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ARTICLE 1 – GENERAL
1.1 Common Interest Community
1.2 Purposes of Declaration
1.3 Declaration
ARTICLE 2 – DEFINITIONS
2.1 Act
2.2 Administrative Functions
2.3 Agreement for Annexation
2.4 Annexable Property
2.5 Arboretum
2.6 Arboretum Agreement
2.7 Articles of Incorporation
2.8 Assessment
2.9 Association
2.10 Association Properties
2.11 Board of Directors
2.12 Budget
2.13 Buffer Zone
2.14 Bylaws
2.15 City
2.16 Common Area
2.17 Common Assessment
2.18 Common Interest Community
2.19 County
2.20 Declaration
2.21 Declarant
2.22 Deed of Trust
2.23 Design Review Committee
2.24 Improvement
2.25 Improvement to Property
2.26 Leases
2.27 Lot
2.28 Maintenance Funds
2.29 Master Development Plan
2.30 Member
2.31 Membership Interest
2.32 Metro District
2.33 Mortgage
2.34 Mortgagee
2.35 Mortgagor
2.36 Notice and Hearing
2.37 Notice of Completion
2.38 Owner
2.39 Participating Builders
2.40 Permitted Exceptions
2.41 Person
2.42 Planned Community
2.43 Plat
2.44 Property
2.45 Record or Recorded
2.46 Reimbursement Assessment
2.47 Rules and Regulations
2.48 Special Assessment
2.49 Supplemental Declaration
2.50 Supplemental Plat
ARTICLE 3 – GENERAL RESTRICTIONS APPLICABLE TO COMMON INTEREST COMMUNITY
3.1 Maintenance of Common Interest Community
– Definition of Maintenance
3.2 Property Uses
3.3 Construction Type
3.4 No Noxious or Offensive Activity
3.5 Annoying Sounds or Odors
3.6 No Hazardous Activities
3.7 No Unsightliness
3.8 Holiday Decorations and Lights
– Permanent Outdoor Lighting Policy
3.9 Weeds
3.10 Buffer Zone
3.11 Restrictions on Garbage and Trash
– Trash Policy
3.12 Animals
– Dangerous Dogs Policy
3.13 No Temporary Structures
3.14 Landscaping Requirement
3.15 Restriction on Antennae, Pipes, Utility Lines and Transmitters
3.16 Restrictions on Signs and Advertising
3.17 Restrictions on Mining or Drilling
3.18 Maintenance of Drainage
3.19 Compliance with Insurance Requirements
3.20 Compliance with Laws
3.21 Further Subdivision of Lots
3.22 Restrictions on Sewage Disposal Systems
3.23 Restrictions on Water Systems
3.24 Restoration in the Event of Damage or Destruction
3.25 Storage
3.26 Vehicle Repairs
3.27 Storage of Gasoline and Explosives, etc.
3.28 Trailers, Campers and Junk Vehicles
3.29 Fences Prohibited
3.30 Air Conditioning and Heating Equipment
3.31 No Overnight On-Street Parking
3.32 Basketball Hoops
3.33 Play Equipment
3.34 Swimming Pools/Hot Tubs
3.35 Dog Houses/Runs
3.36 Participating Builders
3.37 Owner’s Right to Lease Lot
ARTICLE 4 – ARCHITECTURAL APPROVAL
4.1 Approval of Improvements Required
– Definition of Architectural Approval
4.2 Improvement to Property Defined
4.3 Membership of Committee
4.4 Address of Design Review Committee
4.5 Submission of Plans
4.6 Criteria for Approval
4.7 Design Standards
4.8 Design Review Fee
4.9 Decision of Committee
4.10 Failure of Committee to Act on Plans
4.11 Prosecution of Work After Approval
4.12 Notice of Completion
4.13 Inspection of Work
4.14 Notice of Noncompliance
4.15 Failure of Committee to Act After Completion
4.16 Appeal to Board of Directors of Finding of Noncompliance
4.17 Correction of Noncompliance
4.18 No Implied Waiver or Estoppel
4.19 Committee Power to Grant Variances
4.20 Meetings of Committee
4.21 Records of Actions
4.22 Estoppel Certificates
4.23 Non-liability of Committee Action
4.24 Construction Period Exception
ARTICLE 5 – ASSOCIATION PROPERTIES
5.1 Member’s Rights of Use and Enjoyment Generally
5.2 Right of Association to Regulate Use
5.3 No Partition of Association Properties
5.4 Liability of Owners for Damage by Member
5.5 Association Duties if Damage, Destruction, or Required Improvements
5.6 Association Powers in the Event of Condemnation
5.7 Title to Association Properties on Dissolution of Association
5.8 Maintenance and Ownership of Open Space Properties
ARTICLE 6 – DECLARANT’S RIGHTS AND RESERVATIONS
6.1 Period of Declarant’s Rights and Reservations
6.2 Right to Construct Additional Improvements on Association Properties
6.3 Declarant’s Rights to Use Association Properties in the Promotion and Marketing of Common Interest Community
6.4 Declarant’s Rights to Complete Development of Common Interest Community
6.5 Exemption of Declarant from Design Review Committee
6.6 Declarant’s Approval of Conveyances or Changes in Use of Association Properties
6.7 Declarant’s Rights to Grant and Create Easements
6.8 Declarant’s Rights to Convey Additional Property to Association
6.9 Annexation of Additional Properties
6.10 Withdrawal of Annexed Property
6.11 Conversion of Common Areas to Lots
6.12 Combination or Subdivision of Lots
6.13 Expansion of Permitted Property Uses
6.14 Assignment or Transfer of Declarant’s Rights
ARTICLE 7 – ASSOCIATION OPERATION
7.1 Association
7.2 Association Board of Directors
7.3 Membership in Association
7.4 Voting Rights of Members
7.5 Determination of Member Voting Percentages
7.6 Delivery of Documents
7.7 Dissolution of Association
ARTICLE 8 – DUTIES AND POWERS OF ASSOCIATION
8.1 General Duties and Powers of Association
8.2 Duty to Accept Property and Facilities Transferred by Declarant
8.3 Duty to Manage and Care for Association Properties
8.4 Duty to Pay Taxes
8.5 Duty to Maintain Casualty Insurance
8.6 Duty to Maintain Liability Insurance
8.7 General Provisions Respecting Insurance
8.8 Fidelity Bonds Required/Segregation of Funds
8.9 Other Insurance and Bonds
8.10 Duty to Prepare Budgets
8.11 Duty to Levy and Collec Assessments
8.12 Duty to Keep Association Records
8.13 Duties with Respect to Design Review Committee Approvals
8.14 Power to Acquire Property and Construct Improvements
8.15 Power to Adopt Rules and Regulations
8.16 Power to Enforce Declaration and Rules and Regulations
8.17 Power to Grant Easements
8.18 Easement for Encroachments
8.19 Power to Convey and Dedicate Property to Governmental Agencies
8.20 Power to Borrow Money and Mortgage Property
8.21 Power to Engage Employees, Agents, and Consultants
8.22 General Corporate Powers
8.23 Powers Provided by Law
ARTICLE 9 – ASSESSMENTS, BUDGETS, AND FUNDS
9.1 Maintenance Funds to be Established
9.2 Establishment of Other Funds
9.3 Deposit of Common Assessments to Maintenance Funds
9.4 Other Deposits to Maintenance Funds
9.5 Disbursements from Maintenance Funds
9.6 Authority for Disbursements
9.7 Common Assessments
9.8 Apportionment of Common Assessments
9.9 Assessment Deposit
9.10 Funding of Reserve Funds
9.11 Supplemental Common Assessments
9.12 Annual Budgets
9.13 Commencement of Common Assessments
9.14 Payment of Assessment
9.15 Failure to Fix Assessment
9.16 Special Assessments for Capital Expenditures
9.17 Reimbursement Assessments
9.18 Late Charges and Interest
9.19 Surplus Funds
9.20 Notice of Default and Acceleration of Assessments
9.21 Remedies to Enforce Assessments
9.22 Lawsuit to Enforce Assessments
9.23 Lien to Enforce Assessments
9.24 Estoppel Certificates
9.25 No Offsets
ARTICLE 10 – MISCELLANEOUS
10.1 Term of Declaration
10.2 Amendment of Declaration by Declarant
10.3 Amendment of Declaration by Members
10.4 Amendment to Terminate Declaration
10.5 Amendment of Articles and Bylaws
10.6 Special Rights of First Mortgagees
10.7 Priority of First Mortgage Over Assessments
10.8 Association Right to Mortgage Information
10.9 Notices
10.10 Persons Entitled to Enforce Declaration
10.11 Violations Constitute a Nuisance
10.12 Enforcement of Self-Help
10.13 Violations of Law
10.14 Remedies Cumulative
10.15 Costs and Attorneys’ Fees
10.16 Limitation on Liability
10.17 Liberal Interpretation
10.18 Governing Law
10.19 Colorado Common Interest Ownership Act
10.20 Severability
10.21 Number and Gender
10.22 Captions for Convenience
10.23 Mergers or Consolidations
10.24 Exhibits Incorporated
10.25 Disclaimer Regarding Safety
10.26 No Representations or Warranties