DECLARATION OF COVENANTS
DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS FOR
SUMMIT VIEW SUBDIVISION
THIS DECLARTION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR SUMMIT VIEW SUBDIVISION ("Declaration") is made this 27th day of March, 2002, by Severance West, LLC, a Colorado limited liability company ("Declarant"), dba Summit View Subdivision;
RECITALS
A. Declarant is the owner of real property ("Property") in the Town of Severance, County
of Weld, State of Coiorado, legally described as all of Summit View Subdivision, Town of Severance, Weld County, Colorado.
B. Declarant desires to impose a general plan for the improvement, development and
maintenance of the Property, and to adopt and establish covenants, conditions and restrictions upon the Property for the purpose of enhancing, maintaining and protecting the value and desirability of the Property.
C. Declarant deems it desirable to set aside a portion of the Property as common areas for
the use of the owners of the Property, and to establish a Colorado nonprofit corporation, Summit View Subdivision Homeowners Association (the "Association"), to which such common areas from time to time shall be conveyed.
THEREFORE, Declarant covenants, agrees and declares that the Property shall be held, sold, conveyed, encumbered, leased, used, occupied and improved, subject to the following limitations, restrictions, easements, covenants, conditions, reservations, liens and charges, all ofwhich are declared and agreed to be in furtherance of a general plan for the improvement and development of the Property. All of the limitations, restrictions, easements, covenants, conditions, liens and charges shall run with the land, shall bind and benefit of all parties having or acquiring any right, title or interest in the Property or any part of it and the successors in interest of such parties, and are imposed upon the Property and every part of it as equitable servitudes which may be enforced by the Declarant, its successors and assigns, each Owner, his or her successors and assigns, or by the Association, its successors and assigns.
ARTICLE I DEFINITIONS
Section 1.01. "Articles" shall mean the Articles of Incorporation of the Association, as they may be amended from time to time.
Section 1.02. "Association" shall mean and refer to Summit View Subdivision Homeowners Association, a nonprofit corporation, incorporated under Colorado law.
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Section 1.03. "Association Water" shall mean and refer to all shares of the capital stock of and any other water or water rights, ditch or ditch rights, reservoir or water storage rights appurtenant to any portion of the Property or used in connection with any portion of the Property and owned or controlled by the Association,
Section 1.04. "Board" or "Board of Directors" shall mean the Board of Directors of the Association.
Section 1.05. "Bylaws" shall mean the Bylaws of the Association as they may be amended from time to time.
Section 1.06. "CCIOA" means the Colorado Common Interest Ownership Act presently codified at 38-33.3-101, et seq., as it may subsequently be amended from time to time.
Section .1. 07 . "Common Area" shall mean any and all real property, and the improvements and fixtures on it owned or leased by the Association for the common use and enjoyment of the Members including without limitation Outlot A, Block 1, plus any street or other lighting fixtures owned or controlled by the Association and signage on any Common Area or for the general benefit of the Subdivision or Owners, whether or not located in the Common Area. The Common Area shall be as shown on the recorded plat of the Property and described in the Map.
Section 1.08. "Common Expenses" shall mean and include expenditures made and liabilities incurred, by or on behalf of the Association.
Section 1.09. "Conveyance" shall mean and refer to conveyance of a fee simple title, or lease of any part of the Property.
Section 1.10. "Declarant" shall mean and refer to Severance West, LLC, a Colorado limited liability company, its successors and assigns designated in writing to be the successor of Declarant, subject to any limitation on transfer of special declarant rights contained in this Declaration or CCIOA.
Section 1.11. "Lot" shall mean and refer to each numbered lot of the Property described in the Map. Boundaries of a Lot shall be as shown and confirmed on the Plat Map of the Subdivision as recorded and amended.
Section 1.12. "Unimproved Lot' shall be a Lot upon which no improvements have been constructed.
Section 1.13. "Improved Lot" shall be a Lot upon which improvements have been constructed.
Section 1.14. "Member" shall mean and refer to every person or entity who holds a membership in the Association as provided in Section 2.01.
Section l.15. "Mortgage" shall mean any mortgage or deed of trust or other conveyance of a Lot, or any interest in it, including, but not limited to, the improvements on it, to secure the performances of an obligation.
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Section 1.16. "Mortgagee" shall mean and include mortgagees, trustees, beneficiaries and holders of a Mortgage, and the holders of any indebtedness secured by Mortgage,
Section 1.17. "Mortgagor" shall mean and include mortgagors and trustees under deeds of trust which are Mortgages.
Section 1.18. "Owner" shall mean and refer to Declarant and to any person or entity holding a record fee simple ownership interest in any Lot which is a part of the Property, including contract purchasers, but excluding Mortgagees (unless and until a Mortgagee acquires record fee ownership) and those having such interest merely as security for the performance or an obligation.
Section 1.19. "Subdivision" shall mean all of the Property, and improvements thereon, subject to this Declaration or any amendment to this Declaration.
Section 1.20. "Assessment" shall mean and refer to any or all of the following:
(a) "Regular Assessment". shall mean and refer to a charge against each Lot
representing that portion of the Common Expenses attributable to such Lot as provided for in Section 4.04.
(b) "Special Assessment' shall mean and refer to a charge against any Lot for
certain costs incurred by the Association or Declarant for materials or services furnished to the Owner or his Lot at the request of or on behalf of such Owner, or as a result of any Owner failing to maintain any portion of his Lot in accordance with the provisions of this Declaration, or as a result of the negligence, recklessness, or willful misconduct of any Owner, his employees, guests or invitees, or for excessive use or special use of the services or facilities provided by the Association, including, but not limited to, parking, trash removal and maintenance of improvements, or for any other purpose for which this Declaration specifies the imposition of a special assessment.
(c) "Capital Improvement Assessment" shall mean and refer to a charge against
any Lot representing a portion of the cost of the Association for the installation, construction, expected or unexpected repair or replacement of any capital improvements (including the necessary fixtures and personal property related to it) on the Common Area or any other portion of the Property upon which the Association may be required to install, maintain, repair or replace any capital improvements as provided in this Declaration, including without limitation reserves for repair or replacement of existing capital items and acquisition, construction, and installation of new improvements.
Section 1.21. "Residence" means the single family dwelling unit located on a Lot,
Section 1.22. "Irrigation Facilities" shall mean and refer to all improvements, equipment, facilities, and other real and personal property owned, operated, or maintained by the Association for the purpose of delivering water to the Lots and Common Area for irrigation purposes, and shall
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include, but nm be limited to, all pumps, pipes, pipelines, risers, connectors, controls, siphons, filters, valves, and related parts and materials located in, under, or upon easements within the Subdivision, or .elsewhere outside of the Subdivision.
Section 1.23. "Map" or "Plat Map" means the plan map of the Property attached to this Declaration pursuant to tile requirements of CCIOA and includes the plat of the Property if a separate plat is attached to this Declaration. THIS MAP MAYBE CHANGED IN THE FUTURE AND DOES NOT MEAN THE SUBDIVISION OF LOTS SHOWN HAS BEEN APPROVED BY ANY GOVERNMENTAL AUTHORITY.
Section 1.24. "Property Manager" shall mean a person or entity hired by the Association as an independent contractor to oversee such tasks as may be delegated to the Property Manager by the Board of Directors from time to time.
ARTICLE II THE ASSOCIATION
MEMBERSHIP; VOTING RIGHTS~ DECLARANT CONTROLS
Section 2.01. Membership. Every Owner of one or more Lots in the Property shall be entitled and required to be a Member of the Association, subject to the voting rights provisions of this Article II. No person or entity other than an Owner of one or more Lots in the Property may be a Member of the Association. No Owner shall be entitled to sever his ownership interest in a Lot from membership in the Association; provided that this shall not be construed as precluding the Owner of a Lot from creating or severing a co-tenancy, joint tenancy or any other form of co-ownership with any other person or persons.
Section 2.02. Allocation of Votes. Each Lot shall be allocated one (1) vote in the Association, subject to Section 2.05.
Section 2.03. No Cumulative Voting. In the election of directors, cumulative voting shall not be allowed.
Section 2.04. Membership Appurtenant. Membership in the Association shall be appurtenant to and inseparable from a Lot. Membership in the Association may not be transferred except in connection with the transfer of ownership of a Lot and shall be automatically transferred by conveyance of a Lot without additional action or documentation.
Section 2.05. Directors of the Association. The affairs of the Association shall be managed by a board of no less than three (3) directors initially. When Declarant relinquishes control of the Board to the Owners pursuant to Section 2.06(a), the Board shall be managed by at least five (5) directors. Directors shall meet the qualifications described in the Articles and Bylaws.
Section 2.06. Management of the Association.
(a) Notwithstanding anything stated elsewhere in this Declaration, until the earliest
of: (a) ten (10) years after the date of recording of this Declaration in the offices of the Weld County, Colorado Clerk and Recorder; (b) sixty (60) days
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after conveyance of 75 % of the Lots which may be created to Owners other than Declarant; or, (c) two (2) years after the last conveyal"1Ce of a Lot by Declarant in the ordinary course of business, Declarant may appoint and remove all Association officers and all members of the Board of Directors of the Association, subject to the limitations stated in this section.
(b) Not later than sixty (60) days after conveyance of 25 % of the Lots which may
be created by the terms of this Declaration to Owners other than Declarant, at least one member, and not fewer than 25 % of the members, of the Board of Directors must be elected by the Owners of Lots other than Declarant.
(c) Not later than sixty (60) days after conveyance of 50% of the Lots whic!1 may
be created by the terms of this Declaration to Owners other than Declarant, not fewer than 33-113 % of the members of the Board of Directors must be elected by Owners other than Declarant.
(d) Upon the termination of the period of Declarant control specified in subsection
2.06(a) of this Article, the Owners shall elect a Board of Directors of at least five (5) members, who must be Owners other than Declarant or designated representatives of Owners other than Declarant. The Board of Directors so elected and officers shall take office upon termination of the period of Declarant control specified above.
(e) Notwithstanding anything to the contrary stated elsewhere in this Section 2.06,
by a vote of sixty-seven percent (67 %) of all persons present and entitled to vote at any meeting of the Owners at which a quorum is present, any member of the Board of Directors may be removed with or without cause, other than a member appointed by Declarant.
Section 2.07. Quorum. A quorum will be deemed present throughout any meeting of the Association if persons entitled to cast 20 % of the votes which may be cast for election of the Board of Directors of the Association are present in person or by proxy at the beginning of the meeting. A quorum will be deemed present throughout any meeting of the Board of Directors of the Association if persons entitled to cast 50% of the votes on the Board are present at the beginning of the meeting.
ARTICLE III
PROPERTY RIGHTS IN THE LOTS AND COMMON AREA
Section 3.01. Title to the Common Area. No later than upon conveyance of 75 % of the Lots to Owners other than Declarant, Declarant shall convey fee simple title to the Common Area to the Association free and clear of all liens and encumbrances, except this Declaration, then current real property taxes (prorated to the date of conveyance), and liens and encumbrances and other title exceptions of record on the date of recording of this Declaration.
Section 3.02. Members' Easements of Enjovment. Every Member shall have a non-exclusive right and easement in and to the Common Area, including, but not limited to, an easement for ingress
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and egress over and through the Common Area. Each such easement shall be appurtenant [0 and shall pass with the title to every Lot, subject to the following provisions:
(a) The Association shall have the right to adopt uniform rules and regulations
pertaining to the use and enjoyment of the Common Area;
(b) The Association may borrow money and encumber (by mortgage, deed of trust
or otherwise) the Common Area or any part of it for the purpose of improving t.1-je Cornmon Area, provided any such encumbrance shall be expressly subordinate to the rights of the Members;
(c) The right of the Association to suspend a Member's voting rights and Common
Area Use for any period during which any Assessment against his Lot remains unpaid and delinquent, and for a period not to exceed thirty (30) days for any single infraction of the rules and regulations of the Association; provided that any suspension of such voting rights, except for failure to pay Assessments, shall be made only by the Association or a duly appointed committee thereof, after notice and hearing given and held in accordance with the Bylaws;
(d) The right of the Association to dedicate or transfer all or any part of the
Common Area to any pubile agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless an instrument in any number of counterparts signed by Members entitled to cast two-thirds of the votes has been recorded, agreeing to such dedication or transfer, and provided written notice of the proposed action is sent to every Member no less than thirty (30) days nor more than (60) days in advance;
(e) The right of Declarant or its designees to enter upon the Common Area for
purposes of construction and development of the Subdivision and for purposes of making repairs and remedying construction defects; provided such entry shall not interfere with the use of any Improved Lot unless authorized by the Lot Owner; and
(f) The right of the Association to charge reasonable admission and other fees for
the use of any recreational facility situated upon the Common Area.
Section 3.03. Delegation of Use. Any Member may delegate in accordance with the Bylaws, his right of enjoyment to the Common Area to the members of his family, his licensees and invitees, or to his tenants or contract purchasers who are in possession of such Member's Lot.
Section 3.04. Waiver of Use, No Member may exempt himself from personal liability for Assessments duly levied by the Association nor release the Lot owned by him from the liens and charges created by CCIOA and this Declaration, by waiver of the use and enjoyment of the Common Area or the facilities on it or by abandonment of his Lot.
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Section 3 .05. General Restrictions. All Owners of LOIS by their acceptance of their respec[ive deeds, covenant and agree that the Common Area shall remain undivided, and no Owner shall bring any action for partition, it being agreed that this restriction is necessary in order to preserve the rights of Owners with respect to the operation and management of the Property.
Section 3.06. Use of Outlot A. Block 1. Despite anything to the contrary stated elsewhere in this Declaration, Outlot A, Block 1 shall be used only for open space or other use which will not conflict with its function as an area for storm water runoff and detention. This Section shall not be amended without the consent of the Town of Severance.
ARTICLE IV COVENANT FOR ASSESSMENTS
Section 4.01. Creation of the Lien and Personal Obligation of Assessments. The undersigned, for each Lot within the Property (including any Lots subsequently added under Section 13.05), covenants (and each Owner of any Lot by acceptance of a deed for that Lot, whether or not [ shall be so expressed in that deed, is deemed to covenant and agree) to pay to the Association: (a) all Assessments and charges levied against that Lot; (b) all fees, charges, late charges, attorneys fees, fines, collection costs, interest and other sums charged pursuant to this Declaration or as allowed by Section 38-33.3-316(1), C.R.S. or any other provision of CCIOA (as it may be subsequently amended) or by any other applicable law.
All items set forth in this Section, from the time such items become due, shall be a charge on and covenant running with the land and shall be a continuing lien on the Lot against which each such item is charged. If an Assessment is payable in installments, each installment is a lien from the time it becomes due, including the due date set by any valid Association acceleration of installment obligations. A valid acceleration of installment Assessment obligations may be made by the Board a[ any time any Assessment installment is at least thirty days overdue.
~ach such item, together with interest, costs, and reasonable attorneys fees, shall also be the joint and several personal obligation of each person and entity who was the Owner of the Lot at the time when the item became due; provided that, this personal obligation shall not pass to an Owner's successors in title unless expressly assumed by them. No Owner may be exempt from liability for Assessments by waiver of use or enjoyment of Common Area, Association Water, or other assets or benefits of the Association, or by abandonment of any Lot.
The Association's lien on a Lot for Assessments shall be superior to any homestead exemption now or hereafter provided by the laws of the State of Colorado or any exemption now or hereafter provided by the laws of the United States. The acceptance of a deed to a Lot subject to this Declaration shall constitute a waiver of the homestead and any other such exemption as against such Assessment lien.
Section 4.02. Purpose of Assessments. The Assessments levied by the Association shall be used exclusively for: Common Expenses; to promote the health, safety, or welfare of the residences in the Property; or for the benefit of the Common Area or Association Water; or for any other purpose of the Association, as those purposes are specified by this Declaration, the Articles, or as otherwise authorized by CCIOA or other applicable law.
