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DECLARATION OF COVENANTS, CONDITIONS

 

AND RESTRICTIONS

 

OF

 

CAMBRIDGE FARM ASSOCIATION

 

THIS DECLARATION is made on the date hereinafter set forth by Standley Lake East Limited Liability Company, a Colorado limited liability company, hereinafter referred to as "Declarant".

 

RECITALS

 

A.   Declarant is the owner of certain property in the County of Jefferson, State of Colorado, which is more particularly described as Cambridge Farm Subdivision, according to the Official Development Plan ("ODP") and Plat thereof recorded in the records of the Clerk and Recorder of Douglas County, Colorado, respectively, at Reception Nos. 94114729 and 94171214, which ODP and Plat shall be a part of this Declaration.

 

B.   Declarant has caused to be formed a certain common interest community known as Cambridge Farm Subdivision, which is a "planned community" as that term is defined in the Colorado Common Interest Ownership Act.

 

C.   Declarant has caused to be incorporated the Cambridge Farm Association, a Colorado Not‑For‑Profit Corporation.

 

D    The Cambridge Farm common interest community is located completely within the County of Jefferson, in the State of Colorado.

 

E.   The real property that is the subject of this Declaration is described on Exhibit A, attached hereto and incorporated herein by this reference.

 

NOW, THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof.

 

ARTICLE I

 

DEFINITIONS

 

Section 1. "Association" shall mean and refer to Cambridge Farm Association, a not‑for‑profit Colorado corporation, its successors and assigns.

 

Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, including installment sale, purchasers, but excluding those having such interest merely as security for the performance of an obligation.

 

Section 3. "Properties" shall mean and refer to that certain real property described on Exhibit A.

 

Section 4. "Common Area" shall mean all real property owned by the Association for the common use and enjoyment of the Owners, and shall include any easements and/or rights of way for the benefit of the Association.

 

Section 5. "Lot" shall mean and refer to any plot of land shown upon the recorded ODP and Plat.

 

Section 6. "Declarant" shall mean and refer to Standley Lake East Limited Liability Company, its successors and assigns.

 

ARTICLE II

 

PROPERTY RIGHTS

 

Section 1. Owners' Easement of Enjoyment. Every owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot subject to the following provisions:

 

(a) the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members (no such dedication or transfer shall be effective unless an instrument signed by two‑thirds of each class of members agreeing to such dedication or transfer has been recorded.)

 

(b) the right of the Association to place such reasonable restrictions upon the use of the Common Area as it may deem advisable.

 

Section 2. Delegation of Use. Any Owner may delegate his right of enjoyment to the Common Area to the members of his family, his guests, invitees, or tenants who reside on the property.

 

Section 3. Maximum Number of Lots. Declarant reserves the right to create a maximum of 63 Lots.

 

ARTICLE III

 

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 and may not be separated from ownership of any Lot which is subject to assessment.

 

Section 2. The Association shall have one class of voting membership whose Members shall all be Owners and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot.

 

Section 3. The Articles of Incorporation of Cambridge Farm Association provide for a period of "Declarant Control" pursuant to which the Declarant or persons designated by such Declarant may appoint and remove the Officers and Members of the Executive Board. The period of "Declarant Control" terminates no later than either 60 days after conveyance of 75% of the Lots, or two (2) years after the last conveyance of a Lot by the Declarant in the ordinary course of business, whichever shall first occur. Not later than 60 days after conveyance of 25% of the Lots to Owners other than Declarant, at least one Member, and not less than 25% of the Members of the Executive Board must be elected by Owners other than the Declarant. Not later than 60 days after conveyance of 50% of Lots to Owners other than Declarant not less than 33 1/3% of the Members of the Executive Board must be elected by Owners other than the Declarant.

 

ARTICLE IV

 

COVENANT FOR MAINTENANCE ASSESSMENTS

 

Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges in the initial amount of $90.00 per year, and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs, and reasonable attorney's fees shall constitute a lien upon each Lot for which assessments are levied, and shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due.

 

His personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them. The lien for assessments created by this Section 1 shall attach to the Lot subject to unpaid assessments at such time as any amount due hereunder is past due more than 30 days without further action on the part of the Association; provided, the Association may, at is sole option, record a notice of lien on the affected Lot in records of the County Clerk and Recorder.

 

Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the health, safety, and welfare of the residents in the Properties and for improvement and maintenance of the Common Area located thereon, including purchase of hazard and liability insurance for the Association Common Areas. The Declarant makes no warranties with respect to the installations on the Common Area, except to pass on to the Association those warranties given to Declarant.

 

Section 3. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in an assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Areas, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two thirds (2/3) of the votes of those Members who are voting in person or by proxy at a meeting duly called for this purpose.

 

Section 4. Notice and Quorum for Any Action Authorized Under Section 3. Written notice of any meeting called for the purpose of taking any action authorized under Section 3 of this Article IV shall be sent to all Members not less than 30 days nor more than 60 days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast twenty‑five percent (25%) of all the votes of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be ten percent (10%) of all the Members. No such subsequent meeting shall be held more than 60 days following the preceding meeting.

 

Section 5. Uniform Rate of' Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots (i.e., each Lot owner pays a percentage equal to one divided by the total number of Lots subject to this Declaration) and may be collected in advance on a yearly, quarterly, or monthly basis as the Executive Board may determine. Initially, assessments shall be quarterly until modified by the Executive Board. Declarant shall be liable to pay annual assessment upon all Lots owned in its name.

 

Section 6. Date of Commencement of Annual Assessments: Due Dates. After the Association has made the initial common expense assessment, each Owner shall pay in advance a prorated amount of the annual assessment from the date of conveyance to the first day of the following quarter. (The first quarter shall commence on January 1st of each year.) Thereafter, the assessment will be due quarterly until changed by the Executive Board. Within thirty days after adoption of any proposed budget for the common interest community, the Executive Board shall mail, by ordinary first class mail, or otherwise deliver a summary of the budget to all the Lot owners. Within thirty days after adoption of any proposed budget for the common interest community, the Executive Board shall set a date for a meeting of the Lot owners to consider ratification of the budget not less than fourteen nor more than sixty days after mailing or other delivery of the summary. Until the Association makes a common expense assessment, the Declarant shall pay all common expenses. Each Lot owner is liable for assessments made against such owner's Lot during the period of ownership of such Lot.

 

Section 7. Effect of Nonpayment of Assessments; Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of eighteen percent (18%) per annum. The Association may bring action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property. No Owner may waive or otherwise escape liability for the assessments provided for herein by non‑use of the Common Area or abandonment of his Lot.

 

Section 8. Subordination of the Lien to Mortgages. Except as set forth in the Colorado Common Interest Ownership Act, the lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien.

 

ARTICLE V

 

ARCHITECTURAL CONTROL

 

Section 1. Architectural Advisory Committee. The Association shall maintain, as a standing committee the Architectural Advisory Committee (hereinafter referred to as "the Committee"). The purpose of the Committee shall be to carry out its duties and obligations imposed under the terms of the Declaration and to carry out the purposes and intent of the Declaration. The Committee shall have jurisdiction over all of the real property subject to the terms of the Declaration.

 

Section 2. Official Development Plan. The Cambridge Farm O.D.P. has been approved by the City of Westminster. Certain requirements exist in the O.D.P. regarding Lot size, set back, and construction standards. Any Developer, Builder, or Construction Company, as well as the Members of the Association shall be bound to the requirements of the O.D.P. and Plat.

 

Section 3. Composition of Architectural Advisory Committee. The Committee shall consist of three or more persons, one of whom shall be a chairperson elected by the Board, with the remainder of the Committee members being appointed by the Association's Executive Board.

 

Section 4. Purpose. The Committee shall regulate the external design, appearance and location of the improvements to any Lot at Lots in such a manner as (i) to promote those qualities in the community which bring value to the real property and (ii) to foster the attractiveness and functional utility of the community as a place to live, including a harmonious relationship among structures and vegetation. In fulfilling this purpose, the Committee shall review, study and either approve or reject plans for proposed landscaping or other alterations to the Properties, all in compliance with this Declaration, as amended, and Architectural Advisory Committee rules and regulations as may from time to time be adopted.

 

Section 5. Requirements. No building, landscaping, awning, patio cover, fence, wall, antenna, satellite dish, residence, structure or projection from any of the foregoing (whether of a temporary or a permanent nature and whether or not affixed to the ground) shall be commenced, erected, improved or altered, nor shall any change of exterior color be made or other work which in any way alters the exterior appearance of any Lot or improvement be done, without the prior written approval of the Committee. (Notwithstanding the foregoing provision, the Architectural Advisory Committee may adopt rules and regulations exempting certain landscaping, change in exterior color or other alterations from the approval requirement.) To obtain such approval, the Owner shall be required to submit written plans and specifications showing the nature, kind, shape, height, materials, color and location of the proposed improvement or alteration, together with such other information as may be requested by the Committee, and, thereafter, to complete said improvement or alteration in accordance with the approved plans and specifications in a good and workmanlike manner. Approval by the Committee shall be based upon the following factors:

 

(a) Compliance with the terms and conditions set forth in the Declaration and with the terms and conditions set forth in any Architectural Advisory Committee rules and regulations;

 

(b) Review of any such information in the plans and specifications as may have been reasonably requested by the Committee;

 

(c) The compatibility and harmony of the proposed improvement or alteration in relation to, and its effect upon, surrounding structures, uses, vegetation, real property which is visible, from the Lot upon which the proposed improvement or alteration is contemplated to be made, and the overall community design of the real property subject to the Declaration, as amended;

 

(d) The exterior design, appearance and materials contemplated for any proposed improvement or alteration;

 

(e) The color scheme, finish, proportions, style of architecture, location, height, bulk or appropriateness of any proposed improvement or alteration;

 

(f) Conformity of the plans and specifications to the purposes and general plan and intent of the limitations and restrictions imposed by the Declaration, as amended, and the Architectural Advisory Committee rules and regulations.

 

In any case where the Committee disapproves any plans and specifications submitted pursuant to this Section 4, or approves the same only as modified or upon specified conditions, such disapproval or qualified approval shall be given within thirty (30) days of the receipt of the plans and specifications by the Committee and shall be accompanied by a statement of the grounds upon which such action was based. In any such case, the Committee shall, if requested, make reasonable efforts to assist and advise the applicant in order that an acceptable proposal can be prepared and submitted for approval.

 

Section 6. Limitation of Liability. The Committee shall use reasonable judgment in approving or disapproving all plans and specifications submitted to it. Neither the Association's Executive Board, the Committee, nor any individual member of the Executive Board, or the Committee shall be liable to any person or entity for any official act of the Committee or the Executive Board in connection with submitted plans and specifications, except to the extent that the Committee, the Executive Board, or any individual member of the Committee or the Executive Board acted with malice or wrongful intent. Approval by the Committee does not necessarily assure approval by the appropriate governmental board or commission of Jefferson County, Colorado. Notwithstanding that the Committee has approved plans and specifications, neither the Committee, the Executive Board nor any individual member of the Committee or the Executive Board shall be responsible or liable to any owner, developer or contractor with respect to a loss, liability, claim or expense which may arise by the reason of such approval or the construction of the proposed improvement or alteration. Neither the Executive Board of the Association, the Committee, or any individual member or agent thereof, shall be responsible in any way for the defects in any plans or specifications submitted, revised or approved in accordance with the provisions of the Declaration, and any Architectural Advisory Committee rules and regulations, nor any structural or other defects in any work done according to such plans and specifications. In all events the Committee, the Executive Board, and the individual members thereof shall be defended and indemnified by the Association in any such suit or proceeding; provided, however, that the Association shall not be obligated to indemnify any member of the Committee or the Executive Board in the event such member of the Committee or the Executive Board shall be adjudged to be liable for actions attended by malicious or wrongful intent in the performance of his duty as a member of the Committee or the Executive Board unless and only to the extent that the Court in which such action or suit may be brought shall determine upon application that, despite the adjudication or liability but in view of all circumstances of the case, such person is fairly and reasonably entitled to indemnification for such expense as such Court shall deem proper.

 

Section 7. Appeal of Architectural Advisory Committee Decision. Any applicant may appeal an adverse Committee decision within thirty (30) days of its receipt to the Association's Executive Board, who within thirty (30) days thereafter, may sustain, reverse or modify such decision by a majority vote of all Board Members of the Association.

 

Section 8. Fees for Review. The Architectural Advisory Committee may adopt a reasonable fee schedule for review of any proposed improvements or other action undertaken by it at the request of any Owner. Such fee shall be paid simultaneously with any application or request for action by any Owner. (The Architectural Advisory Committee, in its sole discretion, may waive any fee relating to plans for initial construction of a single family residence. Any such waiver shall not affect the authority of the Architectural Advisory Committee to collect any subsequent fee related to initial construction or any other scheduled fee.)

 

ARTICLE VI

 

USE RESTRICTION

 

The use of the Common Area and the Lot's shall be subject to the restrictions set forth in Article II, and to those restrictions hereinafter set forth.

 

(a) No use shall be made of any of the Lots or of the Common Area which will in any manner violate the statutes, rules or regulations of any governmental authority having jurisdiction over the Common Area.

 

(b) No owner shall place any structure or improvements whatsoever upon the Common Area, nor shall any Owner engage in any activity which will temporarily or permanently deny free access to any part of the Common Area to all Members.

 

(c) The Use of the Common Area shall be subject to such reasonable rules and regulations as may be adopted from time to time by the Board of Directors of the Association.

 

(d) No use shall be made of the Common Area which will deny ingress and egress to those Owners having access to Lots only over the Common Area and the right of ingress and egress to said Lots by vehicle and otherwise is hereby expressly granted.

 

(e) Each and every one of the said Lots shall be used for private family residence purposes only. No structures of a temporary character, mobile home, trailer, basement, tent, shack, garage, barn or other outbuildings shall be used on any portion of the premises at any time as a residence either temporarily or permanently. No more than two (2) separate detached buildings may be built on any one Lot and only one of such buildings may contain living quarters.

 

(f) No room or rooms in any residence or parts thereof may be rented or leased and no paying guests shall be quartered in any residence. Nothing contained in this Section, however, shall be construed as preventing the renting or leasing of an entire Lot and all improvements thereon as a single unit to a single family unit allowed by the zoning laws of the City of Westminster. No business or profession shall be conducted upon the Lots, and no exterior signs of any nature shall be shown or displayed with respect to any business or profession.

 

(g) Every principal residence constructed on any Lot shall have not less than 1,800 square feet of floor area devoted to living purposes, and if more than one story is constructed, then the main floor shall have not less than 1,100 square feet of floor area devoted to living space, exclusive of roofed or unroofed porches, terraces, basements and garages and exclusive of walk‑out basements. Each principal residence shall have a garage of sufficient size to house not less than two cars. Further, each such residence shall provide a driveway suitable for off‑street parking for at least two cars, excluding the space in the garage. No other off‑street parking shall be constructed or permitted without the written permission of the Architectural Advisory Committee. No dwelling shall be permitted on any lot at a cost of less than $100,000.00, adjusted annually for inflation based upon changes to the Denver‑Boulder Consumer Price Index from and after recording of these Declarations.

 

(h) Maximum building height requirements shall not exceed 35'.  The designated maximum building height shall be considered as the vertical distance from the average finished ground level of the building site to the highest point of the structure directly above said ground level. The designated maximum building height requirements may be waived by the Committee when in their opinion such structures relate to sound architectural planning and land use and conform to the overall design and pattern of the development and was approved by the City of Westminster.

 

(i) No building shall be located on any Lot nearer to the front Lot line or nearer to the side street line than the minimum building setback requirements established from time to time by the City of Westminster with respect to the Property. In any event, no building shall be located on any Lot nearer than 20 feet to the front Lot line (unless the Lot shall have a driveway entering the Lot from the front, in which event, no building on such Lot shall be located any nearer than 15 feet to the front Lot line), or nearer than seven (7) feet to any side street line.

 

(j) All electric, telephone, television, radio and other utility line connections shall be placed underground when extended from the Lot line to any dwelling. Satellite dishes with a diameter of 24 inches or less to be installed in inconspicuous locations may be installed if approval for same is given by the Architectural Advisory Committee pursuant to this Declaration and the rules adopted by the Architectural Advisory Committee, if any.

 

(k) At the time plans and specifications receive approval from the Committee, the prospective builder shall proceed diligently with construction of said building and the same shall be ready for occupancy within a maximum period of one (1) year's time from the date of commencement, excepting, however, that this period may be extended by written instrument as may be deemed reasonable by the Committee if said extension is made necessary by reason of inclement weather, inability to obtain materials, strikes, act of God, etc.

