The Summit of Longmont Estates

About our association

PROTECTIVE AND RESTRICTIVE COVENANTS

Please fully read or print a copy of this entire section. It contains important information about the "THE SUMMIT" and how our neighborhood association operates.

THE SUMMIT OF LONGMONT ESTATES is a Registered Neighborhood Association with the City of Longmont and is also an active participant in the City's NGLA (Neighborhood Group Leaders Association). We are known as "THE SUMMIT"

The Summit of Longmont Estates Neighborhood Association is NOT a legal entity and is NOT an incorporated Homeowner's Association. The Association is NOT empowered to make assesments of association dues or any other type of fee to any property owner in the Summit. There is a 3-member Architectural Control Committee that IS empowered to establish guidelines pertaining to the exterior aesthetic appearance of each lot within the subdivision and is empowered to interpret covenants, approve, dissaprove, or make recommendations regarding any exterior modifications or additions to any lot within the subdivision as they pertain to the aesthetic harmony of the entire subdivision.

Each lot in the Summit is goverened by a set of Protective and Restrictive Covenants that are registered with Boulder County and run with the land until such time as they are officially eradicated or amended by a 75% majority vote of current property owners.

The Covenants are legal and enforceable by any individual property owner or group of property owners who choose to seek litigation against any property owner who is deemed by a majority vote of the Architectural Control Committee to be in violation of any of the restrictions specified in the covenants. Litigation regarding covenant violations pursued without support of the Architectural Control Committee does not have a high probability of being successful.

Neither the Summit Neighborhood Association nor the Architectural Control Committee is empowered in any way to enforce covenants, suggest the legal enforcement of covenants, or to financially support with Association funds any successful or unsuccessful act of litigation regarding covenant violation or enforcement. No personal liability exists for any officer of the Association or any Member of the Architectural Control Committee regarding covenant interpretation or approval or disapproval of an improvement upon any lot, unless the officer or member has without doubt acted in bad faith.

The full set of protective and restrictive covenants for The Summit has been reproduced below. A color-coded document in Microsoft Word 95 format can be obtained by sending an email request to the neighborhood coordinator.

ANNUAL MEETING OF THE ASSOCIATION

The Summit Neighborhood Association has one official meeting each year. Usually this meeting is held in October. In order to continue being recognized by the City of Longmont and by the NGLA, it is important to ensure that at least one documented meeting with official minutes and proceedings takes place each year.

ANNUAL NEWSLETTER

The Summit publishes at least one annual neighborhood newsletter. Association dues are used to pay for printing the newsletter.

ASSOCIATION DUES

The Summit Neighborhood Association currently has set the annual dues at $25 per household. This amount is entirely voluntary and is deposited into a no-charge non-interest bearing account at First Bank in Denver. These funds are used to pay for administrative expenses, parties, school rental, and other activities that benefit the entire neighborhood. If you spend money on something that benefits the entire neighborhood, you may be eligible for full or partial reimbursement. The voluntary annual dues are NOT tax deductible.

OFFICERS AND COMMITTEE MEMBERS:
Please refer to the 2nd Headline of the Web Page:
"Current Elected Officials".

COVENANTS FOR THE SUMMIT OF LONGMONT ESTATES

The covenants detailed in the following sections are the officially registered Protective and Restrictive Covenants governing the Summit neighborhood. These covenants are binding upon all property owners until such time as they expire or are amended by a 75% majority vote of current homeowners and then subsequently reregistered with Boulder County Clerk/Recorder.

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Note: Please pay particular attention to section B-5 EASEMENTS - This section refers to a frequently overlooked drainage easement that affects ALL lots. The Architectural Control Committee is in the process of interpreting the restrictions that apply to the easement. Drainage seems to be a critical issue in the Summit and each homeowner needs to take the utmost precaution against facilitating excessive water runoff onto adjoining lots and must channel their own lots normal water runoff only via the portion of their lot within the drainage easement, and likewise must not create natural or artificial barriers within the easement area to prevent the natural runoff of water from another lot onto their own lot.
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#01281644 04/09/93 02:15 PM REAL ESTATE RECORDS
F1812 CHARLOTTE HOUSTON BOULDER CNTY CO RECORDER

Note: This is a reconstructed copy of the original document for Web Viewing.





