Lakewood Estates Patio HOA

Declaration

Feb 13, 2006

AMENDMENT TO DECLARATION OF COVENANTs, CONDITIONS AND RESTRICTIONS
FOR LAKEWOOD ESTATES PATIO HOMES
THIS AMENDMENT to the Declaration of Covenants, Conditions and Restrictions for
Lakewood Estates Patio Homes (?“Declaration?”) is made on this 18th day of January,
2006 by Lakewood Estates Patio Homeowners Association, Inc., a Colorado nonprofit
corporation (?“Association?”).
RECITALS
A. On October 12, 1989, El Capitan Development Co, Inc., a California corporation
(the ?“Declarant?”) recorded the Declaration of Covenants, Conditions and Restrictions for
Lakewood Estates Patio Homes in the real property records of Jefferson County, Colorado at
Reception No. 39088561.
B. Article XIII, Section 3 of the Declaration provides that the Declaration may be
amended during the first 20 year period by an instrument signed by not less than 90% of the Lot
Owners; however, C.R.S. ?§ 38-33.3-217(1)(a) states that any provision in the Declaration that
purports to specify a percentage larger than 67% is declared void as contrary to public policy, and
until amended, such provision shall be deemed to specify a percentage of 67%.
C. Article XIII, Section 3 of the Declaration also specifies that amendments must be
consented to by 90% of the First Mortgagees of Lots within the Properties.
D. The Owners of Lots within the Lakewood Estates Patio Homes desire to restrict
leasing and occupancy within the Property and desire to update the procedure for amending the
Declaration.
E. Owners of more than 67% of the Lots have approved the amendments below.
F. At least 90% of the First Mortgagees have approved this amendment either by
affirmative vote or by deemed consent in accordance with C.R.S. ?§ 38-33.3-217(1)(b).
NOW, THEREFORE, the Declaration is hereby amended as follows:
1.
Article X regarding use restrictions shall be amended by adding the following Paragraph
F thereto:
F. Leasing.
(a) Definitions.
(i) "Grandfathered Owner" means an Owner of a Lot who is lawfully leasing his or
her Lot on the date this amendment is recorded (?“Effective Date?”). Grandfathering shall apply
only to the Lot owned by that Grandfathered Owner on the Effective Date. Grandfathering
hereunder shall continue only until the earlier of: (1) the date the Grandfathered Owner conveys
title to the Grandfathered Lot to any other person (other than the Owner?’s spouse), or (2) the date
that all current occupants of the Grandfathered Owner?’s Lot vacate and cease to occupy the Lot.
Upon the happening of either event, the Lot shall automatically lose grandfathering hereunder.
(ii) "Grandfathered Lot" means the Lot owned by a Grandfathered Owner on the
Effective Date hereof.
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(iii) "Leasing" means the regular, exclusive occupancy of a Lot by any person(s)
other than: (1) the Owner or a parent, child or spouse of an Owner, or (2) a person who occupies
the residence on a Lot with the Owner or parent, child or spouse of the Owner occupying the Lot as
his or her primary residence.
(b) Leasing Permit and Restriction. No Owner of a Lot may lease his or her Lot
unless: (1) the Owner is a Grandfathered Owner, or (2) the Owner is not a Grandfathered Owner
but has received a hardship leasing permit from the Board as provided below.
(c) Hardship Leasing Permits. If the failure to lease will result in a hardship, the
Owner may seek to lease on a hardship basis by applying to the Board of Directors for a hardship
leasing permit. The Board shall have the authority to issue or deny requests for hardship leasing
permits in its discretion after considering the following factors: (1) the nature, degree, and likely
duration of the hardship, (2) the harm, if any, which will result to the community if the permit is
approved, (3) the number of hardship leasing permits which have been issued to other Owners,
(4) the Owner's ability to cure the hardship, and (5) whether previous hardship leasing permits
have been issued to the Owner.
