Fairway West 1St Addition

Declaration of Covenants and Restrictions
THIS DECLARATION, made this 29th day of April, 1976, by FAIRWAY WEST, INC, a Colorado Corporation, hereinafter referred to as Declarant, WITNESSETH:
WHEREAS, the Declarant is the owner of the following described property situated in the City of Loveland, County of Larimer, State of Colorado, to-wit:
Fairway West Addition to the City of Loveland, County of Larimer, State of Colorado, according to plat filed March 25, 1976 and;
WHEREAS, the Declarant proposes to develop the above described property under a general plan and scheme, and desires for this purpose to create and establish certain restrictions and obligations pursuant to such general plan and scheme;
NOW, THEREFORE, the following covenants, restrictions, conditions and reservations are imposed or reserved upon the above described property:
1. The purpose of the following covenants, restrictions, conditions and reservations is to insure the best use and most appropriate development and improvement of the property subject hereto; to protect against the depreciation in the value of surrounding and adjacent properties; to insure the highest and best development of said property; to prevent haphazard and inharmonious development and improvement and in general to provide for a high type and quality improvement of said property and whether or not provision therefore is specifically stated in any conveyance of a lot made by the Declarant, the owner or occupant of each and every lot, by acceptance of title thereto or by taking possession thereof, covenants and agrees to adopt the conflict resolution process described below (The Process) and that no building or other structure shall be erected, placed or altered on any lot in said Addition, nor shall any wall, fence or other enclosure be located thereon that is not subject to The Process.

2. It is the intention of Declarant that, to the extent practicable, disagreements concerning the appropriateness of any construction, placement or alteration or any alleged violation of these covenants be resolved in an amicable, neighborly manner that respects the rights of all parties. Therefore, the following steps must be taken by anyone claiming a violation of these covenants.

A. A party who believes that a violation of these covenants has occurred or is about to occur, must first approach the allegedly offending party directly and in person, unless there is substantial reason for the party to believe that such contact would either put the party at risk or be futile.

B. A party who believes that a violation of these covenants has occurred or is about to occur and who has approached the allegedly offending party or has a substantial reason for not doing so, and who believes that such violation is likely to occur or to continue to occur may then appeal to the Covenants Committee, in writing, asking the Committee to remedy the situation.

C.  The Covenants Committee shall investigate the complaint, discuss the alleged violation with all interested parties and conduct such investigation as the Committee might deem proper. The Covenants Committee should also attempt to resolve the issues amicably.

D.  Within Thirty (30) days of receiving a written complaint, the Committee shall issue an opinion as to whether or not a violation has occurred and notify all interested parties in writing of its findings and conclusions. If the Covenants Committee shall fail to act on a complaint such complaint shall be deemed rejected.

E.  All parties subject to these covenants hereby agree to forgo any and all other enforcement action concerning the alleged violation until the Covenants Committee shall have issued its opinion as described in sub-paragraph D above.

F.  A party seeking to engage in any construction, placement or alteration to existing property or to institute a change in the use of existing property may, but is not required, to seek, in writing, approval of such changes from the Covenants Committee. If the Covenants Committee shall fail to act on a request for pre-approval within thirty (30) days of receipt, such request shall be deemed approved. Such approval, whether explicit or by default, shall create a rebuttable presumption that the approved action is in accord with these covenants.

G.  Under no circumstance may the Covenants Committee bring a complaint on its own initiative.

H.  Nothing herein shall be construed to prevent an individual member of the Covenants Committee from bringing such a complaint in his or her individual capacity. However such member must recuse himself or herself from participation in any action to which he or she is a party.

3. No lot located within said Addition shall be used except for single family residential purposes, and home-based businesses for which the State of Colorado or the City of Loveland has issued a permit so long as the operation of the business does not violate other provisions of the covenants.
4. There is hereby established an Covenants Committee to consist of five (5) members. The following persons are designated to serve as the initial members of said Committee: XXXXX, XXXXX, XXXXX, XXXXX, XXXXX. The first three so named will serve four year terms and the last two shall serve two (2) year terms. Thereafter all members shall serve four (4) year terms. No person may serve as a member of the Covenants Committee unless such person shall be an owner of record of a lot in the Fairway West Addition to the City of Loveland, County of Larimer, State of Colorado, according to plat filed March 25, 1976.

