STANTON FARMS TOWNHOMES ASSOCIATION A COVENANT PROTECTED COMMUNITY RULES AND REGULATIONS EFFECTIVE JANUARY 9, 2017

Transcription

1 STANTON FARMS TOWNHOMES ASSOCIATION A COVENANT PROTECTED COMMUNITY RULES AND REGULATIONS EFFECTIVE JANUARY 9, 2017

2 TABLE OF CONTENTS I. INTRODUCTION... 1 II. RULES AND REGULATIONS... 1 A. VEHICLES AND PARKING... 1 B. PROHIBITION OF DAMAGE, NUISANCE AND NOISE... 2 C. PATIOS, BALCONIES, DECKS AND PORCHES... 4 D. SIGNS... 4 E. PETS... 5 F. TRASH... 5 G. ANTENNAS AND SATELLITE DISHES... 6 H. EXTERIOR MODIFICATIONS... 6 I. MAINTENANCE OBLIGATION AND FAILURE TO MAINTAIN... 7 J. LEASING... 8 K. ENFORCEMENT... 9 i

3 I. INTRODUCTION Whereas, powers have been granted to the Association to govern, manage, and administer the Stanton Farms Townhomes Community by Article 7 Section 7.1 (b) of the Amended and Restated Bylaws of Stanton Farms Townhomes Association ( Amended and Restated Bylaws ); and Whereas, authority has been granted to the Board of Directors of the Stanton Farms Townhomes Association to adopt, amend and repeal Rules and Regulations concerning and governing the Community in furtherance of the provisions of the Amended and Restated Declaration and the general plan of development. The Board of Directors may also establish and enforce penalties for infractions of the rules including, but not limited to fines pursuant to Article 8 Section 8.23 of the Amended and Restated Declaration of Covenants Conditions; Therefore, the Board of Directors of Stanton Farms Townhomes Association, hereby adopts these Rules and Regulations, to supersede and replace all previously adopted rules and regulations manuals, in addition and in clarification of the Amended and Restated Declaration of Covenants Conditions and Restrictions for Stanton Farms Townhomes, recorded in Jefferson County on April 22, 2015 ( Amended and Restated Declaration ) and the Amended and Restated Bylaws certified January 14, 2015, for the safety of Residents and the property, and to promote, protect and enhance the character of the Association. These Rules and Regulations govern the Stanton Farms Townhomes Association and apply to all Residents, owners and non-owners alike. They are enforceable under our Articles of Incorporation recorded on May 24, 1983, Amended and Restated Declaration and Amended and Restated Bylaws. The purpose of these Rules and Regulations is to provide all Residents peaceful enjoyment of the community. Stanton Farms Townhomes Association consists of individuals as a community of Residents where a common interest is to maintain the quality of life for all Residents and to protect the property value of the community in the interest of all. The Rules and Regulations established by the Association shall not supersede local, state or federal laws and regulations. Civil complaints and violations of local ordinances or state or federal laws shall be pursued through normal channels without the involvement of the Association or the Board of Directors. The Rules and Regulations shall apply to all owners and all Residents of the Stanton Farms Townhomes Association. Owners and Residents shall be held responsible for activities of their guests or tenants and the compliance of their guests or tenants with the Amended and Restated Declaration, Restated and Amended Bylaws, Resolutions, Policies and Rules and Regulations of the Association. The Board of Directors reserves the right to make additional rules and regulations as may be required from time to time. Unless otherwise expressly provided herein, the capitalized terms used in these Rules and Regulations shall have the same meaning as any similarly capitalized terms used in the Association s Amended and Restated Declaration, Articles of Incorporation, and Amended and Restated Bylaws. II. RULES AND REGULATIONS A. Vehicles and Parking. 1. Permitted Parking. Each Lot is entitled to one parking space. If a Lot has a garage, the parking space will be in the garage. If a Lot does not have a garage, the Association may assign a parking space to the Lot. Parking is permitted only in designated areas. All other portions of the roads are designated as emergency vehicle access lanes, and parking in such areas is prohibited. Vehicles may not be driven or parked on sidewalks or on landscape areas. Owners are allowed to park their vehicles inside their garages, in assigned parking spaces, and in designated parking spaces only.

