in any year, the
Lot shall be landscaped by May 31 of the next year. The Owners of any Lot
upon which no Single-Family residence has been con'tructed shall have an
affirmative obligation to manage and control any weed growth upon said Lot.
All weeds on any Lot within the Subdivision shall be cut on a regular basis in
order to keep the height of said weeds below twelve(12) inches.
(iii.) Failure to maintain: In the event an Owner of any Residential Unit in the
Project shall fail to complete or maintain the premises and the improvements
thereon as provided herein, The Association shall have the right to enter upon
said Residential Unit to correct drainage, and to repair. maintain, and restore
deficiencies that have not been corrected within thirty (30) days of duly
written notice. All costs related to such correction,repair, or restorations shall
become a Restoration Assessment upon such Residential Unit and shall be
paid by the Owner to the Association. Any amounts unpaid within thirty(30)
days of final billing may be attached to the said Residential Unit as a lien
recorded with Clerk and Recorder of Weld County. Nothing herein shall
relieve the delinquent Owner of said Residential Unit from any additional
remedies at law as prescribed in other provisions withn these covenants.
q. Non-Owner Occupants. All covenants, restrictions, rules, regulations, and
provisions of these covenants shall be binding to non-owner occupants without
exception. Property Owners who lease their property shall he required to furnish
copies of these covenants along with a written lease referencing these same covenants;
leasing or being absent from the property shall not release )roperty Owner from
liabilities and responsibilities described herein.
r. Water and Sewer. No individual water supply system or sewage disposal system
shall be permitted on any Residential Unit unless it is in compliance with all state and
county health regulations. All dwellings must attach to a public water source. Leach
fields must be designed by a licensed engineer. Space for two septic systems must be
reserved and maintained by each lot owner.
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s. No Violation of Law. Nothing shall be done or kept in or on any portion of the
Project by a Residential Unit Owner or Occupant which would be in violation of any
statute, rule, ordinance, regulation, permit or validly imposed requirement of any
governmental body having jurisdiction over the Project.
t. Fencing. No fencing of any type shall be constructed by any Lot Owner on any Lot
within the Project without prior approval in writing by the Executive Board. No
chain-link fencing shall be allowed unless it is accompanied by some screening
material which has been specifically approved by the Executive Board in writing.
u. No Imperiling of Insurance. Nothing shall be done or kept n or on any portion of
the Project which might result in an increase in the premiums with respect to
insurance obtained for all or any portion of the Project or which might cause
cancellation of such insurance, except with the prior written consent of the Executive
Board.
v. Architectural Design Standards. The minimum architectural design standards for
the Project are set forth in Exhibit A attached hereto and made a part hereof The
Executive Board has the power and authority to make additional requirements for any
residential construction or reconstruction within the Project. The minimum standards
set forth in Exhibit A cannot be altered except by amendment of this Declaration
pursuant to the requirements set forth herein. But, the Executive Board may
supplement and interpret the standards in Exhibit A so long as the supplement: or
interpretation does not make the standards less restrictive.
w. Owner's Obligation Upon Resale of Lot. The deed or instrument transferring title
to any Residential Unit shall contain a provision incorporating by reference the
Covenants, Conditions and Restrictions set forth in this Declaration, as well as any
Supplemental Declarations.
z Right to Farm Covenant.
(i.) Weld County is one of the most productive agricultura counties in the United
States. 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 there are drawbacks, including conflicr:s with longstanding
agricultural practices and a lower level of services than in town.
(ii.) Agricultural users of the land should not be expected to change their
long-established agricultural practices to accommod ate the intrusions of
urban users into a rural area. Well run agricultural activities will
generate off-site impacts, including noise from tractors and equipment;dust
from animal pens, field work, harvest, and gravel roads; odor from animal
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confinement, silage, and manure; smoke from ditch burning; flies and
mosquitos;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 t efficient delivery of
irrigation to fields that is essential to farm production.
(iii.) Weld County covers a land area of over Four Thousand(4,000) square miles
in size(twice the State of Delaware)with more than Three Thousand Seven
Hundred (3,700) miles of state and county roads outside of municipalities.
The sheer magnitude of the area to be served stretches available resources.
Law enforcement is based on responses to complaints more than on patrols
of the county,and the distances that must be traveled m,ty 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.
(iv.) Children are exposed to different hazards in the cowry than in an urban or
suburban setting. Farm equipment and oil field equipment, ponds and
irrigation ditches,electrical power for pumps and center pivot operations,high
speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock
present real threats to children. Controlling children's activities is important,
not only for their safety, but also for the protection of t he farmer's livelihood.
(v.) Parents must be responsible for their children.
y. No basements shall be allowed in the project. Foundations must be designed by
a licenced engineer and must include a perimeter drain designed to remove water from
around the foundation.
ARTICLE V
POWERS OF THE EXECUTIVE BOARD OF THE ASSOCIATION
Section 1. Powers. Except as provided in the Bylaws and the Act,the Executive Board may
act in all instances on behalf of the Association, to:
a. Adopt and amend bylaws and rules and regulations and Architectural Design
Standards;
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b. Adopt and amend budgets or revenues, expenditures and reserves and collect
Assessments;
c. Hire and terminate managing agents and other employees, agents and independent
contractors;
d. Institute, defend or intervene in litigation or administrative proceedings in its own
name on behalf of itself or two or more Owners on matters affecting the Project;
e. Make contracts and incur liabilities;
f. Regulate the use, maintenance, repair, replacement and modification of Common
Elements, if any;
g. Cause additional improvements to be made as a part of the Common Elements, if any;
h. Acquire, hold, encumber and convey in the name of the Association any right, title or
interest to real or personal property, except that Common Elements, if any, may be
conveyed or subjected to a security interest only if Members entitled to cast at least
eighty percent(80%)of the votes agree to that action and if all Owners of Residential
Units to which any Limited Common Element is allocated agree in order to convey
that Limited Common Element or subject it to a security interest;
i. Grant easements, leases, licenses and concessions through or over the Common
Elements, if any;
j. Annex additional property, pursuant to the terms of this Declaration, which does not
result in an increase in Annual Assessments of more than ten percent (10%) per
Owner;
k. Impose and receive any payments, fees or charges for the use, rental or operation of
the General Common Elements, if any;
I. Impose charges for late payment of Assessments,recover reasonable attorney fees and
other legal costs for collection of Assessments and other actions to enforce the power
of the Association,regardless of whether or not suit was initiated, and after notice and
opportunity to be heard, levy reasonable fines for violations of the Association
Documents;
m. Impose reasonable charges for the preparation and recordation of amendments to the
Declaration or statements of unpaid Assessments;
n. Provide for the indemnification of its officers and Executive Board and maintain
directors' and officers'liability insurance;
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o. Assign its right to future income, including the right to receive Assessments;
P. Exercise any other powers conferred by the Declaration or A:sociation Bylaws;
q. Exercise all other powers that may be exercised in this state by legal entities of the
same type as the Association; and
r. Exercise any other powers necessary and proper for the goverrance and operation of
the Association.
