Silverwood Village Homeowners' Association

Silverwood Village HOA Covenants

Filed January 18, 2002

RCPTN # 2002006787 01/18/2002 13:51:00 # PAGES ?8 FEE ? $40.00
'M RODENBERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE ?$.00

AMENDED AND RESTATED
PROTECTIVE COVENANTS AND HOMEOWNERS'ASSOCIATION
AGREEMENT
FOR SILVERWOOD VILLAGE FIRST FILING
AND
SILVERWOOD VILLAGE SECOND FILING

The undersigned, being duly authorized officers of Silverwood Village Homeowners' Association, a Colorado non?profit corporation (the "Association"), make the following Amended and Restated Protective Covenants and Homeowners' Association Agreement for Silverwood Village First Filing and Silverwood Second Filing (the "Amended Covenants") on behalf of the owners of the property subject to the Amended Covenants.

Recitals

A. The Protective Covenants and Homeowners' Association Agreement for Silverwood Village First Filing and Silverwood Village Second Filing (the "Covenants") were recorded with the Clerk and Recorder of Larimer County, Colorado on January 18, 1977 at Book 1746, Page 436.

B. Article 18 of the Covenants provides that the Covenants run with the land and are binding on all parties and persons claiming under them until January 18, 2002, at which time the Covenants will be automatically extended for successive periods of ten (10) years unless by vote of a majority of the then owners of the lots, it is then agreed to change the Covenants in whole or in part.

C. By vote of at least a majority of the current owners of the lots subject to the Covenants (as certified to by the Secretary of the Association at the end of these Amended Covenants), the owners have agreed to change the Covenants as reflected in these Amended Covenants effective as of January 18, 2002.

i SUBMISSION OF REAL ESTATE: of Silverwood Village, First Filing, City of Fort Collins, Larimer County, Colorado, according to the plat recorded with the Clerk and Recorder of Larimer County, Colorado on August 6, 1976 at Book 1714, Page 0626, and all of Silverwood Village, Second Filing, City of Fort Collins, Larimer County, Colorado, according to the plat recorded With the Clerk and Recorder of Larimer County, Colorado on September 16, 1976 at Book 1722, Page 0879, (collectively referred to as the "Property") shall be held, sold, conveyed, transferred, leased, sub?leased, and occupied subject to the following easements, covenants, conditions and restrictions which are for the purpose of protecting the value and desirability of the Property, and which shall run with the land and shall be binding upon and inure to the benefit of all parties having any right, title or interest in the Property or any portion thereof, their heirs, personal representatives, successors and assigns. The lots reflected on the plats of the Property are referred to in these Amended Covenants as the "Lots." The Lots, collectively, or the Property may also be referred to as the "Silverwood Community." Any person or entity who owns a Lot (excluding a person or entity having an interest in any Lot solely as security for an obligation) is referred to as an "Owner."

2. GENERAL PURPOSES: These Amended Covenants are made for the purpose of creating and keeping the Property, as far as possible, desirable, attractive, beneficial, uniform, and suitable in architectural design, materials and appearance; limiting the use to single family residential buildings and guarding against unnecessary interference with the natural beauty and improper uses of adjoining Lots within the Property; all for the mutual benefit and protection of all Owners.

3. RULES AND REGULATIONS: In addition to the restrictions set forth in these Amended Covenants, rules and regulations ("Rules and Regulations") governing Silverwood Community matters including, without limitation, architectural and use restrictions, may be adopted and amended from time to time by the Association's Board of Directors (the "Board"), following prior written notice to the Owners of the proposed Rules and Regulations (or amendments) and the opportunity for the Owners to have input and to comment on such proposed Rules and Regulations (or amendments). Such Rules and Regulations shall be binding on all Owners. Any Rules and Regulations may be amended or terminated by the affirmative vote of at least a majority of the Owners.

4. LAND USE AND BUILDING TYPE: No Lot shall be used except for residential purposes, and no building shall be erected, altered, placed, or permitted to remain on any Lot other than (a) one detached single family dwelling and private garage, attached or detached, for not more than three cars, and (b) a storage shed constructed of wood which is less than eight feet tall and less than 120 square feet in total area, provided that all such foregoing buildings must first be approved by the Architectural Control Committee as set forth in Section 8 below.

5. DWELLING QUALITY AND SIZE: All improvements shall be constructed of good and suitable materials and shall be of first class workmanship. The ground floor areas of any dwelling, exclusive of one story open porches and garages, shall not be less than 900 square feet.

6. BUILDING LOCATION: No building shall be located on any Lot nearer to the
lot lines than the following minimal distances:

Front lot line: 25 feet
Rear lot line: 10 feet
Interior lot line: 7 feet
Side street line: 7 feet


7. ARCHITECTURAL CONTROL COMMITTEE: The Architectural Control Committee (the "Committee") is established for the purpose of maintaining within the Silverwood Community a consistent and harmonious general character of development and a style and nature of building design and visual appeal consistent with the natural beauty and features of the Silverwood Community. The Committee shall consist of three Owners appointed by the Board Committee members shall serve at the pleasure of the Board. Any vacancy on the Committee shall be filled by the Board. At all Committee meetings, a majority of the Committee members shall constitute a quorum, and the act of a majority of the quorum shall be the act of the Committee. A majority of the Committee may designate a representative to act for it.