PROTECTIVE AND RESTRICTIVE COVENANTS FOR
THE SUMMIT OF LONGMONT ESTATES


PART A - PREAMBLE

Covenants, restrictions and easements affecting property as described above, of Longmont Summit Co. LLC. This declaration made this 1st day of April 1993, by Longmont Summit Co, LLC, hereinafter called the "Declarant" or "Developer" herein.

WITNESSETH:

WHEREAS, Declarant is the present record title holder of the lots in the following described property referred to as The Summit of Longmont Estates (the "Subdivision"): Lots 1 through 34, The Summit of Longmont Estates, County of Boulder, State of Colorado.

WHEREAS, Declarant is desirous of maintaining and enhancing the aforementioned Lots as a desirable residential area, of preventing such construction on any such Lots as will unnecessarily impair the value of adjoining Lots within the Summit of Longmont Estates, and of protecting the appearance, attractiveness, sanitation, safety and convenience of homes in said subdivision. Declarant does hereby adopt and establish the following covenants, conditions, reservations, and restrictions upon which and subject to which all Lots and portions of such Lots shall be improved or sold and conveyed by it as owner thereof. Each and every one of these covenants, conditions, reservations and restrictions shall run with the land and are for the benefit of each record owner of land in such subdivision, or any interest therein, and shall insure to and pass with each and every parcel of such subdivision, and shall bind the respective successors in interest of the present owner thereof.

PART B - RESIDENTIAL AREA COVENANTS

B-1 LAND USE AND BUILDING TYPE. Each and every one of the Lots shall be used for private residence purposes only, and no dwelling shall be erected, altered, placed or permitted to remain on any residential Lot other than one single-family dwelling, not to exceed two stories in height, and one private garage for not more than a total of four vehicles, attached to the principal building, without specific approval from the Architectural Control Committee and such improvement being compatible with the character and quality of the Subdivision. All two story residences with walk-out basements shall be required to have rear elevations with the ground graded so that no more than seventy-five percent (75%) of the basement level rear exterior wall is exposed, with all such design to be approved by the Architectural Control Committee.

B-2 ARCHITECTURAL CONTROL. Buildings shall not be erected, placed or altered on any Lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the Architectural Control Committee as to quality of workmanship and materials, harmony of external design with existing structures and as to location with respect to topography and finish grade elevation. Approval shall be given according to the procedures stated in PART C hereof. The Architectural Control Committee reserves the right to Interpret the covenants, conditions, reservations and restrictions contained herein, and approve or disapprove each home on its own merits to maintain subdivision harmony.

B-3 DWELLING QUALITY AND SIZE. Each residential structure shall be erected on Lot so as to be compatible with the character, quality and amenities associated with the neighborhood and approved in writing by the Architectural Control Committee according to the procedures stated in PART C hereof. Every principle residence constructed on any Lot shall have not less than 2,000 square feet of floor area devoted to living purposes, exclusive of roofed and unroofed porches, terraces, basements, and garages. If a residence of more than one story is constructed, then the main floor shall have not less than 1,500 square feet of floor area devoted to living space. All residences erected on any Lot shall have approximately sixty percent (60%) masonry construction, except stucco which shall have masonry and stucco combined of approximately eighty percent (80%) with masonry composing twenty-five percent (25%) of this percentage. Furthermore, there shall be constructed on each Lot, at time of construction of the principle residence, and kept in place thereafter, paved off-street parking (which may be a driveway on the Lot) in addition to the space in the garage, and no vehicles shall be parked on any Lot except on the paved areas. No vehicles shall be parked overnight on any street or road in the Subdivision. It is the intention and purpose of these covenants to assure that all dwellings shall be of quality workmanship and materials as determined by the Architectural Control Committee, so as to maintain economic harmony in the subdivision.

