The covenants are a legally binding agreement between the homeowners and the Association as a whole, and were drafted by the builder during the formation of the community. Covenants are designed to protect property values by addressing subjects such as landscaping, architectural changes, noise and a host of other issues. Each owner should have a copy of the legal documents (Covenants, By-Laws and Articles of Incorporation) – please review these documents closely, as they contain information regarding your rights and obligations as a member of the Association. If you cannot find your copy, or lose your copy at any time, another copy may be downloaded here. For Covenants click here. If there are any parts of the legal documents that you don't understand or need clarification on, you can contact Brian Reid, the manager for the Association. He may be reached at 303-755-2732 x 210, or via email at email@example.com.
#9300087825 BK 7024 PG0211-0248 07/09/93 10:15 MARJORIE PAGE RECORDER ARAPAHOE COUNTY, CO REC 190.00 DOC
Book 7024 Page 211
AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CHENANGO, ARAPAHOE COUNTY, COLORADO THIS AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CHENANGO, a subdivision in Arapahoe County, Colorado is dated this 3rd day of July 1993. WITNESSETH: WHEREAS, on February 22, 1978, in Book 2729 at Pages 479 through 489 of the records of the Clerk and Recorder of Arapahoe County, Colorado, a Declaration of the Protective Covenants and the Restrictions of Chenango was recorded, which Declaration affected the property known as Chenango Filing No. 1, according to the Plat thereof recorded in Plat Book 32 at Page 14, Arapahoe County; and WHEREAS, said Declaration was Amended by documents recorded November 21, 1978 n Book 2888 at Page 752 and February 13, 1979 in Book 2935 at Page 2 of the Arapahoe County records; and WHEREAS, said Declaration, as amended, was replaced in its entirety by an Amended Declaration of Protective Covenants and Restrictions of Chenango recorded March 12, 1982 at Book 3591Pages 521 through 537 of the records of the Clerk and Recorder of Arapahoe County, Colorado. Said Amended Declaration was approved by the requisite number of owners as evidenced by the Approvals recorded December 21, 1982 in Book 3760 at Pages 98 through 126, on January 20, 1983 in Book 3779 at Pages 158 through 162 and in Book 3786 at Page 477, Arapahoe County; and WHEREAS, said Amended Declaration was further modified by documents recorded July 13, 1988 in Book 5480 at Pages 121 through 136, on May 7, 1990 in Book 5820 at Pages 621 through 626 and on September 13, 1990 in Book 6006 at Pages 574 through 583 of the records of the Arapahoe County Clerk and Recorder’s Office; and WHEREAS, at least 80% of the owners of lots within (i) Chenango Filing No. 1, pursuant to the Plat therefor recorded in Plat Book 32 at Page 14, (ii) Chenango Filing No. 2, pursuant to the Plat therefor recorded in the Plat Book 34 at Page 86, and (iii) Chenango Filing No. 3, pursuant to the Plat therefor recorded in Plat Book 38 at Page 66, (together, the “Property”) desired to completely restate any and all existing covenants, conditions and restrictions affecting the Property as more fully set forth herein. Book 7024 Page 212 NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the requisite percentage of owners of lots within the Property state as follows:Book 7024 Page 213
1.1 DECLARATION OF COVENANTS. Owners for themselves, their successors and assigns and for all of the owners of property within Chenango Filings No. 1, 2 and 3, and for owners of all property hereafter made subject to this Declaration, agree that from the date of this Declaration shall be recorded in the public records of Arapaho County Colorado, all of the Property, as herein after, shall be owned, held, transferred, conveyed, sold, leased, rented, hypothecated, encumbered, used, occupied, maintained, altered or improved subject to the covenants, conditions, restrictions, limitations, reservations, exceptions, assessments, charges, equitable servitudes, liens, easements and other provisions set forth in this Declaration for the duration here of, all of which shall run with title to the Property, and such other property as shall be made subject to this Declaration and be binding upon all parties having any rights, title or interest in the Property 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 the Property and in such other property as shall be made subject hereto.
The following words, phrases or terms used in this Declaration shall have the following meanings:
2.1 Architectural Control Committee Or Committee. “Architectural Control Committee ” or “Committee” shall mean the committee elected by the Association Members and the member appointed by the Board of Directors to review and approve plans for the construction and modification of improvements on ten Property to enforce the terms of this Declaration, the Bylaws and Articles
Book 7024 Page 213
and to perform such duties as are set forth in Article VII hereof.
2.2 Articles. “Articles” shall mean the Articles of Incorporation of the Association, as the same may be amended from time to time according to their terms.
2.3 Assessment. “Assessment” shall mean Annual Assessments, Special Assessments, Maintenance Assessments, Compliance Assessments, and any other type of Assessment or cost, interest, attorneys’ fees, or other charges imposed on a Lot and the Owner thereof in accordance with this Declaration and secured by an Assessment Lien as set forth in the Declaration.
2.4 Assessment Lien. “Assessment Lien” shall mean the lien created and imposed pursuant to Article V, Section 5.6 hereof.
2.5 Assessment Period “Assessment Period” shall mean the period set forth in Article V, Section 5.3 hereof.
2.6 Association. “Association” shall mean and preferred to Chenango Homeowners Association, a Colorado nonprofit corporation, its successors and assigns whose purpose shall be set forth in the Articles and in this Declaration.
2.7 Association Rules. “Association Rules” mean the rules for Chenango adopted by the Board pursuant to Article IV, Section 4.6, Article V, Section 5.7, Article VI, Section 6.3, Article VII, Section 7.3, Article VIII, Section 8.11, and Article IX, Section 9.15 hereof, as the same may from time to time be amended or supplemented.
2.8 Board of Directors or Board. “Board of Directors” or “Board” shall mean the governing body of the Association.
2.9 Bridal Path. “Bridal Path” shall mean those in particular easements for equestrian purposes as identified on the Chenango Plats, excluding those areas as defined in Article IV, Section 4.13 hereof.
2.10 Building and Design Regulations. “Building and Design Regulations” shall mean those are regulations set forth in this Declaration or promulgated by the Architectural Control Committee from time to time pursuant to Article VII hereof, concerning construction or landscaping upon any Lot.
2.11 Bylaws. “Bylaws” shall mean the bylaws of the Association as the same may be Amended from time to time in accordance with their terms.
2.12 Chenango. “Chenango” shall mean all of the Property subject to this Declaration.
Book 7024 Page 214
2.13 Common Area. “Common Area” shall include those areas shown on the Chenango Plat which are dedicated to or have been acquired by the Association for the common use and enjoyment of the Owners, Including the Bridle path and those other areas designated as outlots on the Plats.
2.14 Declaration. “Declaration.” shall mean this Amended and Restated Declaration of Covenants, Conditions and Restrictions for Chenango.
2.15 Dwelling Units. “Dwelling Units” shall mean any building or portion of the building situated upon a Lot designed and intended for use and occupancy as a residence.
2.16 Lot. “Lot” shall mean any area of real property within Chenango designated as such on the plat of Chenango filing No. 1, Chenango filing No. 2, Chenango filing No. 3, or on the Plat of any additional property made subject to this Declaration.
2.17 Member. “Member” shall mean any person holding a Membership in the Association pursuant to this Declaration.
2.18 Membership. “Membership” shall mean a Membership in the Association and the rights granted to the Owners to participate in the Association pursuant to Article IV hereof.
2.19 Owner. “Owner shall mean the person, or, if more than one, all persons collectively, who hold fee simple title of record to any Lot including contract sellers but excluding record title holders who hold such title merely as security. In the case of Lots, legal title to which is vested of record in a Trustee to create a security interest, legal title shall be deemed to be in the Trustor.
2.20 Plat. “Plat” shall mean the subdivision plat for any portion of Chenango as recorded in the Arapahoe County records, as same it may be amended from time to time.
2.21 Property. “Property” shall include all of the property identified in the Chenango Filing No. 1, as recorded in Plat Book 32 at Page 14, Chenango Filing No. 2, as recorded in the Plat Book 34 at Page 86, and Chenango Filing No. 3, as recorded in Plat Book 38 at Page 66. Additional property can be added to this description from time to time upon the proper authorization in accordance with Article XI hereof.
2.22 Resident. “Resident” shall mean the Owner or each Tenant actually residing on a Lot. The term “Resident” shall also include the guests or invitees of such Owner or Tenant if and to the extent the Board on its absolute discretion by resolution so directs.
Book 7024 Page 215
2.23 Special Assessments. “Special Assessments” shall mean any charge levied and assessed pursuant to Article V, Section 5.2 hereof.
