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HomeMy WebLinkAbout1.0 Articles of Incorporation of Sierra Bluffs, Filing 2 HOA• ART I CLE S OF 1 NC ORT)ORAT I ON "77,1x7-7 [ 4�I NOV 2 1996 w CO ,7y SIERRA BLUFFS FILING NO _ 2 HOMEOWNERS ASSOCIATION The undersigned natural person, being more than twenty- one (21) years of age, acting as incorporator, hereby establishes a non-profit corporation under and by virtue of the Colorado Non - Profit Corporation Act, and adopts the following Articlgrs_Off,. Incorporation. 1L 14.1 .r-+ ! i '•J: _ ^- E ART 1 CL E 1 NAM The name of the corporation is the SIERRA BLUFFS FILING NO. 2 HOMEOWNERS ASSOCIATION, INC. M9' 1 CLE 1 -.DE EXISTENCE The corporation shall have perpetual existence. ARTICLE PURPOSES The nature, objects and purposes for which the corporation is organized are as follows: 1. To manaae, protect, operate and maintain easemenLs and roads serving the Sierra Bluffs Filing No. 2 Subdivision in Garfield County, Colorado, subject to such annual or special assessments or charges as may be required for the operation, maintenance or improvement of said easements and roads. 2. To adopt, administer and enforce Protective Covenants, including architectural control, for the architecture and appearance of the development of Sierra Bluffs Filing No. 2 Subdivision, for the benefit of its respective members on a cooperative basis. 3. To have and exercise, generally, all powers and to do and perform all the acts, which shall or may be necessary or proper to carry out and put into effect the purposes for which the corporation is formed and as provided by law; provided, however, that the enumeration in these Articles of Incorporation of specific powers shall not be construed to limit or restrict in any manner • • whatsoever the general powers conferred upon non-profit corporations under the laws of the State of Colorado. 4. To have and exercise, generally, all purposes and powers set forth for a unit owners association under the Colorado Common Interest Ownership Act. 5. Notwithstanding the foregoing stated purposes, the corporation is organized exclusively for purposes of holding and maintaining mutually owned and used common areas, open spaces, easements and road and enforcing Protective Covenants on a cooperative basis whereby at least eighty-five percent (85%) of its income shall be derived from assessments to members for the sole purpose of meeting expenses or losses, and in full compliance with the requirements of Sections 501(c)(4) and (12) of the Internal Revenue Code of 1986. Ag2111 E IV FINANCES 1. No part of the income or net earnings of the corporation shall inure to the benefit of, or be distributable to, any member, director or officer of the corporation or any other private individual (except that reasonable compensation may be paid for services actually rendered to or for the corporation, and any officer, director, agent or employee, or any other person or corporation may be reimbursed for expenses advanced or incurred for the corporation's benefit, upon authorization of the Board of Directors); provided further, that no member, director or officer of the corporation, nor any other private individual, shall be entitled to share in any distribution of any of the corporate assets on dissolution of the corporation, or otherwise, except as set forth in Paragraph 3 of this Article and Article V. No substantial part of the activities of the corporation shall consist of carrying on propaganda or otherwise attempting to influence legislation. The corporation shall not participate or intervene in any political campaign on behalf of any candidate for public office. 2. No part of the assets of the corporation shall inure to the benefit of, or be distributable to, any organization whose income or net earnings, or any part thereof, might inure to the benefit of any private shareholder or other individual, or any organization, the substantial part of the activities of which consists of carrying on propaganda or otherwise attempting to influence legislation. 3. Upon dissolution of the corporation, all of its assets remaining after payment of liabilities shall be paid over and transferred to one or more exempt organization as are qualified 2 • 1 for exemption from Federal income taxes under Section 501(c)(4) and (12) of the Internal Revenue Code. The proceedings for dissolution shall be conducted in accordance with Article 26, Title 7, C.R.S., as amended. 4. Notwithstanding any other provision hereof, this corporation shall not conduct or carry on any activities not permitted to be conducted or carried on, nor receive any income which is prohibited by an organization which is exempt from taxation under the provisions of Section 501(c)(4) and (12) of the Internal Revenue Code of 1986, as amended. AR '1 1.E V MEMBERSHIP BERSHIR 1. There shall be one class of membership, as follows: A. Members of the corporation shall be the owner or owners of any lots located within Sierra Bluffs Filing No. 2 Subdivision, Garfield County, Colorado, as shown on the plat thereof recorded in the office of the Clerk and Recorder of said County. 2. Each member shall be entitled to vote, either in person or by proxy, for each lot registered in his or her name on the books of the corporation, and in the election of directors, each such voting member shall have the right to vote such number of lots for as many persons as there are directors to be elected. 3. At all meetings of the shareholders of a majority of the ownerships entitled to vote at such meeting, represented in person or by proxy, shall constitute a quorum. 4. Each membership, for all purposes of assessments required to carry out the purposes of the corporation, and of any lien therefor or enforcement thereof, shall be construed as a proportionate right, title and interest in and to all real property and other assets owned by the corporation, and as being appurtenant to the real estate owned by each member. ART I CLE V I ASSESSMENTS 1. All assessments made by the Board of Directors under the authority of these Articles of Incorporation shall be and become a lien against the respective represented memberships subject to such assessments, and the real estate to which the same become appurtenant, and until the same shall have been paid, any 3 • 1 such lien shall be and remain a lien against such membership and real estate. The manner of enforcing any such lien shall be set forth in the bylaws of the corporation and a recorded copy of these Articles of Incorporation, the appropriate bylaw, or any memorandum thereof, shall constitute notice of any such assessment lien, which shall become effective as of the date the same shall have been made by appropriate action