Mountain Vista HOA
COVENANTS
Index to Documents
INDEX TO DOCUMENTS
1. 3/05/99 Articles of Incorporation of Mountain Vista Homeowners Association, Inc.
2. 6/29/99 Declaration of Covenants Conditions and Restrictions for Mountain Vista (reordered 6/29/99)
3. 6/30/99 Bylaws of Mountain Vista Homeowners Association
4. 4/01/02 First Amendment of Declaration of Covenants, Conditions and Restrictions for Mountain Vista (recorded 4/4/02)
5. 8/30/02 Second Amendment to Declaration of Covenants, Conditions and restrictions for Mountain Vista (recorded 9/13/02)
ARTICLES OF INCORPORATION
OF
MOUNTAIN VISTA HOMEOWNERS ASSOCIATION, INC.
(A NONPROFIT CORPORATION)
I, the undersigned, being a natural person of the age of nineteen (19) years or more, acting as the incorporator of a corporation under the Colorado Nonprofit corporation law, state as follows:
ARTICLE I
NAME
The name of the Corporation is MOUNTAIN VISTA HOMEOWNERS ASSOCIATION, INC. (“Association”).
ARTICLE II
PURPOSE
The purposes for which the corporation is formed are as follows:
(a) To operate the Common Interest Community known as Mountain Vista Homeowners Association, Inc., located in Weld County, Colorado, in accordance the requirements for an association of Owners charged with the administration of property under the Colorado Common Interest Ownership act of the Statutes of the State of Colorado, as amended, including, without limiting the generality of the foregoing statement, the performance of the following acts and services for a not-for-profit basis:
(i) To acquire, construct, manage, supervise, care for, operate, maintain, renew and protect all buildings, structures, grounds, roadways, drainage facilities and other facilities, installations and appurtenances thereto relating to the property of the Association; to provide maintenance for the common Elements, if any , within the Association; to maintain lands or trees; to enforce any and all covenants, restrictions and agreements applicable to the Association; and insofar as permitted by law, to do any other thing that, in the opinion of the Executive Board, will promote the common benefit and enjoyment of the resident of the Association.
(ii) To prepare estimates and budges of the costs and expenses of rendering these services ad the performance, or contracting or entering into agreements for this performance, as provided for in or contemplated by this subparagraph (ii); to apportion these estimated costs and expenses among the Owners; and to collect these costs and expenses from the Owners obligated to assume or bear the same; and to borrow money for the Association’s purposes, pledging as security the income due from Owners and from others, the property of the corporation and the Common Elements, if any, of the Association.
(iii) To enforce, on behalf of the Owners, rules made or promulgated by the Executive Board with respect to the safe occupancy, reasonable use and enjoyment of the buildings, structures, grounds and facilities of the Association, and, to levy fines to enforce compliance with these rules.
(iv) To perform, or cause to be performed, all other additional services and acts as are usually performed by managers or managing agents of real estate developments, including without limitation, keeping or causing to be kept, appropriate books and records, preparing and filing necessary reports and returns, and making or causing to be made audits of books and accounts.
(b) To retain counsel, auditors, accountants, appraisers and other persons or services that may be necessary for or incidental to any of the activities described in this document.
(c) To do and perform, or cause to be performed, all other necessary acts and services suitable or incidental to any of the foregoing purposes and objects to the fullest extent permitted by law, and to acquire, sell, mortgage, lease or encumber any real or personal property for these purposes.
(d) To promote the health, safety, welfare and common benefit of the residents of the common Interest Community.
(e) To do any and all permitted acts, and to have and to exercise any and all powers, rights and privileges which are granted to a Common Interest Community Association under the Colorado Common Interest Ownership Act, the Declaration, the Bylaws, and the laws applicable to a nonprofit corporation of the State of Colorado.
The foregoing statements of purpose shall be construed as statements of both purpose and powers. The purposes and powers stated in each clause shall not be limited or restricted by reference to or inference from the terms or provisions of any other clause, but shall be broadly construed as independent purposes and powers. The Association shall not, except to an insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of the primary purposes of the Association.
ARTICLE III
DURATION
The Duration of the Association shall be perpetual.
ARTICLE IV
QUALIFICATION OF MEMBERS AND CLASSES
The authorized number and qualifications of members of the Association, the different classes of membership, if any, voting and other rights and privileges of members, members’ liability for dues and assessments and the method of collection of dues and assessments shall be set forth in the Bylaws and the Declaration. The corporation has authorized a total of one hundred ninety (190) unites in the Association, exclusive of annexations.
ARTICLE V
CORPORATE OFFICE
The initial principal office of the corporation shall be 811 47th Avenue Court, Greeley, Colorado 80634.
ARTICLE VI
AGENT FOR SERVICE
The initial registered agent of this corporation shall be Kenneth Crumb, whose address is 811 47th Avenue Court, Greeley, Colorado 80634, whose written consent to appointment is provided in the attached accompanying document.
ARTICLE VII
EXECUTIVE BOARD
The initial Executive Board shall consist of net less then one (1) nor more then ten(10) persons designated by the Declarant, none of whom need to be Owners except as provided in Article of Incorporation XI of this document. So long as the number of Owners is less than three (3), there shall be no more directors of the Association then there are Owners. The name and address of the initial Director is:
Name Address
Kenneth Crumb 811 47th Avenue Court
Greeley, CO 80634
Dale Boehner 2501 Fox Run Court
Ft. Collins, CO 80526
Duane Zeller 1908 Homestead Road
Greeley, CO 80634
ARTICLE VIII
INCORPORATOR
The name and address of the incorporator is:
Kenneth Crumb 911 47th Avenue Court
Greeley, CO 80634
ARTICLE IX
AMENDMENT
Amendment of these Articles shall require the assent of at least 67% of the Executive Board and, if the amendment amends any provisions of the Declaration, the assent of two-thirds of the Owners of all Residential Units in the project as shown in the Declaration.
ARTICLE X
MEMBERSHIP CLASSES, RIGHTS AND QUALIFICATIONS
The classes, rights and qualifications and the manner of election or appointment of members are as follows:
(a) Any person who holds title to a Residential Unit In the Association shall be a member of the corporation. There shall be one membership for each Residential Unit owned within the Association. This membership shall be automatically transferred upon the conveyance of that Residential Unit. Voting shall be one vote per Residential Unit, and the vote to which each membership is entitled is the vote assigned to its Residential Unit in the Declaration of the Association.
(b) Notwithstanding the foregoing, until the Declarant sells 75% of the Parcels, the Declarant shall be entitled to two (2) votes per Residential Unit owned.
(c) If a Residential Unit is owned by more then one (1) person, those persons shall agree among themselves how a vote for that Residential Unit’s membership is to be cast. Individual co-owners may not cast fractional votes. A vote by a co-owner for the entire Residential Unit’s membership interest shall be deemed to be pursuant to a valid proxy, unless another co-owner of the same Residential Unit objects at the time the vote is cast, in which cast such membership’s vote shall not be counted.
(d) The members shall be one class, Owners who own Residential Units as defined in the Declaration. These Owners shall elect all members of the Executive Board, following the period of Declarant control.
(e) Notwithstanding the foregoing, the Declarant of the Association shall have additional rights and qualifications as may be provided under the Colorado Common Interest Ownership act and the Declaration, including the right to appoint members of the Executive Board as follows:
(i) The Declaration provides that during the period of Declarant control, the Declarant, or persons designated by him or her, subject to certain limitations contained in the Declaration, may appoint and remove the officers and members of the Executive Board.
(ii) The period of Declarant control terminates no later than the earlier of: (A) Sixty (60) days after conveyance of 75% of the initially designated one hundred ninety (190) Residential Units to Owners other than a Declarant;
(f) A Declarant may voluntarily surrender the right to appoint and remove officers and Directors of the Executive Board before termination of the period of Declarant control, but in that event, the Declarant may require, for the duration of the period of Declarant control, that specified actions of the Association or Executive Board, as described in a recorded instrument executed by the Declarant, be approved by the Declarant before they become effective.
(g) Not later then sixty (60) days after conveyance of 25% of the Residential Units to Owners other then a Declarant, at least one member, and not less the 25% of the members of the Executive Board, shall be elected by Owners other than the Declarant. Not later then sixty (60) days after conveyance of 50% of the Residential Units to Owners other than a declarant, not less then 33 1/3 % of the members of the Executive Board must be elected by Owners other than the Declarant.
(h) Except as otherwise provided above, not later than the termination of any period of Declarant control, the Owners shall elect an Executive Board of at least three (3) members, at least a majority of who shall be Owners. The Executive Board shall elect the officers. The Executive Board members ad officers shall take office upon election.
(i) Notwithstanding any provision of the Declarant or Bylaws of the contrary, following notice under C.R.S. §38-33.3-308 of the Colorado Common Interest Ownership Act, the Owners, by a vote of 67% of all persons present and entitled to vote at any meeting of the Owners at which a quorum is present, may remove any member of the Executive Board other then a member appointed by the Declarant, with or without cause.
(j) Holders of Security interests in the Residential Units may have, or be granted, rights of approval or disapproval for certain actions of the Association or its members.
ARTICLE XI
NOT FOR PROFIT
The Association shall be a nonprofit corporation, without shares of stock. No part of the net earnings of the corporation shall inure to the benefit or be distributable to its members, trustees, officers, or other private persons except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in the furtherance of the purposes set forth in Article II hereof. No substantial part of the activities of the corporation shall be the carrying on of propaganda or otherwise attempting to influence legislation, and the corporation shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office. Notwithstanding any other provision of these Articles, the corporation shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from Federal Income Tax under Section 501(c)(3) of the internal Revenue Code or corresponding section of any future tax code or (b) by a corporation, contribution to which are deductible under Section 170(c)(2) of the internal Revenue Code or corresponding section of any future Federal Tax Code.
ARTICLE XII
DISSOLUTION
Upon dissolution of the corporation, assets shall be distributed for one of more express purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future Federal Tax Code or shall be distributed to the Federal Government or to a state or local government for a public purpose. Any such assts not so disposed of shall be disposed of by a Court of general jurisdiction of the country in which the principal office of the corporation is then located exclusively for such purposes or such organization or organizations as said Court shall determine which are organized and operated exclusively for such purposes.
ARTICLE XIII
LIMITATION OF LIABILITY
(a) The personal liability of a Directory to the corporation or its members for monetary damages for breech of fiduciary duty as a Director is limited to the full extent provided by Colorado law.
(b) The Directors, officers, employees and members of the corporation shall not, as such, be liable on its obligations.
(c) Directors shall not be liable for actions taken or omissions made in the performance or corporate duties except for wanton and will acts or omissions.
RECOMMENDED LANGUAGE FOR ADDITIONAL PROVISIONS IN PURCHASE CONTRACTS FOR
MOUNTAIN VISTA
Buyer hereby states that he/she will be provided with a Mountain Vista Subdivision soil report and accept same after signing and acceptance of contract.
Seller represents that utilities: gas, water, sewer, and electric have been installed by the Seller. All tap fees and building permit fees are the responsibility of the Buyer to pay for and obtain.
Buyer understands that the Mountain Vista Subdivision’s covenants require the submission of building plans for any improvements (including the original residence) constructed in the subdivision to be submitted to , and approved by, the Architectural Review Board prior to commencement of any work. The $150.00 fee shall be paid when the plans are submitted for approval.
Seller hereby states that ere are no tax liens against Mountain Vista Subdivision, except for ad valor em taxes for the current year; nor are there any special assessments for the installation of streets or public utilities.
Buyer has been advised and acknowledges that both the restrictive Covenants and the Association’s Articles and Bylaws impose substantial restrictions and control over the timing and nature of the improvement and use of Property. It shall be the Purchaser’s sole responsibility to assure himself/herself that such restrictions and control are consistent with the Purchaser’s intended use and improvements of the Property. Buyer hereby states the he/she has received and reviewed copies of Mountain Vista Subdivision: Minimum Construction Standards, Homeowner’s Association Bylaws, and Covenants and Restrictions and has accepted same.
The Homeowners Association will collect $100.00 at closing from buyer for the start up of capital and reserve fund.
In the event of inclement weather, or other evens beyond the control of the developer/Seller, the parties agree that all dates in this contract may be extended for up to 30 days, If necessary. Buyer agrees that seller cannot be assessed monitory or other damages if closing is delayed due to said or other development-related circumstances.
