Lake Sherwood HOA

COVENANTS

Original Lake Sherwood Covenants

PROTECTIVE COVENANTS AND PROPERTY OWNERS
ASSOCIATION AGREEMENT FOR
LAKE SHERWOOD SUBDIVISION, FIRST FILING
Larimer County, Colorado

Poudre Valley Construction, Inc., fee owner of the real property in Larimer County, Colorado, as shown on the Plat, Lake Sherwood Subdivision, First Filing, recorded June 1, 1970, in Book 1433 at Page 926 of the Larimer County, Colorado records and described statement thereon, hereinafter referred to as the “Owner”, hereby makes and declares the following limitations, restrictions and uses upon and of said property as restrictive and protective covenants, and property owners association specifications, through reference hereto in all deeds and contracts for the sale issued by said Owner to or for any part of said property, as benefits and obligations running with the property, and as binding upon the Owner and upon all parties claiming under said Owner and upon all future owners of any part of said property, so long as these restrictive covenants shall remain in force and effect as now written or as hereafter altered:

1. GENERAL PURPOSES: These covenants are made for the purpose of creating and keeping said subdivision, as far as possible, desirable, attractive, beneficial, uniform, and suitable in architectural design, materials and appearance; limiting the use to single family residential buildings and guarding against unnecessary interference with the natural beauty and improper uses of adjoining properties in the subdivision; all for the mutual benefits and protection of all owners of said property.

2. LAND USE: The lots shall be used for no other purpose than for the building and maintaining thereon and the occupancy thereof of private residence. The residence may include a private garage which must be attached to the residence, for not more than three cars.

3. DWELLING QUALITY AND SIZE: All improvements shall he constructed of good and suitable material, and be of first class workmanship. The ground floor area of the main structure, exclusive of one-story open porches and garages, shall be not less than 1,200 square feet on Lots 1 through 20 and 37 through 43, and not less than 1,000 square feet on the remaining lots, except that minor variations in area may be made with the approval of the Architectural Control Committee.

4. BUILDING LOCATION: No building shall be located on any lot nearer to the front lot line, rear lot line, interior lot line, and side street line, than the following minimal distances:

A. Lots 1 through 20 and 37 through 43, inclusive:

(1) Front lot line, 25 feet;
(2) Rear lot line, 20 feet;
(3) Interior lot line, 7 1/2 feet;

B. The remaining lots:

(1) Front line, 5 feet, except for garage entrances which must be 20 feet;
(2) Rear lot line, 5 feet;
(3) Interior lot line, 7 1/2 feet;
(4) Side street line, 7 1/2 feet.

5. ARCHITECTURAL CONTROL COMMITTEE: The Architectural Control Committee, hereinafter referred to as the “Committee”, shall consist of Harold Miller, Robert S. Everitt, and Emma Miller, and a majority of the Committee may designate a representative to act for it. In the event of the death or resignation of any member of the Committee, the remaining members shall have full authority to designate a successor to fill the vacancy. Neither the members of the Committee nor its designated representative shall be entitled to any compensation for services rendered under this covenant.

6. APPROVAL OF PLANS: Before anyone shall commence the construction, remodeling, addition to, or alteration of any building, swimming pool, wall, fence, coping, or other structure whatsoever on any lot, there shall be submitted to the Committee sufficient building plans (including plot plans and specifications) and sufficient description for each allowed type of improvement for its review and approval or rejection. Approval by the Architectural Control Committee of all fences as to type, height, quality of materials, and workmanship shall be required. In no event shall the Committee or any individual member of the Committee be liable to any person for the Committee’s action in Connection with submitted plans and specifications, unless it shall be shown that it acted with malice or wrongful interest.

7. PROCEDURE: The Committee’s approval or disapproval as required by these covenants shall be in writing. In the event the Committee or its designated representative fails to approve or disapprove within thirty (30) days after plans and specifications have been submitted to it, or in any event if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with.

8. MAXIMUM HEIGHT: No structure shall exceed 35 feet in height from finish grade level to maximum roof height.

9. TEMPORARY STRUCTURES: No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently.

10. RESIDENCES PER LOT: The erection of more than one dwelling per lot or the resubdivision of lots is prohibited unless the written consent of the Committee is obtained.

11. TRASH AND RUBBISH: No lot shall be used as a dumping pound for trash, rubbish, or other waste. Each property owner shall provide a suitable receptacle for the temporary storage and collection of refuse, trash and rubbish, and all such receptacles shall be screened from public view and protected from disturbance. No burning of trash and rubbish shall be permitted.

12. CLOTHESLINES: No clothesline shall be permitted on any lot unless the clothesline shall be enclosed and screened from public view.

13. ANIMALS: No animals, 1ivestock, horses or poultry of any kinds, except cats and household pets, shall be kept, raised, or bred. Dogs, cats, and household pets may be kept, but not raised or bred for commercial purposes, as long as they are confined by fence, leash, or other enclosure, to property owned by their owner.

14. PARKING: Boats, trailers, and like vehicles shall be stored or parked on the lots only if they are under a roof and the parking of these vehicles in unenclosed driveways shall be prohibited.

15. ROOFS: The roofs of any improvements erected on any lot subject to these covenants shall, for the purpose of uniformity, be of the color composition designated by the Committee, or wood shingle shakes. Any composition roof shall require approval of the Committee.

16. LANDSCAPING: Each lot shall, at all times, be kept clear of weeds or other unsightly growth and landscaping which may include lawns, rock design, or other types of landscaping is required around each residential dwelling.

17. SIGNS: No sign of any kind shall be displayed to the public view on any lot except one sign of not more than 4 square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during construction and the sale period. All other signs erected must be approved by the Committee.

18. NUISANCE: No noxious or offensive trade or activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.

19. CONTINUITY OF CONSTRUCTION: All structures commenced, shall be prosecuted diligently to completion and shall he completed within six months of commencement, except with the written consent of the Committee.

20. EFFECT AND DURATION OF COVENANTS: These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of 25 years from the below date at which time said covenants shall be automatically extended for successive periods of ten (10) years unless by vote of a majority of the then owners of the lots, it is then agreed to change said covenants in whole or in part.

21. MAINTENANCE: Upon conveyance of a lot from the owner and completion of a house thereon, the grantee shall be liable for the percentage of the maintenance costs that his lot or lots bears to the entire subdivision.

22. ENFORCEMENT: If any person shall violate or threaten to violate any of the provisions of this instrument, it shall be lawful for any person or persons owning property in the subdivision to institute proceedings at law or in equity to enforce the provisions of this instrument, to restrain the persons violating or threatening to violate them, and to recover damages, actual and punitive, for such violations.

23. PROPERTY OWNERS ASSOCIATION: All lots in the Lake Sherwood Subdivision, First Filing are expressly included within the home owners association and any lot purchased in said subdivision is purchased subject to these covenants.

24. NAME: The home owners association shall be known as LAKE SHERWOOD HOME OWNERS ASSOCIATION .


25. MAINTENANCE OF COMMON AREAS: The home owners association shall be responsible for the maintenance of those areas, together with all improvements located thereon, shown on any recorded plat of the Lake Sherwood Subdivision, First Filing and intended to be devoted to the common use and enjoyment of the owners of the properties subject to this agreement, such areas being hereinafter referred to as “common properties”.

26. ASSESSMENTS: The home owners association shall levy such assessment for said maintenance and other miscellaneous operating costs as are deemed necessary by said home owners association. Any unpaid assessment 1evied by the association shall constitute a lien against the property of the delinquent member and shall also be the personal obligation of the owner of such property at the time when the assessment fell due. Anyone against whom a legal action is necessary in order to collect an assessment pursuant to this paragraph shall be liable for all legal costs incurred in collecting the assessment. All assessments which are not paid when due shall bear interest at the rate of ten percent per annum (10%) until paid.

27. VOTES: Members shall be entitled to one (1) vote for each lot owned. The owner of a multiple family dwelling unit, as defined in paragraph 26, shall be entitled to one-half vote for each unit.

28. MAJORITY OF MEMBERS: The decision of the majority of the votes of the association shall be final, and no individual property owner may dictate the use of any funds of the home owners association. No one shall be entitled to any portion of said funds, and they shall be used only by the association for the betterment of these properties which are the responsibility of the association.

29. FACILITIES: All property owners in Lake Sherwood, First filing Subdivision, members of the Home Owners Association, their families, guests, and tenants shall have the right to use the common properties and the improvements located thereon. The use of the facilities of the Home Owners Association shall he subject to the rules and regulations promulgated by the Home Owners Association pursuant to these covenants.

30. TITTLE TO COMMON PROPERTIES: The owners as of the date of this instrument, may retain the legal title to the common Properties until such time as, in the opinion of the owners of said common properties, the Home Owners Association is able to maintain the same. The owners shall have the right to become indebted for the purpose of improving the common properties and in aid thereof to mortgage said Properties. In the event of a default upon said mortgage, the leader shall have a right, after taking Possession of such properties, to charge reasonable admissions and other fees as a condition of continued enjoyment by the members and, if necessary, to open the enjoyment of such properties to a wider public until the mortgage debt is satisfied whereupon the possession of such properties shall be returned to the Home Owners Association and all rights of the members hereunder shall he fully restored.

3.1. BOARD OF DIRECTORS: A Board of Directors shall manage the affairs of the association, and shall consist of not less than three (3) nor more than fifteen (15) members, and who shall serve for a term of three years. Of the first board approximately one-third (1/3) shall he elected for one year, approximately one-third (1/3) shall be elected for two years, and approximately one-third (1/3) shall be elected for a term of three years, with each director being elected for a three-year term thereafter. The directors, by a majority vote, shall have the right to suspend the facility enjoyment rights of any member of the association for any period which any assessment remains unpaid, and for any period not to exceed thirty (30) days for any infraction of its published rules and regulations.

32. COVENANT RUNNING WITH THE LAND: Membership in the Home Owners Association shall be a covenant running with the land, and no property included within these covenants may he withdrawn therefrom. All future conveyances of any Property included in these agreements shall he subject to the terms thereof.

33. BY-LAWS: By-Laws of the association may be adopted by the initial Board of Directors of the association and amended by a majority of the Board, or by a majority of the members called for such purpose.

34. FUTURE APPLICABILITY: As the owners develop the balance of property owned by them in the NE 1/4 and the NW 1/4 of Section 30, Township 7 North, Range 68 West of the 6th P.M., as described in Deed recorded December 27, 1968 in Book 1400 at Page 199 of the Larimer County, Colorado records, all lots in future subdivisions on said property shall be included within the Lake Sherwood Home Owners Association unless specifically excluded at the time of the platting.

35. 35 SEVERABILITY: Invalidation of any one of the provisions of this instrument by judgment or court order or decree shall in no wise effect any of the other provisions which shall remain in full force and effect.




IN WITNFSS WHEREOF, the undersigned have exercised their hands
and seals this 11 day of June , A. D., 1970.


Poudre Valley Construction, Inc.



ATTEST:

By ___________ ___________
Secretary President



STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )

The foregoing Declaration of Protective Covenants was acknowledged
before me this 11 day of JUNE , A.. D., 1970, by
Harold H. Miller, as President, and Emma M. Miller as Secretary, of Poudre Valley Construction, Inc.



Witness my hand and notarial seal.



__________________________________
Notary Public



My commission expires: