Ponderosa Townhome Association

Transcription

1 Ponderosa Townhome Association First Amendment to the Declarations Updated for clarity March 2007 COLORADO PROPERTY MANAGEMENT GROUP, INC SOUTH PARKER ROAD, SUITE 105 AURORA, CO (Office) (Fax)

2 FIRST AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PONDEROSA TOWNHOMES SUBDIVISION FILING NO. 1 Located in the Northwest Quarter of Section 19, Township 4 South, Range 66 West of the 6th Principal Meridian, in the City of Aurora, Arapahoe County, Colorado, and being a resubdivision of the South feet of In the Pines subdivision. This First Amendment is executed as of May 22, 1978 by PONDEROSA TOWNHOMES NO. 1 ASSOCIATION, INC., a Colorado nonprofit corporation (the "Association"). A. Pursuant to Section 12.3 of the Declaration of Covenants, Conditions and Restrictions executed March 9, 1978 (the "Declaration"), this First Amendment has been adopted by a unanimous vote of the members of the Association. B. The following terms are detined in Article III of the Declaration and they shall have the same meaning in this Amendment: Board (Section 3.1) Board of Directors (Section 3.1) Common Facilities (Section 3.2) First Mortgagee (Section 3:5) Lot (Section 3.6) Owner (Section 3.7) Properties (Section 3.8) THEREFORE, Section 4.4 and Article X of the Declaration are amended to read as follows: 4.4 Insurance. The Association shall obtain and maintain, to the extent obtainable, the following insurance: (a) Fire insurance with extended coverage, in an amount equal to the full replacement value of the improvements and structures at any time constituting part of the Common Facilities, without deduction for depreciation. The fire insurance shall have an inflation guard of 2.5 percent per quarter. Full replacement cost shall be determined annually by the Association. Public liability insurance in the amount of $500,000 combined single limit including bodily injury and property damage as well as personal injury to $500,000 per occurrence limit. The policy shall also cover contractual liability and independent contractor liability to policy limits on any basis. Harold E. Moran Construction Co., Inc. ("HEMCO") shall be an additional named insured for so long as HEMCO owns any of the lots. (c) Such other insurance as the Association's Board of Directors may determine from time to time. Article X General Covenants and Restrictions 10.1 Party Walls. (a) Each wall which is built as a part of the original construction of the townhomes upon the Properties and placed, on the dividing line between two Lots shall constitute a 1

3 party wall, and to the extent not inconsistent with the pro-visions of this Article, the general rules of law regarding party walls and liability for property damage due to negligence of willful acts or omissions shall apply thereto. (c) (d) (e) (f) Each Owner of a party wall shall have the right to use it in common with the other Owner but not in such a way as to interfere with the other Owner's use. Each shall have the exclusive right to use the interior surface of his side. The encroachment of any such wall on either adjacent Lot is hereby licensed, for as long as such wall shall stand. The cost of reasonable repair and maintenance of a party wall shall be shared by the Owners who make use of the wall, in proportion to such use. If a party wall is destroyed or damaged by fire or other casualty, any Owner who has used the wall may restore it, and if the other Owner thereafter makes use of the wall, he shall contribute to the cost of restoration thereof in proportion to such use, without prejudice, however, to the right of any such Owner to call for a larger contribution from the other under any rule of law regarding liability for negligent or willful - acts or omissions. Notwithstanding any other provision of this Article, an Owner who by his negligent or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. The right of any Owner to contribution from any other Owner under this section shall be appurtenant to the land and shall pass to such other Owner's successors-in title; 10.2 Insurance. The Board on behalf of the Association at its common expense shall at all times keep all buildings of the townhome development of Ponderosa Townhomes Subdivision described in Section 1.1 of the Declaration (the "Ponderosa") insured against loss or damage by fire, or other disaster. The insurance shall be in the name of the Association as trustee for all Owners and First Mortgagees according to the loss or damage to their respective townhomes and appurtenant common interests. The insurance proceeds shall be payable in case of loss to the bank or trust company designated by the Board to take custody and oversee the disposition of the proceeds of the insurance. The Association shall maintain true copies of the insurance policies or current certificates of the policies. Each Owner shall have the right to obtain insurance on the contents of his townhome, but no owner shall obtain insurance on the structure of the townhome. If loss or damage occurs, all insurance proceeds shall be used as soon as reasonably possible by the Association for rebuilding, repairing or otherwise reinstating the damaged buildings of Ponderosa in a good and substantial manner according to the original plan or such modified plans conforming to laws and ordinances then in effect which shall be first approved as provided in Section The Association at its common expense shall make up any efficiency in the insurance proceeds. If the insurance proceeds exceed the cost of repair and reconstruction of the damaged buildings, the excess shall form part of the general funds of the Association. Every policy of insurance shall: 1. Provide that the policy may not be cancelled (whether or not requested by the Association) except by the insurer giving at least 30 days, prior written notice to the Association and every other person in interest who shall have requested such notice of the insurer; 2