Seller is a licensed real estate agent and is not representing Buyer in this transaction.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR
MOUNTAIN VISTA
TABLE OF CONTENTS
Section 1 Architectural Review Committee
Section 2 Articles of Incorporation
Section 3 Association
Section 4 Assessment
Section 5 Assessable Unit
Section 6 Board
Section 7 Bylaws
Section 8 Declaration
Section 9 Developer
Section 10 Exterior Association Fence
Section 11 Federal Mortgage Agencies
Section 12 First Mortgage
Section 13 First Mortgagee
Section 14 Improvements
Section 15 Institutional Mortgagee
Section 16 Lot
Section 17 Member
Section 18 Mortgage
Section 19 Mortgage
Section 20 Notice
Section 21 Owner
Section 22 Person
Section 23 Project or Properties
Section 24 Quorum of Owners
Section 25 Registered Notice
Section 26 Related User
Section 27 Single Family
Section 28 Common Water Line
Section 29 Common Elements
Section 30 Common Expenses
Section 31 Executive Board
Section 32 Map
ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION
ARTICLE III ASSOCIATION STRUCTURE AND FORMAT
Section 1 Organization
Section 2 Membership
Section 3 Executive Board
ARTICLE IV DUTIES AND POWERS OF THE MOUNTAIN VISTA
COMMUNITY ASSOCIATION
Section 1 General Duties and Powers of Association
Section 2 Duty to Accept Property and Facilities Transferred by Declarant
Section 3 Duty to Manage and Care for Association Fences, Landscaping,
Entry Way Greenbelt and Exterior Signage
Section 4 Duty to Manage and Care for Common Water Lines Exterior
Sprinkling System and Exterior Electrical System
Section 5 Duty to Pay Water and Electrical Assessments
Section 6 Duty to Prepare Budgets
Section 7 Duty to Levy and Collect Assessments
Section 8 Duty to Provide Audit
Section 9 Power to Adopt Rules and Regulations
Section 10 Power to Enforce Declaration and Rules and Regulations
Section 11 Power to Provide Special Services for Members
Section 12 Power to Employ Managers
Section 13 Power to Engage Employees, Agents and Consultants
Section 14 General Corporate powers
ARTICLE V COVENANT FOR ASSESSMENTS
Section 1 General
Section 2 Method of Assessment
Section 3 Relationship of the Association Lien to Mortgagee
Section 4 General Assessments
Section 5 Budget Process
Section 6 Supplementary Assessments
Section 7 Special Assessments
Section 8 Reimbursement Assessments
Section 9 Time for Payments
Section 10 Lien for Assessments and Other Amounts
Section 11 Working Capital
Section 12 Estoppel Certificate
Section 13 No Abatement
Section 14 Rights of First Mortgagees
ARTICLE VI USE AND OTHER RESTRICTIONS
Section 1 Nuisances
Section 2 Restrictions on Further Subdivision
Section 3 Single-Family Residences
Section 4 Size of Single-Family Residences and Utilization of Certain
Materials in Construction
Section 5 Building Locations
Section 6 No Imperiling of Insurance
Section 7 No Violation of Law
Section 8 Appearance
Section 9 Restrictions on Signs
Section 10 Conditions for Architectural Control
Section 11 Rules and Regulations
Section 12 Restrictions on Parking and Storage
Section 13 Animals Within Project
Section 14 Controls of Antennas, Receiving Equipment and Solar Panels
Section 15 Underground Electric Lines
Section 16 No Hazardous Activities
Section 17 No Annoying Light, Sound or Odors
Section 18 Dog Runs, Dong Houses and Temporary Structures
Section 19 Garbage and Refuse Disposal
Section 20 Repair
Section 21 Storage
Section 22 Trash Burning
Section 23 Owner’s Obligation Upon Resale of Lot
Section 24 Leases
Section 25 Covenants Run with Land
ARTICLE VII INSURANCE
Section 1 Insurance
Section 2 Insurance Requirements Generality
Section 3 Insurance for Association Fencing and Landscaping Area
Section 4 Workman’s Compensation and Employer’s Liability Insurance
Section 5 Annual Review of Insurance Policies
Section 6 Other Insurance
ARTICLE VIII VARIOUS RIGHTS AND EASEMENTS
Section 1 Association Easements
Section 2 Owner Easements
Section 3 Easements Deemed Appurtenant
Section 4 Emergency Access Easement
ARTICLE IX ARCHITECTURAL REVIEW
Section 1 Activation of the Association Architectural Review Committee
Section 2 Deactivation and Reactivation of the Association Architectural
Review Committee
Section 3 Membership of Committee
Section 4 Improvement to Property Defined
Section 5 Approval of Improvements Required
Section 6 Committee Guidelines or Rules
Section 7 Submission of Plans
Section 8 Criteria For Approval
Section 9 Architectural Review Fee
Section 10 Decision of Committee
Section 11 Appeal to Association Board
Section 12 Failure of Committee to Act on Plans
Section 13 Obtaining Governmental Approvals
Section 14 Prosecution of Work After Approval
Section 15 Notice of Completion
Section 16 Inspection of Work
Section 17 Notice of Noncompliance
Section 18 Failure of Committee to Act After Completion
Section 19 Appeal to Association Board of Finding of Noncompliance
Section 20 Correction of Noncompliance
Section 21 No Implied Waiver or Estoppel
Section 22 Committee Power to Grant Variances
Section 23 Compensation of Members
Section 24 Meeting of Committee
Section 25 Records of Actions
Section 26 Estoppel Certificates
Section 27 Nonliability for Committee Action
Section 28 Construction period Exception
ARTICLE X TERMINATION AND AMENDMENT OF DECLARATION
Section 1 Termination
Section 2 Amendment
ARTICLE XI RIGHTS RESERVED BY DECLARANT
Section 1 Special declarant Rights
Section 2 Additional Reserved Rights
Section 3 Rights Transferable
Section 4 Amendment of the Declaration
Section 5 Amendment of the Map
Section 6 Interpretation
Section 7 Maximum Number of Lots
Section 8 Construction
Section 9 Construction Easement
Section 10 Termination of Development Rights
Section 11 Transfer of Development Rights
ARTICLE XII REQUIRED ALLOCATION OF COMMON EXPENSES
LIABILITY AND VOTING IN THE ASSOCIATION
Section 1 Allocated Interests
ARTICLE XIII GENERAL PROVISIONS
Section 1 Enforcement
Section 2 Severability
Section 3 Claims
Section 4 Waiver
Section 5 Conflicts of provisions
Section 6 Owners Right to Examine
Section 7 Registration by Owner of Mailing Address
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR
MOUNTAIN VISTA
PREAMBLE
THIS DECLARATION, made on the date hereinafter set forth, by Mountain Vista Ventures Limited Liability Company, hereinafter referred to as “Declarant.”
WITNESSETH:
WHEREAS, Declarant is the owner of the following described property located in the City of Greeley, Weld County, State of Colorado, more particularly described as follows:
Lots 17 of Block 5, Lots 1-21 Block 3, Lots 1-14 of Block 2 and Lots 1-25 of Block 1, all of Filing 1 of Mountain Vista subdivision and Lots 1-12 of Block 1, lots 1-12 of Block 2, Lots 1-31 of Block 3, Lots 1-34 of Block 4, Lots 1-7 of Block 5, all Filing 2 of Mountain Vista subdivision of the City of Greeley, Weld County, Colorado.
WHEREAS, this Declaration is executed pursuant to and in furtherance of a common and general plan (a) to protect and enhance the quality, value, desirability and attractiveness of all property which may be subject to this Declaration; (b) to provide for an association as a vehicle to perform certain functions for the benefit of owners of property which may become subject to this Declaration; (c) to define duties, powers and rights of the association; (d) to define certain duties, powers and rights of owners of property which may become subject to this Declaration with respect to the association and with respect to the functions undertaken by the association; and (e) to create a planned common interest community as defined in this Declaration; and
WHEREAS, Declarant, for itself, its successors and assigns hereby declares that all property herein or hereafter made subject to this Declaration, in the manner hereinafter provided, and each part thereof shall, from the date the same becomes subject to this Declaration, be owned, held, transferred, conveyed. sold, leased, rented, hypothecated, encumbered, used, occupied, maintained, altered and improved subject to the covenants, conditions, restrictions, limitations, reservations, exceptions, equitable servitudes an other provisions set forth in this Declaration for the duration thereof, all of which shall run with the title to such property and be binding upon all parties having any right, title or interest in said property or any part hereof and upon their heirs, personal representative, successors and assigns and shall inure to the benefit of each party having any such right, title or interest in said property or any part thereof.
NOW, THEREFORE, the Declarant with this Declaration states that the real property described in the preamble is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges, and liens hereinafter set forth. Additionally, Declarant hereby submits the real estate identified above to the provisions of the Colorado Common Interest Ownership Act Sections 38-33.3-101 (the Act), et seq., Colorado Revised Statutes, as it may be amended from time to time. In the event the Act is repealed, the Act, on the effective date of this Declaration, shall remain applicable.
ARTICLE I
DEFINITIONS
Section 1 “Architectural Review Committee” shall mean the committee that is formed by Article IX of these covenants.
Section 2 “Articles of Incorporation” shall mean the Articles of Incorporation of the Association, as the same may from time to time be amended.
Section 3 “Association” shall mean and refer to the Mountain Vista Community Association, a Colorado corporation, not-for-profit, its successors and assigns.
Section 4 “Assessment” shall mean and refer to any lot within the subdivision, which is subject to assessments.
Section 5 “ “Assessable Unit” shall mean and refer to any lot within the subdivision, which is subject to assessments.
Section 6 “Board” shall mean the Executive Board of the Association.
Section 7 “Bylaws” shall mean and refer to the duly adopted Bylaws of the Association, as the same may from time to time be amended.
Section 8 “Declaration” shall mean the covenants, conditions and restrictions, and all other provisions herein set forth in this entire document, as the same may from time to time be amended.
Section 9 “Developer” or Declarant shall mean and refer to both Mountain Vista Ventures Limited Liability Company, its successors and assigns; provided, however, that no successor or assignee of the Developer shall have any rights or obligations of the Developer hereunder unless such rights and obligations are specifically set forth in the instrument of succession or assignment or which pass by operation of law.
Section 10 “Exterior Association Fence” shall mean and refer to any fence located or to be located on perimeter of the subdivision. Their perimeter fence shall be installed at the expense of the individual homeowner and thereafter shall be maintained by the Association. The perimeter fencing shall be cedar wood with 4” pickets with three rails in 8’ sections.
Section 11 “Federal Mortgage Agencies” shall mean and refer to those Federal Agencies who have an interest in the properties, such as the Federal Housing Administration, the Veteran’s Administration, the Federal National Mortgage Association, and the Federal Home Loan Mortgage Corporation, or successors to their interest.
Section 12 “First Mortgage” shall mean and refer to any unpaid mortgage, deed of trust or other security instrument recorded in the records of the office of the Clark and Recorder of Weld County, Colorado, having priority of record over all other recorded liens except those governmental liens made superior by statute (such as general ad valorem tax liens and special assessments). “First Mortgage” shall also mean and refer to an executory land sales contract wherein the Administrator of Veteran Affairs, on officer of the United States of America is the original seller, whether such contract is recorded or not, and whether such contract is owned by the said Administrator or has been assigned by said Administrator and is owned by the Administrator’s assignee, or a remote assignee, and the land records in the Office of the Clerk and Recorder of Weld County, Colorado show the said Administrator as having the record title to the Lot.
Section 13 “First Mortgagee” shall mean and refer to an institutional lender who holds wither a first deed of trust or a first mortgage on a Lot.
Section 14 “Improvements” shall mean and refer to all improvements now or hereafter constructed including, without limitation, all Association exterior boundary fencing, exterior lighting, benches, walks, landscaping, sprinkling systems and irrigation ditches within the project owned or maintained by the Association.
Section 15 “Institutional Mortgagee” or “Institutional Lender” shall mean and refer to a First Mortgagee which is federally or state chartered bank, a federal or state savings bank, or savings and loan institution, a real estate investment thrust, or any corporation whose primary business is the making purchasing, or placing of mortgage loans, who shall perfect a first priority security position as to any lot constructed within the Project.
Section 16 “Lot” shall mean and refer to any numbered area of land shown as such upon any recorded final filing plat required by the City of Greeley, Colorado. “Lot shall also mean a “Unit” as defined in C.R.S. 38.33-103 (30) as originally enacted or subsequently amended.
Section 17 “Member” shall mean and refer to the Person designated as such pursuant to Article III.
Section 18 “Mortgage” shall mean and refer to a mortgage, deed of trust, or other similar security instrument held or owned by a Mortgagee, which encumbers any Lot.
Section 19 “Mortgagee” shall mean and refer only to a Mortgagee under a Mortgage or a beneficiary under a deed of trust or similar security instrument. For the purpose of this Declaration and the Bylaws, no person shall be deemed a Mortgagee until written notice of such interest has been given to the Association together with the name and address of the Mortgagee.
Section 20 “Notice” shall mean and refer to (i) written notice delivered personally or mailed to the last known address of the intended recipient, or (ii) notice through a Association publication which is delivered to the Lot Owners. “Notice to Mortgagee” shall mean and refer to only written notice delivered personally or mailed to the last known address of the intended recipient and not notice through a Association publication.
Section 21 “Owner” means any person, corporation, partnership, association, contract sellers or other legal entity or any combination thereof, including Declarant, who owns the record fee simple interest in one or more Lots and shall include the purchaser under any executory land sales contract wherein the Administrator of Veteran’s Affairs is seller, whether recorded or not, and whether owned by said Administrator or his assigns. The term “Owner” shall include any grantee, transferee, heir, successor, personal representative, executor, administrator, devisee, and assign of any Owner but shall not refer to any Mortgagee as herein defined, or other person or entity having a n ownership interest in an Lot merely as security for the performance of an obligation, unless such Mortgagee has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure.
Section 22 “Person” shall mean an individual, corporation, partnership, association, trust, or other legal entity, or combination thereof.
Section 23 “Project or Properties” shall mean and refer to all real Lots, which are subject to the Declaration.
Section 24 “Quorum of Owners” shall mean the representation by presence or proxy of Members who hold not less then twenty percent (20%) of the outstanding votes entitled to be cast on any issue.
Section 25 “Registered Notice” shall mean and refer to any notice which has been signed for by a recipient or has been certified by the U.S. Postal Service or other entity as having been delivered to the address of the intended recipient. Failure by refusal of an intended recipient to acknowledge such Notice shall nevertheless constitute receipt when such refusal is witnessed by one other person.
Section 26 “Related User” shall mean any member of the Family of an Owner who resides with such Owner; guests and invites of an Owner; employees and agents of an Owner; and occupants, tenants and contract purchasers residing with an Owner who claim by or through an Owner.
Section 27 “Single Family” shall have the same meaning as that term is defined in the zoning ordinance of the City of Greeley, County of Weld, Colorado, as the date of the recording of this Declaration or as amended in the future by the governing body of the City of Greeley, County of Weld, Colorado.
Section 28 “Common Water Line” shall mean a Water Line, which services Association Maintenance Areas.
Section 29 “Common Elements” shall mean all real and personal property now or hereafter owned by the Association for common use, enjoyment and benefit of the Owners; all drainage facilities within the subdivision.
Section 30 “Common Expenses” shall mean all expenses declared to become the expenses by this Declaration are the Bylaws of the Association, and all other expenses of administering, servicing, conserving, managing, maintaining, repairing or replacing the Common Elements, all insurance premiums and insurance carried pursuant to the Declaration, all expenses lawfully determined to be common expenses by the Executive Board, and all expenses set forth and considered in the Budget, determined common expenses by the Executive Board.
Section 31 “Executive Board” means the governing body of the Association.
Section 32 “Map” means all final plats of the subdivided parcels recorded on a phase or filing-by-filing basis, with the Clerk and Recorder, depicting a plan elevation schedule of the property subject to this Declaration and in the supplements and amendments thereto.
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION
The real property, which is held, transferred, sold, conveyed and occupied subject to this Declaration is located in the City of Greeley, Weld County, State of Colorado and is more particularly described in the preamble and represents the subdivision which is the subject of this Declaration. The maximum number or residential homes that may be developed within this subdivision is 61.
ARTICLE III
ASSOCIATION STRUCTURE AND FORMAT
Section 1 – Organization
The Association is a nonprofit, nonstick corporation organized and existing under the law s of Colorado, charged with the duties and vested with the powers prescribed by law and set forth in the Articles of Incorporation and Bylaws, as such may be amended from time to time, provided that the Articles of Incorporation and Bylaws shall not for any reason, be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration.
Section 2- Membership
(a) Basis. Membership shall be appurtenant to the lot giving rise to such membership, and shall not be assigned, transferred, pledged, hypothecated, conveyed or alienated in any way except as provided in the Declaration, Articles of Incorporation or Bylaws.
(b) Member’s Rights and Duties. Each Member shall have the rights, duties and obligations set froth in this Declaration, the Articles of Incorporation or Bylaws. Every Owner of a Lot shall be a member of the Association.
(c) Voting Rights. The Association shall have one (1) class of voting membership: Class A: Class A members shall be all Owners of Lots as defined in article I, Section 24. Class A Members shall be entitled to one (1) vote for each lot owned, except the Declarant shall have two (2) votes per lot until seventy-five (75%) of the lots are sold including the lots of any properties added to the Declaration
(d) Exercise of Vote. Class A Membership shall be appurtenant to and may not be separated from record ownership of a Lot, and such membership shall automatically transfer to the new Owner upon any sale, transfer, or other disposition of a Lot subject to the provisions of this Declaration and any Supplements thereto. There shall not be more than one (1) Class A Member for any Lot within the Project. Upon transfer, sale, or other disposition of all or some of the fee interest in a Lot, the then Owner shall automatically become the Class A Member with respect to such Lot. The vote for any Membership, which is held by more than one (1) person may only be exercised by one (1) persons or an officer of such corporation as the person entitled to cast the vote with respect to such Lot shall be delivered to the Secretary of the Association prior to the start of any annual or special meeting of the Association. Without this written notice, the vote for the membership shall not be counted.
Section 3 – Executive Board
(a) Composition. The number of Directors shall be as provided in the Articles of Incorporation and Bylaws.
(b) Extent of Power.
(1) The Executive Board shall have all powers for the conduct of the affairs of the Association which are enabled by law or the Declaration of Covenants or the Articles of Incorporation and its Bylaws which are not specifically reserved to Members, the Declarant or the Architectural Review Committee by said Documents.
(2) The Executive Board shall exercise its powers in accordance with this Declaration of Covenants, Articles of Incorporation and its Bylaws.
(c) Declarant shall be entitled to appoint and remove Members of the Executive Bard and officers of the Association to the fullest extent under the Act. Declarant may voluntarily relinquish such power by recording a notice of relinquishment executed by Declarant, but in such event, Declarant may specify that certain actions of the Association or the Executive Board be approved by the Declarant during the time Declarant would otherwise be entitled to appoint and remove Directors and officers.