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Section 4.03. Initial Assessment.
(a) The initial Regular Assessment for Common Expenses of the Association shall
be fixed in an amount set by, and made upon the resolution of, the Board of Directors of the Association.
(b) After any Assessment has been made by the Association, Regular Assessments
shall be made no less frequently than arL'1ual1y based on a budget adopted by the Association as described elsewhere in this Declaration. Assessments may include, without limitation, Capital Improvement Assessments and allocations for reserves for repair or replacement of existing capital items and acquisition, construction, and existing capital items and acquisition, construction, and installation of new improvements, all to the extent set forth in the approved budget upon which such Assessment is based.
(c) Until the Board of Directors of the Association makes an Assessment, all
expenses of the Association shall be paid by Declarant.
Section 4.04. Date of Commencement of Assessments; Due Dates. The first Regular Assessment for Common Expenses shall be adjusted according to the number of months remaining in the calendar year for which the Assessment is made, if less than a full year. Thereafter, the Board shall fix the amount of the annual Regular Assessment against each Lot at least thirty (30) days in advance of each annual Assessment period. Written notice of the annual Regular Assessment shall be sent to every Owner subject to the Assessment. The due date(s) shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the Assessments on a specified Lot have been paid. Special Assessments and Capital Improvement Assessments may be made by the Board at any time, except as limited by the Declaration, CCIOA or other applicable law.
Section 4.05. Expense Allocation. Except as otherwise stated in this Section, or as otherwise provided by CCIOA or other applicable law, each Lot shall be allocated a fraction of the Common Expenses of the Association in which the numerator is one and the denominator is the number of Lots then in the Subdivision. If permitted by CCIOA or other applicable law, any Common Expense or portion of any Common Expense benefiting or caused by fewer than all Lots shall be assessed exclusively against the Lots benefited by or causing the Common Expense or other cost or expense.
Section 4.06. Priority of Lien. The lien for Assessments, which includes without limitation all those items specified in item (a) and (b) in Section 4.01 of this Article IV shall have the priority specified in CCIOA which, as of the date of the Declaration, is codified at Section 38-33.3-316(2), C.R.S. or other applicable law.
ARTICLE V BUDGET AND RECORDS
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Section 5.01. Books and Records. The Board of Directors shall cause to be maintained a full set of books and records showing the financial condition or the affairs of the Association in a manner consistent with generally accepted accounting principles. All books, records, and papers or the Association shall be available for inspection and copying by any Member or his representative during regular business hours at the principal office of the Association. The Board of Directors may establish reasonable rules concerning notice to be given the custodian of the records by anyone desiring to inspect them, and payment of reproduction costs by the requesting Member.
Section 5.02. Annual Budget. The Board of Directors shall cause to be prepared no less than annually an operating budget, balance sheet, and cash flow statement for the Association.
Section 5.03. Delivery of Budget. Within thirty (30) days after adoption of any proposed budget, the Board of Directors shall mail, by ordinary first-class mail, or otherwise deliver a summary of the budget to all Owners and shall set a date for a meeting of the Owners to consider ratification of the budget not less than fourteen (14) nor more than sixty (60) days after mailing or other delivery of the summary ..
Section 5.04. Ratification of Budget. Unless at the meeting Owners representing a majority of all Lots reject the budget, the budget is ratified, whether or not a quorum is present.
Section 5.05. Rejection of Bud2et. In the event that the proposed budget is rejected, the budget last ratified by the Owners must be continued until such time as the Owners ratify a subsequent budget proposed by the Board of Directors.
Section 5.06. Reserve Fund. As part of each annual budget, the Board of Directors shall include an amount which, in its reasonable business judgment, will at least establish and maintain an adequate reserve fund for the placement of any personal property, fixtures, and improvements required to be operated or maintained by the Association based upon age, remaining life, replacement cost, and any other relevant factors.
ARTICLE VI
NONPA YMENT OF ASSESSMENTS
Section 6.01. Delinquency. Any Assessment provided for in this Declaration which is not paid when due shall be delinquent. If any such Assessment is not paid within thirty (30) days after the delinquency date, the Assessment shall bear interest from the date of delinquency at a rate not to exceed the maximum rate of interest (presently 21% per annum) permitted by CCIOA or other applicable law. The Association may, at its option, bring an action at law against the Owner personally obligated to pay the same or, upon compliance with the notice provisions set forth in Section 6.02 below, foreclose the lien provided for in Section 4.01 above against the Lot(s) as to which the Assessment has not bee paid, and in either case there shall be added to the amount of such Assessment and interest thereon, all costs which may be incurred by the Association in its collection thereof, including reasonable attorney's fees. Each Owner vests in the Association or its assigns the right and power to bring all actions at law or institute judicial foreclosure proceedings against such Owner or other Owners for the collection of such delii1quent Assessments.
June 1, 2014
RESOLUTION FOR SUMMIT VIEW SUBDIVISION HOME OWNER'S ASSOCIATION TO ADOPT THE POLICIES AS HEREIN DESCRIBED AND AS STATED IN SECTION 5 OF COLORADO REVISED STATUTES 38-33.3-209.5, CONCERNING THE FUTURE COLLECTION OF PAST DUES, PENALTIES, AND ASSESSMENTS.
I. Annual HOA Dues are to be paid my members by January 31st of each year. Any unpaid dues will be considered past due and delinquent if not paid by February 1st of each year.
II. Interest will be imposed on all past due accounts at the rate of 24% per annum, 2.0% per month.
III. A six month payment plan will be offered if requested in writing by a delinquent member. This plan would be the total of dues owed plus accrued interest divided by six (6). Upon non-payment of this plan, account will be turned over to attorney for filing of lien and further collection options. Attorney fees and costs will be added to the delinquent account.
IV. The legal remedies that will be used to collect a delinquent account will include turning account over to an attorney or collection agency, a lien filed with Weld County against the property, a lawsuit being filed against the property owner, the filing and foreclosure of a lien against the property, and any other collection remedy available under Colorado Law.
This proposed resolution was read, discussed, edited, and voted upon by the Summit View Board of Directors on Tuesday May 6th, 2014. The resolution was passed unanimously by the Board of Directors, and confirmed by signing below. This resolution will be added as an amendment to the Declaration of Covenants of the Summit View Subdivision Home Owner's Association.
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Section 6.02. Foreclosure Sale. Any foreclosure sale related to an Assessment lien is to be conducted in accordance with those provisions of the laws and rules of the courts of the State of Colorado applicable to the foreclosure of mortgages, or in any other manner then permitted or provided by applicable law. The Association, through its duly authorized agents, shall have the power to bid on the Lot at foreclosure sale, and to acquire and hold, lease, mortgage and convey the same in the name of the Association.
Section 6.03. Curing of Default. Upon the timely curing of any Assessment delinquency the Association is authorized to file or record, as the case may be, a certificate setting forth the satisfaction of such claim and release of such lien, upon payment by the defaulting Owner of a fee, to be determined by the Association, to cover the costs of preparing and filing or recording such release, and other expenses incurred.
Section 6.04 Cumulative Remedies The Assessment lien and the rights of foreclosure and sale under it shall be in addition to and not in substitution for all other rights and remedies which the Association and its assigns may have under this Declaration and then applicable law, including without limitation a suit to recover a money judgment for unpaid Assessments, as above provided.
ARTICLE V ARCHITECTURAL CONTROL
Section 7.01. Architectural Approval. All improvements on any Lot shall be in compliance with the zoning approved by the Town of Severance. No building, fence, wall, sign or other structure shall be commenced, erected or maintained upon the Property (including the Common Area), nor shall any exterior addition to or change or alteration (including without limitation painting, landscaping, irrigation systems, fences, trash receptacles) be made until plans and specifications showing the nature, kind, shape, height, materials, location and other relevant information of the same have been submitted to and approved in writing by the Architectural Control Committee (the "Committee") as to harmony of external design and location in relation to surrounding structures, topography and other matters specified in this Article VII except for Sections 7.06 through 7.13 and the first sentence of this Section 7.01; provided, however, that Declarant and any successor Declarant shall not be required to comply with the provisions of this Article VII. In the event said Committee, or its designated representatives fails to approve or disapprove such plans in writing within fifteen (15) days after a plan has been submitted to it, the plans will be deemed to have been approved ..
Section 7.02. Plan Submittal Procedure. AU plans and specifications required to be submitted to the Committee under Section 7.01 must be submitted in the form of a complete application. A complete application shall mean submission by the Owner of three (3) copies of finished working drawings and specifications complying with provisions outlined in this Article.
Section 7.03. Plan Requirements. Residence plans must consist of: exterior elevations, a plot plan including property lines, set backs, easements, structures, driveways, any accessory structures, fences, proposed grading, plus floor plans indicating square footage. Exterior colors shall also be submitted.
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Section 7.04. Permits and Fees. The Owner shall apply for and pay all fees for all permits and inspections required by the governing authorities and codes for any improvements covered by this Article VII.
Section 7.05. Completion. Approved projects must be completed within the later of six (6) months after issuance of a building permit or within six months after approval by the Committee if no building permit is required. Failure to complete work within the prescribed time may cause the approval to be rescinded and resubmittal will be required. The Committee may grant an extension under extenuating circumstances brought to its attention.
Section 7.06. Building Size. In considering the design of proposed improvements, the Committee shall consider, without limitation, maintaining compatibility with the natural setting of the Property and not permitting any proposed Residence or other improvement to dominate the surrounding Residences and area. Minimum square footage of heated living area for a Residence (excluding garage, enclosed patios and decks, attics and unheated storage areas) in Summit View Subdivision shall be 900 square feet for all Lots.
Section 7.07. Repetition of Residence Design. The exterior design of a Residence shall not be repeated within three (3) adjacent lots (Lots separated by a street are not considered adjacent). A design can be used within the three adjacent lots if the exterior design is substantially changed. Such substantial change shall include, but does not need to be limited to: roof configuration, siding window location, window sizes, garage door and front entrance. The Committee will have the right to decide if the design meets these requirements.
Section 7.08. Exterior Colors. Semi-transparent or solid colors in moderate hues only are acceptable, and must be approved by the Committee. The color combination for the body and trim of a Residence may not be repeated by any other adjacent Living Unit within two (2) Lots (Lots separated by a street are not considered adjacent).
Section 7.09. Roofs. Roofs must be architectural asphalt shingle with at least a thirty (30) year life, unless otherwise approved by the Committee. A minimum four (4) in twelve (12) pitch shall be maintained on all roofs. All roof colors must be of a moderate hue as approved by the Committee.
Section 7.10. Exterior Walls. All Residences shall have at least twenty-five percent (25%) brick, rock, stone or comparable material highlights, approved by the Committee, on the front of all homes. All elevations or each Residence shall be of cedar, redwood, oriented stranded board, cement board or other approved material, in a tongue and groove, lap siding, or board and bat pattern, or of a masonry or stucco veneer.
Section 7.11. Windows. Windows shall be or a design and color complementary to the exterior of the Residence. Window frames of mill finished aluminum will not be allowed.
Section 7.12. Drivewavs. All driveways shall be composed of concrete unless otherwise approved by the Committee.
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Section 7 .13. Structures. Only new construction shall be permitted in the Subdivision. No structure shall be built or placed on the Property without submittal to, and approval by, the Committee in accordance with this Article VII.
Section 7. 14. Time of Construction. Subject to the time limits stated in Section 7.05, all projects approved by the Committee shall be diligently commenced and completed in compliance with this Declaration and all applicable laws, ordinances and codes. In addition, each Owner acquiring from Declarant any Lot(s) on which a Residence is not located at the time of purchase shall commence construction of a Residence within one year after the date of purchase, unless an extension is granted by the Committee prior to the expiration of that one year period.
ARTICLE VI .
ARCHTECTURAL CONTROL COMMITTEE
Section 8.01. Composition of the Committee. The Committee shall consist of three (3) or more persons appointed by the Board of Directors of the Association; provided, however, that until Declarant has conveyed all Lots to Owners other than the Declarant, or until ten (10) years after the date of the recording of this Declaration in the office of the Clerk and Recorder of Weld County, Colorado, whichever occurs earlier, Declarant shall appoint the Committee. Reasonable effort shall be made to have a licensed architect as a Committee member. The power of the Declarant to "appoint", as provided herein, shall include without limitation the power to: initially constitute the membership of the Committee, appoint member(s) to the Committee upon the occurrence of any vacancy, and for whatever reason to remove any member of the Committee, with or without cause, at any time, and appoint a successor; and each such appointment may be made for such term(s) of office, subject to the aforesaid power of removal, as may be set from time to time in the discretion of the Declarant. AU improvements within the Property constructed by Declarant during the period in which it appoints the Committee shall be deemed approved by the Committee without the issuance of any writing evidencing such approval.
Section 8.02. No Liability. Neither Declarant or the Association, nor the Committee or its members, shall be liable in damages to anyone submitting plans or specifications to them for approval, or to any owner of property affected by these restrictions by reason of a mistake in judgment, negligence or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve or disapprove any such plans or specifications. Any Owner submitting, or causing to be submitted, any plans or specifications, agrees and covenants on behalf of himself and his heirs, successors, legal representatives, and assigns that he will not bring any action or suit at law or in equity against the Declarant, the Association, the Committee, or any of the Members thereof to recover any such damage_
Section 8.03. Notice of Noncompliance or Noncompletion. Notwithstanding anything to the contrary contained in this Declaration, after the expiration of one (1) year from the date of completion of construction of any improvements wit.1:lin the Property, such improvements shall, in favor of purchasers and encumbrances in good faith and for value, be deemed to be in compliance with all the provisions in this Article VIII, unless actual notice of such noncompliance and noncompletion, executed by the Committee or its designated representatives, shall appear of record in the office of the County Recorder of Weld County, Colorado, or unless legal proceedings shall have been instituted to enforce compliance or completion.
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Section 8.04. Rules and Regulations. The Committee may from time to time, in its sole discretion, adopt, amend and repeal rules and regulations interpreting and implementing the provisions of this Article VIII.
Section 8.05. Variances. Where circumstances (such as topography, location of property lines, location of trees, or other matters) require, t.T1e Committee, by the vote or written consent of a majority of the Members thereof, may allow reasonable variances evidenced in writing as to any of the covenants, conditions or restrictions contained in the Declaration under the jurisdiction of the Committee, on such terms and conditions as it shall require. The granting of a variance shall not operate to waive on any other occasion any of the terms and provisions hereof covered by the variance and shall not necessarily serve as a basis for subsequent variances with respect to any other request. The granting of any variance shall not affect in any way the Association's or Owner's obligation to comply with the ordinances of the Town of Severance and other applicable governmental laws or regulations.
Section-8.06. Appointment and Designation. The Committee may from time to time. by the vote or written consent of a majority of its members, delegate any of its rights or responsibilities hereunder to one or more duly licensed architects or other qualified persons who shall have full authority to act on behalf of the Committee in all matters delegated.
Section 8.07. Review Fee and Address. Any plans and specifications shall be submitted in writing for approval together with a reasonable processing fee determined by the Board. The address of the Committee shall be the principal place of business of the Association or such other place as the Committee may from time to time designate in writing to the Board of Directors. The address shall be the place for the submittal of any plans or specifications and the place where the current rules and regulations, if any, of the Committee shall be kept.
Section 8.08. Inspection. Any member or agent of the Committee may from time to time at any reasonable hour or hours and upon reasonable prior notice enter and inspect any property subject to the jurisdiction of the Committee as to its improvement or maintenance in compliance with the provisions thereat
Section 8.09. General Provisions. The members of the Committee shall not be entitled to any compensation for services performed under this Article VIII. The powers and duties of the Committee shall cease and terminate on the earlier of termination of this Declaration or a date forty (40) years after the date of the recording of this Declaration. Thereafter, the approval described in t.l1is Article VIII shall not be required unless, prior to that date a written instrument is executed and duly recorded by the then record Owners of a majority of the Lots appointing a representative or representatives who shall thereafter exercise the same powers previously exercised by the Committee.