4 Vehicles may be parked in front of an owner s garage only if the driveway is long enough to accommodate the vehicle. All illegally parked vehicles may be towed at the vehicle owner s expense. 2. Prohibited Vehicles. Boats, trailers, jet-skis and trailers for same, oversized trailers, hauling trailers, pickup trucks over ¾ ton, panel trucks, buses, vans (excluding vans used by handicapped persons, mini-vans or sport utility vehicles used as passenger vehicles), recreational vehicles are not allowed to be stored or parked on the Common Areas. Recreational vehicles in the process of being loaded or unloaded before or after use, may be parked in parking areas for a maximum of 48 hours within any 30 day period. If additional time is needed, please contact the management company for written approval. No unlicensed, stored, abandoned or inoperable vehicles may be parked in the Community outside of a garage. No stored or abandoned or inoperable vehicles of any kind may be stored or parked on the Common Areas. An abandoned or inoperable vehicle is defined as any passenger car, truck, motorcycle, boat, trailer, camper house trailer, self-contained motorized recreational vehicle, or other similar vehicle that for a period of two days or longer does not have an operable propulsion system installed therein, has one or more flat tires or has another condition preventing the regular and normal operation and movement of the vehicle. A vehicle will be considered "stored" if it remains in the same location in the Community for 14 consecutive days or longer without prior written Board permission. 3. Vehicle Repair and Polishing. Maintenance, repair, rebuilding, dismantling, repainting, or any kind of servicing of vehicles, trailers or boats may not be performed or conducted in the Community unless done within a completely enclosed garage that screens the sight and sound of the activity from the street and from adjoining property. Washing vehicles in the Community is prohibited. This restriction does not prohibit polishing of any motor vehicle except recreational and commercial vehicles together with those activities normally incident and necessary to polishing. 4. Enforcement. If any vehicle is parked on any portion of the Community in violation of the Amended and Restated Declaration or in violation of these Rules and Regulations, the Board or agent of the Association may place a notice on the vehicle specifying the nature of the violation and stating that after 24 hours the vehicle may be towed. The notice will include the name and telephone number of the person or entity that will do the towing and the name and telephone number of a person to contact regarding the alleged violation. If 24 hours after such notice is placed on the vehicle the violation continues or occurs again within six months of such notice, the Board or agent of the Association may have the vehicle towed in accordance with the notice without further notice to the vehicle owner or user. If a vehicle located in the Community is blocking another vehicle or access to another Owner's parking space or garage, is obstructing the flow of traffic, is parked on any grassy area, is parked within 30 feet of US Postal Service mailboxes, or otherwise creates a hazardous condition, no notice will be required, and the vehicle may be towed immediately in accordance with the governmental regulations. If a vehicle is towed in accordance with this section, neither the Association nor any director, officer or agent of the Association will be liable to any person for any claim of damage as a result of the towing. Notwithstanding anything to the contrary herein, the Board may elect to impose fines or use other available sanctions rather than exercise its authority to tow. B. Prohibition of Damage, Nuisance and Noise. 1. Noise must be kept within a reasonable level at all times. Objectionable noise includes, but is not limited to, continuous pounding or hammering, noise which creates vibrations in and through the building structure, and voices or music audible from outside the Lot or from adjacent Lots which interfere with or cause disruption to the use and quiet enjoyment of another Owner s Lot. Residents who are disturbed by noise can call the Jefferson County Sheriff s Department and/or file a complaint with the Association. 2. Without the prior written consent of the Board of Directors, nothing shall be done or kept on the Property or any part thereof that would increase the rate of insurance on the Property or 2