ARTICLE V1
MECHANICS' LIENS
Section 1. No Liability. If any Owner shall cause any material to be furnished to his
Residential Unit or any labor to be performed therein or thereon, no Owner of any other Residential
Unit shall under any circumstances be liable for the payment of any expense incurred or for the value
of any work done or material furnished. MI such work shall be at the expense of the Owner causing
it to be done, and such Owner shall be solely responsible to contractors, laborers, materialmen and
other persons furnishing labor or materials to his Residential Unit.
Section 2. Indemnification. If, because of any act or omission of any Owner, any
mechanic's or other lien or order for the payment of money shall be filed against the Common
Elements, if any, or the Association (whether or not such lien or order is valid or enforceable as
such), the Owner whose act or omission forms the basis for such lien or order shall at his own cost
and expense cause the same to be canceled and discharged of record or bonded by a surety company
reasonably acceptable to the Association,or to such other Owner or Owners,within twenty(20)days
after the date of filing thereof, and further shall indemnify and hold all the other Owners and the
Association harmless from and against any and all costs, expenses, claims, losses or damages
including, without limitation, reasonable attorney fees resulting therefrom.
Section 3. Association Action. Labor performed or materials furnished for the Common
Elements, if any, if duly authorized by the Association in accordance with this Declaration or its
Bylaws, shall be the basis for the filing of a lien pursuant to law against the Common Elements, if any.
Any such lien shall be limited to the Common Elements, if any, and no lien may be effected against
an individual Residential Unit or Units.
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ARTICLE VII
EASEMENTS
Section 1. Recorded Easements. The Property shall be subject to all easements as shown
on any Map or plat, those of record, those provided in the Act (including easements for en-
croachment set forth in Section 214 of the Act and an easement for maintenance of any such
encroachment), and otherwise as set forth in this Article .
Section 2. Utility Easements. There is hereby created an easement as denoted on the Map
for ingress and egress,installation, replacing,repairing and maintaining all utilities,including,but not
limited to, water, sewer, gas, telephone, cable TV, electricity, drainage and fences. Said easement
includes future utility services not presently available to the Residential Units which may reasonably
be required in the future. By virtue of this easement, it shall be expressly permissible for the
companies providing utilities to erect and maintain the necessary equipment on any of the Residential
Units and to affix and maintain electrical and/or telephone wires, circuits and conduits on, above,
across and under the roofs and exterior walls of the improvements,all in a manner customary for such
companies in the area surrounding the Property, subject to approval by the Association as to
locations.
Section 3. Reservation of Easements, Exceptions and Exclusions. The Association is
hereby granted the right to establish from time to time, by declaration or otherwise, utility and other
easements, permits or licenses over the Common Elements, if any, for the best interest of all the
Owners and the Association.Each Owner is hereby granted a perpetual non-exclusive right of ingress
to and egress from the Owner's Residential Unit over and across the Common Elements appurtenant
to that Owner's Residential Unit, which right shall be appurtenant to the Owner's Residential Unit,
and which right shall be subject to limited and reasonable restriction on the use ofCommon Elements,
if any, set forth in writing by the Association.
Section 4. Use of Easement Area. Within reserved easements, as shown on recorded plats,
or herein reserved,there shall be no structure,tree or shrub planting,or any other material installation
which may damage or interfere with the installation or maintenance of utilities such as plumbed gas
or water lines,wired electrical,cable television,or telephone utility lines.Residential Unit Owner shall
not alter, inhibit, or change the direction of water flow in drainage channels established in said
easements or in any way that discharges drainage onto adjacent Residential Units. The easement area
of each Residential Unit and all improvements in it,including fences,shall be maintained continuously
in good repair by the Owner of said Residential Unit, except for those improvements for which a
public utility shall be responsible for. It shall be the responsibility of the Residential Unit Owner to
notify with due speed the appropriate public utility of any known flaws, defects, or damage to any
utility improvements on said Owners Residential Unit. Fencing shall be allowed in easement areas
only as approved by the Executive Board.
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Section 5. Emergency Access Easement. A general easement is hereby granted to all police,
sheriff,fire protection, ambulance and other similar emergency agencies or persons to enter upon the
Property in the proper performance of their duties.
ARTICLE VIII
MAINTENANCE
Section 1. Maintenance by Owners. Each Owner shall maintain and keep in repair his
Residential Unit, landscaping, and any structures or buildings thereon, including the fixtures thereof
to the extent current repair shall be necessary in order to avoid damaging other Owners and to
maintain a good appearance for the Project.
Section 2. Maintenance by Association. The Association shall 3e responsible for the
maintenance and repair of the Common Elements, (unless necessitated by damage caused by the
negligence,misuse or tortuous act of an Owner or Owner's Agent,in which case the person or Owner
causing the damage shall be responsible)including any drainage structure or facilities and any fences
constructed by Declarant within the utility easement reserved herein for Residential Units with
perimeter Residential Unit lines, and such maintenance and repair shall be the Common Expense of
all Owners. This maintenance of the Common Elements shall include, but shall not be limited to,
upkeep, repair and replacement, subject to any insurance then in effect, of all landscaping, walls,
fences, gates, signage, irrigation systems, and improvements located in the Common Elements, if
any. In the event the Association does not maintain or repair the Common Elements,if any,Declarant
shall have the right, but not the obligation, to do so at the expense of the Association. The common
elements shall include the drainage ditch adjacent to the street right-of-way whether or not the
Association or Weld County has responsibility for maintaining said street.
Section 3. Association Maintenance as Common Expense. The cost of maintenance and
repair by the Association shall be a Common Expense of all of the Owners, to be shared by each
Owner equally.