8. APPROVAL OF PLANS: No dwelling, garage, building, shed, swimming pool, wall, fence, coping, or other structure on any Lot may be constructed, remodeled, added to, replaced, or altered until and unless sufficient plans ( and specifications, including a plot plan) have been submitted to and approved by the Committee. In no event shall the Committee or any individual member of the Committee be liable to any person for the Committee's action in connection with submitted plans and specifications, unless it shall be shown. that it acted with malice or bad faith.

9. COMMITTEE PROCEDURE: The Committee's approval or disapproval of submitted plans and specifications shall be in writing. In the event the Committee or its designated representative fails to approve or disapprove submitted plans and specifications within thirty (30) days after receipt of sufficient plans and specifications by the Committee, or in any event if no suit to enjoin the construction has been commenced within 30 days after the completion thereof, approval will not be required and the plans and specifications shall be deemed to comply with these Amended Covenants.

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

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

12. RESIDENCES PER LOT: The erection of more than one residential dwelling per Lot or the resubdivision of Lots is prohibited unless (a) the same complies with applicable governmental regulations, and (b) prior written consent of the Committee is obtained, which consent may be withheld in the Committee's sole discretion.

13. TRASH AND RUBBISH: No Lot shall be used as a dumping ground for trash, rubbish, or other waste. Each Owner shall provide a suitable receptacle for the temporary storage and collection of refuse, trash and rubbish, and all receptacles shall be screened from public view and protected from disturbance. Dumpsters that are temporarily needed for the collection of construction or yard waste are allowed. No burning of trash and rubbish shall be pen?nitted.

14. ANIMALS: No animals, livestock, horses or poultry of any kind, except dogs, cats and other household pets, shall be kept, raised, or bred. Dogs, cats, and other household pets may be kept, but not raised or bred for commercial purposes, as long as they are confined by fence, leash, or other enclosure, to the Lot owned by their Owner.

15. PARKING: Boats, recreational vehicles, motor homes, unlicensed vehicles, licensed and unlicensed trailers, snowmobiles, all terrain vehicles, and other similar equipment and vehicles may be stored on a Lot only if they are (a) under a roof which is permanently attached to a dwelling or garage and which has been approved by the Committee, or (b) not visible from the street and from adjacent Lots. Parking the above referenced items in unenclosed driveways for more than seventy?two (72) hours in any calendar week is prohibited.

16. LANDSCAPING: Each Lot shall, at all times, be kept clear of weeds or other unsightly growth and landscaping is required around each residential dwelling. Proper maintenance of the landscaping (including irrigation and mowing) is required to maintain an appearance consistent with the quality of the Silverwood Community. Low water use landscaping (xeriscaping) is acceptable, provided it does not detract from the aesthetic quality of the Silverwood Community.

17. SIGNS: No sign of any kind shall be displayed to the public view on any Lot except one sign of not more than 4 square feet advertising the Property for sale or rent. All other signs erected must be first approved by the Committee, or otherwise allowed under applicable Rules and Regulations.

18. NUISANCE/OCCUPANCY RESTRICTIONS: No noxious or offensive trade or activity shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the Silverwood Community. In addition, the number of persons residing in or otherwise occupying any dwelling within the Silverwood Community shall not exceed the number allowed by applicable laws, ordinances and regulations.

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

20. AMENDMENT: These Amended Covenants may be amended at any time by the
affirmative vote of at least sixty?seven percent (67%) of the Owners.


21. DURATION: The covenants, conditions and restrictions contained in these Amended Covenants shall run with the Property, shall be binding on all Owners, their legal representatives, heirs, successors and assigns, and shall be in effect in perpetuity unless amended as provided in these Amended Covenants.

22. ENFORCEMENT: Enforcement of any provision of these Amended Covenants, the Bylaws, and any Rules and Regulations shall be by appropriate proceedings at law or in equity against those persons violating or attempting to violate any such provision. Such proceedings may be for the purpose of removing a violation, restraining or enjoining a future violation, recovering damages for any violation, foreclosing a lien, obtaining such other and further relief as may be available, or any combination thereof. Such proceedings may be instituted by an Owner or by the Association. In the event it becomes necessary to commence such proceedings, the prevailing party shall be entitled to recover the costs and reasonable attorneys fees incurred in connection with such proceedings. In addition, the Association may levy reasonable fines. The failure to enforce any provision of these Amended Covenants, the Bylaws and the Rules and Regulations shall not preclude or prevent the enforcement thereof for a further or continued violation, whether such violation shall be of the same or of a different provision. The Association shall not be liable to reimburse any Owner for attorney's fees or costs incurred in any suit brought by an Owner to enforce or attempt to enforce these Amended Covenants.

