Filing #7.1 - The Overlook
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Please note that documents for the Overlook are contained on two pages:

Table of Contents          Top of page ONE          Top of page TWO

DISCLAIMER

The copies of the Declaration of Covenants, Conditions, and Restrictions of Piney Creek Maintenance Association, Inc., the Declaration of Covenants, Conditions, and Restrictions of Piney Creek Recreational Association, Inc., and the Protective Covenants for each neighborhood filing within Piney Creek are provided for convenience only.  No reliance should be placed on the reprint of these documents on this Internet site.  The actual recorded documents can be found at the office of the Clerk & Recorder for Arapahoe County located at 5334 S. Prince St., Littleton, CO 80120.

DECLARATION OF

CONDITIONS AND RESTRICTIONS

FOR THE OVERLOOK AT PINEY CREEK

TABLE OF CONTENTS

   

Page

RECITALS

 

1

DECLARATION

 

1

ARTICLE I

   
 

DEFINITIONS

 

2

 

1.01.

Association

2

 

1.02.

Board

2

 

1.03.

Cluster Area

2

 

1.04.

Common Driveway

2

 

1.05.

Courtyard Common Area

2

 

1.06.

CPI

2

 

1.07.

Declarant

2

 

1.08.

Declaration

2

 

1.09.

Dwelling Unit

2

 

1.10.

Improvement

2

 

1.11.

Lot

3

 

1.12.

Managing Agent

3

 

1.13.

Member

3

 

1.14.

Mortgage

3

 

1.15.

Mortgagee

3

 

1.16.

Natural Materials

3

 

1.17.

Notice and Hearing

3

 

1.18.

Owner

4

 

1.19.

Person

4

 

1.20.

Plans and Specifications

4

 

1.21.

Private Cul-de-sac

4

 

1.22.

Public Sidewalk Area

4

 

1.23.

Real Property

4

 

1.24.

The Overlook

4

ARTICLE II

   
 

SUBJECTION OF LAND TO THIS DECLARATION

 

4

 

2.01.

Reservation of Right to Expand

4

 

2.02.

Votes and Assessments

5

 

2.03.

Expansion of Definitions

5

 

2.04.

Liens and Taxes

5

 

2.05.

Time Limit on Expansion

5

ARTICLE III

   
 

BASIC BUILDING RESTRICTIONS

 

6

 

3.01.

Use of Property

6

 

3.02.

Board Approval

6

 

3.03.

Floor Space

6

 

3.04.

Height

6

 

3.05.

Exterior Surfaces

6

 

3.06.

Fences

6

 

3.07.

Landscaping

6

 

3.08.

Visual Obstructions at the Intersection of Streets

6

 

3.09.

New Construction

7

 

3.10.

Storage of Building Materials

7

 

3.11.

Occupancy During Construction

7

 

3.12.

Temporary Structures.

7

 

3.13.

Construction Activities

7

ARTICLE IV

   
 

USE RESTRICTIONS

 

8

 

4.01.

Single-Family Use Only

8

 

4.02.

Animals

8

 

4.03.

Antennas

8

 

4.04.

Transmitters

8

 

4.05.

Nuisances

8

 

4.06.

Unsightly Articles

8

 

4.07.

Signs

9

 

4.08.

Hazardous Activities

9

 

4.09.

Garages

9

 

4.10.

Garage Sales

9

 

4.11.

Restrictions on Parking

9

 

4.12.

Sprinkler System

9

 

4.13.

Leasing of a Lot

10

 

4.14.

Drainage

10

ARTICLE V

   
 

MAINTENANCE OBLIGATIONS OF OWNERS

 

10

 

5.01.

Improvements

10

 

5.02.

Failure to Maintain

10

ARTICLE VI

   
 

PROPERTY RIGHTS IN COURTYARD COMMON AREAS

 

11

 

6.01.

Owners' Easements of Enjoyment

11

 

6.02.

Delegation of Use

11

ARTICLE VII

   
 

FURTHER SUBDIVISION

 

11

ARTICLE VIII

   
 

UTILITIES

 

12

 

8.01.

Payment of the Cost of Utilities and Services

12

 

8.02.

Rules and Regulations

12

 

8.03.

