ARTICLE ...........................................................................................................1
DECLARATION ...............................................................................................1ARTICLE ...........................................................................................................2
PURPOSES AND PROPERTY AFFECTED ...................................................1
2.1 General Purpose. ..........................................................................................1
2.2 Property Affected..........................................................................................1ARTICLE ...........................................................................................................3
DEFINITIONS.................................................................................................. 1
3.1 Declarant. .....................................................................................................1
3.2 Property. .......................................................................................................2
3.3 Lot. ................................................................................................................2
3.4 Common Elements. .......................................................................................2
3.5 Owner. ..........................................................................................................2
3.6 Association. ..................................................................................................2
3.7 Architectural Control Committee. ..................................................................2
3.8 Plat. ...............................................................................................................2ARTICLE ...........................................................................................................4
RESTRICTIONS ON USE OF THE PROPERTY ...........................................2
4.1 Residential Use. ............................................................................................2
4.2 Access. .........................................................................................................2
4.3 Privacy Walls and Fences. ...........................................................................2
4.4 No Business or Commercial Activity. ..........................................................3
4.5 Limitation on Improvements. .......................................................................3
4.6 Minimum Floor Area. ..................................................................................3
4.7 Height Limitations. ......................................................................................3
4.8 Setback Requirements. .................................................................................3
4.9 Garages Required. .......................................................................................3
4.10 Landscaping Requirement. ........................................................................3
4.11 Maintenance. .............................................................................................4
4.12 Utilities. .....................................................................................................4
4.13 Reservoir. ..................................................................................................4
4.14 No Noxious or Offensive Activity. ............................................................4
4.15 Urban/Wildland Interface. .........................................................................4
4.16 No Hazardous Activities. ...........................................................................4
4.17 Visible Items and Conditions. ....................................................................4
4.18 Lights, Sounds or Odors. ...........................................................................5
4.19 Restriction on Animals. ..............................................................................6
4.20 Restriction on Signs. ..................................................................................6
4.21 Address Signs and Associated Lighting. ....................................................6
4.22 Solid Fuel Burning Devices. ......................................................................6
4.23 No Subdivision of Lots. .............................................................................6
4.24 No Mining or Drilling. ...............................................................................7
4.25 No Temporary Structures. ..........................................................................7
4.26 Construction Period Exception; Construction Hours. .................................7
4.27 Damage or Destruction of Improvements. ..................................................7
4.28 Variances by Architectural Control Committee. ..........................................8
4.29 Maintenance and Emergency Exceptions. ...................................................8
4.30 Fire Hydrants. .............................................................................................8ARTICLE ...........................................................................................................5
ARCHITECTURAL CONTROL .......................................................................8
5.1 Change in the Existing State of Property. .....................................................8
5.2 Approval of Changes. ...................................................................................9
5.3 Architectural Standards. ................................................................................9
5.4 Fee for Architectural Review. .....................................................................10
5.5 General Criteria for Committee. .................................................................10
5.6 Completion of Work After Approval. .........................................................10
5.7 Estoppel Certificate. ....................................................................................11ARTICLE ..........................................................................................................6
ARCHITECTURAL CONTROL COMMITTEE ............................................11
6.1 Architectural Control Committee Membership. ..........................................11
6.2 Action by Architectural Control Committee. ...............................................11
6.3 Appeals. ......................................................................................................11
6.4 Power to Employ Consultants. ....................................................................12
6.5 Association Payment of Compensation and Costs. .....................................12ARTICLE ...........................................................................................................7
OWNERS' ASSOCIATION ............................................................................12
7.1 Creation of Association. ..............................................................................12
7.2 Maintenance of Common Elements. ............................................................12
7.3 Road and Driveway Maintenance. ...............................................................12
7.4 Security Services. ........................................................................................12
7.5 Trash Removal. ...........................................................................................13
7.6 Enforce Declaration. ....................................................................................13
7.7 Association May Take Action if Noncompliance
by Owners; Compliance Expenditures. .............................................................13
ARTICLE ...........................................................................................................8
OPERATION OF ASSOCIATION .................................................................13
8.1 Membership in Association. .......................................................................13
8.2 Board of Managers. ....................................................................................13
8.3 Certificate of Incorporation and Bylaws. .....................................................14
8.4 Assessments, Fines and Compliance Expenditures. ....................................14
8.5 Determination of Budgets; Special Assessments. .......................................14
8.6 Amount of Assessment for Each Lot. .........................................................14
8.7 Other Matters Relating to Assessments. .....................................................15
8.8 Lien for Assessments, Fines and
Compliance Expenditures. .................................................................................15
8.9 Right of Entry of Association Representatives. ............................................15ARTICLE ...........................................................................................................9
ADDITIONAL REQUIREMENTS FOR LOT 18 ...........................................15
9.1 General Limitations. ....................................................................................15
9.2 Specific Limitations. ....................................................................................15
9.3 Perpetual Deed Restriction. .........................................................................17ARTICLE .........................................................................................................10
SPECIAL NOTICES ........................................................................................17
10.1 Geologic Conditions. ................................................................................17
10.2 Geologic Considerations. ..........................................................................17
10.3 Indemnity of Gunnison County. ...............................................................17ARTICLE .........................................................................................................11
RESERVATION OF LOT 17 FOR AFFORDABLE HOUSING ..................17
11.1 Declaration. ..............................................................................................17
11.2 Creation of Units. .....................................................................................18
11.3 Qualified Purchaser. .................................................................................18
11.4 Initial Sale Procedure. ...............................................................................19
11.5 Resale of Affordable Housing Units. .......................................................19ARTICLE .........................................................................................................12
COVENANTS OF MASTER ASSOCIATION ...............................................20
ARTICLE .........................................................................................................13
MISCELLANEOUS .........................................................................................20
13.1 Duration of Declaration. ............................................................................20
13.2 Amendment of Declaration. .......................................................................20
13.3 Effect of Provisions of Declaration. ..........................................................20
13.4 Enforcement and Remedies. ......................................................................20
13.5 Limited Liability. .......................................................................................20
13.6 Severability. ...............................................................................................21
13.7 Captions. ...................................................................................................21
DECLARATION OF PROTECTIVE COVENANTSPRISTINE POINT AT CRESTED BUTTE
THIS DECLARATION, made this 16th day of September, 1997, by Pristine Point, Inc., a Colorado corporation ("Declarant").