Section 8.10. Compliance with Governmental Laws. The Declarant, its successors and assigns, all Owners of any Lot and their successors and assigns by their acceptance of their respective deeds, and the Association, shall be bound by and subject to the laws of the State of Colorado and ordinances of the Town of Severance and all other applicable governmental laws or regulations. No building or other structure or addition or change or alteration thereof shall be commenced, constructed, erected, placed, altered, maintained or permitted to remain on any of the real property within the
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Property, including the Common Area, which is in violation with an)' of the laws or ordinances of the Town of Severance or any other applicable governmental laws or regulations.
ARTICLE IX ASSOCIATION POWERS
Section 9.01. Authoritv. The Association shall have all rights, powers, and authority specified or permitted by: (a) CCIOA; (b) any other applicable law; (c) This Declaration; and (d) the Articles and Bylaws, to the extent not inconsistent with (a), (b) or (c).
Section 9.02. Actions Against Owners. The Association may take judicial action against any Owner to enforce compliance with any provisions of this Declaration, obtain mandatory or injunctive relief, or obtain damages for noncompliance and exercise any other right or remedy for enforcement of this Declaration permitted by law. AU of such rights and remedies of the Association shall be cumulative and nonexclusive.
Section 9.03. Conveyance or Encumbrance. The Association shall have the right to encumber, dedicate, or convey all or any part of the Common Area or the Association interest in Association Water or any other Association asset. However, no such encumbrance, dedication, or conveyance shall be effective except in an instrument signed by seventy-five percent (75 %) of all Owners, including seventy-five percent of all Owners other than Declarant, agreeing to such encumbrance, dedication, or transfer has been recorded in the Weld County records. Such instrument may be signed in counterparts which shall together constitute a single agreement.
Section 9.04. Management Agreement and Other Contracts.
(a) The Association may utilize professional management in performing its duties.
Any agreement for professional management of the Association's business or any contract providing for the services of Declarant shall have a maximum term of three (3) years and shall provide for termination by either party thereto, with or without cause and without payment of a termination fee, upon thirty (30) days prior written notice.
(b) Any contracts, licenses or leases entered into by the Association while the
Declarant controls the Association shall provide for termination by either party thereto, with or without cause and without payment of a termination fee, at any time after termination of the Declarant's control or the Association, upon thirty (30) days prior written notice.
(c) Notwithstanding anything to the contrary contained in this Section 9.04, the
Association may enter into contracts, licenses and leases in violation of this Article IX upon a waiver of any requirements contained herein by the Federal National Mortgage Association.
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Section 9.05. Owner's Negligence. In the event that the need for maintenance or repair of the
Common Area is caused by the willful or negligent act or omission of any Owner, or by the willful or negligent act or omission of any member of such Owner's family or by a guest or invitee of such
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Owner, the cost of such repair or maintenance shall be the personal obligation of such Owner, and any costs, expenses and fees incurred by the Association for such maintenance, repair or reconstruction shall be added to and become part or the Assessment as a Special Assessment or part of a Regular Assessment to which such Owner's Lot is subject and shall become a lien against such Owner's Lot. A determination of the negligence or willful act or omission of any Owner or any member of the Owner's family or a guest or invitee or any Owner, and the amount of the Owner's liability therefore, shall be determined by the Association at a hearing after notice to the Owner, provided that any such determination which assigns liability to any Owner pursuant to the terms of this Section may be
appealed by said Owner to a court of law. ~
(a) No Owner shall engage in any activity which will temporarily or permanently
deny free access to any part of the Common Area to all Members, nor shall any Owner place any structure or fence, except those installed by Declarant whatsoever upon the Common Area.
(b) The use of the Common Area shall be subject to such rules and regulations as
may be adopted from time to rime by the Board of Directors.
ARTICLE IX-A
USE RESTRICTIONS
Section gA.Ol. Delegation of Use. Any Owner may delegate, subject to any Bylaw, his right of enjoyment to the Common Area and use of Association Water to the members of his family residing with him, his tenants, or contract purchasers who reside on the Lot owned by that Owner.
Section 9A.02. Declarant's Use. Notwithstanding any provisions herein contained to the contrary, it shall be expressly permissible for Declarant, its successors and assigns, or any agent, contractor, subcontractor or employee of the Declarant to maintain during the period of construction and sale upon such portion of the properties as Declarant deems necessary such facilities as in the sole opinion of Declarant may be reasonably required, convenient or incidental to said construction and sale, including, but without limitation, a business office, storage area, construction yards, signs, model units and sales office.
Section 9A.03, Use of Property. In addition to the duties stated elsewhere in this Declaration, each Owner shall have the duty and obligation to perform and comply with the
\ following restrictions to preserve the overall value of the entire Property.
(a) Only one single family dwelling may be constructed on each Lot. Each
single family dwelling may only be occupied by a single family. A "single family" is any number of persons living together as a single dwelling unit who are related by blood, marriage, common law marriage or adoption, but excludes any group of more than four individuals who are not all related by blood, marriage, or adoption.
(b) No portion of any Lot shall be used other than for residential purposes,
except as expressly permitted by this subsection (b). No commercial activities of any kind shall be carried on in any portion of the Property
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2996669-2002.015
except activities relating to the sale or rental of Lots, nor shall any goods, equipment, vehicles, materials, or supplies used in connection with any trade, service, or business be kept or stored on any such Lot. This subsection, however, shall not be construed so as to prevent or prohibit an Owner from maintaining his professional records or accounts, handling his personal or professional business or professional telephone calls, or occasionally conferring with business or professional associates on his Lot.
(c) Maintenance, upkeep and repairs of any residence or other improvements on
each Lot shall be the sale responsibility of the Owner thereof.
(d) All utilities lines, fixtures and equipment exclusively serving a Lot
(excluding, for example, utilities trunk lines) installed within the perimeter of that Lot, shall be maintained and kept in repair by the Owner thereof. An Owner shall not impair any easement or allow any condition to exist which will adversely affect the other Lots or their Owners.
Section 9A.04. Household Pets. No animals, livestock, reptiles, poultry or insects, of any kind, shall be raised, bred, kept or boarded in or on the Property; provided, however, that the Owners of each Lot may keep a reasonable number of dogs, cats, fish or other domestic animals which .are bona fide household pets, so long as such pet(s) are not kept for any commercial purpose and are not kept in such number or in such manner as to create a nuisance to any resident(s) of the Property. An Owner's right to keep household pet(s) shall be coupled with the responsibility to pay for any costs to the Association for any damages caused by such Owner's pet(s).
Section 9A.05. Lots to be Maintained. The Owners shall keep, maintain, and repair their Lots and improvements on their Lots (including, for example, landscaping) in a neat, clean, cultivated, attractive, and well maintained condition, free from the accumulation of trash or debris. If any Owner fails to keep and maintain that Owner's Lot(s) or improvements in accordance with. this provision, the Association may (but shall not have the obligation to) conduct such maintenance, repairs, or restoration and assess its cost as a Special Assessment to the Owner on whose Lot or improvement such maintenance or repairs were conducted.
Section 9A.06. Temporary Structures. Time Limits For Construction. Except as expressly permitted by this Declaration, no structure of a temporary character, including but not limited to a house trailer, tent, shack, or outbuilding shall be placed or erected upon any Lot, and no Residence shall be occupied in any manner at any time prior to its being fully completed, nor shall any Residence when completed be in any manner occupied until made to comply with ail requirements, conditions, and restrictions herein set forth; provided, however, that during the actual construction, alteration, repair or remodeling of a Residence, necessary temporary structures for storage of materials may be erected and maintained by the person doing such work.
Section 9A.07. Signs. No sign, graphic, or advertising device shall be placed on the Property except (a) one sign of not more than six (6) square feet advertising a Lot for sale, and (all political signs in support of candidates or ballot issues limited to the ninety day period including and immediately preceding the election date on which the candidates or issues will be voted upon. This
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provision shall not limit or preclude street, road, or residence identification signs or traffic control signs or devices.
Section 9A.08. Antennas. Except to the extent expressly limited or prohibited by applicable federal or state law or regulation, no antenna for transmission or reception of television signals or any other form of electromagnetic radiation shall be erected., used, or maintained on any Lot outside of the residence on that Lot, except (a) a satellite dish not more than 24 inches in diameter or completely screened from view by solid fencing complying with the requirements of this Declaration, or (b) as otherwise permitted by the Association.
Section 9A.09. Yard Ornamentation. All ornamentation in yards, such as figurines, plastic flowers, colored lights, windmills, bird baths or feeders, shall either be screened from public view or approved by the Architectural Control Committee. This Section shall not apply to seasonal holiday decorations which are promptly removed after the holiday or to the display of the flag of the United States of America on national holidays.
No clotheslines, dog runs, drying yards, service yards, wood piles or storage areas shall be so located on any Lot as to be visible from a street. Any accessory building shall be a maximum of eight (8) feet in height shall be subject to the review and approval of the Architectural Control Committee.
Section 9A.I0. Vehicular Parking. Storage and Repairs.
(a) Any house trailer, camping trailer, boat trailer, hauling trailer, running
gear, boat, or accessories thereto, motor-driven cycle, truck (larger than one ton), self-contained motorized recreational vehicle, or other type of recreational vehicle or equipment, may be parked or stored on or within the Property only if such parking or storage is done wholly within the enclosed garage located on a Lot or is otherwise screened by a solid fence six (6) feet in height (even if the vehicle exceeds that height). Section 9A.19 therefore further limits the location of such a fenced vehicle storage area. Any such vehicle may be parked as a temporary expedience for loading, delivery, or emergency. _ This restriction, however, shall not restrict trucks or other commercial vehicles within the Property which are necessary for construction or for the maintenance of the Common Area, Lots, or any improvements located thereon.
(b) Except as hereinabove provided, no abandoned or inoperable automobiles or
vehicles of any kind shall be stored or parked on or within the Property. An "abandoned or inoperable vehicle~ shall be defined as any automobile, truck, motorcycle, boat, trailer, camper, house trailer, self-contained motorized recreational vehicle, or oilier similar vehicle, which has not been driven under its own propulsion for a period of two (2) weeks or longer, or which does not have an operable propulsion system installed therein;
. provided, however, that otherwise permitted vehicles parked by Owners while on vacation or during a period of illness shall not constitute abandoned or inoperable vehicles. In the event the Association shall determine that a vehicle is an abandoned or inoperable vehicle, then a written notice
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describing said vehicle shall be personally delivered to the Owner thereof (if such owner can be reasonably ascertained) or shall be conspicuously placed upon the vehicle (if the owner thereof cannot be reasonably ascertained), and if the abandoned or inoperable vehicle is not removed within 72 hours thereafter, t.'1e Association shall have the right to remove the vehicle at the sale expense of the Owner thereof.
(c) No activity such as, but not limited to, maintenance, repair, rebuilding,
dismantling, repainting, or servicing of any kind of vehicles, trailers or boats, may be performed or conducted on or within the Property, unless it is done within a 24-hour time period or within completely enclosed structure(s) which screen the sight and sound of the activity from the street, from adjoining Lots and other property, and the Common Area. The foregoing restrictions shall not be deemed to prevent washing and polishing or any motor vehicle, boat, trailer, or motor-driven cycle, together with those activities normally incident and necessary to such washing and polishing.
(d) Each residence shall have a minimum of a two (2) car garage and a
maximum of a four (4) car garage.
Section 9A.ll. Nuisances. No nuisance shall be permitted on or within the Property, nor any use, activity or practice which is the source of annoyance or embarrassment to, or which offends or disturbs any residents of the Property, or which interferes with the peaceful enjoyment or possession and proper use of the Property, or any portion thereof by its residents. As used herein, the term "nuisance" shall not include any activities of Declarant or its designees which are reasonably necessary to the development of and construction on the Property; provided, however, that such activities of the Declarant or its designees shall not unreasonably interfere with any Owner's use and enjoyment of his Lot or the Common Area, or with any Owner's ingress and egress to or from his Lot and a public way.
Section 9A.12. Lots Not to be Subdivided. No Lot shall be subdivided, except for the purpose of combining all or portions with one or more adjoining Lots, provided that no additional building site is created thereby. Not less than one entire Lot, as conveyed, shall be used as a building site.
Section 9A.13. Underground Utility Lines. All electric, television, radio, and telephone line installations shall be placed underground, except that during the construction or any residence the contractor or builder may install a temporary overhead utility line which shall be promptly removed upon completion of the construction.
Section 9A.14. No Hazardous Activities. No activities shall be conducted on the Property or within the improvements constructed on or within the Property which are or might be unsafe or hazardous to any person or property .
Section 9A.15. No Annoying Light, Sounds or Odors. No light shall be permitted from any Lot which is unreasonably bright or causes unreasonable glare when viewed from the street, adjacent Lot or property or Common Area. No sound shall be emitted from any Lot which is
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unreasonably loud or annoying and no odor shall be permitted from any Lot which is noxious or offensive to others. No firearms, explosives, air or BB guns, bows or similar devises shall be discharged on the Property.
Section 9A.16. Garbage and Refuse Disposal. No garbage, refuse, rubbish, or cuttings shall be deposited on any street, the Common Area, or any Lot, unless placed in a suitable container suitably located, solely for the purpose of garbage pickup. All containers shall be removed. from the street the same day and returned to their screened Area. All equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition. No garbage or trash cans or receptacles shall be maintained in an exposed or unsightly manner. AU trash receptacles shall be screened from view of the street, neighboring Lots and the Common Area. No elevated tanks of any kind (oil, gas, water, etc.) shall be constructed on any Lot.
Section 9A.17. Leases.' The term "lease" as used herein, shall include any agreement for the leasing or rental of a Lot or any portion thereof, and shall specifically include, without limitation, a month-to-month rental. Any Owner shall have the right to lease his Lot under the following conditions:
(a) All leases shall be in writing;
(b) All leases and lessee's occupancy of the Lot shall be subject in all respects
to the provisions of this Declaration, and the Articles, Bylaws and rules and regulations of the Association, and failure by the lessee to comply with any of the aforesaid documents, in any respect, shall be a default under the lease;
(c) No lease shall be for less than thirty (30) days;
(d) A copy of all leases must be kept on file with the Property Manager; and
(e) The permanent address and phone number of the Lot Owner must be kept on
file with the Property Manager.
The provisions of (b) and (c) above shall be contained in each lease, but shall also be deemed to be implied terms of each such lease, whether or not actually contained in the lease.
Section 9A.18. No Mineral Exploration or Development. No oil drilling, oil development operations, oil refining, quarrying, or mining operations of any kind shall be permitted or undertaken on any portion of the Property nor shall oil wells, tanks, tunnels, mineral excavations, or shafts be permitted on any portion of the Property. No derrick or other structure designed for exploration for oil or natural gas shall be erected, maintained, or permitted on any portion of the Property.
Section 9A.19. Fences. No fencing, privacy walls or hedges exceeding three feet in height shall be constructed or permitted closer to any street than the nearest point of the residence on that Lot to that street. All fences shall not exceed six (6) feet in height and be constructed of wood or, if approved by the Architectural Control Committee in its sole discretion, vinyl or plastic 10 maintain the aesthetic quality of the Property. Chain link, cyclone or wire type fencing will not be permitted
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on the Lot, unless the chain link, cyclone or wire type fence is not on a property line of the Lot and fully screened from view of adjacent properties and the street.
Section 9A.20. Service Area. Storage or accessory buildings (such as dog houses, tool sheds, firewood, garbage, barbeque type buildings or enclosures), non-portable or affixed outdoor furniture such as picnic tables, barbecues, hot tubs, etc., shall be reasonably screened from public and neighboring view.
Section 9A.21. Climate Control. Placement of heat pump and condenser units shall provide visual screening and noise attenuation to the neighboring Lots and Common Areas. Use of solar heating systems is acceptable providing that the panels or collectors are integrated into the structure with regard to the overall appearance and design, subject to approval by the Committee. Window mounted and through the wall units are not allowed unless screened from the street, neighboring Lots and the Common Area.