ARTICLE IV
DUTIES AND POWERS OF THE MOUNTAIN VISTA COMMUNITY ASSOCIATION
Section 1 – General Duties and Powers of Association.
The Association has been formed to further the common interests of the members of the Association. The Association has been formed to further the common interests of the Members of the Association. The Association, acting through its Executive Board or Persons to whom the Board has delegated such powers, shall have the duties and owners hereinafter set forth and, in general, the power to do anything that may be necessary or desirable to further the common interests of the Members of the Association, to maintain, improve and enhance the Association fencing, and landscape areas, entry way greenbelt, any sprinkling system necessary to serve the landscape area and entry way greenbelt, any exterior signs which identify the subdivision, as well as provide for snow removal on public sidewalks adjacent to the subdivision, and to improve and enhance the attractiveness and desirability of the subdivision by enforcing architectural control standards described within this Declaration. The Association shall also maintain all of the property both real and personal owned by the Association and shall maintain all drainage facilities within the subdivision and shall maintain the perimeter fencing and walls, landscaping and landscaped areas and sidewalks between the property line and any paved roadways and all other open space areas as may be shown on the final plat.
Section 2 – Duty to Accept Property and Facilities Transferred by Declarant.
The Association shall accept title to any Improvements, including landscaping, sprinkling system, exterior electrical lines which services the Association fencing and exterior signage, if any, identifying the subdivision, transferred to the Association by Declarant, together with the responsibility to perform any and all of the functions et forth in this Declaration in connection therewith, provided that such functions are not inconsistent with the terms of this Declaration. Except as otherwise specifically approved by resolution of the Executive Board of the Association, no personal property transferred to the Association by Declarant shall impose upon the Association any obligation to make monetary payments to Declarant nor any affiliate of Declarant, inducing, but not limited to, any purchase price, rent, charge or fee. The interest in property transferred to the Association by Declarant shall not impose any unreasonably or special burden on the Association other than the duties set forth hereinafter.
Section 3 – Duty to Manage and Care for Association Fences, Landscaping, Entry Way greenbelt and Exterior Signage.
Upon commencement of the Common Assessments and following the installation of the exterior Association fences, landscaping, entry way greenbelt and exterior signage, the Association shall manage, operate, care for, maintain, repair and replace the exterior Association fences whether, landscaping, entry way greenbelt and exterior signage and keep the Association fences, landscaping entry way greenbelt and exterior signage in a neat, attractive and desirable condition.
Section 4 -- Duty to Manage and Care for Common Water Lines, Exterior Sprinkling System and Exterior Electrical System.
Upon Commencement of Common Assessments and following the installation of the common water lines, exterior sprinkling system and exterior electrical system the Association shall manage, care for, maintain, repair and replace all common water lines, exterior sprinkling system and exterior electrical system within the project. The Association shall also maintain, repair and replace any landscaping, pavement, curbing, gutter or other Improvement which is damaged or destroyed by the management, care, maintenance, repair or replacement, or the lack thereof, of the common water lines, exterior sprinkling system and exterior electrical system; each owner hereby waives any and all right to claim against or recover from the Association, for any damage or destruction to any Improvements resulting from or related to the failure of the Association to comply with the obligations under this Section.
Section 5 -- Duty to Pay Water and Electrical Assessments.
The Association shall be obligated to pay all water and electrical assessments levied on any property or facilities transferred to or acquired and owned by the Association. The Association may contest the validly or applicability of any such water assessments of impositions so long as such contest does not jeopardize the title of the Association to any such property or facilities.
Section 6_-- Duty to Prepare Budgets.
The Association shall prepare budgets as elsewhere provided in this Declaration.
Section 7 – Duty to Levy and Collect Assessments.
The Association shall levy and collect Assessments as elsewhere provided in this Declaration.
Section 8 – Duty to Provide Audit.
The Association may provide for an annual audit of the accounts of the Association. If required by a Government Mortgage Agency such audit may be an independent audit. Copies of the report of the audit will be made available to any Member who requests a copy of the same upon payment of such Member of the reasonable cost of copying the same.
Section 9 – Power to Adopt Rules and Regulations
The Association may adopt, amend, repeal and enforce rules and regulations as may be deemed necessary or desirable with respect to the interpretation and implementation of this Declaration, the operation of the Association, and the use of any property within the project. Any such rules and regulations shall be reasonable and uniformly applied. Such rules and regulations shall be effective only upon adoption by resolution of the Executive Board of the Association. Notice of the adoption, amendment or repeal of any rule or regulation shall be given in writing to each Member of the Association at the address for notices to Members as elsewhere provided in this Declaration or the Bylaws of the Association, and copies of the currently effective rules and regulations will be made available to each Member upon request and payment of the reasonable expense of coping the same. Each Member shall comply with such rules and regulations and shall see the Related Users comply with such rules and regulations. Such rules and regulations shall have the same force and effect as if they were set forth in and were part of this Declaration. In the event of conflict between the rules and regulations and the provisions of the Declaration, the provisions of this Declaration shall prevail.
Section 10 – Power to Enforce Declaration and Rules and Regulations
The Association shall have the power to enforce the provisions of this Association Declaration and of its rules and regulations and shall take such action as the Executive Board of the Association deems necessary or desirable to cause such compliance by each Member of the Association and each Related User. Without limiting the generality of the foregoing, the Association shall have the power to enforce the provisions of this Declaration and of rules and regulations of the Association by any one or more of the following means: (a) by entry upon any property within the Association Area (when a bona fide emergency exists), without liability to the Owner thereof, for the purpose of enforcement or causing compliance with this Declaration or rules and regulations of the Association; (b) by commencing and maintaining actions and suits to restrain and enjoin any breach or threatened breach of the provisions of this Declaration or the rules and regulations of the Association, by mandatory injunction or otherwise; (c) by commencing and maintaining actions and suits to recover damages for breach of any of the provisions of this Declaration or the rules and regulations of the Association; (d) by suspension, after notice and hearing of the voting rights of a Member of the Association during and for up to sixty (60) days following any breach by such Member or Related User of such member of this Declaration or such rules and regulations, unless the breach is a continuing breach, in which case such suspension shall continue for so long as such breach continues; (e) by levying and collecting, after notice and hearing a Reimbursement Assessment against any member of the Association for breach of this Declaration or such rules and regulations by such Member or a Related User of such member; and (f) by levying and collecting, after notice and hearing as defined in this Declaration, reasonable and uniformly applied fines and penalties, established in advance in the rules and regulations of the Association, from any Member of the Association for breach of or failure to comply with this Declaration or such rules and regulations by such Member or Related User of such Member. The prevailing party shall be entitled to reimbursement from the non-prevailing party of all costs and expenses, including reasonable attorney’s fees.
Section 11 – Power to Provide Special Services for Members
The Association shall have the power to provide services to a Member or group of members. Any service or services to a Member or group of Members shall be provided pursuant to an agreement in writing, or through one or more special service contract(s), which shall provide for payment to the Association by such Member or group of Members of the reasonably estimated costs and expenses of the Association of providing such services, including a fair share of the overhead expenses of the Association, and shall contain reasonable provisions assuring that the obligation to pay for such services shall be binding upon any heirs, personal representatives, successors and assigns of the Member or group of Members and that the payment for such services shall be secured by lien on the property of the Member or group of Members.
Section 12 – Power to Employ Managers.
The Association shall have the power to retain and pay for the services of a Manager or Managers to undertake any of the management or functions for which the Association has responsibility under this Declaration to the extent deemed advisable by the Association, and may delegate and of its duties, powers or functions to any such Manager. Any contract or agreement with any such Manager shall be terminable by the Association for case on no more than thirty (30) days’ prior written notice, and shall be terminable by the Association without cause and without payment of a termination fee on no more than ninety (90) days’ prior written notice. Any such contract or agreement shall be for a term of no more than one (1) year but may be subject to renewal for succeeding terms of no more than one (1) year each. Notwithstanding any delegation to a Manger of any duties, powers or functions of the Association, the Association and its Executive Board shall remain ultimately responsible for the performance and exercise of such duties, powers and functions. Any agreement or contract with a Manager may contain any other provisions, which are required to be contained therein by any Government Mortgage Agency.
Section 13 – Power to Engage Employees, agents and Consultants.
The Association shall have the power to hire and discharge employees and agents and to retain and pay for legal and accounting services as may be necessary or desirable in connection with the performance of any duties or the exercise of any powers of the Association under this Declaration.
Section 14 – General Corporate Powers.
The Association shall have all of the ordinary powers and rights of a Colorado corporation formed under the Colorado Nonprofit Corporation Act, including, without limitation, entering into partnership and other agreements, subject only to such limitation upon such powers as may be set forth in this Declaration or in the Articles of Incorporation or Bylaws of the Association and to do and perform any and all acts which may be necessary or desirable for, or incidental to, the exercise of any of the express powers or rights of the Association under this Declaration and the Articles of Incorporation and Bylaws of the Association.
ARTICLE V
COVENANTS FOR ASSESSMENTS
Section 1 – General
The Association shall have the power to levy Assessments against the Lots and the Owners thereof, and each Owner, and, if more than one (1) person, all such Persons, jointly and severely, by acceptance of the deed to a Lot, whether or not its shall be expressed in any such deed shall be deemed to covenant and agree expressly in any such deed to pay all such Assessments in the manner and for the purposes provided herein. Subject to the provisions hereof, the Board shall have the power and authority to determine all matters in connection with Assessments, including the power and authority to determine where, when, and how Assessments shall be paid to the Association, and each Owner shall comply with such determination.
Section 2 – Method of Assessment
All Assessments shall be levied by the Association against Lots, collected, and disbursed by the Association. The Executive Board shall fix the amount of the Assessments as provided hereinafter and set the date or dates such Assessments shall become due.
Section 3 – Relationship of the Association Lien to Mortgages
Except as provided in C.R.S. 38-33 .3-316 as originally enacted or as subsequently amended by the Colorado Legislature, the lien of the assessments provided for herein shall be subordinate to the lien of any First Mortgage, including any executory land sales contract wherein the Administrator of Veterans Affairs (Veterans Administration) is the seller, whether such contract is owned by the Veterans Administration or its assigns, and whether such contract is recorded or not. The Lien of such assessments shall be superior to any homestead exemption or other exemption as is now or may hereafter be provided by Colorado or Federal law. The acceptance of a deed to land subject to this Declaration shall constitute a waiver of the homestead and any other exemption as against said assessment lien. Sale or transfer of any Lot shall not affect the liens for said charges except that sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, including a deed in lieu of foreclosure or cancellation of forfeiture of an executory land sales contract shall extinguish the lien of such charges as to payments which became due prior to such sale, transfer, cancellation or forfeiture of executory land sales contract. No sale, transfer, cancellation or forfeiture of executory land sales contract shall relieve such Lot from liability for any such charge thereafter becoming due or from the lien thereof; provided, however, that in the event of foreclosure of a First Mortgage or the taking of a deed in lieu thereof, such First Mortgagee shall not be liable for unpaid assessments or other charges which accrue prior to the acquisition of title to the Lot in question by such First Mortgagee except to the extent C.R.S. 38-33.3-316 grants a superior priority to liens of the Association in relationship to a first mortgage.
Section 4 –General Assessments
(a) Purpose. The General Assessment shall be used exclusively to promote the welfare of the owners and, by way of example but not by way of limitation, to improve, maintain and operate the Common Area and facilities, including funding of an adequate reserve fund for maintenance, repair, replacement of the Association fencing whether interior or exterior for the subdivision, for landscaping of areas adjacent to the exterior Association fencing and in the island area of the common entry for access into the subdivision, to maintain any sprinkling system necessary for landscaping, either adjacent to exterior Association fencing or in the common island entry way, to pay any water or electrical assessments incurred to provide those services for the areas immediately adjacent to the exterior Association fencing and common entry way, to provide for external signage for the subdivision, and to pay annual insurance costs necessary to the Association, all tax liabilities assessed by any federal, state or local tax authority relating to obligations of the Association, any water or electrical assessments to the Association charged by entities who deliver those services, any exterior snow removal costs to the Association for snow removal authorized by the Executive Board, as well as any professional fees incurred by the Association.
(b) Basis for Assessment. For General Assessment purposes all Lots shall be assessed at one hundred percent (100%) of the General Assessment rate. The Developer anticipates that the first General Assessment shall not exceed Ninety-six and no/100 Dollars ($96.00) for the first year. The Developer reserves the right to increase or decrease the General Assessment for the first year of operation of the Association, and the amount listed above is an estimate based on current budget projections of the Developer for operating the Association. The General Assessment and Supplemental Assessment shall be allocated among the Lots equally.
(c) Date of Commencement of General Assessments. All General Assessments shall commence on the first day of the month following the conveyance of a Lot to any; purchaser other than the Declarant.
Section 5 – Budget Process
To determine the amount required to be raised by General Assessments for any fiscal year, the Executive Board shall prepare an Annual Budge for such fiscal year showing, in reasonable detail, the various matters proposed to be covered by the Budget, the estimated costs and expenses which will be payable, and the estimated income and the funds which will be available in that fiscal year, and the estimated total amount of money required to be raised by the General Assessment to cover such costs and expenses and to provide a reasonable reserve. The total amount of money required to be raised by the General Assessment for such fiscal year shall be the amount as determined by the Board necessary to satisfy the costs and expenses of fulfilling such functions and obligations of the Association in the coming fiscal year, including the payment of debts from prior fiscal years, providing reasonable reserves and providing a reasonable carry-over reserve for the following fiscal year. Within thirty (30) days after adoption of any proposed budget for the common interest community, the Executive Board shall mail, by ordinary first-class mail, or otherwise deliver a summary of the budget to all the Lot Owners and shall set a date for a meeting of the Lot 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. Unless at that meeting a majority of all Lot owners present at the meeting in person or by proxy rejects the budget, the budget is ratified, whether or not a quorum is present. In the event of proposed budge is rejected, the periodic budge last ratified by the lot Owners must be continued until such time as the Lot Owners ratify a subsequent budget proposed by the Executive Board.
Section 6 – Supplementary Assessments
In the event that the Board shall determine, at any time or form time to time, that the amount of the General Assessment is not adequate to pay for the costs and expenses of fulfilling the Association’s obligations hereunder, one or more Supplementary Assessments may be made for the purpose of providing the additional funds required. To determine the amount required to be raised by each Supplementary Assessment, the Board shall revise the annual budget for such fiscal year provided in Article V, Section 5, or prepare a new budge, a copy of which shall be furnished to any Owner, or on request, to any Mortgagee. Based on such revised or new Budget, the Board may make a Supplementary Assessment for such fiscal year against each Lot, the amount of which shall be determined by the Board as provided in Section 5 of this article, including the notice to owners and owners meeting for ratification.
Section 7 – Special Assessments
Special Assessments may be made for the purposes of raising funds for capital improvements and for any other Association purpose for which General Assessments may not have been made. Whether to make A Special Assessment and the amount thereof per Lot shall be determined by the Board; provided that no Special Assessment shall be valid unless approved by a majority vote of the Members present and voting in person or by proxy at any Annual Meeting of the Members of the Association or at any Special Meeting thereof called for the purpose of considering such Special Assessment.
Section 8 – Reimbursement Assessments
The Executive Bard of the Association may, subject to the provisions hereof, levy an Assessment against any Member if (a) the willful or negligent failure of the Member or Related User of the Member to comply with this Declaration, the Articles of Incorporation, the Bylaws of the Association, rules and regulations adopted by the Association, or guidelines or rules adopted by the Association Architectural Review committee have resulted in the expenditure of funds to cause such compliance, or (b) if a Member or Related User of the Member shall fail to pay any fines or penalties established in the rules and regulations. Such Assessments shall be known as Reimbursements Assessments. The amount of the Reimbursements Assessments shall be due and payable to the Association thirty (30) days after notice to the Member of the decision of the Executive Board of the Association that the Assessment is owing.