ARTICLE IX
INSURANCE
Section 1. General Insurance Provisions. The Association shall acquire and pay for, out
of the Assessments levied in accordance with this Declaration, any insurance policies required by the
Colorado Common Interest Owners Act and such other Insurance as the Executive Board may,within
its discretion,determine desirable for the protection of the Common Elements,if any. Such insurance
required by this Article or the Colorado Common Interest Owners Act shall conform to the
requirements set forth in C.R.S. 38-33.3-313(4)(a)-(d)which are as follows:
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a. Each Residential Unit Owner is an insured person under the policy with respect to
liability arising out of such Residential Unit Owner's interest in the Common Elements
or membership in the Association.
b. The insurer waives its rights to subrogation under the policy against any Residential
Unit Owner or member of his household.
c. No act or omission by any Residential Unit Owner, unless acting within the scope of
such Residential Unit Owner's authority on behalf of the Association, will void the
policy or be a condition to recovery under the policy.
d. If, at the time of a loss under the policy, there is other insurance in the name of a
Residential Unit Owner covering the same risk covered by the policy, the
Association's policy provides primary insurance.
An insurance policy issued to the Association does not obviate the need for Owners to obtain
insurance for their own benefit.
Section 2. Property and Commercial General Liability Insurance. Commencing not later
than the time of the first conveyance of a Lot to a person other than Declarant, the Association shall
maintain, to the extent reasonably available:
a. Insurance on Common Elements. Property insurance on the Common Elements and
also on property that must become Common Elements for broad form covered causes
of loss, except that the total amount of insurance must be not less than the full
insurable replacement cost of the insured property less applicable deductibles at the
time the insurance is purchased and at each renewal date, exclusive of land,
excavations, foundations, and other items normally excluded from property policies.
b. Commercial General Liability Insurance. Commercial general liability insurance in
a minimum amount of$1,000,000.00 or otherwise larger amount deemed sufficient
in the judgment of the Executive Board against claims and liabilities arising in
connection with the ownership, existence, use or management of the Common
Elements, insuring the Executive Board,the Association,the management agent, and
their respective employees, agents, and all persons acting as agents. The Declarant
shall be included as an additional insured in such Declarant's capacity as the
Residential Unit Owner and board member. The Residential Unit Owners shall be
included as additional insureds but only for claims and liabilities arising in connection
with the ownership, existence,use, or management of the Common Elements and, in
cooperatives, also of all units. The insurance shall cover claims of one or more
insured parties against other insured parties.
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Section 3. Notice. If any insurance required by this Article is not reasonably available, or
if any policy of such insurance is canceled or not renewed without a replacement policy therefore
having been obtained, the Association promptly shall cause notice of that fact to be hand delivered
or sent prepaid by United States mail to all Residential Unit Owners.
Section 4. Common Expenses. Premiums for insurance that the Association acquires and
other expenses connected with acquiring such insurance are Common Expenses.
Section 5. Fidelity Insurance. Fidelity insurance or fidelity bonds must be maintained by
the Association to protect against dishonest acts on the part of its officers, directors, trustees,
independent contractors and employees and on the part of all others including any manager hired by
the Association, who handle or are responsible for handling the funds belonging to or administered
by the Association. In addition, if responsibility for handling funds is delegated to a Manager, such
insurance must be obtained by or for the Manager and its officers, employees and agents, as
applicable. Such fidelity insurance or bond shall name the Association as insured and shall contain
waivers of all defenses based upon the exclusion of persons serving without compensation from the
definition of"employees" or similar terms or expressions. Such fidelity bonds shall be a minimum of
an amount equal to three (3) months' Assessments plus replacement reserve>.
Section 6. Workers'Compensation Insurance. The Executive Board shall obtain workers'
compensation or similar insurance with respect to its employees, if applicable, in the amounts and
forms as may now or hereafter be required by law.
ARTICLE X
ASSESSMENTS
Section 1. Obligation. Each Owner,including Declarant while an Owner of any Residential
Unit,is obligated to pay to the Association(i)the Annual Assessments;(ii)Special Assessments; (di)
Default Assessments; and (iv)Restoration Assessments.
Section 2. Budget. Within thirty (30) days after the adoption of an,y proposed budget for
the Association by the Executive Board pursuant to the terms of the Bylaws, the Executive Board
shall mail,by ordinary first-class mail, or otherwise deliver a summary of the budget to all the Owners
and shall set a date for a meeting of the Owners to consider ratification of the budges: not less than
fourteen (14) nor more than sixty (60) days after mailing or other delivery or.'the summary. Unless
at that meeting a majority of all Owners reject the budget, the budget is ratified, whether or not a
quorum is present. In the event that the proposed budget is rejected, the periodic budget last ratified
by the Owners must be continued until such time as the Owners ratify a subsequent budget proposed
by the Executive Board. The Executive Board shall adopt a budget and submit the budget to a vote
of the Owners pursuant to the provisions in the Bylaws. The Executive Board shall levy and assess
the Annual Assessments in accordance with the annual budget.
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Section 3. Annual Assessments. Annual Assessments made for Common Expenses shall
be based upon the estimated cash requirements as the Executive Board shall from time to time
determine to be paid by all of the Owners. Estimated Common Expenses shall include, but shall not
be limited to, the cost of routine maintenance and operation of the Common Elements, if any,
expenses of management and insurance premiums for insurance coverage as deemed desirable or
necessary by the Association, landscaping of the Property, care of ground., within the Common
Elements,if any,routine repairs, replacements and renovations within and of the Common Elements,
if any, wages, common water and utility charges for the Common Elements, if ally, legal and
accounting fees, management fees, expenses and liabilities incurred by the Association under or by
reason of this Declaration, payment of any default remaining from a previous assessment period, and
the creation of a reasonable and adequate contingency or other reserve or surplus fund for insurance
deductibles and general, routine maintenance, repairs and replacement of improvements within the
Common Elements, if any, on a periodic basis, as needed.
Annual Assessments shall be payable within thirty (30) day of the Executive Board mailing
Notice of said assessment to the Owners. The omission or failure of the Association to fix the Annual
Assessments for any assessment period shall not be deemed a waiver, modification or release of the
Owners from their obligation to pay the same. The Association shall have the right:, but not the
obligation, to make prorated refunds of any Annual Assessments in excess of the actual expenses
incurred in any fiscal year.
Section 4. Apportionment of Annual Assessments. The Common Expenses shall be
allocated among the Residential Units equally for Common Expenses in effect on the date of
assessment.
