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Covenants, Conditions & Restrictions

Declaration of Covenants
Declarant hereby makes, declares, and establishes the covenants, restrictions , and easements set forth herein which shall affect the Property. This Declaration shall run with the Property and shall be binding upon all persons and entities having any right, title, or interest in and to the Property or any part thereof, their heirs, successors and assigns and their tenants, employees, guests, and invitees and shall inure to, and be for, the benefit of each Owner of a Lot within Powder Ridge.
Statement of Purpose
This declaration is imposed for the benefit of all Owners and future Owners of Lots located within the Property and to provide for the preservation of values of Powder Ridge, and to help preserve, protect, and enhance the natural beauty of the development.
Subdivision of Property
The Property shall be subdivided and platted as Powder Ridge Development in successive phases as approved and recorded in Mesa County, Colorado.
Assessments shall mean annual, special and default assessments levied pursuant to the Association Documents to meet the estimated cash requirements of the Association.
Design Guidelines
Design Guidelines shall mean those guidelines. rules. and regulations published from time to time by the Design Review Committee. All design Guidelines shall be consistent with the provisions of this Declaration.
Design Review Committee
Design Review Committee shall mean the Committee formed pursuant to this Declaration to maintain the architectural harmony of Improvements in Powder Ridge.
Improvements shall mean all buildings, structures, parking areas. loading areas, fences, walls, driveways, signs. changes in exterior color or shape, excavation, site work, grading, landscaping, road construction and utilities installed on or under a Lot or other part of the Property.
Lot shall mean a parcel of land designated as a Lot on any Plat of the Property and reserved for a specific purpose.
Maintenance Fund
Maintenance Fund shall mean the fund created by Assessments and fees levied pursuant to Article IV below to provide the Association with funds required to carry out its duties under this Declaration.
Member shall mean any person or entity holding membership in the Association.
Mortgage shall mean any mortgage, deed of trust or other document pledging any portion of the Property as security for the payment of any indebtedness.
Open Space
Open Space shall mean all real property designated as Open Space on any plat of Powder Ridge which is to remain unimproved, natural open areas after completion of all platting for phases in accordance with the Official Development Plan of Powder Ridge as approved by Mesa County, Colorado. This Open Space will include certain Easements, as recorded on approved Plats, for the purpose of pedestrian access and circulation within the Property.
Owner shall mean the record owner, whether one or more persons or entities, of fee simple title to any Lot or parcel within the Property; provided, however, that prior to the first conveyance of any Lot , Owner shall mean DecJarant.
Plat shall mean the successive Plats of the Property as filed in the records of Mesa County, Colorado, and as such Plats may be amended, enlarged or revised from time to time.
Associationshall mean Powder Ridge Homeowners Association, or any successor thereof charged with the powers, duties, and obligations set forth herein.
Property shall mean and include the Property described on attached Exhibit A which is subject to this Declaration. As Powder Ridge is developed in successive filings, Property shall include all land made subject to this Declaration.
Subdivision shall mean all of the Property subdivided and platted in successive phases, including amendments, as filed in the records of Mesa County, Colorado pertaining to Powder Ridge.
Trail Network
Trail Network shall mean areas specified on the Plats designated for pedestrian circulation and skier access. These trails may be comprised of portions of Open Space, Common Area, and/or Easements across private Lots.
Voting Unit
Voting unit shall mean any one of the interests in the Property designated in this document, to which a right to vote in the Association is allocated.
Wetlands shall mean the naturally occurring wet areas delineated and shown on the recorded Plats.
Association Documents
Association Documents shall mean this Declaration of Protective Covenants, the Plats, the Articles of Incorporation and Bylaws of the Association, the Design Guidelines and any procedures, rules, regulations or policies adopted thereunder by the Association or the Design Review Committee.
Board of Directors (or Board)
Board of Directors, or Board shall mean the Board of Directors of the Association duly elected and acting according to the Articles of Incorporation and Bylaws of the Association.
Building shall mean anything constructed or erected with a fixed location on the ground and having a roof supported by columns or walls.
Building Envelope
Building Envelope shall mean the area within a Lot shown on the Plat within which a building or other improvement shall be located, subject to the prior written approval of the Design Review Committee. The location of a Building Envelope is based on required setbacks and shall be changed only according to Section 5 .4 below.