Section 9 -- Time for Payments
The General Assessment for each Lot shall be payable, subject to Section 11 of this Article V, in one (1) installment with that payment being due on or before June 1 of each year. Special and Supplementary Assessments shall be payable as provided in the resolutions authorizing the same. All installments of General, Supplementary, and Special Assessments shall be due and payable without notice or demand, and all Assessments shall be paid without any set off or diminution of any kind. Any Assessment or installment thereof or other amount payable pursuant to this Section or under the Articles of Incorporation or its Bylaws which is not paid when due shale bear interest from the delinquency date until paid at the maximum rate permitted by law for interest as provided in Colorado Revised Statutes 38-33.3-315(2) or any subsequent amendment thereto or such lesser rate as the Board shall determine and/or may be subject to a late charge as may be set and uniformly applied by the Board. All payments on account shall be first applied to interest and late charges and then to the Assessment payment due.
Section 10 -- Lien for Assessments and Other Amounts
The Association shall have a lien against each Lot to secure payment of any Assessment and other amounts due and owing to the Association with respect to that Lot which shall be crated and enforced as provided in Colorado Revised Statutes 38-33.3-316 or any subsequent amendment thereto.
Section 11 -- Working Capital
The Association shall require that the first Owner of a lot other than Declarant who purchases that Lot from Declarant to make a contribution of working capital to the Association which shall be One Hundred and no/100 Dollars ($100.00), which sum shall be held by the Association as and for working capital. Such payment shall not relieve an Owner of a Lot from making the regular payment of assessments for lots as the same become due. The amount collected as working capital shall not later be refunded to the original Owner upon the sale or transfer of a Lot. No Owner shall be entitled to interest on any amount provided as working capital to the Association. The provisions of this Section 11 shall not apply the Declarant or any successor in interest to the Declarant. Upon transfer of any Lot, an Owner shall be entitled to reimbursement from the purchaser for the working capital contribution, which has been allocated to that Lot.
Section 12 – Estoppel Certificate
Upon payment of a reasonable fee and upon written request of any Owner, or First Mortgagee, or any person with any right, title or interest in a Lot or intending to acquire
Section 13 – No Abatement
No diminution or abatement of Assessments shall be allowed or claimed for any reason including, without limitation, from the making of repairs or improvements to the Common Area or from any action taken to comply with any law, ordinance, or order of a governmental authority.
Section 14 – Rights of First Mortgagees
Any First Mortgagee of a Lot within the project may jointly or severally pay any tax or other charge which is in default and which may have become a charge or a lien against any common area of the Association, and any First Mortgagee may jointly or severally pay any overdue premium on hazard insurance policies or secure new hazard insurance coverage on the lapse of any such policy, upon common area of the Association, and any First Mortgagee(s) making such payments shall be entitled to immediate reimbursement therefore from the Mountain Vista Association.
ARTICLE VI
USE AND OTHER RESTRICTIONS
Section 1 – Nuisances
No nuisance shall be permitted to exist or operate upon any property so as to jeopardize property values or to be detrimental to the well being of any other Member of the Association.
Section 2 – Restriction of Further Subdivision
No Lot upon which a Living Unit has been constructed shall be further subdivided or separated into smaller lots by any Owner, and no portion less than all of any such Lot, nor any easement or other interest herein shall be conveyed or transferred by an Owner, provided that this shall not prohibit deeds of correction, deeds to resolve boundary line disputes, and similar corrective instruments.
Section 3 -- Single Family Residences
No Living Unit shall be used for any other purpose other than as a single-family residence, and no business or commercial activity shall be carried on or within the Project other than those home occupations defines as such in the City of Greeley Zoning Code.
Section 4 – Size of Single-Family Residences and Utilization of Certain Materials in Construction
As per Addendum A, incorporated herein.
Section 5 -- Building Locations
Buildings and residences shall be located on a Lot in compliance with all applicable codes, ordinances and regulations. Owners of Lots on the perimeter of the subdivision shall install at their expense on the perimeter of their respective lots, and exterior Association Fence as defined in Article I, Section 11. The fence and location shall be approved by the Architectural Control Committee and shall be cedar wood, 3 rail fence with 4” pickets in 8’ sections. The fence shall be installed within twelve (12) months of the sale to an Owner other than the Declarant.
Section -- No Imperiling of Insurance
Nothing shall be done or kept in or on any portion of the Project which might result in an increase in the premiums with respect to insurance obtained for all or any portion of the Project or which might cause cancellation of such insurance except with the prior written consent of the Association.
Section 7 – No Violation of Law
Nothing shall be done or kept in a clean, safe, and attractive condition, and no rubbish or refuse, or garbage shall be allowed to accumulate.
Section 8 – Appearance
All parts of the Project shall be kept in a clean, safe, and attractive condition, and no rubbish or refuse, or garbage shall be allowed to accumulate.
Section 9 – Restrictions on Signs
No signs or advertising devices of any nature shall be erected or maintained on any part of the Project (including, without limitation, any Lot) without prior written approval of the Architectural Review Committee of the Association. The Association shall furnish all signs for advertising devices of any nature within the subdivision. Those signs shall be uniform in nature and shall be 44 square inches. It shall be the Owners’ responsibility to pay the cost of placing any advertising on the sign after it has been provided by the Association. The sign shall be approximately 1’ x 1’ in height and width, and shall be returned to the Association upon completion on the advertising by the Owner. During the period of construction of Lots within the subdivision, the Declarant retains the right to approve larger signs submitted by realtors or builders to advertise the availability of properties being built within the subdivision.
Section 10 – Conditions for Architectural Control
No original construction improvements, alterations, repairs, change of paint colors, excavations, changes in grade or other work which in any way alters the exterior of any Lot, residence or the improvements located thereon from its natural or improved state existing on the date such property was first subject to this Declaration shall be made or done without compliance with the procedures set froth in Article IX of this Declaration regarding Architectural Control.
Section 11 – Rules and Regulations
Every Owner, guest, or members of the family, or related user, and employees shall strictly adhere to the Rules and Regulations adopted from time to time by the Association. The Executive Board may adopt general rules, including but not limited to, rules to regulate potential problems relating to the use of the property and the well-being of the members, such as keeping of animals, storage items, and the use of all vehicles, storage and use of machinery, use of outdoor drying lines, antennas, signs, trash containers, maintenance, and removal of vegetation on the properties.
Section 12 – Restrictions on Parking and Storage
Except as expressly heretofore provided, no Lot, including the private drives, or parking area, unless specifically designated by the Association therefore, shall be used as a parking, storage, display, or accommodation area for any type of house trailer, camping trailer, motor home, bus, boat trailer, hauling trailer, running gear, boat or accessories thereto, motor-driven cycle, truck, self-contained motorized vehicle, automobile or any type of commercial vehicle which an owner uses for a business purpose, jet ski or motor-driven snow ski equipment, except as a temporary expedience for loading, delivery, or emergency. The same shall be stored, parked or maintained within the garage area of a residential home. This restriction, however, shall not restrict trucks or other commercial vehicles within the Properties, which are necessary for the construction of residential dwellings or the maintenance of the lots. This section shall not prohibit the owner of a Lot from parking a recreational vehicle on a temporary basis for purposes of loading or unloading that recreational vehicle, but shall not allow the recreational vehicle to be parked as described herein for a period of more than 72 hours. The parking of any recreational vehicle for more than 72 hours shall be a violation of this Section 12.
Section 13 -- Animals within Project
No animals shall be kept or harbored within the Project except that any Owner may keep a reasonable number of household pets, subject to existing ordinances of the City of Greeley, Colorado. Any such household pet shall be kept in the interior of any Residential Home or the interior of any fenced Lot within the subdivision. Such pet must be kept at all times on a lease if the pet is taken from the interior of any residential home unless within a fenced yard or approved dog run. It shall be the obligation of each Owner owning a pet to control it in accordance with existing ordinances of the City of Greeley, Colorado. It shall be the responsibility of each Owner to maintain any lot or Common Area used in any manner by any pet to avoid any noise or odor or nuisance to any other owner within the Association. The Executive Board of the Association may, at any time, create rules and regulations regarding the keeping of animals within the subdivision, and all Owners shall be subject to this covenant, which requires that the Owners comply with the terms and conditions of those rules and regulations regarding animals within the project. Any rules and regulations regarding animals shall be established in accordance with the Bylaws of the Association.
Section 14 -- Control of Antennas Receiving Equipment and Solar Panels
Exterior television receiving or transmitting devices of any type, including receiving or transmission equipment for microwave transmissions and any radio receiving or transmitting devices of any type, or solar panels are expressly prohibited unless approved in writing by the Architectural Review Committee of the Association.
Section 15 -- Underground Electric Lines
All electric television, radio, telephone line installations and connections from any property line of a lot or other structure shall be placed underground, except that during the construction of residential home, the contractor or builder may install a temporary overhead utility line which shall be promptly removed upon completion of construction.
Section 16 -- No Hazardous Activities
No activities shall be conducted on the project and on improvements constructed on the project, which are or might be unsafe or hazardous to any person or property. Without limiting the generality of the foregoing, no firearms shall be discharged upon any of the project and no open fires shall be lighted or permitted on the project except in a contained barbecue unit while attended and in use for cooking purposes or within a safe and well-designed interior fireplace.
Section 17 – No Annoying Light, Sound, or Odors
No light shall be emitted from any Lot which is unreasonable bright or causes unreasonable glare; no sound shall be emitted on any Lot which is unreasonable loud or annoying; and no odor shall be emitted on any Lot which is noxious or offensive to others.
Section 18 -- Dog Runs, Dog Houses, and Temporary Structures
No Dog run, Dog house, storage area, temporary structure, trailer tent, shack, garage, barn or other outbuilding shall be constructed on any Lot at any time for either a temporary or permanent use without the prior submission to and approval by the Architectural Review Committee of the Association. Any exterior storage, if approved by the Architectural Review Committee, must be a part of the residence and shall be finished with the same exterior materials as have been incorporated in the single-family residence.
Section 19 -- Garbage and Refuse Disposal
No garbage, refuse, rubbish, or cuttings shall be deposited on any street, and not on any Lots, unless placed in a container suitably located, solely for the purpose of garbage pickup. All equipment for the storage of such materials shall be kept in clean and sanitary condition.
Section 20 – Repair
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 on any Lot unless it is done within completely enclosed structures located in the residence which screen the sight and sound of the activity from the street and from adjoining property nor shall any such activity be performed on the Common Area. The foregoing restriction shall not be deemed to prevent washing and polishing of any motor vehicle, boat, trailer, or motor-driven cycle together with those activities normally incident and necessary to such washing and polishing.
Section 21 – Storage
No tanks for the storage of gas, fuel, oil, or other material shall be erected, placed or permitted above or below the surface of the Lot.
Section 22 -- Trash Burning
Trash, leaves and other similar material shall not be burned within the Project.
Section 23 – Owner’s Obligation Upon Resale of Lot
The deed or instrument transferring title to any Lot shall contain a provision incorporating by reference the covenants and restricts set forth in this Declaration, as well as any applicable Supplementary Declarations.
Section 24 – Leases
Any lease agreements between an Owner and a tenant shall provide that the tenant shall comply in all respects to the provisions of this Declaration, the Articles of Incorporation, Bylaws and rules and regulations of the Association, and that any failure by the tenant to comply with the terms and provisions of such documents shall be a default under the lease. The Board may require information forms to be completed and security deposits to be made by tenants. Further, all leases shall be in writing, and a copy thereof shall be provided upon request tot eh Executive Board, which may require the use of its approved lease form or the insertion of particular provisions. After notice and an opportunity for hearing, the Board may require an Owner to evict any tenant who has violated any provision of this Declaration, the Articles of Incorporation or the Bylaws. No short-term leases (i.e., for terms less than month-to moth) shall be permitted and no time-sharing or such other forms of interval ownership shall be permitted.
Section 25 – Covenants Run with Land
It is expressly understood and agreed that all covenants, conditions, and restrictions contained herein are intended to and shall run with the land, and Declarant hereby agrees, for itself and its successors and assigns, that such covenants, individually and collectively, touch and concern the land shall be binding, fully and in all respects, upon Declarants’ successors in title to the land, regardless of how succession of title may be accomplished.
ARTICLE VII
INSURANCE
Section 1 – Insurance
All insurance carried by the Association regarding any improvements within the subdivision shall be governed by the provisions of this Article VII.
Section 2 – Insurance Requirements Generally
The Association shall obtain and maintain in full force and effect at all times certain casualty, liability, and other insurance as hereinafter provided. All such insurance shall be obtained, to the extent possible, from responsible companies duly authorized and licensed to do insurance business in the State of Colorado.
To the extent possible, the casualty and liability insurance shall; (i) provide for a waiver of subrogation by the insurer as to claims against the Association, its directors, officers, employees, agents, and members; (ii) provide that the insurance cannot be canceled, invalidated, or suspended on account of the conduct of the Association, its officers, directors, employees, and agents; (iii) provide that the policy of insurance shall not be terminated, canceled, or substantially modified without at least thirty (30) days’ prior written notice to the Association and (iv) provide for a standard Mortgagee Clause in favor of all First Mortgagees who have an interest within the project.
Any insurance policy may contain such deductible provisions as the Association deems consistent with good business practice and which shall be consistent with the requirements of any First mortgages. Any loss failing within the deductible portion of a policy shall be paid by the Association, but may be recovered from the lot Owner(s) whom the Association determines to be responsible for the loss. The cost and expense of all insurance obtained by the Association shall be paid out of Association funds collected by Assessments and otherwise as elsewhere provided in this Declaration.
Section 3 – Insurance for Association Fencing and Landscaping Area
The Association shall maintain insurance covering the Association fencing, landscaping maintenance area and entry way and all property and liabilities of the Association, insuring the Association in an amount not less than $1,000,000.00 covering bodily injury, personal injury and property damage liability arising out of a single occurrence and such other risks as shall customarily be covered with respect to projects similar in construction, location and use within Colorado.
Section 4 – Workmen’s Compensation and Employer’s Liability Insurance
The Association may obtain and maintain workman’s compensation and employer’s liability insurance as may be necessary to comply with applicable laws.
Section 5 – Annual Review of Insurance Policies
All insurance policies carried by the Association shall be reviewed at least annually by the Executive Board of the Association to ascertain that the coverage provided by such policies adequately covers those risks insured by the Association.
Section 6 – Other Insurance
The Association may obtain insurance coverage against such additional risks as it shall determine to be appropriate.
ARTICLE VIII
VARIOUS RIGHTS AND EASEMENTS
Section 1 – Association Easements
Declarant hereby expressly creates and reserves for the benefit of the Association, its designees, successors and assigns, the following easements:
(a) Easements Over Lots for Maintenance of Perimeter Landscaping Area and Underground Ditches. An easement shall exist over and across each Lot within the subdivision as may be necessary or appropriate for the Association to perform duties and functions which it is obligated or permitted to perform under this Declaration including the use, enjoyment, maintenance, repair and replacement of any portion of the Association fencing, landscaping area as shown on the plat for the subdivision, underground irrigation ditches as shown on the plat and/or access, ingress and egress necessary for such use, enjoyment, maintenance, repair and replacement of any landscaping within the perimeter landscaping area or entry way island or underground ditches located within the Subdivision.
(b) Easements for Association Fences. Easements over and across each Lot within the subdivision upon which the Declarant installs or constructs Association fencing either interior or exterior, as may be reasonable and necessary for the installation, construction, operation, maintenance, repair and replacement of the Association fences, and for access, ingress and egress necessary for such installation, construction, operation, maintenance, repair and replacement.
Section 2 – Owner Easements
Declarant hereby expressly creates and reserves for the benefit of each Lot, and for the benefit of the Owner of such Lot, the following easements:
(a) Easements for Encroachments. A valid, currently existing easement for any encroachment, and for the maintenance of the same, which results from any portion of a single-family residence or improvement associated with that residence, on a lot which encroaches upon an adjoining Lot, whether as a result of errors in construction of any Improvements by Declarant, or the construction of the single-family residence and improvements by an Owner other than the Declarant or reconstruction, repair, shifting, settlement or movement of such single-family residence or improvements, which easement shall exist for so long as such single-family residence or improvement exists.
(b) Easements Over Common Area for Utilities. An easement over, across, under and through Common Area, in the location where such utilities and related facilities are originally installed by Declarant or in such other location as may be designated from time to time by the Association, for the purpose of installation, operation, maintenance, repair and replacement of underground utilities and related surface facilities necessary for the use, enjoyment and operation of the residence constructed on such Lot, including, but not limited to, irrigation ditches, water lines, sewer lines, gas lines, telephone lines, television cable lines, and all equipment and facilities incidental thereto, and for access, ingress and egress necessary for such installation, operation, maintenance, repair and replacement.
Section 3 – Easements Deemed Appurtenant
The easements and rights hereinabove created shall be binding upon and inure to the benefit of the Association or each Lot in the project and the Owner of each such Lot, as the case may be, and all conveyances of and other instruments affecting title to any such Lot or Common Area shall be deemed to grant and reserve the easements and right as are provided for herein, even though no specific reference to such easements appears in any such conveyance.
Section 4 – Emergency Access Easement
An easement and right-of-way for ingress, egress and access for service and emergency vehicles is hereby granted to all police, fire, protection, ambulance and all other similar emergency agencies or persons over, across, on and through any and all private roads and ways now or hereafter established in the Project.
ARTICLE IX
ARCHITECTURAL REVIEW
Section 1 - Activation of the Association Architectural Review Committee
The initial Association Architectural Review Committee 'and the provisions of this Article shall not be activated or effective until the earlier of (a) the date the Executive Board of the Association elects to activate the Association Architectural Review Committee, or (b) the date 51 % of the Members vote to direct the Executive Board to activate the Association Architectural Review Committee. Thereafter the Executive Board shall send notice to all Members advising the Members of the activation of the Association Architectural Review Committee and the effectiveness of the provisions of this Article ("Notice of Activation") and shall Record the Notice of Activation. On the date of Recordation of the Notice of Activation, all of the provisions of this Article shall become effective and the Association Architectural Review Committee shall have the powers and duties set forth in this Declaration.
The Executive Board of the Association may elect, from time to time, to deactivate a previously activated Association Architectural Review Committee. Thereafter the Executive Board shall send notice to all Members advising the Members of the deactivation of the Association Architectural Review Community ("Notice of Deactivation") 'and shall Record the Notice of Deactivation. Thirty (30) days after the date of the Notice of Deactivation, the provisions of this Article shall be suspended and the Association Architectural Review Committee shall no longer have the powers and duties set forth in this Declaration. The Article or as may be provided elsewhere in this Declaration, The Association Architectural Review Committee may be reactivated and deactivated, from time to time, in accordance with the provisions set forth in Section 1 above and this Section.
Section 3 - Membership of Committee
Member of the Association Architectural Review Committee may, but shall not necessarily be, Members of the Association. Members of the Association Architectural Review Committee shall be appointed within ninety (90) days after the date of the Notice of Activation. Members of the Association Architectural Review Committee may be removed at any time by the Executive Board of the Association and shall serve for such term as may be designated by the Executive Board of the Association or until resignation or removal by the Board of the Association.
Section 4 - Improvement to Property Defined
"Improvement to Property," requiring approval of the Association Architectural Review Committee, shall mean and include, without limitation: (a) the construction, installation, erection or expansion of any building, structure or other Improvements, including utility facilities; (b) the demolition or destruction, by voluntary action, of any building, structure or other Improvements; ( c) the grading, excavation, filling or similar disturbance to the surface of the land including, without limitation, change of grade, change of ground level, change of drainage pattern or change of stream bed, (d) landscaping, planting, clearing or removing of trees, shrubs, grass or plants; and ( e) any change or alteration of any previously approved Improvement to Property including any change of exterior appearance, color or texture.
Section 5 -- Approval of Improvements Required
After the activation of the Association Architectural Review Committee) the approval of the Association Architectural Review Committee shall be required for any Improvement to Property on any lot within the project) except for any Improvement to Property made by Declarant and except as prior approval may be waived or certain Improvements to Property may be exempted in writing or under written guidelines or rules promulgated by the Association Architectural Review Committee because approval in such case or cases is not reasonably required to carry out the purposes of this Declaration.
Section 6 - Committee Guidelines or Rules.
The Association Architectural Review Committee may issue guidelines or rules relating to the procedures, materials to be submitted and additional factors, which will be taken into consideration in connection with the approval of any proposed Improvement to Property. Such guidelines or rules may specify circumstances under which the strict application of limitations or restrictions under this Declaration will be waived or deemed waived in whole or in part because strict application of such limitations or restrictions would be unreasonable or unduly harsh under the circumstances. Such guidelines or rules may waive the requirement for approval of certain Improvements to property or exempt certain Improvements to Property from the requirement for approval, if such approval is not reasonably required to carry out the purposes of this Declaration. Such guidelines or rules may elaborate or expand upon the provisions herein relating to procedures and criteria for approval. Such guidelines or rules may specify rules and restrictions pertaining to the construction of Improvements to property, including, for example, the storage of construction materials and hours of construction operations. Such guidelines or rules shall have the same force and effect as if they were set forth in and were a part of this Declaration.
Section 7 - Submission of Plans
Prior to commencement of work to accomplish any proposed Improvement to property, the Owner or its duly authorized representative proposing to make such Improvement to property (" Applicant") shall submit to the Association Architectural Review Committee at its offices such descriptions, surveys, plot plans, drainage plans, elevation drawings, construction plans, landscape plans, specifications and samples of materials and colors as the Association Architectural Review Committee shall reasonably request showing the nature, kind, shape, height, width, color, materials, and location of the proposed Improvement to Property ("Plans"). The Association Architectural Review Committee may require submission of additional Plans or other information prior to approving or disapproving the proposed Improvement to Property. Until receipt by the Association Architectural Review Committee of all required materials in connection with the proposed Improvement to Property, the Association Architectural Review Committee may postpone review of any materials submitted for approval.
Section 8 - Criteria for Approval
The Association Architectural Review Committee shall approve any proposed Improvement to Property only if it deems in its reasonable discretion that the Improvement to Property in the location indicated will not be detrimental to the appearance of the project in the vicinity of the proposed Improvement to Property; that the appearance of the proposed Improvement to Property will not detract from the beauty, wholesomeness and attractiveness of the project or the enjoyment thereof by Owners; and that the upkeep and maintenance of the proposed Improvement to Property will not become a burden on the Association. The Association Architectural Review Committee may condition its approval of any proposed Improvement to Property upon the making of such changes therein as the Association Architectural Review Committee may deem appropriate.
Section 9 - Architectural Review Fee
The Association Architectural Review Committee may, in its guidelines or rules, provide for the payment of a reasonable processing fee to accompany each request for approval of any proposed Improvement to Property. The Association Architectural Review Committee may provide that the amount of such fee shall be uniform for similar types of any proposed Improvement to Property or that the fee shall be determined in any other reasonable manner, such as based upon the estimated cost of the proposed Improvement to Property.
Section 10 - Decision of Committee
The decision of the Association Architectural Review Committee shall be made within thirty (30) days after receipt by the Association Architectural Review Committee of all materials required by the Association Architectural Review Committee unless such time period is extended by mutual agreement. The decision shall be in writing and, if the decision is not to approve a proposed Improvement to Property, the reasons therefore shall be stated. The decision of the Association Architectural Review Committee shall be promptly transmitted to the Applicant at the address furnished by the Applicant to the Association Architectural Review Committee.
Section 11 - Appeal to Association Board
If the Association Architectural Review Committee denies, imposes conditions on, or refuses approval of a proposed Improvement to Property, the Applicant may appeal to the Executive Board of the Association by giving written notice of such appeal to the Association Architectural Review Committee within twenty (20) days after such denial or refusal. The Executive Board or a Tribunal appointed pursuant to the Bylaws of the Association shall hear the appeal in accordance with the provisions of the Bylaws of the Association for Notice and Hearing, and the Executive Board for the Association shall decide whether or not the proposed improvement to Property or the conditions imposed by the Association Architectural Review Committee shall be approved, disapproved or modified.
Section 12 - Failure of Committee to Act on Plans
Any request for approval of a proposed Improvement to Property shall be deemed approved, unless disapproval or a request for additional information or materials is transmitted to the Applicant by the Association Architectural Review Committee within thirty (30) days after the date of receipt by the Association Architectural Review Committee of all required materials including, in the case of Initial Improvements, final working drawings.
Section 13 - Obtaining Governmental Approvals
Applicant shall obtain, prior to commencement of construction of any Improvements to Property, all permits, licenses, certificates, consents and any other approvals necessary or required pursuant to any law, ordinance, resolution, order, rule or regulation of any governmental authority having jurisdiction ("Governmental Approvals") in order for Applicant to construct, operate and maintain the Improvements to Property. The Governmental Approvals shall be deemed to include, but not be limited to, building approvals by the City of Greeley, Colorado.
Section 14 - Prosecution of Work After Approval
After approval of any proposed Improvement to Property, the proposed Improvement to Property shall be accomplished as promptly and diligently as possible in complete conformity with the description of the proposed Improvement's Property, any materials submitted to the Association Architectural Review Committee in connection with the proposed Improvement to Property, any conditions imposed by the Association Architectural Review Committee and in compliance with the conditions and restrictions of this Declaration
Section 15 - Notice of Completion
Upon completion of any Improvement of Property, the Applicant may give Written Notice of Completion to the Association Architectural Review Committee. Until the date of receipt of such a Notice of Completion, the Association Architectural Review Committee shall not be deemed to have notice of completion of such Initial Improvements or Improvement to Property.
Section 16 - Inspection of Work
The Committee or its duly authorized representative shall have the right to inspect any Improvement to Property or the Property itself prior to, during or after completion of any improvement to the Property. The Committee's right of inspection of improvements shall terminate thirty (30) days after the work or improvement shall have been completed and the respective Owners shall have given written notice to the Committee of such completion. The Committee's right to inspection shall not be terminated pursuant to this Section in the event plans for the construction of improvements or modification of improvements have not been previously submitted to it by the Applicant/Owner. If, as a result of any inspection, the Committee finds that such improvement has been initiated without obtaining approval of the plans therefore, or is not being constructed in substantial compliance with the plans approved by the Committee, the Committee shall have the right to initiate a civil action seeking injunctive relief against the Owner of the Property and any contractor or subcontractor who is completing the improvements without compliance with the Architectural Control provisions of this Declaration. Should the Committee be successful in obtaining injunctive relief against the Owner, any contractor or subcontractor involved in construction of improvements, the Committee shall be entitled to receive from the Owner all costs of the action, including reasonable attorney's fees. It is the intent of this Section to give the Committee the ability to prevent any construction within the subdivision of any type of improvement that has not been previously approved by the Architectural Review Committee.
Section 17 - Notice of Noncompliance
If, as a result of inspections or otherwise, the Association Architectural Review Committee finds that any Improvement to property has been done without obtaining the approval of the Association Architectural Review Committee, or was not. done in substantial compliance with the approved Plans or other materials furnished to, and any conditions imposed by, the Association Architectural Review Committee, or has not been accomplished as promptly and diligently as possible, then the Association Architectural Review Committee shall notify the Applicant in writing of the noncompliance, which notice shall be given, in any event, within thirty (30) days after the Association Architectural Review Committee receives a Notice of Completion from the Applicant. The notice shall specify the particulars of the noncompliance and shall require the Applicant to take such action as may be necessary to remedy the noncompliance.
Section 18 - Failure of Committee to Act After Completion
If, for any reason other than the Applicant's act or neglect, the Association Architectural Review Committee fails to notify the Applicant of any noncompliance within thirty (30) days after receipt by the Association Architectural Review Committee of written Notice of Completion from the Applicant, the Improvement to Property shall be deemed in compliance if the Improvement to Property was, in fact, completed as of the date of the Notice of Completion.
Section 19 - Appeal to Association Board of Finding of Noncompliance
If the Association Architectural Review Committee gives any notice of noncompliance, the Applicant may appeal to the Executive Board of the Association by giving written notice of such appeal to the Executive Board of the Association and the Association Architectural Review Committee within thirty (30) days after receipt of the notice of noncompliance by the Applicant. If, after a notice of noncompliance, the Applicant fails to commence diligently to remedy such noncompliance, the Association Architectural Review Committee shall request a finding of noncompliance by the Executive Board of the Association by giving written notice of such request to the Association and the Applicant within thirty (30) days after delivery to the Applicant of a notice of noncompliance from the Association Architectural Review Committee. In either event, the Executive Board of the Association or a Tribunal appointed pursuant to the Bylaws of the Association shall hear the matter in accordance with the provisions of the Bylaws for Notice and Hearing, and the Executive Board of the Association shall decide whether or not there has been such noncompliance and, if so, the nature thereof and the estimated cost of correcting or removing the same.
Section 20 - Correction of Noncompliance
If the Executive Board of the Association determines that a noncompliance exists, the Applicant shall remedy or remove the same within a period of not more than forty-five (45) days from the date of receipt by the Applicant of the ruling of the Executive Board of the Association. If the Applicant does not comply with the Executive Board of the Association ruling within such period the Executive Board, may, at its option, record a Notice of Noncompliance against the real property on which the noncompliance exists, may remove the non-complying Initial Improvements or other Improvement to Property or may otherwise remedy the noncompliance, and the Applicant shall reimburse the Association, upon demand, for all expenses incurred in connection therewith. If such expenses are not promptly repaid by the Applicant, the Executive Board of the Association may levy a Reimbursement Assessment against the Owner of the Lot for such costs and expenses. The right of the Association to remedy or remove any noncompliance shall be in addition to all other rights and remedies, which the Association may have at law, in equity, or under this Declaration.
Section 21 - No Implied Waiver or Estoppel
No action or failure to act by the Association Architectural Review Committee or the Association shall constitute a waiver or estoppel with respect to future action by the Association Architectural Review Committee with respect to any Improvement to Property. Specifically, the approval by the Association Architectural Review Committee of any Improvement to Property shall not be deemed a waiver of any right or an estoppel to withhold approval or consent for any similar Improvement to property or any similar proposals, plans, specifications or other materials submitted with respect to any other Improvement to Property.
Section 22 - Committee Power to Grant Variances
The Association Architectural Review Committee may authorize variances from compliance with any of the provisions of this Declaration for property in the project when circumstances such as, but not limited to, topography, natural obstructions, hardship, aesthetic or environmental considerations may require. Such variances must be evidenced in writing and shall become effective when signed by at least a majority of the members of the Executive Board or a majority of the members of the Association Architectural Review Committee. If any such variance is granted, no violation of the provisions of this Declaration for property in the project shall be deemed to have occurred with respect to the matter for which the variance was granted; provided, however, that the granting of a variance shall not operate to waive any of the provisions of this Declaration for property in the project for any purpose except as to the particular property and particular provisions covered by the variance, nor shall the granting of a variance affect in any way the Owner's obligation to comply with Restrictions in any deed or lease from Declarant or to comply with all governmental laws and regulations affecting the property concerned, including, but not limited to, development guides and zoning ordinances and setback lines or requirements imposed by any governmental authority having jurisdiction.