2.24 Tenant. “Tenant” shall mean any person who occupies a Dwelling Unit under any type of rental or lease arrangement.
TERM AND AMENDMENTS
3.1 Duration of Covenants. The covenants, conditions and restrictions set forth in this Declaration are declared and agreed to be for the purpose of enhancing, maintaining and protecting the value and attractiveness of the Property. The terms, limitations, restrictions, easements, covenants, conditions, obligations, liens and charges hereafter described shall be a burden and benefits to the owners, their grantees, successors and assigns and shall constitute covenants running with the Property, binding upon and inuring to the benefit of all those who hereafter obtained any interest in the Property, unless amended, modified or terminated by proper vote of all Members pursuant to Section 3.2 below. These Covenants shall remain in effect until October 25, 1997, after which time they shall be automatically extended for successive periods of ten (10) years.
The grantee of any Lot subject to this Declaration, by acceptance of the deed conveying title thereto, shall accept such deed upon and subject to each and all of these covenants and the agreements contained herein.
3.2 Amendment/Termination. The terms of these covenants, conditions and restrictions maybe an amended, modified or terminated only by an instrument signed by not less than seventy (70%) percent of the record Owners of Lots in the Property. Any and all such amendments shall be duly recorded in the public records of Arapahoe County, Colorado. Notwithstanding the foregoing, the terms and conditions of Articles VIII and IX maybe amended by a majority vote of the members of the Architectural Control Committee a majority of the members of the Board of Directors and by not less than fifty one (51%) percent of the record Owners of Lots in the Property.
THE ASSOCIATION, MEMBERS AND VOTING
4.1 The Association, Rights and Power. The Association shall be a non-profit Colorado Corporation charged with managing, maintaining, repairing and administering the Common Areas and,
Book 7024 Page 216
directly or through the Architectural Control Committee , with enforcing the terms and conditions of this Declaration. The Association shall be charged with the duties and vested with the rights and powers prescribed by law and set forth in the Articles, Bylaws and this Declaration. A copy of this Declaration, the Articles and Bylaws shall be available for inspection by Members and Tenants at the office of the Association or its management company during reasonable business hours and shall be provided to any Member upon request. In the event any of the terms of the Articles or Bylaws Shelby deemed inconsistent with the provisions of this Declaration, the provisions of this Declaration shall control.
4.2 Board of Directors and Officers. The Affairs of the Association shall be conducted by the Board, each member of which shall be an Owner of a Lot (or a resident spouse of an Owner), and such officers as the Board may elect or appoint in accordance with the Articles and Bylaws. The Board shall be composed of as many members as the bylaws shall specify, so long as such number is not more than seven (7) nor less than five (5) each with the term of two (2) years. The board mix appoint various committees (except for the Architectural Control Committee , whose members shall be elected by the Association Members) and appoint a manager who shall, subject to the direction of the Board, be responsible for the day-to-day operation of the Association. The Board shall determine the compensation to be paid to the manager or any other employee of the Association.
4.3 Membership. Every Owner of a Lot shall be a Member of the Association. Each such Owner shall have one Membership for each Lot owned by the Owner. There shall be only one Membership for each Lot. Each such Membership shall be appurtenant to and maybe separated from ownership of a Lot to which the Membership is attributed.
4.4 Right to Vote. Members may votes on any and all issues properly brought before them at a duly called and noticed meeting, or in a properly issued a notice of a vote by mail. Members to have an outstanding assessment lean against their Lot shall not be entitled to vote. No change in the ownership of a Membership shall be effective for voting purposes unless and until the Board is given actual written notice of such change and is provided satisfactory proof thereof. A vote for each such Membership must be cast as a unit. Fractional votes shall not be allowed. In the event that a Membership is owned by more than one person or entity, such owners shall designate between themselves one person to vote that particular Membership. If any Member cast a vote conclusively presumed for all purposes that he was acting with the authority and consent of all other Owners of the same Membership unless objection is made at the time the vote is cast.
Book 7024 Page 217
In the events and owner is severely ill or in incompetent and has properly granted to another his or her Power of Attorney, the holder of such Power may vote on behalf of of said Owner on all matters for so long as the Power is valid.
4.5 Transfer of Membership. Membership in the Association shall not be assigned, transferred, Pledged, conveyed or alienated in anyway except upon transfer of ownership of an Owner’s Lot. The transfer of ownership on a Lot may be effected by deed, intestate succession, testamentary disposition, foreclosure of a mortgage of record or such other legal process as it is now in effect or as may hereafter be established pursuant to the laws of the state of Colorado. Any attempts to make a prohibited transfer of a Membership without to simultaneously transferring an ownership interest in the Lot to which such Membership is attributable shall be void. Execution of a Power of Attorney granting to another the right to vote on Association matters in the event of the disability of an Owner shall not be considered and attempted transfer of a Membership. Any transfer of ownership of a Lot shall operate to transfer automatically the membership appurtenant to said Lot to the new Owner thereof, whether or not to to specific reference to such Membership is made in the document of conveyance.
4.6 Association Rules. By a majority vote of the Board the Association may, from time to time, and subject to the provisions of this Declaration, adopt, Amend and repeal rules and regulations to be known as the Association Rules. The Association Rules may restrict and govern the use of any area of the Property by any Member or Resident; provided, however, that the Association Rules may not unfairly discriminates among Members, and shall not be inconsistent with this Declaration, the Articles or Bylaws. Upon adoption, the Association Rules shall have the same force and effect as if they were set forth herein and were part of this Declaration.
4.7 Personal Liability. A director of the Association, and each member of the committee, officer, agents and employee of the Association, shall not to be personally liable to the Association or its Members for monetary damages except as follows. This provision shall not eliminate or limit the liability of a director or any member of the committee, officer, agent, or employee of the Association, to the Association or to its Members for (a) any breach of duty or loyalty to the Association or its Members; (b) acts or omissions made it in bad faith or watch involve intentional misconduct or knowing violation of the law; (c) acts specified in Sections 7-24-111 of the Colorado Non-Profit Corporation Act; or (d) any transaction from which such party derives any improper personal benefit.
The Association, by a vote of a majority of the Members, may adopt resolutions providing for the indemnification of officers, directors, members of committees, agents and employees for all or
Book 7024 Page 218
part of the reasonable costs and expenses incurred by them in connection with any proceeding to which they may be a party, or in which they may have become involved by reason of their being or having been a director, member of a committee, officer, agent or employee, Whether or not they are a director, member of the committee, officer, agent or employee is adjudged guilty of willful nonfeasance, misfeasance, or malfeasance in the performance of his or her duties.
4.8 Borrowing Power. The Association may borrow money in such amounts, at such a rates, upon such terms and security (including the pledge of an interest in the Common Areas), and for such period of time as it is necessary or appropriate provided that such a borrowing resulting in an outstanding balance in excess of $10,000 shall be subject to approval by vote of two-thirds of the Members present in person or by proxy at a special meeting of the Members duly called for that purpose.
4.9 Purposes for which Association’s Funds May be Used. The Association shall apply all funds and properly collected and received by it (including Assessments, fees loan proceeds, Surplus funds and all funds and property received by it from another source) for the common good and benefits of the Property and the Members and Residents by devoting said funds and property, among other things, to the acquisition, construction, alteration, Maintenance, provision and operation, by any manner or method whatsoever, of any and all land, properties, improvements, facilities, services, projects, security, programs, studies and systems, within or without the Property as may be necessary, desirable or beneficial to the general common interest of the Property, the Members and the Residents. The Association may expend its funds for any purpose which any municipality may expend funds under the laws of the State of Colorado.
4.10 Association’s Rights in Spending Funds from Year to Year. The Association shall not be obligated to spend in any year all the funds received by it in such year (whether by way of Annual or Special Assessments, or otherwise) and make carry forward as sir plus any balances remaining. The Association shall not to be obligated to reduce the amount of the Annual Assessment in the succeeding year if a surplus exists from a prior year and the Association make carry forward from year-to-year such through plus as the Board in its discretion may determined to be desirable for the greater Financial security of the Association and the accomplishments of its purposes.
4.11 Kings Point Funds. Any expenditure of the Association’s Kings Point Funds may be authorized by the Board only after each specific expenditure is approved by two-thirds of the votes of the Members presents, in
Book 7024 Page 219
person or by proxy, At a special meeting of the Members duly called for that purpose. The quorum and procedure required at such meeting shall be set forth in Article V, Section 5.2 hereof.
Notwithstanding the above, the Members may, by affirmative votes of at least 51% of all of the Members, require that the Board of Directors either (i) expend some or all of the Kings Point Fund as they direct; or (ii) refrain from expending any portion of the Kings Point Fund as the Board proposed, even if such anticipated expanded chores was approved at a special meeting called for that purpose as described above. Search maybe obtained at the annual meeting of the Members, or at any special meeting of the Members, in person or by proxy, so long as the issue is noticed, In advance, to all of the Members.
