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Roxborough Village First Homeowner's Association
Violation Rules, Procedures, and Policies
Design Guidelines, and Definitions
Revised May, 2000 (Supersedes all previous versions) 2
Table of contents I. Rules, Procedures, and Policies A. Introduction B. Procedures C. Restrictions/Fines/Penalties D. Some Exceptions to the Procedures E. Violation Hearings F. Fines, Charges, Assessments, and Compliance Expenditures G. Dispute Resolution and Limitations on Litigation II. Design Guidelines 1. Introduction 2. Specific guidelines 2.1 Accessory buildings 2.2 Additions and expansions 2.3 Address numbers 2.4 Air conditioning equipment 2.5 Antennae 2.6 Awnings 2.7 Balconies 2.8 Barbecue pits 2.9 Basketball backboards/Basketball equipment 2.10 Birdbaths 2.11 Birdhouses and birdfeeders 2.12 Boats 2.13 Campers 2.14 Carports 2.15 Circular drives 2.16 Clotheslines and clothes hangers 2.17 Compost 2.18 Commercial and oversize vehicles 2.19 Decks 2.20 Dog houses 2.21 Dog runs 2.22 Doors 2.23 Drainage 2.24 Driveways 2.25 Fences 2.26 Firewood storage 2.27 Flagpoles 2.28 Gardens- flower 2.29 Gardens- vegetable 2.30 Gazebos 2.31 Glazing 2.32 Grading and grade changes 2.33 Hot tubs 2.34 Irrigation systems 2.35 Jacuzzi 2.36 Junk/Inoperable vehicles
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2.37 Kennels 2.38 Landscaping 2.39 Latticework 2.40 Lights and lighting 2.41 Motorcycles 2.42 Motor Homes 2.43 Motor vehicles/Recreational vehicles 2.44 Overhangs/Awnings 2.45 Painting 2.46 Patio covers 2.47 Patios- enclosed 2.48 Patios- open 2.49 Paving 2.50 Pipes 2.51 Play and sports equipment 2.52 Playhouses 2.53 Poles 2.54 Pools 2.55 Rabbit hutches 2.56 Roofs(replacement)/Rooftop equipment 2.57 Saunas 2.58 Screen doors 2.59 Sewage disposal system 2.60 Siding 2.61 Signs 2.62 Skylights 2.63 Solar energy devices 2.64 Spas 2.65 Statues/sculptures 2.66 Storage sheds 2.67 Stove and flu pipes 2.68 Sunshades 2.69 Swamp coolers 2.70 Swing sets 2.71 Temporary structures 2.72 Temporary vehicles 2.73 Trailers 2.74 Trash containers and pickup 2.75 Tree houses 2.76 Trucks 2.77 Underground installations 2.78 Vehicles(large) 2.79 Walls 2.80 Walls- retaining 2.81 Wells 2.82 Wind generators 2.83 Windows, security bars, etc. 2.84 Wind chimes, wind vanes, wind turbines, and directionals
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3. Requirements for Submittal 4. Definitions
Violation Rules, Procedures, and Policies
Introduction
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The Board of Directors of the Roxborough Village First Homeowner's Association ("RVFHOA") has put together these Rules and Regulations as provided for in the Declaration of Covenants, Conditions, and Restrictions to assist homeowners in knowing the procedures and rights of the Homeowner when confronted with a violation or problem. This also includes the rights of the Association to enforce violations, and procedures for reporting a violation.
The purchase of your property constituted an enforceable agreement to abide by the Declaration of Covenants, Conditions and Restrictions for Roxborough Village Subdivision Filing 12 (which covers Filings 12-A, 12- B, and 13) recorded on March 14, 1995 in Book 1251 at page 2176 of the real property records of Douglas County, Colorado, (the "Declaration"), along with the Declaration of Covenants, Conditions, and Restrictions for Roxborough Village, recorded on September 20, 1985 in Book 596 at Page 302 of the real property records of Douglas County, Colorado.
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Procedures
The following is a guideline of procedures that will be utilized by the Board of Directors (the "Board") in the event of violation of these Rules and Regulations, or the Declaration of Covenants, Conditions and Restrictions for Roxborough Village Subdivision Filing 12-A (the "Declaration").
It should be noted that the above mentioned Declaration applies to Filing 12- A, 12-B, and 13 only.
1. The Board shall send a letter notifying the Homeowner of the violation and request compliance by a specified date.
2. If the violation is not cured, the Board will send a second letter which will serve as a final notice. This letter advises of the action which may be taken if the violation is not cured by a specified date.
3. If the violation is not cured after the Final Notice, the Board will send a Notice of Hearing.
4. After notice and hearing, and upon an affirmative vote of a majority of the Board, the Board may take any one or more of the actions listed in the following section titled "Restrictions/Fines/Penalties";
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Restrictions/Fines/Penalties
If any Developer, Owner or their respective family, guests, licensees, lessees, invitees, agents, or employees violates the Declaration, the Board may invoke any one or more of the following remedies:
1. Levy reimbursement costs for damages to the common area, as provided in the Declaration of Covenants, Conditions, and Restrictions.
2. Suspend or condition the right of such Member and anyone claiming through such Member to the use and enjoyment of any Common Area, to the extent any such person is otherwise entitled to such use,
3. Suspend a Voting Member's privileges as a Voting Member, as provided in the Declaration,
4. Record a notice of noncompliance against the Lot of the Respondent,
5. Impose a fine upon such Developer or Owner for each violation, in accordance with Association rules,
6. Cause the violation to be cured and charge the cost thereof to such Developer or Owner,
7. Obtain equitable relief against the continuance of such violation,
8. Obtain legal relief for any damages caused to the Association for such violation,
9. The Association shall have the right to put a lien against any Lot to secure payment of any Assessment, charge, fine, or Compliance Expenditure or other amount due and owing to the Association with respect to the Owner of that Lot. The Association may foreclose the lien in a manner for foreclosure of mortgages in the State of Colorado. See section 4.8.4 of the Declaration, for further Details of lien procedures.
Before invoking any remedy under (5) or (6) above, the Board shall give such Developer or Owner 24 hours written notice except that the Board may immediately suspend the right to use any portion of the Common Area by any Developer, Owner, and their respective family, agents, employees, guests, licensees, lessees, and invitees without notice for any period during which any Assessment owed by such Developer or Owner is past due and unpaid.
The Board of Directors may suspend, after notice and hearing and in accordance with the provisions of Article 10 (of the Bylaws), the voting rights of any Member ( # 3 above ) during and following any breach by such Member of any provision of the Restrictions.
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Any suspension shall be for a period of not more than sixty (60) days for any non- continuing infraction, but in the case of a continuing infraction (such as nonpayment of any Assessment after the same becomes delinquent) such suspension may be imposed for so long as the violation continues.
Some Exceptions to the Procedures
1. Failing to get approval for an improvement from the Architectural Committee can result in an immediate "Notice of Hearing" to be sent to the violating homeowner.
2. When in the Board's opinion, a violation requires expediency, a "Notice of Hearing" may be sent immediately.
3. The Board has the authority to grant variances from compliance with any provisions of the Declaration.
Violation Hearings
1. If a resident requests an immediate hearing, the Board will schedule such and bypass our normal process, up to that point only.
2. If a "Notice of Hearing" has been sent and the violation cured before the hearing date, the hearing will still be conducted and the resident is requested to still attend the hearing.
3. The Board will not make its decision on the violation or the enforcement action to be taken at the hearing. The Board will send notice of the findings and action to be taken to the resident within ten (10) days following the hearing.
4. If the same violation occurs again with in one (1) year, the resident can be fined without prior notice if the violation exists for more that two (2) days.
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Fines, Charges, Assessments, and Compliance Expenditures
Any Assessment, charge, fine, or Compliance Expenditure that is not paid within fifteen (15) days after the same becomes due is delinquent. If any Assessment, fine, charge, or Compliance Expenditure is delinquent, the Association may use all procedures allowed under Colorado law for the collection of such delinquencies and may recover all of the following (collectively the "Compliance Expenditures").
1. Reasonable costs incurred in collecting the delinquent Assessment, charge, fine, or Compliance Expenditure including reasonable attorney's fees and costs;
2. A late charge in an amount determined from time to time by the Board, but not more than 10% of the delinquent Assessment, charge, fine, or Compliance Expenditure; and
3. Interest on (i) the delinquent Assessment, charge, fine or Compliance Expenditure, (ii) the costs of collection described in #1 above, and (iii) the late charge described in #2 above, at an annual percentage rate equal to 5% per annum over the prime interest rate published from time to time by The Federal Reserve Bank, adjusted on each day on which there occurs a change in such prime interest rate (provided that the percentage rate shall never exceed the maximum allowed by law), commencing fifteen (15) days after the Assessment became due.
The fine shall continue until such time as the violation has been cured. If the violator does not notify the Board in writing that a violation has been cured, then the fine shall continue until such time as the Board becomes aware the violation has been cured.
The special charge is $50.00 per month or pro-rated using a standard 30 day month of $1.67 per day. The fine commences on the date of the notice of fine (and if mailed, is deemed to have been delivered on the third day, other than a Sunday or a legal holiday, after a copy of such has been deposited in the United States mail, postage prepaid, addressed to the person at the address given by such Person to the Association for the purposes of service of notices) and that date will be used when pro-rating a partial month due. In addition, once the 10 day period has passed and the property is liened a $50.00 lien fee is installed and will become a part of amount due.
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Dispute Resolution and Limitation on Litigation
The Declarant, Association, Owners, Members, all other Persons subject to the Declaration, and any Person not otherwise subject to this Declaration who agrees to submit to Article 10 of the Declaration (collectively, "Bound Parties") agree to encourage the amicable resolution of disputes involving the Property, in order to avoid the emotional and financial costs of litigation. Accordingly, each Bound Party covenants and agrees that all claims, grievances or disputes arising out of or relating to the interpretation, application or enforcement of the Restrictions (collectively "Claim"), except for those Claims authorized in Section 10.2 of Article 10 of the Declaration, shall be resolved using the procedures set forth in Section 10.3 of Article 10 of the Declaration (Mandatory Procedures for All Other Claims) in lieu of filing a suit in any court or initiating proceedings before any administrative tribunal seeking redress or resolution of such Claim.
