AMENDED DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS FOR RECODO DEL RIO PD

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Nov 25, 2013 (3 years and 9 months ago)

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AMENDED DECLARATION
OF
PROTE
CTIVE COVENANTS,

CONDITIONS AND
RESTRICTIONS FOR REC
ODO DEL RIO PD


The Current

Declaration of Protective Covenants, Conditions, and Restrictions for
Recodo Del Rio PD
was made December 5, 1996, by Mapelli Development
, Inc.,
a Colorado
corporation, and was filed for record with the La Plata County Clerk and Recorder under
Reception No. 718597

(the
“Current
Declaration”)
. Pursuant to Article XIII of the
Current
Declaration, an amendment of the
Current

Declaration requires the

approval of 67% of
the
Owners.

The undersigned President of the Recodo del Rio
Owners Association, Inc. (the
“Association”), hereby certifies that 67% of the Owners have approved amendments to the
Current

Declaration, which amendments were affirmed by th
e Board of Directors of the
Association in

a

Resolution executed March 1, 2012.


This Amended Declaration of Protective Covenants, Conditions and Restriction for
Recodo de Rio PD (“Declaration”) includes the amendments approved by the Owners and
removes

the provisions relating to the Declarant because the Declarant no longer has any
interest in the real property subject to the Declaration. This Declaration shall
become effective
and shall s
upersede
the Original Declaration upon recordation.


RECITALS


WHEREAS,
this Declaration concerns the

real property known as Recodo del Rio PD
(Planned Development) in the City of Durango, County of La Plata, State of
Colorado, pursuant
to the Plat filed in
office of the La Plata County Clerk and Recorder at Reception

No. 710372, on
the 15
th

day of July, 1996; and



WHEREAS,
the developer,
Mapelli Development
, Inc., a Colorado corporation, originally
executed and recorded a Declaration of Protective Covenants,

Conditions and Restrictions for
Recodo del Rio PD on July 1
5, 1996, at Reception No. 710371 of the
records
of L
a Plat
a

County,
Colorado, which D
eclaration was revoked in its entirety by a Revocation of Declaration of
Protective Covenants, Conditions and
Restrictions

for Recodo del Rio PD which was recorded on
Dece
mber 5, 1996
,

at Reception 718596 of the records of La Plata County, Colorado, and



WHEREAS, the developer executed and recorded the Current Declaration in place of the

original Declaration in order to
establish the nature, use and enjoyment of lots in R
ecodo del
Rio PD and to establish declarations for a Common Interest Community under the Colorado
Common Interest Ownership
Act
, §
38
-
33.3
-
101, et.seq. C.R.S; and



WHEREAS, the developer no longer has an interest in the real property subject to the
Curren
t Declaration and 67% of the Owners have approved amendments to the Current
Declaration.


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NOW THEREFORE,

in accordance with the Current Declaration and the Colorado Common
Interest Ownership Act,
all the property described above and the improvements thereo
n are a
common interest community and
are

subject to this Declaration and shall be held, sold and
conveyed subject to the following covenants, conditions, restrictions and easements which are
declared to be for the benefit of the whole parcel and all of th
e property and improvements
described herein and the Owners thereof, their successors and assigns. These covenants shall
run with the land and shall be binding upon any person having or acquiring any right, title or
interest in the property, the improveme
nts or any part thereof.


ARTICLE 1

DEFINITIONS



The following terms used in this Declaration shall have the definition set forth below
which shall be applicable to this Declaration, the Articles of Incorporation, Bylaws and any other
document concerning
Recodo del Rio PD.



Act
:


The Colorado

Common Interest Ownership Act,
§
38
-
33.3
-
101,
et seq
. C.R.S., which
is in effect on the date of this Declaration together with any subsequent amendments to the
Act which are expressly made applicable to existing assoc
iations.



Allocated Interest
:

Interests allocated to each unit, including the Common Expense
liability and membership in the Association.



Association
: The Recodo del Rio Owners Association, a Colorado non
-
profit corporation.



Board
: The Board of Dir
ectors of the Recodo del Rio Owners Association.



Common Elements
: All portions of the property not platted as individual Lots and which
will be conveyed
to

the Association in fee title. Common Elements shall include, but not be
limited to, all roads, w
alkways, parking lots, common areas, utilities (except those serving two
or fewer units) or other real or personal property, including improvements thereon, shown on
the Plat and conveyed to the Association. Common Elements are also referred to as General

Common Elements.



Common Expenses
:
Expenditures or liabilities incurred by or on behalf of the
Association together with any allocations to reserves.



Declaration
: This instrument, together with the Plat and any amendments to the
Declaration or Plat.

The Declaration may also be referred to as the “Covenants” or “CCR’s”.



Gender and Number
: Unless the context otherwise requires, the use of the masculine
shall include the feminine, and the use of the singular shall include the plural.


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Improvement
:
Any building, structure, driveway, fence, or other man
-
made structure or
construction within the PD.



Lot
: Any platted L
ot within the PD
,

intended for the construction and occupancy of a
single
-
family townhouse, which may be conveyed in fee simple to an
Owner. Roads or
Common Elements shall not be considered to be a Lot.



Member
: Each voting interest in the Association. Each Owner shall be a member of the
Association.



Owner
: The

record owner or owners, whether natural persons, corporations, or othe
r
legal entities, of any Lot within the PD. Unless the context otherwise

requires
, “Owner” shall
refer to all multiple owners of a single Lot collectively. The term shall include contract
purchasers of Lots but shall exclude persons having an interest in

the Lot merely as security for
the performance of an obligation, provided, however, that it shall include such persons after
acquisition of title pursuant to a foreclosure or judicial sale.