4.12 Insurance. The Association shall maintain insurance against liability incurred as a result of death or injury to persons, or damage to property in such amounts and with such coverage and deductibles as the Board in its discretion shall determine from time to time. Insurance obtained by the Association shall, to the extent reasonably possible without undue cost, Cover each Member without each Member necessarily being specifically named.
Insurance obtained by the Association shall, to the extent reasonably possible without undue cost, contain a waiver of rights by subrogation as against the Association, each Member and any person claiming by, through or under such Member and as against any officer, Director, Agents or employee of the foregoing. Insurance policies and insurance coverage shall be reviewed at least annually by the Board to ascertain weather coverage under the policies is sufficient in light of the possible or potential liabilities of the Association.
4.13 Association’s Maintenance of Common Areas. The Association or its duly delegated representative, shall maintain and otherwise and manage the Common Areas, as set forth below, at the sole cost and expense of the Association (including payment of real estate taxes, if any, imposed on any Common Areas).
The Board shall provide for the repair, management and maintenance of Common Areas. To do so, the Association may, subject to any applicable provisions on Special Assessments for capital improvements, in the discretion of the Board:
(a) Construct, repair, Replace or refinish any improvements upon Common Areas;
(b) Replace injured and disease trees and other vegetation in any Common Area and plants trees, shrubs and ground cover to the extent that the Board deems it necessary for the conservation of water and soil and for aesthetic purposes;
Book 7024 Page 220
(c) Place and Maintain upon any Common Area such signs as The Board may deem appropriate for the proper identification, Use and regulation thereof;
(d) Maintain the Bridle Paths, trim the trees and bushes on adjacent Lots and remove any structures, natural or man-made, which may interfere with a full use of the Bridle Paths, see Article IV, Section 4.14 below.
(e) Maintain Outlot A as a natural park for the benefit of the Members;
(f) Do all such other and further acts which the Board deems it necessary to preserve and protect the Common Area and the beauty thereof, in accordance with the general purposes specified in this Declaration.
The Board shall be the sole judge as to the appropriate maintenance of all Common Areas and other properties maintained by the Association. Any cooperative action necessary or appropriate to the proper maintenance and upkeep of said properties shall be taken by the Board or by its duly delegated representative.
4.14 Modification of Bridle Paths. The Association has determined that certain portions of the Bridle Paths as designated on the Property plats, specifically those portions depicted on Exhibit “A” attached hereto and incorporated herein by reference, are unsuitable for riding because of the existing typography. Such portions of the Bridle Paths are to be hereafter designated as “Unimproved Bridle Path Areas” & shall be posted thereon, “Danger: Ride at Own Risk” until such time as these areas are improved and deemed safe by the Association, The association sure have no obligation whatsoever to maintain such areas for equestrian usage.
4.15 Contracts with Others for Performance of Association’s Duties. Subject to the restrictions and limitations contained herein, the association may enter into contracts and transactions with others and such contracts or transactions shall not be invalidated or in any way affected by the fact that one or more Board members or officers of the Association or members of any committee is employed by or is otherwise connected with the contracting party, provided that the fact of such interest shall be disclosed or known to the other Board Members acting upon such contractor transaction and provided further that the transaction or contract is fair and reasonable. Any such Board member, officer or committee member maybe counted in determining the existence of a quorum at any meeting of the Board work committee of which he is a member which shall authorize any contractor transaction described above, but such interested Board member, officer or committee member should not be permitted to vote on such issue.
5.1 Annual Assessments. In order to provide for the uses and purposes specified herein, including maintenance of all of the Common Areas, and the establishment of a covenant enforcement funds and replacements and maintenance reserves, the Board each year commencing with the fiscal year beginning October 1, 1993, Shall assess against each Lot an Annual Assessment. The amount of the Annual Assessment Shelby based upon an annual budget which shall be proposed by the Board and which must be approved by the Members at the Association’s annual meeting. The budget shall be determined with the objective of fulfilling the Association’s obligations under this Declaration. The Annual Assessments shall be uniform as to each Lot.
5.2 Special Assessments for Capital Improvements and Extraordinary Expenses. In addition to the Annual Assessments authorized the above, the Association may levy, in any Assessment Period, a Special Assessment applicable to that period only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of any Common Area or of a capital improvement on any Common Area, including fixtures and personal property related thereto, or for the purpose of differing other or extraordinary expenses, provided that any such Assessment shall be approved by two thirds thirds of the votes of the Members present in person or by proxy at a special meeting of the Members duly called for that purpose.
At such a special meeting a quorum shall be equal to fifty (50%) percent of the Membership. Should a quorum not be obtained such meeting, a second meeting shall be called within sixty (60) days of the date of the first meeting. A quorum for such seconds meeting shall be equal to twenty-five (25%) percent of the Membership. Should a quorum is still not be obtained, subsequent meetings may be called to consider the Special Assessment, and at such meeting the required quorum shall be one half of the quorum specified at the previous meeting.
Once a Special Assessment has been approved, the Board shall establish a due date therefore and shall determine whether or installment payments will be permitted. Special Assessments as set forth in Article V Section 5.1 above.
5.3 Establishment of Annual Assessment. The period for which the Annual Assessment is to be levied ( the Assessment Period) shall be the Association’s fiscal year, October 1 to September 30. The
Book 7024 Page 222
Board in its sole discretion from time to time make change the assessment. By recording in the Arapahoe County Record and instruments specifying the new Assessment Period. The Association shall promptly give notice of such new Assessment Period to each Member.
5.4 Assessment of Certain Costs of Maintenance and Repair of Common Areas. In the events that the need for maintenance or repair of Common Areas or other areas maintained by the Association is caused by the willful or negligent acts of any Member, his family, Tenant, guests or invitees, The cost of such maintenance or repairs shall be deemed a Maintenance Assessment and shall be separately addressed against such Member and the Member’s Lot. The cost of maintenance repair shop be deemed to include any and all attorneys fees and/or similar costs expended by the Association to enforce payment of the Maintenance Assessment. Payments of such maintenance repair costs, including attorneys’ fees, Shelby do immediately upon notice of such assessment amount two said Member and shall be secured by the Assessment Lien.
5.5 Assessment of Certain Costs of Improper Maintenance, Use of Lot or Other Violations. In the event (i) any portion of any Lot is so maintained as to present a public or private nuisance, or is so as to distract from the appearance or quality of the surrounding Lots or Common Areas or of Chenango, I shall be determined in the sole discretion of the Architectural Control Committee , or (ii) any Owner modifies or constructs improvements upon his Lot without the approval of the Architectural Control Committee , or in a manner other than as approved by the Architectural Control Committee ; or (iii) any portion of any Lot is being used in any manner which violates this Declaration, or (iv) the Owner of any Lot shall fail to perform any of his obligations under this Declaration or of the Association Rules, then the Architectural Control Committee may by resolution make a finding to such effect specifying the particular condition work conditions which exist. The Architectural Control Committee shall provide written notice, by certified mail, return receipt, Or by hand delivery with receipt, to the offending Owner that unless corrective action is taken within twenty- one (21) days (or such shorter period as the circumstances may reasonably require) the Committee make cause any required corrective action to be taken at the Owner’s cost, or begin to assess any fines authorized elsewhere herein, unless such decision is appealed by the Owner as set forth below. (in the case of construction or modification to a Lot not approved by the Architectural Control Committee , corrective action shall be deemed to properly include the removal of the unapproved structure or landscaping.) If at the expiration of said period the requisite corrective action has not been taken, or an appeal has not been properly entered, the Architectural Control Committee shall be authorized and empowered to call such corrective action To be taken and the cost thereof shall be deemed a Compliance Assessment and shall be separately assessed against such noncomplying Member and the Member’s Lot. If
Book 7024 Page 223
the assessment of a fine is authorized elsewhere herein, the Association need to not take any corrective action. In that event, the finds themselves shall be deemed Compliance Assessments. For purposes of this Section 5.5, corrective action shall include, but not be limited to, repair, cleanup, maintenance, painting, paving, improvement or landscape or removal. The costs of any required corrective action shall be deemed to include any and all attorneys’ fees and/or similar costs expended by the Association to enforce payments of the Compliance Assessment. Payment of such corrective action costs, Including attorneys’ fees, shall be due immediately upon notice of such assessments amount just said Member and be secured by the Assessment Lien.
An Owner may appeal the decision of the Architectural Control Committee to require corrective action, by submitting written notice to the Architectural Control Committee and to the Board of Directors. Such notice shall specify clearly which finding of the Architectural Control Committee the Owner challenges. The notice must be sent by certified mail, Return receipt, Or be hand delivered with receipt and shall be received by the Architectural Control Committee and the Board of Directors prior to the end of the twenty- one day period (or such shorter period) as specified in the Committee’s notice of violation.
