Farmer's Grove
The Farmer's Grove Association, Inc. ("Association") has adopted
these Regulations ("Regulations") pursuant to the Declaration of
Covenants, Conditions and Restrictions dated as of the 9`h day of April, 2001
and recorded with the Summit County, Colorado Clerk and Recorder on April
9th, 2001 at Reception No. 650379, as it may be amended from time to time,
("Declaration"), and pursuant to C.R.S. § 38-33.3-302. All
capitalized terms used herein and not otherwise defined shall have the meanings
given to them in the Declaration.
1. Signs and Flags. No sign, notice, or other advertisement shall be placed
in any window, on any deck, balcony or patio, or on any entrance door of or
to any Residential Unit, except as set forth in this Paragraph. In addition,
the Association may provide uniform guidelines for signs advertising Units
for sale.
A. An Owner or occupant is allowed to display one political sign per political
office or ballot issue with the maximum dimensions of such sign limited to
the lesser of: (a) 36" by 48" inches, or (b) the maximum size allowable
by any applicable local ordinance that regulates the size of political signs
on residential property. Any political sign shall be displayed only in a window
of the Owner's Unit and shall not be displayed earlier than forty-five (45)
days before an election, or later than seven (7) days after an election day.
B. An Owner or Occupant may display an American flag in a window of the Owner's
Unit, or on any balcony, deck or patio appurtenant to the Owner's Unit, only
if the American flag is displayed in a manner consistent with the applicable
sections of the federal flag code and does not exceed 36" by 48".
C. An Owner or Occupant may display a service flag bearing a star denoting
the service of the Owner or Occupant, or a member of the Owner's or Occupant's
immediate family in the active or reserve military service of the United States
during a time of war or armed conflict, on the inside of a window or door
of the Unit. The maximum size of a service flag shall be 9" by 16".
2. Emergency Vehicle Parking. The Association shall not prohibit the parking
of a motor vehicle in the community if the Owner or Occupant of the Unit is
required by its employer to have the vehicle at his residence during designated
times, and:
A. The vehicle weighs less than 10,000 pounds;
B. The Owner or Occupant is a bona fide member of a volunteer fire department,
or is employed by an emergency service provider;
C. The vehicle bears an official emblem or other visible designation of the
emergency service provider; and
Parking of the vehicle will not obstruct emergency access or interfere with
the reasonable needs of the other Owners or Occupants to use parking areas
and driveways within the Project.
3. Enforcement of Association's Documents. The Board of Directors shall have
the power and duty to hear and make decisions regarding violations and written
complaints filed with the Board of Directors and impose fines or other sanctions,
pursuant to this policy. The Board of Directors may determine enforcement
action on a case by case basis, and take other actions as it may deem necessary
and appropriate to assure compliance with the Declarations, Articles of Incorporation,
Bylaws, and any rules,
regulations and policies promulgated thereunder (hereafter collectively the
"Association's Documents"), and to create a safe and harmonious
living environment.
A. Complaint. A proceeding to determine if the Association's Documents have
been violated and any enforcement measures and remedies that may apply shall
be initiated by the filing of a written complaint with or by the Board of
Directors. The complaint shall state the specific provision(s) of the Association's
Documents alleged to have been violated and as many specifics as are available
as to time, date, location and persons involved including the name of the
complainant.
B. Notice of Violation; Demand for Abatement. Upon receipt of a complaint,
the Association shall determine that the allegations in the complaint are
sufficient to constitute a violation of the Association's Documents and that
if action is warranted, the Association shall send a notice.
The Association will send a notice ("Demand for Abatement") to the
Owner, by certified mail, return receipt requested addressed to the mailing
address of the Respondent on file in the records of the Association at the
time of such mailing. The notice shall advise the Owner of the following:
(1) the alleged violation; (2) the action required to abate the violation;
(3) a time period, not less than ten days, during which the violation may
be abated without further sanction, if such violation is a continuing one,
or a statement that any additional similar violation may result in the imposition
of a sanction after notice and hearing, if the violation is not continuing.
C. Notice of Hearing. At any time within twelve months of date of the Demand
for Abatement, if the violation continues past the period allowed in the Demand
for Abatement without penalty or if the same violation subsequently occurs,
the Board or its agent, not less than ten (10) days before the date of any
hearing, shall mail the Owner a written notice of a hearing ("Notice
of Hearing") to be held by the Board of Directors. The Notice of Hearing
shall contain: (a) the nature of the alleged violation; (b) the date, time
and place of the hearing, which time shall not be less than ten days from
the date of the Notice of Hearing; (c) an invitation to attend the hearing
and produce any statement, evidence, and witness on his or her behalf; and
the proposed sanction to be imposed; and (d) shall contain the following statement:
The Board of Directors may determine that the Owner's failure to respond or
appear at the hearing constitutes a no-contest plea to the complaint, and
enforce the provisions of the Association's Documents.
D. Hearing and Fine. The hearing shall be held pursuant to the Notice of Hearing
affording the alleged violator or a representative a reasonable opportunity
to be heard. Each hearing shall be open to attendance by all Members of the
Association. If the Board of Directors determines by a majority of the Directors
present at the hearing that a violation occurred, the Board of Directors may
assess a reasonable fine, not to exceed $300, suspend the Owner's voting rights
for a period not
exceed sixty days, or both, and shall provide the Owner with written notice
of its action. If the Owner does not pay the fine within thirty (30) days
after receipt of the notice, the fine shall accrue interest at eighteen percent
(18's) annually, and shall become a statutory lien upon the Owner's unit,
without the necessity of recording a lien, pursuant to C.R.S. § 38-33.3-316.
E Decision. If the Owner appears at the hearing or provides a written response,
after all testimony and other evidence has been presented to the Board of
Directors at a hearing, the Board of Directors shall render its decision(s),
taking into consideration all of the relevant facts and circumstances. The
decision of the Board of Directors shall be final. Except as provided herein,
the Board of Director's decision shall have an effective date no sooner than
five (5) days after the hearing. If the Board of Directors does not inform
the Owner of its decision at the time of the hearing, or if no hearing is
held, the Board of Directors will provide a written decision to the Owner's
address of record via first class mail within five (5) days after the hearing.
The minutes of the hearing shall contain a written statement of the results
of the hearing and sanction, if any, imposed
F. Waiver and Modification of Procedure. The Association has the option and
right to continue to evaluate each enforcement issue on a case by case basis.
The Association may grant a waiver of any Provision herein. Such relief granted
to an Owner shall be appropriately documented. In addition, the Association
is hereby authorized to extend the time for the filing of lawsuits and liens,
or to otherwise modify the procedures contained herein, as the Association
may determine appropriate under the circumstances. In addition, the Association
is hereby authorized to modify any of the procedures contained herein, as
the Association may determine appropriate under the circumstances.
L. Collections. The following provisions constitute the policy of the Association
for the collection of past due assessments.
A. Late Charges. The Association shall be entitled, but is not required, to
impose a late charge of not less than fifty dollars ($50.00) on each past
due and delinquent installment that is over 30 days delinquent. All late charges
shall be due and payable immediately, without notice, in the manner provided
for payment of Assessments.
B. Attorney Fees on Delinquent Accounts. The Association shall be entitled
to recover its reasonable attorney fees and collection costs incurred in the
collection of Assessments or other charges due the Association from a delinquent
Owner.
C. Application of Payments. The Association reserves the right to apply all
payments received on account of any Owner first to payment of any and all
legal fees and costs (including attorney fees) , then to costs and expenses
of enforcement and collection, late charges, interest, returned check charges,
lien fees, and other costs owing or incurred with respect to such Owner, and
any remaining amounts shall be applied to the Assessments due with respect
to such Owner.
D. Collection Letters.
(i) Second Notice: If payment in full for the common Assessment or other charge
owed to the Association is not received within thirty (30) days of when due,
the Association may, but is not required, to send a notice of delinquency
(Second Notice) to the unit Owner who is delinquent in payment.