A ?“hardship?” as described herein shall include, but not be limited to, the following situations:
(1) an Owner must relocate his or her residence outside the greater Denver metropolitan area and
cannot, within six months from the date that the Lot was placed on the market, sell the Lot except at
a price below the current appraised market value, after having made reasonable efforts to do so;
(2) an Owner dies and the Lot is being administered by his or her estate; or (3) an Owner takes a
leave of absence or temporarily relocates out of the metropolitan-Denver area and intends to
return to reside in the residence on the Owner?’s Lot within one year.
Hardship leasing permits shall be valid only as to a specific Owner and Lot and shall not
be transferable to other Lots or Owners (including a subsequent Owner of a Lot where a permit
was issued to the Owner?’s predecessor-in-title). Hardship leasing permits shall be valid for a term
approved by the Board, not to exceed one year. Owners may apply for additional hardship leasing
permits at the expiration of a hardship leasing permit, if the circumstances warrant.
Hardship leasing permits shall be automatically revoked upon the happening of any of the
following events: (1) the sale or transfer of the Lot to a third party (excluding sales or transfers
to an Owner's spouse); (2) the failure of an Owner to lease his or her Lot within 90 days of the
permit having been issued; or (3) the failure of an Owner to have his or her Lot leased for any
consecutive 90 day period thereafter.
(d) Leasing Provisions. Leasing which is authorized hereunder shall be governed by
the following provisions:
(i) Notice. At least seven days before entering into a lease, the Owner shall provide
the Board with a copy of the proposed lease agreement. The Board shall approve or disapprove
the form of that lease. If a lease is disapproved, the Board shall notify the Owner of the action to be
taken to bring the lease in compliance with the Declaration and any Association rules. Nothing
herein shall be construed as giving the Association the right to approve or disapprove a proposed
lessee; rather, the Board's approval shall be limited to the form of the proposed lease.
(ii) General. Lots may be leased only in their entirety; no rooms or fractions of Lots
may be separately leased without prior written Board approval. All leases shall be in writing and in
a form approved by the Board prior to the effective date of the lease. There shall be no subleasing
of Lots or assignment of leases without prior written Board approval. All leases must be for an initial
term of not less than one year, except with written Board approval, which shall not be unreasonably
withheld in cases of undue hardship. Within ten days after executing a lease agreement for the
lease of a Lot, the Owner shall provide the Board with a copy of the lease and the name of the
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lessee and all other people occupying the residence on the Lot. The Owner must provide the
lessee copies of the Declaration, Bylaws, and the rules and regulations.
(iii) Compliance with Declaration, Bylaws, and Rules and Regulations. Each Owner
covenants and agrees that any lease of a Lot shall contain the following language and agrees that if
such language is not expressly contained therein, then such language shall be incorporated into the
lease by existence of this covenant, and the lessee, by occupancy of a residence on a Lot, agrees
to the applicability of this covenant and incorporation of the following language into the lease:
The Owner and lessee shall comply with all provisions of the Declaration, Bylaws and
Association rules and shall control the conduct of all other occupants and guests of the leased Lot
in order to ensure such compliance. The Owner shall cause all occupants of his or her Lot to
comply with the Declaration, Bylaws and Association rules, and shall be responsible for all
violations by such occupants, notwithstanding the fact that such Occupants are fully liable and
may be sanctioned for any such violation.
If a Lot is leased or occupied in violation of this Paragraph or if the Owner, lessee, or a
person living with the lessee, violates the Declaration, Bylaws, or a rule or regulation, the
Association?’s Board of Directors shall be authorized, in addition to all other available remedies, to
levy fines against the lessee and/or the Owner.