Plat
: The Final Site S
pecific Development Plan of Recodo del Rio PD as filed of record in
the office of the La Plata County Clerk and Recorder on the 15
th

day of July, 1996
,

at Reception
No. 710372 and all subsequent subdivision plats for each phase which are filed of record in

the
office of the La Plata County Clerk and Recorder.



Planned Development or PD
: The real property shown on the Plat together with all
improvements thereon and rights and interests
therein

created by the Plat and this Declaration.



Unit
: For purposes

of the Act and this Declaration, a Unit consists of the building
constructed upon a Lot which is or will be occupied for residential purposes and having one or
more party walls with one or more Units constructed on contiguous Lots.



Unit Exterior
: For
the purposes of the provisions of this Declaration in regard to
Association and Owner maintenance responsibility and Common Expenses, all exterior surfaces
of a townhome Unit, the structure supporting the Unit and the breezeway and stairs serving the
Unit,

including but not limited to, foundations, columns, girders, beams, supports, main walls,
roofs, gutters, downspouts, exterior doors, exterior windows,(except the glass surface), the
exterior building surfaces and the structural components of all walls, c
eilings and floors.



Unit Interior
:
For the purposes of provisions of the Declaration in regard to Association
and Owner maintenance responsibility and Common Expenses, that portion of the Unit not
comprising the exterior, including but not limited to, f
inished walls, ceilings and floors and the
coverings of the same; interior doors and windows; the glass surface of all exterior windows; all
heating and ventilating equipment serving such Unit; and all gas, water, sewer and power lines
and utilities servin
g such Unit, including those within the walls of the Unit and service lines to
the point of connection with utilities owned and operated by the Association or by any public or
private utility company.

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Any other terms not specifically defined above shall h
ave the meaning set forth in the Act.


ARTICLE II

TOWNHOME OWNERSHIP



Section 2.1

Establishment of Townhome Lots
: The PD shall hereafter be subdivided into
Lots for townhome Units as shown on the Plat. Each Lot shall consist of a fee simple interest in
the
real property of each Lot and the improvements and fixtures located thereon together with
the Owner’s interes
t in the Association. For purposes of the Act, the PD is hereby declared to
be a “planned community”.



Section 2.2

Inseparability
: No portion of any Lot or of any legal right with respec
t to
ownership of a Lot may be partitioned
, separated or otherwise
divided from any other part
thereof during the period of ownership provided for in this Declaration.

Lots shall always be
conveyed, transferred, devised, bequeathed, encumbered and otherwise affected on
ly as a
complete unit. Any transfer of a Lot or any
part thereof shall be presumed to be a transfer of
the entire Lot together with all appurtenant rights and interests created by law or by this
Declaration.



Section 2.3

Non
-
partitionability
: The Common
E
lements shall be owned by the
Association. No owne
r or person claiming any right, title or interest in any Lot shall bring any
action for partition or division of the Common Elements and by acceptance of a deed or any
other instrument of conveyance or assignment of an interest to a Lot, each such Owner or

person shall be deemed to have specifically waived any right to institute or maintain a partition
action or any other cause of Act
i
on designated to cause a division of the Common Elements or
of any Lot. Any Owner or person who institutes or maintains suc
h action shall be liable to the
Association for the Associations’ costs, expenses and reasonable attorney fees incurred in
defending any such action.



Section 2.4

Covenants Running With the Land
: A
ll the provisions of this Declaration
shall be deemed to
be covenants running with the land or an equitable servitude as the context
may require. The benefits, burdens and all other provisions set forth in the Declaration shall be
binding upon and sh
all inure to the benefit of
the Association and all Owners and

upon their
respective heirs, executors, administrators, personal representatives, successors and assigns.


ARTICLE III

OWNERS PROPERTY RIGHTS IN COMMON ELEMENTS



Section 3
.1

Rights of Ingress and Egress
: Every Owner and all family members, guests
and
licens
e
es of such Owner shall have a right and easement of ingress and egress over, across
and upon Common Elements for the purpose of getting to and from the Lot and parking spaces
of such Owner and the roadways and rights of way shown on the Plat for bot
h pedestrian and
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vehicular traffic. Such right and easement shall be
appurtenant to and pass with th
e

ownership
of such Unit subject to the following:




3
.1.1


All provisions of the Declaration and the Plat; and


3
.1.2 The right of the Association whi
ch is hereby specifically reserved, to adopt
reasonable rules and regulations concerning parking, vehicular or pedestrian traffic
within the PD; and


3
.1.3 The right of the Association, which is hereby specifically reserved, to
adopt and amend reasonable

rules and regulations concerning the use of the Common
Elements and improvements located thereon.



Section 3
.2

Private Nature of Roads, Paths and Parking Areas
: Unless expressly
dedicated to public use or previously reserved for public use or access,
all roads, pathways and
parking areas shown on the Plat are hereby declared to be private for the use of the Owners,
the Association and their guests, licensees and i
n
vitees and sh
all be conveyed to the
Association

as Common Elements.


ARTICLE
I
V

ASSOCIATI
ON MEMBERSHIP AND VOTING RIGHTS



Section 4
.1
Membership
:
Membership in the Association shall be a covenant running
with the land, and all Owners of Lots within the subdivision shall be members of such
Association, subject to the Articles of Incorporation
, Byl
a
ws and Rules and Regulations, as the

same may from time to time be adopted and amended. Membership in the Association shall be
appurtenant to and may not be separated from ownership of a Lot. When a Lot is owned by an
entity, said entity shall appo
int a person to act as the member. Said appointment shall be
written and shall represent that it has been approved by the owner.


An appointment pursuant
to this section shall remain valid until the Association is otherwise notified.
N
othing in this
sect
ion shall prevent a Member from appointing a proxy in accordance with Section 7
-
127
-
203
of the Colorado Revised Statues
.




Section 4
.2

Voting Rights
:
All Owners of Lots shall be Members and the Owners of each
Lot shall have one vote. When more than one
person holds an ownership interest in a Lot, such
persons may appoint one of the co
-
owners or a delegate to cast the vote for the Lot. Voting
interests for any Lot shall not be divided among co
-
owners.



Section 4
.3

Notices
: Any notice required or
permitted to be given pursuant to this
Declaration or in the normal course of the affairs of the Asso
ciation, shall be sent to such
O
wner by first
-
class mail, postage prepaid,
by email, or facsimile, or by any other electr
on
ic
means that provides for a con
firmation of the transmission. The Associ
a
tion’s records shall
contain each Owner’s contact information. Each Owner must ensure that the contact
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information provided to the Association is accurate and must promptly notify the Association in
writing of an
y change in its contact information
. For purposes of notifying the Association in
writing, the following address may be used
:



Recodo
del Rio Owners Association


525 Animas View Drive #48

Durango, CO 81301


Email: In care of
www.Recododelrio.com



ARTICLE V

ASSOCIATION


Section 5
.1
Duties of the Association
:


A.


Genera
l: Subject to the rights and obligations of Owners as set forth in this
Declaration or provided by the Act, the Association shall be responsible for the
exclusive management, control, maintenance, repair, replacement and
improvement of the Common
E
lements
and Unit Exteriors. The Association shall
also act on behalf of all Owners to enforce the provisions of this Declaration and any
reasonable rules and regulations adopted hereunder.


B.

No Approval Required
:
All the expenses incurred by the
Association

in car
rying out
its duties shall be Common
E
xpenses and no prior approval of the Owners shall be
required in order to pay such expenses.


Section 5
.2
Default Assessments
: In the

event that expe
nses for maintenance, repair or
replacement of the Common E
le
ments o
r a Unit E
xterior are the result of the intentional or
negligent act of an Owner, an
O
wner’s family or an Owner’s guest or invitees, then such
expenses incurred by the Association for such
maintenance

shall be the personal obligation of
such Owner and if not repaid to the Association within seven (7) day
s

after notice of the
amount of such expense, then such expense shall become a Default Assessment levied against
such Lot and the Association may proce
ed to collect such assessment in the manner provided in
Article VII.



Section 5
.
3

Managing Agent
: The
Association may delegate any or all of its powers and
duties to a managing agent, howeve
r,

such delegation shall not relieve the Association of any
respo
nsibilities under this Declaration. Any such delegation shall be in writing and may be
terminated by either party upon reasonable notice. The Association may by contract employ
independent contractors, professionals, employees or such other persons as it

deems necessary
to carry out its function.


7



Sec
tion 5
.4

Rules and Regulations
: The Association shall have the right to adopt and
amend reasonable rules and regulations governing the PD. Any such rules and regulations shall
be subject to the provisions
of this Declaration and shall not alter or amend this Declaration.
Violation of any such rules and regulations may be enjoined by the Association or any Owner
and the provi
sions on collection in Section 6.8 and enforcement in Section 10
.1 shall apply.



S
ection 5
.5

Books and Re
cords
:
The Association shall keep complete records of the
affairs of the Association, including receipts and expenditures. Each owner and any mortgagee
shall have the right to inspect such records at reasonable times.



Section 5
.6

Directors and Officers:

The management of the Association shall be vested
in a Board of Directors of not less than three (3) members. The Board shall annually elect a
President,

Vice President, Treasurer and S
ecretary. The Bylaws of the Association
shall set forth
detailed provisions for directors and officers who shall have and m
a
y exercise such powers as
may be conferred upon them by this Declaration, the Act, the Articles of Incorporation, the
Bylaws and the Colorado Nonprofit Corporation Act.


AR
TICLE VI

ASSESSMENTS



Section 6
.1

Covenant
:
E
ach Owner of a Lot by acceptance of a deed
therefore
, whether
or not it shall be so expressed in any

such deed or other conveyance, is deemed to covenant
and agree to pay to the Association:




6
.1.1 Annual

As
sessments;



6
.1.2 Special

Assessments; and



6
.1.3 Default

Assessment applicable to a Lot as provided in section 6.2.



Section 6
.2

Personal Obligation of Owner
: Such assessments shall be fixed, established
and collected from time to time as provided in t
he Act, this Declaration and the Bylaws of the
Association. Each Owner, by acceptance of deed, further waives any Homestead Exemption as
to any lien created by the Declaration or the Act. All assessments, together with such interest
thereon and costs of
collection thereof, including reasonable attorney’s fees, as hereinafter
provided, shall be a lien
pursuant

to the Act and shall also be a continuing liability of the person
who was the Owner of such Lot at the time when the assessment fell due.



Section
6
.3

Purpose of Assessments
: The assessments levied by the
Association

shall be
used exclusively to pay Common Expenses and for the purpose of promoting the recreation,
health, safety, and welfare of the residents of the Property and in particular for the
maintenance of the roads, utilities, Unit Exteriors, Common Elements and other property the
Association is obligated or authorized to maintain.


8



Section 6
.4

Statement of Status of Assessments
: The Association shall, upon demand at
any time, furnish a
certificate in writing signed by an officer or agent of the Association, setting
forth whether the assessments on a specified Lot have been paid. A reasonable charge may be
made by

the Association for the issuance of these certificates. Such certificate
shall be
conclusive evidence of payment of a
n
y assessment therein stated to have been paid.



Section 6
.5

Annual Assessment
: At least thirty (30) days prior to the end of each
calendar year, the Board shall determine the Annual Assessment for the next ens
uing year.
Such Assessment shall be based upon an annual budget for the Association approved by the
Board and adopted by the Owners in the manner required by the Act. Each annual budget shall
be based upon the actual income and expenditures for the prece
ding year, plus such amounts
representing expected additional expenses and modifications of income for the next ensuing
year together with contributions to reserves maintained by the Association. Annual
Assessments shall be payable in periodic installment
s and with appropriate penalties for
delinquency as shall be established by the Board.



Section 6
.6

Special Assessment
: In addition to the Annual Assessments authorized
above, the Association may levy
a Special Assessment for the purpose of defraying, in

whole or
in part, the cost of any construction or reconstruction, unexpected repair, or replacement of
any Common Elements o
r

facilities which are the responsibility of the Association pursuant to
this Declaration, provided that such Special Assessment sh
all have the assent of two
-
thirds
(2/3) of the votes of Members who are voting in person or by proxy at a meeting duly called for
this purpose, written notice of which shall be sent to all Members not less than thirty (30) days
nor more than sixty (60) day
s in advance of the meeting setting forth the purpose of the
meeting. Any such Special Assessment shall be payable in equal monthly or quarterly
installments together with the Annual Assessment installment over such a period of time as the
Board of Direct
ors may deem in the best interest of the Owners.



Section 6
.7
Allocation of Assessments
:

All assessments, ex
cluding Default Assessments,
shall be evenly allocated among the Owners on the basis of the total number of potential Lots
(47) which may be platt
ed resulting in an allocation per Lot of 1/47
th
. In the event Declarant
exercises the right not to construct one or more of the later phases as provided for in this
Declaration, the allocation shall be recalculated based on the number of Lots actually sho
wn on
the recorded Plat.



Section 6
.8

Collection of Assessments
: Any A
nnual, Special or Default Assessments
which are not paid when due shall be delinquent. If the assessment is not paid within thirty
(30) days after the due date, the assessment shall
bear interest from the date of delinquency at
the rate provided in the Bylaws, not to exceed twenty
-
one percent (21
%
)
per annum, and the
Association may bring an action at law against the Owner personally obligated to pay the same,
and/or foreclose the lie
n against the property, and interest, costs and a reasonable attorney’s
fee for any such action shall be added to the amount of such assessment. No Owner may waive
or otherwise escape liability of the assessments provided for herein by abandonment of his
Lot.


9



Section 6
.9

Liens
: Priority of liens for assessments shall be as set forth in the Act,
including
§

38
-
33.3
-
316 which provides that any holder of a first deed of trust who obtains title
to a lot or lots pursuant to the remedies in the deed of trust
or through foreclosure will not be
liable for more than six months of the unit’s unpaid regularly budgeted dues or charges accrued
before the acquisition of the title to the lot or lots by the holder of the deed of trust.



Section 6
.10
Reserves
:

The Asso
ciation may establish reasonable reserves for
maintenance, capital expenditures, or repairs and accumulate such reserves from year to year
without causing such reserves to be deemed “surplus funds” for the purposes of the Act.



ARTICLE VII

MAINTENANCE RES
PONSIBILITIES

OF OWNER AND ASSOCIATION



Section 7
.1
General Maintena
n
ce Responsibilities
:
Subject to the specific rights and
obligations set forth in this Declaration, each Owner shall have the exclusive right and
obligation to maintain such Owner’s Unit

Interior. The Association shall have the right and
obligation to maintain all Unit Exteriors and Common Elements.



Section 7
.2

Owner’s Maintenance Obligation
: Each Owner shall have the obligation, at
such Owner’s sole cost and expense, to maintain and
keep in good repair the Unit Interior,
including the fixtures located therein, to the extent such repairs shall be necessary to avoid any
damage to other Units or the Common Elements. No Owner shall do or permit any act or work
which would impair the stru
cture, utilities, heat or plumbing systems or the integrity of the
buildings or impair any easement established by this
D
eclaration
. An Owner shall not be
responsible for repairs caused by casualties as set forth in Article XII hereof unless such repair i
s
caused by the act or negligence of the Owner, the Owner’s family, guests, invitees or tenants.
In such event, such Owner shall
promptly

reimburse the Association for the repairs and unless
paid such amount shall become a default assessment which shall b
e enforceable in the same
manner as other assessments pursuant to this Declaration.



Section 7
.3

Association

s
Maintenance

O
bl
i
gation
:

The Association shall be obligated to
maintain, repair, replace and improve all Unit Exteriors and Common Elements not

otherwise
required to be maintained by the Owner. No approval of the Owners shall be required for the
Association to make such expenditures.



Section 7
.4

Modification to Unit Exterior Prohibited
: Any
modifications to any Unit
Exterior or the construction of any improvements within any Common
E
lement without the
expressed written approval of the Association is prohibited.



Section 7
.5

Party Walls
: The walls of any Unit which are shared with one or mor
e
contiguous Units are declared to be

Party Walls and subject to the following provisions:


10



7
.5.1

Mutual reciprocal easements are hereby established, declared and granted
for all common walls between Units.

The Owners of adjoining Units shall have the ri
ght
to use Party Walls jointly. Each Owner of each Unit having a Party Wall shall have an
easement on that part of the foundation, stem walls, supporting wall structure and
roofing of the Unit on each adjoining Unit and such Owner’s Unit, for the purpose
of
structural support, repair and maintenance of the same, and including reasonable
access through such adjoining Unit for the repair, maintenance, restoration and
replacement of such building components constituting the Part
y

Wall and situated on
such com
mon boundary. Reference to any Lot in any instrument affecting the title
thereto, including without limitation, deeds, mortgages, deeds of trust, statements of
lien and the like, shall be deemed automatically to include the reciprocal easements for
Party
Wall structural improvements adjacent and appurtenant to such Lot. To the
extent not inconsistent with these provisions, the general rules of law regarding Party
Wall
s

and liability for property damage due to negligence or willful acts or omissions
shall
apply.



7
.5.2

Repair, restoration and replacement of any part of Party W
a
ll
improvements of
an Owner caused by the willful act or negligence of the Owner of an
adjoining Unit, or his family members, guests or invitees, shall be the responsibility of
and p
erformed by such other Owner at his sole cost and expense. Repair and
maintenance of Party Wall coverings, including sheetrock, paneling, fireboard, paint and
the like, due to ordinary wear and tear or damage or destruction by acts of God or the
elements
shall be the responsibility of the Owner on whose Unit such wall coverings are
situated, at his sole cost and expense. Repair, maintenance, replacement or restoration
of all other parts or components of Party Wall improvements including concrete,
structur
al framing, roof material and insulation shall, unless caused by the willful act or
negligence of one Owner or his family, guests or invitees, be performed at the joint and
mutual cost and expense of the Owners of both units having easements in such Party
Wall. Each Owner is hereby licensed and authorized by the adjacent Owner to enter
upo
n

the other Owner’s pre
m
ises d
u
ring reasonable business hours and after
reasonable notice to make necessary or proper repairs, maintenance, restoration or
replacement of
the Party wall improvements. Construction, replacement and
restoration of the portion of any Party Wall shall be of the same design, type, quality
and color as previously existed. In the event any Owner fails after reasonable demand
to perform repairs, m
aintenance, replacement or restoration for which such Owner is
liable by the foregoing provisions, then upon request of an aggrieved Owner the
Association may make or contract to make such repairs, maintenance, replacement or
restoration and all costs and
expense thereof shall be billed to the responsible Owner as
a default assessment.



7
.5.3

The right of any Owner to contribution from any other Owner under these
party wall provisions shall be appurtenant to the land and shall pass to such Owner’s
successors in title.


11



7
.5.4

In the event of any dispute between adjacent Unit Owners concerning a
Party Wall, such dispute shall be submitted to binding arbitration pursuant to the
Colorado Uniform Arbitration Act of 1975, Section 13
-
22
-
201 C.R.S. Each party shall
choose one arbitr
ator and such two arbitrators shall choose on
e

additional arbitrator
and the decision shall be by a majority of the arbitrators. The selection by each party of
an arbitrator shall be made within twenty (20) days of notice by one party in writing to
the ot
her party demanding arbitration of any such dispute.


ARTICLE
VIII

RESTRICTIONS ON USE OF LOTS



Section 8
.1
General Restrictions
: All Lots shall be used solely for single family residential
purposes and shall not be used for any business, manufacturing o
r commercial purpose
whatsoever.
If appropriate land use or zoning approval is obtained and if written approval of
the Association is given, an Owner shall be permitted to utilize a portion of a Unit as a home
business office. Any approval of the Associa
tion may contain restrictions or limitations, the
violation of which may cause the approval to be terminated or withdrawn at any time.



Section 8
.2

Increase in Insurable Risks
: No activity of any type shall be done and
nothing shall be kept in any Unit o
r in or on the Common Elements which would result in the
cancellation of the insurance on the PD or any increase in the rate of insurance on the PD
greater than the amount the Association would be required to pay for such insurance absent
such activity. N
o activities shall be permitted and nothing shall be kept within the PD which
would violate any statute, ordinance, rule or regulation of any governmental body. Each Owner
shall hold the Association and other Owners harmless and indemnify against all loss

resulting
from any damage or waste caused by such Owner, members of such Owner’s family or such
Owner’s guests, invitees or licensees. Any loss resulting to the Association subject
to

this
indemnification provision may be enforced against an Owner as a d
efault asses
sment as
provided in Article VI
.



Section 8
.3

Alterations
: Unit Owners shall be permitted to maintain, repair, construct,
alter and finish the Unit Interior provided, however, that no structural alteration may be made
to any Unit (including t
he construction of any additional window, door, skylight or other
opening) or any alteration made to any Unit Exterior without the prior written approval of the
Association.



Section 8
.4

Livestock and Pets
: No dogs, cats or other pets or livestock shall
be kept on
the property at any time, except small dogs or cats which are kept confined within a unit may
be kept with written permission of the Association. This section shall not prohibit aquariums,
small birds kept in cages and similar animals so long a
s such fish, birds, reptiles or mammals are
confined within a Unit at all times.


12



Section 8
.
5

Trailers, RV’s and Recreational Equipment
: No mobile home, trailer, pickup
camper
,

recreational vehicle or other similar vehicle may be used for temporary or pe
rmanent
sleeping or living purposes. Recreational equipment may be stored within a Unit Owner’s
garage.



Section 8
.6

Excessive Light, Noise and Odors
: Use of floodlights, mercury or sodium
vapor lights or equivalent high
-
intensity lighting or lighting w
hich is unreasonably bright is
prohibited. All exterior lighting shall be shielded and indirect. Lighting which is triggered by an
alarm or security system is not subject to these prohibitions. No sound or noise shall be
emitted from any Unit which is u
nreasonably loud or constitutes an annoyance to Owners of
adjacent Units. No odor shall be emitted from any Unit which is or may be noxious or offensive
to others.



Section 8
.7

Parking
: No inoperable car shall be parked within the PD for any period. Al
l
vehicles shall be parked in designated parking areas within the property. The Association may
establish reasonable rules and regulations concerning parking and may remove and impound
vehicles violating such parking regulations.



Section 8
.8

Signs
: No
signs, billboards, or advertising structures of any kind shall be
erected or maintained on any Lot other than small “for sale” signs or signs approved in writing
by the Association.



Section 8
.9

Recreational Equipment
: Boats, motor homes, travel or tent
trailers, utility
trailers, snowmobiles, jet skis, and other recreational vehicles or watercraft of whatever type
and description may be kept on the property only if kept within an Owner’s garage.



Section 8
.10

Use of Roadways
: Snowmobiles, ATV’s
,

motorcycles, and the like, unless
licensed as motor vehicles and operated by licensed drivers, shall not be operated within the
PD.



Section 8
.11

Trash
: No trash, ashes or other debris may be thrown, dumped or stored
or accumulated on the property and t
he burning of refuse outdoors is strictly prohibited.

All
such trash o
r

debris shall be stored in covered containers kept out of public view and shall be
disposed of promptly.



Section 8
.12

Noxious or Offensive Activity
:
No noxious, offensive or
illegal activity shall
be carried on or permitted upon any Unit or the Common Element which is or may become a
nuisance or cause embarrassment, disturbance or annoyance to others.



Section 8
.13

Antennas
: No exterior television, radio or other antennas of

any type shall
be placed, allowed or maintained on the common areas or on the exterior of any Unit unless
such are first approved in writing by the Association.


13



Section 8
.14

Fencing
: Each Lot may be separated from the adjoining Lots, common
areas and p
roperty boundaries by a suitable fence. The fence shall be constructed of wood,
shall not exceed 3’ in height and shall be constructed so that at least 50% of the fence is open.
All fences shall be of a design submitted to and approved by the Association
. The fence shall be
maintained by the Lot Owner through proper sealing, staining and repair or replacement.
Fences on Lot lines shall be maintained by Lot Owners in the same manner as provided in
Section 8.5 for maintenance of Party Walls.



Section 8
.1
5

Lot Maintenance
: All the area within the boundaries of a Lot except the
townhome structure and driveway shall be designated as the Owner’s “Back Yard” regardless of
whether or not such a
r
ea is actually behind the townhome structure. Each Back Yard shal
l have
a vegetative cover planted at the time of conveyance of the Lot by the Developer or when
weather permits such planting. Each Owner shall either maintain such landscaping or install
and maintain additional landscaping or improvements after receiving

written approval from the
Association. Each Owner shall have the responsibility of maintaining such area in a manner
which is attractive, clean and sanitary and does not become an annoyance or a nuisance to
neighbors. Outdoor barbeque grills, lawn furni
ture, small playground equipment and other
similar outdoor furnishings may be placed in the back yard. Large playground equipment,
outbuildings and similar structures shall be permitted only with the written approval of the
A
ssociation.


Section 8
.16

Gara
ges
: Some Units will have a one or two car garage constructed as part
of the Unit. No Owner shall be permitted to remodel, reconstruct or otherwise alter the garage
in a manner which would allow it to be used for any purpose except those purposes typical
ly
associated with garages, such as parking of vehicles, storage of tools and similar functions.
Garage conversions into living quarters, offices, workshops or the like are strictly prohibited.


Section 8
.17

Variances
: When particular facts and circumstances make
complying

with
a restriction contained in the Covenants unreasonably burdensome and good cause exists, an
Owner may request a variance from the Association. The Association, after posting notice of
the varia
nce request on its website and providing notice to the other Owners that might be
affected by the variance, shall hold a hearing open to all Owners and shall determine whether
the granting of a variance is justified. The Association may not gra
nt a varian
ce to authorize the
violation of any law or any restriction contained on the Plat.



ARTICLE
I
X

EASEMENTS



Section
9
.1

Recorded Easements
: The property and each of the Lots shall be subject to
all easements and rights of way shown on any plat, deed or ot
her document of record affecting
the PD.


14



Section
9
.
2

Easements for Encroachments
: The
PD and each of the Lots shall be subject
to an easement for building encroachments created by construction, overhangs, settling,
shifting and movement of any portion
of the PD. A perpetual easement for the encroachment
and the maintenance thereof is hereby created.



Section
9
.3

Utility Easements
: A general easement is hereby created upon, across, over,
in and under all of the Common Elements and that portion of each Lot which is not occupied by
the building footprint. The general easements created hereby shall be for ingress and egress
and for
the installation, repair and maintenance of utilities. This easement shall be for the use
and benefit of
the utility providers, the Association and the Owners for the purposes of
providing necessary utilities for the operation of the PD. This general eas
ement grant shall not
be construed as a grant of an easement for any utilities which are not serving the PD.



Section
9
.4

Drainage Easements
: All drainage easements shown on any plat of record
for the PD shall be properly maintained by the Association an
d no construction or development
shall be permitted which impede
s

proper drainage.


Section
9
.5

Emergency Easement
: A general easement is also granted to all police, fire,
ambulance and other emergency agencies and their personnel to enter upon the street
s and
the property when necessary in the performance of their duties.


Section
9
.6

Maintenance Easement
: An easement is hereby granted to the Association
and its officers, agents, employees, contractors and assigns upon, across, over, in and under the
Com
mon Elements including the right to construct and maintain maintenance and storage
facilities on the
C
ommon Elements necessary for carrying out the affairs of the Association.


Section
9
.7

Landscape Easements
: An easement is hereby granted to the Associat
ion
and its officers, employees, contractors and assigns upon, across, over, in and under that
portion of a Lot designated on the P
lat as “Utility, Landscape and A
ccess Easement” for the
purpose of installing and maintaining landscaping.


Section
9
.8

Acces
s Easement for Repair, Maintenance and Emergencies
: Some of the
Common Elements or Unit Exteriors are or may be located within the interior of Units or may
be most reasonably accessed through the interior of Units.

The Association shall have the
irrevoca
ble right to have access to each Unit and to all Common Elements or Unit exteriors
during any reasonable hours as may be necessary for the maintenance, repair, removal or
replacement of any of the Common Elements, to prevent damage to any of the Common
Ele
ments or to make repairs to any Unit. Except when such repairs or maintenance are
required as a result of the acts or the negligence of an Owner, his family, guests or invitees, any
damage to the interior of a Unit resulting from the maintenance or repair

of a Common
Elements or the exterior of a Unit shall be a Common Expense of all Owners.


S
ection 9
.9

Minimal Disturbance Area
: The area located within twenty
-
five (25) feet of
the existing Pear
T
ree retaining wall along the southeasterly boundary of the subdivision as
15


shown on the plat shall be designated as a Minimal Disturbance Area. No additional
construction or improvements and no heavy construction equipment shall be permitted in this
area.

In the event the need for repair or replacement
of utilities in the area ar
ises, such repairs
shall be performed by hand or light equipment.


Section
9
.10

Reciprocal Breezeway Easement
: A reciprocal easement of that area
shown on the Plat as “Breezeway E
asement” is hereby created. The Breezeway Easement is for
the purpose of providing access to Units and to that portion of a Lot located behind a Unit (the
“Back Yard”). Each Breezeway Easement is dedicated to the exclusive use of the Owners whose
Lot is
subject to the easement for the purpose or reciprocal rights of access to the Units and
Lots served by the breezeway and to the Association for the purpose of maintenance and
repair.


Section
9
.11

Easements Created
: Any conveyances of Lots within the PD w
hether by the
Declarant or otherwise shall be construed to grant and reserve the easements specified in this
Declaration whether or not specific reference is made to the easements or the Declaration.


ARTICLE X

ENFORCEMENT; POWERS OF ASSOCIATION



Section
1
0
.1

Enforcement
: This Declaration may be enforced by an Owner or by the
Association, including without limitations the right to maintain an action for injunction,
damages or both. In the event that litigation is brought for the purpose of enforcing this

Declaration or to recover liens for assessments or other charges levied by the Association
pursuant to this Declaration, the prevailing party shall be entitled to recover its costs, including
all charges for witnesses, experts, or consultants, and reasona
ble attorney’s fees.



Section 1
0
.2

Powers of Association
: The As
sociation may exercise all powers conferred
upon it by
this

Declaration, together also with such powers as may be contained in the Act, the
Articles of Incorporation, the Bylaws and the Colo
rado Nonprofit Corporation Act, not
reasonably inconsistent with the powers and purposes set forth in this declaration. Such
powers shall include, but not be limited to, the following:


1
0
.2.1 The

power to enforce, by litigation if necessary, all provis
i
ons
of

this
Declaration
.


1
0
.2.2 The power to appoint an Architectural Control Committee or to act as
same and to approve fence construction or other improvements as authorized by this
declaration.


1
0
.2.3 The power to establish budgets and maintenance a
ssessments and
assessments for capital improvements and to place liens and take such other actions as
shall be necessary for the collection of same.

16



1
0
.2.4 The power to maintain, repair and improve roads as shown o
n

the
Plat
,
emergency access as shown on
the Plat, entrance sign, irrigation pumps and lines,
common facilities, and other access and utility improvements, together with the power
to make and enter into contracts for snow removal, landscaping maintenance, repairs or
improvements and wee
d

control
in conformance with requirements of applicable
planning approvals and the requirements of any governmental agency with jurisdiction.


1
0
.2.5 After

expiration of the Declarant’s rights, the power to grant licenses or
easements for use of access and utility
easements as shown on the Plat or descr
i
bed
herein to any
uti
lity or adjoining land Owner, together also with

the power to allow
connection to utility systems within the PD, subject to the following conditions:


a.

The person or persons to whom such license i
s granted shall be
responsible for all damage to roads or easements and restoration of
landscaping, fences and improvements.

b.

All such licenses shall be revocable upon thirty (30) days notice by the
Association; grants of easement or utility connection may
be in
perpetuity.

c.

The Association may prescribe the compensation to be paid for use of
such easements or connection to utility systems; provided that no
fee, other than reasonable inspections, shall be payable by an Owner.

d.

The power to grant the right to u
se easements and to connect to
utility systems is exclusively reserved to the Association and shall
not
be exercised by any individual Lot Owner.



1
0
.2.6 The power to establish rules and regulat
ions for the use of the Common
E
lement
s.


Article XI

INSURANCE, DAMAGE, DESTRUCTION, AND CO
N
DEMNATION


Section 1
1
.1

Association’s Obligation to Maintain Insurance
:
The
Association shall
maintain in full force and effect, to the extent reasonably available, the following insurance:


1
1
.1.1
Property

insurance for broad form covered causes of loss in the kinds and
amounts typically required by mortgage lenders for similar PDs. The amount of such
insurance shall be the full insurable replacement cost less applicable deductibles.

Coverage shal
l be provided for the Common Elements and the Unit Exteriors but not the
Unit Interiors.


1
1.
1.
2 A comprehensive policy

of public liability insurance covering all
claims

and
liabilities arising in connection with the ownership, existence, use or manageme
nt of the
17


Common Elements. The insurance shall cover the Association, its Board, management
agent and their respective employees, agents and all persons acting as agents. The Unit
Owner shall also be included as additional insured for claims and liabilit
ies arising in
connection with the ownership, existence, use or management of the Common
Elements. The insurance shall also cover claims of one or more insured parties against
other insured parties.