Refer to the Declaration, Article 10, Sections 10.1-10.5 for information and procedures on;
10.1 Agreement to Avoid Costs of Litigation and to Limit Right to Litigate Disputes. 10.2 Exempt Claims. 10.3 Mandatory Procedures for All Other Claims. 10.3.1 Notice. 10.3.2 Negotiation. 10.3.3 Mediation 10.3.4 Final and Binding Arbitration. 10.4 Allocation of Costs of Resolving Claims. 10.5 Enforcement of Resolution.
As written in the By-laws, Article 10, Section 10.1, "any individual Member must exhaust all available internal remedies of the Association prescribed by these Bylaws, the Rules and the Design Guidelines, before that Member may resort to a court of law for relief with respect to any alleged violation by another Member of the Declaration, the Rules, these Bylaws, or the Design Guidelines, provided that the foregoing limitation pertaining to exhausting administrative remedies shall not apply to the Board or to any Member where the complaint alleges nonpayment of any Assessments."
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Violation Complaint Procedures
Any Member or Owner can notify the Association of any violations of the Declaration and/or Rules, however it is strongly encouraged that a homeowner attempt to remedy the situation with the violator. Any such notice may be anonymous, but must be in writing and delivered either in person or by mail to the official address of the Association at;
Roxborough Village First Homeowners Association c/o Architectural Control Committee P.O. Box 621347 Littleton, CO 80162-1347
If a complainant wants to know the outcome of a complaint situation, then the complainant must have provided their name, address, and phone number on the initial written complaint submitted to the Association.
Complainants may be asked to testify at a violation review hearing if deemed necessary.
Policy for Speakers at Violation Hearings
Any person, other that the violator, that wishes to speak at a violations hearing must sign in with the secretary. The speaker could be limited to two (2) minutes if the Board determines it is necessary.
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Violations that Default to Douglas County or the Douglas County Sheriff's Office
1. Dogs, cats, or other ordinary household pets; barking, unleashed and other animal complaints must be reported to the Douglas County Animal Control by residents for enforcement. Their phone number is 303-660-7529.
Vicious animals must be reported immediately to the Douglas County Sheriff's Office at 303-660-7500, or by calling 911 in an emergency.
In some situations, the Association will send a courtesy letter to the Owner regarding the complaint.
2. Abandoned vehicles parked on public streets.
3. Parking violations of state laws or local ordinances on public streets.
4. Free-standing basketball posts installed in the County easements.
5. Noise in violation of state laws and/or local ordinances must be reported to the Sheriff's Office for enforcement, at 303-660-7500. In some situations, the Association will send a courtesy letter to the Owner regarding the complaint.
Residence Alterations/Improvements
See Separate booklet of "Design Guidelines". All exterior changes or improvements require approval of the Design Committee.
Other Specific Rules/Definitions Adopted by the Board
Camper - A unit mounted on the bed of a pick-up truck or vehicle is not considered a camper, and is considered a topper, provided the unit is no higher than four (4) inches above the cab of the pick up truck or vehicle, and the vehicle can be stored in the garage of the home on the Property.
A Camper includes but is not limited to any other recreational vehicle used for the storage and/or transportation of property or persons which is towed behind a vehicle or which is mobile under its own power. This includes but is not limited to pop-up campers or trailers, recreational vehicles, and mobile/motor homes.
No parking or storage of trucks or vehicles larger than pick up trucks is permitted, except those in the process of being used for pick up and/or delivery of goods or services. Any such vehicles must not remain for more than eight (8) hours. Exceptions to this provision will only be permitted with prior approval of the Board.
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Any pick-up mounted 'topper' when not attached to a pick-up truck bed, must be stored out of public view.
The Board retains the right to review individual vehicles which might not fit neatly into this definition and determine on a case-by-case basis those exceptions to the general definition.
Parking - Only one registered and operable vehicle is permitted to be parked on the street and must be entirely in front of the owner’s property.
The Board reserves the right to post areas of "No Parking" zones within filings 12 & 13 when it deems such limitations necessary to correct problems of congestion or hazardous conditions. Members of the Association shall be responsible for the parking and storage of vehicles owned or operated by their tenants, visitors, and household guests.
A resident of filings 12 & 13 may park a boat, trailer, camper, or recreational vehicle in his drive way for two (2) days during a seven day period for the purpose of stocking, loading, unloading, repairing, or cleaning. Parking for longer than stated above requires prior approval by the Board.
Parking of any vehicles, boats, trailers, campers, and recreational vehicles on landscape and/or lawn portions of the yard (Lot), or any other impervious surface is prohibited. Any parking area must be surfaced with concrete, capstone, flagstone, pavers, or rock. All parking areas must be maintained free of grasses, weeds, and debris, and must also comply with the Design Guidelines.
Stored Vehicles - Vehicles being stored on private property (Lot) in public view, or public right of ways will not be permitted. A stored vehicle is defined as those not legally registered or regularly driven, or those defined by the Board on a case by case basis.