Building Site
Building Site shall mean the designated location shown within each Building Envelope where a building or other improvement shall be located. The location of a Building Site shall be change only after approval in writing by the Declarant or the Design Review Committee.
Common Area
Common area shall mean the real property in which the Association owns an interest for the common use and enjoyment of all of the Members, their tenants, guests and invitees.
Declarant shall mean Powder Ridge Development of Colorado, Inc. its representatives, successors and assigns.
Establishment of Association
Powder Ridge Homeowners Association, Inc., a Colorado non-profit corporation, shall have all powers vested in subdivision property owners associations under Colorado law and shall be governed by and shall exercise all the duties, privileges, obligations and powers set forth in this Declaration, the Design Guidelines and the Articles of incorporation and the Bylaws of the Association. The Association shall have responsibility to monitor and enforce compliance with deed restrictions, design guidelines and other provisions regarding the use and occupancy of the Property.
Ownership of Real and Personal Property for Common Use
The Association, through action of its Board of Directors. may acquire, hold, and dispose of tangible and intangible real property and personal property. The Board, acting on behalf of the Association, shall accept any real or personal property, leasehold, or other property interests within the Property and conveyed to the Association by Declarant.
Dedication of Common Area
Declarant shall hereafter deed to the Association certain parts of the Property as Common Area intended for common use by the O¼ners in Powder Ridge. The designated areas are dedicated to the common use and enjoyment of O\\ners, and their families, tenants, guests and invitees, and not to the use of the general public.
Association Responsibilites
The Association shall be responsible for the management and control of the Common Area dedicated under Section 3.2 above and all improvements on the Common Area, and shall keep it in good, clean, and attractive condition and repair consistent with the terms and conditions of this Declaration.
Each Owner shall be a member of the Association. Membership shall be appurtenant to and may not be separated from Ownership of any Lot. No Owner. whether one or more persons or entities. shall have more than one membership per Lot Owned, but all persons owning each Lot shall be entitled to the rights of membership and the use and enjoyment appurtenant to the ownership of each Lot.
Termination of Membership
The right of membership in the Association and the status as a Member shall terminate upon the termination of status as an Owner. Upon conveyance, sale or assignment of the Owners interest. the selling Owner shall be relieved ofliability for the assessments from and after the date of such sale or conveyance; provided, however, that no such sale or conveyance shall relieve any Owner of liability arising prior to the date of such sale or conveyance.
Voting Rights
All Owners within the Subdivision shall be Members of the Association. The Owner of each Lot shall be entitled to one vote in the Association. The vote for each Lot shall be exercised by the Owner, and, when more than one person or entity holds an interest in a Lot, the vote for that Lot shall be exercised as the Owners . may determine among themselves, but the vote for the Lot shall be cast by only one person. The Declarant, or any successor of Declarant, shall be entitled to one vote per Subdivision Lot as recorded on successive Plats, until such Lot has been sold and conveyed for the first time.
Compliance with Documents
Each Owner shall abide by and have the benefit from the provisions, covenants, conditions and restrictions contained in the Association Documents.
Rules and Regulations
The Association shall from time to time adopt, amend and repeal rules and regulations to be known as the "Powder Ridge Rules and Regulations" governing , among other things, and without limitation: See Rules and Regulations 3.8.1-7. A copy of the Powder Ridge Rules & Regulations in effect shall be distributed to each Member of the Association, and any change in the Powder Ridge Rules & Regulations shall be distributed to each Member within a reasonable amount of time following approval.
Rules and Regulations 3.8.1
The use of any property owned or controlled by the Association.
Rules and Regulations 3.8.2
The use of Open Space.
Rules and Regulations 3.8.3
The use of all Easements shown on the Plats.
Rules and Regulations 3.8.4
The use of all roads within the Property.
Rules and Regulations 3.8.5
Repair, maintenance, and upkeep of all property owned by the Association and any Property under the jurisdiction of the Association.
Rules and Regulations 3.8.6
Standards for the repair. maintenance. upkeep, and use of all Lots and all improvements. buildings, grounds, and landscaping situated upon such Lots within the Subdivision.
Rules and Regulations 3.8.7
Any other matter relating to Powder Ridge not prohibited by law or the Association Documents.