Street Lighting

12

ARTICLE IX

   
 

EASEMENTS

 

12

 

9.01.

Courtyard Common Area

12

 

9.02.

Owners' Easements for Access

13

 

9.03.

Easements for Encroachment

13

 

9.04.

Utilities

13

 

9.05.

Easement for the Association

13

 

9.06.

Emergency Easement

13

 

9.07.

Easements Deemed Created

14

 

9.08.

Owners' Easements for Parking

14

ARTICLE X

   
 

COMMON DRIVEWAYS

 

14

 

10.01.

Sharing of Maintenance

14

 

10.02.

Damage or Destruction

14

 

10.03.

Failure to Pay

15

 

10.04.

Modification or Relocation

15

 

10.05.

Disputes

15

ARTICLE XI

   
 

THE ASSOCIATION

 

15

 

11.01.

Membership

15

 

11.02.

Voting Rights

15

 

11.03.

Organization and Purpose

16

 

11.04.

Specific Powers of the Association

16

   

(a)

Right of Entry and Enforcement

16

   

(b)

Fines

17

   

(c)

Contracts, Management and Other Services

17

   

(d)

Personal Property for Common Use

17

   

(e)

Conveyances

18

   

(f)

Long Term Financing

18

   

(g)

Control of Use of Private Cul-de-sacs

18

   

(h)

Disputes

18

   

(i)

Rules and Regulations

18

 

11.05.

Specific Duties of the Association

18

   

(a)

Ownership of Courtyard Common Area

19

   

(b)

Landscape Maintenance of Lots

19

   

(c)

Maintenance of Public Sidewalk Area

20

   

(d)

Assumption of Owners' Maintenance Obligations

20

   

(e)

Insurance

20

   

(f)

Assessments

20

   

(g)

Enforcement of this Declaration

20

   

(h)

Audit

21

   

(i)

Payment of Taxes

21

   

(j)

Availability of Records and Current Copies of Documents

21

   

(k)

Other

21

 

11.06.

Prohibitions

21

ARTICLE XII

   
 

ASSESSMENTS

 

22

 

12.01.

Agreement to Pay Assessments

22

 

12.02.

Basis of Annual Assessments

22

 

12.03.

Amount of Annual Assessments

22

 

12.04.

Notice of Annual Assessments and Time for Payment Thereof

23

 

12.05.

Special Assessments

24

 

12.06.

Uniform Rate of Assessment

24

 

12.07.

Working Capital Fund

24

 

12.08.

Assessments for Damages

25

 

12.09.

Late Charges and Interest

25

 

12.10.

Declarant's Obligation for Deficit

25

 

12.11.

Lien for Assessments

25

 

12.12.

Personal Obligation of Owner

26

 

12.13.

Statement of Account

27

 

12.14.

Notice to Mortgagees

27

 

12.15.

Setting of Special Assessment Limits, Fines, Late Charges and Other Fees

27

 

12.16.

Payment of Piney Creek Maintenance Association, Inc. Assessments

27

ARTICLE XIII

   
 

INSURANCE

 

28

 

13.01.

Types of Insurance to be Carried by the Association

28

   

(a)

Casualty Insurance

28

   

(b)

Public Liability and Property Damage Insurance

28

   

(c)

Workmen's Compensation and Employer's Liability Insurance

28

   

(d)

Fidelity Bonds

29

   

(e)

Other

29

 

13.02.

Form of Association Insurance

29

 

13.03.

Types of Insurance to be Carried by the Owners

29

ARTICLE XIV

   
 

CASUALTY DAMAGE AND DESTRUCTION

 

30

 

14.01.

Repair and Reconstruction

30

 

14.02.

Damage to Courtyard Common Area or Public Sidewalk Area

30

   

(a)

Sufficient Insurance Proceeds

30

   

(b)

Insufficient Insurance Proceeds

30

   

(c)

Decision Not to Rebuild

31

 

14.03.

Damage to Improvements on Lots

31

ARTICLE XV

   
 

CONDEMNATION OF COURTYARD COMMON AREA

 

32

 

15.01.

Proceeds

32

 

15.02.

Complete Taking

32

 

15.03.

Partial Taking

32

ARTICLE XVI

   
 

SPECIFIC RIGHTS OF DECLARANT

 

33

 

16.01.

Sale, Retention and Use of Lots by Declarant

33

 

16.02.

Approval of Amendments to Articles and Bylaws

33

 

16.03.

Special Amendments

33

 

16.04.

Change in Development Plan

34

ARTICLE XVII

   
 

ENFORCEMENT AND NONWAIVER

 

34

 

17.01.

Right of Enforcement

34

 

17.02.

Violation of Law

34

 

17.03.

Remedies Cumulative

34

 

17.04.

Nonwaiver

34

ARTICLE XVIII

   
 

REVOCATION AND AMENDMENT

 

35

 

18.01.

Revocation

35

 

18.02.

Amendment

35

   

(a)

During Period of Declarant Control

35

   

(b)

After Period of Declarant Control

35

ARTICLE XIX

   
 

GENERAL PROVISIONS

 

36

 

19.01.

Registration of Mailing Address Notices

36

 

19.02.

Notice and Quorum Requirements for Certain Meetings

36

 

19.03.

Payment of Taxes and Insurance by First Mortgagees

36

 

19.04.

Interpretation

36

 

19.05.

Severability

37

 

19.06.

Rule Against Perpetuity

37

 

19.07.

Numbers and Genders

37

 

19.08.

Warranty

37

 

19.09.

Successors and Assigns

37

 

19.10.

Captions

37

 

19.11.

Veterans Administration Approval

37

 

19.12.

Claims

37

 

19.13.

Declarant's Successors

37

 

19.14.

Cross—Default

38

EXHIBIT I

LEGAL DESCRIPTION OF THE PHASE 1 PROPERTY

 

EXHIBIT II

LEGAL DESCRIPTION OF THE COURTYARD COMMON AREAS, PHASE 1

 

EXHIBIT III

LEGAL DESCRIPTION OF THE ANNEXABLE PROPERTY

 

THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (hereinafter referred to as the "Declaration") is made this _____ day of __________, 1984, by Centex Homes Corporation, a Nevada corporation (hereinafter referred to as "Declarant").

R E C I T A L S:

A. Declarant is the owner of the real property located in the County of Arapahoe, State of Colorado and described on Exhibit I attached hereto and by this reference incorporated herein (hereinafter referred to as the "Real Property").

B. Declarant has prepared a plan of the surface of the ground of the Real Property, together with diagrammatic floor plans of the buildings and other improvements presently under construction thereon. Said plan envisions construction on the Real Property of a cluster home project containing forty-six (46) single family residences. Each single family residence is to contain a one-car or two-car attached garage and is to range in size from approximately 1,100 square feet to approximately 1,800 square feet.

C. Declarant contemplates the possibility of construction of a maximum of one hundred fifty-two (152) additional single family residences upon adjacent land owned by Declarant and, therefore, wishes to provide for expansion of this cluster home project to include such additional land and residences if and when constructed.

D. By subjecting the Real Property to this Declaration, it is the desire, intent and purpose of Declarant to establish a uniform plan for the development, improvement and sale of the lots within the Real Property, to enhance the desirability of living on the Real Property and to increase and preserve the attractiveness, quality and value of the lands and improvements therein.

E. This Declaration shall apply only to the Real Property and to such additional real property as has been hereafter subjected to this Declaration in the manner set forth below in Article II.

DECLARATION

NOW, THEREFORE, Declarant hereby declares that the Real Property is and shall henceforth be owned, held, conveyed, devised, encumbered, leased, improved, used, occupied and enjoyed subject to the following terms, covenants, conditions, easements, restrictions, uses, reservations, limitations and obligations, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of the Real Property. Declarant further publishes and declares that the following terms, covenants, conditions, easements, restrictions, uses, reservations, limitations and obligations shall be deemed to run with the Real Property as covenants running with the land and equitable servitudes enforceable at law or in equity, as the case may be, and shall be a burden upon the Real Property and be a burden upon and inure to the benefit of all parties having, acquiring or owning any right, title or interest in the Real Property or in any improvements located thereon, their grantees, successors, heirs, personal representatives, devisees and assigns, however said right, title or interest obtained.

