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 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 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
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 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 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 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 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 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 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 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.
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.
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
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.