Cooperation with Powderhorn Metropolitan Districts
In the interest of mutual benefit to both parties, the Association shall cooperate with The Powderhom Metropolitan Districts and the adjacent Wildewood Subdivision to economically provide their respective services to Owners. It is contemplated that the Declarant and/or the Association may contract for services with the Powderhorn Metropolitan Districts. As such, all Owners are bound by such contracts and agree to abide by the terms of such agreements including, but not limited to, the future annexation into the Metropolitan District as set forth in Section 5.8.1.
Creation of a Lien
Each Owner of any Lot, by acceptance of a Deed therefor, whether or not it shall be so expressed in any Deed, is deemed to covenant and agree to pay to the Association: (I) All regular Assessments or charges; and (2) any special Assessments or charges; and (3) any default Assessments or charges, all of which shall be fixed, established and collected as determined by the Association. The annual, special and default Assessments, together with interest, costs, and reasonable attorney's fees. shall be a charge and continuing lien upon each such assessed Lot until paid. Each such Assessment, together with interest, costs and reasonable attorney's fees, shall be the personal obligation of the Owner of such Lot at the time when the Assessment became due.
Purpose of Assessment
The Assessments levied by the Association shalt be used for the following:
Purpose of Assessment 4.2.1
Any costs and expenses pertaining to the operation of the Association in the performance of its duties and the exercise of its powers.
Purpose of Assessment 4.2.2
Acquisition, rental, maintenance, operation, and improvement of any real or personal property or other facility for the use or benefit of the Owners.
Purpose of Assessment 4.2.3
Any maintenance, repair, or improvement required to be made to the Common Area, including, but not limited to, taxes, insurance, reserve accounts, and the cost of labor, equipment, materials, management and supervision.
Budget: Annual Assessments
The Board of Directors shall prepare a budget prior to the beginning of each fiscal year of the Association and prior to the commencement of each fiscal year, the Board shall adopt a budget and shall determine, levy, and assess the Association's annual Assessments for the following year.
Special Assessments
In addition to the annual Assessments authorized in Section 4.3 above, the Board of Directors may levy in any fiscal year one or more special Assessments, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction, repair or replacement of a described capital improvement on the Common Area, or to make up any shortfall in the current year's budget. Notice of the amount and due dates for such special Assessments shall be sent to each Owner at least thirty days prior to the due date.
Rate of Assessment
Both annual and special Assessments must be fixed at a unifonn rate for each Lot. All regular and special Assessments shall be allocated equally among all Lots.
Default Assessments
Any expense of the Association which is the obligation of an Owner or which is incurred by the Association on behalf of an Owner, shall be a default Assessment and shall become a lien against such Owner's Lot and may thereafter be foreclosed or otherwise collected as provided herein. Notice of the amount and due date of such default Assessment shall be sent to the Owner subject to such Assessment at least thirty days prior to the due date.
Non-Payment of Assessments
Any Assessment whether annual, special, or default Assessment. which is not paid within thirty days of its due date shall be deemed delinquent. In the event that any Assessment becomes delinquent, the Association, in its sole discretion, may take one or more of the following actions:
Non-Payment of Assessments 4.7.1
Assess a late charge of at least 10% of the amount due per delinquency.
Non-Payment of Assessments 4.7.2
Assess an interest charge from the date of delinquency at the rate of eighteen percent (18%) per annum or at such other rate as the Board shall set.
Non-Payment of Assessments 4.7.3
Suspend the voting rights of the Owner during any period of delinquency.
Non-Payment of Assessments 4.7.4
Bring an action against any O\.\ner personally obligated to pay the delinquent Assessment.
Non-Payment of Assessments 4.7.5
File a Statement of Lien, with respect to the Lot and the amount due and owing, and foreclose such lien in the manner prescribed by law.
Successors Liability for Assessment
In addition to the personal obligation of each Owner to pay all Assessments and the Association's lien on a Lot for such Assessments, all successors to the ownership of a Lot shall be jointly and severally liable with the prior Owner for any and all unpaid Assessments, interest, costs, expenses and attorney's fees against each Lot.
