HomeMy WebLinkAbout06.0 Protective Covenants 12.16.20091111 h'i l N1?47TVOIND111'4 11111
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PROTECTIVE COVENANTS
FOR
PANORAMA RANCHES
December 16, 2009
Panorama Ranches Homeowners Association hereby sets forth these protective covenants for the
benefit of the hereinafter described and lands and the owner or owners thereof.
These covenants shall attach to the following described real property To Wit:
Panorama Ranches, A Rural Community, consisting of 52 homesteads or lots numbered 1
through 52, and Panorama Ranches Minor Subdivision Exemption of Homestead 53, lots
numbered 53a, 53b, 53c, and 53d, together with the Open Space parcels and dedicated roads as
shown on the recorded plats thereof, as recorded in the Office of the County Clerk or Garfield
County, Colorado on Oct 9, 1979, as reception 298349, and on Dec 29, 1982 as reception
335526.
These covenants supersede and replace the covenants recorded on May 28th 1993 as reception
No. 448030 in Book 864, page 120, Garfield County, Colorado, and the first Amendment to the
covenants recorded on June 12th, 1981 as reception No. 315722 in Book 574, page 308, Garfield
County, Colorado, and Amendment recorded on September 24, 1996 as reception No. 498750 in
Book 993, page 301, Garfield County, Colorado, and Amendment recorded.on December 1,
1997 as reception No. 517130 in Book 1044, page 511, Garfield County, Colorado, and
Amendment recorded on August 16, 1999 as reception No. 550545 in Book 1145, page 358,
Garfield County, Colorado.
All improvements or changes which may have been made to these properties prior to the date of
recording of these revised covenants, which were in accordance with the prior covenants, will be
considered to be in compliance with the revised covenants.
I. Residential Use and Home Occupations.
a. No lot or homestead shall be used for any purpose other than one single family residential
dwelling unit. Detached guest houses or multiple family dwelling units are specifically not
permitted on any homestead. No buildings, improvements or structures shall be constructed
on any lot or homestead other than a single family dwelling and such improvements or
structures as are incidental or appurtenant to a single family dwelling or to uses hereinafter
defined. No lot or homestead shall be used at any time for business or commercial activity.
However, a home occupation as defined in these covenants may be allowed if all required
approvals have been first obtained. No structures of any sort shall be constructed closer than
fifty feet to any lot line without a variance granted by the Board of Directors of the
Association.
b. A home occupation may be approved by the Board of Directors on any lot in the
subdivision upon written application to the Board of Directors, provided that the proposed
home occupation conforms to the following requirements. Applications shall be considered
by the Board with specific regard to minimization of traffic, noise, noxious activities, visible
appearance of the use, storage, lighting, any other factors which may adversely impact
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property values or the rural residential character of the subdivision. The Board of Directors,
by majority vote, shall have the right to revoke approval for a Home Occupation if the use is
determined by the Board of Directors to violate any of the following requirements.
• No home occupation shall have the appearance of a commercial activity, and no
sound, odor, or any other external indication of the use shall be permitted outside any
building.
• Each lot shall be restricted to one home occupation. The owner (or tenant, in the
event that the owner is not the occupant) of the lot shall be the primary employee.
• No home occupation shall involve more than one fulltime-equivalent employee (2080
hrs work per year) in addition to the occupants of the lot and in no case shall the
number exceed three persons.
• The home occupation shall not involve the bulk delivery or shipment of materials or
goods.
• No signs shall be allowed indicating the home occupation use.
• The home occupation shall be conducted only within an enclosed building and no
outside storage of any kind shall be allowed in conjunction with the use.
• No home occupation shall be allowed which involves customers coming to the lot to
purchase or return products.
• Home occupations shall be very low impact uses.
c. Leasing. The Owner of a Lot will have the right to lease his Lot, or the improvements
thereon, subject to the following conditions:
1) All leases will be in writing.
2) The lease shall be specifically subject to the Association Documents, and any failure of a
tenant to comply with the Association Documents will be a default under the lease,
enforceable by the Association.
3) The Owner shall be liable for any violation of the Association Documents committed by
the Owners tenant, without prejudice to the Owner's right to collect any sums by the Owner
on behalf of the tenant.
4) The Owner shall provide the association with a copy of the lease also.
2. Animals.
a. Horses. A maximum of three horses are allowed on any lot in Panorama. Horses
must be kept in a fenced enclosure, the size and location of which must be approved in
advance by the ACA. Such enclosures shall not be closer than 50 feet to any lot line.
