Rules and Regulations

DECLARATION ARTICLE 7.  COVENANTS AND USE RESTRICTIONS

Section 7.1         Owner Responsibility for Compliance. Each Owner is responsible for ensuring that the Owner's family, guests, and Residents comply with all provisions of the Governing Documents. Each Owner and Resident will endeavor to observe and promote the purposes for which the Association was established. In addition to any rights the Association may have against the Owner's family, guests, or Residents as a result of the person's violation of the Governing Documents, the Association may take action under this Declaration against the Owner.

Section 7.2         Use of Lots. 

1. Residential /Business Use. Except as provided below, each Lot will be used for residential purposes only. Unless otherwise expressly authorized by the Act and subject to its terms, no trade or business of any kind may be conducted in or from a Lot or any part of the Community, except that the Owner residing in the Residence, or the Resident, may conduct ancillary business activities within the Lot so long as the business activity is not apparent or detectable by sight, sound, or smell from outside of the Lot; does not involve visitation of the Lot by employees, clients, customers, suppliers, or other business invitees in greater volume than would normally be expected for guest visitation to a Residence without business activity; is legal and conforms to all zoning requirements;  
2. does not increase traffic in the Community in excess of what would normally be expected for Residences in the Community without business activity (other than by a reasonable number of deliveries by couriers, express mail carriers, parcel delivery services, and other similar delivery services); does not increase the insurance premium paid by the Association or otherwise negatively affect the Association's ability to obtain insurance coverage; is consistent with the Community's residential character, and does not constitute a nuisance or a hazardous or offensive use, or threaten the security or safety of other Residents, as determined by the Association; and does not result in a materially greater use of Common Area or Association services. 

The terms "business" and "trade," as used in this section, have their ordinary, generally accepted meanings, and include, without limitation, any occupation, work, or activity undertaken on an ongoing basis that involves provision of goods or services to persons other than the provider's family and for which the provider receives a fee, compensation, or other form of consideration, regardless of whether: (i) the activity is engaged in full or part-time; (ii) the activity is intended to or does generate a profit; or (iii) a license is required for the activity.

Occupancy. If an Owner is a corporation, partnership, trust or other legal entity the entity will designate in writing to the Association the name(s) of the natural person(s) who will occupy the Lot. The designated person(s) to occupy the Lot may not be changed more frequently than once every 90 days without the express written consent of the Association.

Section 7.3         Leasing. The Community is intended to be an owner-occupied community. However, any Owner has the right to lease or allow occupancy of a Lot upon terms and conditions the Owner deems advisable, subject to restrictions of this Declaration, any other restrictions of record, and the following: "Leasing" for the purposes of this Declaration is defined as regular, exclusive occupancy of a Lot by any Person other than the Owner, with or without consideration. For the purposes of this Declaration, occupancy by not more than one roommate of an Owner who occupies the Lot as his primary residence does not constitute leasing under this Declaration. Leases will be for or of the entire Lot. There will be no subleasing of Lots or assignment of leases without prior written Association approval. 

Occupancies of less than 90 days of Lots are prohibited without the Association's prior written approval, provided that the Association will not have authority to approve occupancies of less than 30 days. 

1. All leases will be in writing and will provide that the lease is subject to the Governing Documents. The Association has the authority to require a particular lease form or addendum to implement the provisions of this section. Owners are required to provide Residents with copies of the current Declaration and Rules and Regulations.
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3. Each Owner who leases his Lot will provide the Association, upon request, a copy of the current lease (lease amount may be redacted) and tenant information, including the names of all Residents, vehicle descriptions, including license plate numbers, and any other information reasonably requested by the Association or its agents.
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5. All leases will state that the failure of the Resident or guests to comply with the Governing Documents is a default of the lease and this Declaration.
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7. All leases are subject to the Association's right to remove and/or evict the Resident for failure to comply with the Governing Documents. If the Association requests that the Owner evict the Resident, and the Owner fails to commence action within 30 days of the date of the Association's written request and notice, the Association may commence eviction proceedings. If Owner fails to comply with the request to evict, the Owner delegates and assigns to the Association the power and authority to evict the Resident as attorney-in-fact on behalf of and for the benefit of the Owner. If the Association evicts the Resident, any costs, including but not limited to attorney's fees incurred and court costs associated with the eviction, will be an assessment and lien against the Lot. 
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9. All Owners who reside at a place other than the Lot will provide to the Association an email address, physical address, and phone number(s) where the Owner can be reached in the case of emergency or other Association business. The Owner is solely responsible to keep this information current. 
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11. If a Lot is leased or occupied in violation of this section or if the Owner or Resident violates the Governing Documents, the Association will be authorized, in addition to all other available remedies, to levy fines against the Resident and/or Owner, and to suspend all voting privileges.