5. The Covenants Committee may designate any person as its representative by a written instrument making such designation. If there should occur a vacancy on such Committee or if a majority of the owners of a majority of the lots located in such Addition shall determine that a member of the Committee shall be removed with or without cause, then a majority of the owners of a majority of the lots located in said Addition shall have the authority to designate replacement members of said Committee. No members of said Committee, nor its designated representative, shall be entitled to any compensation for services performed as a member of such Committee.
6. Building Quality and Size:
a. All one story residents shall have a minimum of 1,400 square feet on the ground floor excluding garages, patios and screened porches.
b. All tri-levels, splits, 2-story, bi-levels, daylight or walkout basement homes to have 2,000 square feet overall excluding garages, patios, and screened porches.
7. Materials and Construction:
a. All roofs to have a minimum of 4” to 12” pitch on one story residence and a 3” to 12” pitch on all others. Exposed material of roof can be of fire-resistant and hail-resistant material with the appearance of shingles.
b. Siding and gable ends are to be of wood, hardboard, aluminum, vinyl, stucco, natural stone, rock, brick, slump block, decorative block, or combination of these which are in overall harmony with the design of buildings and structures located on other lots subject to these covenants. Slump block is limited to the following sizes: 4” x 4” x 16” or 4” x 8” x 16”. Decorative Block is to be limited to twenty (20) percent of the total siding area. Fiesta stone, artificial stone products or similar artificial materials are not to be allowed with the exception of decorative block and slump block mentioned above.
c. Fences are to be constructed of wood, vinyl, brick, block or combination of these. No metal or wire fencing or wood with exposed bark to be allowed. All fences are to be maintained in good condition by lot owner. Declarant to have privilege of constructing at either entrance to subdivision a structure that will designate the name of the subdivision and this is to be made out of masonry or wood or a combination of both.
e. Garages: All residences to have a garage with a minimum width of twenty (20) feet.
f. Sidewalks: By accepting title to a lot, or lots, purchaser then assumes Declarant’s responsibility to the City of Loveland to construct a sidewalk on purchaser’s lot, or lots, as shown on the plat of Fairway West 1st Addition. Sidewalks must be installed within six months after the date of purchase. This time limit can be extended for an additional six months by approval in writing by two members of the Covenants Committee.
g. Permanent storage buildings can be attached to residences or garages and plans showing materials, elevations and size to be approved by the Covenants Committee.
8. Storage: No parking or storage of boats, campers, trailers, motor homes, or buses shall be allowed on any lots in the subdivision except for occasional and infrequent temporary parking for a period of time not to exceed ninety-six (96) hours; to more fully allow for recreational use of such vehicles during the summer, an exception is made to this rule to allow regular parking or storage on a lot in the subdivision, for a cumulative time period not to exceed 30 days between Memorial Day and Labor Day. Campers attached to pick-ups and in ordinary use are to be allowed if parked on a driveway to a garage or in an enclosed garage or on the street, and trailers placed behind a fence that are less than the fence height. No currently unlicensed, stripped-down, partially wrecked, or junk motor vehicle may be parked or stored on any of the lots of the subdivision at any time. No commercial trucks or any similar commercial vehicle having a curb weight in excess of 6,000 pounds shall be permitted in the subdivision in excess of four hours not to exceed a total of eight hours in any one calendar month. Any of the above mentioned vehicles are to be allowed if stored in the garage. No repairs to any vehicle shall be allowed except for emergency repairs and repairs which are completed within twenty-four (24) hours. Temporary structures are to be limited to structures used by contractors in the process of constructing or remodeling an approved structure but not to exceed six (6) months. This time limit can be extended for an additional six (6) months by approval in writing by two members of the Covenants Committee. It is recognized that there are owner/residents who have justifiably relied on the previous lack of enforcement and have been in violation of this covenant for many years. As immediate enforcement would create an undue hardship and would be unfair to these individuals, any person who has been in violation of this covenant for more than ten (10) years shall be given five (5) years from the date of adoption in which to come into compliance.
9. Heating Fuel Tanks: All fuel tanks must be screened from view with an approved fence.
10. Lamp Post: Each lot owner shall erect and maintain a lamp post not less than four feet in height, together with electric bulb and shade, at a point not less than three feet distant and not more than ten feet from the front lot line and install the necessary wiring, the type and design of the lamp post shall first be approved in writing by the subdivider.
11. No sign of any character shall be displayed, except that the owner may display on his premises a “FOR SALE” or “FOR RENT” or “SOLD” sign, referring only to the premises on which displayed, provided the size of such sign does not exceed 24” x 24”.
12. No weeds, underbrush or other unsightly growths shall be permitted to remain upon the premises hereby conveyed and no refuse pile or unsightly objects shall be allowed to be placed or suffered to remain anywhere thereon. At least twenty-five (25) percent of the surface area of the front yard and twenty-five (25) percent of the surface area of the backyard must be landscaped using living plants.
13. The owner, or owners, of any of the parcels of land subject to these Covenants may enforce the restrictions and limitations herein set forth by proceedings at law or in equity against any person or persons violating or attempting to violate any of the said restrictions and limitations, either to recover damages for such violation or to restrain such violation or attempted violation.
14. These Covenants and Restrictions shall run with and bind the land for a term of twenty (20) years from the date this Declaration is recorded. They shall then be automatically extended for successive periods of ten (10) years each, unless an instrument
signed by a majority of the lot owners in said Addition has been recorded. Said instrument shall provide for amending or terminating this Declaration in whole or in part. During the first twenty (20) year period of this Declaration, it may be amended in whole or in part only by an instrument signed by a majority of the lot owners in said Addition. All Amendments to this Declaration shall be effective only after they have been recorded in the office the Clerk and Recorder of Larimer County, Colorado. For the purpose of determining the majority of lot owners required by this paragraph, any lot which is subject to a mortgage or deed of trust consents to such action by an instrument in writing, properly acknowledged and filed for recording in the office of the Clerk and Recorder of Larimer County, Colorado.
15. The invalidation of any of these Covenants, restrictions, conditions or any part hereof, by any judgment, decree or order of court shall not in any way affect the continued validity or applicability of any other covenant, restriction or condition herein contained; and the same shall remain in full force and effect.