If a Lot is leased or occupied in violation of this Paragraph, the Association may require
the Owner to evict the tenant. If the Owner, lessee, or a person living with the lessee, violates the
Declaration, Bylaws, or a rule or regulation, such violation is deemed to be a default under the
terms of the lease and shall authorize the Owner or the Association, as more fully described
herein, to terminate the lease without liability and to evict the lessee in accordance with Colorado
law. The Owner hereby delegates and assigns to the Association, acting through the Board, the
power and authority of enforcement against the lessee for breaches resulting from the violation of
the Declaration, Bylaws, and the rules and regulations adopted pursuant thereto, including the
power and authority to evict the lessee as attorney-in-fact on behalf and for the benefit of the
Owner, in accordance with the terms hereof. Alternatively, the Association may require the
Owner to evict the violating tenant. If the Association proceeds to evict the lessee, any costs,
including reasonable attorney's fees actually incurred and court costs associated with the eviction
shall be an assessment and lien against the Lot.
(e) Applicability of this Paragraph. Notwithstanding the above, this Paragraph shall
not apply to any leasing transaction entered into by the Association, or by any first mortgagee who
becomes the Owner of a Lot through foreclosure or any other means pursuant to the satisfaction of
the indebtedness secured by such mortgage. Such parties shall be permitted to lease a Lot without
first obtaining a permit in accordance with this Section.
2.
Article XIII, Section 3 is hereby amended by deleting that section in its entirety and
substituting therefore the following:
Section 3. Duration and Amendments.
A. The covenants and restrictions of this Declaration shall run with and bind the land
perpetually.
B. Except where a higher vote is required for action under any other provision of this
Declaration or by the Act, in which case such higher vote shall be necessary to amend such
provision, this Declaration may be amended by the affirmative vote, written consent, or any
combination of affirmative vote and written consent of the Lot Owners holding at least 67% of the
total Association vote.
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Notice of any meeting at which a proposed amendment will be considered shall state the
fact of consideration and the subject matter of the proposed amendment. No amendment shall
be effective until certified by the President and Secretary of the Association, or such other officers
as designated by the Board, and recorded in the Jefferson County, Colorado real property
records.
Notwithstanding the foregoing, the Board of Directors, without the necessity of a vote from
the Owners, may amend this Declaration to correct any scrivener?’s errors, comply with any
applicable state, city or federal law, and/or to bring the community into compliance with applicable
rules and regulations of the Federal National Mortgage Association ("Fannie Mae"), the Department
of Housing and Urban Development ("HUD") and the Veterans Administration ("VA") pursuant to
federal law.
Any action to challenge the validity of an amendment adopted under this Article must be
brought within one year of the effective date of such amendment. No action to challenge such
amendment may be brought after such time.
IN WITNESS WHEREOF, the undersigned, being the President and the Secretary of
Lakewood Estates Patio Homeowners Association, Inc., hereby certify that the Association has
obtained the written approval of these amendments as set forth in the Recitals above as
evidenced by written instruments filed with the records of the Association.
[SIGNATURES ON FOLLOWING PAGE]
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LAKEWOOD ESTATES PATIO HOMEOWNERS
ASSOCIATION, INC., a Colorado nonprofit
corporation
By:
President
Attest:
Secretary
STATE OF COLORADO )
) ss.
COUNTY OF )
The foregoing Amendment to the Declaration of Covenants, Conditions and Restrictions
of Lakewood Estates Patio Homes was acknowledged before me by
, as President of Lakewood Estates
Patio Homeowners Association, Inc., a Colorado nonprofit corporation, on this _____ day of
, 2005.
Notary Public
My Commission expires:
STATE OF COLORADO )
) ss.
COUNTY OF )
The foregoing Amendment to the Declaration of Covenants, Conditions and Restrictions
of Lakewood Estates Patio Homes was acknowledged before me by
, as Secretary of Lakewood Estates Patio Homeowners
Association, Inc., a Colorado nonprofit corporation, on this _______ day
of , 2005.
Notary Public
My Commission expires:
AFTER RECORDING, RETURN TO:
Cavanagh Richmond & Holmes, LLC
1301 Washington Avenue, Suite 350
Golden, CO 80401