This version of the Amended and Restated Covenants has been annotated to provide additional information and detail regarding the proposed changes.
4/17/12 Update
On 4/16/12 the association attorney filed a Petition for Court Approval of the proposed Amended and Restated Declaration. Under Colorado Revised Statues this filing triggers a series of events.
- Within 3 days of filing the petition the court is required to schedule a hearing to take place at least 45 and no more than 60 days after the filing.
- No later than 10 days after the date for the hearing is set the association will send a notice of the petition to all owners.
- At the hearing the court will grant the petition if several conditions are met. One condition is that that no more than 33% of the owners have filed written objections to the proposed declaration with the court prior to the hearing.
4/30/12 Update
The hearing has been set for June 11, 2012. The notice of the hearing to the homeowners will be placed in the mail by May 4th.
Recent Changes to the Amended and Restated Declaration
During the course of the amendment process, the Association discovered a few issues that related back to the original development of the community that require slight adjustments to the proposed Amended and Restated Declaration. The changes to the proposed Amended and Restated Declaration are not made by the Board’s choice—they are made to reconcile the language of the proposed Amended and Restated Declaration to what exists in the Association’s community. Furthermore, the document has been adjusted to reflect the fact that not one of the filings received enough votes to abolish their Protective Covenants applicable to their filing.
A summary of these issues is as follows:
- It was discovered that the entire Filing No. 8 (the “Meadows”) was never annexed (made subject) to the Association’s original declaration. In the meantime, the Association contacted the 76 lot owners in the Meadows and has provided them a ratification agreement to sign that would make their properties subject to the original declaration. To date, 68 owners of the 76 have signed and returned this ratification agreement. The proposed Amended and Restated Declaration has been modified to reflect this reality.
- It was discovered that Tract N of Filing No. 13 was subdivided into four lots through the recording of the Plat of Filing NO. 14. Three of these lots are used for commercial purposes and one is owned and used by a local water provider for infrastructure related to its provision of water to the community at large.
- Filing No. 16 was added to the scope of the proposed Amended and Restated Declaration. This filing includes the commercial spaces on the south side of Orchard Road.
The changes to the proposed Amended and Restated Declaration are not made by the Board’s choice—they are made to reconcile the language of the proposed Amended and Restated Declaration to what exists in the Association’s community. Furthermore, the document has been adjusted to reflect the fact that not one of the filings received enough votes to abolish their Protective Covenants applicable to their filing.