Covered Vehicles - No vehicle covers will be allowed on any vehicle in public view
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Design Guidelines
1.01 Introduction
These Design Guidelines are in addition to the Declaration of Covenants, Conditions, and Restrictions (hereafter referred to as the “Declaration”) recorded on September 20, 1985 in Book 596 at Page 302 of the real property records of Douglas County, Colorado. These Guidelines establish standards for alterations, additions, improvements, etc…and serve such purposes as preservation of the aesthetic beauty of the area and protect residents financial investments.
Article IV of the Declaration requires “No structure of any attachment to an existing structure….shall be constructed, erected, placed or installed upon any property in Roxborough Village, and no alteration of the exterior of a residence or other structure shall be made,….unless complete plans and specifications therefore shall have been first submitted to and approved in writing by the Design Review Committee.”
*Note: Unless otherwise stated in these Design Guidelines, Design Review Committee approval is required for any construction, placement, installation, or alteration which effects the exterior of a residence in Roxborough Village filings 12 and 13.
“The Design Review Committee shall exercise its reasonable judgement to the end that all attachments, improvements, construction, landscaping and alterations to residences, other structures, and property within Roxborough Village shall comply with the requirements set forth herein, and in the Development Guide.”
The “Development Guide” is a document which sets forth land uses and development standards for Roxborough Village, and provides regulations for uses permitted therein. It is recorded at Book 551, Pages 547 through 613 in the real property records of Douglas County, Colorado.
Approvals, Denials, Variances
Approval shall be based upon, but not limited to, adequacy of site dimensions, conformity and harmony of exterior appearance of structures with neighboring structures, effective location and use of improvements on nearby lots, improvements, operations and uses, relations of topography, grade and finished ground elevation of the lot to that of neighboring property, proper facing of main elevations with respect to nearby streets, preservation of aesthetic beauty, and conformity with the plan specification and purposes generally set out in the Development Guide.
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It is important to know that some projects will require an appropriate building permit from the Douglas County Building Division, phone # 303-660-7497, before the project can be allowed to begin. Any Design Review Committee approval for a project which requires a building permit, must comply with the requirements of the Douglas County Building Division, and Committee approval is conditional based upon compliance with permit requirements
All actions taken by the Design Review Committee shall be in accordance with specific criteria, as delineated in the Development Guide where applicable.
“The Design Committee may grant reasonable variances or adjustments”….”in order to overcome practical difficulties and unnecessary hardships”….See your Declaration for further information on Variances.
If a Question ever arises as to the correct interpretation of any terms, phrases or language contained in these Guidelines, the Design Review Committee’s interpretation thereof shall be final and binding.
II. Specific Guidelines 2.01 Accessory Buildings. Committee Approval is required. Approval will be based upon, but not limited to the following criteria: A.) Must be of the same or generally recognized as complimentary architectural style and color as that of the residence. B.) Maximum sizes will be 100 square feet and 8 1/2' in height off ground level. C.) Must be behind fence. D.) Any utilities to accessory building shall be underground. E.) Should be located in the side yard whenever possible. F.) Roof must match the existing roof on residence unless otherwise approved by the committee. G.) Should not unreasonably obstruct neighbor's views of the mountains or open areas.
Requests for approval will be reviewed on a case-by-case basis, taking into consideration the lot size, square footage of the home and proposed location of shed or accessory building.
Note: A playhouse shall not be considered an accessory building if it is less than 24 square feet and is less than 6 feet in height from highest peak to the ground. Committee approval is not required if the playhouse follows these guidelines.
In general, more than one accessory building will not be approved.
Douglas County may also require a permit.
2.02 Additions and Expansions. Additions and expansions altering the exterior of any property will require submission of detailed plans and specifications.
Douglas County may also require a permit.
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2.03 Address Numbers. Committee approval not required if size is no larger than 6" in height. Curbside address numbers must have a white background with black numbers must be no larger than four inches tall.
2.04 Air Conditioning Equipment. (Including Evaporative Coolers). Air conditioning equipment installed in the side yard or in a window of the house should not be immediately visible to adjacent property owners. It should be installed in such a way that any noise to adjacent property owners is minimized. Installation of air conditioning equipment on the roof of the house is generally discouraged and generally will not be permitted. Units are to be concealed where possible and/or painted to match the color of the house.
2.05 Antennae. No aerial or antenna (for reception of radio or television or other electronic signal) shall be maintained on the roof. The Committee’s goals are to see that adequate concealment is provided so as not to be unsightly to neighbors or from streets, parks, or greenbelts. Satellite dishes are not prohibited however Committee approval is required for placement of such dishes.
2.06 Awnings. Metal and plastic awnings are discouraged. Cloth awnings shall be compatible in color scheme with the color of the house.
2.07 Balconies. See Decks, Section 2.19.
2.8 Barbecue Pits (outdoor). Requires Committee approval.
Douglas County may also require a permit.
2.09 Basketball Backboards/Basketball Equipment. See Play equipment/Sports Equipment, section 2.51.
2.10 Birdbaths. Committee approval is not required if placed in rear yard and of a height not greater than 3 feet including pedestal. Placement in front of side yard needs Committee approval.
2.11 Birdhouses and Birdfeeders. Committee approval is not required if limited to 1 foot by 2 feet and if no more than six in number is installed on any lot. A birdhouse or bird feeder, which is mounted by a pole, may only be installed behind the fence. No feeders or houses may be installed more than eight feet off the ground.
2.12 Boats. See Rules/Regulations, pages 12-13.
2.13 Campers. See Rules/Regulations, pages 12-13.
2.14 Carports. Not permitted. See Rules/Regulations, pages 12-13 for allowable methods of vehicle storage.
2.15 Circular Drives. See Driveways, Section 2.24.
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2.16 Clothes Lines and Clothes Hangers. Committee approval is not required for temporary clotheslines or clothes drying structures in the backyard, which can be, and are in fact, taken down after each use.
2.17 Compost. Committee approval is required. Container must not be immediately visible to adjacent properties and odor must be controlled. Underground composting is not allowed.
2.18 Commercial and Oversized vehicles. See Rules/Regulations, pages 12-13.
2.19 Decks. Committee approval is required. Must be wood or other material similar to the material of the residence and, if painted must be of a color similar to or generally acceptable as complimentary to the residence. Must be installed as an integral part of the residence and patio area. Must be located so as not to obstruct or diminish greatly the view of adjacent property owners or to create an A unreasonable level of noise for adjacent property owners. Construction shall not occur over easements and must be set back five feet from property line. Space under decks cannot be used for storage unless screened from view.
Douglas County may also require a permit.
2.20 Dog Houses. Committee approval is not required if the colors and materials match the residence. Maximum size 4' x 4' in width and not be more than 48" to highest point. Must be placed behind the fence.
2.21 Dog Runs. Committee approval is required. Considerations may include, but are not limited to, location in the rear or side yard, proximity to neighbors residence, screened from view, type of cover utilized, limited in size to two hundred fifty square feet, and no higher than the existing perimeter fencing.
2.22 Doors. Committee approval is not required for the addition of screen or other type doors to a home or an accessory building if the material matches or is similar to existing doors on the house and if the color is generally accepted as a complementary color to that of existing doors on house. Unpainted aluminum doors are not acceptable.
2.23 Drainage. See Article 5, section 4 of your 1985 Covenants.
2.24 Driveways. Committee approval is required. Primary driveways must be concrete. Any secondary parking area must be surfaced with concrete, capstone, flagstone, pavers, or rock. All parking areas must be maintained free of grasses, weeds, and debris.
2.25 Fences. The addition of fencing or change of existing fencing requires Committee approval. It is important to remember that certain drainage patterns may exist along or under proposed fence locations. When constructing a fence, be sure to provide for a space of 2" to 3" between the bottom of the fence and the ground elevation so as not to block these draining patterns. Fence sections which front or abut any public or private street, and/or front yard, common walkway, greenbelt, park or non-urban area must be constructed such that the
Revised May, 2000 (Supersedes all previous versions) 18 side of the fence which is generally accepted as being the most finished side faces said public or private street, common walkway, etc. Regular physical and aesthetic maintenance of fencing is required. Cedar tones of sealer or stain may be approved. Painting of fencing will not be permitted. Double fencing of property lines will not be permitted. No electrical fences will be allowed. No plastic, chain link, chickenwire, hogwire, barbed wire, or strand wire will be allowed.
Fence types that will be considered include the following:
1. Privacy fencing. Should be five feet high in Centennial Run and six feet high in Fairfield Homes to be consistent with existing neighborhood fencing. Privacy fencing requires three 2" by 4" rails. Construction should be of cedar fencing with dog-eared pickets. This fencing can be placed along the property lines surrounding the side and back yards of the property. Homes that adjoin open space must have open fences.
2. Open Fencing. Must be installed against open space. This fence may be two or three rail split rail fencing not to exceed five feet in height. Welded wire may be installed to protect children and pets if it does not exceed the height of the top rail. Cedar material should be used.
3. Front yard fencing. Height limitation will be three feet six inches.
2.26 Firewood storage. Committee approval is required.
2.27 Flagpoles. Committee approval is not required if it is a type that projects from the house and does not exceed 6 feet in length. Freestanding flagpoles require Committee approval.
2.28 Gardens-Flower. Committee approval is not required. All flower gardens must be weeded, cared for, and carefully maintained. See also Landscaping Restrictions, Section 2.38..
2.29 Gardens-Vegetable. Committee approval is not required if substantially screened and if located in the rear yard. Gardens must be weeded, cared for and carefully maintained. See also Landscaping Restrictions, Section 2.38.
2.30 Gazebos. Committee approval is required. Must be an integral part of the landscape plan. Must not obstruct adjacent property owners’ view.
2.31 Glazing. Mirrored glass is disallowed in any exterior addition, expansion, or accessory building. Also see Windows, Section 2.83.
2.32 Grading and Grade Changes. See Article V, Section 4 of your 1985 Covenants.
2.33 Hot Tubs. Must be an integral part of the deck or patio area and of the rear yard landscaping. Must be installed in such a way that is not immediately visible to or does
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Douglas County may also require a permit.