The Architectural Control Committee and the Board of Directors shall, within twenty-one days receipt of the Owner’s notice of appeal, convene a joint meeting of the Committee and the Board to hear the Owner’s appeal. The Owner may present evidence and witnesses at such joint meeting. The Owner’s appeal shall be determined by the majority vote of the Board and majority vote of the Committee. If in the event one segment of the joint meeting votes in favor of the Owner and the other segment votes against, then the Owner shall prevail in his appeal. Such appeal shall be the Owner’s sole and exclusive remedy.
During pendency of any appeal (i) the Owner shall stop any work or other activity which the Committee claims is a violation of these covenants; and (ii) the Architectural Control Committee shall take no corrective action on the Owner’s Lot.
5.6 Creation of Lien and Personal Obligation for Assessments. Each Owner of a Lot within the Property, by acceptance of a deed therefore is deemed to covenants and agree to pay the Association the following Assessments and charges: (1) Annual Assessments established by Article V Section 5.1; (2) Special Assessments for Capital improvements or other extraordinary expenses or costs established pursuant to Article V Section 5.2; (3) Maintenance Assessments established pursuant to Article V Section 5.4; (4) Compliance Assessments established pursuant to Article V Section 5.5 and (5) such other charges including, but not limited to, interest, costs, and attorneys’ fees as may be permitted or
Book 7024 Page 224
required by this Declaration. All such Assessments shall be established and collected as hereinafter provided.
All sums assessed pursuant to any provisions of this Declaration, but unpaid on the due date, shall constitute a lien on such Lot in favor of the Association. Such lien shall be superior to all other liens and encumbrances, accepting tax and special assessment liens in favor of governmental assessing authorities and all sums and paid on a first Mortgage encumbering a Lot. To evidence such lien, the Association shall prepare a written notice Setting forth the amount of such unpaid indebtedness including accrued interest and late charges, the name of the non-paying Owner and a description of said Owner’s Lot. Such a notice shall be signed by one of the members of the Board of Directors or managing agent and shall be recorded in the office of the Clerk and Recorder of Arapahoe County, Colorado. Such lien shall also secure any costs and expenses, including attorneys’ fees, incurred by the Association in the preparation of the lien notice, The foreclosure of the lien or collection of the sums due as shown therein.
Sale or transfer of any Lot shall not affect the Assessment Lien; provided, however, that if the sale or transfer is pursuant to a foreclosure of a mortgage or deed of trust to which the Assessment Lien is subordinate, or pursuant to any sale or proceeding in lieu thereof, the purchaser at the mortgage foreclosure or public trustee sale, or any grantee taking by deed in lieu a foreclosure, shall take the Lot free of the Assessment Lien for all Assessments that have accrued up to the date of issuance hey Young what you doing; but upon the date of issuance of a sheriff’s or trustee’s deed for deed in lieu of foreclosure, the Assessment Lien with respect to Assessments accruing from and after such date immediately shall become and remain superior to any and all other charges, liens and encumbrances (except to liens, taxes and other public charges which by applicable law are expressly made superior), and such mortgage or deed of trust foreclosure sale purchaser or grantee your shell take subject to all Assessments, and the Assessment Lien thereof accruing subsequent to the date of issuance of a sheriff’s or trustee’s deed for deed in lieu of foreclosure.
Each Owner hereby agrees that the Association’s lien on a Lot as hereinbefore described Shelby superior to the homestead exemption provided by Section 38-41-201, C.R.S. et. seq. (1973, as amended) and each Owner hereby agrees that the acceptance of a deed or other instrument of conveyance to any Lot shall signify search grantee’s waiver of such homestead rights.
Each Annual, Special, Maintenance, Compliance Assessment, together with interest, costs, and reasonable attorneys’ fees and such other charges as are permitted in this Declaration shall be the personal obligation of the person he was the Owner of the Lot at the time the Assessment fell due. The personal obligation of an
Book 7024 Page 225
Owner to pay Assessments which accrue during the period of his Ownership of a Lot shall not pass to the successors in title of such Owner unless expressly assumed by them.
The lien shall be discharged by recordation of a release only after payment in full of the delinquent amount, plus costs, attorneys’ fees, and interest is made to the Association. The Association may charge a fee to the Owner to record such discharge or release of lien. The cost for preparation, filing of liens and releases shall be treated as a collection cost of the Association and shall be secured by the Assessment Lien.
5.7 Billing and Collection Procedures. Annual Assessments Shall be due in full thirty (30) days after each annual meeting of the Members , Special Assessments Shall be due as specified by the Board unless otherwise determined by resolution of the Members of the Association approving the Special Assessment, and Maintenance and Compliance Assessments Shall be due immediately upon notice of such Assessments. Any Owner who disputes the amount of any Assessment for the power of the Association to levy it may challenge such Assessment in any court of appropriate jurisdiction but only after having made full and timely payment thereof. Failure to make such payment within six (60) days of the due date thereof shall be deemed and your irrevocable waiver of any right to challenge the amount of such an Assessment for the power of the Association to Levy it.
The Board shall have the rights to adopt rules and regulations setting forth procedures for the purpose of making, billing and collecting the Assessments provided for herein, provided that such procedures are not inconsistent with the provisions of this Declaration. The failure of the Association to send a bill to the Member shall not relieve any Member of his liability for any Assessment under this Declaration. The Assessment Lien for any Assessment or other charge shall not be foreclosed until the expiration of sixty (60) days from and after the Assessment or other charge giving rise to the Assessment Lien becomes due and payable. The Association shall be under no duty to refund any payments received by it even though the ownership of a Membership changes during an Assessment Period; successor Owners of Lots shall be given credit for prepayment, on a prorated basis, made by prior Owners.
5.8 Collection Costs and Interest on Delinquent Assessments. Any Assessment or installments there of not paid when due shall be deemed delinquent and shall bear interest from the date due until paid at a simple interest rate equal to 18% per annum, and the Member shall also be liable for all costs, Including attorneys’ fees which may be incurred by the Association in collecting same.
5.9 Assessment Certificate. Upon receipt of a written request to by a Member, the Association within a reasonable period of
Book 7024Page 226
time thereafter shall issue to such Member a written certificate stating (a) that all Assessments have been paid with respect to any specified Lot as of the date of such certificate or (b) if all Assessments have not been paid, The amount and nature of any Assessment(s) due and payable as of such date. The Association or its agents may charge a reasonable fee for the issuance of such certificates and may require that such charges be paid at the time of the request for any such certificate is made. Any such certificate when issued as provided herein shall be conclusive and binding with respect to any matters stated therein and maybe relied upon by any bona fide purchaser of the described a Lot or lender on the Lot in question.
5.10 Property Exempt from Assessment and Assessment Liens. Common Areas and Lots owned by the Association shall be exempt from Assessments and should not be subject to an Assessment Lien.
5.11 Association’s Rights of Enforcement. The Association, as the agent and representative of the Owners, shall have the right (either directly or through the Architectural Control Committee ) to enforce the covenants set forth in this Declaration and/or any and all covenants, restrictions, reservations, charges, servitude’s, Assessments, conditions, liens or easements provided for in any contract, Deed, declaration or other instrument which (a) shall have been executed pursuant to the provisions of this declaration or (b) otherwise shall indicates that the provisions of such instrument were intended to be enforced by the Association. Such enforcement rights shall include the assessment rights set forth in Sections 5.4 and 5.5 hereof and such legal rights available under Colorado law in law or inequity. The Association may file suit to enjoin any action of a non-complying Owner or Resident, to seek damages from such Owner or Resident and to remedy any violation. Prior to the commencement of any such lawsuit, however, the Board of Directors must approve of the initiation and prosecution of such action by the Architectural Control Committee . Every act, omission or condition which violates the terms of this Declaration (or any rules or regulations promulgated hereunder) shall constitute a continuing nuisance.
If the Association or the Architectural Control Committee shall fail or refuse to enforce this Declaration or any provision hereof for an unreasonable period of time after written request to do so is made by not less than five (5) Members, than any single Member may enforce said covenants I'm behalf of the Association but not at the expense of the Association, by any appropriate action, weather in law or in equity. A Member, however, shall not have the assessment powers granted to the Association in this Article V. If any such Member enforcing this Declaration or any provision hereof on behalf of the Association shall be successful in such action, then in addition to any other right or remedy which may be granted such Member by the courts in such action such Member shall be entitled to recover his reasonable attorneys’ fees and court costs
Book 7024 Page 227
in connection with such action from the party (other than the Association ) who is unsuccessful in such action.