Section 23 - Compensation of Members
Members of the Association Architectural Review Committee may receive reimbursement of out-of-pocket expenses incurred by them in the performance of their duties hereunder as compensation for the performance of such duties if approved by the Executive Board of the Association.
Section 24 - Meeting of Committee
The Association Architectural Review Committee shall meet from time to time as necessary to perform its duties hereunder. The Association Architectural Review Committee may, from time to time, by resolution in writing adopted by a majority of the members, designate a Committee Representative (who may, but need not, be one of its members) to take any action or perform any duties for
Section 25 - Records of Actions
The Association Architectural Review Committee Shall report in writing to the Executive Board of the Association all final action of the Association Architectural Review Committee and the Executive Board shall keep a permanent record of such reported action.
Section 26 - Estoppel Certificates
The Association shall, upon the reasonable request of any interested party and after conforming any necessary facts with the Association Architectural Review Committee, furnish a certificate with respect to the approval or disapproval of any Improvement to Property or with respect to whether any Improvement to Property was made in compliance herewith. Any Person, without actual notice to the contrary, shall be entitled to rely on said certificate with respect to all Matters set forth therein.
Section 27 - Non-liability for Committee Action
There shall be no liability imposed on the Association Architectural Review Committee, any member of the Committee, any Committee Representative, the Association, any member of the Executive Board (\f either, or Declarant for any loss, damage or injury arising out of or in any way connected with the performance of the duties of the Association Architectural Review Committee unless due to the willful misconduct :)r bad faith of the party to be held liable. In reviewing any matter, the Association Architectural Review Committee shall not be responsible for reviewing, nor shall its approval of an Improvement to Property be deemed approval of the Improvement to Property from the standpoint of safety, whether structural or otherwise, or conformance with building codes or other governmental laws or regulations.
Section 28 - Construction Period Exception
Until such time as seventy five percent (75%) of the Residential Homes are built upon Lots within the project, all actions regarding architectural control shall be decided by the Declarant without participation by the Executive Board of the Association. The Declarant may incorporate and utilize any or all of the provisions of this Article IX to arrive at its decision.
ARTICLE X
TERMINATION AND AMENDMENT OF DECLARATION
Section 1 – Termination
This Declaration shall continue in effect until and unless terminated as provided in
Accordance with the provisions of C.R.S. 38-3.3-218 as originally enacted or as subsequently amended by Colorado Legislature.
Section 2 – Amendment
Unless terminated as provided in Section 1, each and every provision of this Declaration shall run with and bind the land for a term of twenty (20) years from the date recording of this Declaration, after which time this Declaration shall be automatically extended for successive periods often (10) years each except for provisions stated in Article XII, Section 2, which identify specific voting requirements for those actions to be authorized. This Declaration may be amended during the first twenty (20) year period in accordance with the provisions of C.R.S. 38-33.3-217 as originally enacted or subsequently amended by the Colorado Legislature.
ARTICLE XI
RIGHTS RESERVED BY DECLARANT
Section 1 - Special Declarant Rights
Declarant hereby reserves the right for itself and its successors, from time to time until seventy-five percent (75%) of the Lots are sold or as provided by statute, whichever is longer, to perform the acts and exercise the rights hereinafter specified (the "Special Declarant Rights"). Declarant's Special Declarant Rights include the following:
(a) Completion of Improvements. The right to complete improvements indicated on Plats and Maps filed with the Declarant.
(b) Exercise of Development Rights. The right to exercise any Development Right reserved in Article XIII of this Declaration.
(c) Sales Management and Marketing. The right to maintain sales offices, management offices, signs advertising the project and models.
(d) Construction Easements. The right to use easements through the Common Elements for the purpose of making improvements within the project or within real estate which may be added to the project.
(e) Master Association. The right to make the project subject to a Master Association.
(f) Merger. The right to merge or consolidate the project with another project of the same form of ownership.
(g) Control of Association and Executive Board. The right to appoint or remove any officer of the Association or any Executive Board member.
(h) Amendment of Declaration. The right to amend this Declaration in connection with the exercise of any Development Rights.
(i) Amendment of Map. The right to amend the Map in connection with the exercise of any Development Rights
Section 2 - Additional Reserved Rights
In addition to the Special Declarant Rights set forth in Section 1 above, Declarant also reserves the following additional rights (the" Additional Reserved Rights"):
(a) Dedications. The right to establish from time to time, by dedication or otherwise, utility and other easements for purposes, including but not limited to, streets, paths, walkways, drainage, recreation areas, parking areas and conduit installation areas and to create other reservations, exceptions and exclusions for the benefit of and to serve the Lot Owners within the project.
(b) Use Agreements. The right to enter into, establish, execute, amend and otherwise deal with contracts and agreements for the use, lease, repair, maintenance or regulation of parking, which mayor may not be a part of the project for the benefit of the Lot Owners and/or the Association.
(c) Other Rights The right to exercise any Additional Reserved Right created by any other provision of this Declaration.
(d) Until seventy-five percent (75%) of the Lots have been sold, Declarant reserves the right to unilaterally annex and subject additional property to this Declaration, including additional parts of Mountain Vista Subdivision Filing 1 and all or any portion of Mountain Vista Subdivision Filing 2. Such annexation shall be accomplished by filing a Supplemental Declaration.
Section 3 - Rights Transferable.
Any Special Declarant Right or Additional Reserved Right created or reserved under this Article for the benefit of Declarant may be transferred to any Person by an instrument describing the rights transferred and recorded in Weld County. Such instrument shall be executed by the transferor Declarant and the transferee.
Section 4 - Amendment of the Declaration.
If Declarant elects to submit the Development Property, or any part thereof, or Additional Improvements, to this Declaration, or to subdivide or to convert Units at such time as construction of the improvements on the Development Property or the Additional Improvements are substantially complete, Declarant shall record an amendment to this Declaration reallocating the Allocated Interests so that the Allocated Interests appurtenant to each Unit will be apportioned according to the total number of Units submitted to the Declaration. The Allocated Interests appurtenant to each Unit in the Project, as expanded, shall be based on the total number of Lots within the project, as expanded, and/or on such other information as Declarant shall reasonably determine is relevant to the reallocation.
The amendment to this Declaration shall contain, at a minimum, the legal description of the Development Property, or a part thereof, or a description of the property on which the Additional Improvements being submitted to this Declaration are located and a schedule of the Allocated Interests appurtenant to the Units in the project as expanded.
Section 5 - Amendment of the Map.
Declarant shall, contemporaneously with the amendment of this Declaration, file an amendment of the Map showing the location of the Additional Improvements constructed on the Development Property. The amendment to the Map shall substantially conform to the requirements contained in this Declaration.
Section 6 - Interpretation.
Recording of amendments to this Declaration and Map in the office of the Clerk and Recorder of Weld County shall automatically:
(a) Vest in each existing Lot Owner the reallocated Allocated Interests appurtenant to the Lot; and
(b) Vest in each existing Mortgagee a perfected security interest in the reallocated Allocated Interests appurtenant to the encumbered Lot.
Upon the recording of an amendment to this Declaration, the definitions used in this Declaration shall automatically be extended to encompass and to refer to the Property, as expanded. The Development Property, or any part thereof, or the Additional Improvements, shall be added to and become a part of the Property for all purposes. All conveyances of Lots after such expansion shall be effective to transfer rights in all Common Elements as expanded, whether or not reference is made to any amendment to this Declaration or the Map. Reference to this Declaration and the Map in any instrument shall be deemed to include all amendments to this Declaration and the Map without specific reference thereto.
Section 7 - Maximum Number of Lots.
The maximum number of Lots in the project shall not exceed two hundred fifty (250) Lots or the maximum number of Lots allowed by any governmental entity having jurisdiction over the Property, pursuant to any development plan for the Property and the Development Property. Declarant shall not be obligated to expand the project beyond the number of Lots initially submitted to this Declaration.
Section 8 - Construction.
The buildings, structures and types of improvements to be placed on the Property or the Development Property or any part thereof shall be of a quality equal to the improvements previously constructed on the property, but need not be of the same size, style or configuration. The improvement may be located anywhere on the Property reserved for future development or on the Development Property.
Section 9 - Construction Easement.
Declarant expressly reserves t~ right to perform warranty work, repairs and construction work and to store materials in secure areas in Lots and in Comment Elements, and the future right to control such work and repairs, and the right of access thereto, until its completion. All work may be performed by Declarant without the consent or approval of any Lot Owner or Mortgagee. Declarant has such an easement as may be reasonably necessary for the purpose of discharging Declarant's obligations and exercising Declarant's reserved rights in this Declaration. Such easement includes the right to construct underground utility lines, pipes, wires, conduits and other facilities for the purpose of furnishing utility and other services to buildings and improvements to be constructed on the property. Declarant's reserved construction easement includes the right to grant easements to public utility companies and to convey improvements within those easements anywhere in the easements shown on the subdivision plat.
Section 10 - Termination of Development Rights
Unless otherwise provided for in the "Act" the development rights reserved by Declarant, for itself, its successors and assigns, shall expire ten (10) years from the date of recording this Declaration, unless the development rights are (i) extended as allowed by law or (ii) reinstated or extended by the Association, subject to whatever terms, conditions and limitations the Executive Board may impose on the subsequent exercise of the expansion and development rights by Declarant.
ARTICLE XII
REQUIRED ALLOCATION OF COMMON EXPENSES LIABILITY
AND VOTING IN THE ASSOCIATION
Section 1 - Allocated Interests
The common expenses liability and voting in the Association allocated to each
Lot are as follows:
(a) The percentage of liability for common expenses shall be determined by using a formula in which the numerator is 1 and the denominator is the total number of Lots subject to this original Declaration or any subsequent amendment of this Declaration which are shown on a recorded subdivision plat (s) required by the City of Greeley and recorded with the Weld County Clerk and Recorder; and
(b) The number of votes in the Association, on the basis of one (1) vote being allocated to each Lot Owner, as determined by the total number of Lots that have been submitted to this original Declaration or any subsequent amendment of this Declaration which are shown on a recorded subdivision plat required by the City of Greeley and recorded with the Weld County Clerk and Recorder.
ARTICLE XII
GENERAL PROVISIONS
Section 1 – Enforcement
The Association or any Owner shall have the right to enforce, by any proceeding at law or in equity, all restriction, conditions, covenants, reservations, liens, and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
Section 2 – Severability
Invalidation of anyone of these covenants or restrictions by judgment or court order
shall in no way affect or limit any other provisions which shall remain in full force and effect.
Section 3 – Claims
No claim or cause of action shall accrue in favor of any person in the event of the invalidity
of any provision of this Declaration or for failure of the Association or Declarant to enforce any provision hereof This Section may be pleaded as a full bar to the maintenance of any suit, action, or arbitration brought in violation of this provision.
Section 4 - Waiver.
No provision contained in this Declaration shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches which may occur.
Section 5 - Conflicts of Provisions
In case of any conflict between this Declaration, the Articles of Incorporation or Bylaws of the Association, this Declaration shall control. In case of any conflict between the Articles of Incorporation and Bylaws of the Association, the Articles of Incorporation shall control.
Section 6 - Owners Right to Examine
Each Lot owner shall have a right to examine the books and records of the Association at any reasonable time.
Section 7 - Registration by Owner of Mailing Address
Each Owner shall register a mailing address with the Association, and except for monthly statements and other routine notices, all other notices or demands intended to be served upon an Owner shall be sent by either registered or certified mail, postage prepaid, addressed in the name of the Owner at such registered mailing address. All notices, demands, or other notices intended to be served upon the Executive Board of the Association shall be sent by certified mail, postage prepaid, to the office of the Association at such address as is identified by the Association in writing to each owner.
IN WITNESS WHEREOF, Declarant has executed this Declaration on the ______day of _____________, 1999.
MOUNTAIN VISTA
(THE MEADOWS/THE PEAKS)
ADDENDUM A (Updated 3/9/00)
These are guidelines and not absolutes. Mountain Vista is receptive to a range of architectural variation, provided that compatibility of style, detailing, and color are achieved. The Architectural Control Committee is intent on preserving the quality of appearance and property values, and this involves the avoidance of repetitive design. The following are a few of the main guidelines to be used at Mountain Vista.
Ranch Minimum -1800 square feet.
Multi-Level/First Floor Minimum - 1500 square feet.
Two-Story - 2400 square feet total minimum.
Thirty percent (30%) Masonry (Brick, Stucco, Stone) Front of house excluding openings. No vinyl.
Roof Pitch - Minimum 6/12
Roof Material- Forty-year Heritage II Asphalt Shingle.
Weathered Wood - Color or Equal
Set Backs - As per city code
Fencing - All fencing six-foot (6') cedar 3 rail 4" pickets.
Garages - Two (2) stall minimum
Height - Maximum 30'/35' with greater than 6/12 pitch.
Color - Neutral Tones. 'Must be approved by Architectural Committee
Overhangs - Minimum of 12 inches.
Design Scheme - Traditional-Contemporary
Privacy Walls - Privacy walls shall be made of same siding or masonry material as the house.
Landscaping -- To be prepared by landscape design professional, showing locations and type of fencing, all planting bed locations, edging and mulch types, storage, lay areas, decks, etc.
Shrubs, minimum 5-gallon.
Lot trees, minimum two (2) shade of minimum 174 inch caliber, with at least one (1) in the front yard and one (1) in the rear yard.
Street trees, one (1) shade, must meet city standard (see attached) to be placed between back of curb and sidewalk.
Front yard to be sod. Consistent with City-approved Final Landscaping Plan.
Exterior Vents - To fit exterior design
Plumbing and Furnace Vents - locate on the back side of the ridge facing the street where practical. Painted to match roof color.
Windows and Rear Decks - Double hung/casement or slider, wood painted or vinyl clad, or vinyl 1-story deck: support posts to be minimum of 6 inches in width.
2-story deck: support posts to be minimum of 12 inches in width.
Color: stained same color as house and/or trim (excluding floor).
Completion - Completed construction within 2 years of lot purchase.
Completed landscaping within 12 months of certificate of occupancy.
Items That Need Approval - Storm doors, basketball hoops, playhouse dog runs and enclosures, electric dog fences, playground equipment, swing sets, signs, house numbers, clothes lines, site lighting, window air conditioners, swamp coolers, firewood storage, change in color scheme, RV, boat and additional vehicle parking, storage sheds, landscape plan.
Playground equipment to be located from rear and side lot lines a minimum distance equal to the tallest height of the equipment, but not less than 5 ft. Storage sheds to be attached to the house or located adjacent to rear lot fence but not taller than said fence.
Antennas and Satellite Dishes - Antennas to be located on the attic space and satellite dishes over 18 inches diameter are not allowed. No satellite dishes on front elevation.
BYLAWS
OF
MOUNTAIN VISTA HOMEOWNERS ASSOCIATION
ARTICLE I
GENERAL
Section 1 - Purpose of Bylaws.
These Bylaws are adopted for the regulation and management of the affairs of Mountain Vista Homeowners Association, a Colorado nonprofit corporation, organized to be the association to which reference is made in the Declaration for Mountain Vista Homeowners Association to perform the functions as provided in the Declaration and to further the interests of owners of privately owned lots within the area.
Section 2 -- Terms Defined in Declaration
Capitalized terms in these Bylaws shall have the same meaning as any similarly capitalized terms in the Declaration.