Section 7.4         Use of Common Area. There will be no obstruction of the Common Areas, nor will anything be kept, parked, or stored on or removed from any part of the Common Areas without the Association's prior written consent, except as specifically provided for in the Governing Documents, including parking in carports and uncovered parking spaces. The Association may remove unattended personal property from the Common Areas. The Association will not be liable to the Owner or his Residents, guests, family members, and invitees, for loss or damage, by theft or otherwise, of any property which may be stored in or upon any of the Common Area. Use of the Common Area is subject to the Rules and Regulations.

Section 7.5         Compliance with Laws. Nothing may be done or kept in the Community or part of the Community that would violate of any statute, rule, ordinance, regulation, permit, or other validly imposed requirements of any governmental body, or that would increase Common Expenses.

Section 7.6         Lighting. Any exterior lighting installed on any Lot will either be indirect or of such controlled focus and intensity as to not disturb other residents. Ornamental post lights will be designed to be in keeping with the lighting fixtures at the street or road corners. All lighting installations or modifications must be submitted to and receive the prior written approval of the Architectural Review Committee as provided in Article 8 of this Declaration.

Section 7.7         Prohibition of Nuisance. The Residences share common walls. As a result, noise and vibration may be detectable between Lots. An Owner or Resident may not conduct activities in a manner that unreasonably interferes with or causes unreasonable disruption to another Owner's or Resident's use and quiet enjoyment of the Lot.

Noxious, destructive, offensive, or unsanitary activities may not be carried on within the Community. No Owner or Resident may use or allow the use of the Lot or any portion of the Community at any time, in any way, which may endanger persons or property, unreasonably annoy, disturb, or cause embarrassment or discomfort to other Owners or Residents, or constitute a nuisance. The intention of this provision is to grant the Association and aggrieved Owners and Residents a right of redress for actions, activities, or conduct which unreasonably disturbs or impairs the peaceful and safe enjoyment. 

Nothing in this section will be construed to affect the rights of an aggrieved Owner or Resident to proceed individually against a violator for relief from interference with his property or personal rights. The Board may, in its discretion, require aggrieved individuals to seek redress personally for interference with their rights before the Association intervenes and commences enforcement action. No aggrieved Owner or Resident will have a claim against the Association for failure to enforce the provisions of this section if the aggrieved Owner or Resident has not personally pursued all available remedies against the violator for redress provided under Colorado law. 

Specific unauthorized and unreasonable annoyances or disturbances will include, but are not limited to, the following: fighting, screaming, shouting, excessively loud talking, playing music, or television, raucous behavior, or insobriety either outside a Lot at any time or within a Residence if the conduct can be heard in another Residence; using any alarm, equipment, or device, mechanical or otherwise, that creates or produces excessively loud sounds or any vibrations either outside a Residence at any time or within a Residence if the sounds can be heard or vibrations felt in another Residence; threatening or intimidating conduct toward any Resident, guest, or pet in the Community; conduct that creates any danger or risk of injury to others or damage to property ; conduct that creates any noxious or offensive odor if the odors can be detected in another Lot; incessant or excessive pet noises, including dog barking, if the conduct can be heard in another Residence; construction or similar activities on a Lot that can be heard within another Residence between the hours of 9:00 p.m. and 8:00 a.m.; similar action or activity that interferes with the peaceful use and enjoyment of another Lot or the Common Areas by any other Owner, members of his family, guests, invitees, or Residents; or using or allowing the use of the Lot or the Common Areas in any manner that creates noise between the hours of 10:00 p.m. and 8:30 a.m. that can be heard in another Lot that will unreasonably interfere with the rights, comfort, or convenience of any other Owner, members of his family, guests, or Residents.

Section 7.8         No Damage or Waste. No Owner or Resident, or agent of either, may do any work that would jeopardize the soundness or safety of any structure within the Community, or would impair any easement or other interest in the Community. 

Damage to or waste of any portion of the Common Areas is prohibited. Each Owner and Resident will indemnify and hold the Association and the other Owners harmless against all loss to the Association or other Owners resulting from any damage or waste caused by the Owner or Resident, or the Owner's or Resident's guest, family member, or invitee.

Section 7.9         Pets. 

1. An Owner or Resident may keep a reasonable number of generally recognized household pets, not to exceed the number permitted by governmental ordinances. A reasonable number of household pets weighing less than two pounds each may also be kept within the Residence. For purposes of this section, the following are not considered household pets: poultry, fowl, bees, pigs, venomous snakes, or animals determined in the Association's sole discretion to be dangerous animals. The Association may adopt additional Rules and Regulations to supplement this section. 
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3. No Owner or Resident may keep, breed, or maintain any pet for any commercial purpose. No structure for the care, housing, or confinement of any pet may be constructed or maintained on any part of the Common Areas. Pets must be kept on a leash and be under the physical control of a responsible person at all times while on the Common Areas. Pet owners are required to take reasonable steps to protect the health and safety of pets left outside the dwelling. Feces left by pets upon the Common Areas or Lots, including the pet owner's Lot, must be removed promptly by the pet owner or other person responsible for the pet. 
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5. Any Owner or Resident who keeps or maintains any pet within the Community is deemed to agree to indemnify and hold the Association, its directors, officers, and agents free and harmless from any loss, claim, or liability of any kind or character whatever arising by reason of keeping or maintaining the pet within the Community.