ARTICLE 1
DECLARATIONDeclarant hereby declares that the Property (hereinafter defined) shall be held, sold and conveyed subject to the following covenants, conditions, restrictions and obligations, all of which are declared and agreed to be for the protection of the value of the Property and for the benefit of all persons acquiring an interest therein, shall be deemed to run with the land, and shall be a benefit and burden to all persons acquiring an interest in the Property, their grantees, successors, heirs, legal representatives and assigns and their tenants, employees, guests and invitees.
ARTICLE 2
PURPOSES AND PROPERTY AFFECTED2.1 General Purpose. This Declaration is established to provide that the Property shall be developed and maintained as a single-family residential area of the highest possible quality, value, desirability and attractiveness; notwithstanding the foregoing statement, the Declarant has reserved Lot 17 for development of affordable housing, which may include affordable multifamily residential structures on that lot only.
2.2 Property Affected. Declarant is the owner of the real property ("Property"), described on attached EXHIBIT A which is hereby made subject to the provisions of this Declaration.
ARTICLE 3
DEFINITIONS3.1 Declarant. "Declarant" shall mean the Declarant and its successors and assigns. No party shall be deemed a successor or assign of Declarant unless such party is specifically designated as a successor or assign of Declarant under this Declaration by a written Designation of Successor or Assign executed by Declarant. The Association hereinafter provided for may become a successor or assign of Declarant.
3.2 Property. "Property" shall mean the real property described on EXHIBIT A hereto and made subject to the provisions of this Declaration.
3.3 Lot. "Lot" shall mean any parcel of the Property shown on the Plat and identified therein as a lot or site in Pristine Point at Crested Butte.
3.4 Common Elements. "Common Elements" shall include, but shall not be limited to, open space, utility facilities, public parking areas, Meridian Lake Park Reservoir No. 1 and its dam and spillway (until such time as the dam and reservoir are conveyed to the Mt. Crested Butte Water and Sanitation District) private roadways, bridge, pedestrian access easements, miscellaneous structures, entryway gate(s), and private road signage.
3.5 Owner. "Owner" shall mean the party or parties who own fee simple title to a Lot or own that estate or interest with respect to a Lot which is most nearly equivalent to fee simple title.
3.6 Association. "Association" shall mean Pristine Point Owners' Association, a Colorado nonprofit corporation.
3.7 Architectural Control Committee. "Architectural Control Committee" shall mean the Architectural Control Committee appointed as provided in Section 6.1 of this Declaration.
3.8 Plat. "Plat" shall mean the Plat of Pristine Point at Crested Butte, recorded in the offices of the Clerk and Recorder of the County of Gunnison, State of Colorado, as it may be modified or supplemented from time to time.
ARTICLE 4
RESTRICTIONS ON USE OF THE PROPERTY4.1 Residential Use. Each Lot except Lot 17 shall be used exclusively for single-family residential purposes and such purposes as are customarily incident thereto. No Lots may be combined.
4.2 Access. No house or other structure may have access from open space. All structures shall have access only from designated roadways , except as may be adjusted for site conditions as approved by the Architectural Control Committee.
4.3 Privacy Walls and Fences. The height, material and color of any wall or fence constructed on the Property shall conform to the Architectural Standards set forth in this Declaration. Solid, high wall types of fences shall be discouraged. Open, shorter types of fencing, such as split rail, shall be preferred.
4.4 No Business or Commercial Activity. No Lot shall be used at any time for business commercial or professional activity, excluding home occupations, so long as those activities show no visible exterior signs or conduct of those activities, and so long as no more than two (2) vehicles are connected with that activity while visiting that Lot, except that Declarant or its nominee may use any portion of the Property owned by Declarant in connection with the real estate sales efforts until such time as all Lots have been sold.
4.5 Limitation on Improvements. No Lot, except Lot 17, shall be improved except with a residential structure designed to accommodate no more than a single family, its domestic employees and occasional guests, plus other improvements and structures as are necessary or customarily incident to a single-family residence, all as approved by the Architectural Control Committee. No outdoor recreational improvements, facilities or equipment shall be permitted except with the specific written consent of the Architectural Control Committee, which consent shall not be granted unless the Architectural Control Committee determines that such improvements, facilities and equipment will not constitute an infringement on the use and enjoyment of other Lots.
4.6 Minimum Floor Area. The residential structure on each Lot except Lot 17 shall have a minimum improved floor area for living space of two thousand (2,000) square feet, exclusive of unfinished basements, garages, porches, patios and accessory structures.
4.7 Height Limitations. No structure or other above-ground improvement on any Lot shall rise to a height greater than thirty-five (35) feet as measured from its median height.
4.8 Setback Requirements. All improvements on a Lot, except landscaping and necessary crossings by access drives and underground utility lines, shall be set back from the boundaries of the Lot as prescribed by the Architectural Control Committee, the Plat, or ordinances of the County of Gunnison, whichever is most restrictive. Setback requirements for Lot 18 shall be as depicted on the Plat.
4.9 Garages Required. Construction of a residential structure on each Lot, except Lot 17, shall include construction of a garage upon the Lot which shall at a minimum be of a size sufficient to accommodate two full-sized automobiles.
4.10 Landscaping Requirement. At the time of, or as soon as reasonably possible, following construction of the residential structure on a Lot, but no later than seven (7) months or one (1) growing season after substantial completion of the residential structure, disturbed areas shall be landscaped with grass, shrubs and trees. Thereafter, all grass, shrubs and trees shall be kept and maintained in an attractive healthy, live and growing condition. All dead or diseased grass areas, shrubs and trees shall be promptly removed and replaced with suitable replacement landscaping.4.11 Maintenance. All improvements on Lots shall be kept and maintained in a clean, safe, and attractive condition and shall be kept in good repair. Unimproved Lots shall be kept and maintained in a clean, safe, and attractive condition.