Section 9A.22. Basements. Basements are allowed.
Section 9A.23. Structure. No home or garage shall be of the type known as "prebuilt, precut, modular, manufactured or mobile homes, ~ regardless of its quality.
Section 9A.24. Landscaping:. Except as otherwise provided herein, the maintenance and repair of each Lot, including but not limited to landscaping, the interior and exterior of the residence, improvements constructed thereon, and the interior of any fence on the boundary line of a Common Area and a Lot shall be the responsibility of the Owner(s) thereof. It shall be the duty and obligation of each Owner (excluding Declarant) to landscape the front yard of his or her Lot within one hundred twenty (120) days from issuance of a Certificate of Occupancy and the backyard of his or her Lot within one (1) year from the issuance of a Certificate of Occupancy. The landscaping shall include at least one (1) tree, and five (5) shrubs. The time limits contained herein may be extended for good cause, a one time extension of time for an additional one hundred twenty (120) days may be granted to comply with this provision by the Architectural Control Committee in writing.
All Owners are encouraged to landscape each Lot utilizing zeroscape landscaping methods and techniques to minimize water usage for landscaping purposes. Yard areas not covered by lawn or other landscaping will be covered with rock (preferably river rock) or bark mulch.
Mounding of planting beds and lawn areas will be permitted if graded so as to blend with adjacent property and/or landscaping. Special care shall be taken to insure proper surface drainage to eliminate casual water pockets, so as to not infringe on neighboring property.
In the event any Owner maintains and keeps his yard or home in a condition which violates any of the use restrictions hereinabove set forth, the Board of Directors of the Association shall have the power to contract with an independent third party to remedy the violation. Such right to remedy shall arise after seven (7) days written notice of the nature of the violation is given to the Owner of the Lot, and the Owner has failed to remedy the violation within the seven (7) day period. The cost of correcting the violation shall be paid as a Special Assessment and is enforceable by the
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Association against the Owner of the Lot in violation. This remedy shall be in addition to other remedies provided herein for enforcement of the provisions of this Declaration.
Section 9A.25. Maintenance of Common Area. To the extent not performed by the applicable governmental entity or Owner, the Association shall be responsible for the landscaping and maintenance of the Common Area, including but not limited to repair of signage, fencing, stone columns, irrigation equipment, lighting and electrical fixtures and equipment, and plantings. No Owner shall, in whole or in part, change the landscaping, grade or fencing or in any way change the retaining wall on any portion of the Common Area.
ARTICLE X ASSOCIATION WATER
Section 10.01. Management of Association Water. The Association shall have the
exclusive authority to allocate, deliver, manage, and control the use of the Association Water. Further, the Association shall have the exclusive authority to own, operate, repair, and maintain the Irrigation Facilities. The Association's authority shall include (without limitation) the promulgation of rules, regulations, policies, and procedures, not inconsistent with this Declaration, concerning the application and use of Association Water, including conservation measures and measures to reduce peak demand.
Section 10.02. Easements for Ingress and Egress. All Irrigation Facilities shall be owned, operated, and maintained by the Association. Each Owner grants to the Association reasonable ingress and egress over, under, and across all easements shown on the Map or any recorded plat of any portion of t..T1e Subdivision for the purpose of operating, repairing, or maintaining Irrigation Facilities. No Owner shall construct, erect, Or maintain any improvement or structure which shall interfere with the Association's ownership, operation, and maintenance of Irrigation Facilities. The Association shall have the authority to remove or alter any structure or improvement which shall interfere with the ownership, operation, and maintenance of the Irrigation Facilities, the costs of such removal to be borne by the Owner of the interfering improvement or structure. Despite anything to the contrary stated elsewhere in this Article X, Declarant shall have the right to utilize the Irrigation Facilities to provide irrigation water to land added to the Property under Section 13.05; provided that:
(a) The irrigation water utilized with Irrigation Facilities becomes Association
Water when the land is added to the Property, and
(b) This added use of the Irrigation Facilities does not interfere with delivery of
Association Water then being delivered to Lots through the Irrigation Facilities.
Section 10.03. Irrigation Assessments. N/A
Section 10.04. Flow Restriction: Water Availability'. N/A
Section 10.05. Maintenance and Water Assessments. N/A
Section 10.06. Transfer to Association. No later than upon conveyance of 75 % of the Lots 21
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22 of 27 R 136.00 D 0.00 J.P.. "Suki" Tsukamoto
to Owners other than Declarant, Declarant shall convey fee simple title IO Irrigation Facilities to the Association free and clear of al11ieI).S and encumbrances, except this Declaration, then current real property taxes (prorated to the date of conveyance), and title exceptions of record on the date of recording this Declaration.
ARTICLE XI INSURANCE
Section 11. 0 1. Insurance. The Association shall obtain and maintain insurance as required by the CCIOA, currently codified at C.R.S. § 38-33.3-313.
Section 11,02. Corporate Employees, If any Owner or Association employee controls or disburses Association funds, the Association must obtain and maintain, to the extent reasonably available, fidelity insurance in an aggregate amount equal to not less than two months of current Assessments plus reserve calculated from the then-current budget of the Association.
Section 11. 03. Independent Contractors. Any person employed as an independent contractor by the Association for the purposes of managing the Association must obtain and maintain fidelity insurance in that same amount unless the Association names such a person as an insured employee in a contract of fidelity insurance described above.
Section 11.04. Additional Coverage, The Association may carry or require of an independent contractor employed to manage the Association fidelity insurance coverage in an amount greater than that specified in this section. In addition, the Association may carry any other insurance, such as directors and officers coverage, unless otherwise prohibited by law,
Section 11.05. Common Expenses. Premiums for insurance required by the Association under this provision are Common Expenses of the Association.
ARTICLE XII
DAMAGE OR DESTRUCTION OF COMMON AREA
In the event of damage or destruction to any improvement installed by the Association within the Common Area due to fire or other adversity or disaster, the insurance proceeds, if sufficient to reconstruct or repair the damage, shall be applied by the Association to such reconstruction and repair. If the insurance proceeds with respect to such Common Area damage or destruction are insufficient to repair and reconstruct the damaged or destroyed Common Area, the Association may levy a reconstruction assessment in the aggregate amount of such deficiency and shall proceed to make such repairs or reconstruction, unless:
(1) the planned community is terminated;
(2) repair or replacement would be illegal under any state or local statute or
ordinance governing health or safety;
(3) eighty percent (80%) of the Owners, including every Owner of a Lot that
will not be rebuilt, vote to not rebuild; or
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(4) prior to the conveyance of any Lot to a person other than Declarant, the
holder of a deed of trust or mortgage on the damaged portion of the Common Area rightfully demands all or a substantial part of the insurance proceeds;
provided that distributions of insurance proceeds shall be made unless made jointly payable to the Owners and First Mortgagees of their respective Lots, if any. The reconstruction Assessment provided for herein shall be a debt of each Owner and a lien on his Lot and the improvements thereon, and may be enforced and collected in the same manner as any Assessment lien provided for in this Declaration.
ARTICLE XIII GENERAL PROVISIONS
Section 13.01. Severability, Invalidation of any of the covenants, restrictions or other provisions contained in this Declaration shall in no way affect or limit any other provisions which shall remain in full force and effect.
Section 13.02. Easements. Easements for the installation and maintenance of utilities, irrigation and drainage facilities are reserved as shown on the recorded Plat of the Property, or any portion thereof, or other duly recorded instrument(s). Within these easements no improvement, structure, planting or other material (excluding fences capable of being readily removed for the purposes of the easement and the fences described in Section 9A.19) shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of such utilities or facilities, or which may change the direction of flow or drainage channels in the easements. Declarant hereby reserves the right to enter upon the Property to correct any flow of water and to establish and re-establish drainage channels.
Section 13.03, Conflict of Provisions. In case of any conflict between this Declaration, the Articles or Bylaws, this Declaration shall control. In case of any conflict between the Articles and the Bylaws, the Articles shall control.
Section 13.04. Street Lighting, Unless street lighting and the cost thereof is provided by the community in which jurisdiction t.'1is subdivision is situated, all Lots shall be subject to and bound to tariffs or other charges which are now and may in the future be filed with the Public Utilities Commission of the State of Colorado or contracted for by the Association relating to street lighting in this Subdivision, together with rates, rules, regulations and terms therein provided and subject to all future amendments and changes on file with the Public Utilities Commission of the State of Colorado applicable to such facilities.
Section 13. as. Expansion.
(a) Reservation of Right to Expand. Declarant reserves the development right
to expand the Property to include no more than 250 additional Lots and additional Common Areas at any time or times without approval by the Lot Owners. The area of potential expansion is eighty (80) acres.
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(b) Supplemental Declarations and Supplemental Plats. Such expansion may be
accomplished by the filing for record by Declarant in the office of the Clerk and Recorder of Weld County, Colorado, one or more Supplemental Declarations and supplement Maps setting forth the Lots and other real property, if any, to be included in the expansion, or a statement that this Declaration shall govern and apply to that property. The expansion may be accomplished in stages by successive supplements or in one supplemental expansion.
(c) Expansion of Definitions. In the event of such expansion, the definitions
used in this Declaration shall be expanded automatically to encompass and refer to the Property subject to this Declaration as so expanded. All conveyances of Lots shall be effective to transfer rights in the Property as expanded. The recordation in the records of Weld County, Colorado, of supplemental Map(s) or Plat Map(s) incident to any expansion shall operate automatically to grant, transfer, and convey to ti1.e Association any new Common Area added to the Property as the result of such expansion. The allocation for Assessments shall be amended pro rata to reflect the increase in the number of Lots added to the Declaration.
(d) Declaration Operative to New Lots. The new Lots shall be subject to all of
the terms and conditions of this Declaration and of any Supplemental Declaration, upon placing the supplemental parcel Map(s) depicting the expansion Property and Supplemental Declaration(s) of public record in the real estate records of Weld County, Colorado.
(e) No Objection to Expansion. No Owner Member of the Association shall
have any right of objection to the exercise of the developmental right set forth above including any permitted expansion by Declarant.
(f) Declarant's rights under this Section 13.05 will expire twenty years after the
date of recording of this Declaration in the Weld County real estate records.
Section 13.06. Term. The provisions of this Declaration shall each constitute covenants, running with the land applicable to all of the Lots, binding Declarant and all persons and entities claiming by, through, or under him for a period of twenty (20) years from the date of recording in the Weld County real estate records of the Declaration, which shall be automatically extended for successive periods of twenty (20) years each, without action by or notice to any person or entity unless amended or terminated as provided below.
Section 13.07. Amendment and Termination. Subject to the provisions of Section 38-33.3217(1), (5) and (6), C.R.S., all or any portion of this Declaration may be supplemented, changed or canceled in whole or in part at any time by the vote or agreement of the Owners of 67% of the Lots. Such agreement may be in any number of counterparts. Such amendment shall be effective when duly recorded in Weld County, Colorado real estate records.
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Declarant hereby reserves and is granted the right and power to record technical amendments to this Declaration, the Articles or Bylaws at any time prior to the termination of Declarant's control of the Association, for the purposes of correcting spelling, grammar, dates, typographical errors, or as may otherwise be necessary to clarify the meaning of any provisions of any such document.
Section 13.08. Rights of Declarant Incident to Construction. An easement is hereby retained by and granted to Declarant, its successors and assigns, for access, ingress and egress over, in, upon, under, a11d across the Common Area and any easements shown on the Map, including but not limited to the right to store materials thereon and to make such other use thereof as may be reasonably necessary or incidental to Declarant's or its designees' construction on the Property, including without limitation construction of improvements indicated on the Map; provided, however, that no such rights or easements shall be exercised by Declarant in such a manner as to unreasonably interfere with the occupancy, use, enjoyment, or access by any Owner, his family members, guests, or invitees, to or of that Owner's Lot. Declarant, for itself and its successors and assigns, hereby retains a right to store construction materials on Lots owned by Declarant and to make such other use thereof as may be reasonably necessary or incidental for the purpose of the completion or improvement of the Property, the performance of Declarant's obligations hereunder, and the sale of the Lots. Any special declarant rights created or reserved under this Article or elsewhere in this Declaration for the benefit of Declarant may be transferred to any person by an instrument describing the rights transferred and recorded in the office of the Clerk and Recorder for the County of Weld. The rights of Declarant reserved in this Section 14.09 shall expire ten (10) years after the recording of this Declaration, except as to land added to the Property under Section~13.05 as to which those reserved rights will expire ten years after the date of the recording in the Weld County real estate records of the document adding that land to the Property. Such instrument shall be executed by Declarant and its transferee. Any rights granted to Declarant under this Declaration shall expire on the date which is ten (10) years from the recording date of this Declaration, unless otherwise provided herein.
Section 13.09. Sales Office and Models. Despite anything to the contrary stated elsewhere in this Declaration, the Declarant may maintain a sales and or management office and model homes on the Property. The office may be located on any Lot owned by Declarant and may be relocated to any other Lot owned by Declarantfrom time to time, at Declarant's sole discretion. If Declarant ceases to own any Lot, Declarant shall have a period of sixty (60) days in which to remove the office described above from the Property. The Declarant may maintain one or more signs on the Common Area for the purpose of advertising the Property and the sales of Lots. The provisions of this section shall control in the event of any conflict with any other provision contained in this Declaration. Declarant shall have the rights stated in this Section for the same time period as the rights reserved in 13.09.
Section 13.10. CCIOA Controls. Any provision of this Declaration in conflict with the provisions of CCIOA shall be void and of no effect.
Section 13 .11. Notice. Any notice or demand required or permitted by this Declaration shall be in writing and shall be sent by United Stares first class mail, postage prepaid, to the address of the Owner of the Lot(s) to receive notice at the address provided by the Owner for that purpose to the secretary of the Association. If the Owner fails to provide an address to the secretary, notice
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shall be sent to the address of the Owner specified in the deed recorded in the Weld County, Colorado real estate records by which that Owner took title and to the street address of that Lot, if any.
Section 13.12. Section Headings. The section titles and headings used in this Declaration are for identification purposes only and shall not be utilized to interpret or construe the provisions of this Declaration, which shall remain in full force and effect.
Section 13 .13. Severability. Invalidation of all or any part of anyone of these covenants or restrictions by judgment or court order shall not affect any of the other provisions of this Declaration, which shall remain in full force and effect.
Section 13.14. Binding: Effect. The provisions of this Declaration shall be binding upon and for the benefit of Declarant, each Owner, and each and all of their heirs, personal representatives, successors in interest; and assigns.
Section 13.15. No Rights Given to the Public. Nothing contained in this Declaration shall be deemed to be a gift or dedication of any portion of the Property to the general public or for any public use or purpose.
Section 13.16. Applicability of Governmental Regulations. The covenants, conditions and restrictions contained herein are separate and distinct from any zoning, building or other law ordinance, rule or regulation of the Town of Severance or of any governmental authority having jurisdiction over the Property which now or in the future may contain different requirements from or in addition to those contained herein or which may prohibit uses permitted herein or permit use prohibited herein. In the event of any conflict between the provisions hereof and the provisions of any such law, ordinance, rule or regulation, the Owner must first comply with all governmental laws, ordinances, rules or regulations and then to the extent possible, the Owner must comply wiu1. these covenants, conditions and restrictions unless such compliance would result in a violation of such law, ordinance, rule or regulation, in which case, upon a finding that compliance herewith would result in such a violation, the Architectural Control Committee shall waive any such covenants, conditions or restrictions to the extent it results in such a violation, and in connection therewith, the Architectural Control Committee may impose such conditional covenants, conditions and restrictions as may be necessary to carry out the intent of this Declaration.