(ii) Intent to Lien: If payment in full is not received within sixty (60)
days of when due, the Association may, but is not required to, send a notice
of Intent to Lien to the Owner.
E. Liens. If payment in full, for any Assessment or other charge, is not received
within sixty (60)
days of when due, the Association shall be entitled to file a notice of lien
against the property of the delinquent Owner. The lien shall include fees,
charges, late charges, attorney fees, fines and interest owed by the delinquent
Owner.
The statement of lien shall be served upon the delinquent Owner by mail to
the Owner's address as the Association may have in its records for the Owner.
F. Referral of Delinquent Accounts. The Association may, but shall not be
required to, refer delincruent accounts to its attorneys for collection. After
consultation with the Board of Directors and/or the Association's managing
agent, the attorneys shall be entitled to exercise all available remedies
to collect the amounts due, including judicial foreclosure and appointment
of a receiver of the delinquent Owner's property. fn addition, the Association
may, but shall not be required to, assign delinquent accounts to one or more
collection agencies for collection.
G. Waiver and Modification of Procedure. The Association has the option and
richt to continue to evaluate each collection issue on a case by case basis.
The Association may grant a waiver of any provision herein. Such relief granted
to an Owner shall be appropriately documented. In addition, the Association
is hereby authorized to extend the time for the filing of lawsuits and liens,
or to otherwise modify the procedures contained herein, as the Association
may determine appropriate under the circumstances.
5. Insurance Claims by Owners. Subject to the provisions of C.R.S. §
10-4-110.0(5), as they may be amended, an Owner shall have the right to file
a claim against the policy of the Association. The Association's insurer,
when determining premiums to be charged to the Association, shall not take
into account any request by an
Owner for clarification of coverage. In making such a claim against any insurance
policy of the Association, the Owner must follow this procedure;
A. The Owner must first contact the Board in writing regarding the subject
matter of the claim;
B. The Owner must give the Association at least fifteen (15) days to respond
in writing, and give the Association a reasonable opportunity to inspect the
damage; and
C. The Owner will only be allowed to make a claim if
the subject matter of such claim falls within the
responsibility of an insurance policy of the
Association.
6. Investment of Reserve Funds. Pursuant to Article V of the Declaration,
the Board of Directors may decide to invest the assessment reserves to generate
revenue that will accrue to the balance of such assessment reserves, and in
furtherance of that goal, such investment shall be made in accordance with
the following policies, listed in order cf their priority:
A. Safety of Principal. Promote and ensure the preservation of the principal
of any assessment reserves.
B. Liquidity and Accessibility. Structure maturities to ensure availability
of assets for projected or unexpected expenditures.
C. Minimal Costs. Minimize investments costs, such as redemption fees, commissions,
and other transactional costs.
D. Diversify. Mitigate the effects of interest rate volatility upon assessment
reserves.
E. Return. Invest funds to seek the highest level of return.
7. Dispute Resolution. If a dispute ever arises between an Owner and the Association,
or between two or more Owners, the parties shall use the procedures set forth
in the following provisions for any dispute that does not involve an imminent
threat to the peace, health, or safety of the Project.
A. Negotiation. The Owner and the Association, or the Owners, shall attempt
in good faith to resolve any dispute promptly by negotiations between persons
who have authority to settle the controversy
(''Representatives"). Any party may give another party written notice
of any dispute not resolved in the normal course of business. Within twenty
(20) days after receipt of said notice, Representatives of the parties to
the dispute shall meet at a mutually acceptable time and place, and
thereafter as often as they reasonably deem necessary, to exchange relevant
information and to attempt to resolve the dispute. If the matter has not been
resolved within sixty (60) days of the notice of dispute, or if the parties
fail to meet within twenty (20) days, any party to the dispute may initiate
mediation of the controversy as provided below.
Mediation. If the dispute has not been resolved by negotiation as provided
above, either party may give written notice to mediate ("Mediation Notice")
and the parties shall endeavor to settle the dispute by mediation between
their respective Representatives with a neutral third party mediator. If the
parties encounter difficulty in agreeing on a neutral third party, each of
the Owner and the Association may appoint a neutral third party, and such
third parties shall appoint a neutral third party to mediate.
C Arbitration. Any dispute which has not been resolved by mediation as set
forth above within sixty (60) days of the date of the Mediation Notice, shall
be finally settled by binding arbitration conducted in accordance with the
terms of this subparagraph, upon written demand for arbitration made by any
party ("Arbitration Demand") provided, however, that if one party
has requested the other to participate in mediation and the other has failed
to participate, the requesting Party may make demand for arbitration before
expiration of such sixty (60) days.
(i) As soon as reasonably possible following the Arbitration Demand, but not
later than fifteen (15) days after the date of such Demand, the parties, in
good faith, shall attempt to select a mutually acceptable arbitrator to hear
and decide the matter or
matters in controversy. In the event the parties cannot agree on a mutually
acceptable arbitrator within thirty (30) days after the date of such Demand,
each party shall appoint an unrelated third party within forty (40) days after
the date of such Demand and, within
fifteen (15) days of the date of the appointment of the last of such unrelated
third parties, such third parties shall appoint an arbitrator to hear and
settle the dispute in accordance with the terms and
provisions hereof. If any party does not
appoint an unrelated third party in a timely
manner or if such third parties cannot or do not appoint an arbitrator in
a timely manner, then any party may make application to the District Court
for Summit County, Colorado for appointment of an arbitrator.
(ii) The arbitration shall he conducted by a single arbitrator and the decision
of the arbitrator shall be final, enforceable, binding and unappealable to
any court or tribunal, except as otherwise may be provided by Colorado law.
Such decision shall be enforceable with the same force and effect as if issued
by any court of competent jurisdiction. The decision of the arbitrator shall
be based upon the evidence and facts presented by the parties and shall he
in accordance with Colorado law. The arbitrator is not empowered to award
damages in excess of compensatory damages.
(iii) The costs of the arbitration, including reasonable attorney fees, shall
be awarded to the prevailing party. If there is no prevailing party, such
fees and costs may be awarded at the discretion of the arbitrator who, in
making such award, shall assess the relative good or bad faith of the parties
throughout the dispute.
(iv) All arbitration proceedings shall be conducted to expedite resolution
and minimize cost. Disclosures shall be required and discovery shall be allowed
and both shall be governed by Rules 26-37 of the Colorado Rules of Civil Procedure,
as amended, except that upon application of either party, the arbitrator,
in the interest of justice and efficiency, may limit discovery as such arbitrator
deems appropriate.
(v) The place of arbitration shall be Breckenridge,
Colorado.
D. Provisional Remedies. The procedures specified in this paragraph entitled
Dispute Resolution shall be the sole and exclusive procedures for the resolution
of disputes between an Owner and the
Association, or between two or more Owners; provided, however, that a Party
may seek a preliminary injunction or other provisional judicial relief if
in its judgment such action is necessary to avoid irreparable. damage or to
Preserve the status quo. Despite such action, the Parties will continue to
participate in good faith in the procedures specified herein.
Performance to Continue. Each party is required to continue to perform its
obligations under the Declaration and Rules, Regulations and Policies pending
final resolution of any dispute.
F. Extension of Deadlines. All deadlines specified in this paragraph may be
extended by mutual agreement.
G. Costs. Each party shall pay its own costs with
respect to negotiation and mediation. The prevailing party in any arbitration
or provisional judicial relief shall be entitled to reimbursement from the
other party for all reasonable costs and expenses, including attorney fees
in connection with such arbitration or provisional judicial relief.
E. Notices. All notices or demands under this paragraph shall be in writing
and provided in accordance to the addresses required to be provided by the
Association, and the address of the Owner required to kept on file by the
Association.
B. Amendment. The foregoing Regulations are subject to
amendment by a majority vote of the Board.
Certificate
The undersigned certifies that the foregoing Regulations were adopted by the
Board of Directors of Farmer's Grove Association, Inc. as of the day of ,
2006.
Secretary FARMERS GROVE_PF=LAT:OnS10_1.6_0E.WPD 11
This page last updated on April 10, 2008