HomeMy WebLinkAbout2.0 Declaration of Covenants, Conditions, Restrictions & EasementsDECLARATION OF COVENANTS, CONDITIONS,
RESTRICTIONS AND EASEMENTS FOR
SIERRA BLUFFS FILING #1 SUBDIVISION
Barton F. Porter and Frank W. Collins (collectively "Declarant"), as owner of certain
real property in the County of Garfield, State of Colorado, known as the Sierra Bluffs Filing #1
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 Principal Meridian, County of Garfield, State of Colorado; Said Parcel
being more particularly described as follows:
Lot 10, Sierra Vista Ranch according to Plat filed as Rec. No. 302518.
COUNTY OF GARFIELD
STATE OF COLORADO
(the "Property"). Declarant desires to create a Planned Community Common Interest
Community, to be known as Sierra Bluffs Filing #1 Subdivision, in which certain common
property will be owned by the Sierra Bluffs 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 #1 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 In the event the Act is repealed, the Act, on the effective date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
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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 #1 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 include both original
improvements and all later changes and improvements. "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 #1 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 #1 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.
Lots.
ARTICLE III
DESCRIPTION OF COMMON INTEREST COMMUNITY
3.1 Units. The maximum number of Lots in Sierra Bluffs is three (3) single family
3.2 Common Elements. The Common Elements include:
(a) All underground water and water rights appurtenant to the Property,
including all well and well rights under Colorado Well Permit No. 178786, issued on
June 9, 1994, for 15 g.p.m., together with all well casing, screens, pumps, piping,
storage tank, valves, hydrants and other appliances for the domestic water system from
any well to the point of individual service for any lot in Sierra Bluffs;
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(b) All access and utility easements depicted on the map of Sierra Bluffs 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, on 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 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 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 shall be conveyed to the Association by Declarant. The
Association shall be responsible for the maintenance of said road. Such maintenance will include
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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.
3.7 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.
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 Easement. 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
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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 shall be managed by the Sierra
Bluffs 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.
4.4 Declarant Control. The Declarant shall have all the powers 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, attorney fees, fines and interest charged
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
jointly 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.
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5.2 Apportionment of Common Expenses. Common Expenses shall be allocated and
assessed against Lots based on a 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 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
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, and to make or create any excavation or fill on Sierra Bluffs, 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.
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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 restriction on the number of natural gas burning fireplaces or appliances.
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, as permitted by the
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 Subdivision of Lots. No Lot may be subdivided.
7.3 Outside Irrigation. No Lot shall have more than 7,260 square feet in outside
irrigation.
7.4 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.
7.5 Hunting and Firearms. Firearms shall not be discharged on the Property and no
hunting with firearms shall be allowed.
7.6 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.
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(c) Each dog shall be leashed or kept in a humane kennel or run at all times.
Metal chainlink 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.
7.7 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 other affected property
owner.
7.8 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.
7.9 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.
7.10 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 including, without limitation, all applicable
environmental laws and regulations.
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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.
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 a 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:
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(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 Sierra Bluffs;
(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
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prevailing party shall be entitled to recover all costs incurred, including reasonable attorney's
fees.
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 interpretation 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
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,
convertibility 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 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.
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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 day
of , 1996.
STATE OF COLORADO )
COUNTY OF GARFIELD )
ss.
BARTON F. PORTER
FRANK W. COLLINS
The foregoing instrument was acknowledged before me this day of
1996, by Barton F. Porter and Frank W. Collins.
WITNESS my hand and official seal.
My Commission Expires:
11 151111S,DL I&RA1
12
Notary Public