of the Board of Directors. ART =CLE V Z REGISTERED AGENT The address of the initial registered office of the corporation is 0822 Alta Mesa Road, Silt, Colorado 81652. The name of its initial registered agent at such address is DENNIS WAYNE COOLEY. The business and affairs of such corporation shall be conducted and carried on within the State of Colorado. The principal office of the corporation shall be located at 0822 Alta Mesa Road, Silt, CO 81652. AF P CLQ vI11 DIRECTORS The number of directors constituting the initial Board of Directors of the corporation is two and the names and addresses of the persons who are to serve as directors until the first annual meeting of shareholders, or until their successors shall have been duly elected and qualified, are as follows, to wit: Dennis Wayne Cooley 0822 Alta Mesa Road Silt, CO 81652 Wanda Cooley 0822 Alta Mesa Road Silt, CO 81652 ART = CLE 31:3‹ INCORPORATOR The name and address of the incorporator is: Dennis Wayne Cooley 0822 Alta Mesa Road Silt, CO 81652 4 • • ARTrc OWNER OF LOTS In furtherance of, and not in limitation or exclusion of, the powers conferred by law, the corporation shall be entitled to treat the record owner of any lot in the Sierra Bluffs Filing No. 2 Subdivision as the owner thereof for all purposes, including all rights deriving from such ownership, and shall not be bound to recognize any equitable or other claim to, or interest in, such lots or rights deriving from such lots, on the part of any other person including, but without limiting the generality hereof, a purchaser, assignee or transferee of such lots or rights deriving from such lots unless and until such purchaser, assignee, transferee or other person becomes the record owner of such lots, whether or not the corporation shall have either actual or constructive notice of the interest of such purchaser, assignee, transferee or other person. The purchaser, assignee or transferee of any of lot in the Sierra Bluffs Filing No. 2 Subdivision shall not be entitled to receive notice of the meetings of the members, or to own, enjoy and exercise any other property or rights deriving from such ownership against the corporation until such purchaser, assignee or transferee has become the record owner of such lots. AR'I'ICZ._. X1 BYLAWS The Board of Directors shall adopt, and may amend from time to time, bylaws not inconsistent with these Articles. DATED this 54- day of , 1996. INCORPORATOR: f 1_ . s DENNIS WAYNE/ COOLEY STATE OF COLORADO ss. COUNTY OF GARFIELD 1,`l � I� %ee , a Notary Public in the County an� State aforesaid, do hereby certify that, Dennis Wayne Cooley, who is personally known to me to be the person whose name is subscribed to the foregoing Articles of Incorporation, appeared before me this day in person and swore upon oath to the truth of the facts therein stated and acknowledged that 5 • 1 he signed and delivered said instrument of writing as his free and voluntary act. Given under my hand and official seal this C day of , 1996. My commission expires: '/No'ary Public THE UNDERSIGNED CONSENTS TO THE APPOINTMENT AS_, THE INITIAL REGISTERED AGENT OF SIERRA BLUFFS FILING NO'. 2 HOMEOWNERS ASSOCIATION, INC. .7 Dennis Wayne Cooley 6 • • DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR SIERRA BLUFFS FILING NO. 2 SUBDIVISION DENNIS WAYNE COOLEY and WANDA COOLEY (collectively "Declarant"), as owners of certain real property in the County of Garfield, State of Colorado, known as the Siena Bluffs Filing No. 2 Subdivision ("Sierra Bluffs") depicted on the plat of same recorded on , 1996, as Reception No. in the records of the Clerk and Recorder of Garfield County, Colorado (the "Plat"), and described as follows: A parcel of land situated in Section 22, Township 6 South, Range 92 West of the Sixth P.M., County of Garfield, State of Colorado, said parcel being more particularly described as follows: Lot 11, Sierra Vista Ranch According to Plat Filed as Reception No. 302518 (the "Property"). Declarant desires to create a Planned Community Common Interest Community, to be known as Sierra Bluffs Filing No. 2 Subdivision, in which certain common property will be owned by the Sierra Bluffs Filing No. 2 Homeowners Association, a Colorado nonprofit corporation, its successors and assigns (the "Association"). Declarant makes the following declarations: ARTICLE I STATEMENT OF PURPOSE AND IMPOSITION OF COVENANTS 1.1 Imposition of Covenants. Declarant hereby makes, declares and establishes the following covenants, conditions, restrictions, and easements ("Covenants") which shall affect all of the Property. From this day forward, the Property shall be held, sold and conveyed subject to these Covenants. These Covenants shall run with the land and shall be binding upon all persons or entities having any right, title, or interest in all or any part of the Property, including Declarant, and their heirs, successors, assigns, tenants, guests and invitees. These Covenants shall inure to and are imposed for the benefit of all Lot Owners of parcels of land located within the Property. These Covenants create specific rights and privileges which may be shared and enjoyed by all owners and occupants of any part of the Property. Declarant hereby submits the Sierra Bluffs Filing No. 2 Subdivision to the provisions of the Colorado Common Interest Ownership Act, Sections 38-33.3-101, et seq., Colorado Revised Statutes, as it may be amended from time to time (the "Act"). In the event the Act is repealed, the Act, on the effective date of this Declaration, shall remain applicable. 1.2 Declarant's Intent. Declarant desires to ensure the attractiveness of individual Lots and improvements to be made within the Property, to prevent any future impairment of the Property, and to preserve, protect, and enhance the values and amenities of the Property. It is • • the intent of Declarant to guard against the construction on the Property of Improvements built of improper or unsuitable materials or with improper quality or methods of construction. Declarant intends to encourage the construction of attractive, permanent Improvements of advanced technological, architectural, and engineering design, appropriately located to preserve the harmonious development of the Property. ARTICLE II DEFINITIONS Each capitalized term not otherwise defined in this Declaration or in the Map shall have the meanings specified or used in the Act. The following terms, as used in this Declaration, are defined as follows: 2.1 "Design Guidelines" shall mean the rules and regulations adopted by the Association in conformance with and pursuant to this Declaration to maintain the quality and architectural harmony of Improvements in the Sierra Bluffs Filing No. 2 Subdivision. 