 

(1) No structure shall be occupied or used for the purpose for which it was designed or built until the same shall be approved and/or inspected by the City Building Inspector or such other official designated by the City of Westminster or County of Jefferson. No structure erected upon any Lot shall be occupied in any manner while in the course of construction nor at any time prior to its being fully completed, as herein required.

 

(m) No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except that dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for any commercial purposes.

 

(n) Drying of clothes, clotheslines, equipment, garbage cans, service yards, or storage piles shall be kept screened by adequate planting or fencing as herein permitted so as to conceal them from view of neighboring Lots and Common Area.

 

(o) The following shall not be permitted without approval in writing of the Architectural Advisory Committee:

 

(1) Exterior television antennas, satellite dishes, radio antennas, solar panels or swamp coolers maintained upon the Lots or any portion of the improvements located upon the Lots or upon any structure situated upon the Lots.

 

(2) Fiberglass or similar materials for any exterior roofing or walls.

 

(3) Exterior colors which are not earth tones. (The fact that a particular color may be defined as an "earth tone" shall not deprive the Architectural Advisory Committee from the right to accept or reject such color.)

 

(p) Each Lot and any and all improvements from time to time located on such Lot, including landscaping, shall be maintained by the Owner thereof in good condition and repair.

 

(q) No fence, wall, hedge or shrub planting which constricts sight lines at elevations between two and six feet above the roadways shall be placed or permitted to remain on any corner Lot within the area defined as being restricted pursuant to the City of Westminster sight triangle code.

 

(r) Each owner of a Lot shall be responsible for repairing and maintaining in a reasonably attractive condition any fence located on such Owner's Lot. If a fence, or portion thereof, is located on the common Lot line separating two or more adjoining Lots, then the owners of such adjoining Lots shall be responsible for repairing and maintaining such common fence in a reasonably attractive condition in proportion of each such owner's proportionate ownership of such common fence. If a fence, or portion thereof, is located on a Lot line separating a Lot from an adjoining public right‑of‑way, street, green belt area or other property which is not an adjoining Lot, then the owner of such Lot shall be responsible for repairing and maintaining such fence, or portion thereof, in a reasonably attractive condition. The Architectural Advisory Committee shall have the right and power on behalf of all the owners, to enforce the obligations established by this Paragraph. Any owner constructing, installing, erecting, modifying or replacing a fence shall obtain the approval of the Architectural Advisory Committee thereto in accordance with the provisions of Article V, Section 1 of this Declaration.

 

(s) No noxious, offensive or dangerous activity shall be carried on upon the Lots, nor shall anything be done or placed thereon which may be or become a nuisance, or cause unreasonable embarrassment, disturbance, annoyance or danger to other Owners.

 

(t) No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition.

 

(u) All Owners shall remove from their land any growth infested with noxious insects or contagious plant diseases.

 

(v) No Owner or resident shall repair, or permit any other person to repair, any car, boat or other vehicle except in an enclosed area which is shielded from the view from the street and neighboring properties. The foregoing shall not apply to minor repair and maintenance procedures which do not exceed four (4) hours in duration. In no event shall vehicles which are inoperable or not regularly driven be permitted to park for more than 48 hours in any private driveway or on any adjacent street.

 

(w) Trucks and commercial vehicles, trailers, mobile homes and detached camper units shall not be kept, placed, stored or maintained upon any Lot in such manner that such vehicle is visible from neighboring Lots or any road. For the purposes of this Paragraph, a 3/4 ton or smaller vehicle, commonly known as a pick‑up truck or van, shall not be deemed to be a "truck" or "commercial vehicle". Boats and other similar watercraft shall not be stored upon any Lot in such manner as to be visible from neighboring Lots or any road. The provisions of this Paragraph shall not apply to temporary construction shelters or facilities maintained during and used exclusively in connection with the construction of any dwellings or improvements permitted by this Declaration.

 

(x) No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any Lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot.

 

(y) Each Owner shall fully landscape all front and side yards of each Lot within six months of initial occupancy of the improvements thereon.

 

ARTICLE VII

 

EASEMENTS

 

The easements over and across the Common Area shall be those shown, or provided for upon the recorded ODP and Plat of Cambridge Farm. Declarant has an easement through the common elements as may be reasonably necessary for the purpose of discharging Declarant's obligations arising under the Colorado Common Interest Ownership Act, to complete improvements within the land subject to these Declarations or arising under the Declarations.