Section 5. Special Assessments. In addition to the Annual Assessments, the Association
may levy in any fiscal year one or more Special Assessments, payable over such a period as the
Association may determine, for the purpose of defraying, in whole or in part, the cost of any
construction or reconstruction, unexpected repair or replacement of improvements within the
Common Elements, if any, or for any other expense incurred or to be incurred as provided in this
Declaration. This Section shall not be construed as an independent source of authority for the
Association to incur expense, but shall be construed to prescribe the manner of assessing expenses
authorized by other sections of this Declaration. My amounts assessed pursuant to this Section shall
be assessed to Owners according to their Allocated Interests for Common Ex penses, subject to the
right of the Association to assess only against the Owners of affected Residential Units any
extraordinary maintenance, repair or restoration work on fewer than all of the Residential Units shall
be borne by the Owners of those affected Residential Units only, and any ex:raordinary insurance
costs incurred as a result of the value of a particular Owner's Residential Unit or the actions of a
particular Owner(or his agents, servants, guests, tenants or invitees) shall be borne by that Owner.
Notice in writing of the amount of such Special Assessments and the time for payment of the Special
Assessments shall be given promptly to the Owners, and no payment shall be due less than ten (10)
clays after such notice shall have been given.
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Section 6. Default and Restoration Assessments. All monetary fines assessed against an
Owner pursuant to the Association Documents, or any expense of the Association which is the
obligation of an Owner or which is incurred by the Association on behalf of the Owner pursuant to
the Association Documents, shall be a Default or Restoration Assessment and shall become a lien
against such Owner's Residential Unit which may be foreclosed or otherwise collected as provided
in this Declaration. Notice of the amount and due date of such Default or Restoration Assessment
shall be sent to the Owner subject to such Assessment at least ten (10) days ,,rior to the due date.
Section 7. Effect of Nonpayment;Assessment Lien. Any Assessment installment, whether
pertaining to any Annual, Special,Default or Restoration Assessment,which is not paid on or before
its due date shall be delinquent. If an Assessment installment becomes delinquent, the Association,
in its sole discretion, may take any or all of the following actions:
a Assess a late charge for each delinquency in such amount as the Association deems
appropriate;
b. Assess an interest charge from the due date at the yearly ra:e of eighteen percent
(18%), or such other lawful rate as the Executive Board may establish;
c. Suspend the voting rights of the Owner during any period of delinquency;
d. Suspend the rights of the Owner, and the Owner's family,guesi s, lessees and invitees,
to use Common Element facilities during any period of delinquency;
e. Accelerate all remaining Assessment installments so that unpaid Assessments for the
remainder of the fiscal year shall be due and payable at once;
f. Bring an action at law against any Owner personally obligates to pay the delinquent
Assessments; and
g. Proceed with foreclosure as set forth in more detail below.
Assessments chargeable to any Residential Unit shall constitute a lien on such Residential
Unit. The Association may institute foreclosure proceedings against the defaulting Owner's
Residential Unit in the manner for foreclosing a mortgage on real property under the laws of the State
of Colorado. In the event of any such foreclosure, the Owner shall be liable for the amount of unpaid
Assessments, any penalties and interest thereon, the cost and expenses of such proceedings, the cost
and expenses for filing the notice of the claim and lien, and all reasonable attorney fees incurred in
connection with the enforcement of the lien. The Association shall have the power to bid on a
Residential Unit at foreclosure sale and to acquire and hold, lease, mortgage and convey the same.
Liens for Assessments shall be as provided in C.R.S. 38-33.3-316.
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Section 8. Personal Obligation. Except for the Assessment lien, each Assessment against
a Residential Unit is the personal obligation of the person who owned the Residential Unit at the time
the Assessment became due and shall not pass to successors in title unless they agree to assume the
obligation. No Owner may exempt himself from liability for the Assessment by abandonment of his
Residential Unit or by waiver of the use or enjoyment of all or any part of the Common Elements, if
any. Suit to recover a money judgment for unpaid Assessments, any penalties and interest thereon,
the cost and expenses of such proceedings,and all reasonable attorney's fees in connection therewith
shall be maintainable without foreclosing or waiving the Assessment lien provided in this Declaration.
Section 9. Payment by Mortgagee. Any Mortgagee holding a tier on a Residential Unit
may pay any unpaid Assessment payable with respect to such Residential Unit; together with any and
all costs and expenses incurred with respect to the lien, and upon such payment that Mortgagee shall
have a lien on the Residential Unit for the amounts paid with the same priority as the lien of the
Mortgage.
Section 10. Statement of Status Assessment Payment. Upon payment of a reasonable fee
set from time to time by the Executive Board and upon fourteen (14) days' written request to the
Association's registered agent by personal delivery or certified mail,first class postage prepaid,return
receipt,any Owner,designee of Owner,Mortgagee,prospective Mortgagee or prospective purchaser
of a Residential Unit shall be furnished with a written statement setting forth th a amount of the unpaid
Assessments, if any, with respect to such Residential Unit. Unless such statement shall be issued by
personal delivery or by certified mail, first class postage prepaid, return receipt requested, to the
inquiring party (in which event the date of posting shall be deemed the date of delivery) within
fourteen(14)days after receipt of the request,the Association shall have no riF;ht to assert a lien upon
the Residential Unit over the inquiring party's interest for unpaid Assessments which were due as of
the date of the request.
Section 11. Maintenance Accounts;Accounting. If the Association delegates powers of
the Executive Board or its officers relating to collection, deposit, transfer or disbursement of
Association funds to other persons or to a Manager, then such other persons or Manager must (i)
maintain all funds and accounts of the Association separate from the funds and accounts of other
associations managed by the other person or Manager(ii) maintain all reserve and working capital
accounts of the Association separate from the operational accounts of the Association, and provide
to the(iii) Association an annual accounting and financial statement of Association funds prepared
by the Manager, a public accountant or a certified public accountant.
ARTICLE XI
CONDEMNATION
Section 1. Rights of Owners. Whenever all or any part of the Common Elements shall be
taken by any authority having power of condemnation or eminent domain or whenever all or any part
of the Common Elements is conveyed in lieu of a taking under threat of condemnation by the
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Executive Board acting as attorney-in-fact for all Owners under instructions from any authority
having the power of condemnation or eminent domain, each Owner shall be entitled to notice of the
taking or conveying.
The Association shall act as attorney-in-fact for all Owners in the proceedings incident to the
condemnation proceeding,unless otherwise prohibited by law.