If any Member fails to pay an Assessment or installation thereof when due, the Association may enforce the payment thereof by taking either or both of the following actions, Concurrently or separately (and, by exercising either of the remedies set forth hereafter, the Association does not prejudice or waive its right to exercise any other remedy):
bring an action outlaw and recover judgment against the Member personally obligated to pay the Assessment;
foreclose the Assessment Lien against the Lot in accordance with and then prevailing Colorado law relating to the foreclosure of mortgages (including the right to recover any deficiency) and the Lot maybe redeemed after foreclosure sale as provided by law
5.12 Attorneys’ Fees and Costs to be Borne by Member. Article V, Section 5.11 above, the Member shall be personally liable for the Association’s costs and expenses including, but not limited to, its attorneys’ fees, as set forth in this Article V. All of the Association’s attorneys’ fees and costs shall be recoverable whether such fees and costs are incurred in connection with an action filed to enforce the Covenants or otherwise. An assessments for such fees and costs maybe levied without determination by any court that such fees and costs are reasonable or that the Association is the prevailing party in any legal action.
5.13 Subordination of Assessment Liens to Certain Mortgages or Deeds of Trust. The Assessment Lien provided for herein shall be subordinate to any first mortgage lien held by, or first deed of trust of which the beneficiary is, a bona fide lender who has loaned funds with a Lot as security, and shall also be subject and subordinate to liens for taxes and other public charges which by applicable law are expressly made superior thereto.
EASEMENTS, OWNERSHIP AND USE OF COMMON AREAS
6.1 Utility Easements. Pursuant to the Plat of the Property, the Property, the Property is subject to easements upon, across and over such Lots as are shown in said Plats for the installation, repair and maintenance of all utility and service lines and systems. Pursuant to said easements, The appropriate utility or service company may install and maintain facilities and equipment
Book 7024 Page 228
on such Lots as are subject to said easements. No sewers, Electric lines, water lines, or other utilities or service lines installed or located on any portion of the Property except as shown on the platted easements.
6.2 Use of Utility Easements. No Owner shall engage in any activities which may damage or interfere with the the utility lines within the easements.
6.3 Use and Enjoyment of Common Areas. An easement for the use of the Common Areas of the Property (including, but without limitations, the outlets and the Bridle Paths) is hereby reserved, granted and conveyed to the Owners of the Lots in the Property. Such easement shall be passed with title to each and every Lot . Each Member may, subject to the Association Rules and this Declaration and to the limitations contained therein and herein use and enjoy the Common Areas for the purposes for which they're intended on a non-exclusive basis in common with the other Owners and their guests and invitees and may delegate such rights to use and enjoy the Common Areas to his guests and invitees.
The Association may promulgate such rules and regulations as shall be reasonable to control the use of the Common Areas from time to time. The Association reserves the right to limit the number of guests any Member may bring upon said areas.
6.4 Use Restrictions. No use shall be made of the Common Areas which will in any manner violate the statutes, ordinances, rules or regulations of any governmental authority having jurisdiction over the Common Areas. No activity shall be conducted on any part of the Common Areas which will permanently deny free access to such areas to other Owners of Lots within the Property.
6.5 Association’s Easements. The Association so have an easement over all Common Areas for the purpose of inspecting, maintaining, repairing and improving said areas. Such a right shall include the rights to construct temporary buildings and to bring upon the Common Areas such equipment and materials as may be necessary to permit the Association to meet its duties under this Declaration.
ARCHITECTURAL CONTROL COMMITTEE
7.1 Purpose. It shall be the principal purpose of the architectural control Committee to foster the private nature of the Lots, the opening of View corridors, the preservation of the existing natural landscape, and the health and the safety of the Members. The Committee shall undertake to ensure that any structures on a Lot shall blend in with the existing residences on
Book 7024 Page 229
the Property and shall be harmonious with the surrounding trees and natural features of the Property. To that end, the Committee may limit the height of any structures, which limitations may be site specific, and may further regular development on any Lot by specifying one of more building locations for a Dwelling Unit to be constructed thereon. It shall also be the duty of the Committee to enforce the covenants, restrictions, reservations, shares, servitudes, conditions and easements of this Declaration, the Bylaws and Association Rules.
7.2 Construction of Improvements. No improvements, alterations, demolitions, repairs, excavation, grading, filling, damning, redirection of natural surface drainage channels, landscaping, removal of living trees having a diameter of more than two (2”) inches or other work which in any way alters the exterior appearance of any Lot, or the improvements located thereon, shall be made or done without the prior approval of the Architectural Control Committee. No Building, fence wall, residence, or other structure, or any exterior lighting, shall be commenced, erected, improved, altered, or made without the prior written approval of the Architectural Control Committee. All subsequent additions to or changes to any Lot or exterior improvements located thereon shall be subject to the prior written approval of the Architectural Control Committee. No changes or deviations from the plans once approved by the Architectural Control Committee shall be made without the prior written approval of said Committee.
7.3 Establishment. There is hereby established an Architectural Control Committee, which Committee shall be consist of five )5) voting Members and one (1) Member who shall be a Member of the Board and that Member shall have voting rights only when his or her vote is necessary to establish a quorum. Such Committee shall review and consider for approval all plans for modifications to or creation of improvements upon the Lots, including landscaping changes, and shall determine whether the covenants, Association Rules and other Building and Design Regulations have been complied with as to any particular Lot. The Committee may adopt procedural rules and regulations for the performance of such duties as them deem appropriate. Members of the Architectural Control Committee need not be architects or other professionals, however, they must be Owners of a Lot in the Property or the resident spouse of an Owner. The Members need not possess any special qualifications of any type except as may be established from time to time by the procedural rules set by the Architectural Control Committee.
The Architectural Control Committee shall hold meetings as necessary and a quorum for a meeting shall consist of a majority of the Members of the Committee, and the concurrence of a majority of said Members shall be necessary for any decision of the Architectural Control Committee. The primary obligation of the Architectural Control Committee shall be to enforce the Building and Design Regulations of Chenango and to review and approve any
Book 7024 Page 230
plans for construction of improvements to any portion of the Property for compliance with said regulations and with the covenants of this Declaration. It shall also, however be the duty of the Committee to to enforce the Covenants, restrictions, reservations, shares, servitudes, conditions and easements of this Declaration, the Bylaws and Association Rules. In its enforcement of the terms of this Declaration, the Committee shall have such enforcement powers as are stated in Article V. hereof.
7.4 Election of Architectural Control Committee Members. Five (5) of the Architectural Control Committee Members shall be elected by the Association members at the Annual Meeting. The sixth Member of the Committee, who shall be a Member of the Board, shall be appointed by the Board. Upon the removal or the death, incapacity or resignation of any one of the Members of the Architectural Control Committee, the remaining Committee Members shall forthwith appoint a successor who shall serve for the balance of the departing member’s term. Each Member of the Architectural Control Committee shall have a term of two (2) years, unless earlier removed. The Members’ terms shall be staggered.
7.5 Fees. The Architectural Control Committee may impose additional fees to cover its reasonable costs for review of plans submitted pursuant to Article VIII, Section 8.2 hereof and for processing appeals and reviewing revised plans.
7.6 Submission of Plans. Any Owner desiring to do or cause to be done any work requiring prior written approval of the Architectural Control Committee, as set forth in Article VII, Section 7.2 above, shall submit to the Architectural Control Committee one complete set of plans therefor. Such plans shall include plot plans showing the location of the work, specifications showing the exterior design, height, building materials, and color schemes of such improvement,, the location and size of driveways, fencing, walls, and windbreaks, the grading plan, detail concerning proposed landscape improvements (including a Lot’s initial landscaping improvements), landscaping changed and the specific recommendations of professionals as provided in Article VIII, Section 8.2 hereof. The Architectural Control Committee may require that any such Owner submit additional or supplemental plans or information before being required to commence review of any plans submitted by such Owner.
7.7 Approvals. The Architectural Control Committee shall approve or disapprove completed plans within thirty (30) days after the receipt of all plans required pursuant to Section 7.6 above, said thirty (30) day period shall begin on the day following the first regularly scheduled Architectural Control Committee meeting at which such plans are considered. If no approval is provided by the Architectural Control Committee within that period, the plans shall be deemed approved. The plans with the approval or disapproval endorsed thereon shall be retained by the Architectural
BOOK 7024 PAGE 231
Control Committee for its permanent files. The Architectural Control Committee shall have the right to disapprove any plans submitted to it in the event (i) the same are not in accordance with all of the provisions of the covenants and the design regulations herein contained, (ii) the same are incomplete, or (iii) the Committee deems the intended improvements, or any part thereof, are not in harmony with the general character and the aesthetics of the community, or are contrary to the interests, welfare or rights of all or any part of the Property or the Owner of any Lot. It is understood that the Architectural Control Committee shall be liable in any manner for any action taken or failure thereof pursuant to this subsection.
