Rules Page
Updated Winter 2005

Buffalo Mountain's Rules and Regulations are found in the Amended and Restated Articles of Incorporation of Buaffalo Mountain Townhouse Owners' Association 1, Article XI.

Section 11.1 Restrictions Imposed. All of the Lots shall be held, conveyed, used, improved, occupied, owned, resided upon and secured, subject to the following provisions, conditions, limitations, restrictions, agreements and covenants, as well as those contained elsewhere in this Declaration. These are general in nature and the Board shall have the power to adopt, amend, repeal and enforce more specific and restrictive design and architectural guidelines and rules and regulations as the Board deems to be reasonable and necessary to carrry out the intent of this Article.

Section 11.2 Business Use Restrictions The following use restrictions apply to all Lots:

A. The use of each Lot is restricted to that of a single family residence and accessory uses as permitted herein. A single-family residence is defined as a single housekeeping unit, operating as a residence with a common kitchen and dining area. No business, trade, professional or commercial activities ("business activity") of any kind may be conducted in or from any Lot except that an Owner or tenant residing in a dwelling unit may conduct such business activity within the dwelling unit so long as:

(1) No Lot or dwelling unit shall be used primarily for or devoted to business, trade, professional or commercial enterprise, nor shall improvements devoted to such purposes be erected or used on any Lot or in any dwelling unit.

(2) The existence or operation of the business activity is not apparent or detectable by sight, sound, or smell from the exterior of the dwelling unit, and does not increase traffic.

(3) The business activity conforms to all zoning requirements for the property.

(4) The business activity is consistent with the residential character of the Common Interest Community and does not constitute a nuisance or hazardous or offensive use, determined in the sole discretion of the Board of Directors.

B. The terms "business, trade, professional or commercial" and "business activity" shall be construed to have their generally accepted meanings and shall include, without limitation, any occupation, work, or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the provider's family and for which the provider receives a fee, compensation, or other consideration, regardless of whether such activitiy is engaged in full or part time, generates a profit, or requires a license.

C. Uses described as "day care" or "child care" facilities (licensed or unlicensed) are expressly prohibited.

Section 11.3 Occupancy and Use Restrictions. The following occupancy restrictions apply to all Lots:

A. Lots and dwelling units shall not be permitted to fall into disrepair; and shall be kept and maintained in a clean, safe, attractive and sightly condition and pursuant to all rules and regulations.

B. Garages are restricted to occupancy and use by the residents of the dwelling unit.

C. No immoral, improper, offensive or unlawful use may be made of a Lot. Owners and tenants or other occupants shall comply with and conform to all applicable laws and regulations of the United States, the state of Colorado and all other governmental ordinances, rules and regulations; violations thereof shall be a breach of these Articles, subject to enforcement by the Association. Determination of whether an activity violates this covenant shall be at the sole discretion fo the Board of Directors or other committees and shall be subject to the rules and regulations adopted by the Board.

D. No noxious, offensive, dangerous or unsafe activity shall be conducted in or on any Lot, nor shall anything be done, either willfully or negligently, which may be or become a resonable annoyance or nuisance to the other Owners or their tenants or other occupants. No Owner or tenant or other occupant shall make or permit any disturbing noises nor do or permit anything to be done by others that will interfere with the rights, comforts or convenience of other Owners or tenants or occupants. Habitually barking, howling or yelping dogs shall be deemed a nuisance.

E. Except as may be approved in writing by the Board of Directors, nothing shall be done or kept wich may result in a material increase in the rates of insurance or would result in the cancellation of any insurance maintained by the Association.