Section 2. Partial Condemnation. The award made for such taking shall be payable to the
Association for the benefit of the Owners and Mortgagees and, unless otherwise required under the
Act, the award shall be disbursed as follows:
If the taking involves a portion of the Common Elements on which improvements have been
constructed,then,unless within sixty(60)days after such taking,Declarant and Owners who
represent at least eighty percent(80%)of the votes of all of the Owners shall otherwise agree,
the Association shall restore or replace such Common Elements so taken on the remaining
land included in the Common Elements to the extent lands are available for such restoration
or replacement in accordance with plans approved by the Executive Board. If such Common
Elements are to be repaired or restored, the provisions above regarding the disbursement of
funds in respect to casualty damage or destruction which is to be repa red shall apply. If the
taking does not involve any Common Elements, or if there is a decision made not to repair
or restore, or if there are net funds remaining after any such restoration or replacement is
completed, then such award or net funds shall be distributed equally among the Residential
Units, first to the Mortgagees and then to the Owners, as their interests appear.
Section 3. Complete Condemnation. If all of the Property is taken, condemned, sold or
otherwise disposed of in lieu of or in avoidance of condemnation, then the r egime created by this
Declaration shall terminate,provided that the approval is first obtained of sixty percent(60%)of First
Mortgagees of Residential Units subject to First Mortgages(which percentage.is measured by votes
allocated to such Residential Units), and the portion of the condemnation award attributable to the
Common Elements shall be distributed as provided above regarding disbursement of funds for partial
condemnation.
ARTICLE XII
ASSOCIATION AS ATTORNEY-IN-FACT
Section 1. Association as Attorney-in-Fact. Each Owner hereby irrevocably appoints the
Association as the Owner's true and lawful attorney-in-fact for the purposes of purchasing and
maintaining insurance pursuant to this Declaration, including the collection and appropriate
disposition of the proceeds thereof,the negotiation and settlement of losses and execution of releases
of liability, the execution of all documents, and the performance of all other acts necessary to
purchase and maintain insurance as well as dealing with any improvements covered by insurance
written in the name of the Association upon their damage or destruction, or a complete or partial
25
taking as provided above. Acceptance by a grantee of a deed or other instrument of conveyance or
any other instrument conveying any portion of the Property shall constitut: appointment of the
Association as the grantee's attorney-in-fact, and the Association shall have full authorization, right
and power to make, execute and deliver any contract, assignment, deed, waiver or other instrument
with respect to the interest of any Owner which may be necessary to exercise the powers granted to
the Association as attorney-in-fact.
ARTICLE XIII
RESERVED DEVELOPMENT AND SPECIAL DECLARANT RIGHTS
Section 1. Reservation of Withdrawal Rights. Declarant reserves the right for himself and
any Successor Declarant at any time and from time to time to withdraw from the provisions of this
Declaration, Residential Units and/or Common Elements provided, however,that a Residential Unit
may not be withdrawn after that Residential Unit has been conveyed by Declarant to a purchaser.
Additionally, none of the Common Elements may be withdrawn after any Lot is conveyed by
Declarant to a purchaser.
Section 2. Other Reserved Rights. Declarant reserves the right for himself and any
Successor Declarant at any time and from time to time to maintain and relocate sales offices,
management offices, signs advertising the Project of any size on one or more Residential Units and
within the Common Elements so long as Declarant or Successor Declarant continues to be an Owner
of a Residential Unit or the period of Declarant control has not terminated pursuant to the terms of
the Association Documents.
Section 3. Termination of Rights. The rights reserved to the Declarant for himself, his
successors and assigns in this Article shall expire, unless sooner terminated as required by the Act
upon the earlier of: (i)sixty(60)days after conveyance of eighty percent(80%)of initially designated
Residential Units to Owners other than Declarant; (ii) two (2) years after Declarant has ceased to
offer Residential Units for sale in the ordinary course of business; or(iii)two(2)years after any right
to add new Residential Units was last exercised. Any management contracts, contracts or leases
between the Association and the Declarant or an affiliate of the Declarant, or any contracts or leases
which are not bona fide or were unconscionable to the Owners may be terminated by the Executive
Board after the end of the Declarant control upon not less than ninety(90) days' notice to the other
party.
Section 4. Transfer of Records. Within sixty (60) days after the Owners other than the
Declarant elect a majority of the members of the Executive Board, the Declarant shall deliver to the
Association all property of the Owners and of the Association held by or contrc lied by the Declarant,
including the following:
a. The original or a certified copy of this recorded Declaration;
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b. An accounting for Association funds and financial statements from the date the
Association received funds and ending on the date the perioc. of Declarant control
ended;
c. The Association funds or control thereof;
d. A copy of any plans and specifications used in the construction of the Common
Elements, if any;
e. All insurance policies in force;
f All certificates of occupancy, if any;
g. Any other permits issued by governmental bodies applicable to the common interest
community and which are currently in force or which were issued within one year
prior to the date on which Owners other than the Declarant took control of the
Association;
h. Written warranties of any contractors, subcontractors, suppliers, and manufacturers
that are still effective;
i. A roster of Owners and mortgagees and their addresses and i:elephone numbers, if
known, as shown in the Declarant's records;
j. Employment contracts in which the Association is a contracting party; and
k. Any service contract in which the Association is a contracting party or in which the
Association or the Owners have any obligation to pay a fee to the person(s)
performing the service.
ARTICLE XIV
MORTGAGEE'S RIGHTS
The following provisions are for the benefit of holders, insurers or guarantors of First
Mortgages on Residential Units. To the extent permitted under Colorado law and applicable,
necessary or proper, the provisions of this Article apply to this Declaration and also to the Articles,
Bylaws and Rules and Regulations of the Association.
Section 1. Distribution of Insurance or Condemnation Proceeds. In the event of a
distribution of insurance proceeds or condemnation awards allocable among the Residential Units for
losses to, or taking of, all or part of the Common Elements, neither the Owner nor any other person
shall take priority in receiving the distribution over the right of any Mortgagee who is a beneficiary
of a First Mortgage against the Residential Unit.
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Section 2. Right to Pay Taxes and Charges. Mortgagees who hold First Mortgages against
Residential Units may,jointly or singularly,pay taxes or other charges which are in default and which
may or have become a charge against any Common Elements, and may pay overdue premiums on
hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy for such
Common Elements, and Mortgagees making such payments shall be owed immediate reimbursement
therefor from the Association.