7.8 Preliminary Plans. The Architectural Control Committee shall, on request consider and discuss preliminary or sketch designs with Owners, their architects or other agents in order to facilitate the approval process to themutual benefit of all parties. However, the approval of preliminary or sketch designs by the Committee shall in no way alter or diminish the requirements or approval of the complete and final plans as described herein, nor shall it bind the Committee in its decision based on such complete and final plans.
7.9 Covenant Enforcement Fund. The Association’s annual budget shall include each year an amount, not less that $3,000.000, to be set aside into a Covenant Enforcement Fund. Such fund shall be utilized for the purpose of paying the costs, including reasonable attorneys; fees, incurred by the Architectural Control Committee in the enforcement of these covenants, or the rules and regulations promulgated hereunder. Any sums, remaining in the Covenant Enforcement Fund at the end of the fiscal year shall remain in said fund for use during any subsequent year.
7.10 Limitation of Liability. Neither the Association, not any Member of the Board, the Architectural Control Committee, or any Member thereof, shall be responsible in any way for defects in any plans submitted, revised, or approved in accordance with the foregoing provisions. nor for any structural or other defects in any work done according to such plans. Approval of the Committee shall not constitute a warranty or guarantee of the safety or adequacy of the work to be done or the conformance thereof with building codes or other governmental laws or regulations.
BUILDING AND DESIGN REGULATIONS
8.1 Square Footage/Height/Setback Requirements. Any Dwelling Unit erected wholly or partially on any Lot shall contain a minimum
BOOK 7024 PAGE 231
living area in the main structure, exclusive of garages, basements, porches, patios, decks, overhangs, terraces, or other unfinished living areas, of 3200 square feet. All exterior surfaces of any building shall be of materials and of a door approved by the Architectural Control Committee. All Dwelling Units and outbuildings shall have tile, Permatek® (Remove and add stone coated steel) or cedar shake shingle roofs unless otherwise approved by the Architectural Control Committee. A minimum three (3) car garage shall be required, and shall be at least twenty (20) feet deep and twenty-five (25) feet wide and contain a minimum of five hundred (500) square feet. Garage doors shall not open toward the street except with the consent of the Architectural Control Committee. No building shall exceed thirty-five (35) feet in height as measured from the highest natural ground level adjacent to such building to the highest point of the ridge line of such building unless approved by the Architectural Control Committee. The Architectural Control Committee reserves the right to require a smaller house on such Lot as it deems necessary to preserve views of surrounding neighbors. No building shall be erected or maintained on any Lot nearer than forty (40) feet from the front Property line of said Lot and no building shall be erected or maintained on any Lot, nearer than twenty-five (25) feet from any side or rear Lot line. If any dispute arises as to what constitutes a front, rear or side line, the decision of the Architectural Control Committee shall be final; however, said decision must be consistent with any ruling of the County of Arapahoe.
8.2 Professional Review of Certain Matters. The Architectural Control Committee shall not approve the construction of any dam or any lake, pond, or pool without a watertight liner or of any redirection of natural surface drainage channels, in each case without having first received the opinion of a licensed engineer or geologist that such work will have no material adverse effects on the stability of the lands within the Property or on subsurface drainages, wells, or springs within the Property; nor shall the Committee approve of the construction of any Dwelling Unit without having received the specific recommendations of a licensed engineer or geologist as to the bearing capacity of soils and the general suitability of the site for construction. The cost of obtaining any such opinion or recommendation shall be borne by the party seeking such approval. The Committee may, but need not, accept such opinion or recommendation from a licensed engineer or geologist representing such party. In general, the Committee may require such other professional review of work requiring its approval as it deems appropriate under the circumstances, in each case at the expense of the party seeking the approval.
8.3 Trees, Garden Areas, and Landscaping. The initial, basic landscaping plan shall include, for each Lot, at a minimum, six evergreen trees, each with a minimum height of eight feet (8’) and six (6) deciduous trees, each with a minimum caliper of one inch (1”). Such initial landscaping plan shall be completed, in
BOOK 7024 PAGE 233
accordance with the Architectural Control Committee’s approval, within nine (9) months after a Dwelling is initially occupied. Should this not occur, a monthly fee, as determined by the Architectural Control Committee, will be assessed against the Lot until such time as the required landscaping work is completed. Such fines shall be accrue after submission to the Owner of written notification by certified mail, return receipt requested or by hand delivery with receipt. Those fines shall constitute a Compliance Assessment in accordance with Article V, Section 5.5 hereof. No living tree or trees, whether now or hereafter grown upon any part of the Property, shall be cut down without the prior written approval of the Architectural Control Committee; provided, however, that this restriction shall not apply unless such tree is more than 2 inches (2”) in caliper as measured one fool (1’) above grade, and provided further that this restriction shall not be construed to limit in any way reasonable trimming of any trees within the Property. A family garden not to exceed one thousand (1,000) square feet is permissible, but no additional ground shall be broken for farming purposes. If outdoor lighting or awnings are to be installed on any building or structure, the proposed landscaping plan must contain the location and specifications for same. Prior to commencement of any construction of any fence, screening wall, retaining wall, arbor, gazebo, patio cover, hot tub, jacuzzi, roof, other permanent addition or landscaping, and prior to any planting of trees or shrubs, written approval of the Architectural Control Committee shall be obtained in accordance with Article VII, Section 7.2 hereof. All landscaping improvements, )except for initial landscaping improvements, as specified above), shall be completed within three (3) years after approval of plans by the Architectural Control Committee, or the Plan must be resubmitted to the Architectural Control Committee for reconsideration. All Lots shall be carefully maintained and kept free from plants infected with noxious insects or plant diseases which, in the opinion of the Architectural Control Committee, are likely to spread to other properties.
8.4 Domestic Water Wells/ Water Rights. In accordance with the Colorado Division of Water Resources’ specifications for Chenango, Chenango wells may not be used to fill ponds, pools or lakes. Individual domestic wells drilled into the Dawson Formation must be used for barn and in-house purposes and may not be utilized to irrigate more than four thousand (4000) square feet of lawn and garden area, wells must be drilled into the Denver Formation and each well may not be utilized to irrigate more that twelve thousand five hundred (12,5000) square feet of lawn and garden area. Trees and other drip irrigation areas shall not be considered as or included in lawn or garden areas. No water rights may be sold or conveyed to any Owner (except to the purchaser of the Owner’s Lot) without the Association’s prior written consent.
BOOK 7024 PAGE 234
8.5 Surface Water. All surface drainage, whether offsite or onsite, shall be permitted to freely pass through all Lots as required in order to reach its natural destination. All natural drainage ways shall be maintained in their existing condition and/ or capacity. No primary or secondary structures, fences, or other obstructions will be allowed within the 100 year old flood limits as shown on file with Arapahoe County. Any rechannelization or regrading of Lots shall be such that the historic draining route is not realigned so as not to cause possible problems with the adjacent Property owners. No material change may be made in the ground level, slope pitch or draining patterns of any Lot as fixed by the original finish grading except after first obtaining the prior written approval of the Architectural Control Committee. Grading shall be maintained at all times so as to protect foundations and footings from excess moisture.
All downspouts from gutters must have an extension or a splash block at the bottom, carried out from the wall of the Dwelling Unit at least 5 feet (5’) to provide positive drainage away from the Dwelling Unit. Said extensions or splash boxes are to be installed simultaneously with the downspout.
8.6 Fences. In order to preserve the existing natural quality and aesthetics of the Property, no fences will be erected including dog runs or construction fences unless approved in writing by the Architectural Control Committee. Three rail split rail fences shall be acceptable after location of the proposed fence is approved by the Committee. No barbed wire, snow, chain, lodge pole, peeled post and rail, steel T-Post and wire or chain link fences will be permitted. Vinyl clad chain link fences around tennis courts and special fencing required to comply with the Arapahoe County regulations for swimming pools must be submitted to the Architectural Control Committee for review and approval. The Architectural Control Committee shall have discretion to require that any fences be constructed in such a manner as to be as invisible as possible to neighboring Lots. Fencing for pets may be constructed by attaching a woven wire material approved by the Architectural Control Committee to split three rail fencing, below the top railing, after approval of the fencing plan has been obtained from the Architectural Control Committee.
8.7 Antennas. No exterior radio, short wave, television satellite dish, or other type of antenna shall be installed unless approved by the Architectural Control Committee. Satellite dish requests must be submitted with a landscaping plan which shall include sufficient evergreens to screen the dish from adjacent Lots, excluding southern exposures.