Section 3 -- Controlling Laws and Instruments
These Bylaws are controlled by and shall always be consistent with the provisions of the Colorado Nonprofit Corporation Act, the Declaration and the Articles of Incorporation of Mountain Vista Homeowners Association filed with the Secretary of State of Colorado, as any of the foregoing may be amended from time to time.
ARTICLE III
OFFICE AND REGISTERED AGENT
Section 1 - Principal Office. The principal office of the corporation shall be 811 47th Avenue Court, (Greeley, Colorado 80634. The Executive Board, in its discretion, may change from time to time the location of the principal office.
Section 2 - Registered Office and_______________________
Association have and continuously maintain _____________nonprofit Corporation Act requires that the whose business office is identical with _________________________ office need not be the same as the
principal office of the Association. _____________________The initial registered agent are specified in
the Articles of Incorporation of the Association _________________the Association at any time without
amendment to the Articles of Incorporation ___________________Specified by law in the office of the
Secretary of State of Colorado.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS
Section 1 - Membership in Association
There shall be two (2) classes of members, to-wit:
1. Class A Class A members shall be all owners of lots, and there shall be one vote for each lot owned. When more than one person holds an interest in any lot, all such persons shall be members, and the vote for such lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any lot. Class A members shall vote as provided in the Declaration to approve the annual budget or any supplemental or special assessment; to approve mergers, consolidations, or dissolution of the Association; to approve conveyance, or mortgaging of the Common Area; to approve amendments to the Declaration; and to elect the Executive Board of the Association with the manner of election to be described in the Bylaws of the Association.
2. Each Class A member shall be entitled to one (1) vote for each lot owned, provided that (i) the Association may suspend any Class A member's voting rights in the Association during any period or periods that such member fails to comply with the Rules and Regulations of the Association adopted by the Executive Board or with any other obligation of the member under the Bylaws or the Declaration, (ii) no Class A member shall have the right to vote until (a) the Secretary of the Association has received from either the member or from a title company licensed to do business in the State of Colorado a certified copy of the recorded deed or
other recorded instrument establishing record title to a lot, and (b) if the member shall be more than one (1) person or a corporation or a partnership, a written notice subscribed to by all such persons or by such corporation, as the case may be, designating one of such persons or an officer of such corporation as the person entitled to cast the votes with respect to such lot; but all of the other rights and all other obligations of the owner of such lot hereunder shall be unaffected including, without limitation, the right to use the Common Area and the obligation to pay assessments.
3. Members shall have no preemptive rights to purchase other lots or the membership appurtenant thereto.
Section 2 - Election of Directors
(a) Number of Directors The Executive Board shall consist of a total of seven (7) Members. At the first annual meeting of the Association, four (4) Members of the Executive Board shall be elected for a two (2) year term and three (3) Members of the Executive Board shall be elected-for a one (1) year term. At the second annual meeting of the Association, three (3) Members of the Executive Board shall be elected for a two (2) year term. At the third annual meeting of the Association, four (4) Members of the Executive Board shall be elected for a two (2) year term. It is the intent of this section, to create staggered terms for Members of the Executive Board in which in even numbered years, four (4) Members of the Executive Board are elected for a two (2) year term and in odd numbered years, three (3) Members of the Executive Board are elected for a two (2) year term.
Section 3 - Annual Meetings and Special Meetings.
(a) Annual meetings of the owners shall be held in September of each year, beginning in September of 1998, on such day in September and at such time of day as is fixed by the Executive Board of the Association and specified in the Notice of Meeting. The annual meetings shall be held to elect the Executive Board of the Association and to transact such other business as may properly come before the meeting.
(b) It shall be the duty of the President and, should the President fail to do so of the Secretary, to call a special meeting of the owners as provided in this Section, or upon a petition signed by a majority of the owners of the Association having been presented to the Secretary. The date of any special meeting being called upon such a petition shall be not less than fourteen (14) days nor more than thirty (30) days from receipt of such petition by the Secretary.
Section 4 - Quorum.
A quorum shall consist of at least twenty percent (20%) of all owners entitled
to vote, whether present or in person or by written proxy, except as otherwise provided in these Bylaws or in the Declaration. The question as to the presence of a quorum may only be raised immediately after the meeting has been called to order. If the presence of a quorum has not been questioned or if by count it appears that a quorum is present, then the regularity of the proceedings or the validity of the transactions of the meeting shall in no way be affected by lack of a quorum or by change in the number present that may take place during the meeting. If no quorum be present, the presiding officer may adjourn the meeting to some other time, not later than seven (7) days from the date of such meeting, and such adjourned meeting shall have the same effect as if held on the day appointed.
When a quorum is present at any meeting, the vote of a majority of the owners present in person or represented by written proxy shall decide all questions and such vote shall be binding upon all owners, unless the question is one upon which by express provision of the Declaration, Articles of Incorporation, or these Bylaws a different vote is required, in which case such express provisions shall govern and control the decision of such question.
Section 5 - Waiver and Consent.
Whenever the vote of owners at a meeting is required or permitted by any provision of the Declaration, Articles of Incorporation, or of these Bylaws to be taken in connection with any action, the meeting arid vote of members may be dispensed with if all owners who would have been entitled to vote upon the action if such meeting were held shall consent, in writing, to such action being taken.
Section 6 - Place of Meetings.
Meetings shall be held at a suitable place within the State of Colorado convenient to the owners as may be determined by the Executive Board.
Section 7 - Notice of Meeting
It shall be the duly of the Secretary, at least fourteen (14) but not more than thirty (30) days prior to each annual or special meeting, to mail a notice stating the purpose thereof as well as the time and place where it is to be held to each member.
Section 8 - Order of Business
The order of business at all meetings shall be as follows to the extent
required:
(a) Roll call;
(b) Proof of notice of meeting or waiver of notice;
(c) Reading of minutes of preceding meeting;
(d) Report of officers;
(e) Election of Executive Board (in the event there is an election);
(f) Unfinished business;
(g) Ratification of Association budget;
(h) New business; and
(i) Adjournment.
Section 9- Record Date
The record date for determination of owners entitled to notice of or to vote at a meeting of the owners shall be the date on which the notice of the meeting is mailed or otherwise delivered.
Section 10 - Voting List
The officer or agent having charge of the records of the Association shall make, at least ten (10) days before each meeting of owners, a complete list of owners entitled to vote at such meeting or any adjournment thereof arranged in alphabetical order, together with the address of such owner, which list, for a period often (10) days prior to such meeting, shall be kept on file at the principal office of the Association and shall be subject to inspection by any owner at any time during usual business hours. Such list shall also be produced and kept open at the time and place of the meeting and shall be subject to inspection by any owner during the whole time of the meeting.
Section 11 - Proxies
At all meetings of the owners, an owner may vote by proxy executed in writing by the owner or by a duly authorized attorney-in-fact. Such proxy may be filed with the Secretary of the Association before or at the time of the meeting. No proxy shall be valid after three (3) months from the date of execution.
ARTICLE IV
EXECUTIVE BOARD
Section 1 - Number. Qualifications and Term
The number of directors which shall constitute the whole Board shall be as set forth in Article III, Section 2 of these Bylaws. All elected directors shall be owners or, an officer of an owner, if the owner shall be a corporation, and any such director who ceases to be an owner shall automatically be deemed to have resigned. All directors shall hold office until their successors have been elected and qualify.
Section 2 - Vacancy and Replacement
If the office of any elected director or directors becomes vacant by reason of death, resignation, retirement, disqualification, removal from office, or otherwise, a majority of the remaining directors, though less than a quorum, at a meeting of the directors duly called for this purpose, shall choose a successor or successors who shall hold office for the unexpired term with respect to which such vacancy occurred.
Section 3 - Powers
The Board shall have general charge, management, and control of the affairs, funds
and property of the Association and shall authorize and control all expenditures pursuant and subject to the Articles of Incorporation, the Declaration and these Bylaws. It shall have the powers granted to the Association in the Articles of Incorporation, Declaration, or Colorado Nonprofit Corporation Statute and the duty to carry out the purposes of the Association according to law and as set forth in the Articles of Incorporation, these Bylaws and the Declaration.
Section 4 - Compensation
Directors and officers shall have the right to receive compensation for their Services.
Section 5 - Meetings
(a) A meeting of the Executive Board newly elected by the owners shall be held as soon as may be practicable after the annual meeting of the members.
(b) There shall be held at least two (2) regularly scheduled meetings of the Board each year without special notice to the directors.
(c) Special meetings of the Board may be called by the President on three (3) days notice (except in emergency when less notice may be given) to each director, either personally or ~y mail or telegram, except in the event of an emergency when less notice may be given Special meetings shall be called by the President or Secretary in a like manner and on like notice on the written request of at least two (2) directors. All such notices of special meetings shall state the purpose thereof.
(d) At all meetings of the Board, a majority of the directors shall be necessary and sufficient to constitute a quorum for the transaction of business, and an act of the majority of the directors present at any meeting at which there is a quorum shall be the act of the Board, except as may otherwise specifically be provided by Statute, Articles of Incorporation, Declaration or by these Bylaws. If a quorum shall not be present at any meeting of directors, the directors present may adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum shall be present.
(e) Before, at or after any meeting of the Executive Board, any director may, in writing, waive notice of such meeting and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a director at any meeting of the Board shall be a waiver of notice by the Director of the time and place thereof If all the directors are present at any meeting of the Board, no notice shall be required and any business may be transacted at such meeting.
Section 6 - Budget Process for Board Determination of Assessments
To determine the amount required to be raised by assessments as authorized by the Declaration, the Board shall prepare an annual budget for each such fiscal year showing, in reasonable detail, the various matters proposed to be included by the budget, the estimated costs and expenses which will be payable, and the estimated income and the funds which will be available in the fiscal year, and the estimated total amount of money required to be raised by assessments to cover such costs and expenses and to provide a reasonable reserve. The total amount of money ,required to be raised by lot assessments for each fiscal year shall be the amount determined by the Board necessary to satisfy the costs and expenses of fulfilling the functions and obligations of the Association as set forth in the Declaration of Covenants for Mountain Vista including but not limited to, the payment of debts from prior fiscal years, providing reasonable reserves, and providing a reasonable carryover reserve for the following fiscal year. Within thirty (30) days after adoption of any proposed budget for the Association which shall identify the general lot assessment, the Board shall mail by ordinary mail, or otherwise deliver a summary of the budget to all the lot owners and shall set a date for a meeting of the lot owners to consider ratification of the budget not less than fourteen (14) nor more than sixty (60) days after the mailing or other delivery of the summary. Unless at the meeting of the Owners, a majority of all lot owners present at the meeting, in person or by proxy, rejects the budget, the budget is ratified whether or not a quorum is present. In the event a proposed budget is rejected, the periodic budget last ratified by the lot owners must be continued until such time as the lot owners ratify a subsequent budget proposed by the Board.
Section 7 - Management Agent.
The Executive Board may employ under a term contract or otherwise at a compensation established by the Executive Board a management agent to perform such duties and services as the Board shall authorize subject to the provisions and limitations set forth in the Declaration.
Section 8 - Limited Liability; Indemnification
The Executive Board shall not be liable to the Association or any owner for any action or for any failure to act with respect to any matter, so long as such person or entity was not guilty of fraud or misconduct in taking such action or failing to ac[.
The Executive Board, or the Association shall not be liable, individually or as a group, to owners, members or other interested persons for errors in judgment, negligence or other wise, unless guilty of willful misconduct, bad faith or malicious intent. The Association shall indemnify, defend and hold any member of the Board harmless against any liability or claims made by any owner, member or other interested person, unless and until it is determined that any of them acted in bad faith, with malicious motive or engaged in willful misconduct. Should any of the latter be determined, then the Association's responsibility as to any person so acting shall terminate, and if any expenses or other payments have been made pursuant hereto for the benefit of any person who so acted, then the Association shall have a cause of action against that person for reimbursement for all such payments.
The indemnification authorized by this Article IV, Section 8 shall include payment of (i) reasonable attorney's fees or other expenses incurred in settling any action or proceeding, or threatened action or proceeding, or incurred in any finally adjudicated legal action or proceeding, and (ii) expenses incurred in the removal of any liens affecting any property of the indemnitee. Indemnification shall be made from assets of the Association, and no owner shall be personally liable for any indemnitee.
Section 9 - Telephone Communication in Lieu of Attendance
An Executive Board member may attend a meeting of the Executive Board by using an electronic or telephonic communication method whereby the Board member may be heard by the other members and may hear the deliberations of the other members on any matter properly brought before the Executive Board. The Executive Board member's vote shall be counted and the presence noted as if that Executive Board member were present in person on that particular matter.
Section 10- Use of Telephone Communication Equipment Board for Communication Center Available to All Lot Owners
The Executive Board may elected to establish a telephone voice messaging center for the use by all lot owners within the subdivision to contact with Members of the Executive Board. The initial cost of obtaining and the monthly maintenance cost of such a communication center shall be considered to be an ordinary and necessary cost of operation of the Association. Assessments may be utilized for the purpose of establishing and maintaining such a voice messaging communication center. In the event such a voice communication center is established, the Executive Board shall provide written notice to all Members of the Association of the establishment of the voice center and the means by which the voice messaging center can be utilized.
ARTICLE V
OFFICERS
Section 1 - Elective Officers
The Board shall elect at its annual meeting each year a President, a Secretary and a Treasurer. All officers must be owners.
Section 2 – Term
Each officer shall hold office until his or her successor is elected and shall qualify, but any officer may be removed and/or replaced, with or without cause, at any time by the affirmative vote of a majority of the whole Executive Board.
Section 3 - The President
The President shall be the Chief Executive Officer of the Association He or she shall preside at all meetings of the Association and the Executive Board, shall be an ex-officio member of all standing committees except any nominating committee, and shall perform such other duties as are incident to the office or properly required by the Board.
Section 4 - The Vice President
The Vice President shall perform such duties as are properly required by the Board and, in the absence or disability of the President, take the place and perform all duties of the President
Section 5 - The Secretary
The Secretary shall keep the minutes of all meetings of the Association and of the Executive Board in a businesslike manner and shall issue all general notices. He or she shall make such reports and perform such other duties as are incident to the office or are properly required by the Board. The minutes of all such meetings shall be available for inspection by owners at all reasonable times.
Section 6 - The Treasurer
The Treasurer shall have the custody of the Association funds and securities and shall keep full and accurate chronological account of receipts and disbursements in books belonging to the Association, including the vouchers for such disbursements and shall deposit all monies and other valuable effects in the name and the credit of the Association in such depositories as may be designated by the Executive Board.
He or she shall disburse the funds of the Association as may be ordered by the Board, making proper ,,"vouchers for such disbursements and shall render to the President and directors, at the regular meetings of the Board or whenever they may require it, an account of all transactions as Treasurer and of the financial condition of the Association.
He or she shall keep detailed financial records and books of account of the Association, including a separate account for each lot which, among other things, shall contain the amount of each assessment against such lot, the date when due, the amounts paid thereon and the balance remaining unpaid.
He or she shall perform all other duties incident to the office or which may be properly required by the Board.
Section 7- The Architectural Control Committee
The Board shall select three (3) Members to serve as the Architectural Control Committee which is authorized by Article V of the Declaration of Covenants, Conditions and Restrictions for Mountain Vista Subdivision recorded on June 29, 1999, at Reception No. 2703233 in the real estate records of the Clerk and Recorder of Weld County. The Members of the committee shall enforce all covenants within the Declaration which relate to architectural control. The committee may initiate its own enforcement action or respond to a request for action by any owner within the subdivision. The committee shall have the ability to adopt rules of procedure as to how any issue regarding architectural control shall be resolved by the committee. The Board shall the ability to conduct hearings involving architectural matters request information from property owners who are subject to allegations of violation of architectural control provisions of the Declaration and may make such findings of fact and take those enforcement actions authorized by the Declaration. No Member of the Architectural Control Committee shall have an individual liability for actions taken as a Member of the committee and shall be entitled to indemnification in the event an action is brought against a Member of the Architectural Control Committee.