Section 4. Audited Financial Statement. Upon written request from any Agency or
Mortgagee which has an interest or prospective interest in any Residential Unit or the Project, the
Association shall prepare and furnish within ninety (90) days an audited financial statement of the
Association for the immediately preceding fiscal year, at the expense of such Mortgagee.
Section 5. Notice of Action. Any First Mortgagee and any Agency which holds, insures or
guarantees a First Mortgage, upon written request to the Association (which shall include the
Agency's name and address and the Residential Unit number),will be entitled to timely written notice
o£
a. Any proposed amendment of the Association Documents effecring a change in(i)the
boundaries of any Residential Unit or the exclusive easement rights appertaining
thereto, (ii)the interest in the Common Elements appurtenant to the Residential Unit
or the liability of Assessments relating thereto, (iii) the number of votes in the
Association relating to any Residential Unit, or (iv) the purposes to which any
Residential Unit or the Common Elements are restricted or any amendment or
expansion as set forth below;
b. Any proposed termination of the common interest community;
c. Any condemnation loss or any casualty loss which affects a material portion of the
Project or which affects any Residential Unit on which there is a First Mortgage held,
insured or guaranteed by such Agency;
d. Any delinquency in the payment of Assessments owed by an Owner subject to the
Mortgage where such delinquency has continued for a period of sixty (60) days;
e. Any lapse, cancellation or material modification of any insurance policy maintained
by the Association pursuant to this Declaration.
Section 6. Action by Mortgagee. If this Declaration or any Association Documents require
the approval of Mortgagees then, if any Mortgagee fails to respond to any wri ten proposal for such
approval within thirty(30)days after such Mortgagee is given proper notice of the proposal(or such
longer time as may be set forth in the notice), such Mortgagee shall be deemed to have approved such
proposal provided that the notice was delivered to the Mortgagee by certified or registered mail,
return receipt requested.
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ARTICLE XV
DURATION OF COVENANTS AND AMENDMENT
Section 1. Term. The covenants and restrictions of this Declaration shall run with and bind
the land for twenty(20)years and shall be automatically extended for successiN e twenty-year periods,
unless an instrument is signed revoking or terminating the Project pursuant to the provisions of this
Declaration or the Act.
Section 2. Amendment. This Declaration, or any provision of it, may be amended at any
time by Owners holding not less than eighty percent(80%)of the votes possible to be cast under this
Declaration at a meeting of the Owners called for that purpose. Annexation of property which will
result in an increase of Annual Assessments to each Owner of less than ten percent (10%) of the
Annual Assessments assessed in the previous year shall not require an affirmative vote of the First
Mortgagees or the Owners. If approval of the First Mortgagees is required, such approval shall first
be obtained from sixty percent (60%) of First Mortgagees of Residential Units subject to a First
Mortgage (which percentage is measured by votes allocated to such Residential Units). A First
Mortgagee shall be entitled to notice and the right to approve amendments, in accordance with the
provisions of this Declaration, if the amendment to the Association Documents add any material
provisions which establish, provide for, govern or regulate any of the follow.ng:
a. Voting;
b. Increases in Annual Assessments greater than ten percent (10%) of the Annual
Assessments assessed in the previous year,Assessment liens or subordination of such
liens;
c. Reserves for maintenance or repair and replacement of the Common Elements;
d. Insurance or fidelity bonds;
e. Reallocation of interests in the Common Elements, or rights to use of the Common
Elements;
f. Responsibility for maintenance and repair of the Project;
g. Expansion or contraction of the common interest community, the addition or
withdrawal of property to or from the common interest community, or annexation
except as provided in this Declaration;
h. Boundaries of any Residential Unit;
i. The interests in the Common Elements;
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j. Convertibility of Residential Units into Common Elements or of Common Elements
into Residential Units;
k. Hazard or fidelity insurance requirements; and
1. Restoration or repair of the Association(after damage or partial condemnation)other
than as specified herein.
Any amendment must be executed by the President of the Association and recorded, and
approval of such amendment may be shown by attaching a certificate of the Secretary of the
Association to the recorded instrument certifying the approval of a sufficient number of Owners of
the amendment. Notwithstanding the foregoing, Declarant, acting alone, reserves to itself the right
and power to modify and amend this Declaration and the Map to the fullest extent permitted under
the Act and this Declaration.
Section 3. Revocation. This Declaration shall not be revoked nor shall the regime created
hereby be terminated (except as provided above regarding total destruction and/or total
condemnation), without(i)the consent of all of the Owners evidenced by a written instrument duly
recorded with the Clerk and Recorder and (ii) the consent of eighty percent (80%) of First
Mortgagees of Residential Units subject to First Mortgages(which percentage is measured by votes
allocated to such Residential Units).
ARTICLE XVI
ANNEXATION OF ADDITIONAL PROPERTY
Section 1. Annexation with Approval of Executive Board or Owners. The Executive
Board of the Association may annex additional residential real property whose use is harmonious with
the uses of the Property within the Association to the provisions of this Declaration upon request by
and with the consent of the Owner of such property during and after the period of Declarant Control.
Any such proposed annexation shall be approved by the Executive Board 1.)y a vote of a simple
majority of a quorum of Directors entitled to vote, as such quorum is defined in the Bylaws, and
without notice to or first obtaining the affirmative approval of the majority of the Owners unless the
proposed annexation will result in an increase in Annual Assessments to all Owners of more than ten
percent(10%)of the Annual Assessments assessed in the previous year. In su:h a case, the Owners
shall receive notice of the proposed annexation as provided in the Association Documents and shall
be entitled to vote on the proposed annexation. Mortgagees requesting notice under the provisions
of this Declaration shall be notified accordingly and shall be entitled to vote on any proposed
annexation which requires a vote of the Owners. After approval of by the First Mortgagees of
Residential Units subject to First Mortgages as set forth above has been obtained, a sixty percent
(60%) majority of all of the Owners entitled to cast a vote shall constitute approval of the proposed
annexation and corresponding increase in Assessments.
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After approval by the Executive Board or the Owners, as the case may be, annexation shall
be accomplished by filing a Supplemental Declaration and a Supplemental Map, describing the
property being annexed, with the Clerk and Recorder. Any such Supplemental Declaration shall be
signed by the President and the Secretary of the Association and by the Owner of the annexed
property. The Owner proposing the annexation shall bear the cost of having a Supplemental Map of
the annexed property prepared by a licensed surveyor. If an affirmative vote of the First Mortgagees
and the Owners was required, the Supplemental Declaration and Supplemental Map shall be
accompanied by a certificate of the Secretary of the Association certifying the approval of a sufficient
number of First Mortgagees and Owners of the proposed annexation. Any annexation shall be
effective upon filing unless otherwise provided in the Supplemental Declaration.
Section 2. Acquisition of Common Elements. Declarant may convey additional real estate,
improved or unimproved, located within the Project or adjacent thereto, which upon conveyance or
dedication to the Association shall be accepted by the Executive Board on behalf of the Association
and thereafter shall be maintained by the Association at its expense for the benefit of all its members.
Section 3. Amendment. This Article shall not be amended without the written consent of
Declarant, so long as the Declarant owns twenty percent (20%) or more of the Residential Units.
Section 4. Effect. The filing ofa Supplemental Declaration and Supplemental Map,annexing
property to the Association shall not be construed as an amendment to this Declaration requiring a
vote of eighty percent (80%) of the Owners under the provisions of this Declaration.
ARTICLE XVII
GENERAL PROVISIONS
Section 1. Restriction on Declarant Powers. Notwithstanding anything to the contrary
herein, no rights or powers reserved to Declarant hereunder shall exceed the time limitations or
permissible extent of such rights or powers as restricted under the Act. Any provision in this Declara-
tion in conflict with the requirements of the Act shall not be deemed to invalidate such provision as
a whole but shall be adjusted as is necessary to comply with the Act.
Section 2. Covenants Run with the Land. It is expressly understood and agreed
that all covenants, conditions, and restrictions contained herein are intended to and shall run
with the land, and Declarant hereby agrees, for himself and his successors and assigns, that
such covenants, individually and collectively, touch and concern the land and shall be binding,
fully in all respects upon Declarant's successors in title to the land, regardless of how succession of
title may be accomplished.
Section 3. Enforcement. Except as otherwise provided in this Declaration, the Executive
Board, Declarant or any Owner shall have the right to enforce, by a proceeding at law or in equity,
all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by
31
the provisions of this Declaration. Failure by the Executive Board of the Association, Declarant or
by any Owner to enforce any covenant or restriction contained in this Declaration shall in no event
be deemed a waiver of the right to do so thereafter.
Section 4. Severability. Invalidation of any one of these covenants or restrictions by
judgment or court order shall in no way affect any other provisions which shall remain in full force
and effect.
Section S. Conflicts Between Documents. In case of conflict between this Declaration and
the Articles and the Bylaws of the Association, this Declaration shall control. In case of conflict
between the Articles and the Bylaws, the Articles shall control.
DECLARANT:
Jim Bates
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this day of
2000, by Jim Bates.
WITNESS my hand and official seal.
My commission expires:
Notary Public
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EXHIBIT A
MINIMUM ARCHl'itCTURAL DESIGN STANDARDS FOR
RESIDENTIAL CONSTRUCTION
COALBANK CREST PUD
Section 1. Diversity of Architectural Styles. It is the intent of these guidelines to insure that
each home remains compatible with the neighborhood as a whole. Domes, hyperbolic parabolas,
modular homes, mansard roofs, and flat roofs will not be permitted in Coalb ink Crest PUD unless
specifically approved by the Executive Board.
Section 2. Minimum Square Footage and Building Height. The grc and floor finished area
of any residence, exclusive of open porches, patios and vehicle garages, shall not be less than two
thousand (2,000) square feet for a one-story residence; not less than one thousand five hundred
(1,500) square feet for the first floor of a two-story residence; and, not less than two thousand
(2,000) square feet above grade for the floors of a bi-level, tri-level or raised ranch residence. The
total square footage minimum for the main floor and upper floors of a two-story,multi-level,bi-level,
tri-level, or raised ranch residence shall not be less than two thousand (2,000) square feet. The
maximum building height of any residence constructed shall be thirty(30) feet measured from the
top of the foundation to the crest of the highest roof line(excluding chimneys, cupola).
Section 3. Roof Pitches. The roof pitch on any residence must be between 5/12 and 12/12.
Section 4. Exterior Elevations of Residences. Any residential plan should be designed to
look attractive from all four sides. Decorative elements(masonry veneer, shut:ers,donner windows,
etc.)should not be limited to the front side of the residence. Fireplaces and full height of any chimney
must be fully enclosed with compatible material or masonry to the exterior siding of the residence.
Section 5. Residence Window and Door Placement. The placement of windows and doors
within the residence on flat walls should align vertically and horizontally and should not be randomly
located.
Section 6. Standards Regarding Use of Exterior Materials. Exterior materials shall be
limited as follows:
a. Wood siding shall be restricted to natural wood boards or shingles, stained or painted,
with a minimum recommended twenty percent (20%) pigment.
b. Hardboard siding shall be restricted to pre-finished or painted with natural colors as
defined in Section 7.
33
c. Masonry siding shall be required for a minimum of seventy five percent(75%)net of
window and door openings of the entire residence. The Executive Board may alter
this requirement to accommodate specific styles of construction where,in the opinion
of the Executive Board, the masonry requirements would be detrimental to the style,
look and appeal of the home.
d. Garage fronts that are recessed or side load are encouraged.
e. The roofing material to be utilized upon homes in the subdivision shall be a minimum
twenty five(25)year heritage or equivalent. Roofing colors R ust be limited to natural
material colors or earth tone.
f. Window frames shall be painted wood,natural wood,painted steel, anodized painted
aluminum, or vinyl cladding.
g. Foundation walls shall not be exposed, except six inches above grade.
h. All fascia shall be a minimum of twelve(12)inches and all soffits shall be a minimum
of eighteen (18) inches.
Section 7. Color of Exterior Materials. ALL EXTERIOR COLORS MUST BE
APPROVED BY THE EXECUTIVE BOARD PRIOR TO CONSTRUCTION.The color of exterior
materials used on the residence must be subdued and blend with the colors or the natural landscape.
Earth tones, generally muted, are recommended. Accent colors on exterior doors, window frames,
fascias, soffits and trim,used with restraint and in a manner which does not exceed ten percent(10%)
of the surface of the residence, may be approved by the Executive Board.
Section 8. Setbacks. The setbacks which will be enforced by the EKecutive Board are the
same building setbacks that are required by the County of Weld, Colorado.