Facilities must be provided for the shelter and care of such horses. All structures must
conform to these Covenants and must be approved by the Architectural Control Committee
prior to construction. Owners will comply with the following requirements:
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• Minimization of noise, odor, dust, and unsanitary conditions which may result from
the horses.
• Prevention of overgrazing of pasture (does not apply to paddocks). Changes
recommended by Board of Directors to be consistent with requirements for "Other
Animals."
b. Horse Riding. Homeowners and their guests may ride horses on the Open Space
and the Equestrian Easements shown on the plat of Panorama Ranches. No horse is allowed
beyond the boundaries of the lot to which it belongs, except when accompanied by a person
in full control of the animal. No horse may be allowed to venture onto any lot in Panorama
(except within the Equestrian Easement) without the permission of the owner of that lot.
c. Other Animals. Ordinary household pets are permitted. Other animals may be
permitted in Panorama only by specific written approval from the Board of Directors of the
Association. Such approval may be granted only after careful consideration of the following
concerns:
• Prevention of overgrazing of pasture (does not apply to paddocks).
• Potential negative impact to natural vegetation from grazing, including potential loss
of a diverse ecosystem.
• The number of animals to be located on a lot including those that may already be
there.
• Minimization of noise, odor, dust, and unsanitary conditions which may result from
the animals.
• Potential threats to public safety.
• Needs for enclosure and/or shelter for the animals.
• All animals in Panorama may be allowed to venture beyond its lot boundaries only
when accompanied by a person in full control of its behavior.
3. Oil, Gas and Mineral Development. The oil, gas and mineral rights are owned by the
Panorama Ranches Homeowners Association. No property within Panorama Ranches shall
be used for the purpose of mining, quarrying, drilling, boring or exploring for or removing
water, oil, gas or other hydrocarbons or minerals.
4. Irrigation Water Rights. An easement is hereby granted to all owners of ditch rights and
irrigation water rights conveyed by said ditches to enter upon any parcel or parcels within the
subdivision at reasonable times for the purpose of repair, construction or maintenance of
irrigation canals or ditches located upon existing easements. The Homeowners Association
shall further be entitled to apply irrigation water at reasonable times to common green belt
easements located upon any parcel or parcels as in its discretion it may determine necessary
and desirable. Lot or homestead owners similarly shall be entitled to apply irrigation water
they own at reasonable times to the land they own.
5. Domestic Water and Irrigation Water Rights. Pursuant to the laws of the State of Colorado
and further pursuant to the Decree rendered by the District Court in and for Water Division
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No. 5, State of Colorado, in Consolidated Case Nos. W-3404 and W-3926, and in case No.
93CW 130, the use of water shall be for in-house domestic, outside irrigation, stock watering,
and fire protection purposes only within the Panorama Ranches subdivision, all in the
amounts and subject to the conditions set forth in said Decrees. The Needham Ditch
Company and the Missouri Heights Irrigation Company hereby are named third party
beneficiaries with respect to the provisions of these protective covenants insofar as they
prohibit outside irrigation by water from the wells of the Panorama Ranches domestic water
system beyond the limitations specified in the above noted decrees and said entities shall
have all legal and equitable rights of enforcement to said status. Each owner shall be
required to obtain all domestic water only from the Association. No water from any other
source shall be allowed without the written consent of the Board of Directors being first
obtained, which approval may not be unreasonably withheld..
a. Domestic Water System. The Panorama Ranches Subdivision Homeowners
Association is responsible for all parts of the water system including water mains, main
valves, hydrants, wells, pump houses, pumps including associated electrical facilities, tanks
and air relief vaults and valves conveyed to the Association by agreement dated May 29th,
1985 recorded in Book 689 pages 824 and 825 in the Office of the Garfield County,
Colorado Clerk and Recorder and by Quit Claim Deed from John Wix dated May 29th, 1985.