4 2. Contain a waiver by the insurer of any right of subrogation to any right of the Association or Owners against any of them or any other persons under them; and 3. Contain a standard mortgage clause which shall: (a) Provide that any reference to a mortgagee in the policy shall mean and include all holders of a mortgage or deed of trust on any Lot in their respective order and preference, whether or not named in the policy; (c) (d) Provide that the insurance as to the interest of any mortgagee shall not be invalidated by any act or neglect of the Association or owners or any persons under any of them; Waive any provision invalidating the mortgage clause by reason of the failure of any mortgagee to notify the insurer of any hazardous use or vacancy, any requirement that the mortgagee pay any premium thereon, and any contribution clause; and Provide that, without affecting any protection afforded by the mortgage clause, any proceeds payable under the policy shall be payable to the bank or trust company designated by the Board as trustee to receive and expand insurance proceeds Architectural Control. No building, fence, wall or other structure shall be commenced, erected or maintained upon any Lot, nor shall any exterior addition, alteration or change of materials or colors be made thereto until plans and specifications showing and describing the same in reasonable detail shall have been submitted to and approved in writing by the Board of Directors of the Association or by an architectural committee composed of three or more Owners appointed by the Board. The Committee or the Board shall specifically have the power to reject plans and specifications upon aesthetic grounds. They shall have no obligation to justify or explain their decisions, which shall not be subject to review by any court, official or administrative body. In the event said Committee or Board fails to approve or disapprove such plans and specifications within thirty days after they are submitted to it, approval will not be required, this Article will be deemed to have been fully complied with and construction may proceed, but only in accordance with such plans and specifications Declarant's Use. Notwithstanding any other part of this instrument, Declarant, its successors and assigns, agents, contractors, subcontractors and employees shall have the right during the period of construction of improvements on and sale of the Lots, to maintain upon such portion of the Properties as Declarant may consider to be reasonably required, convenient or incidental to said construction and sale including but without limitation, a business office, storage area, construction yards, signs, model units and sales office Use Restrictions. (a) All utilities, fixtures and equipment installed within a residence on any Lot, commencing at a point where the utility lines, pipes, wires, conduits or systems enter the exterior boundary line of the Lot, shall be maintained and kept in repair by the Owner thereof. No Owner shall perform any act or work or allow any condition to exist which will adversely affect the other Owners or impair any of their easements or hereditaments. 3