Exempt Properties
The following portions of the Property shall be exempt from the Assessments. charges and liens created under this Declaration:
Exempt Properties 4.9.1
All properties. to the extent of any easement, dedicated and accepted by Mesa County, Colorado. and devoted to public use.
Exempt Properties 4.9.2
All utility line and easements.
Exempt Properties 4.9.3
The Open Space and Common Areas.
General Description
The Property shall be used only for the purposes set forth in these Covenants, as permitted by the applicable ordinances of Mesa County, Colorado, and the laws of the State of Colorado and the United States, and as set forth in the Association Documents and associated amendments affecting all or part of the Property.
Trails Use
Designated trails within the Property, as identified and recorded on the Plats, are designed for pedestrian circulation and skier access within the Property, adjacent properties and the Grand Mesa National Forest. These trails shall be used exclusively for walking, running, skiing, and biking. No motorized conveyances of any kind shall be allowed on such trails, except as may be necessary by Declarant or the Association for construction and/or maintenance purposes.
Animals and Pets
No animals shall be kept or maintained within the Property except usual domestic household pets. Such household pets shall be confined to the Owner's Lot or controlled on a leash. Pedestrians 'hi thin the property who are accompanied by dogs must have the dogs under the pedestrians direct control by use of a leash. All cats shall be confined indoors. No barking or vicious dogs shall be permitted within the Property. The Association shall have the authority and responsibility to enforce the provisions of this Section 5.11 by all reasonable means, including the impoundment of pets running at large or otherwise in violation hereof. Household pets shall at all times be prevented from chasing, injuring or otherwise disturbing any of the many species of wildlife found on the Property or in the surrounding Grand Mesa National Forest.
Wildlife Protection
No hunting, shooting, trapping or otherwise killing, harassing or harming of wildlife shall be permitted within the Property, it being the intent hereof to conserve and protect all wildlife to the fullest extent possible. In addition, reasonable care shall be taken not to interfere with movement or migration of wildlife through the Property. The Property is located in known Bear Habitat. To help reduce potential conflicts, Owners shall utilize "Bear-proof' trash containers and store barbecue grills in a garage or other enclosed area. Bird feeders or other potential food sources should be removed if bears are reported or observed in the immediate area. A ''Living with Wildlife in Bear Country" brochure from the Colorado Division of Wildlife will be provided to each Lot Owner. Human/wildlife conflicts shall be reported to the Association and/or the Colorado Division of Wildlife.
Parking and Storage
Parking of vehicles on a Lot is permitted only within designated parking spaces within the Building Envelope. No more than two motor vehicles shall be stored outside on any Lot. All other vehicles and all other implements. motorized and non-motorized. shall be parked or stored only in an enclosed garage. Parking on public access or entrance roads. except in any designated areas is prohibited. No motorized vehicles of any kind shall be kept, stored, or used on any area designated as Open Space on approved plats. Any traffic flow markings and signs regulating traffic and/or parking on the Property shall be strictly observed. These restrictions shall not prohibit commercial and construction vehicles from making deliveries or otherwise providing service to the Property or for the initial construction by Declarant or the other Owners.
Hazardous Activities
No activities shall be conducted on any Lot and no Improvements shall be constructed on any Lot which are. or might be, unsafe or hazardous to any person or property. Without limiting the generality of the foregoing, no firearms. archery equipment, or fireworks shall be used or discharged within the Property. No open fires shall be lighted or permitted except in a contained pit, barbecue unit or appropriate receptacle while attended and maintained for safety, or in a safe and well-designed interior fireplace or stove. No Owner shall permit any condition which creates a fire hazard or is in violation of fire prevention regulations.
Wildfire Prevention
It is the obligation of each Owner to take reasonable care to prevent wildfires. In order to help minimize wildfire hazards:
Wildfire Prevention 5.15.1
The Owner shall reduce wildfire hazards based on the "Fire Prevention Guidelines" of the Colorado State Forest Service. Current printed materials will be provided to each Lot Owner.
Wildfire Prevention 5.15.2
All slashings, branches. limbs, stumps, roots and other flammable construction debris shall be disposed of from the Building site by chipping or removal prior to occupancy.
Wildfire Prevention 5.15.3
The area within each Building Envelope shall be kept clear of dead limbs, dry vegetation, and other ground litter. Grasses and other vegetation should be thinned and cut low to the ground, especially around and beneath trees.
