DECLARATION OF PROTECTIVE COVENANTS
FOR
MEADOWLARK SUBDIVISION
KNOW ALL MEN BY THESE PRESENTS:
THAT, R. MICHAEL HENDERSON, being the owner and developer of MEADOWLARK SUBDIVISION, the plat of which was duly recorded in the office of the La Plata County Clerk under Reception No._________ and deciding to establish the nature of the use and enjoyment thereof do hereby declare said subdivision to be subject to the following express covenants, stipulations and restrictions, to wit:
ARTICLE 1. PROPERTY OWNERS ASSOCIATION. All owners of lots in this subdivision shall be members of The Meadowlark Subdivision Property Owners Association, Inc., and subject co its Articles of Incorporation, Bylaws, and Rules and Regulations.
ARTICLE II. LAND USE. No lot shall be used except for residential purposes. Provided, however, a home occupation may be carried out in any residence so long as it does not interfere with the residential character of the dwelling or neighborhood, is secondary to the use of the residence as a dwelling place causes no undue parking or traffic problems, and does not have the outward appearance of a business. If two or more contiguous lots are owned by the same owner or owners, they may be combined into one or more larger lots by means of a written instrument, executed and acknowledged by all of the owners of said lots and the instrument shall reflect the approval of the Board of Directors of the Property Owners Association and be recorded in the office of the Clerk and Recorder of La Plata County, Colorado.
ARTICLE III. ARCHITECTURAL CONTROL. No building, fence, wall, or other structure shall be commenced, erected, or maintained upon any lot or lots, nor shall any exterior addition to or change or alteration be made thereon until the plans and specifications showing the nature, kind, shape. Height materials, color and location of same shall have been submitted to and approved in writing by Board of Directors of the Association, or by an Architectural Committee composed of three (3) or more representatives appointed by the Board. In the event the Board (or Committee) fails to approve or disapprove such design and location within sixty (60) days after said written submission of same, said plans and specifications shall be deemed to have been approved and this article fully complied with.
ARTICLE IV. DWELLING SIZE. All improvements shall be constructed of good and suitable materials of first-class workmanship. The main structure shall not exceed two and one-half stories in height. An attached or detached garage or carport for not less than two (2) and not more than four (4) cars may be constructed; provided, however, that nothing herein contained shall prohibit the construction, alteration, or use of reasonable and necessary out-buildings for maintenance of livestock for recreational purposes or youth projects only. The ground floor area of the main structure, exclusive of open porches and garages, shall be not less than 1,200 square feet. Total square footage of the dwelling shall-not be less than 1,600, exclusive of open porches and garages. Minor variations in area may be made with the prior written consent of the Board (or Committee). In addition, each lot owner may construct a guesthouse on the lot if permitted by governmental regulation.
ARTICLE V. BUILDING LOCATION. No building shall be located on any lot within thirty (30) feet of the front, side, or rear lot lines; provided, however, that if the topography of a lot prohibits the strict adherence to this provision, it may be disregarded after first having obtained written consent of the Board (or Committee). No animal shed or corral shall be located nearer than sixty (60) feet from the front lot line or seventy five (75) feet from any side street or side lot line.
ARTICLE VI. TEMPORARY STRUCTURES. No structure of a temporary character, trailer, basement, tent, shack, barn, modular home, mobile home, barn, or any other outbuilding shall be used on any lot at any time as a residence, including during the construction of a permanent dwelling thereon. No outhouses shall be allowed.
ARTICLE VII. NOXIOUS ACTIVITIES. No noxious or offensive trade or activity shall be carried on upon any lot and nothing shall be done thereon which may be or become an annoyance or nuisance to the neighborhood.
ARTICLE VIII. TRASH REMOVAL. All trash, garbage and other debris shall be promptly hauled away from the subdivision. No burning of trash, garbage or other debris will be permitted. Lot owners will be responsible for construction of a garbage can enclosure for protection from animals and for aesthetic purposes. Construction trash and rubble can accumulate, but must be removed within thirty (30) days after the completion of construction.
ARTICLE IX. TRAILERS, VEHICLES, AND BOATS. No trailer, vehicle, or boat shall be parked on any street in the subdivision between the hours of 2:00 a.m. and 6:00 a.m. No trailer, vehicle, or boat shall be constructed, reconstructed, or repaired on any lot in such a manner that such activity is visible from neighboring lots.