All water taken from any tap on the Panorama Ranches Subdivision water system shall be
metered before any point of use except for water taken from fire hydrant for firefighting or
maintenance purposes. The Panorama Ranches Homeowners Association may accept
responsibility for other water system facilities by a majority affirmative vote of the Board of
Directors and recording with the Garfield County, County, Colorado Clerk and Recorder of a
written instrument detailing the facilities accepted and the vote of the Board of Directors.
b. Charges for Upkeep of Domestic Water System. Charges for such water shall be
in the form of Assessments and shall be sufficient to pay the cost of obtaining the water from
the well head source, distributing the same, maintaining the distribution system and
providing a capital reserve for the reconstruction of the system as necessary. The
Assessments for the domestic water system shall be prorated equally among the parcels, with
the following exception: If improvements are made to the water system which are solely for
the benefit of specific lot(s), then the Association may levy assessments against the lot(s)
receiving the benefit to pay the additional costs associated therewith. If the owner or owners
of any lot fail, after demand, to pay any assessment levied by the Homeowners' Association,
then the Homeowners Association or Panorama Ranches shall have a lien, from and after the
time of notice of such failure to pay is recorded in the office of the County Clerk and
Recorder of Garfield County, Colorado against the parcel of such owner or owners for the
amount not paid, plus all costs and expense of collecting the unpaid amount, including
reasonable attorneys fees. Any lot owner who fails to pay any assessment by the
Homeowners Association will be charged a $25 late payment penalty for each month in
which the assessment or any late fee is not paid in full on the due date. Additionally, the
Association reserves the right to terminate water service to any water user who is more than
120 days overdue on an account.
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c. Water Service Lines, Meter Pits, Meters, Attachments, and Appurtenances. Each
lot owner is responsible for their water service lines, meter pits, meters, attachments and
appurtenances from, but not including, the curb -stop to each point of use on the lot. If a water
service line is installed with no point of use, the lot owner is responsible for the service lines,
meter pits, meters attachments and appurtenances from, but not including, the curb stop. In
the event that there is no curb -stop, the lot owner is responsible for the aforementioned
facilities from the water tap on the main to each point of use on the lot.
d. Water Service Lines. All water service line connections made to any water tap(s)
on the water system as of 5 July 1996 will have pit water meters with remote readouts
located at the curb -stop as specified in the Panorama Ranches Design Criteria and
Requirements.
e. Water Service Line Maintenance. All owners of water taps and water service
lines on the Panorama Ranches water system are required to keep the tap and water service
line in good working condition free of any leaks or damage. The Association will notify any
water user on the Panorama Ranches water system of a leaking water service line by written
notice delivered by first class mail or by hand to the owner. The owner will repair the water
service line within 30 days of the notice. The Association, by a majority vote of the Board,
may assess against the lot owner(s) all costs expended by the Association for labor and
materials to put a water service line into operating condition. Any owner that refuses to
repair their water service line or refuses the Association access to their property for purpose
of water service line repair shall have their water service terminated upon a majority vote of
the Board until such time that the water service line is repaired and placed in operation.
During the period of time that the water service line is leaking, the Association may assess an
additional flat rate charge, set by the Board of Directors, to the owners for the cost of non -
metered water leaking out of the service line.
f. Water Meter Maintenance. All owners of water meters are required to keep their
meters and appurtenances thereto in good operating order at all times. The Association will
notify any water user of deficiencies by written notice delivered by first class mail or by hand
to the owner. The owner will repair the water meter within 30 days of the notice. The
Association, by a majority vote of the Board, may assess against a lot owner(s) all costs
expended by the Association for labor and material to put a water meter into operating
condition. Any owner that refuses to repair their water meter or refuses the Association
access to their property for purposes of water meter repair shall have their water service
terminated upon a majority vote of the Board until such time that the water meter is repaired
and placed in operation. During the period of time that the water meter is not operating the
Association may assess a flat rate charge set by the Board of Directors to the owner for the
cost of non -meter water used.
g. Backflow Prevention Devices. A backflow prevention device is required and
shall be installed immediately before the first point of use of water on each water service line
attached to the Panorama Ranches water system. The backflow prevention device shall
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prevent back siphoning of undesirable or harmful contaminants into the subdivision water
system.
h. Backflow Prevention Device Maintenance and Inspection. Each lot owner shall
maintain in good operating condition every backflow prevention device installed on their
water service lines. Maintenance shall include annual inspections and testing of the backflow
prevention device to insure that it is in good operating order. The Association Board of
Directors reserves the right to request proof of inspection and test of any backflow prevention
device from any lot owner upon 30 days written notice delivered to any lot owner by first
class mail or in person by a representative of the Association. In the event that no proof of
inspection and testing of the device is provided, the Board of Directors will arrange for an
inspection and test at the cost of the lot owner. Any owner that refuses to inspect and test
their backflow prevention devices or refuses the Association access to their property for
purposes of inspection and testing shall have their water service terminated upon a majority
vote of the Board until such time that the backflow device is inspected and tested and proof
of such is provided to the Board.