Wildfire Prevention 5.15.4
All firewood shall be stacked uphill of all Buildings.
No signs or advertising devises of any kind shall be erected or maintained on any portion or the Property except as necessary to identify an address, to advertise a Lot for sale, or as otherwise necessitated by law. All signs are subject to approval by the Design Review Committee. Declarant reserves the right to erect signs associated with the sales and marketing program for the Subdivision.
Wetlands and Drainages
The Wetlands. as delineated and recorded on the Plats. and all natural drainages occurring anywhere on the Property. shall not be disturbed or altered in any way, except to keep them clear of trash or other debris. No Owner shall do or permit any work, construct any Improvements. or place any landscaping within 50 feet (SO.foot Setback) of any Wetlands or which shall alter or interfere with the naturally occurring drainage pattern, except for rights reserved to Declarant in connection with the approved development plan for the Property.
Existing Vegetation
All design and construction on the Property will preserve the natural terrain, existing topsoil, trees, and other naturally occurring plants. The cutting of live trees is strictly limited to the Building Site and approved entrances and driveways for each Lot. Following construction of roads, driveways, houses, and other Improvements, weeds shall be controlled, and disturbed ground shall be reclaimed and re-vegetated using naturally occurring species.
Lights, Sounds, and Odors
All exterior lighting shall be designed and directed as approved by the Design Review Committee and the Design Guidelines. No light shall be emitted from any Lot which is unreasonably bright or causes unreasonable glare. All exterior lights are limited to the immediate area surrounding the Buildings, shall be shielded to reduce glare and shall be directed downward. Light poles, light standards and "ranch lights" are prohibited. No s0W1d shall be emitted on any Lot which is unreasonably loud or annoying and no odor shall be emitted on any Lot which is noxious or offensive to others.
No Building shall be approved or constructed within the Property unless the foundation for such Building has been designed, based on site specific geotechnical considerations, by a Colorado licensed structural engineer. Furthermore, all construction on each Building site shall follow recommendations outlined in the "Geotechnical Investigation for Powder Ridge Subdivision," a copy to be provided to each Owner.
Residential Lots
Powder Ridge residential Lots shall be used only for the following:
No fences, railings or hedges of any type shall be constructed , grown or maintained on the perimeter of any Lot or in any manner that impedes the movement of wildlife within the Property. Fences of any type are discouraged and are strictly limited to the area within each Building Site, in connection with associated Buildings, and as approved by the Design Review Committee.
Residential Lots 5.2.1
One single-family residence containing Living Area of no less than 1200 square feet. Maximum square footage of a single-family residence is 4000 square feet and is subject to approval by the Design Review Committee based on Lot size, slopes, and other building constraints associated with each individual Lot.
All camping, including tents, RV's, and motorhomes, within the Property is restricted to Owner's personal Lot and is subject to such rules and regulations as the Association or its Board may adopt from time to time. Non-motorized temporary structures, except as may be approved for construction purposes, are not permitted.
Residential Lots 5.2.2
One Garage of no more than 500 square feet, which may be attached or detached from the residence, and is in proportionate size to the residence.
No trash, garbage or other refuse shall be thrown or dumped on any area within the Property. There shall be no burning or disposal of refuse on any Lot. Each Owner shall provide suitable receptacles for the temporary storage and collection of refuse, and all such receptacles shall be screened from public view and from animal disturbances through the use of "Bear-proof Containers·• as defined and recommended by the Colorado Division of Wildlife. See Section 5.12.
Residential Lots 5.2.3
No part of a Building shall be higher than 35 feet above the natural grade directly below that part of the Building. No part of a Building constructed between the foot and the crest of a slope shall be higher than 35 feet above the natural slope of the hill directly below that part of the Building. Buildings on hillsides shall be designed to accommodate the natural slope so as to minimize impact to the Lot and adjacent Lots. Hillsides shall not be adapted to a Building designed for a flat site.
The Owner of a residential Lot shall have the right to lease the single-family residence thereon. Every lease shall provide that any failure of lessee to comply with any provision in the Association Documents shall be a default under the lease. The Owner shall be responsible for any violation of any provision in the Association Documents by Owner's lessee.