 

ARTICLE VIII

 

GENERAL PROVISIONS

 

Section 1. Enforcement. Every violation of these covenants or any part hereof is hereby declared to be and to constitute a nuisance, and every public or private remedy allowed therefore by law or equity against a Lot owner, shall be applicable against every such violation and may be exercised by any Lot owner or by the Architectural Advisory Committee on behalf of all the Lot owners. In any legal or equitable proceeding for the enforcement of or to restrain the violation of this Declaration, or any provision hereof, the losing party or parties shall pay reasonable attorneys' fees of the prevailing party or parties in the amount as may be fixed by the court in such proceedings. All remedies provided herein at law or in equity shall be cumulative and not exclusive.

 

Section 2. Severability. Invalidation of any of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. The failure of the Architectural Advisory Committee to enforce any of the conditions, covenants, restrict ions or reservations herein contained shall in no event be deemed to be a waiver of its right to do so for subsequent violations or of the right to enforce any other provision of this Declaration.

 

Section 3. Amendment. The covenants and restrictions of this Declaration shall be perpetual and shall run with and bind the land. This Declaration may be amended by an instrument signed by not less than sixty‑six and two‑thirds percent (66 2/3%) of the Lot Owners. Any amendment must be recorded. Additionally, the ODP and Plat referred to in Recital A may be amended by an instrument signed by not less than 66 2/3% of the Lot owners.

 

Section 4. Annexation. Additional residential property and common area may be annexed to the properties with the consent of two‑thirds of the Lot Owners. Declarant has not reserved the right to create any new Lots to be subject to this Declaration.

 

Section 5. Reports and Records. The Association shall furnish such reports and records, and make available the association books as required by the Colorado Common Interest Ownership Act. In addition, the Association shall furnish the unpaid assessment statement and any other information required by the Colorado Common Interest Ownership Act, or any other law.

 

Section 6. Budget. Within thirty days after adoption of any proposed budget for the common interest community, the Executive Board shall mail, by ordinary first‑class mail, or otherwise deliver a summary of the budget to all the Owners and shall set a date for a meeting of the Owners to consider ratification of the budget not less than fourteen nor more than sixty days after mailing or other delivery of the summary. Unless at that meeting a majority of all Owners reject the budget, the budget is ratified, whether or not a quorum is present. In the event that the proposed budget is rejected, the periodic budget last ratified by the Owners must be continued until such time as the owners ratify a subsequent budget proposed by the Executive Board.

 

Section 7. Rules and Regulations. The Association, acting through its Executive Board, may adopt rules and regulations consistent with the expressed or implied purposes of the Declaration, as amended, which govern, but need not necessarily be limited to: use of Lots and Common Areas; procedures for the adoption, levy, collection and enforcement of assessments; general conduct of owners, members of their immediate family and their guests and invitees on the Common Areas; pet control; noxious, offensive or dangerous activity; nuisances; residential exterior maintenance; services; financial matters; enforcement of the Declaration, and rules and regulations adopted pursuant thereto; interpretation of the Declaration, and rules and regulations adopted pursuant thereto; building and landscape control; and design and construction matters, including Design Guidelines.

 

Prior to the adoption of any future proposed rules and regulations, or an amendment or repeal of any then existing rules and regulations, the Executive Board of the Association shall give notice of the proposed action to all Owners and provide the Owners with an opportunity to attend a meeting of the Executive Board regarding such actions. Notice of the proposed actions shall be given by first class mail to the last known address of each known Owner. Any such notice shall state the time, place and nature of the proceedings, which shall be held not less than ten (10) days after mailing, the authority under which the action is proposed, and either the terms or substance of the proposed rules and regulations or a description of the subjects and issues involved.

 

At the time and place specified in the notice, the Association shall hold a public hearing at which it shall afford interested Owners an opportunity to submit written data, views or arguments. In the event the Board adopts the initial proposal or a proposal substantially similar to the initial proposal, any action taken shall become effective ten (10) days thereafter. In the event of any material revisions made by the Board to the proposed actions subsequent to the giving of notice to all Owners, as a result of Owner comment or otherwise, the proposed actions, as revised, shall become effective ten (10) days after the Board votes to adopt same and gives notice to each Owner of such revisions, in the manner provided above.