ARTICLE X. MOTORIZED VEHICLES AND FIREARMS Noise of snowmobiles, motorcycles, trial bikes, cars, trucks, etc. shall be kept to a minimum so as to avoid any annoyance to lot owners and such vehicles will be kept on the roads and not trespass on privately owned properties. No firearms shall be discharged on any lot within the subdivision.
ARTICLE XI. EASEMENTS. All road and all utility easements as shown on the recorded plat of this subdivision are hereby reserved for the installation and maintenance of utility lines, including, but not limited to electric lines', gas lines, telephone lines, television cable lines, water and sewer lines, together with the perpetual right of ingress and egress for installation, maintenance and replacement of such lines. In addition to utility easements, the easement shown an the recorded plat of this subdivision for equestrian use is also reserved for the use and benefit of the lot owners of the subdivision pursuant to the Rules' and Regulations as promulgated by the Board of Directors of the Association.
ARTICLE XII. TERM CF COVENANTS. These covenants shall run with the land and shall be binding upon all parties and all persons claiming under them until January 1, 2015, at which time said covenants shall automatically be extended for successive periods of ten (10) years, unless by a vote of' a majority of the owners of the lots within the subdivision, it is agreed to change said covenants in whole or in part.
ARTICLE XIII. ENFORCEMENT. If the parties herein hereto or any of them or their heirs or assigns shall violate or attempt to violate any of the covenants contained herein, it shall be lawful for any other person or persons owning real property situate in said subdivision to prosecute any proceeding against such person at persons at law or in equity to prevent the person or persons from so doing or to recover damages, or other dues for such violation.
ARTICLE XIV. SANITARY SYSTEM. All dwellings shall be equipped with septic tanks, lagoons, or leach field, Constructed in accordance with the specifications and requirements of the San Juan Basin Health Unit or like authority which, may succeed said entity, this being the responsibility of the owner of said property. It is hereby covenanted and agreed by the sub divider, his heirs, successors and assigns, that-in the event that the proper authorities of La Plata County shall determine that surface and subsurface water in the area is becoming contaminated by the use of septic tanks or other sewage disposal systems in the area, the then owners of the lots in the subdivision shall install, at their own expense, a commercial a private central sewage disposal system or. At their option, they may join with landowners in other subdivisions to accomplish the installation of such a central system. This Covenant shall also run with the land.
ARTICLE XV. PLANTING AND REMOVAL OF TREES. In order to preserve the natural beauty of the Area, no more than forty percent of the existing pine, oak brush, cedar, pinon or evergreen trees may be removed from any lot. This provision does not apply to necessary clearing or the actual Construction of a home or to vegetation less than seven feet in height. Planting of trees on the property will be reviewed by the Board (or Committee).
ARTICLE XVI. DRAINAGE. No lot owner shall obstruct, interfere with or allow the obstruction or interference with natural drainage of irrigation water or rain water and shall provide a drainage culvert of not less than twelve (12) inches in diameter and a sufficient length to extend three feet on either side of any driveway abutting any street in the subdivision. Nothing herein contained shall be so construed to prevent the necessary alteration of natural drainage for the purposes of construction of a dwelling or outbuildings provided any such construction shall include adequate means of handling any such drainage as may be interfered with. Any alterations must be approved by the Board (or Committee).
ARTICLE XVII. . IRRIGATION DITCHES. Easements which shall not unreasonably interfere with the use of any lot are granted to all lot owners for ' use and maintenance of irrigation ditches, including lateral ditches to deliver water to each lot.
ARTICLE. XVIII. FENCING. No fence or hedge shall be erected or maintained on the premises, which shall unreasonably restrict or block the view another lot in the subdivision. No fence or hedge, which shall exceed six (6) feet in height, shall be erected or maintained without the prior written consent of the Board (or Committee. All fences must be maintained by the individual lot owner and shall not be constructed in such a manner as to interfere with irrigation ditches. All fences must be constructed at the expense of the lot owner. Any fence fronting on any county rural or subdivision road must be uniform with all other fences fronting on any county road or subdivision road. The criteria for such fences is to established by the Board (or Committee) and all subsequent fencing in these areas shall be consistent with the criteria so established.