Residential Lots 5.2.4
In the event that an Owner owns two adjacent Residential Lots and desires to combine both Lots into a single building site, the Owner may do so subject to compliance with the provisions of Section 5.4 below.
Partititon of Lots
No Lot may be partitioned, separated or subdivided from any other part thereof.
Building Envelope 5.4
All Buildings and other Improvements of any kind on a Lot shall be constructed entirely within the specified Building Envelope, except for a single approved access point and connected driveway. In the event that an Owner owns two adjoining Residential Lots and desires to change the location of the Building Envelopes for both Lots to reflect a single Building Envelope for the combined usage of both Lots. the Owner may do so subject to compliance with the following conditions:
Building Envelope 5.4.1
By appropriate land covenant or other recorded document, the Owner shall commit, agree and covenant that both Residential Lots shall be treated as a single Lot for the purpose of compliance with the Declaration of Covenants, except as to Association voting and Assessments.
Building Envelope 5.4.2
The Owner shall apply for and obtain approval from the Design Review Committee for the change of the Building Envelope.
Building Envelope 5.4.3
The Owner shall apply for and obtain written approval from Mesa County for a replat changing the Building Envelope.
Building Site 5.5
All Buildings on Lots shall be located at the recommended Building Site marked on each Lot and designated on the "Building Sites" drawing as a numbered circle. Buildings on each residential Lot, or on combined residential Lots, may be located at a revised Building Site only with the written approval of the Design Review Committee. Declarant retains the right to alter and/or relocate any Building Site on any Lot prior to Declarant's conveyance of such Lot to a third party. All Buildings on Lots shall be located outside of any specified setbacks or any easements shown on the Plats. No Buildings or Improvements of any kind shall be located or constructed in a manner which adversely impacts Wetlands and/or designated Open Space or interferes with natural drainages.
Approval by Design Review Committee and Mesa County
No Building or Improvement shall be constructed on any Lot nor shall any Building or Improvement be altered or demolished except as approved by the Design Review Committee and Mesa County, Colorado.
Design Guidelines 5.7
All Buildings and Improvements shall comply 'with the tenns. conditions. definitions and objectives as set forth in the Powder Ridge Design Guidelines.
Utility Services
All utilities shall be installed underground. Utility easements. as recorded, are reserved for the nonexclusive use of Declarant, the Association and/or their assignees. No Improvements, except for utilities, shall be constructed within such utilities easements. Declarant shall provide primary utility service lines located in the road right-of-way and/or designated utility easements. Each Lot Owner shall be provided with a specific "point-of-connection" for each utility service. Each Lot Owner is individually responsible for all costs associated with connecting to utility services at these points. These costs include, but are not limited to, the cost of any road cuts and/or repairs associated with the utility connections.
Water and Sanitation 5.8.1
Each structure designed for occupancy shall connect with water and sewer services as shall be made available by any approved entity, including, but not limited to, the Powderhorn Metropolitan Districts. Acceptance by a Grantee of a Deed or other instrument of conveyance from the Declarant or any other Owner conveying any portion of the Property shall constitute appointment of the Association as the Grantee's attorney-in-fact for the purpose of negotiation and execution of any contract for the provision of services from, or annexation into. the Powderhorn Metropolitan Districts for the purposes of provision of water, sewer or other utility services from such Districts.
Wells 5.8.2
No well from which water, oil, or gas is produced shall be dug on any Lot within the Property except as approved by the Association and the appropriate State and County agencies. However, the foregoing shall not prevent the drilling or installation of additional water facilities by the Declarant or his assigns, so long as such installation is within the boundaries of areas designated for such purposes on the Plats.
Electrical and Telephone 5.8.3
All electrical and telephone service will be placed underground and shall be provided by duly certified public utility companies.
Irrigation 5.8.4
Irrigation within the Property is limited to water specifically designated for such purposes. Potable water sources are not intended for irrigation purposes, except for temporary use for the re-vegetation of areas disturbed during construction.
Easements for the installation and maintenance of utilities and drainage and other purposes are reserved as shown on the recorded Plats. Within these Easements, no Building . Improvement. planting or other material shall be placed or permitted to remain which may damage or interfere \,\,ith the installation and maintenance of utilities, or which may change, obstruct or retard the flow of water in and through drainage channels in Easements. The easement area of each Lot and all improvements in it shall be maintained continuously by the Owner, the Association, or the appropriate public authority or agency.