 

Section 8. Variances. Recognizing that the Declaration cannot address all conceivable situations which may arise, and further, recognizing the need for flexibility in administration of the Declaration, so as not to create unnecessary hardship, the Association's Executive Board may, in its sole discretion, and on behalf of all of the Owners of property subject to the Declaration, grant variances, whether permanent or limited in duration, from any of the terms and conditions contained within the Declaration, as amended, and rules and regulations adopted thereunder. Any variances so granted shall be binding on the Association and all Owners of property subject to the Declaration, as amended. The procedure for application shall be the same as is provided above in Article V, Section 4, except application shall be made to the Association's Executive Board, rather than to the Architectural Advisory Committee.

 

In granting variances hereunder, the following shall be applicable:

 

(a) any variance granted hereunder shall run with the property for which it is granted;

 

(b) if a variance is denied, another application for the same or similar variance for the same property may not be made for a period of one year;

 

(c) a variance shall not be granted unless at least 75% of the members of the Executive Board of the Association find that all of ‑'the following conditions exist:

 

(i) owing to unusual circumstances, literal enforcement of the Declaration will result in unnecessary hardship;

 

(ii) the variance will not substantially or permanently injure the use of other property subject to the Declaration;

 

(iii) the variance will not alter the essential character of the Properties subject to the Declaration;

 

(iv) the variance will not weaken the general purposes of the Declaration;

 

(v) the variance will be in harmony with the spirit and purpose of the Declaration; and

 

(vi) the circumstances leading the applicant to seek a variance are unique or peculiar to the property or its Owner and are not applicable generally to property subject to the Declaration.

 

Section 9. Declaration Deemed to Run with the Land. The Declaration and the restrictions, covenants and conditions contained in the Declaration shall be deemed to run with the land and shall inure to and be binding upon all property subject thereto and upon each person or entity who now owns or who hereafter acquires ownership or any right, title or interest in any property which is subject to the Declaration.

 

Section 10. Right to Enforce Declaration. The Declaration and the restrictions, covenants and conditions contained therein are for the benefit of the Owners, jointly and severally, and for the benefit of the Association and of the Architectural Advisory Committee, and may be enforced by an action for damages, suit for injunction, mandatory or prohibitive, or such other appropriate legal remedy as may be available, instituted by any Owners, the Association, the Architectural Advisory Committee, or any combination thereof; provided, however, that prior to the commencement of any enforcement proceedings by any Owner, that Owner shall advise the Association's Executive Board in writing, of the claimed violation, and the Board shall attempt to compel compliance or commence enforcement proceedings in the name of the Association. In the event the Association's Executive Board refuses to act to remedy the claimed violation within thirty days, then and only then may an Owner, separately, and at his sole cost and expense, attempt to enforce the Declaration. No action shall be brought or maintained against the Executive Board, the Association or Members thereof in the event the Board elects to take no action with respect to alleged violations of the Declaration.

 

Section 11. Violation Deemed Nuisance. Any act or omission whereby any restriction, condition or covenant of the Declaration, or any rule or regulation promulgated under the authority granted by the Declaration, is violated in whole or in part is declared to be and to constitute a nuisance and may be enjoined or abated, whether or not the relief sought is for negative or affirmative action by the Association, the Committee, or by any Owner, subject to the provisions of Article VIII, Section 10.

 

Section 12. Use for Sales Purposes. Declarant and any builder or builders who acquire land from Declarant for the purpose of constructing a residence thereon may maintain sales offices, management offices, and models in the common interest community upon any Lots owned by Declarant or such builders. Declarant or any builder shall be allowed to remove any improvements used as a sales office, management office or model so long as it is promptly removed after Declarant or any builder who acquires any Lots from Declarant ceases to own any Lots.

 

This Declaration of Covenants, Conditions and Restrictions of Cambridge Farm Association, shall be effective as of the 22nd day of November, 1994.

 

STANDLEY LAKE EAST LIMITED LIABILITY COMPANY

 

By: Ledyard H. M. Brady, Manager

 

By: Dennis M. Hipp, Manager

 

STATE OF COLORADO

                      ss.

COUNTY OF DENVER

 

The foregoing instrument was acknowledged before me this 2nd day of November, 1994, by Ledyard H. M. Brady and Dennis M. Hipp, as Managers of Standley Lake East Limited Liability Company.

 

Witness my hand and official seal.

 

My Commission expires: Sept 29, 1998

Notary Public