ARTICLE I

DEFINITIONS

The following terms and phrases shall have the following meanings when used herein unless the context otherwise specifies or requires.

SECTION 1.01. Association . "Association" shall mean The Overlook Homeowners Association, the nonprofit Colorado corporation described in Article XI hereof and its successors.

SECTION 1.02. Board . "Board" shall mean the Board of Directors of the Association.

SECTION 1.03. Cluster Area. "Cluster Area" shall mean each area within The Overlook which is designated on any recorded subdivision plat of The Overlook as a "Block". Each Cluster Area shall be composed of those Lots on which Dwelling Units that have direct vehicular access thereto off of a common Private Cul-de-sac are located or will be located, together with the Courtyard Common Area adjacent to and associated with said Lots.

SECTION 1.04. Common Driveway. "Common Driveway" shall mean any driveway within The Overlook located on one or more Lots that provides access to two (2) Dwelling Units from the same Private Cul-de-sac.

SECTION 1.05. Courtyard Common Area. "Courtyard Common Area" shall mean each unit of land within The Overlook which is designated on any recorded subdivision plat of The Overlook as a "Tract" and which contains a Private Cul-de-sac. Each Courtyard Common Area shall be owned by the Association for the common use and enjoyment of the Owners of those Lots on which Dwelling Units that have direct vehicular access from the Private Cul-de-sac forming part of that Courtyard Common Area are or will be located and shall be associated with the aforesaid Lots. The Courtyard Common Areas to be owned by the Association at the time of the conveyance of the first Lot are described on Exhibit II attached hereto and by this reference incorporated, herein.

SECTION 1.06. CPI. "CPI" shall mean the Consumer Price Index for All Urban Consumers for Denver-Boulder, Colorado, for All Items, 1967=100, as published by the U.S. Department of Labor, Bureau of Labor Statistics, or if said index should ever cease being published, such reasonably similar index as may be designated by the Board.

SECTION 1.07. Declarant. "Declarant" shall mean and refer to Centex Homes Corporation, a Nevada corporation, and its successors and assigns if such successor or assign should acquire more than one (1) undeveloped Lot from the Declarant for the purpose of development and is designated as a successor Declarant by the Declarant.

SECTION 1.08. Declaration . "Declaration" shall mean this instrument as it may be amended from time to time.

SECTION 1.09. Dwelling Unit. "Dwelling Unit" shall mean the house which Declarant intends to construct and in fact constructs on a Lot for occupancy as a single-family residence and any alterations or replacements thereof.

SECTION 1.10. Improvement , "Improvement" shall mean every structure and all appurtenances thereto of every type and kind, including but not limited to buildings, outbuildings, patios, tennis courts, swimming pools, cabanas, garages, doghouses, mailboxes, aerials, antennas, roads, driveways, parking areas, fences screening walls, retaining walls, stairs, decks, landscaping, hedges, windbreaks, planting, planted trees and shrubs, poles, signs, exterior air conditioning, water softener fixtures or equipment, and poles, pumps, wells, tanks, reservoirs, pipes, lines, meters, towers, and other facilities used in connection with water, sewer, gas, electric, telephone, regular or cable television, or other utilities,

SECTION 1.11. Lot. "Lot" shall mean any unit of land which is designated on any recorded subdivision plat of The Overlook as a "Lot", with the exception of the Courtyard Common Areas.

SECTION 1.12. Managing Agent . "Managing Agent" shall mean the person, firm or corporation (except Declarant while there is a Class B Member pursuant to Section 11.02 of this Declaration) employed by the Association pursuant to Section 11.04(c) of this Declaration, and delegated any of the duties, powers or functions of the Association or the Board pursuant to said Section.

SECTION 1.13. Member . "Member" shall mean any person or entity who is a member of the Association.

SECTION 1.14. Mortgage. "Mortgage" shall mean a mortgage or a deed of trust, as the case may be, given on a Lot or the Courtyard Common Area to secure the payment of a debt, which mortgage or deed of trust is duly recorded in the real property records of Arapahoe County, Colorado. The term "Mortgage" shall also mean any executory land sales contract for a Lot wherein the Administrator of Veterans Affairs, an officer of the United States of America, is identified as the seller, whether or not such contract is recorded and whether such contract is owned by the Administrator or has been assigned to another and whether or not the real property records in the office of the Clerk and Recorder of the County of Arapahoe, Colorado, show the said Administrator as having the record title to the Lot.