Section 9. Site Grading. Exterior grading shall be adequate for drainage away from the
house and adjacent houses; however,the grading shall not be forced to allow basement garden level
or walkout windows and doors, except through the use of area walls. The type of grading and design
of each lot is shown on the recorded plat and must be adhered to. Houses shall be sited to
complement existing or planned houses on adjacent sites. Large elevated decks or patios are
discouraged.
SWOMMElableDocumentsVissn Covenunh.wpd
F.b..ry 9.2000 34
S
MINUTES OF THE ORGANIZATIONAL MEETING
OF THE BOARD OF DIRECTORS
OF
COALBANK CREST HOMEOWNERS ASSOCIATION
In Compliance with Colorado Revised Statutes 7-122-105, pertaining to organizational
meetings of Boards of Directors, Jim Bates , being the Directors of the initial Board of
Directors ofCoalbank Crest Homeowners Association met at the offices of Association in Eaton,
Colorado on
It was noted that it would be necessary for the Board of Directors to elect the officers of the
Corporation to serve until the first annual meeting of the Board of Directors c r until their successors
are duly elected and qualified. Pursuant to motion made and seconded, the following resolution was
unanimously passed:
RESOLVED, that the following be the officers of the Corporation until the first annual
meeting of the Board of Directors or until their successors are duly elected and qualified:
Jim Bates President
Vice-President
Secretary/Treasurer
It was noted that the Articles of Incorporation which were preparec at the request of the
Directors were filed with the Secretary of State of the State of Colorado, and the required filing fee
of Fifty Five Dollars ($55.00) was paid. A Certificate of Incorporation has E een issued.
It was noted that it would be desirable to record a certified copy of the Certificate of
Incorporation in the records of the Weld County Clerk and Recorder's office. Accordingly, upon
motion duly made and seconded, the following resolution was adopted unanimously:
RESOLVED, that attorney G. Brent Coan cause a certified copy of the Certificate of
Incorporation to be recorded in the office of the Weld County Clerk and Recorder.
FURTHER RESOLVED,that the original Certificate of Incorporation together with a copy
of the Articles of Incorporation be affixed in the permanent records of the Corporation
The proposed Bylaws of the Corporation have been reviewed by th Board of Directors,
article by article. Accordingly, upon motion duly made and seconded, the fol owing resolution was
adopted unanimously:
RESOLVED, that the Board of Directors adopt the Bylaws of the Co poration as proposed
and the original Bylaws be affixed in the permanent records of the Ccrporation.
After a discussion of the Corporation's banking, it was determined that Bank
(the "Bank") would be the principal bank for the Corporation. Upon motion duly made and
seconded, the following resolution was adopted unanimously:
RESOLVED,that the Bank is hereby designated as a depository of the Corporation and that
a checking account be opened and maintained in the name of this Corporation with said Bank;
that any one of the following officers of this Corporation: President aid Secretary/Treasurer
are hereby authorized on behalf of this Corporation, and in its name, to sign checks, drafts,
notes, bills of exchange, acceptances, or other orders for the payment of money from said
account; to endorse checks, notes, bills, certificates of deposit, or other instruments, owned,
or held by this Corporation, for deposit in said account, or for collection or discount by the
Bank; to accept drafts, acceptances, and other instruments payable it said Bank; to waive
presentment, demand, protest, and notice of protest, or dishonor or any check, note, bill,
draft, or other instrument made, drawn or endorsed by this Corporation; and
FURTHER RESOLVED, that President and Secretary/Treasurer of this Corporation are
hereby authorized to borrow on account of this Corporation from the Bank upon such terms
as they shall deem desirable, and to make and deliver notes, secured or unsecured, drafts,
acceptances, agreements or obligations of this Corporation therefor and for any and all
obligations, of this Corporation to said Bank, now or hereafter existing, to pledge or assign
and deliver upon such terms as they may deem desirable, stocks, bonds, bills receivable, ac-
counts,merchandise,bills-of-lading,warehouse receipts,mortgages,it surance policies,certi-
ficates, negotiable paper, and any other property held by or belonging to the Corporation,
with full authority to endorse, assign and guarantee the same on behalf of the Corporation;
to discount any bills receivable or any paper held or owned by the Corporation, with full
power to endorse the same in the name of the Corporation; and to execute and deliver all
instruments required by the Bank in connection with any of the foregoing; and
FURTHER RESOLVED,that the Secretary be and it hereby is authorized to honor,receive,
certify,or pay all instruments signed in accordance with the foregoing Resolution even though
drawn or endorsed to the order of any officer signing the same or tendered by him for
cashing, or in payment of the individual obligation of such officer, or for deposit to his
personal account, and said Bank shall not be required or be under aid/ obligation to inquire
as to the circumstances of the issuance or use of any instrument signed :n accordance with the
foregoing Resolutions, or the application or disposition of such instrument or the proceeds
thereof and
FURTHER RESOLVED, that the Secretary of this Corporation shall certify to said Bank
the names of the persons who are at present the duly elected and qualified officers of the
Corporation and shall,from time to time hereafter, as changes in the personnel of said officers
are made, immediately certify such changes to the Bank, and said Bank shall be filly
protected in relying on such certifications of the Secretary and shall be indemnified and saved
harmless from any claims, demands, expenses, loss, or damage resulting from or growing out
- 2 -
of, honoring the signature of any officer so certified, or refusing to honor any signature not
so certified; and
FURTHER RESOLVED,that the foregoing Resolutions shall remain in full force and effect
until written notice of their amendment or recission shall have been received by said Bank,
and that receipt of such notice shall not affect any action taken by the Bank prior thereto; and
FURTHER RESOLVED, that the Secretary be and he hereby is, authorized and directed
to certify these Resolutions to said Bank and that the provisions the-eof are in conformity
with the Charter and Bylaws of this Corporation.
Upon motion duly made and seconded, the following Resolution was unanirrously adopted:
RESOLVED,that the fiscal year of the Corporation shall run from January 1 to December 31
and a general assessment of Dollars ($_.00) per year shall be established and
billed at the beginning of each fiscal year.
It appearing that nothing further needed to be brought before the meet ng, upon motion duly
made, seconded and unanimously adopted, the meeting was adjourned.
Secretary
The following persons, being the Directors of Coalbank Crest Homeowners Association,
hereby waive notice of the meeting held , and attest to the fact that the foregoing Minutes
of the Organizational Meeting of the Board of Directors of Coalbank Crest Homeowners Association
are an accurate reflection of the meeting held on
Jiim Bates, Director
Director
Director
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,vary 3,2000
3:29 PM
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