2.34 Irrigation Systems. Underground manual or automatic irrigation systems will not require approval of the Committee.
Douglas County may also require a permit.
2.35 Jacuzzi. See Hot Tubs, section 2.33.
2.36 Junk/Inoperable Vehicles. See Rules/Regulations, pages 12-13.
2.37 Kennels. Not allowed.
2.38 Landscaping. Any form of landscaping, such as retaining walls, gravel, rock, impervious surface material, structures, trees, and shrubbery must have Committee approval. This does not include grass or vegetable or flower gardens. Consideration should be given to plant materials that do not require excessive moisture and to locating plants away from buildings to avoid excessive moisture around foundations. Neighbors’ views should be considered when locating trees and shrubbery. NOTE: Landscaping of all yards shall be installed within one year after Recordation of a deed of a Residential Site to an Owner, or within such longer period as may be approved in writing by the Architectural Committee.
Due to the existence of Pierre Shale on the Property, all landscaping or planting of any type on any Lot must strictly conform to the Landscape Plan set forth in Exhibit C of your 1995 Community Declaration (covenants). The Association shall strictly enforce the Landscape Plan. See Declaration of Covenants, Conditions, and Restrictions Exhibit C Landscaping Plan (1995 version) which govern the type and placement of any plantings or landscaping materials on any Lot. Also see Special Publication 14, Home Landscaping and Maintenance on Swelling Soils, Candace L. Jochim, Colorado Geologic Survey, Department of Natural Resources, 1981; along with a copy of the Source Directory for Unthirsty Plants, prepared by Front Range Xeriscape Task Force, located in Exhibit C, pages C-4 through C-23 of the Declaration.
1. No Planting will be allowed within the first five (5) feet from the foundation. 2. Planting in the area between five (5) and eight (8) feet from the foundation shall be of a type with a low water demand as defined by the “Source Directory of Unthirsty Plants.” 3. No trees shall be planted within ten (10) feet of the house foundation. 4. Plantings beyond eight (8) feet from the foundation shall also be of a type with low water demand. However, beyond the eight (8) foot line, sod or turf may be planted provided the grasses are of a type with a low water demand. 5. Instructions for care and watering of shrubs, trees, and turf must be provided to the home buyer, and the home buyer must acknowledge, in writing, receipt of
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instructions. These instructions will include a copy of Special Publication 14, Home Landscaping and Maintenance on Swelling Soils, and Source directory for Unthirsty Plants. 6. Roof drains will extend more than six (6) feet beyond the foundation either by drain extension or by splash blocks. This is impossible between some of the Fairfield Homes portion of the Association. 7. All Lots are to be landscaped within one (1) year of purchase, except with an approved time extension by the Board, and thereafter responsibly maintained. All turf areas are to be kept trimmed not higher than six (6) inches in height. All rockscape areas must be maintained free from weeds and debris. 8. All Lots shall be kept free from plants infected with noxious insects or plant disease, which in the opinion of the Board are likely to spread to another property. All Lots shall be kept free from weeds.
2.39 Latticework. Committee approval is required when used for screening on patios, under decks, etc.
2.40 Lights and Lighting. (Exterior) Committee approval is not required if installed in accordance with the following guidelines: Exterior lights must be conservative in design and must be as small in size as is reasonably practical. Exterior lighting shall be directed down and towards the house and shall be of low wattage to minimize glare to adjacent properties. Lighting for walkways generally should be directed to the ground. Lighting fixtures should be dark colored so as to be less obtrusive. Low voltage lighting offers safety advantages over conventional house-voltage systems. Any variance from these guidelines or use of high-wattage spotlights or flood lights requires Committee approval. Holiday lighting shall not be put up earlier than one month before targeted holiday and must be taken down one month after the same holiday. Exceptions require committee approval.
2.41 Motorcycles. See Rules/Regulations, pages 12-13.
2.42 Motor Homes. Not permitted to be located permanently in residential areas. See Rules/Regulations, pages 12-13.
2.43 Motor Vehicles/Recreational Vehicles. See Rules/Regulations, pages 12-13.
2.44 Overhangs/Awnings. See Awnings, section 2.06.
2.45 Painting. Committee approval is required for all exterior painting. Sample paint chips with brand names for field, trim, and accent colors (i.e. shutters, doors, etc.) Shall be submitted for approval. Submittal of colors is required even if proposed color scheme is the same as the existing. The Committee may require repainting of houses for which advance approval was not obtained
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2.46 Patio Covers. Committee approval is required. Must be constructed of wood or material generally recognized as complimentary in color to the colors of the home. See Awnings, section 2.06.
2.47 Patios-Enclosed. See Additions and Expansions, section 2.02.
2.48 Patios-Open. Committee approval is required. Must be an integral part of the landscape plan and must be located behind the fence. Must be similar or generally accepted as a complimentary color and design of the residence. Also see Decks, Section 2.19.
2.49 Paving. Committee approval is required, regardless of whether for walks, driveways, patio areas, or other purposes and regardless of whether concrete, asphalt, brick, flagstones, pre-cast patterned or exposed aggregate concrete pavers are used as paving material.