Section 8 – Agreements
All agreements and other instruments authorized by the Board shall be executed by the President and/or such other person or persons as may be designated by the Board. Any amendment to the Declaration on behalf of the Association shall be executed and certified by the President of the Association and no other member of the Board.
Section 9 - Vacancy and Replacement
If the position of any officer becomes vacant by reason of death, resignation, retirement, disqualification, removal from office or otherwise, a majority of the remaining officers, though less than a quorum, at a special meeting of the officers duly called for this purpose, shall choose a successor or successors who shall hold office for the unexpired term with respect to which such vacancy occurred.
Section 10 - Removal
Officers may be removed with cause by an affirmative vote of a majority of the members at any meeting of members when the notice therefore indicates the purpose or by a majority vote of the Executive Board at any regular or special meeting of the Executive Board. No officer shall continue to serve on the Board if, during the term of office, the officer shall cease to be an owner.
ARTICLE VI
NOTICES
Whenever, under the provisions of the Declaration or of these Bylaws, notice is required or permitted to be given to the Board, any director, member, or owner, it shall not be construed to mean personal notice. Such notice shall be adequate if provided by making by telephone, by computer E-mail transcription or any other method reasonably designed to provide notice to a Director, Member, or Owner.
Whenever any notice is required to be given under the provisions of the Declaration, or of these Bylaws, a waiver thereof, in writing, signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed the equivalent thereof
ARTICLE VII
RULES, REGULATIONS, AND ENFORCEMENT
Reasonable uniform rules and regulations governing the use of the Common Area or the enforcement of the Declaration of Covenants, Conditions, and Restrictions may be adopted and amended from time to time by the Board. All owners shall obey the rules and regulations as promulgated by the Board.
The violation of any of the rules and regulations adopted by the Executive Board or the breach of any provision of the documents shall give the Executive Board the right, after notice and hearing, except in the case of emergency, in addition to any other rights set forth in these Bylaws:
(a) To enter the lot in which, or as to which, the violation or breach exists and to summarily abate and remove, at the expense of the defaulting owner, any structure, thing or condition (except for additions or alterations of a permanent nature that may exist in the living unit) that is existing and has been the subject of an enforcement action by the Executive Board. The Executive Board shall not be liable for any manner of trespass by this action; or
(b) To enjoin, abate or remedy by appropriate legal proceedings, either at law or in equity, the continuance of any breach.
ARTICLE IX
AMENDMENT
Amendments to these Bylaws may be adopted at a regular or special meeting of the members of the Association upon receiving the vote of fifty percent (50%) of the membership of the Association not fifty percent (50%) of those present at a regular or special meeting either in person or by proxy.
ARTICLE IX
MISCELLANEOUS
Section 1 – Severability
Should any of the covenants, terms or provisions herein imposed be void or be or become unenforceable at law or in equity, the remaining provisions of these Bylaws shall, nevertheless, be and remain in full force and effect.
Section 2 – Construction
Wherever the masculine singular form of the pronoun is used in these Bylaws, it shall be construed to mean the masculine, feminine, or neuter, singular or plural, wherever the context so requires.
Section 3 - Rules of Procedure
The Rules of Parliamentary Procedure as set forth in Roberts' "Parliamentary Law" shall prevail at all meetings of members or directors of the Association.
Section 4 – Interpretation
In the event that any question arises with respect to the construction of any of the provisions of the Bylaws or the Rules and Regulations of the Association, the decision of the Board with respect thereto shall be final and binding upon the Association and the owners.
FIRST AMENDMENT TO THE DECLARATION OF COVENANTS
CONDITIONS AND RESTRICTIONS FOR
MOUNTAIN VISTA
THIS FIRST AMENDMENT to the Declaration of Covenants, Conditions and Restrictions for Mountain Vista is made and entered into this 1st day of April, 2002. This First Amendment is made and adopted pursuant to Article XI, Section l(h) and (i) and propounded to Article XI, Sections 2, 4 and 5.
WHEREAS, the Declaration of Covenants, Conditions and Restrictions for Mountain Vista were recorded at the Weld County Clerk and Recorder on June 29, 1999 at Reception No. 2703233 of the Weld County Records: and
WHEREAS, pursuant to Article XI the Declaration of Covenants, Conditions and Restrictions may be amended; and
WHEREAS, it is desirable to amend the Covenants, Conditions and Restrictions for Mountain Vista as hereinafter set forth and to include additional lands consisting of a Third Filing to include Mountain Vista Filing 3.
NOW, THEREFORE, pursuant to the provisions for amendment of the Declaration of Covenants, Conditions and Restrictions for Mountain Vista, and in particular pursuant to Article XI of the Declaration of Covenants, Conditions and Restrictions for Mountain Vista, the Declaration of Covenants, Conditions and Restrictions for Mountain Vista are hereby amended as follows:
1. The following additional lands are added to the present lands covered by said Covenants. Said additional lands being described as Mountain Vista Filing 3, being a tract of land located in the Southwest Quarter of Section 8, Township 5 North, Range 66 West of the 6th P.M., Weld County, Colorado, and described as follows:
Commencing at the Southwest corner of said Section 8 from which the South Quarter corner of said Section 8 bears North 89°54'20" East, 2626.37 feet, thence North 89°54'20" East, 265.00 feet along the South line of the Southwest Quarter of said Section 8 to tile East line of that tract of land described in Book 635 at Reception No. 1556529 of the records of Weld County, Colorado; Thence North 00°11'23" West, 60.00 feet along the East line of that tract of land as described in said Book 635 at Reception No. 529 to the North line of the South 60.00 feet of the Southwest Quarter of said Section 8 and the True Point of Beginning.
Thence continuing North 00°11 '23" West 1266.97 feet along the East line of that tract of land as described in said Book 635 at Reception No. 1556529 to the North line of the South One-half of the Southwest Quarter of said Section 8.
Thence North 89°52'32" East, 1220.39 feet along the North line of the South One-half of the Southwest Quarter of said Section 8 to the West line of Mountain Vista Filing 2, a Subdivision in the City of Greeley, County of Weld, State of Colorado, according to the recorded plat thereof;
Thence continuing North 89°52'32" East, 186.46 feet, along the North line of the South One-half of the Southwest Quarter of said Section 8, and the North line of Outlot "F" of said Mountain Vista Filing 2, to the West line of 79th Avenue;
Thence South 00°00'00" East, 131.32 feet, along the West line of 79th Avenue to a point of curve to the left;
Thence Southerly 163.11 feet along the arc of said curve and the West Right- of-Way line of 79th Avenue to the Southeast comer of Lot 1, Block 1 of said Mountain Vista Filing 2, said curve having a radius of 585.00 feet, a central angle of 15°58'31", and a sub tended by a chord which bears South 07°59'" 16" East, 162.58 feet;
Thence South 69°48'00" West, 112.68 feet, along the South line of Lot 1, Block 1 of said Mountain Vista Filing 2, to the Southwest corner of said Lot 1, Block 1, and the West line of said Mountain Vista Filing 2;
Thence South 17°20'32' East, 949.30 feet;
Thence South 00°05'40" West, 30.00 feet to the North line of the South 60.00 feet of the Southwest Quarter of said Section 8;
Thence South 89°54'20" West, 1602.51 feet along the North line of the South 60.00 feet of the Southwest Quarter of said Section 8 to the True Point of Beginning , excepting therefore all portions that are not zoned R.L.
Said -land contains 42.222 acres plus or minus
That the maps for the Declaration of Covenants, Conditions and Restrictions for Mountain Vista are hereby amended to include all of said lands described in the Third Filing.
Excepting all portions that are not zoned R.L.
3. Mountain Vista Third Filing consists of 61 Lots. The total number of Lots in Mountain Vista First, Second and Third Filings shall not exceed 250.
4. Article VI, Section 5, entitled Building Locations, is hereby amended in its entirety to read as follows:
Buildings and residences shall be located on a Lot in compliance with all applicable codes, ordinances and regulations. Owners of Lots on the perimeter of the subdivision shall install at their expense on the perimeter of their respective Lots an Exterior Association Fence as defined in Article I, Section 10. The fence and location thereof shall be approved by the Architectural Review Committee and shall be cedar wood, three-rail fence with four-inch pickets in eight-foot sections. The fence shall be installed within 12 months of the sale to an owner other than the Declarant.
5. Article I, Section 10, entitled Exterior Association Fence, is hereby amended in its entirety to read as follows:
"Exterior Association Fence" shall mean and refer to any fence located or to be located on the perimeter of the subdivision along 20th Street, City of Greeley, Weld County, Colorado. The
perimeter fence shall be installed at the expense of the individual homeowner in accordance with approved plans by the Architectural Review Committee. Thereafter the Exterior Association Fence shall be maintained by the Association. The perimeter fencing shall be cedar wood with four-inch pickets with three rails in eight-foot sections, unless otherwise approved by the Architectural Review Committee.
6. Article VI, Section 12, Restrictions on Parking and Storage, is hereby amended in its entirety to read as follows:
Restrictions on Parking and Storage. Except as expressly heretofore provided, and as provided in this Section, no Lot, including the private drives, or parking areas, unless specifically designated by the Association, shall be used as a parking, storage, display, or accommodation area for any type of house trailer, camping trailer, motor home, bus, boat trailer, hauling trailer, running gear, boat or accessories thereto, motor-driven cycle, truck, self-contained motorized vehicle, automobile or any type of commercial vehicle which an owner uses for a business purpose, jet ski, or motor-driven snow ski equipment, except as a temporary expedience for loading, delivery, or emergency. The same shall be stored, parked or maintained within the garage area of a residential home. However, one motor home, boat trailer, boat, or accessory, jet ski or motor driven ski equipment or trailer used for such purpose shall be allowed per Lot provided, the motor home, boat trailer, boat, or accessory, jet ski, motor-driven ski equipment or trailer are hidden from view as behind a privacy fence approved by the Architectural Review Committee, and is on a concrete pad of appropriate size for the item being stored, as approved by the Architectural Review Committee. The Architectural Review Committee may impose additional landscaping requirements to screen any such items being stored on the property. This restriction, however, shall not restrict trucks or other commercial vehicles within the properties which are necessary for the construction of residential dwellings or the maintenance of the Lots. This section shall not prohibit the owner of a Lot from parking a recreational vehicle, but shall not allow the recreational vehicle to be parked as described herein for a period of more than 72 hours on the streets, driveways or other portions of the Lot, unless in compliance with this Section. The parking of any recreational vehicle for more than 72 hours on any street, sidewalk, driveway or other portion of the Lot not in compliance with this Section shall be a violation of this Section 12.
SECOND AMENDMENT TO THE DECLARATION OF COVENANTS.
CONDITIONS AND RESTRICTIONS
FOR MOUNTAIN VISTA
THIS SECOND AMENDMENT to the Declaration of Covenants, Conditions and Restrictions for Mountain Vista is made and entered into this ~ day of August, 2002. This Second Amendment is made and adopted pursuant to Article XI of the original Declaration of Covenants, Conditions and Restrictions for Mountain Vista recorded June 29, 1999 at Reception No. 2703233 of the Weld County Records.
WHEREAS, the Declaration of Covenants, Conditions and Restrictions for Mountain Vista were recorded at the Weld County Clerk and Recorder on June 29, 1999 at Reception No. 2703233 of the Weld County Records; and
WHEREAS, pursuant to Article XI the Declaration of Covenants, Conditions and Restrictions may be amended; and
WHEREAS, the Declaration of Covenants, Conditions and Restrictions for Mountain Vista were amended by the First Amendment to the Declaration of Covenants, Conditions and Restrictions for Mountain Vista, which was recorded April 4, 2002 at Reception No. 2939876 of the Weld County Records; and
WHEREAS, the First Amendment contained a typographical error and erroneously included nonresidential property in the Declaration of Covenants, Conditions and Restrictions; and
WHEREAS, it is desirable to amend the Declaration of Covenants, Conditions and Restrictions for Mountain Vista to correct the legal description and to exclude nonresidential property.
NOW, THEREFORE, pursuant to the provisions for amendment of the Declaration of Covenants, Conditions and Restrictions for Mountain Vista, and in particular pursuant to Article XI of the Declaration of Covenants, Conditions and Restrictions for Mountain Vista and the First Amendment of the Declaration of Covenants, Conditions and Restrictions for Mountain Vista, and in particular paragraph 1 of the First Amendment of Declaration of Covenants, Conditions and Restrictions, is hereby amended as follows:
Paragraph I of the First Amended Declaration of Covenants, Conditions and Restrictions for Mountain Vista is hereby replaced in its entirety with the following paragraph:
1. The following additional lands are added to the present lands covered by said Covenants. Said additional lands being described as Mountain Vista Filing 3, being a tract of land located in the Southwest Quarter of Section 8, Township 5 North, Range 66 West of the 6th P.M., Weld County, Colorado, and described as follows:
Commencing at the Southwest comer of said Section 8 from which the South Quarter comer of said Section 8 bears North 89°54'20" East, 2626.37 feet, thence North 89° 54'20" East, 265.00 feet along the South line of the Southwest Quarter of said Section 8 to the East line of that tract of land described in Book 635 at Reception No. 1556529 of the records of Weld County, Colorado; Thence North 00° 11 '23" West, 60.00 feet along the East line of that tract of land as described in said Book 635 at Reception No. 529 to the North line of the South 60.00 feet of the Southwest Quarter of said Section 8 and the True Point of Beginning.
Thence continuing North 00°11 '23" West 1266.97 feet along the East line of that tract of land as described in said Book 635 at Reception No. 1556529 to the North line of the South One-half of the Southwest Quarter of said Section 8'
Thence North 89°52'32" East, 1220.39 feet along the North line of the South One-half of the Southwest Quarter of said Section 8 to the West line of Mountain Vista Filing 2, a Subdivision in the City of Greeley, County of Weld, State of Colorado, according to the recorded plat thereof;
Thence continuing North 89°52'32" East, 186.46 feet, along the North line of the South One-half of the Southwest Quarter of said Section 8, and the North line of Outlot "F" of said Mountain Vista Filing 2, to the West line of 79th Avenue;
Thence South 00°00'00" East, 131.32 feet, along the West line of 79th Avenue to a point of curve to the left;
Thence Southerly 163.11 feet along the arc of said curve and the West Right- of-Way line of 79th Avenue to the Southeast corner of Lot 1, Block l of said Mountain Vista Filing 2, said curve having a radius of 585.00 feet, a central angle of 15°58'31", and a subtended by a chord which bears South 07°59'" 16" East, 162.58 feet;
Thence South 69°48'00" West, 112.68 feet, along the South line of Lot 1, Block 1 of said Mountain Vista Filing 2, to the Southwest corner of said Lot 1, Block 1, and the West line of said Mountain Vista Filing 2:
Thence South 17°20'32' East, 949.30 feet;
Thence South 00°05'40" West, 30.00 feet to the North line of the South 60.00
feet of the Southwest Quarter of said Section 8;
Thence South 89°54'20" West, 1602.51 feet along the North line of the South 60.00 feet of the Southwest Quarter of said Section 8 to the True Point of Beginning, excepting therefrom all portions that are not zoned R-L.
Said land contains 42.222 acres plus or minus.
IN WITNESS WHEREOF, this Second Amendment to the Declaration of Covenants, Conditions and Restrictions for Mountain Vista are hereby executed this _30 day
of August, 2002.
Posted
by nemejc on 09/28/2003
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