B-4 BUILDING LOCATION. Each building, structure or other improvements other than a fence, uncovered terrace or steps, which is erected or placed upon any Lot shall be located in accordance with the following minimum prescribed distances from Lot Lines:

B-4(a) Front Yard Setbacks: Lots 1 through 6 not less than Thirty-five (35) feet from the front Lot line which faces the street, Lots 7 through 34 not less than Forty (40) feet from the front Lot line which faces the street. Corner lots fronting on two streets shall be considered as have two street Lot lines, and the front setbacks shall be as specified above from the front street Lot line and thirty (30) feet from the side street Lot line.

B-4(b) Rear Yard Setbacks: Not less than twenty-five (25) feet from any rear lot line.

B-4(c) Side Yard Setbacks: Not less than ten (10) feet from one side lot line and fifteen (15) feet on opposite side with not less than twenty-five (25) feet between
adjacent homes.

No detached garages or accessory buildings shall be permitted. Garages physically connected to the dwelling by a breezeway or covered patio or terrace shall be considered as part of the dwelling, and must conform to the architecture of the principal structure. For the purpose of these covenants, eaves, steps, open porches and chimneys shall not be considered a part of the building, provided however, that these shall not be constructed to permit any portion of a building to encroach upon another Lot. All plants and shrubbery on or adjacent to side lot lines shall not exceed ten feet (10’) in height and shall be maintained in such a manner as to not exceed this limitation.

B-5 EASEMENTS. Easements for installations and maintenance of utilities are reserved as shown on the recorded plat. Drainage easements of five feet (5’) on each side of all rear and side lot lines are hereby reserved. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities or which may change the direction of flow of water through drainage channels in the easements. The easements are of each Lot and all improvements in it shall be maintained continuously by the owner of the Lot, except for those improvements for which a public authority or utility company is responsible.

B-6 NUISANCES. No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance in the neighborhood. No boats, trailers, campers, horse-trailers, snowmobiles, motor homes, tractors, wrecked or inoperative vehicles shall be parked on any Lot, except in enclosed garages. No vehicle, motorbike, moped or similar equipment shall be parked on any Lot or street adjacent thereto while it is undergoing repairs which immobilize the vehicle for a period of more than two consecutive days, unless the vehicle (or other item undergoing repairs) is within an enclosed garage and not visible to passersby during the entire period of such repairs.

B-7 TEMPORARY STRUCTURES. No structure of a temporary nature, trailer, basement, shack, garage, barn or other building shall be used on any Lot at any time as a residence. During development stages, trailers and show-homes may be permitted by the developer only, and only until the conclusion of the earlier of the period of development of the subdivision or January 1, 2010. Developer shall be permitted to operate a sales office on the site until such time as all lots in the entire project are sold. All show homes and sales offices must be maintained in a clean, sightly and wholesome condition, and weeds shall be kept moved on show home lots and sales office lots.

B-8 SIGNS. No sign of any kind shall be displayed to the public view on any Lot except one wall-mounted, non-Illuminated professional sign of not more than two square feet, or one free-standing sign of not more than eight square feet advertising the property for sale or rent, except that for a period of not more than five years beginning on the date of the recording of the final plat, the developer may maintain certain signs advertising the development of this or adjacent areas, provided, however, that the size, design, wording and location of such sign or signs, and the number of such signs shall be approved by the Architectural Control Committee.

B-9 OIL AND MINING OPERATIONS. No oil drilling, or mining operations of any kind shall be permitted upon or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavating or shafts be permitted upon or in any Lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained, or permitted upon any lot.

B-10 LIVESTOCK AND POULTRY. No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except dogs, cats or other household pets may be kept provided they are not kept, bred or maintained for any commercial purposes.