4.12 Utilities. All utility lines shall be underground. Owners will be responsible only for running utility lines from the Lot line to structures.
4.13 Reservoir. The dam, spillway, and structural elements of the Meridian Lake Park Reservoir No. 1 shall be maintained as required by the Colorado Division of Water Resources by the Association until such time as the dam and reservoir are conveyed to the Mt. Crested Butte Water and Sanitation District. Thereafter, the District shall maintain the dam, spillway, and structural elements of the Reservoir.
4.14 No Noxious or Offensive Activity. No noxious or offensive activity shall be carried on within the Property nor shall anything be done or placed on any Lot or any other portion of the Property which is or may become a nuisance or cause annoyance to other Owners. Habitually barking, howling or yelping dogs shall be deemed a nuisance. Patios and balconies shall not be used for storage other than of patio furniture.
4.15 Urban/Wildland Interface. All Lots within the Property shall comply with NFPA 299 - Standard for Protection of Life and Property from Wildfire.
4.16 No Hazardous Activities. No activities shall be conducted on the Property and no improvements shall be constructed on the Property which are or might be unsafe or hazardous to any person or property. Without limiting the generality of the foregoing, no firearms shall be discharged upon the Property and no open fires shall be lighted or permitted on the Property except in a contained barbecue unit while attended and in use for cooking purposes or within a safe and well designed interior fireplace.
4.17 Visible Items and Conditions. No unsightliness that is visible from any street or from any other Lot shall be permitted on any Lot. Without limiting the generality of the foregoing:
4.17.1 All unsightly facilities, equipment, objects and conditions shall be enclosed within a structure approved in writing by the Architectural Control Committee for such purposes;
4.17.2 Campers, campers not on a truck, mobile or motor homes, trucks other than pick-up trucks and other large vehicles shall not be permitted on the Property except within a structure approved in writing by the Architectural Control Committee for such purposes and except for vehicles of guests and visitors;
4.17.3 Tractors, permitted vehicles other than automobiles, snow removal equipment and garden or maintenance equipment shall be kept at all times, except when in actual use, in a structure approved in writing by the Architectural Control Committee for such purpose;
4.17.4 Refuse, garbage and trash shall be kept at all times in a covered bear-proof container which shall be kept within a structure approved in writing by the Architectural Control Committee for such purpose and each Owner shall contract for private trash removal service commencing on the date a building permit is issued for such Owner's Lot;
4.17.5 Service areas and facilities for hanging, drying or airing of clothing or fabrics shall be kept within a structure approved in writing by the Architectural Control Committee for such purpose;
4.17.6 Pipes for water, gas, sewer, drainage or other purposes, and wires, poles, antennae and other facilities for the transmission or reception of audio, electronic or visual signals or electricity, and utility meters or other facilities shall be approved in writing by the Architectural Control Committee for such purposes or kept below the surface of the ground;
4.17.7 No lumber, grass, shrub or tree clippings or plant waste, compost, metals, bulk materials or scrap, refuse or trash shall be kept, stored or allowed to accumulate on the Property unless within a structure approved in writing by the Architectural Control Committee for such purpose, except for a reasonable period of time; and
4.17.8 Garage doors shall be kept closed when the garage doorway is not in use.
4.18 Lights, Sounds or Odors. All exterior lighting shall be designed and directed as approved in writing by the Architectural Control Committee. No light shall be emitted from any Lot which is unreasonably bright or causes unreasonable glare. All exterior lights shall be shielded to the extent practicable to minimize or eliminate, if possible, visibility of such exterior lights from adjacent property. No sound shall be emitted from any Lot which is unreasonably loud or annoying. No odor shall be emitted from any Lot which is noxious or offensive to other Owners.
4.19 Restriction on Animals. No animals, including horses and livestock, shall be kept on any Lot, except that Owners may keep dogs, cats, birds or other animals which are bona fide household pets, so long as such pets are not kept for commercial purposes and do not make objectionable noises or otherwise bother or constitute a nuisance to other residents or to wildlife. Dogs shall be kept within the boundary lines of the Lot of the Owner and shall be kept on a leash and under the control of the Owner when outside the Owner's Lot.
4.20 Restriction on Signs. No signs or advertising devices of any nature shall be erected or maintained on any Lot except to identify the address and Owner of the Lot or to indicate that the Lot is for sale. No sign shall be erected or maintained on any Lot without the prior written approval of the Architectural Control Committee. The foregoing shall not restrict the Owner from erecting political signs, providing that such political signs are not erected for more than thirty (30) days prior to, and shall be removed the day after, the election for which they were erected. Notwithstanding the foregoing, the Declarant or Association may erect signs approved by the Declarant or the Association,
4.20.1 for Declarant's sales purposes;
4.20.2 for identification purposes;
4.20.3 to advise of rules and regulations adopted by the Association;
4.20.4 to caution or warn of danger; or,
4.20.5 which are required by law.
4.21 Address Signs and Associated Lighting. At the time of construction of a residential structure on a Lot, the Owner shall be required to construct or install a sign showing the address number of the Lot and associated lighting pursuant to uniform standards prescribed in writing by the Architectural Control Committee and consistent with the limitations on outdoor lighting contained in Section 4.18 this Declaration.
4.22 Solid Fuel Burning Devices. All solid fuel burning devices shall be designed to reduce polluting emissions from burning wood and other fuel and shall comply with all applicable requirements of Gunnison County and the Environmental Protection Agency. All stoves shall comply with Regulation No. 4 of the Colorado Air Quality Control Commission.