2.2 "Improvements" shall mean all buildings, parking areas, loading areas, fences, walls, hedges, plants, poles, antennae, driveways, signs, changes in any exterior color or shape, excavation and all other site work, including, without limitation, grading, roads, utility improvements, removal of trees or plants. "Improvements" do not include turf, shrub or tree repair or replacement of a magnitude which does not change exterior colors or exterior appearances. 2.3 "Lot" shall mean any lot shown on the Plat of Sierra Bluffs Filing No. 2 Subdivision which may be conveyed in conformance with the laws of the State of Colorado. For purposes of conforming the terms and provisions of this Declaration to the terms and provisions of the Act, the term "Lot" shall be analogous to the term "Unit" as that term is defined in the Act. 2.4 "Lot Owner" shall mean an owner of a Lot shown on the Plat of Sierra Bluffs Filing No. 2 Subdivision. For purposes of conforming the terms and provisions of this Declaration to the terms and provisions of the Act, the term "Lot Owner" shall be analogous to the term "Unit Owner" as that term is defined in the Act. ARTICLE III DESCRIPTION OF COMMON INTEREST COMMUNITY 3.1 Units. The maximum number of Lots in Sierra Bluffs Filing No. 2 is four (4) single family Lots. 3.2 Common Elements. The Common Elements include: 2 • (a) All underground water and water rights appurtenant to the Property, including the water system and rights specified in the Water System Sharing Agreement dated , which rights have been assigned to the Homeowners Association. (b) All access and utility easements depicted on the map of Sierra Bluffs Filing No. 2 and other easements depicted on said map or described below, all of which are designated by this Declaration for the common use and enjoyment of Lot Owners and their families, tenants, guests and invitees and not for the public. The Association, subject to the rights and obligations of the Lot Owners set forth in this Declaration, shall be responsible for the management and control of the Common Elements. 3.3 Allocated Interests. The undivided interest in the Common Elements, the Common Expense liability and votes in the Association allocated to each Lot Owner shall be allocated to each Lot and calculated as follows: (a) the undivided interest in Common Elements, on the basis of an equal interest for each Lot; (b) the percentage of liability for Common Expenses, on the basis of equal liability for each Lot; and (c) the number of votes in the Association, 011 the basis of one vote per Lot. 3.4 Conveyance of Water Rights. By separate instruments, Declarant shall transfer to the Association all water and water rights appurtenant to the Property described in Section 3.2 above. Such water and water rights shall be held by the Association in trust for the use and benefit of the Lot Owners and shall not be sold, leased, conveyed or encumbered by the Association. 3.5 Water Systems Operation. The domestic potable water system, including all pumps, main distribution lines and facilities, will be owned, operated and maintained by the Association. All charges for operations shall be initially paid by the Association and charged as a Common Expense to the Lot Owners. Each Lot Owner and the Executive Board shall cooperate with the applicable public health and other governmental officials to comply with all laws and regulations governing the use of such systems and rights. Each Lot Owner will own and be responsible for all costs, expenses and liabilities from such Owner's points of connection to the Association's distribution lines. Each Lot Owner shall be responsible for the operation and maintenance of a curb stop valve and a totalizing flow meter for the water lines servicing such Lot Owner's Lot. Each Lot Owner shall adhere to the terms of any water rights decrees and permits affecting water service on the Property. The Association shall have the right upon reasonable notice to shut off or curtail diversions for the purpose of administration and operation of any applicable law. The Association, through its agents, shall have full and free access at all reasonable hours to read meters, examine water pipes and fixtures, determine water usage and take other necessary actions to assure compliance with the rules of the Association. In the event 3 • • of emergency, based on good faith determination by the Association, reasonable notice shall not be required, if impractical. The Association shall establish charges for water usage based on metered consumption such that the water systems will be independently supported with adequate reserves for capital replacement. 3.6 Road Access. The primary roadway easements and rights of way depicted on the Plat for access to Sierra Bluffs Filing No. 2 shall be conveyed to the Association by Declarant. The Association shall be responsible for the maintenance of said road. Such maintenance will include periodic maintenance of the surface and regular snow, ice, and trash removal. The Association will not be responsible for maintenance of private drives located on any Lot. The Executive Board shall cooperate with the applicable traffic and fire control officials, and shall post the road with required traffic control, fire lane, and parking regulation signs. Costs of the maintenance of the roadway shall be borne equally by the Lot Owners regardless of the length of road serving a particular lot. 3.? Recorded Easements. The Property, and all portions thereof, shall be subject to all easements shown on the recorded Plat affecting the Property, or any portion thereof, and to any other easements of record or of use as of the date of recordation of the Declaration. 3.8 Utility Easements. Declarant reserves to Declarant and hereby grants to the Association a general non-exclusive easement upon, across, over, in, and under the utility easements as depicted on the Plat for ingress and egress and for installation, replacement, repair and maintenance of all utilities, including, but not limited to, domestic water, sewer, gas, telephone and electrical systems. By virtue of this Easement, it shall be expressly permissible and proper for the companies providing electrical, telephone and other communication services to install and maintain necessary electrical, communications, and telephone wires, circuits and conduits in the easement. No water, sewer, gas, telephone, electrical, or communications lines, systems, or facilities may be installed or relocated on the surface of the Property, except for necessary surface facilities. Such utilities temporarily may be installed above ground during construction, if approved by the Declarant or the Association. Any utility company using