A. Creation of the Lien and Personal Obligation of Assessments.
Meadowlark Subdivision, for each lot owned within the properties, hereby covenants, and each lot owner, by acceptance of a deed therefore, whether or not it shall be so expressed in such deed or other conveyance, is deemed to covenant and agree to pay to the Meadowlark Subdivision Property Owners Association, Inc.: 1. annual assessments or charges; 2. special assessments for capital improvements, such assessments to be fixed, established and collected from time to time as provided by the bylaws of the association.
The annual and special assessments, together with such interest thereon and costs of collection thereof, including reasonable attorney's fees, as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the Property against which each such assessment is made. Each such assessment, together with interest thereon and costs of collection thereof, including reasonable attorney's fees, shall also be a personal obligation of the owner of such property at the time when the assessment fell due. The personal obligation shall not pass to his successors in title unless expressly assumed by them by written instrument.
B. Purpose of Assessments.
The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety, and welfare of the residents of the properties and in particular for the maintenance of the road, drainage facilities, pathways, fire protection systems, and irrigation water ditches within the Meadowlark Subdivision; and, further, for any other maintenance or improvement obligation which may be incurred by virtue of agreement with county or other governmental authorities. All such assessments for road maintenance shall be separately stated.
C. Certificate of Assessments Due.
The Association shall, on demand at any time, furnish a certificate in writing signed by an official setting forth whether assessments on a specified lot have been paid. A reasonable charge therefor may be made by the Board for this service. Such certificates shall be exclusive evidence of payment of any assessment therein stated to have been paid.
D. Special Assessments for Capital Improvements.
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, unexpected repair, or replacement of described capital improvement upon any presently existing easement or one created in the future, including the necessary fixtures and personal property related thereto, provided that such assessment shall have the assent of two-thirds of the votes of the members who are voting in person or by proxy at a meeting duly called for this purpose. Any such special assessment shall be payable in equal monthly installments or quarterly installments together with the regular assessment installment over such period of time as the Board may deem in the best interest of the owners.
E. Uniform Rate of Assessment
Both annual and special assessments may be fixed at a uniform rate for all lots, subject to Article XXIII, Section B.
F. Effect of Nonpayment of Assessments; Remedies of the Association.
Any 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 of eighteen (18) per cent per annum, and the Association may bring an action at law against the owner personally obligated to pay the same, and/or foreclose the lien against the property, and, interest, costs and reasonable attorney's fees shall be added to the amount of such assessment. No owner may waive or otherwise escape liability for the assessments provided for herein by abandonment of his lot.
G. Subordination of the Lien to Mortgage.
The lien for assessments provided for herein shall be subordinate to the lien of any mortgage or mortgages. Sale or transfer of any lot shall not effect the assessment lien. However, the sale transfer of any lot which is subject to any Mortgage, pursuant to a decree of foreclosure under such mortgage or any proceeding in liew of foreclosure thereof, shall. Extinguish the lien of such assessment as to payments thereof, which became due prior to such sale or transfer, but shall not relieve the owner of personal liability therefor. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due or from the lien therefor.
ARTICLE XX. DISCRIMINATION. In the sale, purchase, use or occupancy of any subdivision lot, no qualification of race, color, creed or sex shall be required, and no person shall be discriminated against in any manner because of race, color, creed or sex.
ARTICLE XXI. VARIANCE. Where circumstances, such as location of property lines, location of trees, brush, or other matters require, the Board (or committee) may allow reasonable variances as to any of the covenants herein concerned. Such variance shall be by written instrument.
ARTICLE XII. MANDATORY MEMBERSHIP. Membership in the Property Owners Association shall be a covenant running with the land, and no property included within these covenants may be withdrawn therefrom. All future conveyances of any property included in these covenants including Lot One (1), shall be subject to the terms hereof and the Articles and Bylaws of Meadowlark Subdivision Property Owners Association, Inc.
ARTICLE XXIII. INVALIDITY OF ANY COVENANT. If any one or mare of these covenants is declared to be invalid by any court- of competent jurisdiction, such declaration shall not invalidate the remainder of the covenants and they Shall. remain in full force and effect.