2.50 Pipes. Exterior pipes and equipment must be approved.
2.51 Play and Sports Equipment. Committee approval is required if equipment is more than ten feet in height. Consideration should be given to adjacent properties (i.e. reasonable setback from property lines where applicable, e.g. trampoline, swingsets, fort, etc.) so as not to create an undue disturbance. Play equipment or items used for front yard play are to be stored out of view when not in use. Committee approval is required for every type of basketball goal or backboard. Pole mounted backboards may be approved based upon, but not limited to, the following considerations: proximity of goal to the property lines, proximity to the neighbors living area, landscaping, and vehicles. Backboards shall be of a standard size.
2.52 Playhouses. See Accessory buildings, section 2.01.
2.53 Poles. See flagpoles, section 2.27.
2.54 Pools. All pools require Committee approval. A detailed site plan shall be submitted for approval.
Douglas County may also require a permit.
Rabbit hutches. Committee approval is required. Colors and materials shall match residence.
2.56 Roofs (replacement)/Rooftop equipment. Committee approval is required if material is changed. You may be required to submit a sample for review. Roofing systems that will not be approved include hardboard shingles, wood shakes, metal roofs, and rolled roofing. Vents must be painted to blend with the color of the roof.
2.57 Saunas. Committee approval is required if place outdoors.
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2.58 Screen doors. See doors, section 2.22.
2.59 Sewage disposal system. Roxborough Metropolitan District sewage allowed only.
2.60 Siding. Any change in existing siding requires Committee approval. Submittal shall include a detailed description of material, color, manufacturer, and shall include a material sample.
2.61 Signs. Committee approval is required for most signs. Temporary signs advertising property for sale or lease which are no more than 4 feet in height and no more than two feet by three feet in size, and which are conservative in color and style may be installed on the lot without Committee approval provided there is no more than one sign per lot. All other signs must be approved by the Committee. No lighted signs will be permitted.
2.62 Skylights. Committee approval is not required if three feet by five feet or smaller.
Douglas County may also require a permit.
2.63 Solar Energy Devices. Committee approval is required.
Douglas County may also require a permit.
2.64 Spas. See Hot Tubs, section 2.33.
2.65 Statues/Sculptures. Committee approval is not required if the are installed in the rear yard and of a height not greater than three feet. Installations not meeting these requirements shall be submitted for approval.
2.66 Storage Sheds. See accessory buildings, section 2.01.
Douglas County may also require a permit.
2.67 Stove and Flue Pipes. When protruding through the roof of a home and extending more than 3 feet, the flue shall be enclosed with materials that match the home’s siding, trim, and color. This applies to all types of vertical extensions on homes.
Douglas County may also require a permit.
2.68 Sunshades. See Awnings, Section 2.06.
2.69 Swamp Coolers. See Air Conditioning Equipment, section 2.04.
2.70 Swing Sets. See Play and Sports Equipment, section 2.51.
2.71 Temporary Structures. Article III, Section 3.23 of the Declaration prohibits tents, shacks, temporary structures or buildings without prior written consent of the Committee and except in unusual circumstances, such consent will not be given. Camping tents for
Revised May, 2000 (Supersedes all previous versions) 23 occasional overnight sleeping will not require Committee approval if left up for no longer than 72 hours.
2.72 Temporary Vehicles. See Rules/Regulations, pages 12-13.
2.73 Trailers. See Rules/Regulations, pages 12-13.
2.74 Trash containers and Pick Up. Trash may be placed on the street for pickup the evening prior to pickup. Trash containers must be properly stored the evening of pickup. See also Compost, section 2.17.
2.75 Treehouses. Will not be permitted.
2.76 Trucks. See Rules/Regulations, pages 12-13.
2.77 Underground installations. All underground structures, including, but not limited to, pools, cellars, and shelters, shall be submitted for approval. Installation of utilities or utility equipment requires Committee approval unless installed by licensed utility company. Utility locates must be done in compliance with state laws and Douglas County rules and ordinances.
2.78 Vehicles (large) See Rules/Regulations, pages 12-13.
2.79 Walls. See fences, section 2.25.
2.80 Walls- Retaining. Committee approval is required.
2.81 Wells. Not permitted.
2.82 Wind Generators. Not permitted.
2.83 Windows: Security bars, etc. Committee approval is required for replacement or addition of windows or security bars. In selecting replacement window units please adhere to the following guidelines: A. All window units shall conform to the architectural style of the house. B. All windows in a single elevation (e.g. front, rear, and side) shall be consistent. C. Mirrored or glass is not permitted. D. Tinting of windows may be allowed if not mirrored.
2.84 Windchimes, Windvanes, Windturbines and Directionals, etc. Permitted, however they must be removed if the Committee determines that they cause excessive noise and there is a complaint from the community.