8.8 Tanks. No propane, water, or other tanks which extend above ground shall be erected, placed or permitted on any Lot.
BOOK 7024 PAGE 235
8.9 Septic Tanks. Unless otherwise approved by the Architectural Control Committee, no septic tanks or field systems shall be nearer than forty feet to the Lot lines of any Lot.
8.10 Commencement/ Completion of Construction. Before any construction or landscaping may be commenced upon any Lot in the Property, written approval of the plans by the Architectural Control Committee pursuant to Article VII, Section 7.7, and all applicable building permits must be obtained. Construction of any buildings or any other structures must be completed within eighteen (18) months of the date of the Architectural Control Committee approval, or the Plans shall be re-submitted to the Architectural Control Committee for re-approval. No Dwelling Units shall be occupied unless and until a certificate of occupancy has been obtained for the same from the appropriate County building department. Landscape improvements must be completed within three (3 ) years after the date of County approval, except that the initial landscape improvements, as specified in Article VIII, Section 8.3 above, must be completed within in (9) months of the date of initial occupancy of the Dwelling Unit.
8.11 Modification to Design Regulations / Additional Design Regulations. The Architectural Control Committee may promulgate and distribute to the Owners of Lots within the Property additional, specific design regulations for construction and improvement of Dwelling Units upon the Lots. None of the design regulations shall conflict with the provisions of this Declaration. The terms and conditions of this Article VIII may be amended by a majority vote of the Members of the Architectural Control Committee, a majority vote of the Members of the Board of Directors and by not less that fifty-one (51%) percent of the record Owners of Lots in the Property.
LAND USE RESTRICTIONS
9.1 County Regulations. Zoning ordinances, rules and regulations of the County of Arapahoe, State of Colorado, are considered to be a part hereof, and to any extent that these covenants might establish minimum requirements which conflict with the minimum requirements established by said zoning ordinances, the more restrictive will apply.
9.1 County and State Regulations. Zoning ordinances, rules and regulations of the County of Arapahoe, State of Colorado, are considered to be a part hereof, and to any extent that these covenants might establish minimum requirements which conflict with the minimum requirements established by said zoning ordinances, the more restrictive will apply.
9.2 Residential Purposes. All Lots on the Property shall be used for residential purposes and no building shall be erected or placed on any Lot other that one private single-family dwelling, together with a private attached garage and such outbuildings as are customarily appurtenant to such a dwelling. An “outbuilding”/ as the word is used herein, is intended to mean an enclosed covered structure not directly attached to the dwelling which it serves.
BOOK 7024 PAGE 236
9.3 Business Activity- Nuisances. No externally visible trade or business activity shall be conducted, carried on or practiced on any Lot or in a residence or Dwelling Unit constructed thereon. This is a prohibition that shall include auctions and garage sales, estate sales or other similar activities, unless approved in advance by the Architectural Control Committee. Such request for approval must include plans for parking, placements and amount of signs and the ration of activity. Drilling for water and pumping and disposal of thereof are not prohibited. No Owner of a Lot shall suffer or permit any residence or Dwelling Unit erected thereon to be used or employed for any purpose that we'll constitute a nuisance in law or that will detract from the residential value of said Lot or any other Lot in the Property.
No rubbish or debris of any kind shall be placed or permitted to accumulate upon any Lot and no odors shall be permitted to arise therefrom so as to render any such Lot Or any portion thereof, in the opinion of the Architectural Control Committee, unsanitary, unsightly, offensive or detrimental to any other Lot or to its occupants. No noise or other nuisance shall be permitted to exist or operate upon any lot so as to be, in the opinion of the Architectural Control Committee, offensive or detrimental to any other Lot or its occupants. Without limiting the generality of any of the foregoing provisions, no horns, whistles, bells, or other sound devices (other than security devices used exclusively for security purposes) shall be located, used or placed on any Lot without the prior written approval of the Architectural Control Committee.
9.4 Animals. No cows, pigs, horses, chickens, poultry, rabbits or other livestock shall be raised, browns, bred, maintained, or cared for upon any Lot other than as hereinafter provided or unless approved by the Architectural Control Committee. An Owner of a Lot may, at any one time, keep on his Lot no more than two (2) mature horses and one immature horse. (A mature horse shall be deemed any horse older than one year). In order to prevent over grazing, such livestock shall be kept in a small corral which does not exceed thirty-five (35%) percent of the Lot size (remaining after any exceptions for Bridal Paths), and the shall be allowed only to occasionally graze on remaining native grass areas owned and fenced by the Owner. A building and other structure, conforming to the building and design regulations specified in Article VIII, must be completed within one hundred and eighty (180) days from the date a horse(s) is moved onto an Owner’s Lot. Nothing herein contained shall prevent any Owner from maintaining, keeping and caring for domestic, household pets not maintained for commercial purposes; however dogs, cats and other household animals shall not be allowed to run at large off of their Owner’s Lot. Such animals shall, when off of their Owner’s Lot, be on a leash or under the couch control of their Owners at all times. All Lots must be maintained in a clean and odor-free condition. Each Owner of a pet shall be financially responsible and liable for any damage caused by said Owner’s pet, and shall be responsible for the pickup and disposal of any excrement deposited by his pet.
BOOK 7024 PAGE 237
9.5 Unsightly Articles, Storage, Trash. No unsightly article shall be permitted to remain on any Lot of on streets and drives within the Property so as to be visible from adjoining property. All equipment, garbage cans or wood piles shall be kept screened by adequate planting or fencing so as to conceal them from view of the Bridle Paths, neighboring Lots and streets. All rubbish, trash or garbage shall be regularly removed from the Property, and shall not be allowed to accumulate thereon. Storage areas, compost piles and facilities for hanging, drying, or airing clothing or household fabrics shall be appropriately screened from view. No lumber, grass, plant waste shrub or tree clippings, metals, bulk materials, or scrap shall be kept, stored or allowed to accumulate on any portion of the Property except within an enclosed structure or in an area appropriately screened from view. Snow removal equipment as well as garden and maintenance equipment shall be kept at all times in an enclosed structure except when in actual use and now repair or maintenance work shall be done on any of the foregoing, or on any motorized vehicle, other than minor emergency repairs, except in an enclosed garage or other structure. All vegetation throughout the entire Property, with the exception of trees, march grasses, shrubs, Yuccas and other landscaping plants, shall be limited to twelve inches in height.
9.6 Temporary Structures. No structure of a temporary character nor any trailer, mobile home, basement, tent, shack, garage, barn, or other outbuilding shall be erected or maintained on any Lot at any time as a residence, either temporarily or permanently. No temporary building or structure, shall be placed on any portion of the Property without the prior approval of the Architectural Control Committee.
9.7 Signs. The placement, construction or maintenance of billboards, “for rent” or “for sale” signs shall be located on any Lot only at Ground level. The size of all such signs shall be limited to six square feet per side, per sign. No more than one (1) sign per Lot will be permitted, unless the Lot borders on more than one (1) street, in which case one sin will be permitted adjacent to each street, not to exceed two (2) signs. When an open house is held and then and only when a sales representative is present on the Lot, one (1) “open house” sign meeting the above requirements will be permitted. In case of an open house and in the event that the subject Lot is not readily visible from either East Long Avenue or East Jamison Avenue, then one (1) “open house arrow” sign (not to exceed two (2) square feet in area per side) will be permitted at the intersection of the street upon which the subject Lot is located and the closer of East Long Avenue or East Jamison Avenue. In the event an open house is being held at more than one (1) Lot on the same street and such Lots are not readily visible from either East Long Avenue or East Jamison Avenue, then one (1) “open house arrow” sign (the first one up) will be permitted at the common intersection described above. All “open
BOOK 7024 PAGE 238
house” signs and “open house arrow” signs shall be removed upon completion of each open house session )when the sales representative(s) vacate the subject Property). In no event will and “for sale”, “for rent”, “open house”. “open house arrow”, “garage sale” signs or any advertising signs of any nature be permitted at any of the Common Areas or common entranced to Chenango. With the exception of the permitted signage described above, no pasteboards, advertising structures, or advertising signs of any nature, balloons, banners, or flags will be permitted on any Lot or on any of the Common Areas without the prior approval of the Architectural Control Committee.
9.8 Campers or Trailers / Parking. No Campers, mobile homes, trailers, boats, buses or other similar recreational equipment and no tractors, mowers, horse trailers, commercial equipment, or similar vehicles shall be kept on any street on the Property unless specifically permitted in writing by the Architectural Control Committee.
9.9 Drilling or Mining. No oil or gas drilling, oil or gas development operations, oil refining, quarrying or mining operation of any kind shall be permitted upon or in any Lot, nor shall oil or gas wells, tanks, tunnels, mineral excavations, or shafts be permitted upon or in any Lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted on any Lot.