23. HOMEOWNERS'ASSOCIATION:

a. The Association shall manage the business and affairs of the Silverwood Community. In doing so, the Association shall have and may exercise all of the powers and authority permitted by Colorado law necessary and proper to manage the business and affairs of the Association. The Association, acting through its Board, shall have the power to adopt Rules and Regulations. Additionally, the Association, acting through its Board, shall have the power, after notice and an opportunity to be heard, to levy reasonable fines and penalties for violation of any provision of these Amended Covenants, the Bylaws, and any Rules or Regulations.

b. The Owners shall elect an Association Board. The Board shall manage the affairs of the Association, and shall consist of not less than three (3) nor more than seven (7) members, who shall each serve for a term of three years. Directors' terms shall be staggered such that at each election approximately one?third of the directors are elected for three?year terms. The directors, by a majority vote, shall have the right to suspend the facility enjoyment of any member of the Association for any period during which any assessment remains unpaid, and for any period for any violation of these Amended Covenants, the Bylaws or the Rules and Regulations.

C. Each Lot Owner shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot. Each Lot shall be allocated one (1) vote in the Association. If more than one (1) person or entity holds an ownership interest in any Lot, all such persons or entities shall be members. However, the vote for such Lot shall be exercised as the multiple owners among themselves determine. In no event shall more than one (1) vote be cast with respect to any one Lot.

24. ASSESSMENTS/LAKE SHERWOOD USAGE: Each Owner, by acceptance of a deed therefore, whether or not it shall be expressed in any such deed or conveyance, shall be deemed to covenant and agree to pay assessments levied by the Association. The assessments shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the Owners, including the payment of the Lake Sherwood?related fees described below. The Owners have the right to the non?exclusive use of Lake Sherwood for fishing, small boats without motors and ice-skating, as provided in the agreement between Poudre Valley Construction Co., Inc., Robert S. Everitt, and Harold H. Miller dated January 16, 1972 (the "Lake Sherwood Agreement"). The Association is responsible for collecting, from each Owner, an assessment to be paid to Lake Sherwood Homeowners' Association (or its assigns) for the maintenance and operation of the Lake Sherwood recreational facilities. Such assessment is based on the total cost attributable to the use of the surface of Lake Sherwood, divided by the number of lots having use of the surface of Lake Sherwood. Such use shall be limited to that contained in the Lake Sherwood Agreement. All assessments, together with interest on delinquent assessments at a rate set by the Board, and together with costs and attorneys fees incurred by the Association as a result of any assessment delinquency, shall be a continuing lien upon each Lot against which the assessment is levied, and shall also be the personal obligation of the Owner of such Lot.

25. SEVERABILITY: Invalidation of any one of the provisions of this instrument by judgment or court order or decree shall not affect any of the other provisions which shall remain in full force and effect.

26. SUPERSEDING EFFECT: These Amended Covenants shall supersede and replace the Covenants as of the date the Amended Covenants are recorded with the Clerk and Recorder of Larimer County, Colorado.

27. WAIVER: No provision in these Amended Covenants is waived by reason of any failure to enforce the provision, regardless of the number of violations or breaches which may occur.

Dated this 18th day of January 2002.


Silverwood Village Homeowners' Association, a Colorado non?profit corporation
By:
Richard Bader, Vice President

ATTEST:

David Sebald, Secretary

STATE OF COLORADO)
) ss.
COUNTY OF LARIMER)

The foregoing instrument was acknowledged before me this IS' day of January, 2002, by Richard Bader as Vice President, and David Sebald as Secretary of Silverwood Village Homeowners' Association, a Colorado non?profit corporation.

Witness my hand and official seal.

My commission expires.

Notary Public





CERTIFICATION

The undersigned, being the Secretary of the Silverwood Village Homeowners' Association, a Colorado non?profit corporation (the "Association") certifies as follows:

1. By written ballot pursuant to C.R.S. § 7?127?109, the foregoing Amended Covenants were approved by a vote of at least a majority of the Owners of Lots within Silverwood Village, First Filing and Silverwood Village, Second Filing, effective as of January 18, 2002.

2. Richard Bader is the duly elected Vice President and I am the duly elected Secretary of the Association. By proper corporate action of the Association, Richard Bader and I have been authorized to execute the foregoing Amended Covenants on behalf of the Association.

Dated this 18' day of January 2002.

STATE OF COLORADO)
)ss.
COUNTY OF LARIMER)

David Sebald, Secretary

Subscribed and sworn to before me this 18' day of January, 2002, by David Sebald as Secretary of Silverwood Village Homeowners' Association, a Colorado non?profit corporation.

Witness my hand and official seal.

My commission expires;

F:\WPC\RSG\Si1verwood\Amended and Restated Covenarits (FINAL) 1?3?02.wpd Notary Public