SECTION 1.15. Mortgagee. "Mortgagee" shall mean a mortgagee under a mortgage or a beneficiary under a deed of trust, as the case may be, which mortgage or deed of trust is given on a Lot or the Courtyard Common Area to secure payment of a debt and is duly recorded in the real property records of Arapahoe County, Colorado. The term "Mortgagee" shall also mean the Administrator of Veterans Affairs, an officer of the United States of America, and his assigns under any executory land sales contract for a Lot wherein the said Administrator is identified as the seller, whether or not such contract is recorded and whether or not the real property records in the office of the Clerk and Recorder of the County of Arapahoe, Colorado, show the said Administrator as having the record title to the Lot.

SECTION 1.16. Natural Materials. "Natural Materials" shall mean stone, rock, finished or unfinished lumber, brick or other similar materials, but shall not mean cinder block, concrete block, stucco or metal siding. The determination as to whether any specific material constitutes a Natural Material as its use is proposed in a given structure in The Overlook shall be made by the Board.

SECTION 1.17. Notice and Hearing . "Notice and Hearing" shall mean ten (10) days' prior written notice given as in Section 19.01 of this Declaration provided and a hearing open to all Members at which the person to whom the notice is directed shall have the opportunity to be heard in person or by counsel at his expense.

SECTION 1.18. Owner. "Owner" shall mean the record owner, whether one or more persons or entities, of an aggregate fee simple title to any Lot which is part of The Overlook, including Declarant, but excluding those having such interest merely as security for the performance of an obligation.

SECTION 1.19. Person. "Person" shall mean a natural individual or any partnership, joint venture, corporation, unincorporated association, trust or other entity with the legal right to hold title to real property.

SECTION 1.20. Plans and Specifications. "Plans and Specifications" shall mean any and all documents designed to guide or control the Improvement or other proposal in question, including but not limited to those indicating size, shape, configuration or materials, all site plans, excavation and grading plans, foundation plans, drainage plans, landscaping and fencing plans, elevation drawings, floor plans, specifications on all building products and construction techniques, samples of exterior colors, plans for utility services, and all other documentation or information relevant to the Improvement or proposal in question.

SECTION 1.21. Private Cul-de-sac . "Private Cul-de-sac" shall mean each paved, cobbled or bricked courtyard and drive located within each Courtyard Common Area which provides vehicular access to Dwelling Units from dedicated streets.

SECTION 1.22, Public Sidewalk Area. "Public Sidewalk Area" shall mean and refer to the portion of the public right-of-way between the curb and the common property line between the Real Property and the public right-of-way of the streets, roads or cul-de-sacs shown on the Plat of Piney Creek No. 7 as dedicated or to be dedicated to the public (except for East Progress Drive), including without limitation the sidewalk, lawn, and other improvements or landscaping thereon.

SECTION 1.23. Real Property. "Real Property" shall mean that certain real property described on Exhibit I attached hereto, together with all easements appurtenant thereto.

SECTION 1.24. The Overlook. "The Overlook" shall collectively mean the Real Property and all Improvements located or to be located on the Real Property.

ARTICLE II

SUBJECTION OF LAND TO THIS DECLARATION

SECTION 2.01. Reservation of Right to Expand. Declarant, and other Persons with Declarant's written consent, hereby expressly reserve the right to submit in phases, from time to time, all or some of the additional real property described on Exhibit III attached hereto and by this reference incorporated herein, and the Improvements constructed or to be constructed thereon, to this Declaration. Upon the recording of a Notice of Addition of Land containing the provisions set forth below in this Article, the terms, covenants, conditions, easements, restrictions, uses, reservations, limitations and obligations contained in this Declaration shall apply to the added real property in the same manner as to the real property originally subject to this Declaration; and thereafter, such added real property, together with the Improvements constructed or to be constructed thereon, shall for all purposes be treated as an integral part of The Overlook and the rights, privileges, duties and liabilities of all Persons subject to this Declaration shall be the same with respect to all added real property as with respect to the real property originally covered by this Declaration. The Notice of Addition of Land referred to hereinabove shall contain the following provisions:

    (a) A reference to this Declaration, which reference shall state the date of recordation hereof and the Book and Page, and the reception number wherein this Declaration is recorded;

    (b) A statement that the provisions of this Declaration shall apply to the added real property as set forth herein;

    (c) An adequate legal description of the added real property; and

    (d) Declarant's written consent.