F. Pets may not be kept for any commercial purposes. Any pet causing or creating a nuisance or unreasonable disturbance or noise shall be permanently removed from a Lot upon five (5) days' written notice following notice and hearing from the Board of Directors. Owners and tenants and other occupants shall hold the Association harmless from any claim resulting from any action of their pets. The right to keep household pets may be regulated by rules and regulations issued by the Board, and shall be coupled with the responsibility to pay for any damage caused by such pets, as well as any costs incurred by the Association as a result of such pets, and any such costs and damages shall be subject to all of the Association's rights with respect to the collection and enforcement of assessments as provided in these Articles. When on the premises, pets must be kept on a leash.

G. If, due to the act or neglect of an Owner or tenants or other occupants, loss or damage shall occur or be caused to any person or property within the Common Interest Community, such Owner or tenant or occupant shall be liable and responsible for the payment of same. The amount of such loss or damage, together with costs of collection and reasonable attorney's fees, if necessary may be collecteed by the Board of Directors after notice and hearing, from such Owner as a Common Expense Assessment against such Owner in accordance with Section 10.3. Determination with responct to whether or not a particular activity or occurrence shall constitute a violation shall be made by the Board of Directors and shall be final.

H. Each Owner shall keep their Lot at all times in a neat and clean condition.

I. Recreational or business vehicles, including but not limited to, trailers of any kind, campers (including camper shells and motor homes), buses, vans, boats or boat accessories, and trucks larger than three-quarter (3/4) ton (as defined by Colorado Department of Motor Vehicles), self contained and other motorized recreational vehicles, all terrain vehicles, any other vehicle clearly designed or designated by the manufacturer or the Owner thereof (through signage or accessories) to be a commercial or recreational vehicle, even though it may be licensed by a state as a passenger vehicle, shall not be parked, placed, stored or maintained anywhere within the Common Interest Community except in emergencies or as a temporary expedience for loading or unloading. Any vehicle may be towed by the Assoiciation if it is in violation fo any City, County or State regulation or these Articles or rules and regulations adopted by the Board. The Board may adopt and enforce additional rules regarding parking, and those rules shall have the same force and effect as these restrictions. These restrictions, however, shall not restrict trucks or other business vehicles which are necessary for construction or for the maintenance of the Lots or any improvements located thereon.

J. No abandoned or inoperable vehicle of any kind shall be stored or parked within the Common Interest Community. An "abandoned or inoperable vehicle" shall be defined as any vehicle which has not been driven under its own propulsion for a period of seventy two (72) hours or longer, of which does not have an operable propulsion system installed therein.

K. If the Association shall determine that a vehicle is parked, stored or used in violation of this Section 11.3, then a written notice describing said vehicle shall be conspicuously placed upon the vehicle and if the vehicle is not removed within a reasonable time thereafter, as determined by the Association in its discretion from time to time, the Association shall have the right to tow the vehicle at the sole expense of the Owner of the vehicle or the Lot.

L. No activity such as, but not limited to , maintenance, repair, rebuilding, dismantling, repainting or servicing of any kind of vehicle, trailer or boat, may be performed or conducted on any Lot. The foregoing restriction shall not be deemed to prevent washing and polishing of any motor vehicle, boat, trailer, motor-driven cycle, or other vehicle, together with those activities normally incident and necessary to such washing and polishing.

M. No signs, window display or advertising visible from outside a Lot shall be maintained or permitted in any part of a Lot , unless in conformance with rules adopted by the Board.

N. The Board may establish and enforce penalties for the infraction of any rules, including, without limitation, the levying and collecting of fines for the violation of any of such rules.

Section 11.4 Restriction on Multiple Ownership and Time-share Estates

A. There shall be no multiple owership of any individual Lot. Multiple ownership, for purposes of this Section, shall mean ownership by more than four Onwers of any fee, equitable or leasehold interest in any Lot, not including, however, any security interest.

B. No Member, or combination of Members, shall directly or indrectly with regard to the Lot owned, or in which they have an ownership interest, use or permit said Lot to be used, or convey, lease or divide, for, or so as to create, a "time-share estate" as hereafter defined. For purposes of this restriction, "time-share estae" shall mean: