Rules

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Article Six: Restrictive Covenants and Obligations

6.1 Use and Occupancy of the Condominium Apartments. Each Owner shall be entitled to the exclusive ownership and possession of his or her Condominium apartment. Subject to the Development and special Declarant Rights reserved by the Declarant in ARTICLE TEN hereof, no Condominium apartment within The Condominium Community shall be used for any purpose other than single-family residential purposes as generally defined or for a home occupation so long as such occupation [a] is allowed by the local Zoning Coles, [b] employs no outside employees, [c] has no signage or [d] parking requirements, provided, however, that users described a s"day care" or "child care" facilities [licensed or unlicensed] are expressly prohibited unless approved by the Board of Directors.

6.2 Use of the Comon Elements. Each Owner and his or her Guests may use the appurtenant Common Elements in accordance with the purpose for which they are intended, without hindering or encroaching upon the lawful rights of the other Owners. The Board of Directors may adopt Rules and Regulations governing the use of the Common Elements, but such Rules and Regulations shall be uniform and nondiscriminatory. Each Owner, by the acceptantce of his or her deed or other instrument of conveyance or assignment and such Owner's Guests occupying the Apartment agree to be bound by any such adopted Rules and Regulations.

There shall be no obstruction of the Common Elements, nor shall anything be stored on any part of the Comon Elements without the prior written consent of the Board of Directors. Nothing shall be altered, constructed on, or removed form the Common Elements except upon the prior written consent of the Board of Directors of the Association.

6.3 Pets Within The Condominium Community. No animals, livestock, birds, poultry, reptiles or insects of any kind, shall be raised, bred, kept or boarded in or on any portion of The Condominium Community; exceept that dogs, cats or other household animals shall be allowed only in Condominium Apartments occupied by Owners [not renters] so long as they are not raised, bred or maintained for any commercial purpose, and are not kept in such number or in such manner as to create a nuisance or inconvenience to any residents of The Condominium Community.

The Board of Directors shall have 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 as to create a nuisance, or that an Owner is otherwise in violation of the provisions of this Paragraph. The Directors shall take such action or actions as it deems reasonable necessary to correct the violation to include after Notice and Hearing, directing permanent removal of the pet or pets from The Condominium Community.

Household pets shall not be allowed to run at large within The Condominium community, but shall at all times be under the control of such pet's Owner and such pets shall not be allowed to litter the Common Elements.

Reimbursement for damages caused by such pets and costs incurred by the Associat ion, to include attorneys' fees and costs, in the removal of a pet or pets from The Condominium Community or incurred by the Association in cleanup after such pets, may be levied after Notice and Hearing against such pet's Owner as an Individual Assessment in accordance with Paragraph 5.6 hereof.

The provisions of Paragraph 13.2 notwithstanding, the Board of Directors may amend this paragraph from time to time to better serve the needs of The Condominium Community without the consent of the Owners or First Mortgagees.

6.4 Nuisances. No noxious or offensive activity shall be carried on within The Condominium Community, nor shall anything be done or maintained thereon which may be or become an annoyance or nuisance to the neigborhood or detract from its value as an attractive residential community. Habituallly barking, howling or yelping dogs shall be deemed a nuisance. Decks, patios and balconies shall not be used for storage other than firewood. No activity shall be conducted on any part of The Condominium Community which is or might be unsafe or hazardous to any person. All rubbish, trash or garbage shall be regularly removed from The Condominium Community and shall not be allowed to accumulate thereon.

6.5 Vehicular Parking, Storage and Maintenance. No house trailer, camping trailer, horse trailer, camper, camper shells, boat trailer, hauling trailer, boat or boat accessories, truck larger than one ton, recreational vehicle or equipment, mobile home, or commercial vehicle may be parked or stored anywhere within The Condominium Community so they are visible from neighboring units or from the street except in emergencies or as a termpoary expedience. This applies to vehicles referred to above even if they are licensed by the State of Colorado or any other jurisdiction as "passenger vehicles". No emergency or temporary parking or storage shall continue for more than seventy-two hours.

No abandoned, unlicensed, wrecked or inoperable vehicles of any kind shall be stored or parked within The Condominium Community except in emergencies. Any "abandoned or inoperable vehicle" shall be defined as any of the vehicles listed above or any other kind of passenger vehicle which has not been driven under its own propulsion for a period of one week or longer, or which does not have installed within it an operable propulsion system; provided however, that any vehicle belonging to any Owner which is otherwise permitted will not be deemed to be abandoned while the Owner is ill or out of town. The Board of Directors shall have the right to remove and store a vehicle in violation of this Paragrapah after Notice and Hearing, the expenses, of which shall be levied against the Owner of the vehicle as an Individual Assessment in accordance with Paragraph 5.6 hereof.

Preventative vehicle maintenance only is allowed within The Condominium Community.

Garage doors must remain closed except when the garage is in use.

6.6 No Unsightliness. No activity shall be conducted on any part of The Condominium Community which is or might be unsafe, unsightly, unhealthy or hazardous to any person. Without limiting the generality of the foregoing, nothing shall be kept or stored on or in the Common Elements, including areas which are Limited Common Elements, except that a hot tub designed to blend in with the exterior appreaance of The Building is allowed with the written approval of the Board of Directors. Nothing shall be placed on or in windows or doors of Condominium Apartments, which would or might create unsightly appearance. No Owner shall modify, alter, repair, decorate, redecorate, or improve the exterior of any Condominium Apartment or any of the Common Elements No signs or advertising of any nature shall be erected or maintained on any part of The condominium community without prior written cocnsent of the board of Driectores.without the express written approval of the Board of Directors.

6.7 Prohibition of Certain Activities. Nothing shall be done or kept in any Apartment or in the Common Elements or any part thereof which would result in the cancellation of the insurance on The Condominium Community or increase the rate of the insurance on The Condominium Community over what the Association, but for such activity, would pay, without the prior written consent of the Board of Directors.

Nothing shall be done or kept in any Apartment or in the Common Elements which would be in violation of any statute, ordinance, regulations, or other validily imposed requirement of any governmental body. No noxious, destructive or offensive activitiy shall be carried on in any Apartment or in the Common Elements, nor shall anything be done therein which may be or may become an annoyance or nuisance to others. No sound shall be emitted on any part of The Condominium Community which is unreasonably loud or annoying.

6.8 Antennas. No exterior television or radio antennas and/or masts or satellite dishes of any sort shall be placed, allowed or maintained upon The Condominium Community without prior written approval of the Board of Directors.

6.9 Restrictions on Signs. The Board shall permit the placing of at least one sign of reasonable size and dignified form to identify The Condomiium Community and the Units therein.

6.10 Owner Caused Damages. If, due to the act or neglect of an Owner or such Owner's Guests, losss or damage shall be caused to any person or property within The Condominium Community, such Owner shall be liable and responsible for the payment of same. The amount of such loss or damage, together with cost of collection and reasonable attorneys' fees and costs, if necessary , may be collected by the Board of Directors from such Owner as an Individual Assessment against such Owner in accordance with Paragraph 5.6 hereof.

Determination with respect to whether or not a particular activity or occurence shall constitute a violation of this paragraph 6.10 shall be made by the Board of Directors and shall be final.

6.11 Lease of a Condominium Apartment. Any Owner shall have the right to lease his or her Condominium apartment upon such terms and conditions as the Owner may deem advisable, subject to the following:

[a] Any lease or rental agreement with a term longer than thirty days shall be in writing and shall provide that the lease or rental agreement is subject to the terms of this Declaration, the Bylaws of the Association and the Articles of Incorporation, and the Rules and Regulations of the Association;

[b] Such lease or rental agreement shall state that the failure of the lessee or renter to comply with the terms of the Declaration or Bylaws of the Association, Articles of Incorporation or the Rules and Regulations of the Association shall constitute a default and such default shall be enforceable by either the Board of Directors or the lessor, or by both of them.

6.12 Waiver of Summary Abatement. The Declarant and the Association waives the right to use summary abatement or similar means to enforce the restrictions herein contained. Judicial proceedings must be instituted before any items of construction can be altered or demolished.

6.13 Use of Garage Spaces. Each Owner shall mamintain the interior of his or her Garage Space in a clean, safe and attractive condition and shall keep the same free from litter and debris. The Board of Directors shall have the power to establish reasonable rules and regulations relating to the sightliness and cleanliness of the Garage Space use thereof by its Owner.

It was the intent of the Declarant in designing the overall parking plan for The Condominium Community that Garage Spaces be used in such a manner so that vehicles could be parked within such spaces. Therefore, any use of a Garage Space that does not allow a vehicle to be parked within such space is expressly prohibited. The Board of Directors is granted the authority to enforce the provisions of this Paragraph by the levy of Fines against the Owner in accordance with Paragraph 5.6 hereof.

6.14 Window Coverings Interior window coverings, including draperies and shades used in Units, shall present a uniform appearance of type and color from the exterior of The Building, and the Board of Directors shall have the right to approve all proposed draperies, shades or other interior window coverings to assure compliance in accordance with Paragraph 9.5 thereof.

The Association, acting through its Board of Directors, shall have the standing and power to enforce all of the above Restrictive Covenants and Obligations.

This page last updated May 29, 2007