Section 7.10       Vehicles and Parking.  

1. General. Parking is subject to the Rules and Regulations adopted by the Board. Each Lot has one assigned parking space as shown on Exhibit B to this Declaration. The Association has authority to license additional parking spaces/carports for a monthly fee determined by the Board of Directors. A condition for obtaining and retaining a license is that the Owner is in good standing with the Association and current in payment of all assessments. All parking in the Community is reserved parking. Guests must park on the public streets.  
2. Prohibited Vehicles. Boats, trailers, jet-skis and trailers for same, oversized trailers, hauling trailers, pickup trucks over 1-ton, panel trucks, buses, vans (excluding vans used by handicapped persons, mini-vans or sport utility vehicles used as passenger vehicles), commercial vehicles (as may be defined in the Rules and Regulations), and recreational vehicles (as may be defined in the Rules and Regulations) are prohibited. Vehicles with commercial writings on their exteriors may be parked on the Common Areas only with the prior written approval of the Board. No delivery or oversized trucks are allowed in the carport and must be parked on the street. Owners will be responsible for damages to the carport caused by delivery or oversized vehicles. Emergency vehicles, as defined in the Act, are permitted in the Community. Notwithstanding the above, otherwise prohibited vehicles are allowed temporarily on the Common Areas during normal business hours for the purpose of serving any Lot or the Common Areas; provided, however, no such vehicle may remain on the Common Areas overnight or for any other purpose unless prior written consent of the Board is first obtained. 

No unlicensed vehicles or vehicles with expired license plates, may be parked on the Common Areas. No stored or abandoned or inoperable vehicles of any kind may be stored or parked on the Common Areas. An "abandoned or inoperable vehicle" is defined as any passenger car, truck, motorcycle, boat, trailer, camper house trailer, self-contained motorized recreational vehicle, or other similar vehicle, which, for a period of two days or longer, does not have an operable propulsion system installed therein, has one or more flat tires, or has another condition preventing the regular and normal operation and movement of the vehicle. A vehicle will be considered "stored" if it remains in the same location in the Community for 14 consecutive days or longer without prior written Board permission. 

1. Enforcement. The Association may elect to impose fines or use other available sanctions in accordance with requirements of the Association's covenant and rule enforcement policy. Also, subject to requirements of Colorado law as may be addressed in the Association's Rules and Regulations, the Association may tow a vehicle from the Community. If a vehicle is towed in accordance with this section, neither the Association, nor its directors, officers, or agents, will be liable to any person for any claim of damage resulting from the towing.

Section 7.11       Vehicle Repair. Maintenance, repair, rebuilding, dismantling, repainting, or any kind of servicing of vehicles, trailers, or boats may not be performed or conducted in the Community

Section 7.12       Signs. Signs and flags/banners on Lots are permitted as provided by Colorado law and subject to the Association's policies or rules and regulations regarding signs and flags/banners.

Section 7.13       Trash and Garbage. All trash and garbage must be regularly removed from the Residence and will not be allowed to accumulate on the Lot. No building material is permitted on a lot except in connection with construction approved by the Association. As soon as building materials are placed on the Lot, construction must be promptly commenced and diligently pursued. Trash or garbage must not be placed on the Common Areas. Trash and garbage must be disposed of in appropriate sealed bags and either placed in proper receptacles designated by the Association for collection or removed from the Community. Cardboard boxes must be broken down before being placed in the trash receptacles. Trash may not be placed outside the trash containers.

Section 7.14       Unsightly or Unkempt Conditions. Activities that cause disorderly, unsightly, or unkempt conditions must not be pursued or undertaken on any part of the Common Areas. Service areas, storage areas, compost piles, and facilities for hanging, drying, or airing clothing or household fabrics will be appropriately screened from view.

Section 7.15       Antennas and Satellite Dishes. Satellite dishes, antennae, or other devices for the transmission or reception of television signals, radio signals, or any form of electromagnetic wave or radiation will not be erected, used, or maintained by Owners or Residents on any portion of the Lot or Common Areas except as allowed by federal law. However, the Association has the right to erect, construct, and maintain these devices on the Common Areas. The Association may adopt rules regarding installation and location of permitted antennae, subject to limitations of federal law.