III. PROCEDURES FOR COMMITTEE APPROVAL
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3.1 Drawings or Plans. See Article II, Section 5 of the 1985 Community Declaration. Submittal forms are available by mail. All submittals must be in writing on an official Roxborough Village First H.O.A. submittal form. The Architectural Committee requires all submittals to list the address of the property and name and address of property owner. Submittal must be made prior to commencement of work on any Improvement to Property, “descriptions, surveys, plot plans, drainage plans, elevation drawings, construction plans, specifications and samples of materials and colors” as the Architectural Committee may reasonably request showing the “nature, kind, and shape height, width, color, materials and location” of the proposed Improvement to Property. In most cases, the materials to be submitted will not have to be professionally prepared by a an architect, a landscape architect or draftsman and a simple drawing and description will be sufficient. In the case of major improvements, such as room additions, structural changes or accessory building construction, detailed plans and specifications, prepared by a licensed architect, may be required. Whether done by you or professionally, the following guidelines should be utilized in preparing drawings or plans.
A. The drawing or plan should be done to scale and should depict the property lines of your lot and the outside boundary lines of the home as located on the lot. If you have a copy of an improvement survey of your lot obtained when you purchased it, this survey would be an excellent base from which to draw. B. Existing improvements, in addition to your home, should be shown on the drawing or plan and identified and labeled. Such existing improvements include driveways, walks, decks, trees, bushes, etc. C. The proposed improvements should be shown on the drawing or plan and labeled. Either on the plan or on an attachment, there should be a brief description of the proposed improvement, including the materials to be used and the colors. (Example: Redwood deck, 10 feet by 12 feet with two inch by four inch decking. Natural stain.)
For residents of Roxborough Village filings 12 and 13, all communications and submittals shall be addressed to the Roxborough Village First Homeowners Association, c/o Design Review Committee, P.O. Box 621347 Littleton, Co 80162-1347. The Design Review Committee does not charge a fee for submittals, reviews, approvals, or denials.
3.2 Three copies of the drawing or plan must be submitted to the Design Review Committee at the address stated above. One copy will be returned to the homeowner, dated, signed, and stamped.
3.3 Action by Committee. The Design Review Committee will meet regularly to review all plans submitted for approval. The Committee may require submission of additional material and the Committee may postpone action until all required materials have been submitted. The Committee will contact you, by phone if possible, if the Committee feels additional materials are necessary or if it needs additional information or has any suggestions for change. Under Article II, Section 7 of the 1985 Community Declaration, the Design Review Committee must act on the
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plans within sixty (60) days after receipt of all materials required by the Committee (unless the time is extended by mutual agreement). As a courtesy, if you require, you will be notified, by phone if possible to be followed by a written notice, of the decision of the Committee within this time period. The review process, hopefully, will be speedy so as to give you as fast a turnaround as possible. 3.4 Prosecution of Work. After approval, a proposed improvement to property should be accomplished as promptly and diligently as possible in accordance with the approved plans and description. The work must be completed, in any event, within one year. Article II Section 7 of the 1985 Community Declaration gives the Committee the right to file a notice of noncompliance where warranted. Under Article II, Section 8 of the 1985 Community Declaration you are entitled to give the Committee a notice of completion and the Committee must act within thirty (30) days after receipt of a notice of completion or the improvement to property is deemed to be in compliance.
IV Definitions.
Boat: a boat is a structure designed for navigation on the water and is propelled by oars, paddles, sails, or active power, and includes and object commonly understood as a boat.
Camper Trailer: A vehicular portable unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreational, camping, or travel use.
Committee: Roxborough Village First Homeowners Association Design Review Committee.
Dog Kennel: A structure where animals are individualized for purposes of boarding, breeding, or training or any type of commercial venture.
Dog Run: A contained space that is intended to allow one or more animals free movement in the out of doors.
Mobile Home: A mobile home is any type of trailer or vehicle body, regardless of any appurtenances, additions, or other modifications thereto, without independent active power, manufactured upon an integral chassis or under carriage and designed either for travel over the highways for housing accommodations or both.
Motor Home: A vehicular unit, built on a self-propelled motor vehicle chassis, primarily designed to provide temporary living quarters for recreational, camping, or travel use.
Recreational vehicle: A recreational vehicle is a vehicle-type unit primarily designed as temporary living quarters for recreational, camping, or travel use, which either has it’s own active power or is mounted on or drawn by another vehicle.
Open Space: Land that has been dedicated to the metropolitan District.
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Trailer/Trailer House: A trailer is any vehicle that couples to or is drawn by any motor vehicle. A trailer house is a trailer designed to serve wherever parked as a dwelling or a place of business.
Travel Trailer: A vehicular portable unit, mounted on wheels, primarily designed and constructed to, constructed to provide temporary living quarters for recreational, camping, or travel use.
Truck camper: A portable unit, designed to be loaded onto, or affixed to, the bed or chassis of a truck, constructed to provide temporary living quarters for recreational, camping, or travel use. This does not include pickup trucks ¾ ton or less in size with a topper or shell that does not exceed four inches above the cab or does not fit into the garage.
View: A view is established from the rear outside main living area of properties adjoining open space. A view, if applicable, is established with the initial construction of the home. A view cannot be established by additions such as a second story deck.
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Attachment: Copy of Submittal form
Revised May, 2000 (Supersedes all previous versions)