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Amended Declaration Moving Forward
A Petition for Court Approval of Proposed Amended and Restated Declaration has been filed in the Arapahoe District Court. This is the final step in the long effort to update our Declaration of Covenants, Conditions and Restrictions for the Piney Creek Maintenance Association.
 
This action was necessary because the number of consents to amend the declaration in the 2010 vote fell short of the 75% mandated by the current declaration. This was not due to opposition to the amendment, but the low percentage of owners who voted. The authors of the current law anticipated voter apathy in these matters and provided a method to petition the court for approval with a lessor percentage.
 
Under Colorado Revised Statues this filing triggers a series of events.
  1. 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.
  2. 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. (Notices were sent 5/2)
  3. 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.

For more information and to see the documents click here

Hearing Date Has Been Set

The hearing will be held in Courtroom 204 (Judge Horton) of the Arapahoe County District Court located at 7325 S. Potomac Street, Englewood, Colorado on June 11, 2012 at 1:30 p.m.

Filing 8 Situation

The Board hoped to see the petition filed in early 2011 but suffered a major setback. While preparing the petition it became evident that Filing 8, the Meadows, was never properly annexed into the Maintenance Association. This issue and others with the commercial properties had to be resolved before the petition could be filed with court. To date 68 of the 76 owners in Filing 8 have voluntarily opted to become members of the Maintenance Association.