4.23 No Subdivision of Lots. No Lot except Lot 17 may be divided or subdivided or a fractional portion thereof sold or conveyed so as to be held in divided ownership, except that adjoining Lot Owners may sell or purchase adjoining property to accomplish relocation of the boundary line between such Lots if approved in writing by the Architectural Control Committee and if such sale and purchase will not cause or result in a violation of law or of any setback, building or other restriction contained herein. In such cases, the new boundary line thus established shall be deemed the new boundary line between the respective Lots but no setback line or easements established with respect to the former boundary line shall be changed or shifted by reason of the change of boundary line.
4.24 No Mining or Drilling. No Lot shall be used for the purpose of mining, quarrying, drilling, boring or exploring or removing water, oil, gas or other hydrocarbons, minerals, rocks, stones, gravel or earth.
4.25 No Temporary Structures. No temporary building, improvement or structure shall be placed upon any Lot, except by Declarant for use in connection with the sales of Lots, or except with the prior written consent of the Architectural Control Committee obtained in each instance, which consent shall be granted only for a particular social, cultural, entertainment or recreational purpose of a short-term duration.
4.26 Construction Period Exception; Construction Hours. During the course of actual construction of any permitted structure or improvements, and provided construction is proceeding with due diligence, the provisions contained in this Article 4 shall be deemed temporarily suspended as to that Lot to the extent necessary to permit such construction and, provided that, during the course of such construction, nothing is done which:
4.26.1 will result in a violation of any of the provisions of this Declaration upon completion of construction; or,
4.26.2 will constitute a nuisance or unreasonable interference with the enjoyment by other Owners of their Lots.
Notwithstanding anything contained herein to the contrary, no work shall be performed on any Lot prior to 7:00 o'clock a.m. or after 7:00 o'clock p.m., nor shall any work be performed on any Lot on any Sunday or national holiday without the prior written approval of the Architectural Control Committee.
4.27 Damage or Destruction of Improvements. In the event of complete or partial damage or destruction of any improvements on a Lot, for any reason or from any cause whatsoever, the Owner shall promptly proceed to repair and replace such improvements, subject to approval of the Architectural Control Committee, as though such repair or replacement involved construction of an original structure, or shall promptly proceed to raze the improvement and to landscape the portion of the Lot formerly occupied by such improvement in a manner approved in writing by the Architectural Control Committee.
4.28 Variances by Architectural Control Committee. The Architectural Control Committee may authorize variance from compliance with any of the provisions, covenants, conditions and restrictions contained in this Declaration when circumstances such as topography, natural obstructions or hardship may require. Such variances must be evidenced in writing and shall be recorded by the Owner. If such variances are granted, no violation of the provisions, covenants, restrictions and conditions contained in this Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted, and subsequent Owners may rely on and shall be bound by the provisions set forth in the variance. The granting of such a variance shall not operate to waive any of the provisions, covenants, conditions and restrictions contained in this Declaration for any purpose except as to the particular portion of the Property and the particular provision covered by the variance.
4.29 Maintenance and Emergency Exceptions. The foregoing provisions of this Article 4 shall not be construed to limit any Owner's right to perform routine maintenance, repairs, landscape work, emergency repairs or similar work at such times as are convenient for the Owner; provided that such work does not present a hazard to or constitute a substantial nuisance to other Owners.
4.30 Fire Hydrants. All fire hydrants within the Property shall be mountain standard (snow country risers) and shall be equipped with marker rods or flags approved by the Crested Butte Fire Protection District.
ARTICLE 5
ARCHITECTURAL CONTROL5.1 Change in the Existing State of Property. "Change in the Existing State of Property" shall mean and include, without limitation:
5.1.1 The construction, alteration or expansion of any temporary or permanent building, structure or other improvement, including, but not limited to, utility facilities, fencing or recreational equipment;
5.1.2 The destruction by voluntary action or the abandonment of any building, structure or other improvement;
5.1.3 The excavation, filling or similar disturbance of the surface of land;
5.1.4 The planting of trees, shrubs and other growing things if, and only if, such planting shall constitute a substantial obstruction of the view of other Lot Owners; and
5.1.5 Any change or alteration, including without limitation, any change of color, texture or exterior appearance, of any previously approved Change in the Existing State of Property.
5.2 Approval of Changes. The approval of the Architectural Control Committee shall be required for any Change in the Existing State of Property, as defined in Section 5.1 above. In addition, the approval of Gunnison County shall be required for any Change in the Existing State of Property defined in subsections 5.1.1 and 5.1.2 above. No work shall be commenced to accomplish a proposed Change in the Existing State of Property until the Architectural Control Committee shall approve the change. No proposed Change in the Existing State of Property shall be deemed to have been approved by the Architectural Control Committee unless its approval is in writing, provided that approval shall be deemed given if the Architectural Control Committee fails to approve or disapprove the proposed change, or to make additional requirements or request additional information in writing within thirty (30) days after a full and complete description of the proposed Change in the Existing State of Property has been furnished together with a specific request for such approval. In the event that any Owner is dissatisfied with any decision of the Architectural Control Committee with regard to such Owner's Lot, the dissatisfied Owner shall have right to appear before the Architectural Control Committee to seek such variance or relief as he deems appropriate. However, the final decision of the Architectural Control Committee shall be conclusive on all matters within the scope of its authority under this Declaration, except as provided in Section 6.2 below.
5.3 Architectural Standards. The Architectural Control Committee shall prepare and furnish to any Owner requesting same written Architectural Standards which shall set forth the general purposes of the Architectural Control Committee in reviewing proposed Change in the Existing State of Property, basic building restrictions and requirements, architectural review procedures and requirements and regulations applicable with respect to construction. Basic building restrictions and requirements shall include the definition of an acceptable building envelope for each Lot, and may include restrictions upon permitted dates for construction of improvements in areas where special geologic conditions exist. Compliance with the Architectural Standards shall be required for approval by the Architectural Control Committee of any Change in the Existing State of Property. The procedures, requirements and regulations contained in the Architectural Standards shall be consistent with the provisions of this Declaration. In the event of any conflict, this Declaration shall control.
5.4 Fee for Architectural Review. Each Owner shall be required to pay a fee to the Association as a condition to approval of any Change in the Existing State of Property to cover costs and expenses in reviewing and commenting on proposals for Change in the Existing State of Property by the Architectural Control Committee. The amount of the fee shall be established by the Association and shall be set forth in the Architectural Standards. Such fee shall not be in excess of One Hundred Dollars ($100.00) with respect to any one proposed Change in Existing State of Property in connection with the original construction or modification of a residential structure nor in excess of Fifty Dollars ($50.00) for any other type of proposed Change in Existing State of Property. Said amounts may be increased a reasonable percentage for good cause by the Association. No fee shall be charged for any required review of plans concerning changes to the landscaping of any Lot.
5.5 General Criteria for Committee. Subject to the right of appeal described in Section 6.3, the Architectural Control Committee shall have complete discretion to approve or disapprove any Change in the Existing State of Property. The Architectural Control Committee shall exercise such discretion with the following objectives in mind, among others:
5.5.1 To carry out the general purposes expressed in this Declaration;
5.5.2 To prevent violation of any specific provision of this Declaration or any Supplementary Declaration;
5.5.3 To prevent any change which would be unsafe or hazardous to any person or property;
5.5.4 To minimize obstruction or diminution of the view of other Owners;
5.5.5 To preserve visual continuity and to prevent any marked or unnecessary transition between improved and unimproved areas;
5.5.6 To assure that any change will be of good and attractive design and in harmony with development on other portions of the Property; and
5.5.7 To assure that materials and workmanship for all improvements are of high quality comparable to other improvements on the Property.
5.6 Completion of Work After Approval. After approval by the Architectural Control Committee of any proposed Change in the Existing State of Property, the proposed change shall be accomplished as promptly and diligently as possible and in complete conformity with the description of the proposed change and with any plans and specifications therefore given to the Architectural Control Committee. Failure to accomplish the change within two (2) years after the date of approval or to complete the proposed change strictly in accordance with the description thereof and the plans and specifications therefore shall operate automatically to revoke the approval of the proposed change. If approval is thus revoked, upon demand by the Architectural Control Committee the Property shall be restored as nearly as possible to its state existing prior to any work in connection with the proposed change. The Architectural Control Committee shall have the right and authority to record a notice to show that any particular Change in the Existing State of Property has not been approved or that any approval given has been revoked.
5.7 Estoppel Certificate. The Association shall be authorized to, and shall, upon the reasonable request of any interested person, after confirming necessary facts with the Architectural Control Committee, furnish a certificate with respect to approval or disapproval by the Architectural Control Committee of any Change in the Existing State of Property and any person, without actual notice to the contrary, shall be entitled to rely on said certificate with respect to all matters set forth therein.
ARTICLE 6
ARCHITECTURAL CONTROL COMMITTEE6.1 Architectural Control Committee Membership. The Architectural Control Committee shall consist of three (3) members, at least one (1) of whom shall be a licensed architect, a licensed contractor, a registered engineer, a professional landscape architect or a professional land planner. Members of the Architectural Control Committee shall be appointed by and shall serve at the pleasure of the Board of Managers of the Association. The Association shall promptly furnish the names and addresses of the current members of the Architectural Control Committee to any interested person.
6.2 Action by Architectural Control Committee. The vote or written consent of any two (2) members of the Architectural Control Committee shall constitute action by the Architectural Control Committee. The Architectural Control Committee shall report in writing all approvals and disapprovals of any proposed Change in the Existing State of Property to the Association and the Association shall keep a permanent record of all such reported action.
6.3 Appeals. Any action of the Architectural Control Committee may be appealed to the Board of Managers by any affected Owner. Within thirty (30) days after receipt of an appeal from an affected Owner, the Board shall conduct a hearing. Written notice of the location, date and time of the hearing shall be sent to al members of the Architectural Control Committee and all Owners, any of whom may attend and be heard at the hearing. After such hearing, the Board of Managers may overrule the Committee on matters not involving restrictions or requirements imposed by Gunnison County or this Declaration, requirements of the Architectural Standards, or structural or environmental criteria.
6.4 Power to Employ Consultants. The Architectural Control Committee shall be empowered to employ consultants and agents as it may deem necessary to assist it in the performance of its duties. If the cost of employing such consultants exceeds the fee paid by the Owner pursuant to Section 5.4, the Owner may be required to pay such excess cost as a condition of approval.
6.5 Association Payment of Compensation and Costs. Except as provided in Section 6.4, the Association shall be obligated to pay any reasonable compensation to members of the Architectural Control Committee for actual services rendered, not to exceed submittal fees, and to reimburse the Architectural Control Committee for actual and reasonable expenses incurred and shall be entitled to utilize for such purposes the fee payable for review of proposed Change in the Existing State of Property as provided in Section 3.4 hereof, together with other funds of the Association, if necessary.
ARTICLE 7
OWNERS' ASSOCIATION7.1 Creation of Association. Pristine Point Owners' Association, Inc., a Colorado nonprofit corporation, shall have all powers vested in a subdivision property owners' association under Colorado law and shall be governed by and shall exercise all powers and privileges and perform all duties and obligations set forth in this Declaration, the Architectural Standards and the Articles of Incorporation and Bylaws of the Association. The Association shall have the right to contract with the Master Association for the Association to perform any function which the Master Association can or does perform, or vice versa.
7.2 Maintenance of Common Elements. The Association shall maintain, repair and replace as necessary all Common Elements as defined in Section 3.4.
7.3 Road and Driveway Maintenance. The Association shall maintain and repair all roads within the Property, including snow removal and snow storage, until Gunnison County accepts such roads for plowing or maintenance. The Association shall provide snow removal from driveways on Lots. Notwithstanding the foregoing, the Owner of Lot 18 shall be solely responsible for the cost and performance of maintenance, repair and snow removal on the road which extends from the South end of the cul-de-sac of Pristine Point Drive to Lot 18.
7.4 Security Services. The Association may, if it deems it necessary or desirable, provide police or security protection for the Property. In addition, the Association shall provide access to, and require Owners to participate in, a security system for the protection of individual residences located on the Property.
7.5 Trash Removal. The Association may, if it deems it desirable, efficient and economical, provide for regular trash collection services to the Property.
7.6 Enforce Declaration. The Association shall enforce the provisions, covenants, conditions and restrictions contained in this Declaration and the Bylaws of the Association as and to the extent hereinafter provided and as provided in the Bylaws.
7.7 Association May Take Action if Noncompliance by Owners; Compliance Expenditures. In the event of a failure by an Owner to comply with any provision of this Declaration or the Bylaws, the Association, after written notice to the Owner mailed or delivered to the Owner at the address for his Lot, shall be authorized to and shall have the power to take such action as the Association deems necessary or desirable to cause compliance with the provisions of this Declaration or the Bylaws with respect to such Owner or the Lot of such Owner, and all costs and expenses of the Association, including, but not limited to, reasonable attorneys' fees (collectively "Compliance Expenditures") shall be payable by such Owner on demand by the Association.
ARTICLE 8
OPERATION OF ASSOCIATION8.1 Membership in Association. There shall be one (1) Membership in the Association for each Lot, which Membership shall be appurtenant to the fee simple title to such Lot. The Owner of a Lot shall automatically be the holder of the Membership appurtenant to that Lot and the Membership for that Lot shall automatically pass with fee simple title to that Lot. If fee simple title to a Lot is held by more than one party, the Membership appurtenant to that Lot shall be shared by all such parties in the same proportionate interest and by the same type of ownership as fee simple title to the Lot is held. Declarant shall be deemed to hold a Membership with respect to each Lot owned by Declarant. Voting rights of those Owners holding a Membership shall be as set forth in the Articles of Incorporation and Bylaws of the Association.
8.2 Board of Managers. The affairs of the Association shall be managed by a Board of Managers which may, however, by resolution, delegate any portion of its authority to a Committee or an Officer or Manager of the Association.
8.3 Certificate of Incorporation and Bylaws. The purposes and powers of the Association and the rights and obligations with respect to Memberships may and shall be amplified by provisions of the Articles of Incorporation and Bylaws of the Association. Such Articles and Bylaws may include any reasonable provisions with respect to corporate matters, including provisions with respect to notices, record dates and quorums for meetings of Managers and Members, but no such provisions may be inconsistent with any provision of this Declaration.
8.4 Assessments, Fines and Compliance Expenditures. Each Owner of a Lot shall be obligated to pay and shall pay to the Association, at least annually, amounts herein called Assessments, to pay such reasonable and uniformly applied fines imposed by the Association for violation of rules and regulations adopted by the Association and to pay any Compliance Expenditures as provided in Section 7.7 hereof.
8.5 Determination of Budgets; Special Assessments. The total amount required to be collected by Assessments shall be determined by the Board of Managers of the Association at least once in each year and shall be based upon a budget to be approved by the Board of Managers showing, in reasonable detail, the various matters proposed to be covered by the budget, the estimated costs and expenses of the Association, the amounts deemed necessary or desirable as a contingency reserve, capital improvement fund, maintenance and replacement fund or any other fund deemed necessary and appropriate by the Board of Managers, and the total amount required to be raised by Assessments to cover such estimated amounts. The budget shall cover all costs and expenses expected to be incurred by the Association in performing its functions or in providing services required or permitted under this Declaration. The budget may be revised by the Board of Managers as necessary from time to time. Assessments may be raised or lowered by the Board of Managers as required to meet such revised budget. The Board of Managers may also levy special assessments if deemed necessary by the Board of Managers in order to enable the Association to properly fulfill its responsibilities and/or pay its expenses.
8.6 Amount of Assessment for Each Lot. The amount of the Assessment for any Lot shall be computed by multiplying the total amount to be raised by Assessments as reflected in the budget of the Association by a fraction, the numerator of which shall be the number of "Assessment Points" for such Lot and the denominator of which shall be the total number of "Assessment Points" for all Lots then subject to this Declaration. The "Assessment Points" for any unimproved Lot owned by Declarant or others shall be one (1) and the "Assessment Points" for each improved Lot shall be three (3). The amount of the Assessment for any Lot shall not be reduced because the Lot or the Owner thereof does not receive a benefit from any costs or expenses incurred by the Association whether by choice or election of the Owner or otherwise.
8.7 Other Matters Relating to Assessments. Subject to the foregoing provisions, the Board of Managers of the Association shall have the power and authority to determine all matters in connection with assessments, including power and authority to determine where, when and how Assessments shall be paid to the Association and each Owner shall be required to comply with any such determinations.
8.8 Lien for Assessments, Fines and Compliance Expenditures. The Association shall have a lien against each Lot to secure payment of any Assessment, fine, Compliance Expenditure or other amount due and owing to the Association by the Owner of that Lot, plus interest from the date such amount was due and payable at a rate of eighteen percent (18%) per annum, plus a late charge in an amount determined by the Board of Managers of the Association, plus all costs and expenses of collecting the unpaid amount, including, but not limited to, reasonable attorneys' fees. The lien may be foreclosed in the manner of foreclosure of mortgages in the State of Colorado. The lien provided herein shall be junior to the lien of any first mortgage or first deed of trust on any Lot taken in good faith and for value and perfected by recording in the office of the County Clerk and Recorder of the County of Gunnison, State of Colorado, prior to the time of recording in said office of a Notice of Lien but shall be prior to any and all other liens. The Notice of Lien shall set forth the amount of any Assessment, fine, Compliance Expenditure or other amount due and owing to the Association, specifying the date such amount was due and payable and from which interest accrues, specifying all costs and expenses, including reasonable attorneys' fees, of collecting the unpaid amount to the date of recording of such Notice of Lien, describing the Lot affected by the lien and specifying the name or names, last known to the Association, of the Owner or Owners of the Lot.
8.9 Right of Entry of Association Representatives. Any agent or officer of the Association may at any reasonable hour or hours during construction or remodeling, enter and inspect any Lot as to its maintenance or improvements to determine if there has been compliance with the provisions hereof. The Association, and any agent, or officer thereof, shall not be deemed guilty of any manner of trespass for such entry or inspection. The Association may issue a certificate of completion and compliance as to any property so inspected, solely for the purposes of this Declaration.
ARTICLE 9
ADDITIONAL REQUIREMENTS FOR LOT 18
9.1 General Limitations. Use of Lot 18 and any construction thereon is subject to the provisions of Resolution No. 14, Series 1995, of the Board of Commissioners of Gunnison County, Colorado.9.2 Specific Limitations. In addition to any other provisions of this Declaration, use of Lot 18 and any construction thereon is subject to the following special limitations. In the event of a conflict between the general provisions of this Declaration and the following special limitations, the following limitations shall govern the use of Lot 18. The following limitations are imposed in order to minimize the impact of any structure on Lot 18 upon users of Meridian Lake (also known as Long Lake).
9.2.1 The maximum size of the house shall not exceed 3,500 square feet of finished living area for the main and upper floor.
9.2.2 The design of the house shall be horizontal in elevation (lower and wider rather than higher) to limit the apparent height. The house will be set into the existing grade by stepping the structure with the site.
9.2.3 Grading around the homesite shall prohibit unnecessary fill.
9.2.4 The maximum height above the natural grade facing Meridian Lake shall not exceed 25 feet.
9.2.5 Traditional, natural-colored log siding shall be used.
9.2.6 Painted surfaces shall be earth tones.
9.2.7 The residential structure shall be no closer than 175 feet from the edge of Meridian Lake, based on the Site Plan and Site Cross Section, Sheet A-1, dated 11-28-95, Attachment 17 to Preliminary Plan Submittal to Gunnison County.
9.2.8 Use of hip rather than gable roofs is encouraged. Gables, when used, shall be hipped to eliminate the peak of the gable.
9.2.9 Receptacles for construction trash shall be provided for daily clean-up during construction.
9.2.10 Debris fencing capable of retaining blowing construction trash shall be provided during construction.
9.2.11 Construction debris and receptacles shall be promptly removed from the site at completion of construction.
9.2.12 Landscaping utilizing native tree species at least ten (10) feet tall shall be utilized between the homesite and Meridian Lake to partially screen the residential structures from views from the lake, consistent with wildfire prevention setbacks.
9.2.13 Existing vegetation on the side of the residential structure farthest from Meridian Lake shall be substantially retained.
9.3 Perpetual Deed Restriction. The restrictions contained in this Article 9 shall be specifically referenced in perpetuity in every deed or other instrument of conveyance which conveys any interest in Lot 18.
ARTICLE 10
SPECIAL NOTICES10.1 Geologic Conditions. In accordance with the requirements of Gunnison County, prospective purchasers of Lots are notified that the following studies have been performed regarding the Property which reveal geological conditions relevant to use of and construction of improvements upon the Property: "Surficial Geology Investigation Report and Mapping" dated November 5, 1992; "Geologic Hazard Review" dated June 7, 1994; "Snow Avalanche Review" dated August 3, 1995 (all prepared by Lincoln DeVore, Inc.); and "Review Comments" by Colorado Geological Survey dated June 19,1996. Copies of the studies named are attached to this Declaration as EXHIBITS B, C, D and E.
10.2 Geologic Considerations. Issuance of building permits by Gunnison County for construction of improvements on the Property will require compliance with the site-specific recommendations contained in "Geologic/Geotechnical Considerations, Pristine Point at Crested Butte, Colorado, Lots 1 - 18". A copy of this report is attached to this Declaration as EXHIBIT F.10.3 Indemnity of Gunnison County. As provided on the Plat, by accepting conveyance of a Lot, Owners covenant to indemnify and hold Gunnison County harmless from any liability related to geologic hazards, if any. This covenant shall run with the land.
ARTICLE 11
RESERVATION OF LOT 17 FOR AFFORDABLE HOUSING11.1 Declaration. In order to provide owner occupied long-term housing for persons who live and work within the local community but who cannot afford to purchase housing at market prices, Declarant subjects Lot 17, and any subdivisions thereof, to the following special restrictions which shall be perpetuated by the deed restrictions described below.
11.2 Creation of Units. Subject to approval by Gunnison County, two duplex buildings, each containing two dwelling units containing no less than 600 square feet nor more than 1,600 square feet of living area, shall be constructed on Lot 17. Upon approval by Gunnison County, Lot 17 may be subdivided into two lots for this purpose. Each of the four dwelling units thus created shall be offered for sale as Affordable Housing Units to Qualified Purchasers, as defined in Section 11.3. When sold, title to the Affordable Housing Units shall be conveyed by a deed which contains a restriction limiting resale of the Affordable Housing Units to Qualified Purchasers.
11.3 Qualified Purchaser. To be eligible to purchase an Affordable Housing Unit, a person must be a current resident within Gunnison County and meet the criteria set out in this Section 11.3. If the prospective Qualified Purchaser of an Affordable Housing Unit is more than one person, all persons who will take title to the Affordable Housing Unit must meet the criteria set out in this Section 11.3. For the purpose of this Section, a "current resident" is any person who has resided within Gunnison County for at least six (6) months who has demonstrated to the satisfaction of the Board of Managers that he or she intends to establish permanent residency within Gunnison County.
11.3.1 Eighty percent (80/%) of all income of a Qualified Purchaser must be "earned income" earned within the boundaries of Gunnison County. "Earned income" shall be defined by Internal Revenue Code Section 32(c)(2), as amended.
11.3.2 A Qualified Purchaser may not own other real estate at the time of closing on a purchase of an Affordable Housing Unit. Prospective Qualified Purchasers who own real estate must sell such real estate to an unrelated person or legal entity in which the prospective Qualified Purchaser has no ownership interest, for not less than fair market value, prior to the closing of the purchase of an Affordable Housing Unit. Notwithstanding the foregoing, if a prospective Qualified Purchaser owns an undivided interest in real estate, he or she may convey that interest to the remaining owner(s) with or without receiving consideration. No person may own any interest in more than one Affordable Housing Unit, nor may the spouse of the owner of an Affordable Housing Unit own any interest in another Affordable Housing Unit.
11.3.3 The Qualified Purchaser must certify under oath that he or she shall occupy the Affordable Housing Unit as a year-round permanent residence. Rental of Affordable Housing Units shall not be permitted, except that the Qualified Purchaser may rent space within the Affordable Housing Unit to no more than two (2) co-occupants, so long as the Qualified Purchaser simultaneously occupies the premises with the co-occupants.
11.3.4 If an otherwise Qualified Purchaser cannot qualify for institutional financing of the purchase of an Affordable Housing Unit, the Qualified Purchaser may obtain a cosigner for such financing; provided, however that the Qualified Purchaser must be a record owner and the occupant of the Affordable Housing Unit.
11.4 Initial Sale Procedure.
11.4.1 When Affordable Housing Units are constructed and become available for sale, the party offering such units for sale shall place an announcement in the legal publications section of the official newspaper of the Town of Crested Butte, Colorado announcing a description of the Affordable Housing Units offered for sale, the offering price and the date upon which such units will become available for sale and occupancy; the criteria for Qualified Purchasers; and that those persons meeting the criteria for Qualified Purchasers may make an offer on the Affordable Housing Units for a period of thirty (30) days following the date of publication of the notice. The offers shall be addressed to the Association at the address set forth in the announcement. A representative of the seller with authority to enter into a contract shall be available during the thirty (30) day offer period.11.4.2 In the event that contracts for purchase and sale of all of the Affordable Housing Units are not executed as a result of the initial offering, or in the event that all of the Affordable Housing Units are not sold as a result of such contracts, the seller shall continue to place announcements of the availability of Affordable Housing Units until all of the Units have been sold.
11.4.3 In the event that the number Qualified Purchasers who make offers exceeds the number of available Affordable Housing Units, Qualified Purchasers shall be chosen by the Association by lottery. The names of all Qualified Purchasers shall be drawn, assigned a number and placed in that order by priority of eligibility. All Qualified Purchasers will be given the opportunity to purchase the Unit of their choice in the order drawn until all Units are sold.
11.5 Resale of Affordable Housing Units. Following the initial sale of an Affordable Housing Unit, no owner may sell such a Unit to a person who does not meet the criteria for Qualified Purchasers. Any conveyance of an Affordable Housing Unit which violates the prohibition of this Section 11.5 shall be void.
ARTICLE 12
COVENANTS OF MASTER ASSOCIATIONThe provisions contained in the Declaration of Restrictions, Covenants, Easements, Reservations, and Architectural Control recorded by Meridian Lake, Inc. on December 27, 1993 under Reception No. 298306 in the records of Gunnison County, Colorado, continue to apply to the Property. To the extent that provisions of said Declaration are in conflict with the provisions of this Declaration, the more restrictive provision shall apply.
ARTICLE 13
MISCELLANEOUS
13.1 Duration of Declaration. All provisions contained in this Declaration shall continue and remain in full force and effect until January 1, 2010, and thereafter for successive periods of ten (10) years each unless this Declaration is amended or repealed in accordance with paragraph 13.2.13.2 Amendment of Declaration. Any provision contained in this Declaration may be amended or repealed, or additional provisions may be added to this Declaration by the recording of a written instrument or instruments specifying the amendment or the repeal, executed by the Owners, as shown by the records in the office of the County Clerk and Recorder of the County of Gunnison, State of Colorado, of not less than a majority of the Lots then subject to this Declaration and approved by Gunnison County. Approval by Gunnison County may not be unreasonably withheld.
13.3 Effect of Provisions of Declaration. Each provision of this Declaration shall be deemed incorporated in each deed or other instrument by which any right, title or interest in any of the Property is granted, devised or conveyed, whether or not set forth or referred to in such deed or other instrument, and each Owner shall be bound by the terms of this Declaration.
13.4 Enforcement and Remedies. The failure of any Owner to comply with the provisions of this Declaration will give rise to a cause of action in the Declarant, the Association in the name of the Association on behalf of the Association and/or the individual owners, in any Owner or in Gunnison County for the recovery of damages or injunctive relief, or both. If court proceedings are instituted in connection with the rights of enforcement of remedies provided in this Declaration, the prevailing party shall be entitled to recover its costs and expenses in connection therewith, including, but not limited to, reasonable attorneys' fees.
13.5 Limited Liability. Neither Declarant, the Association, the Board of Managers of the Association, the Architectural Control Committee, nor any member, agent or employee of any of the same shall be liable to any party for any act or for any failure to act with respect to any matter if the act or failure to act was in good faith and without malice, and such Declarant, the Association, the Board of Managers of the Association, the Architectural Control Committee, and any member, agent or employee of the same may be reimbursed by the Association for any costs and expenses, including, but not limited to, attorneys' fees reasonably incurred by them with the prior approval of the Association, which approval shall not unreasonably be withheld or delayed, as a result of threatened or pending litigation in which they are or may be named as parties.
13.6 Severability. Invalidity or unenforceability of any provision of this Declaration in whole or in part, shall not affect the validity or enforceability of any other provision or any valid and enforceable part of a provision of this Declaration.
13.7 Captions. The captions and headings in this Declaration are for convenience only and shall not be considered in construing any provisions of this Declaration.
IN WITNESS WHEREOF, Declarant has executed this Declaration the day and year first written above.
PRISTINE POINT, INC.,
a Colorado corporation
By: Alan D. Wolff, President
STATE OF COLORADO )
) ss.
COUNTY OF GUNNISON )The foregoing was acknowledged before me this 16th day of September,
1997, by Alan D. Wolff, as President of Pristine Point, Inc., a Colorado corporation.Witness my hand and official seal.
My Commission expires: 12/31/98
[(SEAL]
John H. McClow Notary Public
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