i. Curtailment of Water Service for Waste, Excessive Use, and failure to meet owner
responsibilities outlined above. The Panorama Ranches Subdivision Board of Directors may
terminate water service to any lot for waste of water, excessive use of water, or failure to
meet owner responsibilities outlined in paragraphs 5c, 5d, 5e, 5g, and 5i. Prior to terminating
water service for the above causes, the Board of Directors shall give 30 days written notice
by first class mail Certified Return Receipt Requested to the lot owner stating the reasons for
water service termination. The lot owner shall have the right to be heard by the Board of
Directors to present their side of the issue before the water service is terminated provided that
the lot owner makes a request to the Board of the Directors within seven days of receipt of
notice from the Association and provided that the water use does not present an emergency
on the water system through excessive use. In an emergency, the Association Board of
Directors may cause immediate termination of water service to the property until the
emergency situation can be remedied. After the emergency situation is remedied, the lot
owner is entitled to be heard by the Board of Directors of the Association. Excessive use of
water shall be defined as use of water that is more than 10,000 gallons per month during the
months of November, December, January, February, March, April, and 30,000 gallons per
month during the months of May, June, July, August, September and October. The Board,
after hearing the input from the property owner, shall render a decision regarding
reinstatement of water service.
j. Requirements at Time of Sale. Each homeowner must have in place the following
before a deed of sale can be conveyed to a new owner:
- An identifiable curb -stop which connects the service line to the residence with the main
line in the street
- A pit water meter with remote readout located at the curb -stop as specified in the
Panorama Ranches Design Criteria (with the exception of homes built before 5 July 1996 per
paragraph 5.d. above):
- A backflow preventer as specified in the Panorama Ranches Design Criteria
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k. Remedies for Failure to Perform. The Association, by a majority vote of the Board, may
assess against an individual lot owner(s) all costs expended by the Association for
materials and labor to bring an individual lot into compliance with the specifications for
water tap, water service line, water meter, and backflow prevention device installation, if
an individual lot owner(s) refuses to make such improvements on his own within sixty
days after written demand.
Additionally, any lot owner or owner of a water tap that refuses to make such
improvements or refuses the Association access to their property to make such
improvements, after written demand, shall have their water service terminated upon a
majority vote of the Board until such time that the water service line or water meter is in
compliance with these specifications.
6. Signs. No sign and no advertising device of any nature shall be placed upon the property
except a small sign, no larger than 6" x 18", in form and design approved by the Architectural
Control Authority showing the owners name and/or property address of the parcel, and
except a sign in the form and design approved by the Architectural Control Authority to
indicate the lot or homestead is for sale and the party, the address and/or telephone number
for contact for information about such sale, notwithstanding the foregoing, street
identification signs and traffic control signs may be erected.
7. Sewage Disposal. All sewage disposal facilities, sanitary system, septic tank, sewage leach
fields, percolation systems, or drain fields shall be installed and constructed according to the
health and safety standards of the County of Garfield and the State of Colorado at the
expense of the lot or homestead owners. All waste defined by the EPA as hazardous waste
shall be disposed of properly. Particular care shall be given to protection of the water supply
for Panorama to insure that no hazardous or toxic materials contaminate the water sources or
water system.
8. Drainage Control. Each lot or homestead shall provide one or more culverts where
driveways join or cross any road or irrigation ditch. The minimum size culvert shall be 18
inches in diameter unless approval is given by the Architectural Control Authority for a
smaller size. No building may be erected closer than 15 feet from any irrigation ditch,
whether or not said ditch appears on the subdivision plat as a surveyed easement. If the road
crosses an irrigation ditch, the minimum size culvert shall be 18 inches or such size as is
required by the ditch company responsible for the ditch. No lateral irrigation ditch may be
blocked in any way which would impede the flow of water to or from adjoining lands.
Lateral ditches may be relocated provided such change does not adversely affect the flow of
in-igation water to or from adjacent lands, and then only with the written consent of the
Homeowners Association.
9. Temporary Structures. No tent or shack shall be placed upon any parcel and no temporary
building, mobile home, improvement or structure shall be placed upon any lot or homestead,
except during such reasonable period as may be necessary for the construction of approved
improvements on such lot. No temporary building, trailer, mobile home, improvement or
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structure permitted during construction periods shall be used as a residence, except for a
period not exceeding twelve months while construction of a dwelling is in progress.