DECLARANT:
SEVERANCE WEST, LLC
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SKLD WW 10.199.51.64 WE 2996669-2002.026
COVENANTS, CONDITIONS AND RESTRICTIONS FOR
SUMMIT VIEW SUBDIVISION
THIS DECLARTION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR SUMMIT VIEW SUBDIVISION ("Declaration") is made this 27th day of March, 2002, by Severance West, LLC, a Colorado limited liability company ("Declarant"), dba Summit View Subdivision;
RECITALS
A. Declarant is the owner of real property ("Property") in the Town of Severance, County
of Weld, State of Coiorado, legally described as all of Summit View Subdivision, Town of Severance, Weld County, Colorado.
B. Declarant desires to impose a general plan for the improvement, development and
maintenance of the Property, and to adopt and establish covenants, conditions and restrictions upon the Property for the purpose of enhancing, maintaining and protecting the value and desirability of the Property.
C. Declarant deems it desirable to set aside a portion of the Property as common areas for
the use of the owners of the Property, and to establish a Colorado nonprofit corporation, Summit View Subdivision Homeowners Association (the "Association"), to which such common areas from time to time shall be conveyed.
THEREFORE, Declarant covenants, agrees and declares that the Property shall be held, sold, conveyed, encumbered, leased, used, occupied and improved, subject to the following limitations, restrictions, easements, covenants, conditions, reservations, liens and charges, all ofwhich are declared and agreed to be in furtherance of a general plan for the improvement and development of the Property. All of the limitations, restrictions, easements, covenants, conditions, liens and charges shall run with the land, shall bind and benefit of all parties having or acquiring any right, title or interest in the Property or any part of it and the successors in interest of such parties, and are imposed upon the Property and every part of it as equitable servitudes which may be enforced by the Declarant, its successors and assigns, each Owner, his or her successors and assigns, or by the Association, its successors and assigns.
ARTICLE I DEFINITIONS
Section 1.01. "Articles" shall mean the Articles of Incorporation of the Association, as they may be amended from time to time.
Section 1.02. "Association" shall mean and refer to Summit View Subdivision Homeowners Association, a nonprofit corporation, incorporated under Colorado law.
SKLD WW 10.199.51.64 WE 2996669-2002.001
Section 1.03. "Association Water" shall mean and refer to all shares of the capital stock of and any other water or water rights, ditch or ditch rights, reservoir or water storage rights appurtenant to any portion of the Property or used in connection with any portion of the Property and owned or controlled by the Association,
Section 1.04. "Board" or "Board of Directors" shall mean the Board of Directors of the Association.
Section 1.05. "Bylaws" shall mean the Bylaws of the Association as they may be amended from time to time.
Section 1.06. "CCIOA" means the Colorado Common Interest Ownership Act presently codified at 38-33.3-101, et seq., as it may subsequently be amended from time to time.
Section .1. 07 . "Common Area" shall mean any and all real property, and the improvements and fixtures on it owned or leased by the Association for the common use and enjoyment of the Members including without limitation Outlot A, Block 1, plus any street or other lighting fixtures owned or controlled by the Association and signage on any Common Area or for the general benefit of the Subdivision or Owners, whether or not located in the Common Area. The Common Area shall be as shown on the recorded plat of the Property and described in the Map.
Section 1.08. "Common Expenses" shall mean and include expenditures made and liabilities incurred, by or on behalf of the Association.
Section 1.09. "Conveyance" shall mean and refer to conveyance of a fee simple title, or lease of any part of the Property.
Section 1.10. "Declarant" shall mean and refer to Severance West, LLC, a Colorado limited liability company, its successors and assigns designated in writing to be the successor of Declarant, subject to any limitation on transfer of special declarant rights contained in this Declaration or CCIOA.
Section 1.11. "Lot" shall mean and refer to each numbered lot of the Property described in the Map. Boundaries of a Lot shall be as shown and confirmed on the Plat Map of the Subdivision as recorded and amended.
Section 1.12. "Unimproved Lot' shall be a Lot upon which no improvements have been constructed.
Section 1.13. "Improved Lot" shall be a Lot upon which improvements have been constructed.
Section 1.14. "Member" shall mean and refer to every person or entity who holds a membership in the Association as provided in Section 2.01.
Section l.15. "Mortgage" shall mean any mortgage or deed of trust or other conveyance of a Lot, or any interest in it, including, but not limited to, the improvements on it, to secure the performances of an obligation.
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Section 1.16. "Mortgagee" shall mean and include mortgagees, trustees, beneficiaries and holders of a Mortgage, and the holders of any indebtedness secured by Mortgage,
Section 1.17. "Mortgagor" shall mean and include mortgagors and trustees under deeds of trust which are Mortgages.
Section 1.18. "Owner" shall mean and refer to Declarant and to any person or entity holding a record fee simple ownership interest in any Lot which is a part of the Property, including contract purchasers, but excluding Mortgagees (unless and until a Mortgagee acquires record fee ownership) and those having such interest merely as security for the performance or an obligation.
Section 1.19. "Subdivision" shall mean all of the Property, and improvements thereon, subject to this Declaration or any amendment to this Declaration.
Section 1.20. "Assessment" shall mean and refer to any or all of the following:
(a) "Regular Assessment". shall mean and refer to a charge against each Lot
representing that portion of the Common Expenses attributable to such Lot as provided for in Section 4.04.
(b) "Special Assessment' shall mean and refer to a charge against any Lot for
certain costs incurred by the Association or Declarant for materials or services furnished to the Owner or his Lot at the request of or on behalf of such Owner, or as a result of any Owner failing to maintain any portion of his Lot in accordance with the provisions of this Declaration, or as a result of the negligence, recklessness, or willful misconduct of any Owner, his employees, guests or invitees, or for excessive use or special use of the services or facilities provided by the Association, including, but not limited to, parking, trash removal and maintenance of improvements, or for any other purpose for which this Declaration specifies the imposition of a special assessment.
(c) "Capital Improvement Assessment" shall mean and refer to a charge against
any Lot representing a portion of the cost of the Association for the installation, construction, expected or unexpected repair or replacement of any capital improvements (including the necessary fixtures and personal property related to it) on the Common Area or any other portion of the Property upon which the Association may be required to install, maintain, repair or replace any capital improvements as provided in this Declaration, including without limitation reserves for repair or replacement of existing capital items and acquisition, construction, and installation of new improvements.
Section 1.21. "Residence" means the single family dwelling unit located on a Lot,
Section 1.22. "Irrigation Facilities" shall mean and refer to all improvements, equipment, facilities, and other real and personal property owned, operated, or maintained by the Association for the purpose of delivering water to the Lots and Common Area for irrigation purposes, and shall
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include, but nm be limited to, all pumps, pipes, pipelines, risers, connectors, controls, siphons, filters, valves, and related parts and materials located in, under, or upon easements within the Subdivision, or .elsewhere outside of the Subdivision.
Section 1.23. "Map" or "Plat Map" means the plan map of the Property attached to this Declaration pursuant to tile requirements of CCIOA and includes the plat of the Property if a separate plat is attached to this Declaration. THIS MAP MAYBE CHANGED IN THE FUTURE AND DOES NOT MEAN THE SUBDIVISION OF LOTS SHOWN HAS BEEN APPROVED BY ANY GOVERNMENTAL AUTHORITY.
Section 1.24. "Property Manager" shall mean a person or entity hired by the Association as an independent contractor to oversee such tasks as may be delegated to the Property Manager by the Board of Directors from time to time.
ARTICLE II THE ASSOCIATION
MEMBERSHIP; VOTING RIGHTS~ DECLARANT CONTROLS
Section 2.01. Membership. Every Owner of one or more Lots in the Property shall be entitled and required to be a Member of the Association, subject to the voting rights provisions of this Article II. No person or entity other than an Owner of one or more Lots in the Property may be a Member of the Association. No Owner shall be entitled to sever his ownership interest in a Lot from membership in the Association; provided that this shall not be construed as precluding the Owner of a Lot from creating or severing a co-tenancy, joint tenancy or any other form of co-ownership with any other person or persons.
Section 2.02. Allocation of Votes. Each Lot shall be allocated one (1) vote in the Association, subject to Section 2.05.
Section 2.03. No Cumulative Voting. In the election of directors, cumulative voting shall not be allowed.
Section 2.04. Membership Appurtenant. Membership in the Association shall be appurtenant to and inseparable from a Lot. Membership in the Association may not be transferred except in connection with the transfer of ownership of a Lot and shall be automatically transferred by conveyance of a Lot without additional action or documentation.
Section 2.05. Directors of the Association. The affairs of the Association shall be managed by a board of no less than three (3) directors initially. When Declarant relinquishes control of the Board to the Owners pursuant to Section 2.06(a), the Board shall be managed by at least five (5) directors. Directors shall meet the qualifications described in the Articles and Bylaws.
Section 2.06. Management of the Association.
(a) Notwithstanding anything stated elsewhere in this Declaration, until the earliest
of: (a) ten (10) years after the date of recording of this Declaration in the offices of the Weld County, Colorado Clerk and Recorder; (b) sixty (60) days
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SKLD WW 10.199.51.64 WE 2996669-2002.004
after conveyance of 75 % of the Lots which may be created to Owners other than Declarant; or, (c) two (2) years after the last conveyal"1Ce of a Lot by Declarant in the ordinary course of business, Declarant may appoint and remove all Association officers and all members of the Board of Directors of the Association, subject to the limitations stated in this section.
(b) Not later than sixty (60) days after conveyance of 25 % of the Lots which may
be created by the terms of this Declaration to Owners other than Declarant, at least one member, and not fewer than 25 % of the members, of the Board of Directors must be elected by the Owners of Lots other than Declarant.
(c) Not later than sixty (60) days after conveyance of 50% of the Lots whic!1 may
be created by the terms of this Declaration to Owners other than Declarant, not fewer than 33-113 % of the members of the Board of Directors must be elected by Owners other than Declarant.
(d) Upon the termination of the period of Declarant control specified in subsection
2.06(a) of this Article, the Owners shall elect a Board of Directors of at least five (5) members, who must be Owners other than Declarant or designated representatives of Owners other than Declarant. The Board of Directors so elected and officers shall take office upon termination of the period of Declarant control specified above.
(e) Notwithstanding anything to the contrary stated elsewhere in this Section 2.06,
by a vote of sixty-seven percent (67 %) of all persons present and entitled to vote at any meeting of the Owners at which a quorum is present, any member of the Board of Directors may be removed with or without cause, other than a member appointed by Declarant.
Section 2.07. Quorum. A quorum will be deemed present throughout any meeting of the Association if persons entitled to cast 20 % of the votes which may be cast for election of the Board of Directors of the Association are present in person or by proxy at the beginning of the meeting. A quorum will be deemed present throughout any meeting of the Board of Directors of the Association if persons entitled to cast 50% of the votes on the Board are present at the beginning of the meeting.
ARTICLE III
PROPERTY RIGHTS IN THE LOTS AND COMMON AREA
Section 3.01. Title to the Common Area. No later than upon conveyance of 75 % of the Lots to Owners other than Declarant, Declarant shall convey fee simple title to the Common Area to the Association free and clear of all liens and encumbrances, except this Declaration, then current real property taxes (prorated to the date of conveyance), and liens and encumbrances and other title exceptions of record on the date of recording of this Declaration.
Section 3.02. Members' Easements of Enjovment. Every Member shall have a non-exclusive right and easement in and to the Common Area, including, but not limited to, an easement for ingress
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and egress over and through the Common Area. Each such easement shall be appurtenant [0 and shall pass with the title to every Lot, subject to the following provisions:
(a) The Association shall have the right to adopt uniform rules and regulations
pertaining to the use and enjoyment of the Common Area;
(b) The Association may borrow money and encumber (by mortgage, deed of trust
or otherwise) the Common Area or any part of it for the purpose of improving t.1-je Cornmon Area, provided any such encumbrance shall be expressly subordinate to the rights of the Members;
(c) The right of the Association to suspend a Member's voting rights and Common
Area Use for any period during which any Assessment against his Lot remains unpaid and delinquent, and for a period not to exceed thirty (30) days for any single infraction of the rules and regulations of the Association; provided that any suspension of such voting rights, except for failure to pay Assessments, shall be made only by the Association or a duly appointed committee thereof, after notice and hearing given and held in accordance with the Bylaws;
(d) The right of the Association to dedicate or transfer all or any part of the
Common Area to any pubile agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless an instrument in any number of counterparts signed by Members entitled to cast two-thirds of the votes has been recorded, agreeing to such dedication or transfer, and provided written notice of the proposed action is sent to every Member no less than thirty (30) days nor more than (60) days in advance;
(e) The right of Declarant or its designees to enter upon the Common Area for
purposes of construction and development of the Subdivision and for purposes of making repairs and remedying construction defects; provided such entry shall not interfere with the use of any Improved Lot unless authorized by the Lot Owner; and
(f) The right of the Association to charge reasonable admission and other fees for
the use of any recreational facility situated upon the Common Area.
Section 3.03. Delegation of Use. Any Member may delegate in accordance with the Bylaws, his right of enjoyment to the Common Area to the members of his family, his licensees and invitees, or to his tenants or contract purchasers who are in possession of such Member's Lot.
Section 3.04. Waiver of Use, No Member may exempt himself from personal liability for Assessments duly levied by the Association nor release the Lot owned by him from the liens and charges created by CCIOA and this Declaration, by waiver of the use and enjoyment of the Common Area or the facilities on it or by abandonment of his Lot.
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Section 3 .05. General Restrictions. All Owners of LOIS by their acceptance of their respec[ive deeds, covenant and agree that the Common Area shall remain undivided, and no Owner shall bring any action for partition, it being agreed that this restriction is necessary in order to preserve the rights of Owners with respect to the operation and management of the Property.
Section 3.06. Use of Outlot A. Block 1. Despite anything to the contrary stated elsewhere in this Declaration, Outlot A, Block 1 shall be used only for open space or other use which will not conflict with its function as an area for storm water runoff and detention. This Section shall not be amended without the consent of the Town of Severance.
ARTICLE IV COVENANT FOR ASSESSMENTS
Section 4.01. Creation of the Lien and Personal Obligation of Assessments. The undersigned, for each Lot within the Property (including any Lots subsequently added under Section 13.05), covenants (and each Owner of any Lot by acceptance of a deed for that Lot, whether or not [ shall be so expressed in that deed, is deemed to covenant and agree) to pay to the Association: (a) all Assessments and charges levied against that Lot; (b) all fees, charges, late charges, attorneys fees, fines, collection costs, interest and other sums charged pursuant to this Declaration or as allowed by Section 38-33.3-316(1), C.R.S. or any other provision of CCIOA (as it may be subsequently amended) or by any other applicable law.
All items set forth in this Section, from the time such items become due, shall be a charge on and covenant running with the land and shall be a continuing lien on the Lot against which each such item is charged. If an Assessment is payable in installments, each installment is a lien from the time it becomes due, including the due date set by any valid Association acceleration of installment obligations. A valid acceleration of installment Assessment obligations may be made by the Board a[ any time any Assessment installment is at least thirty days overdue.
~ach such item, together with interest, costs, and reasonable attorneys fees, shall also be the joint and several personal obligation of each person and entity who was the Owner of the Lot at the time when the item became due; provided that, this personal obligation shall not pass to an Owner's successors in title unless expressly assumed by them. No Owner may be exempt from liability for Assessments by waiver of use or enjoyment of Common Area, Association Water, or other assets or benefits of the Association, or by abandonment of any Lot.
The Association's lien on a Lot for Assessments shall be superior to any homestead exemption now or hereafter provided by the laws of the State of Colorado or any exemption now or hereafter provided by the laws of the United States. The acceptance of a deed to a Lot subject to this Declaration shall constitute a waiver of the homestead and any other such exemption as against such Assessment lien.
Section 4.02. Purpose of Assessments. The Assessments levied by the Association shall be used exclusively for: Common Expenses; to promote the health, safety, or welfare of the residences in the Property; or for the benefit of the Common Area or Association Water; or for any other purpose of the Association, as those purposes are specified by this Declaration, the Articles, or as otherwise authorized by CCIOA or other applicable law.
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Section 4.03. Initial Assessment.
(a) The initial Regular Assessment for Common Expenses of the Association shall
be fixed in an amount set by, and made upon the resolution of, the Board of Directors of the Association.
(b) After any Assessment has been made by the Association, Regular Assessments
shall be made no less frequently than arL'1ual1y based on a budget adopted by the Association as described elsewhere in this Declaration. Assessments may include, without limitation, Capital Improvement Assessments and allocations for reserves for repair or replacement of existing capital items and acquisition, construction, and existing capital items and acquisition, construction, and installation of new improvements, all to the extent set forth in the approved budget upon which such Assessment is based.
(c) Until the Board of Directors of the Association makes an Assessment, all
expenses of the Association shall be paid by Declarant.
Section 4.04. Date of Commencement of Assessments; Due Dates. The first Regular Assessment for Common Expenses shall be adjusted according to the number of months remaining in the calendar year for which the Assessment is made, if less than a full year. Thereafter, the Board shall fix the amount of the annual Regular Assessment against each Lot at least thirty (30) days in advance of each annual Assessment period. Written notice of the annual Regular Assessment shall be sent to every Owner subject to the Assessment. The due date(s) shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the Assessments on a specified Lot have been paid. Special Assessments and Capital Improvement Assessments may be made by the Board at any time, except as limited by the Declaration, CCIOA or other applicable law.
Section 4.05. Expense Allocation. Except as otherwise stated in this Section, or as otherwise provided by CCIOA or other applicable law, each Lot shall be allocated a fraction of the Common Expenses of the Association in which the numerator is one and the denominator is the number of Lots then in the Subdivision. If permitted by CCIOA or other applicable law, any Common Expense or portion of any Common Expense benefiting or caused by fewer than all Lots shall be assessed exclusively against the Lots benefited by or causing the Common Expense or other cost or expense.
Section 4.06. Priority of Lien. The lien for Assessments, which includes without limitation all those items specified in item (a) and (b) in Section 4.01 of this Article IV shall have the priority specified in CCIOA which, as of the date of the Declaration, is codified at Section 38-33.3-316(2), C.R.S. or other applicable law.
ARTICLE V BUDGET AND RECORDS
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Section 5.01. Books and Records. The Board of Directors shall cause to be maintained a full set of books and records showing the financial condition or the affairs of the Association in a manner consistent with generally accepted accounting principles. All books, records, and papers or the Association shall be available for inspection and copying by any Member or his representative during regular business hours at the principal office of the Association. The Board of Directors may establish reasonable rules concerning notice to be given the custodian of the records by anyone desiring to inspect them, and payment of reproduction costs by the requesting Member.
Section 5.02. Annual Budget. The Board of Directors shall cause to be prepared no less than annually an operating budget, balance sheet, and cash flow statement for the Association.
Section 5.03. Delivery of Budget. Within thirty (30) days after adoption of any proposed budget, the Board of Directors shall mail, by ordinary first-class mail, or otherwise deliver a summary of the budget to all Owners and shall set a date for a meeting of the Owners to consider ratification of the budget not less than fourteen (14) nor more than sixty (60) days after mailing or other delivery of the summary ..
Section 5.04. Ratification of Budget. Unless at the meeting Owners representing a majority of all Lots reject the budget, the budget is ratified, whether or not a quorum is present.
Section 5.05. Rejection of Bud2et. In the event that the proposed budget is rejected, the budget last ratified by the Owners must be continued until such time as the Owners ratify a subsequent budget proposed by the Board of Directors.
Section 5.06. Reserve Fund. As part of each annual budget, the Board of Directors shall include an amount which, in its reasonable business judgment, will at least establish and maintain an adequate reserve fund for the placement of any personal property, fixtures, and improvements required to be operated or maintained by the Association based upon age, remaining life, replacement cost, and any other relevant factors.
ARTICLE VI
NONPA YMENT OF ASSESSMENTS
Section 6.01. Delinquency. Any Assessment provided for in this Declaration which is not paid when due shall be delinquent. If any such Assessment is not paid within thirty (30) days after the delinquency date, the Assessment shall bear interest from the date of delinquency at a rate not to exceed the maximum rate of interest (presently 21% per annum) permitted by CCIOA or other applicable law. The Association may, at its option, bring an action at law against the Owner personally obligated to pay the same or, upon compliance with the notice provisions set forth in Section 6.02 below, foreclose the lien provided for in Section 4.01 above against the Lot(s) as to which the Assessment has not bee paid, and in either case there shall be added to the amount of such Assessment and interest thereon, all costs which may be incurred by the Association in its collection thereof, including reasonable attorney's fees. Each Owner vests in the Association or its assigns the right and power to bring all actions at law or institute judicial foreclosure proceedings against such Owner or other Owners for the collection of such delii1quent Assessments.
June 1, 2014
RESOLUTION FOR SUMMIT VIEW SUBDIVISION HOME OWNER'S ASSOCIATION TO ADOPT THE POLICIES AS HEREIN DESCRIBED AND AS STATED IN SECTION 5 OF COLORADO REVISED STATUTES 38-33.3-209.5, CONCERNING THE FUTURE COLLECTION OF PAST DUES, PENALTIES, AND ASSESSMENTS.
I. Annual HOA Dues are to be paid my members by January 31st of each year. Any unpaid dues will be considered past due and delinquent if not paid by February 1st of each year.
II. Interest will be imposed on all past due accounts at the rate of 24% per annum, 2.0% per month.
III. A six month payment plan will be offered if requested in writing by a delinquent member. This plan would be the total of dues owed plus accrued interest divided by six (6). Upon non-payment of this plan, account will be turned over to attorney for filing of lien and further collection options. Attorney fees and costs will be added to the delinquent account.
IV. The legal remedies that will be used to collect a delinquent account will include turning account over to an attorney or collection agency, a lien filed with Weld County against the property, a lawsuit being filed against the property owner, the filing and foreclosure of a lien against the property, and any other collection remedy available under Colorado Law.
This proposed resolution was read, discussed, edited, and voted upon by the Summit View Board of Directors on Tuesday May 6th, 2014. The resolution was passed unanimously by the Board of Directors, and confirmed by signing below. This resolution will be added as an amendment to the Declaration of Covenants of the Summit View Subdivision Home Owner's Association.
SKLD WW 10.199.51.64 WE 2996669-2002.009
Section 6.02. Foreclosure Sale. Any foreclosure sale related to an Assessment lien is to be conducted in accordance with those provisions of the laws and rules of the courts of the State of Colorado applicable to the foreclosure of mortgages, or in any other manner then permitted or provided by applicable law. The Association, through its duly authorized agents, shall have the power to bid on the Lot at foreclosure sale, and to acquire and hold, lease, mortgage and convey the same in the name of the Association.
Section 6.03. Curing of Default. Upon the timely curing of any Assessment delinquency the Association is authorized to file or record, as the case may be, a certificate setting forth the satisfaction of such claim and release of such lien, upon payment by the defaulting Owner of a fee, to be determined by the Association, to cover the costs of preparing and filing or recording such release, and other expenses incurred.
Section 6.04 Cumulative Remedies The Assessment lien and the rights of foreclosure and sale under it shall be in addition to and not in substitution for all other rights and remedies which the Association and its assigns may have under this Declaration and then applicable law, including without limitation a suit to recover a money judgment for unpaid Assessments, as above provided.
ARTICLE V ARCHITECTURAL CONTROL
Section 7.01. Architectural Approval. All improvements on any Lot shall be in compliance with the zoning approved by the Town of Severance. No building, fence, wall, sign or other structure shall be commenced, erected or maintained upon the Property (including the Common Area), nor shall any exterior addition to or change or alteration (including without limitation painting, landscaping, irrigation systems, fences, trash receptacles) be made until plans and specifications showing the nature, kind, shape, height, materials, location and other relevant information of the same have been submitted to and approved in writing by the Architectural Control Committee (the "Committee") as to harmony of external design and location in relation to surrounding structures, topography and other matters specified in this Article VII except for Sections 7.06 through 7.13 and the first sentence of this Section 7.01; provided, however, that Declarant and any successor Declarant shall not be required to comply with the provisions of this Article VII. In the event said Committee, or its designated representatives fails to approve or disapprove such plans in writing within fifteen (15) days after a plan has been submitted to it, the plans will be deemed to have been approved ..
Section 7.02. Plan Submittal Procedure. AU plans and specifications required to be submitted to the Committee under Section 7.01 must be submitted in the form of a complete application. A complete application shall mean submission by the Owner of three (3) copies of finished working drawings and specifications complying with provisions outlined in this Article.
Section 7.03. Plan Requirements. Residence plans must consist of: exterior elevations, a plot plan including property lines, set backs, easements, structures, driveways, any accessory structures, fences, proposed grading, plus floor plans indicating square footage. Exterior colors shall also be submitted.
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Section 7.04. Permits and Fees. The Owner shall apply for and pay all fees for all permits and inspections required by the governing authorities and codes for any improvements covered by this Article VII.
Section 7.05. Completion. Approved projects must be completed within the later of six (6) months after issuance of a building permit or within six months after approval by the Committee if no building permit is required. Failure to complete work within the prescribed time may cause the approval to be rescinded and resubmittal will be required. The Committee may grant an extension under extenuating circumstances brought to its attention.
Section 7.06. Building Size. In considering the design of proposed improvements, the Committee shall consider, without limitation, maintaining compatibility with the natural setting of the Property and not permitting any proposed Residence or other improvement to dominate the surrounding Residences and area. Minimum square footage of heated living area for a Residence (excluding garage, enclosed patios and decks, attics and unheated storage areas) in Summit View Subdivision shall be 900 square feet for all Lots.
Section 7.07. Repetition of Residence Design. The exterior design of a Residence shall not be repeated within three (3) adjacent lots (Lots separated by a street are not considered adjacent). A design can be used within the three adjacent lots if the exterior design is substantially changed. Such substantial change shall include, but does not need to be limited to: roof configuration, siding window location, window sizes, garage door and front entrance. The Committee will have the right to decide if the design meets these requirements.
Section 7.08. Exterior Colors. Semi-transparent or solid colors in moderate hues only are acceptable, and must be approved by the Committee. The color combination for the body and trim of a Residence may not be repeated by any other adjacent Living Unit within two (2) Lots (Lots separated by a street are not considered adjacent).
Section 7.09. Roofs. Roofs must be architectural asphalt shingle with at least a thirty (30) year life, unless otherwise approved by the Committee. A minimum four (4) in twelve (12) pitch shall be maintained on all roofs. All roof colors must be of a moderate hue as approved by the Committee.
Section 7.10. Exterior Walls. All Residences shall have at least twenty-five percent (25%) brick, rock, stone or comparable material highlights, approved by the Committee, on the front of all homes. All elevations or each Residence shall be of cedar, redwood, oriented stranded board, cement board or other approved material, in a tongue and groove, lap siding, or board and bat pattern, or of a masonry or stucco veneer.
Section 7.11. Windows. Windows shall be or a design and color complementary to the exterior of the Residence. Window frames of mill finished aluminum will not be allowed.
Section 7.12. Drivewavs. All driveways shall be composed of concrete unless otherwise approved by the Committee.
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Section 7 .13. Structures. Only new construction shall be permitted in the Subdivision. No structure shall be built or placed on the Property without submittal to, and approval by, the Committee in accordance with this Article VII.
Section 7. 14. Time of Construction. Subject to the time limits stated in Section 7.05, all projects approved by the Committee shall be diligently commenced and completed in compliance with this Declaration and all applicable laws, ordinances and codes. In addition, each Owner acquiring from Declarant any Lot(s) on which a Residence is not located at the time of purchase shall commence construction of a Residence within one year after the date of purchase, unless an extension is granted by the Committee prior to the expiration of that one year period.
ARTICLE VI .
ARCHTECTURAL CONTROL COMMITTEE
Section 8.01. Composition of the Committee. The Committee shall consist of three (3) or more persons appointed by the Board of Directors of the Association; provided, however, that until Declarant has conveyed all Lots to Owners other than the Declarant, or until ten (10) years after the date of the recording of this Declaration in the office of the Clerk and Recorder of Weld County, Colorado, whichever occurs earlier, Declarant shall appoint the Committee. Reasonable effort shall be made to have a licensed architect as a Committee member. The power of the Declarant to "appoint", as provided herein, shall include without limitation the power to: initially constitute the membership of the Committee, appoint member(s) to the Committee upon the occurrence of any vacancy, and for whatever reason to remove any member of the Committee, with or without cause, at any time, and appoint a successor; and each such appointment may be made for such term(s) of office, subject to the aforesaid power of removal, as may be set from time to time in the discretion of the Declarant. AU improvements within the Property constructed by Declarant during the period in which it appoints the Committee shall be deemed approved by the Committee without the issuance of any writing evidencing such approval.
Section 8.02. No Liability. Neither Declarant or the Association, nor the Committee or its members, shall be liable in damages to anyone submitting plans or specifications to them for approval, or to any owner of property affected by these restrictions by reason of a mistake in judgment, negligence or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve or disapprove any such plans or specifications. Any Owner submitting, or causing to be submitted, any plans or specifications, agrees and covenants on behalf of himself and his heirs, successors, legal representatives, and assigns that he will not bring any action or suit at law or in equity against the Declarant, the Association, the Committee, or any of the Members thereof to recover any such damage_
Section 8.03. Notice of Noncompliance or Noncompletion. Notwithstanding anything to the contrary contained in this Declaration, after the expiration of one (1) year from the date of completion of construction of any improvements wit.1:lin the Property, such improvements shall, in favor of purchasers and encumbrances in good faith and for value, be deemed to be in compliance with all the provisions in this Article VIII, unless actual notice of such noncompliance and noncompletion, executed by the Committee or its designated representatives, shall appear of record in the office of the County Recorder of Weld County, Colorado, or unless legal proceedings shall have been instituted to enforce compliance or completion.
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Section 8.04. Rules and Regulations. The Committee may from time to time, in its sole discretion, adopt, amend and repeal rules and regulations interpreting and implementing the provisions of this Article VIII.
Section 8.05. Variances. Where circumstances (such as topography, location of property lines, location of trees, or other matters) require, t.T1e Committee, by the vote or written consent of a majority of the Members thereof, may allow reasonable variances evidenced in writing as to any of the covenants, conditions or restrictions contained in the Declaration under the jurisdiction of the Committee, on such terms and conditions as it shall require. The granting of a variance shall not operate to waive on any other occasion any of the terms and provisions hereof covered by the variance and shall not necessarily serve as a basis for subsequent variances with respect to any other request. The granting of any variance shall not affect in any way the Association's or Owner's obligation to comply with the ordinances of the Town of Severance and other applicable governmental laws or regulations.
Section-8.06. Appointment and Designation. The Committee may from time to time. by the vote or written consent of a majority of its members, delegate any of its rights or responsibilities hereunder to one or more duly licensed architects or other qualified persons who shall have full authority to act on behalf of the Committee in all matters delegated.
Section 8.07. Review Fee and Address. Any plans and specifications shall be submitted in writing for approval together with a reasonable processing fee determined by the Board. The address of the Committee shall be the principal place of business of the Association or such other place as the Committee may from time to time designate in writing to the Board of Directors. The address shall be the place for the submittal of any plans or specifications and the place where the current rules and regulations, if any, of the Committee shall be kept.
Section 8.08. Inspection. Any member or agent of the Committee may from time to time at any reasonable hour or hours and upon reasonable prior notice enter and inspect any property subject to the jurisdiction of the Committee as to its improvement or maintenance in compliance with the provisions thereat
Section 8.09. General Provisions. The members of the Committee shall not be entitled to any compensation for services performed under this Article VIII. The powers and duties of the Committee shall cease and terminate on the earlier of termination of this Declaration or a date forty (40) years after the date of the recording of this Declaration. Thereafter, the approval described in t.l1is Article VIII shall not be required unless, prior to that date a written instrument is executed and duly recorded by the then record Owners of a majority of the Lots appointing a representative or representatives who shall thereafter exercise the same powers previously exercised by the Committee.
Section 8.10. Compliance with Governmental Laws. The Declarant, its successors and assigns, all Owners of any Lot and their successors and assigns by their acceptance of their respective deeds, and the Association, shall be bound by and subject to the laws of the State of Colorado and ordinances of the Town of Severance and all other applicable governmental laws or regulations. No building or other structure or addition or change or alteration thereof shall be commenced, constructed, erected, placed, altered, maintained or permitted to remain on any of the real property within the
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Property, including the Common Area, which is in violation with an)' of the laws or ordinances of the Town of Severance or any other applicable governmental laws or regulations.
ARTICLE IX ASSOCIATION POWERS
Section 9.01. Authoritv. The Association shall have all rights, powers, and authority specified or permitted by: (a) CCIOA; (b) any other applicable law; (c) This Declaration; and (d) the Articles and Bylaws, to the extent not inconsistent with (a), (b) or (c).
Section 9.02. Actions Against Owners. The Association may take judicial action against any Owner to enforce compliance with any provisions of this Declaration, obtain mandatory or injunctive relief, or obtain damages for noncompliance and exercise any other right or remedy for enforcement of this Declaration permitted by law. AU of such rights and remedies of the Association shall be cumulative and nonexclusive.
Section 9.03. Conveyance or Encumbrance. The Association shall have the right to encumber, dedicate, or convey all or any part of the Common Area or the Association interest in Association Water or any other Association asset. However, no such encumbrance, dedication, or conveyance shall be effective except in an instrument signed by seventy-five percent (75 %) of all Owners, including seventy-five percent of all Owners other than Declarant, agreeing to such encumbrance, dedication, or transfer has been recorded in the Weld County records. Such instrument may be signed in counterparts which shall together constitute a single agreement.
Section 9.04. Management Agreement and Other Contracts.
(a) The Association may utilize professional management in performing its duties.
Any agreement for professional management of the Association's business or any contract providing for the services of Declarant shall have a maximum term of three (3) years and shall provide for termination by either party thereto, with or without cause and without payment of a termination fee, upon thirty (30) days prior written notice.
(b) Any contracts, licenses or leases entered into by the Association while the
Declarant controls the Association shall provide for termination by either party thereto, with or without cause and without payment of a termination fee, at any time after termination of the Declarant's control or the Association, upon thirty (30) days prior written notice.
(c) Notwithstanding anything to the contrary contained in this Section 9.04, the
Association may enter into contracts, licenses and leases in violation of this Article IX upon a waiver of any requirements contained herein by the Federal National Mortgage Association.
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Section 9.05. Owner's Negligence. In the event that the need for maintenance or repair of the
Common Area is caused by the willful or negligent act or omission of any Owner, or by the willful or negligent act or omission of any member of such Owner's family or by a guest or invitee of such
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Owner, the cost of such repair or maintenance shall be the personal obligation of such Owner, and any costs, expenses and fees incurred by the Association for such maintenance, repair or reconstruction shall be added to and become part or the Assessment as a Special Assessment or part of a Regular Assessment to which such Owner's Lot is subject and shall become a lien against such Owner's Lot. A determination of the negligence or willful act or omission of any Owner or any member of the Owner's family or a guest or invitee or any Owner, and the amount of the Owner's liability therefore, shall be determined by the Association at a hearing after notice to the Owner, provided that any such determination which assigns liability to any Owner pursuant to the terms of this Section may be
appealed by said Owner to a court of law. ~
(a) No Owner shall engage in any activity which will temporarily or permanently
deny free access to any part of the Common Area to all Members, nor shall any Owner place any structure or fence, except those installed by Declarant whatsoever upon the Common Area.
(b) The use of the Common Area shall be subject to such rules and regulations as
may be adopted from time to rime by the Board of Directors.
ARTICLE IX-A
USE RESTRICTIONS
Section gA.Ol. Delegation of Use. Any Owner may delegate, subject to any Bylaw, his right of enjoyment to the Common Area and use of Association Water to the members of his family residing with him, his tenants, or contract purchasers who reside on the Lot owned by that Owner.
Section 9A.02. Declarant's Use. Notwithstanding any provisions herein contained to the contrary, it shall be expressly permissible for Declarant, its successors and assigns, or any agent, contractor, subcontractor or employee of the Declarant to maintain during the period of construction and sale upon such portion of the properties as Declarant deems necessary such facilities as in the sole opinion of Declarant may be reasonably required, convenient or incidental to said construction and sale, including, but without limitation, a business office, storage area, construction yards, signs, model units and sales office.
Section 9A.03, Use of Property. In addition to the duties stated elsewhere in this Declaration, each Owner shall have the duty and obligation to perform and comply with the
\ following restrictions to preserve the overall value of the entire Property.
(a) Only one single family dwelling may be constructed on each Lot. Each
single family dwelling may only be occupied by a single family. A "single family" is any number of persons living together as a single dwelling unit who are related by blood, marriage, common law marriage or adoption, but excludes any group of more than four individuals who are not all related by blood, marriage, or adoption.
(b) No portion of any Lot shall be used other than for residential purposes,
except as expressly permitted by this subsection (b). No commercial activities of any kind shall be carried on in any portion of the Property
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except activities relating to the sale or rental of Lots, nor shall any goods, equipment, vehicles, materials, or supplies used in connection with any trade, service, or business be kept or stored on any such Lot. This subsection, however, shall not be construed so as to prevent or prohibit an Owner from maintaining his professional records or accounts, handling his personal or professional business or professional telephone calls, or occasionally conferring with business or professional associates on his Lot.
(c) Maintenance, upkeep and repairs of any residence or other improvements on
each Lot shall be the sale responsibility of the Owner thereof.
(d) All utilities lines, fixtures and equipment exclusively serving a Lot
(excluding, for example, utilities trunk lines) installed within the perimeter of that Lot, shall be maintained and kept in repair by the Owner thereof. An Owner shall not impair any easement or allow any condition to exist which will adversely affect the other Lots or their Owners.
Section 9A.04. Household Pets. No animals, livestock, reptiles, poultry or insects, of any kind, shall be raised, bred, kept or boarded in or on the Property; provided, however, that the Owners of each Lot may keep a reasonable number of dogs, cats, fish or other domestic animals which .are bona fide household pets, so long as such pet(s) are not kept for any commercial purpose and are not kept in such number or in such manner as to create a nuisance to any resident(s) of the Property. An Owner's right to keep household pet(s) shall be coupled with the responsibility to pay for any costs to the Association for any damages caused by such Owner's pet(s).
Section 9A.05. Lots to be Maintained. The Owners shall keep, maintain, and repair their Lots and improvements on their Lots (including, for example, landscaping) in a neat, clean, cultivated, attractive, and well maintained condition, free from the accumulation of trash or debris. If any Owner fails to keep and maintain that Owner's Lot(s) or improvements in accordance with. this provision, the Association may (but shall not have the obligation to) conduct such maintenance, repairs, or restoration and assess its cost as a Special Assessment to the Owner on whose Lot or improvement such maintenance or repairs were conducted.
Section 9A.06. Temporary Structures. Time Limits For Construction. Except as expressly permitted by this Declaration, no structure of a temporary character, including but not limited to a house trailer, tent, shack, or outbuilding shall be placed or erected upon any Lot, and no Residence shall be occupied in any manner at any time prior to its being fully completed, nor shall any Residence when completed be in any manner occupied until made to comply with ail requirements, conditions, and restrictions herein set forth; provided, however, that during the actual construction, alteration, repair or remodeling of a Residence, necessary temporary structures for storage of materials may be erected and maintained by the person doing such work.
Section 9A.07. Signs. No sign, graphic, or advertising device shall be placed on the Property except (a) one sign of not more than six (6) square feet advertising a Lot for sale, and (all political signs in support of candidates or ballot issues limited to the ninety day period including and immediately preceding the election date on which the candidates or issues will be voted upon. This
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provision shall not limit or preclude street, road, or residence identification signs or traffic control signs or devices.
Section 9A.08. Antennas. Except to the extent expressly limited or prohibited by applicable federal or state law or regulation, no antenna for transmission or reception of television signals or any other form of electromagnetic radiation shall be erected., used, or maintained on any Lot outside of the residence on that Lot, except (a) a satellite dish not more than 24 inches in diameter or completely screened from view by solid fencing complying with the requirements of this Declaration, or (b) as otherwise permitted by the Association.
Section 9A.09. Yard Ornamentation. All ornamentation in yards, such as figurines, plastic flowers, colored lights, windmills, bird baths or feeders, shall either be screened from public view or approved by the Architectural Control Committee. This Section shall not apply to seasonal holiday decorations which are promptly removed after the holiday or to the display of the flag of the United States of America on national holidays.
No clotheslines, dog runs, drying yards, service yards, wood piles or storage areas shall be so located on any Lot as to be visible from a street. Any accessory building shall be a maximum of eight (8) feet in height shall be subject to the review and approval of the Architectural Control Committee.
Section 9A.I0. Vehicular Parking. Storage and Repairs.
(a) Any house trailer, camping trailer, boat trailer, hauling trailer, running
gear, boat, or accessories thereto, motor-driven cycle, truck (larger than one ton), self-contained motorized recreational vehicle, or other type of recreational vehicle or equipment, may be parked or stored on or within the Property only if such parking or storage is done wholly within the enclosed garage located on a Lot or is otherwise screened by a solid fence six (6) feet in height (even if the vehicle exceeds that height). Section 9A.19 therefore further limits the location of such a fenced vehicle storage area. Any such vehicle may be parked as a temporary expedience for loading, delivery, or emergency. _ This restriction, however, shall not restrict trucks or other commercial vehicles within the Property which are necessary for construction or for the maintenance of the Common Area, Lots, or any improvements located thereon.
(b) Except as hereinabove provided, no abandoned or inoperable automobiles or
vehicles of any kind shall be stored or parked on or within the Property. An "abandoned or inoperable vehicle~ shall be defined as any automobile, truck, motorcycle, boat, trailer, camper, house trailer, self-contained motorized recreational vehicle, or oilier similar vehicle, which has not been driven under its own propulsion for a period of two (2) weeks or longer, or which does not have an operable propulsion system installed therein;
. provided, however, that otherwise permitted vehicles parked by Owners while on vacation or during a period of illness shall not constitute abandoned or inoperable vehicles. In the event the Association shall determine that a vehicle is an abandoned or inoperable vehicle, then a written notice
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describing said vehicle shall be personally delivered to the Owner thereof (if such owner can be reasonably ascertained) or shall be conspicuously placed upon the vehicle (if the owner thereof cannot be reasonably ascertained), and if the abandoned or inoperable vehicle is not removed within 72 hours thereafter, t.'1e Association shall have the right to remove the vehicle at the sale expense of the Owner thereof.
(c) No activity such as, but not limited to, maintenance, repair, rebuilding,
dismantling, repainting, or servicing of any kind of vehicles, trailers or boats, may be performed or conducted on or within the Property, unless it is done within a 24-hour time period or within completely enclosed structure(s) which screen the sight and sound of the activity from the street, from adjoining Lots and other property, and the Common Area. The foregoing restrictions shall not be deemed to prevent washing and polishing or any motor vehicle, boat, trailer, or motor-driven cycle, together with those activities normally incident and necessary to such washing and polishing.
(d) Each residence shall have a minimum of a two (2) car garage and a
maximum of a four (4) car garage.
Section 9A.ll. Nuisances. No nuisance shall be permitted on or within the Property, nor any use, activity or practice which is the source of annoyance or embarrassment to, or which offends or disturbs any residents of the Property, or which interferes with the peaceful enjoyment or possession and proper use of the Property, or any portion thereof by its residents. As used herein, the term "nuisance" shall not include any activities of Declarant or its designees which are reasonably necessary to the development of and construction on the Property; provided, however, that such activities of the Declarant or its designees shall not unreasonably interfere with any Owner's use and enjoyment of his Lot or the Common Area, or with any Owner's ingress and egress to or from his Lot and a public way.
Section 9A.12. Lots Not to be Subdivided. No Lot shall be subdivided, except for the purpose of combining all or portions with one or more adjoining Lots, provided that no additional building site is created thereby. Not less than one entire Lot, as conveyed, shall be used as a building site.
Section 9A.13. Underground Utility Lines. All electric, television, radio, and telephone line installations shall be placed underground, except that during the construction or any residence the contractor or builder may install a temporary overhead utility line which shall be promptly removed upon completion of the construction.
Section 9A.14. No Hazardous Activities. No activities shall be conducted on the Property or within the improvements constructed on or within the Property which are or might be unsafe or hazardous to any person or property .
Section 9A.15. No Annoying Light, Sounds or Odors. No light shall be permitted from any Lot which is unreasonably bright or causes unreasonable glare when viewed from the street, adjacent Lot or property or Common Area. No sound shall be emitted from any Lot which is
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unreasonably loud or annoying and no odor shall be permitted from any Lot which is noxious or offensive to others. No firearms, explosives, air or BB guns, bows or similar devises shall be discharged on the Property.
Section 9A.16. Garbage and Refuse Disposal. No garbage, refuse, rubbish, or cuttings shall be deposited on any street, the Common Area, or any Lot, unless placed in a suitable container suitably located, solely for the purpose of garbage pickup. All containers shall be removed. from the street the same day and returned to their screened Area. All equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition. No garbage or trash cans or receptacles shall be maintained in an exposed or unsightly manner. AU trash receptacles shall be screened from view of the street, neighboring Lots and the Common Area. No elevated tanks of any kind (oil, gas, water, etc.) shall be constructed on any Lot.
Section 9A.17. Leases.' The term "lease" as used herein, shall include any agreement for the leasing or rental of a Lot or any portion thereof, and shall specifically include, without limitation, a month-to-month rental. Any Owner shall have the right to lease his Lot under the following conditions:
(a) All leases shall be in writing;
(b) All leases and lessee's occupancy of the Lot shall be subject in all respects
to the provisions of this Declaration, and the Articles, Bylaws and rules and regulations of the Association, and failure by the lessee to comply with any of the aforesaid documents, in any respect, shall be a default under the lease;
(c) No lease shall be for less than thirty (30) days;
(d) A copy of all leases must be kept on file with the Property Manager; and
(e) The permanent address and phone number of the Lot Owner must be kept on
file with the Property Manager.
The provisions of (b) and (c) above shall be contained in each lease, but shall also be deemed to be implied terms of each such lease, whether or not actually contained in the lease.
Section 9A.18. No Mineral Exploration or Development. No oil drilling, oil development operations, oil refining, quarrying, or mining operations of any kind shall be permitted or undertaken on any portion of the Property nor shall oil wells, tanks, tunnels, mineral excavations, or shafts be permitted on any portion of the Property. No derrick or other structure designed for exploration for oil or natural gas shall be erected, maintained, or permitted on any portion of the Property.
Section 9A.19. Fences. No fencing, privacy walls or hedges exceeding three feet in height shall be constructed or permitted closer to any street than the nearest point of the residence on that Lot to that street. All fences shall not exceed six (6) feet in height and be constructed of wood or, if approved by the Architectural Control Committee in its sole discretion, vinyl or plastic 10 maintain the aesthetic quality of the Property. Chain link, cyclone or wire type fencing will not be permitted
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on the Lot, unless the chain link, cyclone or wire type fence is not on a property line of the Lot and fully screened from view of adjacent properties and the street.
Section 9A.20. Service Area. Storage or accessory buildings (such as dog houses, tool sheds, firewood, garbage, barbeque type buildings or enclosures), non-portable or affixed outdoor furniture such as picnic tables, barbecues, hot tubs, etc., shall be reasonably screened from public and neighboring view.