B-11 GARBAGE AND REFUSE DISPOSAL. No Lot shall be used or maintained as a dumping ground for rubbish. Each owner must provide for regular removal of refuse and all trash. Garbage and other waste shall be kept in sanitary containers. Each Lot shall at all times be kept in a clean, sightly and wholesome condition with all weeds mowed.

B-12 FENCE. All fences, walls, or hedges must be approved by the Architectural Control Committee. The subdivision is contemplated to have a masonry fence along the exterior Subdivision boundary of each lot adjoining Airport Road and 17th Avenue. The owner of a lot shall be responsible for maintenance and repair of that portion of the fence located on such owner’s lot.

B-13 OCCUPANCY. No building or structure shall be used or occupied, notwithstanding the issuance of a Certificate of Occupancy by the City of Longmont building inspector, until the entire building is complete in accordance with the plans and specifications approved by the Architectural Control Committee.

B-14 DURATION OF CONSTRUCTION PERIOD. Construction of any building or structure shall not be commenced on any Lot until satisfactory evidence can be shown to the Architectural Committee that the building or structure can be completed and ready for occupancy within one year of the date construction is started.

B-15 QUALITY OF CONSTRUCTION. Notwithstanding any lesser standards as might be inferred from these provisions, all construction shall at a minimum meet the requirements of the applicable codes and ordinances of the City of Longmont, and the City of Longmont building inspector shall determine whether said requirements are met. It is the intention and purpose of these covenants to assure that dwellings shall be of quality workmanship and materials.

B-16 TOWERS, MASTS AND ANTENNAS. No radio or television antennas, masts, towers or satellite dishes shall be permitted on or outside of any structure or on any Lot.

B-17 SOLAR PANELS. No solar panels will be allowed to protrude above the roof line of any building or structure. All outside solar construction must be contained within the framing structure and must be approved by the Architectural Control Committee prior to commencement of construction.

B-18 SUBDIVIDING OR RESUBDIVIDING. No Lot or Lots shall be subdivided or re-subdivided, except for the purpose of combining portions with an adjoining Lot.

PART C - ARCHITECTURAL CONTROL COMMITTEE

C-1 MEMBERSHIP. The Architectural Control Committee shall be comprised of three person and is initially composed of Kenneth E. Pratt, Susan M. Pratt and one additional member to be approved by the Declarant. A majority decision of the Committee shall be controlling, and a majority of the Committee may designate a representative to act in its behalf. In the event of death or resignation of any member of the Committee, the Declarant reserves the right to appoint or remove any member of the Committee which right shall terminate upon Declarant’s transfer of all lots in the Subdivision. Thereafter, Committee members shall be appointed or removed by a majority vote of the lot owners. Neither the members of the Committee nor its designated representatives shall be entitled to any compensation for services performed pursuant to these covenants. A majority of the Committee may designate advisory members to serve on terms as determined by the Committee in its sole discretion. There shall be no requirement for advisory members, or limit to the number of advisory members, and they may be replaced or their terms terminated, singularly or multiply, at any time by a majority of the Committee.

C-2 PROCEDURE. The Committee’s approval or disapproval as required in these covenants shall be in writing. In the event the Committee, or its designated representative fails to approve or disapprove with thirty (30) days after plans and specifications showing all aspects of the planned improvements have been submitted to them, it shall be deemed that the plans are not approved. A purchase of any lot within the Subdivision does not grant any implied guarantee of approval by the Architectural Control Committee of the proposed improvement to be located thereon. The Committee may request additional plans or other information prior to approving or disapproving the proposed improvements. No building or structure shall be erected which violates any of the covenants herein contained and until written approval is received from the Architectural Control Committee the Committee shall have the right to disapprove any proposed improvement which is not suitable or desirable in the Committee’s opinion for aesthetic or other reasons. All plans and specifications shall be submitted to Pratt Partnership at 1960 Industrial Circle, Longmont, Colorado 80501.

C-3 NONLIABILITY FOR COMMITTEE ACTION. No member of the Committee or the Declarant shall be liable for any loss, damage or injury arising out of or in any way connected with the performance of the duties of the Committee unless it be due to the willful misconduct or bad faith of the party to be held liable. In reviewing any matter, the Committee shall not be responsible for reviewing, nor shall its approval of an improvement to the property be deemed approval of the improvement to the property from the standpoint of safety, whether structural or otherwise, or being in conformance with building codes or other governmental laws or regulations.


PART D - GENERAL PROVISIONS

D-1 TERM. These covenants shall be construed as restrictive covenants running with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-five (25) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by seventy-five percent (75%) of the owners of the lots in the Summit has been recorded agreeing to change said covenants in whole or in part.

D-2 ENFORCEMENT. The owner or owners of any of the above described real property may enforce the restrictions and limitations herein set forth by proceedings at law or in equity against any person or persons violating or attempting to violate any of the said restrictions and limitations, either to recover damages for such violation or attempted violation or to restrain such violation or attempted violation.

D-3 SEVERABILITY. Invalidation of any one or more of these covenants by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect.

D-4 AMENDMENTS. These Protective and Restrictive Covenants may be amended, by written recorded instrument, by the Declarant until such time as it first sells all lots within the Subdivision. Thereafter, the Protective and Restrictive Covenants may be amended by an instrument signed by the record owners of seventy-five percent (75%) of the Lots within the Subdivision.

PART E - ATTEST

IN WITNESS WHEREOF, The Declarant has caused these covenants to be executed the day and year first above written.

LONGMONT SUMMIT CO. ATTEST:
Limited Liability Company
Signature on Original Document Susan M. Pratt, Manager

Signature on Original Document
Kenneth E. Pratt, Manager


STATE OF COLORADO

COUNTY OF BOULDER

The foregoing instrument was subscribed and sworn to before me this 1st day of April, 1993, by Kenneth E. Pratt as Manager of LONGMONT SUMMIT CO. Limited Liability Company.

My commission expires: 7 May 1993
Witness my hand and official seal Patti McBride
Signature on Original Document
Notary Public
Official Notary Public Seal on Original Document 1960 Industrial Circle
Longmont, Colorado

AMENDMENTS TO THE COVENANTS

Effective June 1st, 1999 the Architectural Control Committee consisting of Susan M. Pratt and Don Hotdstetter of the Pratt Management Group resigned from the Archictetural Control Committee thus turning over control of the neighborhood to the property owners with the right to elect a new Architectural Control Committe.

The Summit Neighborhood Association voted to elect a new committe prior to the August 17, 1999 Annual Meeting. The new Architectural Control Committee consists of two members - Patrick Clancy of Brown Court and Scott Beattie of Radcliffe Place. There is currently one vacant position on the committee. Effective June 1st, 1999 all Architectural Control Committee issues must be presented to Patrick Clancy and then to Scott Beattie.

CURRENT ELECTED OFFICIALS

CURRENT YEAR INFORMATION (2000/2001)

The Annual Meeting of The Summit was held on Wednesday October 18, 2001 - Westview Middle School 7:30 - 9:00 PM. The following officials were appointed by majority vote for the upcoming year:

President: Alison Miester
Vice President: Luke Williams
Secretary: Shari Karmen
Treasurer: Scott Beattie

NGLA Representative: Alison Miester
NGLA Alternate: Linda Bryan

Architectural Control Committee:
Stan Michalski
Scott Beattie
Anthony Grimaldi

These appointments are effective Midnight October 18, 2001 and terminate Midnight of the next Annual Meeting - October 2002.

ABOUT THE ARCHITECTURAL CONTROL COMMITTEE

AMENDMENTS TO THE COVENANTS

Effective June 1st, 1999 the Architectural Control Committee consisting of Susan M. Pratt and Don Hotdstetter of the Pratt Management Group resigned from the Archictetural Control Committee thus turning over control of the neighborhood to the property owners with the right to elect a new Architectural Control Committe.

The committee members are:

Patrick Clancy
Scott Beattie
Anthony Grimaldi