5 any Lot or part thereof, that would be in violation of any statute, rule, ordinance, regulation, permit or other validly imposed requirements of any governmental body or which would increase the Common Expenses. 3. Noxious, destructive, offensive or unsanitary activity may not be carried out upon the Property. No Owner or Resident may use or allow the use of the Lot or any portion of the Property at any time in any way that may endanger the health or property of other Residents, or unreasonably annoy, disturb or cause embarrassment or discomfort to other Owners or Residents, or, in the Board's discretion, constitute a nuisance. The intention of this provision is to grant the Association and aggrieved Owners and Residents a right of redress for actions, activities or conduct that unreasonably disturbs or impairs the peaceful and safe enjoyment of the residences. Any illegal, immoral, improper or offensive act may be reported to the appropriate governmental authorities and will be deemed an infraction of these Rules. 4. Damaging or defacing the buildings, paving, landscaping or other portions of the Common Areas is prohibited. In addition to the imposition of fines, the violators shall be required to reimburse the Association for costs of repair or restoration notwithstanding the fine schedule in the Enforcement Policy. Removing barriers and driving on fresh concrete or asphalt before the contractor has removed the barriers will result in a $300 fine. In addition, the removal or alteration of landscaping is prohibited without the prior written consent of the Board of Directors. Also prohibited is the bouncing of balls or other equipment against the buildings or garage doors as well as climbing in trees or bushes and on buildings. 5. Nothing in this section will be construed to affect the rights of an aggrieved Owner or Resident to proceed individually against a violator hereof for relief from interference with the Owner s property or personal rights, and the Board may, in its discretion, require aggrieved individuals to seek redress personally for interference with their individual rights before the Association intervenes and commences enforcement action hereunder. No claim for any loss, damage or otherwise will exist by an aggrieved Owner or Resident against the Association for failure to enforce the provisions hereof if the aggrieved Owner or Resident has not personally pursued all available remedies against the violator for redress provided under Colorado law. 6. Specific unauthorized and unreasonable annoyances or disturbances shall include but not be limited to the following: a. any fighting, screaming, shouting, excessively loud talking, loud playing of music or television, raucous behavior or insobriety either outside of a Lot at any time or within a Lot if such conduct can be heard in the normal course of activities in any other Lot(s); b. the use of any alarm, equipment, or device, mechanical or otherwise, that creates or produces excessively loud sounds or any vibrations either outside of a Lot at any time or within a Lot if such sounds can be heard or vibrations felt in the normal course of activities in any other Lot(s), except for residence or car alarms that will turn off in a maximum of 15 minutes; c. any threatening or intimidating conduct towards any Resident, contractor, guest or pet in the Community; d. any conduct which in the Board s reasonable discretion creates any danger or risk of injury to others or damage to property in the Community or which creates any threat to health or safety of any other Resident or pet; e. any excessively loud play activities either outside of a Lot at any time or within a Lot if such conduct can be heard in the normal course of activities in any other Lot(s); 3

