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POLICIES AND PROCEDURES

Declaration Article XI

11.1 Residential Use: Lots shall be used for residential purposes only, including uses which are customarily incident thereto, and shall not be used at any time for business, commercial or professional purposes; provided, however, that an Owner may use his Lot for a professional or home occupation, so long as the applicable zoning per such use, there is no external evidence thereof, and no unreasonable inconvenience to other residents of Lots is created thereby.

11.2 Household Pets. No animals, livestock, poultry or insects of any kind, shall be raised, bred, kept or boarded in or on the Real Estate; provided, however, that a reasonable number of dogs, cats or other household pets may be kept on any Lot, only by Owners, so long as they are not kept for any commercial purpose and are not kept in such number or in such manner as to create a nuisance to other Owners, and in compliance with ordinances of the County of Summit. The Association shall have and is hereby given, the right and authority to determine, in its sole discretion that dogs, cats or other household pets are being kept for commercial purposes or are being kept in such number or in such manner as to be unreasonable or to create a nuisance to other Owners, or that an Owner is otherwise in violation of this Section 11.2, and to take such action or actions as it deems reasonably necessary to correct the same. An Owner's right to keep household pets shall be coupled with the responsibility to pay for any damage caused by such Owner's pet[s], as well as any costs incurred by the Association as a result of such pet[s], and any such amounts shall be and constitute a default assessment subject to and enforceable by the Association in accordance with this Declaration. The Association may, by the adoption of rules or regulations, prohibit guest or tenants or Owners from keeping pets of any kind on a Lot. The Associaiton shall have the further authority to cause pets to be removed from a Lot at the Owner's expense and to impose a fine upon a Lot Owner for violation of such Ryan Gulch Rules.

11.3 Use of Common Elements. Subject to the rights of Declarant as provided in this Declaration, there shall be no obstruction of the Common Elements, nor shall anything be kept or strored on any part of the Common Elements without the prior written approval of the Association. Nothing shall be altered on, constructed in or removed from the Common Elements wihout the prior written approval of the Executive Board of the Association.

11.4 Exterior Changes. No exterior additions to, alterations or decoration of the Lot, including but not limited to any structural alterations to any Lot, nor any changes to the initial color of the exterior of a building at the time of conveyance by Declarant, in fences, hedges, walls or other structures, nor installation of window mounted air conditioning Lots or awnings or any exterior improvement of any type shall be commenced, erected, placed or maintained without the prior written approval of the Executive Board of the Association or the Architectural Control Committee.

11.5 Vehicles and Miscellaneous Equipment. Automobiles, trucks, pickups, cmpers, motorbikes or motorcycles, trail bikes, trailers, snwobobiles, or any other vehicle of any type, except bicycles, shall be parked, sotred, or operated upon the Real estate only in accordance with such rules and regulations as may be adopted by the Execuive Board or the Association.

11.6 Maintenance of Natural Condition. All surface areas disturbed by constructions shall be returned promptly to their natural condition: which shall require the planting of replacement trees, shrubs, grasses and flowers. All landscaping installed by Declarant on Lots shall be kept restored and maintained. All other surface areas shall be maintained in their nautral condition.

11.7 Service Yards. All clothes lines, equipment, service yards, woodpiles, or storage piles on any Lots in the Subdivision shall be kept screened by planting or fencing so as to conceal them from the view of neighboring Lots and roads. Abandoned vehicles shall be removed from all Lots by the Owners. No trailer, automobile, or other vehicle or boat shall be constructed, reconstructed, or repaired upon any private area in such a manner that such construction, reconstruction or repair is visible from neighboring Lots or roads.

11.8 Underground Utility Lines All utility lines within the limits of Ryan Gulch Estaets must be buried underground and may not be carried on overhead poles nor above the surface of the ground. Such utilities include, bu are not limited to, water, gas, electric, telephone, intercoms and television cable.

11.9 Trash and Sewage No trash, ashes, or other refuse or debris may be thrown or dumped on the Property. The burning of refuse out-of-doors shall not be permitted. No incinerators or other device for the burning of refuse indoors shall be constructed, installed, or used by any person except as approved by the Board. Waste materials, garbage, and trash shall be kept in sanitary containers and shall be enclosed and screened from public view and protected from disturbance and shall be disposed of with reaosnable promptness. The Owner of any Lot subject to these covenants shall keep the premises free of trash, refuse, noxious weeds, or debris of any kind, whether said Lot is vacant or improved. The Association may requre Lot Owners to use bear-proof trash receptacles.

11.10 Continuity of Construction All structures commenced shall be prosecuted diligently to completion.

11.11 Noxious, Annoying or Offensive Activity No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done or placed on the Real Estate which creates a disturbance or annoyance to others. No lights shall be emitted from any Lot which are unreasonably bright or cause unreasonable glare; no sound shall be emitted from any Lot which is unreasonably loud or annoying; and no odor shall be emitted from any Lot which is noxious or offensive to others. Nothing shall be done or permittted to be done on the Ryan Gulch Estates which is a nuisance or might become a nuisance to an Owner or Owners.

11.12 Wells and Septic Systems No septic systems may be located on any Lot. All Lots shall be required to utilize the common sewer system provided in the Subdivision.

11.13 Towers, Antennas and Satellite Dishes No towers or radio or television antennas higher than the roof line of the dwelling house shall be erected on any Lot. No towers, antennas or satellite dishes shall be erected on any Lot without the prior approval of the Architectural Control Committee.

11.14 Nuisances No nuisance shall be allowed on the Real Estate, nor any use or practice which is the source of annoyance to residents or which interferes with the peaceful enjoyment or possession and proper use of the Real Estate by its residents. As used herein the term "nuisance" shall not include any activities of Declarant in regard to the completion of the Real Estate. All parts of the Real Esate shall be kept in a clean and sanitary condition, and no rubbish, refuse or garbage shall be allowed to accumulate, nor any fire hazard to exist. Further, no immoral, improper, offensive or unlawful use shall be permitted or made of the Real Estate or any part thereof. All valid laws, ordinances and regulations of all governmental bodies having jurisdiction over the Real Estate, or any portion thereof, shall be observed.

11.15 Combining Lots. If two or more continguous Lots are owned by the same Owner or Owners, they may be combined into one or more larger residential Lots by means of a written document executed and acknowledged by all of the Owners thereof, approved by the Board, and recorded in the real property records of Summit County, Colorado. Thereafter, the new and larger Lot or Lots shall each be considered as one Lot for the purposes of the Declaration.

11.16 Natural State. No hunting or other similar disturbance of the natural state of the Real Estate, including the removal of living trees or portions thereof, is permitted without the consent, in writing, of the Board.

11.17 Maintenance of Improvements. Each Owner of each Lot shall maintain the building or improvements thereon, including walkways, paving and fencing in good condition, making all appropriate repairs and replacements as often as the same shall become necessary.

 

 

 

 

 

 

 

 

 

 

 

This page last updated February 20, 2007