ARTICLE XXIV. RE-DIVISION OF TRACTS. No tract of property as described herein shall be re-divided.
EXECUTED at Durango, Colorado this 31 day of Dec 1987.
MEADOWLARK SUBDIVISION PROPERTY OWNERS ASSOCIATION INC.
A Nonprofit Corporation
BYLAWS
ARTICLE I. MEMBERSHIP AND VOTING RIGHTS
Section I . Every owner of a lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any lot which is subject to assessment.
Section 2. The Association shall have two classes of voting membership as follows:
Class A. Class A members shall be all owners, with exception of the Declarant, and shall be entitled to one (1) vote for each lot owned. When more than one person holds an interest all such persons shall be members. The vote for such in any lot, lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any lot.
Class B. The Class 3 member(s) shall be the Declarant (as defined in the Declaration), and shall be entitled to three. (3) votes for each lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier:
1. when the total votes outstanding in the Class A membership equals the total votes outstanding in the Class B membership; or
2. on January 1, 1990.
ARTICLE II. MEETINGS OF MEMBERS. The members shall meet at least annually and the annual meeting shall be on of each year and shall be held at the offices of the corporation in Durango, Colorado. Special meetings of the members may be called by the president or the board of directors, or by members constituting one-third of the votes entitled to be cast at any such meeting.
ARTICLE III. NOTICE OF MEMBERS MEETINGS. Written notice stating, the place, day and time of the meeting of the members, and in the case of a special meeting, the purpose of such meeting, shall be delivered either in person or by certified mail, return receipt requested, by or at the direction of the president, secretary, or officers or by any other person calling the meeting, not less than ten (10) nor more than (50) days before the date of the meeting. Such notices shall be deemed delivered when deposited in the United States Mail, postage prepaid, addressed to the member at the member's address as it appears in the records of the corporation. No notice is required of the annual meeting.
ARTICLES OF INCORPORATION
The undersigned natural person of the age of eighteen years or more acting as incorporator of a nonprofit: corporation under the Colorado Nonprofit Corporation Act, adopts the following Articles of Incorporation for such corporation:
FIRST: The name of the corporation is MEADOWLARK SUBDIVISION PROPERTY OWNERS ASSOCIATION, INC.;
SECOND: The period of duration is perpetual;
THIRD: The purpose or purposes for which this corporation is organized shall be any such purpose which is legal and lawful pursuant to the Colorado Nonprofit Corporation Act and shall include but not be limited to the following:
A. To take title to and maintain the roads, irrigation ditches, water and water systems In Meadowlark Subdivision; to Maintain and improve all such roads, irrigation ditches, water and water systems and assess the owners of lots for expenses incurred in 'such maintenance and improvement;
B. To buy, exchange, contract for, lease and in any way and all other ways acquire, hold and own, and deal in, sell, mortgage, lease or otherwise dispose of personal property or real property of every kind and description, as may be desirable for use by, the corporation in the operation of any business conducted by, it;
C. To borrow money for the conducting of its business and in furtherance of the objects, purposes and powers herein set forth, and to issue debentures, bonds, certificates of indebtedness, notes or other instruments of like character evidencing the liability of the corporation to repay the same and to secure any and all thereof by mortgages or deeds of trust on any or all of the real or personal property of the corporation;
D. To carry on any business which the corporation may deem proper or convenient in connection with any of the foregoing powers and purposes whether directly or indirectly, to promote the interests of the corporation or to enhance the value of its property; and to have and exercise all of the powers conferred by the laws of the State of Colorado on a corporation formed under the Act pursuant to which this corporation is formed.
FOURTH: The address of the initial registered office of this corporation is 785 Main Avenue, Durango, La Plata County, Colorado 81301, and the name of the initial registered agent at such address is Joel Devin.
FIFTH: The management of this corporation shall be vested in a board of directors, the number of which shall be stated in the by-laws of the corporation.
The number of directors constituting the initial board of directors shall be three (3). The names and addresses of the persons who are to serve as the initial directors are:
Joel Devin
R. Michael Henderson
Wm.0.Hugains, III
SIXTH: The name and address of the incorporator is:
Wm.0.Huggins, III
1060 Main Avenue, Ste.102
Durango, Colorado 81301
SEVENTH: The corporation shall issue memberships. One membership shall be issued to the owner of each lot in the subdivision. Each member shall have a minimum of one vote. If a member owns more than one lot of lands within the lands to be served by the corporation, he shall have one vote for each lot of land owned.