this general easement shall use its best efforts to install and maintain the utilities provided for without disturbing the uses of the Lot Owners, the Association, and Declarant; shall prosecute its installation and maintenance activities as promptly and expeditiously as reasonably possible; and shall restore the surface to its original condition as soon as possible after completion of its work. Should any utility company furnishing a service covered by this general easement request a specific easement by separate recordable document, either Declarant or the Association shall have, and are hereby given, the right and authority to grant such easement upon, across, over or under any part of all of the Property without conflicting with the terms of this Declaration. This general easement shall in no way affect, avoid, extinguish, or modify any other recorded Easement on the Property. All service connections to (including transformers) primary utility lines serving each Lot shall be the responsibility of the Lot Owner. 4 • • 3.9 Emergency Access Easement. A general easement is hereby granted to all law enforcement, fire protection, ambulance, and all other similar emergency agencies or persons to enter upon the Property in the proper performance of their duties. 3.10 Maintenance Fasement. An easement is hereby reserved to Declarant, and granted to the Association, its officers, agents and employees, successors and assigns, upon, across, over, in and under the Property and a right to make such use of the Property as may be necessary or appropriate to make emergency repairs or to perform the duties and functions which the Association is obligated or permitted to perform, including without limitation, any actions in respect to the water distribution systems and individual sewage disposal systems (ISDS). 3.11 Easements Deemed Created. All conveyances of any part of the Property made after the date of this Declaration, whether by Declarant or otherwise, shall be construed to grant and reserve the easements contained in this Article III, even though no specific reference to such easements or to this Declaration appears in the instrument for such conveyance. ARTICLE IV THE ASSOCIATION 4.1 Membership. Every person, by virtue of being a Lot Owner and while such person is a Lot Owner, shall be a member of the Association. Membership shall be appurtenant to and may not be separated from Ownership of any Lot. No Lot Owner, whether one or more persons, shall have more than one membership per Lot owned, but all of the persons owning each Lot shall be entitled to rights of membership and use and enjoyment appurtenant to such Ownership. 4.2 Authority. The business affairs of Sierra Bluffs Filing No. 2 shall be managed by the Sierra Bluffs Filing No. 2 Homeowners Association, a Colorado nonprofit corporation. 4.3 Powers. The Association shall have all of the powers and authority permitted under the Act necessary and proper to manage the business and affairs of Sierra Bluffs Filing No. 2. 4.4 Declarant Control. The Declarant shall have all the bowers reserved in Section 38-33.3-303(5) of the Act to appoint and remove officers and members of the Executive Board. ARTICLE V COVENANTS FOR COMMON EXPENSE ASSESSMENTS 5.1 Creation of Association Lien and Personal Obligation to Pay Common Expense Assessments. Declarant, for each Lot, hereby covenants, and each Lot Owner of any Lot, by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed, are deemed to covenant and agree to pay to the Association annual Common Expense Assessments. Such assessments, including fees, charges, late charges, attorneys fees, fines and interest charged 5 lb • by the Association shall be the personal obligation of the Lot Owner at the time when the assessment or other charges became or fell due. Two or more Lot Owners of a Lot shall be joint and severally liable for such obligations. The personal obligation to pay any past due sums due the Association shall not pass to a successor in title unless expressly assumed by them. The Common Expense Assessments of the Association shall be a continuing lien upon the Lot against which each such assessment is made. A lien under this Section is prior to all other liens and encumbrances on a Lot except: (a) liens and encumbrances recorded before the recordation of the Declaration; (b) a first lien security interest on the Lot recorded before the date on which the Common Expense Assessment sought to be enforced became delinquent; and (c) liens for real estate taxes and other governmental assessments or charges against the Lot. This Section does not prohibit an action to recover sums for which this Section creates a lien or prohibit the Association from taking a deed in lieu of foreclosure. Sale or transfer of any Lot shall not affect the Association's lien except that sale or transfer of any Lot pursuant to foreclosure of any first lien Security Interest, or any proceeding in lieu thereof, including deed in lieu of foreclosure, or cancellation or forfeiture shall only extinguish the Association's lien as provided in the Act. No such sale, transfer, foreclosure, nor cancellation or forfeiture shall relieve any Lot Owner from continuing liability for any Common Expense Assessments thereafter becoming due, nor from the lien thereof. 5.2 Apportionment of Common Expenses. Common Expenses shall be allocated and assessed against Lots based on an equal share for each lot. 5.3 Purpose of Assessments. Assessments levied by the Association shall be used exclusively to promote the health, safety and welfare of the residents of Sierra Bluffs Filing No. 2 and for the improvement and maintenance of the Common Elements, including, but not limited to: taxes and insurance on the Common Elements, reserve accounts, the cost of labor, equipment, materials, management and supervision, the salary or fee of any manager, utilities, transportation, professional fees and other customary charges. 5.4 Annual Assessment/Commencement of Common Expense Assessments. Common Expense Assessments shall be made on an annual basis against all Lots and shall be based upon the Association's advance budget of the cash requirements needed by it to provide for the administration and performance of its duties during such assessment year. Common Expense Assessments shall be payable in monthly installments and shall begin on the first day of the month in which conveyance of the first Lot to a Lot Owner other than the Declarant occurs. 5.5 Effect of Non -Payment of Assessments. Any assessment, charge or fee provided for in this Declaration, or any monthly or other installment thereof, which is not fully paid within ten (10) days after the due date thereof, shall bear interest at the rate as determined by the Executive Board. A late charge of up to five percent (5%) of each past due installment may also be assessed thereon. Further, the Association may bring an action at law or in equity, or both, against any Lot Owner personally obligated to pay such overdue assessments, charges or fees, or monthly or other installments thereof, and may also proceed to foreclose its lien against such Lot Owner's Lot. An action at law or in equity by the Association against a Lot Owner to 6 • • recover a money judgment for unpaid assessments, charges or fees, or monthly or other installments thereof, may be commenced and pursued by the Association without foreclosing, or in any way waiving, the Association's lien. 5.6 Working Fund. The Association or Declarant shall require the first Lot Owner of each Lot (other than Declarant) to make a nonrefundable payment to the Association in an amount equal to one-sixth of the annual Common Expense Assessment against that Lot in effect at the closing thereof, which sum shall be held, without interest, by the Association as a "working fund." The working fund shall be collected and transferred to the Association at the time of closing of each sale by Declarant of each Lot and shall be maintained for the use and benefit of the Association. Such payment shall not relieve a Lot Owner from making regular payments of the assessments when due. Upon the transfer of a Lot, a Lot Owner of same shall be entitled to a credit from the transferee for any unused portion of the working fund. ARTICLE VI CONSTRUCTION AND ALTERATION OF IMPROVEMENTS 6.1 General. The provisions set forth in these Covenants shall govern the right of a Lot Owner to construct, reconstruct, refinish, alter or maintain any Improvement upon, under or above any of Sierra Bluffs Filing No. 2, and to make or create any excavation or fill on Sierra Bluffs Filing No. 2, or make any change in the natural or existing surface contour or drainage, or install any utility line or conduit on or over Sierra Bluffs Filing No. 2. 6.2 Fireplaces and Stoves. In order to protect against air quality degradation from the utilization of solid fuel burning devices, no open hearth solid fuel fireplaces shall be allowed. There shall be no restrictions on the number of natural gas burning fireplaces or applications. Each dwelling unit will be allowed one (1) new wood -burning stove as defined by C.R.S. 25-7- 401, et seq., and the regulations promulgated thereunder. 6.3 Fences. No perimeter fencing shall be allowed and all fencing shall conform to the standards of the Colorado Department of Wildlife as recommended at the time of construction. 6.4 Wildfire Prevention. The recommendations of the Colorado State Forester wildfire prevention guidelines, specified by the pamphlet "Wildfire Protection in the Wildland Urban Interface" prepared by the Colorado State Forest Service (C.S.F.S. #143-691) shall be followed in the construction of all structures. ARTICLE VII PROPERTY USE RESTRICTIONS 7.1 General Restriction. The Property shall be used only for residential purposes as set forth in these Covenants as the same may be amended from time to time, as permitted by the 7 applicable regulations of the County of Garfield and the laws of the State of Colorado and the United States, or other specific recorded covenants affecting all or any part of the Property. 7.2 Number of Dwellings. There shall be only one single dwelling allowed on each lot. 7.3 Subdivision of Lots. No Lot may be subdivided. 7.4 Outside Irrigation. No Lot shall have more than 2,500 square feet in outside irrigation. 7.5 Erosion and Vegetation Control. The surface of the Property, including all Lots, shall be maintained in a condition which will minimize the risk of soil erosion and weed infestation. All excavations, fills and other construction which disturb the existing vegetation shall be revegetated with weed free seed and mulch. Any disturbed area on a Lot shall be fully restored by the Lot Owner and, upon failure to do so, the Association may take such remedial action as is necessary to accomplish such restoration and shall charge the cost of same to the responsible Lot Owner as an Assessment under Section 5.1 above. 7.6 Hunting and Firearms. Firearms shall not be discharged on the Property and no hunting with firearms shall be allowed. 7.7 Dogs. Only one (1) dog shall be allowed per lot, provided: (a) Each dog shall be kept under the control of the Lot Owner at all times and shall not be permitted to run free or to cause a nuisance on the Property. (b) No dog shall be allowed to bark excessively, which is defined as barking more or less continuously during any 15 -minute period. (c) Each dog shall be leashed or kept in a humane kennel or run at all times. Metal chain link fencing will be allowed for the purposes of kenneling a dog. The location and style of each kennel shall be subject to review by the Design Review Committee. A kennel shall be installed prior to issuance of a Certificate of Occupancy for any Lot if the Lot Owner possesses a dog at such time and, in any event, prior to the introduction of a dog on any Lot. (d) All Lot Owners shall keep dogs reasonably clean and free of disease and all Lots shall be kept free of animal waste. (e) Should any dog chase or molest deer, elk, poultry or any domestic animals or persons, or destroy or disturb property of another, the Association may prohibit the Lot Owner from continuing to keep the offending dog on such Owner's Lot. If necessary, to protect wildlife or other Owners' domestic animals, persons or property, the Association may take additional steps, including the destruction of the offending dog. Except in an emergency or as provided by • • law, the Owner of an offending dog shall be provided written notice of such action at least five (5) days before disposal occurs. Such notice shall be posted on the front door of the residence of the Owner of the offending dog. Within such five (5) day period, the offending dog may be kenneled at a licensed kennel with all costs incurred by the Association assessed against the Owner. 7.8 Drainage. No Lot Owner shall do or permit any work, construct any Improvements, place any landscaping or suffer the existence of any condition whatsoever which shall cause any discharge onto any adjacent property, except to the extent such alteration and drainage pattern is approved in writing by the Association and any affected property owner. 7.9 Sanitation. No trash, ashes, garbage, rubbish, debris or other refuse shall be thrown, dumped or allowed to accumulate on the Property. There shall be no burning of refuse. Each Lot Owner shall provide suitable receptacles for the temporary storage and collection of refuse. All such receptacles shall be screened from the public view and protected from wind, animals and other disturbances. Each Lot shall be kept in a reasonably sanitary condition, free of offensive odors and protected from rodent and insect infestations. 