10. Zoning. No lands within Panorama Ranches shall ever be occupied or used for any structure
or purpose in any manner which is contrary to the applicable County zoning regulations and
these covenants.
11. Enclosure of Unsightly Facilities, Equipment and Removal of Debris. All unsightly
structures, facilities, equipment and other items, including but not limited to those specified
below, shall be enclosed within a solid, covered structure, screened from view, or placed on
driveway. Any trailer, boat, snowmobile, disabled vehicle, tractor, snow removal or garden
equipment, and any similar item shall be kept at all times, except when in actual use, in an
enclosed structure, screened from view, or placed on driveway. Any refuse or trash container,
gas, oil or water tank, service area, or storage pile shall be enclosed or appropriately screened
from view by planting or fencing approved by the Architectural Control Authority, and
adequate to conceal the same from neighbors, streets, private roads and access drives. No
bulk lumber, bulk metals, bulk materials, scrap, refuse or trash shall be kept, stored or
allowed to accumulate on any lot or homestead except building materials during the course of
construction and then only for such reasonable period of time as is necessary prior to
collection or disposal thereof. Tidy stacks of lumber or firewood only for personal use may
be kept on a lot by the resident.
12. Electricity Wires, Poles and Alternative Energy Structures. Any extensions of electric and
telephone transmission lines shall be underground and shall be installed at the expense of the
lot or homestead owner, providing, however, that the Architectural Control Authority may
grant permission in writing for overhead extensions to within not less than 300 feet from the
primary residence to be served. The Architectural Control Authority shall be particularly
concerned with the impact of any overhead extensions of overhead power lines and
alternative energy structures on the view planes of any existing or future residences, and shall
not grant permission for the extension of overhead lines or alternative energy structures if the
view plane of a lot is adversely impacted by the proposed extension or structure. All
overhead extensions shall be installed in accordance with engineering standards promulgated
from time to time by Holy Cross Electric Association, Inc. or its successors. Input from all
impacted lot owners shall be obtained prior to any final decision on overhead power line
installations or alternative energy structures.
13. Noxious, offensive or hazardous activities. No noxious, offensive, or hazardous activity
shall be carried on upon any lot at any time nor shall anything be done or permitted which
may be or become a nuisance to other property or to the owners thereof.
• Firearms. The discharge of firearms is prohibited within the boundaries of Panorama
Ranches.
• Outside Burning and Fireworks. Wildfires are a serious hazard in the environment of
Panorama Ranches. All outside burning must be done with extreme caution. Burning
shall be permitted ONLY at times when natural moisture levels are high and fire
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dangers are low. Burning of brush is prohibited when wind speeds exceed 10 miles
per hour. Brush burning shall only be allowed in areas with a minimum forty foot
cleared zone surrounding the fire. A continuous water supply capable of controlling
and extinguishing the fire shall be maintained at the site until the fire is completely
extinguished. The use of fireworks shall conform to the same requirements
applicable to burning of brush. Only fireworks classified as legal by State and local
law are allowed. Burning of household garbage and construction debris is prohibited.
Outside cooking shall be restricted to properly maintained charcoal grills or gas grills
designed for cooking or other properly constructed outdoor cooking facilities.
Nothing in this section shall be construed to allow outside burning or fireworks when
it is otherwise restricted by state or local governments or other authorities having
jurisdiction.
• Exterior lighting. Exterior lighting plans shall be submitted to the Architectural
Control Authority for review and approval with original construction drawings or
when exterior lighting is added on any lot. Exterior lights shall not shine or be
reflected directly at structures on any other lot in the subdivision. Continuous and
regular use of exterior flood and area lighting is prohibited. Seasonal exterior lighting
for holidays is allowed without approval of the Architectural Control Authority. It
may be used, however, no more than one month prior to, nor two weeks after the
holiday. Seasonal lighting shall be installed in a manner that does not shine directly
onto other structures and minimize adverse impacts on other lots. Mercury vapor,
high pressure sodium, and similar high intensity lighting is prohibited.
14. Required Approval of All Changes to Property.
a. Architectural Control Authority. An Architectural Control Authority shall be
established by the Board of Directors of the Panorama Ranches Homeowners Association.
All members of the Architectural Control Authority shall be property owners in Panorama
Ranches. Five members shall be appointed by the Board of directors and each member shall
serve a three year term with the terms to be staggered at the time of appointment. However,
such three year appointment notwithstanding, such membership shall be at the pleasure of the
Board of Directors of the Association and may be terminated at any time by a majority vote
of the Board.
b. Action by the Architectural Control Authority. Upon receipt of an application for
permission to cause a change in the existing state of property involving a structure greater
than 120 square feet, the ACA shall notify all lot owners of the receipt of said application.
Lot owners may then offer to the ACA their opinions as to the consistency of the proposed
change with these Covenants and with the Design Criteria and Requirements. Lot owners
may indicate to the ACA, in writing, their wish to be listed as an "interested party." Such
interested parties shall receive the same communications, notices of meetings, and actions of
the ACA as the applicant receives. Interested parties may attend any meeting of the ACA
which is open to the applicant. Three members of the ACA shall constitute a quorum. The
ACA shall report in writing all approvals and disapprovals of any changes in the existing
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following objectives in mind: To carry out the general purposes expressed in these
covenants; to prevent any change which would be unsafe or hazardous to any persons or
property; to prevent any obstructions or diminution of the view of others; to preserve visual
continuity of the area and prevent any sharp definition of boundaries of property ownership;
to assure that any change will be of good and attractive design and in harmony with the rustic
and natural setting of the area.
• Quality Assurance. Architectural Control Authority will also assure that materials
and workmanship for all improvements are of high quality comparable to other
improvements in the area; and assure that any change will require as little
maintenance as possible so as to assure a better appearing area under all conditions.
• In order to effect such desired objectives Panorama Ranches has developed "DESIGN
CRITERIA AND REQUIREMENTS," dated of even date herewith, copies of which
are available from the Association. Those Design Requirements and Guidelines shall
be considered the initial minimum standards and rules of the Architectural Control
authority. The Design Criteria and Requirements are incorporated herein as a part of
these covenants, and may be changed from time to time in accordance with
procedures for notice and approval adopted by the Board.
g. Conditions Precedent to Approval. Prior to expenditures of any substantial time
or funds in the planning of any proposed change in the existing state of property, the owner
of the property shall advise the Architectural Control Authority in writing of the general
nature of the proposed change. The property owner shall have previously read the Design
Criteria and Requirements and shall provide the Architectural Control Authority with all the
materials necessary under the Design Criteria and Requirements for comment and review.
• Plan Submittal. Where buildings or structures or other improvements which
reasonably require plans and specifications are proposed to be constructed, the
Architectural Control Authority shall require that the plans and specifications shall be
submitted with a fee of $50 to be paid to the Association to cover the costs and
expenses of the review.
• Approval. No proposed Change in the existing state of property shall be deemed to
have been approved unless its approval is in writing executed by the chairman of the
Architectural Control Authority. That approval, however, shall be deemed given if
the Architectural Control Authority fails to approve or disapprove a proposed change
or to make additional requirements or request additional information within 45 days
after a full and complete description of the proposed change has been furnished in
writing to the Architectural Control Authority with a written and specific request for
approval. After the ACA has received all the information which it has requested, the
ACA may take up to 45 days to issue its disapproval or approval.
h. Prompt Completion of Work After Approval. After approval by the Architectural
Control Authority of any proposed change in the existing state of property, the proposed
change shall be accomplished as promptly and diligently as possible and in complete
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state of property in Panorama Ranches to the applicant, any "interested parties", and to the
Board of Directors of the Association.
• Appeals by an Applicant. An applicant may appeal a decision by the ACA to the
Board of Directors. Such appeal must be filed in writing within one month of the
action of the ACA.
• Appeals by Other Members of the Homeowners Association. Any lot owner may
appeal a decision of the ACA to the Board of Directors. Written appeal must be filed
with the Board within 7 days of the action of the ACA.
• Grounds for appeal. The valid grounds for an appeal to the Board of Directors are (1)
that the ACA did not follow the procedures set forth in these covenants, (2) that the
action of the ACA occurred without three concurring votes, or (3) the decision of the
ACA was not consistent with these covenants. The written appeal shall state the
grounds for the appeal.
• Decision of the Board. Upon receiving a written appeal, the Board shall meet
promptly. If the Board finds that there are valid grounds for an appeal, it may void a
decision of the ACA and issue a decision in its place, or it may direct the ACA to
reconsider its previous decision. The Board shall issue its decision in writing to the
Applicant, the ACA, and to "interested parties."
c. Limitation of Liability. Neither the ACA nor any member thereof, nor the
Association nor any Director, Officer, or member thereof shall be liable to any party for any
action or for any failure to act under or pursuant to or with respect to any provision of these
covenants provided only that the person or entity sought to be charged with any liability shall
have proceeded in good faith and without malice.
d. Change in the Existing State of Property. Change in the existing state of the
property shall mean and include the construction of any building, structure or other
improvement, including fencing and utility facilities; the excavation, filling or similar
disturbance of the land including change of grade, landscaping, stream bed, ground level or
drainage pattern. Change shall also include the clearing or damaging of trees, shrubs or other
growing things. Change shall also include any change of color, texture or exterior
appearance of any previously approved change to the property.
e. Approval of Change in Existing State Required. No change in the existing state
of property shall be made or permitted without the prior written approval of the Architectural
Control Authority, unless the change is specifically exempted from the approval process by
these covenants. All changes must be in compliance with the provisions, conditions and
restrictions set forth in these covenants.
f. Architectural Control Authority Criteria for Approval. The Architectural Control
Authority shall have complete discretion to approve or disapprove any change in the existing
state of property. The Architectural Control Authority shall exercise such discretion with the
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conformity with the description of the proposed change and with any plans and specifications
therefore given to the Architectural Control Authority. When the change is construction of a
structure, the completion requirement shall be satisfied when a certificate of occupancy is
granted by Garfield County. Failure to accomplish the change within one year after the date
of approval or failure to complete the proposed change strictly in accordance with the
description thereof and plans and specification therefore shall automatically revoke the
approval of the proposed change and, upon demand by the Architectural Control Authority,
the property shall be restored as nearly as possible to its state existing prior to any work in
connection with the proposed change.
15. Panorama Ranches Homeowners Association. The Panorama Ranches Homeowners
Association, a Colorado non-profit corporation, has been incorporated to further the interests
of the lot or homestead owners of Panorama Ranches, to assume the responsibility of
architectural control, to regulate, manage and maintain the supply of domestic water in
Panorama Ranches, and to regulate, manage and maintain the 56.78 acres of reserved open
space which is dedicated to the homeowners association. The owners of all lots or
homesteads shall be members of the Association; shall be required to maintain membership
in such Association; shall be entitled to one vote for each lot or homestead owned; and shall
be required to pay assessments levied by the Association. Assessments shall be prorated
equally among the platted lots or homesteads. If the owner of any lot fails to pay any
assessment by the due date, which is 30 days after invoice date, that homeowner shall be
assessed a late fee of $25 for each month in which any assessments or any late fee is not paid
in full on the due date. If the owner of any lot or homestead fails, after demand, to pay any
assessment levied by the Homeowners Association, then the Homeowners Association shall
have a lien, from and after the time of notice of such failure to pay is recorded in the Office
of the County Clerk and Recorder, against the lot or homestead of such owner for the amount
due and not paid, plus all costs and expenses of collection, including reasonable attorney's
fees. The lien may be foreclosed in the manner provided for foreclosure of mortgages in the
state of Colorado.
16. Assessments: In addition to operation and maintenance of the domestic water system, the
Association may levy assessments to maintain and operate the irrigation ditches and common
areas, to promote the recreation, health, safety and welfare of the residents of Panorama
Ranches.
17. Common Lands of Panorama. The Common Land of Panorama shown on the recorded plat
of the Subdivision is reserved for the benefit of homeowners. The following restrictions
apply:
• Hunting is prohibited on Common Lands. The discharge of firearms is prohibited.
• No motorized vehicles are permitted, except for the maintenance of the common
Lands, or for parking associated with special events.
• No fences, structures, change of grade, or alteration of vegetation is allowed on
Common Land without the written consent of the Board of Directors, as specified
below.
• Use of the Common Land is restricted to homeowners, tenants, and their guests.
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a. The Homeowners Association may develop portions of the Common Land for
activities which promote the recreation, health, safety, or welfare of the residents of
Panorama. If the Homeowners Association develops a portion of the Common Land, the cost
thereof shall be shared equally by the owners of all lots in Panorama.
b. A homeowner, or group of homeowners, may propose to the Board of Directors
for permission to develop a portion of the Common Land. The Board will consider the
following:
if:
• A statement detailing the proposed use of the space.
• Drawings showing any proposed developments and their siting on the space.