Design Review Committee 6.1
There is hereby established a Design Review Committee which shall be responsible for the establishment and administration of Design Guidelines to carry out the purposes and intent of this Declaration. The Committee shall be composed of no less than three and no more than five persons, who need not be members of the Association. All of the members of the Committee shall be appointed, removed, and replaced by Declarant in its sole discretion, until such time as the Declarant owns or controls less than twenty-five per cent ( 25 %) of the Lots within the boundaries of the recorded Plats. At that time, the Board of Directors of the Association shall succeed to the Declarant's right to appoint, remove, or replace the members of the Committee.
Limitation of Liability
The Design Review Committee shall use reasonable judgment in approving or disapproving all plans and specifications submitted for review and approval. Neither the Declarant, the Board of Directors of the Association, the Design Review Committee, nor any member, agent, or employee thereof, shall be liable to any party for any action, or for failure to act, with respect to any matter1 if the action taken or failure to act was in good faith and without malice.
Permits and Licensing
Compliance with the design review process is not a substitute for compliance with building regulations. Each Owner is responsible for obtaining all approvals, licenses, and permits required by Mesa County, Colorado, any Special District, or other approved service provider, prior to starting construction, alteration or demolition of any Building or Improvement.
A majority of the Design Review Committee Members shall constitute a quorum, and all decisions of the Design Review Committee shall be by majority vote of the members present, and shall be in writing.
Design Guidelines & Rules
The Committee may adopt, establish, and publish from time to time Design Guidelines which shall be a Powder Ridge Document. The Design Guidelines shall include all design requirements for the construction of any Building or Improvement upon any Lot within the Property. The Design Guidelines shall not be inconsistent with this Declaration, but shall more specifically define and describe the design standards for Powder Ridge. Compliance v.ith the Powder Ridge design review process is not a substitute for compliance with Mesa County building, zoning, and subdivision regulations.
Review and Approval
No Building or Improvement. including entrances and driveways. shall be commenced, constructed. erected. remodeled or maintained on any Lot until the plans and specifications thereof have been submitted to. and approved in writing by, the Design Review Committee as hereafter set forth.
Purpose of Review
The Design Review Committee shall consider the suitability of the proposed Building(s) or Improvements and. in particular. the harmony of the Building or Improvement with the environment. the effect of the Building or Improvement on the utilization and view of the Lot and surrounding Lots and the Property, and placement of the Building or Improvement with respect to topography, drainage, snow removal, ground elevations and existing natural features, and compliance with the Design Guidelines.
General Requirements 6.6.1
All Buildings shall have unobtrusive. primarily earth-tone, colors and materials that blend with the surrounding natural terrain and environment. No exterior walls shall consist of sheet metal, metal material, T-111 or any similar material, composition shingles, or unplastered cement or cement block. No bright colors, or other construction techniques, which would unnecessarily call attention to any Building shall be permitted.
General Requirements 6.6.2
Modular housing, manufactured housing, mobile homes and buildings of similar design and construction shall not be permitted.
General Requirements 6.6.3
Log homes, timber frame homes and buildings with natural wood and stone exteriors are specifically encouraged.
General Requirements 6.6.4
All exterior trim and flashing shall be non-reflective and shall be in colors which blend with surrounding terrain and foliage.
General Requirements 6.6.5
All roofs shall have a pitch of not less than 6: 12 and not greater than 12: 12. Non-reflective metal roofs are specifically encouraged. Wooden shake shingles are not permitted. However, roofs composed of other fire-resistant materials appropriate to a mountain environment will be considered by the Design Review Committee. Roof colors shall be medium to dark tones that blend with the natural surroundings.
Submittal Procedure
Plans and specifications submitted for review shall show the nature. kind, shape, height. materials. floor plans, location within the Building Envelope, exterior color scheme, grading. drainage, erosion control. and all other information necessary for the Design Review Committee to properly consider and make a determination. All applications shall be submitted in writing. together with a complete set of plans. and all decisions of the Design Review Committee shall be in writing. All submittals shall include a check payable to the "Powder Ridge Association" in the amount of $ 250. to cover costs associated with the review process. The amount of this submittal fee is non-refundable and may be changed by the Committee from time to time.
Approval Process
The Design Review Board shall review each application and issue a decision within thirty-five days after receipt of a complete application with all accompanying data. In the event that the Committee fails to take action and issue a decision within the thirty-five (35) day period, the application shall be deemed to have been approved. The Design Review Committee may approve, disapprove, or approve with conditions any application submitted to it.
Final Decision
The decisions of the Design Review Committee shall be final. It is the intention of these Covenants not to create inflexible rules for rules sake but to create a good living environment for the residents of Powder Ridge. In the event of disapproval, the Committee shall work with the applicant to revise and correct the submittal materials so as to secure approval.
Violations Deemed a Nuisance
Every violation of this Declaration, the Articles and Bylaws of the Association or any rules and regulations adopted by the Association shall be deemed a nuisance and is subject to all remedies provided for the abatement thereof.
Each Owner or other occupant of any part of the Property shall comply with the provisions of the Powder Ridge Documents as may be amended from time to time.
Failure to Comply
The failure to comply herewith shall be grounds for an action to recover damages, for injunctive relief, for specific performance, or for any other relief available in law or at equity. Thirty days (30) notice and an opportunity to be heard shall be provided by the Association to any Owner prior to commencing any legal proceedings, except proceedings pertaining to a threat to the safety of persons or property.
Who May Enforce
Any action to enforce any provisions of the Association Documents, or any other covenant or restriction regarding the use of Lots or the occupancy of any Buildings, may be brought by the Declarant, by the Association, by individual Owners.
No Waiver
The failure of the Declarant, the Association, or any other Owner to enforce or obtain compliance as to any violation of the Association Documents, shall not be deemed a waiver of the right to do so for any subsequent violation or for the right to enforce any part of such Documents.
No Liability
No member of the Board of Directors, the Declarant, the Design Review Committee, or any other Owner shall be liable to any other Owner for failure to enforce any of the Powder Ridge Documents at any time.
Recovery of Costs
The prevailing party in any legal action to enforce any provision of the Association Documents shall be entitled to recover all costs incurred in connection with such action, including reasonable attorney· s fees , or if suit is brought, as may be determined by the court.
Duration of Covenants
The term of this Declaration of Covenants, and any amendments or supplements thereto, shall be from the date of recording in the records of Mesa County, Colorado and until December 31, 2010. Thereafter, this Declaration shall be automatically extended for successive periods of ten years each, unless otherwise terminated or amended as hereinafter provided.
This Declaration or any part thereof may be modified, amended. or repealed upon the written consent by the Owners holding sixty per cent (60%) of the votes in the Association subject to any required approval by Mesa County, Colorado. Any such amendment shall be by an instrument duly executed by the President and Secretary of the Association and recorded in the records of Mesa County, Colorado.
Amendment by Declarant
Notwithstanding the provisions of Section 8.2 above, the Declarant reserves the right and power to modify or amend this Declaration and /or the Plats in any respect, by executing and recording such amendment in the records of Mesa County, Colorado. This right to modify or amend this Declaration, or the Plats, in whole or in part shall be effective until sixty per cent (60%) of all Lots, as recorded in successive phases, have been conveyed by recorded instrument to a person or persons other than Declarant.
Notice of Amendment
Except in the case of amendments made by Declarant pursuant to Section 8.3 above. no amendment of this Declaration shall be effective unless a written notice of the proposed amendment is sent to every Owner at least sixty (60) days in advance of any action taken and such Owner has been given an opportunity to vote or to give consent thereto.
Mortgage Holder Approval Not Required
The Declaration and/or Plats may be amended as set forth in Sections 8.2 and 8.3 above, and such amendment shall be effective against the holders of Mortgages encumbering Lots, notwithstanding the fact that such holders of Mortgages have not approved such amendment.
This Declaration, to the extent possible, shall be construed so as to give validity to all the provisions hereof. If any provision of this Declaration is determined to be invalid, unenforceable or prohibited by any court, the same shall not affect any other provision or section hereof and all other provisions and sections shall remain in full force and effect.
In interpreting words herein, 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.
The headings on any section or article are included only for purposes of convenient reference and shall not affect the meaning or interpretation of this Declaration.