7.10 Obstructions. There shall be no obstruction or interference with the free use of the roadway, water system or any easement, except as may be reasonably required for repairs. The Association shall promptly take such action as may be necessary to abate or enjoin any interference with or obstruction of any easement. The Association shall have a right of entry on any part of the Property for the purposes of enforcing this Section. Any costs incurred by the Association in connection with such enforcement shall be assessed to the persons responsible for the interference. 7.11 Compliance With Laws. Subject to the rights of reasonable contest, each Lot Owner shall promptly comply with the provisions of all applicable laws, regulations and ordinances with respect to Sierra Bluffs Filing No. 2 including, without limitation, all applicable environmental laws and regulations. ARTICLE VIII MAINTENANCE 8.1 Association's Maintenance Responsibility. The Association shall maintain and keep the Common Elements in good condition and repair, the cost of which shall be included as part of the Common Expenses, subject to the Bylaws and Association Rules. If, due to the act or neglect of a Lot Owner or a Lot Owner's invitee, guest or any other occupant of a Lot, damage shall be caused to the Common Elements or to a Lot owned by another, then such Lot Owner shall pay the costs of repairs and replacement as may be determined necessary or appropriate by the Association. Such obligation shall be an assessment against such Lot Owner secured by the lien provided for in Section 5.1 above. 9 • • 8.2 Unit Owner's Maintenance Responsibility. Except as provided otherwise in the Declaration or by written agreement with the Association, all maintenance of individual Lots, including without limitation, all Improvements, individual sewage disposal systems (ISDS), utility systems and utility lines from the point of connection to the common system shall be the sole responsibility of the respective Lot Owners. Each Lot shall be maintained in good, clean and attractive condition and repair consistent with the requirements of a first class residential development.' In the event a Lot Owner should fail to keep any utility system (including any ISDS) in good repair, the Association, without limiting any other remedy available under this Declaration or applicable law, may enter upon said Lot for the purpose of inspecting such utility system and, if the Lot Owner refuses to make necessary repairs, the Association may do so and the costs of such repairs shall be charged to the Lot Owner and collected pursuant to Article V of this Declaration. Not less than biennially, each Lot Owner shall provide the Association evidence of an inspection and necessary pumping of such Lot Owner's ISDS. ARTICLE IX INSURANCE 9.1 Association's Insurance Responsibility. The Association shall maintain all insurance coverage required by the provisions of C.R.S. 38-33.3-101, et seq., as the same may be amended from time to time, together with such other insurance as the Executive Board of the Association shall deem advisable. 9.2 Unit Owner's Insurance Responsibility. Each Lot Owner shall maintain all insurance coverage for such Owner's Lot as deemed appropriate by such Lot Owner. In addition, each Lot Owner shall be responsible for insuring all personal property on the Lot, as well as general liability insurance and any other insurance coverage deemed appropriate by such Lot Owner. ARTICLE X DEVELOPMENT RIGHTS AND OTHER SPECIAL DECLARANT RIGHTS 10.1 Development Rights and Special Declarant Rights. The Declarant reserves the following Development Rights and other Special Declarant Rights for the maximum time limit allowed by law: Sierra Bluffs; (a) The right to complete or make improvements indicated on the Plat; (b) The right to maintain sales and management offices; (c) The right to maintain signs on the Property to advertise the sale of Lots in 10 • • (d) The right to use, and to permit others to use, easements on the Property as may be reasonably necessary for the purpose of discharging Declarant's obligations under the Act and this Declaration; and (e) The right to appoint or remove any officer of the Association or any Director during the Declarant control period consistent with the Act. 10.2 Limitations on Development Rights and Special Declarant Rights. Unless sooner terminated by a recorded instrument signed by Declarant, any Development Right or Special Declarant Right may be exercised by the Declarant for the period of time specified in the Act. ARTICLE XI ENFORCEMENT OF COVENANTS 11.1 Violation Deemed a Nuisance. Every violation of this Declaration is deemed to be a nuisance and is subject to all the remedies provided for the abatement of the violation. In addition, all public and private remedies allowed at law or equity against anyone in violation of these Covenants shall be available. 11.2 Compliance. Each Lot Owner and any other occupant of any part of the Property shall comply with the provisions of these Covenants as the same may be amended from time to time. Failure to comply with these Covenants shall be grounds for an action to recover damages or for injunctive relief to cause any such violation to be remedied, or both. 11.3 Who May Enforce. Any action to enforce these Covenants may be brought by the Declarant or the Executive Board in the name of the Association on behalf of the Lot Owners. If, after a written request from an aggrieved Lot Owner, neither of the foregoing entities commence an action to enforce these Covenants, then the aggrieved Lot Owner may bring such an action. 11.4 Nonexclusive Remedies. All the remedies set forth herein are cumulative and not exclusive. 11.5 Nonliability. No member of the Executive Board, the Declarant, the Association or any Lot Owner shall be liable to any other Lot Owner for the failure to enforce these Covenants at any time. 11.6 Recovery of Costs. If legal assistance is obtained to enforce any provision of these Covenants, or in any legal proceeding (whether or not suit is brought) for damages or for the enforcement of these Covenants or the restraint of violations of these Covenants, the prevailing party shall be entitled to recover all costs incurred, including reasonable attorney's fees. 11 • • ARTICLE XII MISCELLANEOUS PROVISIONS 12.1 Severability. This Declaration, to the extent possible, shall be construed or reformed to give validity to all of its provisions. Any provision of this Declaration found to be prohibited by law or unenforceable shall not invalidate any other provision. 