9.10 Bridle Path Restrictions. The Bridle Paths are not intended for use by the general public; but rather have been conveyed and dedicated to the Association for the exclusive use and benefit of the Members of the Association. The Bridle Paths are subject to the utility and drainage easements as may be shown on the Plats of the Property or as may be otherwise necessary. Motorized vehicles shall be excluded from the Bridal Path except as may be reasonably necessary for constructions, maintenance and repairof the Paths by the Association. If access to an Owner’s Lot for repair, construction or maintenance purposes can only be reasonably attained over the Bridle Path, the periodic vehicular access for such limited purposes shall be permitted. In this regard, any use of the Bridle Paths by vehicles requires return of the Bridle Path to its original condition. No fencing shall in any way obstruct the Bridle Paths or interfere with their intended use by equestrians.
9.11 Hunting. No hunting of mammals, reptiles of birds within the Property shall be permitted otherwise then with the approval of the Architectural Control Committee to eliminate a nuisance or to protect the health, safety and welfare of Owners.
9.12 Firearms. No firearms shall be discharged within the Property
BOOK 7024 PAGE 239
9.13 Maintenance / Repair of Buildings. No building, structure or other improvement on any Lot shall be permitted to fall into disrepair or to remain otherwise than in good, sanitary and rightful condition and each such building, structure and improvement shall at all times be kept in good condition and repair and adequately painted or otherwise finished. In the event any building, structure or improvement is damaged or destroyed then, within one-hundred and eighty (180) days after such event, but subject to the approvals required by Article VII, Section 7.2 above, such building, structure or improvements shall be immediately repaired or rebuilt or shall be demolished and the site revegetated.
9.14 Dead Vegetation. All dead vegetation or otherwise hazardous material shall be promptly removed. Any dead vegetation may be replace with a replacement plant(s) without prior approval of the Architectural Control Committee. However, this provision, which is to facilitate fire protection, shall not require any Owner to remove live trees or landscaping vegetation.
9.15 Health Safety and Welfare. In the event any additional uses, activities and facilities are deemed by the in the Architectural Control Committee to be a nuisance or to adversely the health, safety or welfare of Owners of Lots within the Property, the Architectural Control Committee may make recommendations to the Board of Directors to make rules restricting or regulating the presence of such uses, activities and facilities on the Property as part of the Association Rules.
9.16 Amendment of Land Use Restrictions. The terms and conditions of this Article IX may be amended by a majority vote of the Architectural Control Committee, a majority vote of the Members of the Board of Directors and by not less than fifty-one (51%) percent of the record Owners of Lots in the Property.
The Architectural Control Committee, by a majority vote of its members, in its sole discretion, may grant reasonable variances and exemptions from and adjustments of any of the covenants in this Declaration in order to overcome practical difficulties and prevent unnecessary hardships in the application thereof; provided, however, that such is done in conformity with the intent and purposes of this Declaration and provided also that in every instance such variances, exceptions or adjustment shall minimize developmental impact according to the spirit of these covenants and shall not be materially detrimental or injurious to any other Lot or to the Common Area.
BOOK 7024 PAGE 240
ANNEXATION OF ADDITIONAL Property
Additional lands may become subject to this Declaration upon petition of the Owner thereof and upon approval in writing of the Owners of not less than seventy (70%) percent of the Lots within the Property. Evidence of such an annexation may be made by recording in the public records for Arapahoe County a document signed by the Board Members of the Association, which document evidenced the approval of the requisite number of Lot Owners to such annexation. Such instrument shall contain a legal description of the real property to be made subject to these covenants. Upon the recordation of such and instrument, the Property described therein shall be subject to the covenants contained in this Declaration.
12.1 Interpretation of the Covenants. Except for judicial construction, the Association, shall have the exclusive right to construe and interpret the provisions of this Declaration. In the absence of any adjudication to the contrary by a court of competent jurisdiction, the Association’s construction or interpretation of the provisions hereof shall be final, conclusive and binding as to all persons and Property benefitted or bound by the covenants and the provisions hereof.
12.2 Severability. Any determination by any court of competent jurisdiction that any provision of this Declaration is invalid or unenforceable shall not affect the validity or enforceability of any of the other provisions hereof.
12.3 Rules Against Perpetuities. If any interest purported to be created but he is Declaration is challenged under the Rule against Perpetuities or any related rule, the interest shall be construed as becoming cold and of no effect as of the end of the applicable period of perpetuities computed from the date when the period of perpetuities starts to run on the challenged interest; the lives in being for computing the period of perpetuities shall be (a) those which would be used in determining the validity of the challenged interest, plus (b) those of the issue of the Board who are living at the time the period of perpetuities starts to run on the challenged interest.
12.4 Change of Circumstances. Except as otherwise expressly provided in the Declaration, no change of conditions or circumstances shall operate to extinguish, terminate, or modify any of the provisions in this Declaration.
BOOK 7024PAGE 241
12.5 Gender and Number. Wherever the context of this Declaration so requires, words used in the masculine gender shall include the feminine and neuter genders; words used in the neuter gender shall include the masculine and feminine genders; words used in the singular shall include the plural; words used in the plural shall include the singular.
12.6 No Waiver / Limitations. The failure of the Owners, the Architectural Control Committee, or the Association to enforce any of the conditions, covenants, restrictions, or reservations herein contained shall in no event be deemed to be a waiver of the right to do so for subsequent violations or of the right to enforce any other conditions, covenants, restrictions or reservations herein contained shall in no event be deemed to be a waiver of the right to enforce any other conditions, covenants, restrictions or reservations, and the Owners and the Architectural Control Committee shall not be liable therefore.
12.7 Captions and Titles. All captions, titles and headings of the articles and sections in the Declaration are for the purpose of reference and convenience only and are not to be deemed to limit, modify or otherwise affect any of the provisions hereof or to be used in determining the intent or context thereof.
12.8 Notice. Any notice permitted or required to be given under this Declaration shall be in writing and may be given either personally or by mail, facsimile or telegraph. If served on a Member by mail, each notice shall be sent postage prepaid addressed to such Member as the address of public record or the address given by such Member to the Association for the purpose of service of such notice and shall be deemed given, if not actually received earlier, at 5:00 p.m. on the third day after it is deposited in a regular depository of the United States Postal Service. Such address may be changed from time to time by notice in writing to the Association.
12.9 Violation of Law. Any violation of any federal, state, municipal or local law, ordinance, rule of regulations, pertaining to the ownership, occupation or use of any property within the Property in hereby declared to be a violation of this Declaration and shall be subject to any and all of the enforcement procedures set forth in the Declaration.
A F T E R R.Eco~ING R E T U R N T o : Altitude Community Law P.C. 555 Zang St., Suite 100 Lakewood,CO 80228
AMENDED AND RESTATED DECLARATION
OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CHENANGO
THIS AMENDMENT is made this~day of Feb 7, 2019. RECITALS
A. The Chenango Homeowners Association ("Association") was created by recording a Declaration of Covenants, Conditions and Restrictions for Chenango in the real property records of Arapahoe County, Colorado, in Book 2729 at Page 479 on February 22, 1978 (the "Original Declaration"); Whereas the Declaration was amended on several occasions and an Amended and Restated Declaration of Covenants. Conditions and Restrictions for Chenango was recorded on July 3; 1994 at Reception No. 9300087825 ("Declaration").
B. The Declaration provides for and allows for this Limited Amendment to the Amended and Restated Declaration of Covenants, Conditions and Restrictions (the "Amendment") in Article III, Section 3.2 of the Declaration, which provides, in pertinent part, as follows:
The terms of these covenants, conditions and restrictions may be amended, modified or terminated only by an instrument signed by not less than seventy (70%) percent of the record Owners ofLots in the Property.
C. Pursuant to C.R.S. §38-33.3-317(1), the 70% approval requirement is void and replaced with 67% o f the record Owners o f Lots.
D. The purpose of this Amendment is to require Owner approval for modifications to a specific agreement with Kings Point.
E. Pursuant to the Colorado Common Interest Ownership Act, C.R.S. §38-
33.3-217(1), 67% or more of the record Owners of Lots have approved this Amendment.
2 of 3
I. Amendments. The Declaration is hereby amended asf ollows:
(a) Addition. The following sentence is added at the end of Article IV, Section 4.1:
Notwithstanding anything in this Declaration or other governing documents of the Association, any modifications to or settlements of the agreement between the Association and Kingspoint Limited Liability Company, dated February 28, 2002, must be approved by Owners representing at least a majority of all Lots in the Association.
II. No Other Amendments. Except as amended by the terms of this Amendment and previous amendments, the Declaration shall remain in full force and effect.
IN WITNESS WHEREOF, this Amendment is executed by the undersigned. Chenango Homeowners Association, a Colorado nonprofit corporation