EIGHTH: The board of directors shall have the power to make from time to time, such by-laws for the management of the affairs of the corporation as may be necessary or proper, after reasonable notice to all directors (or without notice if all directors consent thereto). The board of directors shall have the power to appoint and remove officers, agents and employees of the corporation.
IN WITNESS WHEREOF I have hereunto set my hand this 19th day of August, 1987.
WM. 0. HUGGINS, III
STATE OF COLORADO
COUNTY OF LA PLATA
MEADOWLARK SUBDIVISION PROPERTY OWNERS ASSOCIATION, INC.
A Nonprofit Corporation
BYLAWS
ARTICLE I. MEMBERSHIP AND VOTING RIGHTS.
Section 1. Every owner of a lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to a many not be separated from ownership of any lot which is subject to assessment.
Section 2. The Association shall have two classes of voting membership as follows:
Class A. Class A members shall be all owners, with exception of the Declarant, and shall be entitled to one (1) vote for each lot owned. When more than one person holds an interest all such persons shall be members. The vote for such in any lot, lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any lot.
Class B. The Class 3 member(s) shall be the Declarant (as defined in the Declaration), and shall be entitled to three. (3) votes for each lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier:
1. when the total votes outstanding in the Class A membership equals the total votes outstanding in the Class B membership; or
2. on January 1, 1990.
ARTICLE II. MEETINGS OF MEMBERS. The members shall meet at least annually and the annual meeting shall be on of each year and shall be held at the offices of the corporation in Durango, Colorado. Special meetings of the members may be called by the president or the board of directors, or by members constituting one-third of the votes entitled to be cast at any such meeting.
ARTICLE III. NOTICE OF MEMBERS MEETINGS. Written notice stating, the place, day and time of the meeting of the members, and in the case of a special meeting, the purpose of such meeting, shall be delivered either in person or by certified mail, return receipt requested, by or at the direction of the president, secretary, or officers or by any other person calling the meeting, not less than ten (10) nor more than (50) days before the date of the meeting. Such notices shall be deemed delivered when deposited in the United States Mail, postage prepaid, addressed to the member at the member's address as it appears in the records of the corporation. No notice is required of the annual meeting.
ARTICLE XII. The Board of Directors shall be authorized to set such annual assessments as it deems necessary for the proper financing of the business of the corporation, including but not limited to, maintenance of the roadways, pathways, drainage system, fire protection system, irrigation ditches and payment of the irrigation assessments, if any, and such special assessments as are required to meet the financial needs of the corporation. Such assessments shall be due within thirty (30) days after notice. Any unpaid assessment shall bear interest at a rate set from time to time by the Board of Directors and shall become a lien upon the property o f such member and enforced as any other encumbrance or lien or as provided in the Declaration of Protective Covenants for Meadowlark Subdivision.
ARTICLE XIII. RULES AND REGULATIONS. The Board of Directors shall have the authority to adopt such rules and regulations, subject to provisions or the Protective Covenants of Meadowlark Subdivision, as it deems necessary for the proper operation and maintenance of this subdivision and may fix such penalties as are fair and equitable for the violation of such rules and regulations.
ARTICLE XIV. MAINTENANCE AND IMPROVEMENTS. The Board of Directors shall be responsible for the maintenance, operation, and upkeep of all subdivision improvements as shown on the plat and improvement plan of Meadowlark Subdivision.
ARTICLE XV. AMENDMENTS. The Board of Directors shall, after reasonable notice to all directors (or without notice if all directors consent thereto) to alter, amend, repeal, or add to these bylaws or to adopt new bylaws.
I, the undersigned, Secretary of Meadowlark Subdivision Property Owners Association Inc., a Colorado Nonprofit Corporation do hereby certify that the foregoing is a true and complete copy of the bylaws of said corporation including all amendments to date, and as the same were adopted by the Board of Directors of said corporation on 1987.
VIEW PLAT FOR MEADOWLARK SUBDIVISION