12.2 Construction. In interpreting words in the Declaration unless the context shall otherwise provide or require, the singular shall include the plural, the plural shall include the singular, and the use of any gender shall include all genders. 12.3 Headings. The headings are included only for reference and shall not affect the meaning or interpretations of this Declaration. 12.4 Notice. All notices or requests required shall be in writing. Notice to any Lot Owner shall be considered delivered and effective upon personal delivery, or three (3) days after the posting when sent by certified mail, return receipt requested, to the address of the Lot Owner on file in the records of the Association at the time of the mailing. Notice to the Association or the Executive Board shall be considered delivered and effective upon personal delivery, or three (3) days after posting when sent by certified mail, return receipt requested, to the Association or the Executive Board at the address established by the Association from time to time by notice to the Lot Owners. General notices to all Lot Owners need not be certified, but may be sent by regular first class mail. 12.5 Waiver. No failure by the Association or the Executive Board to give notice of default or any delay in exercising any right or remedy shall operate as a waiver, except as specifically provided above. No waiver shall be effective unless it is in writing signed by the President or Vice President of the Executive Board on behalf of the Association. 12.6 Amendment and Mortgagee Requirements. Except as otherwise provided by the Act, unless at least fifty-one percent (51 %) of the First Mortgagees (based on one vote for each First Mortgage owned) and at least sixty-six percent (66%) of the Lot Owners have given their prior written approval, the Association shall not be entitled to amend provisions affecting the following: voting rights, assessments and assessment liens, reserves, maintenance and repair responsibilities, reallocation of interests in common elements, redefinition of Lot boundaries, convertability of Lots into Common Elements, expansion or contraction of Sierra Bluffs, insurance or fidelity bonds, leasing of Lots, restrictions on sales or transfers, decisions to self - manage, restoration or repair of Sierra Bluffs, termination after destruction or condemnation and benefits of mortgagees, insurers or guarantors. Unless a First Mortgagee provides the Secretary of the Association with written notice of its objection, if any, to any proposed amendment of action outlined above within thirty (30) days following the First Mortgagee's receipt of notice of such proposed amendment or action, the First Mortgagee will be deemed conclusive to have approved the proposed amendment or action. The term "Mortgage" shall include a Deed of Trust and the term "Mortgagee" shall include a beneficiary under a Deed of Trust. 12 • • 12.8 Term. This Declaration and any amendments or supplements hereto shall remain in effect from the date of recordation until December 31, 2025. Thereafter, these Covenants shall be automatically extended for five (5) successive periods of ten (10) years each, unless otherwise terminated or modified as provided herein or by the Act. IN WITNESS WHEREOF, the Declarant has executed this Declaration this 4l. day of J 0..0. , 1996. DECLARANT: ti/A" Dennis Wayne Cooley 6' STATE OF COLORADO ) ) ss County of Garfield ) Wanda Cooley The foregoing instrument was acknowledged before me this , 1996, by Dennis Wayne Cooley and Wanda Cooley. Witness my hand and official seal. ".! • :i. `/,i i.. ;moi —I day of Notary Public 13 • • AJczZ'3C�.�S OF' i3VTCO�2 012A`r1( T O� Th -%1A NI -0_ 2 I-301 3 ASSOC3 m3OW The undersigned natural person, being more than twenty- one (21) years of age, acting as incorporator, hereby establishes a non-profit corporation under and by virtue of the Colorado Non - Profit Corporation Act, and adopts the following Articles of Incorporation. NAME The name of the corporation is the SIERRA BLUFFS FILING NO. 2 HOMEOWNERS ASSOCIATION, INC. .A C IC = 3::E EXISTENCE The corporation shall have perpetual existence. AR r111c ] B I=3 PURPOSES The nature, objects and purposes for which the corporation is organized are as follows: 1. _To manage, protect, operate and maintain easements and roads serving the Sierra Bluffs Filing No. 2 Subdivision in Garfield County, Colorado, subject to such annual or special assessments or charges as may be required for the operation, maintenance or improvement of said easements and roads. 2. To adopt, administer and enforce Protective Covenants, including architectural control, for the architecture and appearance of the development of Sierra Bluffs Filing No. 2 Subdivision, for the benefit of its respective members on a cooperative basis. 3. To have and exercise, generally, all powers and to do and perform all the acts, which shall or may be necessary or proper to carry out and put into effect the purposes for which the corporation is formed and as provided by law; provided, however, that the enumeration in these Articles of Incorporation of specific powers shall not be construed to limit or restrict in any manner • • whatsoever the general powers conferred upon non-profit corporations under the laws of the State of Colorado. 4. To have and exercise, generally, all purposes and powers set forth for a unit owners association under the Colorado Common Interest Ownership Act. 5. Notwithstanding the foregoing stated purposes, the corporation is organized exclusively for purposes of holding and maintaining mutually owned and used common areas, open spaces, easements and road and enforcing Protective Covenants on a cooperative basis whereby at least eighty-five percent (85%) of its income shall be derived from assessments to members for the sole purpose of meeting expenses or losses, and in full compliance with the requirements of Sections 5 V 1 (c) (4) and (12 ) of the Internal Revenue Code of 1986. fir= J .F'' 1S„7 FINANCES 1. No part of the income or net earnings of the corporation shall inure to the benefit of, or be distributable to, any member, director or officer of the corporation or any other private individual (except that reasonable compensation may be paid for services actually rendered to or for the corporation, and any officer, director, agent or employee, or any other person or corporation may be reimbursed for expenses advanced or incurred for the corporation's benefit, upon authorization of the Board of Directors); provided further, that no member, director or officer of the corporation, nor any other private individual, shall be entitled to share in any distribution of any of the corporate assets on dissolution of the corporation, or otherwise, except as set forth in Paragraph 3 of this Article and Article V. No substantial part of the activities of the corporation shall consist of carrying on propaganda or otherwise attempting to influence legislation. The corporation shall not participate or intervene in any political campaign on behalf of any candidate for public office. 