6 f. any conduct which creates any noxious or offensive odor either outside of a Lot at any time or within a Lot if such odors can be detected in the normal course of activities in any other Lot(s); g. any incessant or excessive pet noises including dog barking if such conduct can be heard in the normal course of activities in any other Lot(s); h. any construction or similar activities in a Lot that can be heard in other Lots between the hours of 9:00 p.m. and 7:30 a.m.; and i. using or allowing the use of the Lot or the Common Areas in any manner which creates noise between the hours of 10:00 p.m. and 7:30 a.m. which can be heard by persons in another Lot that will in the Board's sole discretion unreasonably interfere with the rights, comfort or convenience of any other Owner, members of the Owner s family, guests, invitees, or Residents. C. Patios, Balconies, Decks and Porches. 1. Patios, balconies, decks and porches must be kept in a clean and neat condition. Objects over 42 inches in height, laundry garments and objects other than potted plants, patio furniture and firewood are prohibited from being placed on a patio, deck, balcony or porch. 2. Firewood must not cover more than ¼ of the floor area of a patio, deck, balcony, or porch and must not be more than 4 feet high or blocking a door or exit way which may be used as a fire exit, must be at least 6 inches away from siding to prevent siding damage, and must not be stored underneath an elevated or raised deck or balcony. Stored firewood must be kept free of insects and rodents. 3. Objects may not hang over or be attached to any fence or otherwise protrude outside the vertical plane formed by the exterior surface of the fence. 4. No flammable, combustible or explosive fluids, chemicals, or substance shall be stored on patios, balconies, decks, and porches. 5. Operation of any open-flame or liquefied-petroleum-gas fueled cooking devices, such as barbecue grills, are not permitted with 10 feet of any combustible material or as otherwise determined by applicable state law and local ordinances. Electric barbecues/grills are permitted. D. Signs. 1. Except as permitted in the Governing Documents and as required by state law or legal proceedings, no signs, advertising posters, political placards or billboards of any kind shall be erected, placed, or permitted to remain in the Community without the prior written consent of the Board or its designee except as follows: a. One professional security sign not to exceed six inches by six inches in size may be displayed from within a residence on a Lot and one professional security sign not larger than one foot by one foot may be placed outside the residence on a Lot as long as no damage is done to irrigation lines; b. One professionally lettered "For Rent" or "For Sale" sign not to exceed five square feet in size may be displayed in a window of the residence of the Lot being offered for sale or lease; c. Political signs as permitted by Colorado law; and 4

7 is completed. d. Garage Sale signs are permitted, but must be removed when the sale 2. The Board shall have the right to erect reasonable and appropriate signs on behalf of the Association. 3. To protect damage to underground sprinklers, ground-penetrating signs must be inserted with extreme care. Damage caused to underground sprinkler lines or Common Elements will be the responsibility of the Owner. Signs must not be nailed or screwed into siding. E. Pets. 1. Owners and Residents may not keep any animals other than two generally recognized household pets on any portion of the Property outside their residences. 2. No pot-bellied pigs, chickens, venomous snakes, serval cats, wolf hybrids or dangerous animals may be brought into or kept in the Community at any time. purpose. 3. No Owner or Resident may keep, breed or maintain any pet for any commercial 4. No structure for the care, housing, or confinement of any pet shall be constructed or maintained on any part of the Common Areas or the Lots without the prior written approval of the Association. 5. Dogs staked on a Lot must be kept on a leash or other restraint not longer than seven feet. Except for dogs that are staked on a Lot as permitted herein or that are confined within a Lot by a fence, dogs must be kept on a leash not to exceed seven feet in length and be under the physical control of a responsible person at all times while outside of the residence. 6. Feces left by pets upon the Common Areas or on Lots including the pet owner s Lot, must be removed promptly by the owner of the pet or the person responsible for the pet. Owners will be responsible for the cost of any damage caused by pets residing in their Lot and such amounts will be collected as provided for in the Amended and Restated Declaration and the Association s collection policy. 7. The Board may require that any pet that in the Board's opinion endangers the health of any Owner or Resident or creates a nuisance or unreasonable disturbance, be permanently removed from the Community upon ten days written notice. If the Owner or Resident fails to comply with such notice, the Board may remove the pet or obtain a court order requiring the Owner or Resident to do so. F. Trash. 1. All rubbish, trash, and garbage shall be regularly removed from the Lot and shall not be allowed to accumulate therein. 2. No garbage or trash shall be placed on the Common Area or outside the residence on a Lot, temporarily or otherwise, except in trash cans with tops that are secured to keep animals and birds out. Rubbish, trash, and garbage shall be disposed of in appropriate sealed bags and either placed in the trash cans or placed (without a trash can) for collection or removal from the Community. 3. Trash cans stored on a Lot must be concealed from view of the street except from the evening on the day before collection to midnight on the day of collection. 5