• A satisfactory financial plan, including, but not limited to, any liability insurance
changes, future maintenance or removal of the development, etc.
c. Permission for such development may be granted by the Board of Directors only
• The use of such development is open to all homeowners, tenants, and their guests,
regardless of whether the Homeowners Association, or the applicant bears the cost of
the development.
• The development is deemed by the Board of Directors to be in the best interests of the
Homeowners.
• The proposed development meets the criteria for architectural control stated
elsewhere in the Covenants.
18. Driveway Cuts. Lot owners must have an approved driveway permit from Garfield County
before making a driveway cut.
19. Variances. The Board of Directors may allow variances from compliance with any of the
terms or provisions of these protective covenants when circumstances such as topography,
natural obstructions or hardship may require and, if such variance is granted, no violation of
the covenants, restrictions and conditions of these restrictions shall be deemed to have
occurred with respect to the matter for which the variance was granted. Such variance must
be evidenced in writing. The granting of such variance shall not operate to waive any of the
terms and provisions of these restrictions for any purpose except as to the particular lot or
homestead and particular provisions hereof covered by the variance. In no event may a
variance be granted which would permit any business or commercial activity. Any variance
granted by the Board of Directors shall be recorded in the Garfield County Clerk's Office.
The lot owner to whom the variance is granted shall be charged a fee to cover the recording
cost.
20. Enforcement Rights. The covenants, restrictions and conditions contained in these protective
covenants may be enforced at any time by the owners of any lot or homestead, by a group of
owners of lots or homesteads, or by the Homeowners Association
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21 Remedies. The covenants, restrictions and conditions contained in these protective
covenants may be enforceable by proceeding for prohibitive or mandatory injunction. Actual
damages shall not be deemed an adequate remedy for breach or violation but, in an
appropriate case, punitive damages may be awarded. In any action to enforce any covenant,
restriction or condition contained in these restrictions, the prevailing party or parties may be
awarded reasonable attorney's fees.
22. Additional Remedy. In addition to the aforementioned remedies, the Homeowners
Association or its nominees, upon violation or breach of any covenant, restriction or
condition contained in these protective covenants, may enter upon any lot or homestead
where such violation or breach exists and may abate or remove the thing or condition causing
the violation or breach or may otherwise cure the violation or breach. The remedy described
in this section may be exercised 30 days after the Board of Directors notifies the homestead
owner, in writing (by certified, return -receipt -requested mail), of the intent to exercise said
remedy. The costs incurred shall be billed to and paid by the owner of the lot or homestead.
If the owner of the property fails, after demand, to pay such costs, then the Association shall
have a lien, from and after the time a notice of such failure to pay is recorded in the Office of
the County Clerk and Recorder, against the property of such owner for the amount due and
not paid, plus all costs and expense of collection, including reasonable attorney's fees. The
lien may be foreclosed in the manner for foreclosure of mortgages and deeds of trust in the
State of Colorado.
23. Protection of Encumbrance. No violation or breach of any restriction, covenant or condition
contained in these protective covenants and no action to enforce the same shall defeat, render
invalid or impair the lien of any mortgage or deed of trust taken in good faith for value or the
title or interest of the holder thereof or the title acquired by any purchaser upon foreclosure of
any such mortgage or deed of trust. Any such purchaser shall, however, take title subject to
these Protective Covenants which occurred prior to such foreclosure, which shall not be
deemed breaches or violations hereof.
24. Severability. Each of the covenants, restrictions and conditions contained in these
protective covenants shall be deemed independent and separate and the invalidation of any
one shall not affect the validity and continuing effect of any other.
25. Amendment and Termination. The restrictions, covenants and conditions in these
protective covenants shall continue until amended or terminated by written instrument
executed by the record owners of a majority of the lots then subject to these covenants.
26. Paragraph Headings. The paragraph headings in this instrument are for convenience only
and shall not be considered in construing the restrictions, covenants and conditions herein
contained.
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27. Waiver. Waiver or failure to enforce any restriction, covenant or condition in these
protective covenants shall not operate as a waiver of any other restriction, covenant or
condition.
KNOW ALL MEN BY THESE PRESENTS, that the undersigned President and Secretary of the
Association known as the Panorama Ranches Homeowners Association do hereby certify that the
above and foregoing Protective Covenants were fully adopted by written instrument executed by
a majority of the owners of the Homeowners Association (as required by Paragraph 25 of the
predecessor covenants), as the Covenants of the Association on the 16t day of December 16,
2009, and that they do now constitute the covenants of said Association.
ATTEST:
President
.01/hoto-of___
Secretary
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