5 (c) (d) (e) (f) (g) (h) (i) (j) (k) Without prior written approval and authorization of the Board of Directors, no exterior television or radio antennas of any sort shall be placed, allowed or maintained upon any portion of the improvements to be located upon the Properties, or upon any structure situated thereon except one or more master antennas installed by the Association, if it shall elect to do so. Refuse piles or other unsightly objects or materials shall not be allowed to be placed or to remain upon the Properties. All landscaping on any Lot shall be maintained to at least the same standard as landscaping on the Common Facilities. The Association shall - have the right to enter upon any Lot and remove such refuse piles or other unsightly -L. objects or materials, or perform' landscape maintenance, at the expense of the Owner responsible therefor. Such entry shall not be deemed a trespass if three days' prior notice shall have been given to the Owner, and the Owner shall have failed to remedy the nonconforming condition. No Lot or easement shall be used or maintained as a dumping ground for rubbish: Trash, garbage or other waste shall be disposed of in a sanitary manner, pursuant to rules and regulations adopted by the Association and shall not be stored on any visible part of any Lot, except pursuant to such regulations. No commercial type vehicles, trucks, mobile homes or large recreational vehicles shall be parked on the Properties except while engaged in transport. For the purposes of this covenant, a 3/4-ton or smaller vehicle, commonly known as a pickup truck, shall not be deemed to be a commercial vehicle or truck. No freestanding mailbox shall be erected unless approved by the Architectural Committee. The Properties are intended solely for single-family residential use. Consequently the Lots and the Common Facilities may be used solely for residences for Lot Owners, their immediate families, guests and lessees. No portion of any Lot or Common Facilities shall be used for any commercial or industrial, office, retail, hotel, restaurant or other nonresidential use, or for multifamily residential use. No Owner shall install or maintain any sign except signs of a size and kind approved by the architectural committee either setting forth the street address of a Lot or advising that a given Lot is for sale or for rent. Each Owner shall' maintain his Lot and the building and improvements thereon in a clean and sanitary condition. No Owner shall do any act or work that will impair the structural soundness or integrity of the building or impair any easement. Each Owner will water, fertilize, cut, trim and prune all grass, shrubs, flowers and trees on his Lot. No portion of any Lot may at any time be resubdivided into a tract smaller than the original Lot as shown on the plat of the Ponderosa Townhomes Subdivision Filing No. 1. No Owner shall keep any vicious dog, persistently barking dog or other dangerous animal or any animal causing noises or odors reasonably objectionable to the owners of other Lots. 4

6 (l) (m) (n) (o) No Owner shall violate the applicable building, zoning or other laws or ordinances relating to the use of the land, permissible improvements or related matters. Any such violation shall constitute a breach of these covenants giving rise to the remedies herein described regardless of the action or inaction of any governmental body. No Owner shall cause or permit any noise, odors or glare which are perceptible outside of the exterior walls of his own building and which are reasonably objectionable to any other Owner. No outdoor clothes lines, exposed garbage containers or incinerators may be installed or maintained. No temporary structure or buildings including, but without limitation, trailers, mobile homes, tents or shacks, shall be used or placed upon any Lot except as provided in S1C.4. The Board of Directors is authorized to adopt rules and regulations relating to the parking of vehicles on the Common Facilities. Such rules shall assure the utilization of parking spaces by all Owners in a fair and equitable manner and shall prohibit the use of parking areas for storage of motor vehicles, boats, trailers, campers, housetrailers, or any other object, vehicle or equipment Maintenance of Building Exteriors. The Association shall perform the maintenance of the exterior surfaces of the buildings on each Lot of Ponderosa. Normal maintenance shall consist of the upkeep of the exteriors of the building against the effects of normal weathering and shall include such things as painting and roof repair. Normal maintenance shall be performed by the Association at its common expense. Any extraordinary maintenance required to preserve the structural integrity and attractive appearance of the exteriors of the buildings on any Lot shall be performed by the Association and the costs thereof shall be paid by special assessment of the Owners of the Lots involved Easements. (a) Each Lot and the Common Facilities shall be subject to an easement for encroachments created by construction, settling and overhangs, and for utilities and utility services, as designed or constructed by the Declarant or the Association and for the maintenance of same. Each Lot and the Common Facilities shall be subject to an easement for the maintenance of the exteriors of the buildings thereon by the Association or persons designated by the Association to perform the maintenance. Except as above amended, the Declaration shall remain in full force and effect. IN WITNESS WHEREOF, the Association has caused its corporate name and seal to be hereunto signed and affixed by its duly authorized officers. By: PONDEROSA TOWNHOMES NO. 1 ASSOCIATION, INC. Harold E. Moran ATTEST: DOROTHY CRIBBS SECRETARY 5

7 STATE OF COLORADO ) ) ss. COUNTY OF ARAPAHOE ) The foregoing instrument was acknowledged before me this 22 nd day of MAY, 1978 by HAROLD E. MORAN as President and DOROTHY CRIBBS as Secretary of Ponderosa Townhomes No. 1 Association, Inc. Witness my hand and official seal. My commission expires: JAN 10, 1981 LINDA J. CAULTER Notary Public 6