8 4. Lots without garages should store trash receptacles on their back patios, balconies or inside fenced areas. Lots with garages should store trash receptacles inside their garages. 5. Each Owner or Resident shall keep their residence in a good state of preservation and cleanliness as provided in Amended and Restated Declaration. G. Antennas and Satellite Dishes. 1. Except as provided below, no satellite dish, antenna or other device for the transmission or reception of television signals, radio signals or any form of electromagnetic wave or radiation shall be erected, used or maintained on any portion of the Community including the Lot; however, the Association shall have the right to erect, construct and maintain such devices. The following shall apply to all Lot Owners: a. No transmission antenna of any kind may be erected anywhere in the Community including the Lots without written approval of the Board of Directors. b. No direct broadcast satellite (DBS) antenna or broadband radio service (BRS) antenna larger than one meter in diameter shall be placed, allowed or maintained upon a Lot. c. DBS and BRS satellite dishes or antennas one meter or less in diameter and television broadcast service antennas may only be installed in accordance with Federal Communication Commission (FCC) rules and the Amended and Restated Declaration and the Association s Rules and Regulations, both as may be amended from time to time. Such items shall be installed in the least conspicuous location available on the Lot that permits reception of an acceptable signal. Such items installed on a residence must be attached to the fascia or trim of the residence. If installed on any other Area of Common Responsibility, including the roof or siding, the Lot Owner will be responsible for the cost of the Association removing and replacing the dish or antenna to allow the Association to perform its maintenance obligations and for the cost of repairing any damage to the roof or siding. Any cable for a satellite dish or antenna must be concealed from view to the extent feasible. If a Lot including a satellite dish or antenna is transferred, the grantee shall assume all responsibility for the satellite dish or antenna and/or removal of such dish or antenna and shall comply with the Amended and Restated Declaration and the Rules and Regulations regarding satellite dishes and antennas including, but not limited to those requirements relating to maintenance and removal of satellite dish or antenna. H. Exterior Modifications. 1. All Owners are required to follow the architectural control procedures in Article 7 of the Amended and Restated Declaration prior to making any exterior change, alteration, improvement or construction to the Lot or structures on the Lot except as otherwise permitted under the governing documents and Colorado Law. 2. Window air conditioners are permitted without prior written approval of the Architectural Control Committee provided that no brackets are attached to the siding or placed on the roof. 3. Installation of athletic equipment to any part of the building s structure is prohibited. However, portable athletic equipment may be used on individual driveways provided that they are stored away when not in use. 4. Exterior lighting is encouraged and permitted with written approval of the Architectural Control Committee. Please be considerate of your neighbors so lights do not shine directly into someone else s windows. 6

9 5. Exterior storm or security doors are permitted with the written approval of the Architectural Control Committee. I. Maintenance Obligation and Failure to Maintain. 1. Under Article 5, section 5.1 and 5.2 each Owner is obligated to maintain and keep in good repair all portions of the Owner s Lot, which includes, but is not limited to: a. all glass surfaces; b. windows, window frames, casings, locks and window screens; c. all doors, doorways, door frames, and hardware; d. all pipes, lines, ducts, conduits, or other apparatus from the point that the equipment enters the Lot; e. any fireplace and chimney that serves only the Lot; f. stained concrete patios and stained walkways, decks, ramps, paver walkways and patios, balconies made with manmade material, and anything currently in or that has ever been in fenced areas; g. all foundations; h. exterior lights and light fixtures, including light bulbs, on the Lot; i. window wells appurtenant to the residence (must be maintained to a height that allows for proper drainage away from the building); j. hose bibs/water faucets on the exterior of the residence; k. all communications, television, telephone, cable and electrical lines, receptacles and boxes serving only the Lot, whether located within or outside the Lot boundaries; l. any portion of the heating and air conditioning systems including the furnace, air conditioning compressor and fan coil serving the Lot, whether located within or outside the boundaries of the Lot; m. fences and gates enclosing Lots, patios, decks or balconies (all fences must have gates), including staining or using other preservative on fences to a standard equal to the Association standard for painting buildings; n. the garage serving the Lot, the garage door (except painting the exterior surface of garage door) and garage door openers; o. any exterior improvements made to the Lot (even if the improvement extends into Common Area) by an Owner or the Owner s predecessor in title, including but not limited to patio extensions and modifications to the concrete patios originally installed; p. skylights; and q. hot water heaters and other in home appliances using water. 7