2. No part of the assets of the corporation shall inure to the benefit of, or be distributable to, any organization whose income or net earnings, or any part thereof, might inure to the benefit of any private shareholder or other individual, or any organization, the substantial part of the activities of which consists of carrying on propaganda or otherwise attempting to influence legislation. 3. Upon dissolution of the corporation, all of its assets remaining after payment of liabilities shall be paid over and transferred to one or more exempt organization as are qualified 2 • • for exemption from Federal income taxes under Section 501(c)(4) and (12) of the Internal Revenue Code. The proceedings for dissolution shall be conducted in accordance with Article 26, Title 7, C.R.S., as amended. 4. Notwithstanding any other provision hereof, this corporation shall not conduct or carry on any activities not permitted to be conducted or carried on, nor receive any income which is prohibited by an organization which is exempt from taxation under the provisions of Section 501(c)(4) and (12) of the Internal Revenue Code of 1986, as amended. ME� ERSHI 1. There shall be one class of membership, as follows: A. Members of the corporation shall be the owner or owners of any lots located within Sierra Bluffs Filing No. 2 Subdivision, Garfield County, Colorado, as shown on the plat thereof recorded in the office of the Clerk and Recorder of said County. 2. Each member shall be entitled to vote, either in person or by proxy, for each lot registered in his or her name on the books of the corporation, and in the election of directors, each such voting member shall have the right to vote such number of lots for as many persons as there are directors to be elected. 3. At all meetings of the shareholders of a majority of the ownerships entitled to vote at such meeting, represented in person or by proxy, shall constitute a quorum. 4. Each membership, for all purposes of assessments required to carry out the purposes of the corporation, and of any lien therefor or enforcement thereof, shall be construed as a proportionate right, title and interest in and to all real property and other assets owned by the corporation, and as being appurtenant to the real estate owned by each member. ASSESSMENTS 1. All assessments made by the Board of Directors under the authority of these Articles of Incorporation shall be and become a lien against the respective represented memberships subject to such assessments, and the real estate to which the same become appurtenant, and until the same shall have been paid, any 3 • • such lien shall be and remain a lien against such membership and real estate. The manner of enforcing any such lien shall be set forth in the bylaws of the corporation and a recorded copy of these Articles of Incorporation, the appropriate bylaw, or any memorandum thereof, shall constitute notice of any such assessment lien, which shall become effective as of the date the same shall have been made by appropriate action of the Board of Directors. REGISTERED AGENT The address of the initial registered office of the corporation is 0822 Alta Mesa Road, Silt, Colorado 8_652. T'e name of its initial registered agent at sac_"_ address i s DENNIS WANE COOLEY. The business and affairs of sucn corporation shall be conducted and carried on within the State of Colorado. The principal office of the corporation shall be located at 0822 Alta Mesa Road, Silt, CO 81652. DIRECTORS The number of directors constituting the initial Board of Directors of the corporation is two and the names and addresses of the persons who are to serve as directors until the first annual meeting of shareholders, or until their successors shall have been duly elected and qualified, are as follows, to wit: Dennis Wayne Cooley 0822 Alta Mesa Road Silt, CO 81652 Wanda Cooley 0822 Alta Mesa Road Silt, CO 81652 ARg ICT—E IX INCORPORATOR The name and address of the incorporator is: Dennis Wayne Cooley 0822 Alta Mesa Road Silt, CO 81652 4 • • ARrr X OWNER OF LOTS In furtherance of, and not in limitation or exclusion of, the powers conferred by law, the corporation shall be entitled to treat the record owner of any lot in the Sierra Bluffs Filing No. 2 Subdivision as the owner thereof for all purposes, including all rights deriving from such ownership, and shall not be bound to recognize any equitable or other claim to, or interest in, such lots or rights deriving from such lots, on the part of any other person including, but without limiting the generality hereof, a purchaser, assignee or transferee of such lots or rights deriving from such lots unless and until such purchaser, assignee, transferee or other person becomes the record owner of such lots, whether or not the corporation shall have either actual or constructive notice of the interest of such purchaser, assignee, transferee or other person. The purchaser, assignee or transferee of any of lot in the Sierra Bluffs Filing No. 2 Subdivision shall not be entitled to receive notice of the meetings of the members, or to own, enjoy and exercise any other property or richts deriving from such ownership against the corporation until such purchaser, assignee or transferee has become the record owner of such lots. z13PicI E x� BYLAWS The Board of Directors shall adopt, and may amend from time to time, bylaws not inconsistent with these Articles. DATED this day of Cmc- L,-- 1996. INCORPORATOR: (- I --.` { 1 t 1 r-- DENNIS WAYNE OOLEY ' STATE OF COLORADO ss. COUNTY OF GARFIELD I, 1124-4 y ,4'% , a Notary Public in the County and State aforesaid, do hereby certify that, Dennis Wayne Cooley, who is personally known to me to be the person whose name is subscribed to the foregoing Articles of Incorporation, appeared before me this day in person and swore upon oath to the truth of the facts therein stated and acknowledged that 5 • • he signed and delivered said instrument of writing as his free and voluntary act. -dam Given under my hand and official seal this ge day of , 1996. My commission expires: Notary Putlic .A: iriUS' 2 . tS99 THE UNDERSIGNED CONSENTS TO THE APPOINTMENT AS THE INITIAL REGISTERED AGENT OF SIERRA BLUFFS FILING NO. 2 HOMEOWNERS ASSOCIATION, INC. // / , j Dennis Wayne Coote. i 6