Improvements installed within areas to be added to this Declaration shall be substantially complete at the time of such addition and such Improvements shall be consistent with the initial Improvements in terms of quality of construction. No additional real property may be added to The Overlook without the prior written consent of the Veterans Administration if such entity holds, insures or guarantees any Mortgage at the time the real property is to be added. No other consent of Owners or Mortgagees shall be required.

SECTION 2.02. Votes and Assessments. When additional real property is subjected to this Declaration, the total number of votes in the Association available to be cast on any matter shall increase, reducing each Owner's vote in relation to all votes available to be cast. The votes appurtenant to Lots which constitute part of any such expansion of The Overlook, shall become effective upon substantial completion of the Improvements constructed or to be constructed on the added real property and the execution and submission to the appropriate government agencies of all documents necessary to add the expansion phase to The Overlook. The assessments against such Lots shall become effective in accordance with the terms of this Declaration upon the recording in the Arapahoe County, Colorado, real property records of the Notice of Addition of Land. The minimum number of Lots to be included in The Overlook shall be forty-six (46) Lots and the maximum number of Lots that may be included in The Overlook, as expanded, shall be one hundred ninety-eight (198) Lots.

SECTION 2.03. Expansion of Definitions. In the event of expansion of The Overlook, the definitions used in this Declaration automatically shall be expanded to encompass and refer to The Overlook as so expanded.

SECTION 2.04. Liens and Taxes . Any lien arising from ownership or construction upon real property added to this Declaration shall appertain only to such additional real property and shall not affect the rights of existing Owners or the priority of Mortgages on Lots or the Courtyard Common Area within the theretofore existing portion of The Overlook. All taxes, assessments, mechanic's liens and other charges relating to the real property to be added to this Declaration covering any period prior to the addition must be paid by or otherwise provided for by Declarant in a manner satisfactory to the Veterans Administration.

SECTION 2.05. Time Limit on Expansion. Declarant shall have until December 31, 1989 to expand The Overlook as herein provided. On January 1, 1990, Declarant's right to expand The Overlook shall expire.

ARTICLE III

BASIC BUILDING RESTRICTIONS

SECTION 3.01. Use of Property. Each Lot shall be used for residential purposes only and no structure shall be erected, placed or permitted to remain on any Lot other than one single-family residence.

SECTION 3.02. Board Approval. The Plans and Specifications, including the location and exterior colors and materials, of all Improvements must be approved in writing by the Board prior to commencement of any construction. The Board may issue rules and guidelines regarding matters relevant to this function, including but not limited to minimum standards and procedures for the submission of Plans and Specifications for approval. Such rules and guidelines must be strictly followed. Declarant is exempt from this requirement.

SECTION 3.03. Floor_Space. Each Dwelling Unit shall have a minimum of 800 square feet of interior floor space, exclusive of basements, garages, porches, patios, decks, balconies and overhangs.

SECTION 3.04. Height. No Dwelling Unit shall exceed two habitable stories in height, exclusive of basements and attics, nor shall any Dwelling Unit exceed thirty-five (35) feet in height measured from the highest ground level adjacent to such Dwelling Unit to the highest point of the ridge line of such Dwelling Unit.

SECTION 3.05. Exterior Surfaces. All exterior surfaces of any Dwelling Unit shall be of Natural Materials and of a color approved by the Board.

SECTION 3.06. Fences. No fence, wall or similar Improvement shall be erected, placed, installed or constructed within The Overlook without the prior written consent of the Board. No fence, wall or similar Improvement erected, placed, installed or constructed on the Real Property shall exceed six (6) feet in height. Declarant is exempt from the consent requirement of this provision.

SECTION 3.07. Landscaping