10 2. If the Board determines that any Owner has failed or refused to discharge properly the Owner s obligation with regard to the maintenance, repair or replacement of items of which he or she is responsible then the Association may enforce all rights and remedies permitted under the Amended and Restated Declaration or Colorado Law. For more information regarding maintenance obligations as an Owner or of the Association and enforcement procedures please refer to Article 5 of the Amended and Restated Declaration. J. Leasing. 1. The Stanton Farms Townhomes Community is intended to be an owner-occupied community. However, any Owner shall have the right to lease or allow occupancy of a Lot upon such terms and conditions as the Owner may deem advisable, subject to restrictions of the Amended and Restated Declaration, subject to restrictions of record, and subject to the following: a. Leasing or Renting for the purposes of the Amended and Restated Declaration is defined as regular exclusive occupancy of a Lot by any person other than the Owner. If an Owner occupies a Lot as the Owner s primary residence, occupancy by an Owner s roommate will not be considered leasing. b. Short term occupancies and rentals shall not be less than six months in duration without prior written consent of the Board, provided that no lease term may be for less than 30 days. c. All leases or rental agreements shall be in writing and shall provide that the leases or rental agreements are subject to all terms of the Governing Documents. The Association shall have the authority to require a particular lease form or addendum to implement the provisions of this section. Owners are required to provide tenants with copies of the current Declaration and any Rules and Regulations of the Association. d. Each Owner who leases the Owner s Lot will provide the Association, upon request, a copy of the current lease and tenant information including the names of all occupants, vehicle descriptions including license plate numbers, and any other information reasonably requested by the Association or its agents (rent amount may be redacted). e. Each Owner is strongly encouraged to conduct full background checks including credit and criminal reports for each lease applicant. f. All occupancies, leases and rental agreements of Lots shall state that the failure of the tenant, lessee, renter or their guests to comply with the terms of the Governing Documents shall constitute a default of the occupancy, lease or rental agreement and of the Amended and Restated Declaration and such default shall be enforceable by either the Association or the landlord or by both of them. g. All occupancies of Lots shall be subject to the right of the Association to remove and/or evict the occupant for failure to comply with the terms of the Amended and Restated Declaration, the Amended and Restated Bylaws of the Association, the Articles of Incorporation or the Rules and Regulations of the Association. If the Association requests that the Owner evict the Owner s tenant based on the terms of the Amended and Restated Declaration, and the Owner fails to commence such action within 30 days of the date of the Association s request and notice, the Association may commence eviction proceedings. Upon failure by the Owner to comply with the Association s request to evict, the Owner delegates and assigns to the Association, acting through the Board, the power and authority to evict the lessee as attorney-in-fact on behalf of and for the benefit of the Owner. If the Association evicts the lessee, any costs including, but not limited to reasonable attorney fees actually incurred and court costs associated with the eviction shall be an Assessment and lien against the Lot. 8

11 h. Leases shall be for or of the entire Lot. i. All Owners who reside at a place other than the Lot shall provide to the Association an address and phone number(s) where the Owner can be reached in the case of emergency or other Association business. It is the Owner s sole responsibility to keep this information current. THE LOT OWNER IS RESPONSIBLE FOR DISTRIBUTION OF THE RULES AND REGULATIONS TO ALL TENANTS. K. Enforcement. Any violation of the Rules and Regulations will be enforced according to the Association s Enforcement Policy and its Governing Documents. 9