1
1
.1.3 To the extent required by law and subject to the

availability of funds,
adequate fidelity insurance or bond to protect against dishonest act
s

on the part of the
Association’s officers, directors, managing agents, trustees, employees and volunteers
which shall name the Association as oblig
e
e and be writt
en in an amount equal to at
least 150% of the estimated annual operating expenses of the PD, including reserves.


1
1
.1.4 To the extent required by law and subject to availability of funds, the
Association may also obtain personal liability insurance for of
ficers and directors,
workmans’ compensation insurance and insurance against other risks as it shall
deem

appropriate.



Section 1
1
.2

Insurance Premiums
: All insurance premiums required or permitted
hereunder shall be a Common Expense of the Association,
except Owner’s Insurance.



Section 1
1
.3

Owner’s Insurance
: Each Owner shall have the responsibility, at such
Owner’s sole expense, to maintain a standard policy of fire and hazard insurance on the Unit
Interior and a standard policy of liability insuranc
e with limits of not less than $25,000 / $50,000
covering such Unit. Owners may obtain such additional insurance as they deem appropriate
provided such insurance coverage shall not affect any coverage obtained by the Association nor
cause the diminution o
r termination thereof. All Owners’ insurance policies shall include a
provision waiving the insurance company’s right of subrogation against the Association.



Section 1
1
.4

Damage or Destruction
: As soon as possible after damage to or destruction
of any
part of the PD, the Association shall
, unless

such damage or destruction shall be minor,
obtain an estimate of the cost of repair and reconstruction. Repair or reconstruction shall
mean restoring the damage
d

or destroyed part of the PD to the same conditi
on as existed prior
to the damage or destruction. The Association shall diligently pursue completion of the repairs
and shall utilize insurance proceeds for such reconstruction. The Association shall have full
authority, right and power of attorney
-
in
-
fa
ct to cause the repair and restoration of the
improvement without any consent or other action by any Owner.



Section 1
1
.5

Insufficient Proceeds for Repair
: If insu
r
ance proceeds are not sufficient to
cover the complete cost of the repair, a special repai
r assessment shall be levied against all
Owners and their Units for the deficiency which shall be due and payable within thirty (30)
days. Such special repair assessment shall not be subject to the approval requirement of
Section 7.


18


ARTICLE XII

DURATION
AND AMENDMENT



Duration and amendment of this declaration shall be set forth in the Act, except that
amendments shall require a sixty
-
seven percent majority vote of Owners for approval.


ARTICLE
XIII

GENERAL PROVISIONS



Section 1
3
.1

Severability
: In the

event that any provision of this Declaration is deemed
invalid or is declared to be invalid by any court of competent jurisdiction, such declaration shall
not invalidate the remain
der of the Declaration, and it

shall remain in full force and effect.



Section 1
3
.2

Indemnification
: To the fullest exten
t

permitted by law, every director and
Officer of the Association, and the members of committees of the Association,
shall be
indemnified by the Association, and every other person serving as an employee o
r direct agent
of the Association, or on behalf of the Association as a member of a committee or otherwise
may be in the discretion of the Board, be indemnified by the Association, against all expenses
and liabilities, including attorney’s fees, reasonably

incurred by or imposed upon him in
connection with any proceeding to which he may be a party, or in which he may become
involved, by reason of his being or having served in such capaci
ty on behalf of the Association,
or any settlement thereof, whether or

not he is a director,
officer, or serving in such other
specified capacity at the time such expenses are incurred, provided that the Board shall
determine, i
n good faith, that such officer or director

did not act, fail to act, or refuse to act
willfully o
r with gross negligence or fraudulent or criminal intent in the performance of his
duties. The foregoing right of indemnification shall be in addition to and not exclusive of all
other rights to which such persons may be entitled at law or otherwise.



S
ection 1
3
.3

Nonwaiver
: Failure by

the Association
or any Owner to enforce any
covenant, condition, restriction, easement, reservation, right
-
of
-
way or other provision
contained in this declaration shall in no way or event be deemed to be a waiver of the r
ight to
do so thereafter.



Section 1
3
.4

Captions
: The captions to the Articles and Sections are inserted h
erein

only
as a matter of convenience and for reference and are in no way to be construed to define, limit
or otherwise describe

the

scope of this Declaration nor the intent of any provisions hereof.



Section 1
3
.5
Conflict in Documents
:
In the case of any conflict between the provisions
of this Declaration and the Articles of Incorporation, Bylaws or Rules and Regulations adopted
by
the Association, this Declaration shall control.



19


The undersigned Terr
a
nce
L.
Richardson, President of the Recodo de
l

Rio Owners’ Association,
Inc.,
hereby certifies and affirms that the

provisions in the foregoing Amended Declaration of
Protective
Covena
nts
,
Conditions

and Restriction for Recodo del Rio PD that differ from the
Current Covenants have been approved by 67% of the Owners, as indicated by the Resolution
of the Board dated March 1, 2012.


Recodo Del Rio Owners’ Association, Inc.


By: __________
________________

Terra
nce
L.
Richardson, President


STATE OF COLORADO

)



) ss.

COUNTY OF LA PLATA

)





The foregoing instrument was acknowledged before me on this_____ day of ____________,
2012
,

by Terra
nce

L.
Richardson, President of the Recodo
del Rio Owners’ Association, Inc.

Witness my hand and official seal.


My commission expires: _________
_________










________________________________



Notary Public