Section 9A.21. Climate Control. Placement of heat pump and condenser units shall provide visual screening and noise attenuation to the neighboring Lots and Common Areas. Use of solar heating systems is acceptable providing that the panels or collectors are integrated into the structure with regard to the overall appearance and design, subject to approval by the Committee. Window mounted and through the wall units are not allowed unless screened from the street, neighboring Lots and the Common Area.
Section 9A.22. Basements. Basements are allowed.
Section 9A.23. Structure. No home or garage shall be of the type known as "prebuilt, precut, modular, manufactured or mobile homes, ~ regardless of its quality.
Section 9A.24. Landscaping:. Except as otherwise provided herein, the maintenance and repair of each Lot, including but not limited to landscaping, the interior and exterior of the residence, improvements constructed thereon, and the interior of any fence on the boundary line of a Common Area and a Lot shall be the responsibility of the Owner(s) thereof. It shall be the duty and obligation of each Owner (excluding Declarant) to landscape the front yard of his or her Lot within one hundred twenty (120) days from issuance of a Certificate of Occupancy and the backyard of his or her Lot within one (1) year from the issuance of a Certificate of Occupancy. The landscaping shall include at least one (1) tree, and five (5) shrubs. The time limits contained herein may be extended for good cause, a one time extension of time for an additional one hundred twenty (120) days may be granted to comply with this provision by the Architectural Control Committee in writing.
All Owners are encouraged to landscape each Lot utilizing zeroscape landscaping methods and techniques to minimize water usage for landscaping purposes. Yard areas not covered by lawn or other landscaping will be covered with rock (preferably river rock) or bark mulch.
Mounding of planting beds and lawn areas will be permitted if graded so as to blend with adjacent property and/or landscaping. Special care shall be taken to insure proper surface drainage to eliminate casual water pockets, so as to not infringe on neighboring property.
In the event any Owner maintains and keeps his yard or home in a condition which violates any of the use restrictions hereinabove set forth, the Board of Directors of the Association shall have the power to contract with an independent third party to remedy the violation. Such right to remedy shall arise after seven (7) days written notice of the nature of the violation is given to the Owner of the Lot, and the Owner has failed to remedy the violation within the seven (7) day period. The cost of correcting the violation shall be paid as a Special Assessment and is enforceable by the
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Association against the Owner of the Lot in violation. This remedy shall be in addition to other remedies provided herein for enforcement of the provisions of this Declaration.
Section 9A.25. Maintenance of Common Area. To the extent not performed by the applicable governmental entity or Owner, the Association shall be responsible for the landscaping and maintenance of the Common Area, including but not limited to repair of signage, fencing, stone columns, irrigation equipment, lighting and electrical fixtures and equipment, and plantings. No Owner shall, in whole or in part, change the landscaping, grade or fencing or in any way change the retaining wall on any portion of the Common Area.
ARTICLE X ASSOCIATION WATER
Section 10.01. Management of Association Water. The Association shall have the
exclusive authority to allocate, deliver, manage, and control the use of the Association Water. Further, the Association shall have the exclusive authority to own, operate, repair, and maintain the Irrigation Facilities. The Association's authority shall include (without limitation) the promulgation of rules, regulations, policies, and procedures, not inconsistent with this Declaration, concerning the application and use of Association Water, including conservation measures and measures to reduce peak demand.
Section 10.02. Easements for Ingress and Egress. All Irrigation Facilities shall be owned, operated, and maintained by the Association. Each Owner grants to the Association reasonable ingress and egress over, under, and across all easements shown on the Map or any recorded plat of any portion of t..T1e Subdivision for the purpose of operating, repairing, or maintaining Irrigation Facilities. No Owner shall construct, erect, Or maintain any improvement or structure which shall interfere with the Association's ownership, operation, and maintenance of Irrigation Facilities. The Association shall have the authority to remove or alter any structure or improvement which shall interfere with the ownership, operation, and maintenance of the Irrigation Facilities, the costs of such removal to be borne by the Owner of the interfering improvement or structure. Despite anything to the contrary stated elsewhere in this Article X, Declarant shall have the right to utilize the Irrigation Facilities to provide irrigation water to land added to the Property under Section 13.05; provided that:
(a) The irrigation water utilized with Irrigation Facilities becomes Association
Water when the land is added to the Property, and
(b) This added use of the Irrigation Facilities does not interfere with delivery of
Association Water then being delivered to Lots through the Irrigation Facilities.
Section 10.03. Irrigation Assessments. N/A
Section 10.04. Flow Restriction: Water Availability'. N/A
Section 10.05. Maintenance and Water Assessments. N/A
Section 10.06. Transfer to Association. No later than upon conveyance of 75 % of the Lots 21
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to Owners other than Declarant, Declarant shall convey fee simple title IO Irrigation Facilities to the Association free and clear of al11ieI).S and encumbrances, except this Declaration, then current real property taxes (prorated to the date of conveyance), and title exceptions of record on the date of recording this Declaration.
ARTICLE XI INSURANCE
Section 11. 0 1. Insurance. The Association shall obtain and maintain insurance as required by the CCIOA, currently codified at C.R.S. § 38-33.3-313.
Section 11,02. Corporate Employees, If any Owner or Association employee controls or disburses Association funds, the Association must obtain and maintain, to the extent reasonably available, fidelity insurance in an aggregate amount equal to not less than two months of current Assessments plus reserve calculated from the then-current budget of the Association.
Section 11. 03. Independent Contractors. Any person employed as an independent contractor by the Association for the purposes of managing the Association must obtain and maintain fidelity insurance in that same amount unless the Association names such a person as an insured employee in a contract of fidelity insurance described above.
Section 11.04. Additional Coverage, The Association may carry or require of an independent contractor employed to manage the Association fidelity insurance coverage in an amount greater than that specified in this section. In addition, the Association may carry any other insurance, such as directors and officers coverage, unless otherwise prohibited by law,
Section 11.05. Common Expenses. Premiums for insurance required by the Association under this provision are Common Expenses of the Association.
ARTICLE XII
DAMAGE OR DESTRUCTION OF COMMON AREA
In the event of damage or destruction to any improvement installed by the Association within the Common Area due to fire or other adversity or disaster, the insurance proceeds, if sufficient to reconstruct or repair the damage, shall be applied by the Association to such reconstruction and repair. If the insurance proceeds with respect to such Common Area damage or destruction are insufficient to repair and reconstruct the damaged or destroyed Common Area, the Association may levy a reconstruction assessment in the aggregate amount of such deficiency and shall proceed to make such repairs or reconstruction, unless:
(1) the planned community is terminated;
(2) repair or replacement would be illegal under any state or local statute or
ordinance governing health or safety;
(3) eighty percent (80%) of the Owners, including every Owner of a Lot that
will not be rebuilt, vote to not rebuild; or
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(4) prior to the conveyance of any Lot to a person other than Declarant, the
holder of a deed of trust or mortgage on the damaged portion of the Common Area rightfully demands all or a substantial part of the insurance proceeds;
provided that distributions of insurance proceeds shall be made unless made jointly payable to the Owners and First Mortgagees of their respective Lots, if any. The reconstruction Assessment provided for herein shall be a debt of each Owner and a lien on his Lot and the improvements thereon, and may be enforced and collected in the same manner as any Assessment lien provided for in this Declaration.
ARTICLE XIII GENERAL PROVISIONS
Section 13.01. Severability, Invalidation of any of the covenants, restrictions or other provisions contained in this Declaration shall in no way affect or limit any other provisions which shall remain in full force and effect.
Section 13.02. Easements. Easements for the installation and maintenance of utilities, irrigation and drainage facilities are reserved as shown on the recorded Plat of the Property, or any portion thereof, or other duly recorded instrument(s). Within these easements no improvement, structure, planting or other material (excluding fences capable of being readily removed for the purposes of the easement and the fences described in Section 9A.19) shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of such utilities or facilities, or which may change the direction of flow or drainage channels in the easements. Declarant hereby reserves the right to enter upon the Property to correct any flow of water and to establish and re-establish drainage channels.
Section 13.03, Conflict of Provisions. In case of any conflict between this Declaration, the Articles or Bylaws, this Declaration shall control. In case of any conflict between the Articles and the Bylaws, the Articles shall control.
Section 13.04. Street Lighting, Unless street lighting and the cost thereof is provided by the community in which jurisdiction t.'1is subdivision is situated, all Lots shall be subject to and bound to tariffs or other charges which are now and may in the future be filed with the Public Utilities Commission of the State of Colorado or contracted for by the Association relating to street lighting in this Subdivision, together with rates, rules, regulations and terms therein provided and subject to all future amendments and changes on file with the Public Utilities Commission of the State of Colorado applicable to such facilities.
Section 13. as. Expansion.
(a) Reservation of Right to Expand. Declarant reserves the development right
to expand the Property to include no more than 250 additional Lots and additional Common Areas at any time or times without approval by the Lot Owners. The area of potential expansion is eighty (80) acres.
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(b) Supplemental Declarations and Supplemental Plats. Such expansion may be
accomplished by the filing for record by Declarant in the office of the Clerk and Recorder of Weld County, Colorado, one or more Supplemental Declarations and supplement Maps setting forth the Lots and other real property, if any, to be included in the expansion, or a statement that this Declaration shall govern and apply to that property. The expansion may be accomplished in stages by successive supplements or in one supplemental expansion.
(c) Expansion of Definitions. In the event of such expansion, the definitions
used in this Declaration shall be expanded automatically to encompass and refer to the Property subject to this Declaration as so expanded. All conveyances of Lots shall be effective to transfer rights in the Property as expanded. The recordation in the records of Weld County, Colorado, of supplemental Map(s) or Plat Map(s) incident to any expansion shall operate automatically to grant, transfer, and convey to ti1.e Association any new Common Area added to the Property as the result of such expansion. The allocation for Assessments shall be amended pro rata to reflect the increase in the number of Lots added to the Declaration.
(d) Declaration Operative to New Lots. The new Lots shall be subject to all of
the terms and conditions of this Declaration and of any Supplemental Declaration, upon placing the supplemental parcel Map(s) depicting the expansion Property and Supplemental Declaration(s) of public record in the real estate records of Weld County, Colorado.
(e) No Objection to Expansion. No Owner Member of the Association shall
have any right of objection to the exercise of the developmental right set forth above including any permitted expansion by Declarant.
(f) Declarant's rights under this Section 13.05 will expire twenty years after the
date of recording of this Declaration in the Weld County real estate records.
Section 13.06. Term. The provisions of this Declaration shall each constitute covenants, running with the land applicable to all of the Lots, binding Declarant and all persons and entities claiming by, through, or under him for a period of twenty (20) years from the date of recording in the Weld County real estate records of the Declaration, which shall be automatically extended for successive periods of twenty (20) years each, without action by or notice to any person or entity unless amended or terminated as provided below.
Section 13.07. Amendment and Termination. Subject to the provisions of Section 38-33.3217(1), (5) and (6), C.R.S., all or any portion of this Declaration may be supplemented, changed or canceled in whole or in part at any time by the vote or agreement of the Owners of 67% of the Lots. Such agreement may be in any number of counterparts. Such amendment shall be effective when duly recorded in Weld County, Colorado real estate records.
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Declarant hereby reserves and is granted the right and power to record technical amendments to this Declaration, the Articles or Bylaws at any time prior to the termination of Declarant's control of the Association, for the purposes of correcting spelling, grammar, dates, typographical errors, or as may otherwise be necessary to clarify the meaning of any provisions of any such document.
Section 13.08. Rights of Declarant Incident to Construction. An easement is hereby retained by and granted to Declarant, its successors and assigns, for access, ingress and egress over, in, upon, under, a11d across the Common Area and any easements shown on the Map, including but not limited to the right to store materials thereon and to make such other use thereof as may be reasonably necessary or incidental to Declarant's or its designees' construction on the Property, including without limitation construction of improvements indicated on the Map; provided, however, that no such rights or easements shall be exercised by Declarant in such a manner as to unreasonably interfere with the occupancy, use, enjoyment, or access by any Owner, his family members, guests, or invitees, to or of that Owner's Lot. Declarant, for itself and its successors and assigns, hereby retains a right to store construction materials on Lots owned by Declarant and to make such other use thereof as may be reasonably necessary or incidental for the purpose of the completion or improvement of the Property, the performance of Declarant's obligations hereunder, and the sale of the Lots. Any special declarant rights created or reserved under this Article or elsewhere in this Declaration for the benefit of Declarant may be transferred to any person by an instrument describing the rights transferred and recorded in the office of the Clerk and Recorder for the County of Weld. The rights of Declarant reserved in this Section 14.09 shall expire ten (10) years after the recording of this Declaration, except as to land added to the Property under Section~13.05 as to which those reserved rights will expire ten years after the date of the recording in the Weld County real estate records of the document adding that land to the Property. Such instrument shall be executed by Declarant and its transferee. Any rights granted to Declarant under this Declaration shall expire on the date which is ten (10) years from the recording date of this Declaration, unless otherwise provided herein.
Section 13.09. Sales Office and Models. Despite anything to the contrary stated elsewhere in this Declaration, the Declarant may maintain a sales and or management office and model homes on the Property. The office may be located on any Lot owned by Declarant and may be relocated to any other Lot owned by Declarantfrom time to time, at Declarant's sole discretion. If Declarant ceases to own any Lot, Declarant shall have a period of sixty (60) days in which to remove the office described above from the Property. The Declarant may maintain one or more signs on the Common Area for the purpose of advertising the Property and the sales of Lots. The provisions of this section shall control in the event of any conflict with any other provision contained in this Declaration. Declarant shall have the rights stated in this Section for the same time period as the rights reserved in 13.09.
Section 13.10. CCIOA Controls. Any provision of this Declaration in conflict with the provisions of CCIOA shall be void and of no effect.
Section 13 .11. Notice. Any notice or demand required or permitted by this Declaration shall be in writing and shall be sent by United Stares first class mail, postage prepaid, to the address of the Owner of the Lot(s) to receive notice at the address provided by the Owner for that purpose to the secretary of the Association. If the Owner fails to provide an address to the secretary, notice
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shall be sent to the address of the Owner specified in the deed recorded in the Weld County, Colorado real estate records by which that Owner took title and to the street address of that Lot, if any.
Section 13.12. Section Headings. The section titles and headings used in this Declaration are for identification purposes only and shall not be utilized to interpret or construe the provisions of this Declaration, which shall remain in full force and effect.
Section 13 .13. Severability. Invalidation of all or any part of anyone of these covenants or restrictions by judgment or court order shall not affect any of the other provisions of this Declaration, which shall remain in full force and effect.
Section 13.14. Binding: Effect. The provisions of this Declaration shall be binding upon and for the benefit of Declarant, each Owner, and each and all of their heirs, personal representatives, successors in interest; and assigns.
Section 13.15. No Rights Given to the Public. Nothing contained in this Declaration shall be deemed to be a gift or dedication of any portion of the Property to the general public or for any public use or purpose.
Section 13.16. Applicability of Governmental Regulations. The covenants, conditions and restrictions contained herein are separate and distinct from any zoning, building or other law ordinance, rule or regulation of the Town of Severance or of any governmental authority having jurisdiction over the Property which now or in the future may contain different requirements from or in addition to those contained herein or which may prohibit uses permitted herein or permit use prohibited herein. In the event of any conflict between the provisions hereof and the provisions of any such law, ordinance, rule or regulation, the Owner must first comply with all governmental laws, ordinances, rules or regulations and then to the extent possible, the Owner must comply wiu1. these covenants, conditions and restrictions unless such compliance would result in a violation of such law, ordinance, rule or regulation, in which case, upon a finding that compliance herewith would result in such a violation, the Architectural Control Committee shall waive any such covenants, conditions or restrictions to the extent it results in such a violation, and in connection therewith, the Architectural Control Committee may impose such conditional covenants, conditions and restrictions as may be necessary to carry out the intent of this Declaration.
DECLARANT:
SEVERANCE WEST, LLC
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