REVISED POLICIES, PROCEDURES, RULES AND REGULATIONS

OF

PINON GLEN HOMEOWNERS ASSOCIATION, INC.

(Adopted October 18, 2006)

 

Introduction

 

            THESE REVISED POLICIES, PROCEDURES, RULES AND REGULATIONS OF PINON GLEN HOMEOWNERS ASSOCIATION, INC. supersede and replace the Rules and Regulations that were adopted June 30, 1998. Notwithstanding the foregoing, all other policies, procedures, rules and regulations of the Pinon Glen Homeowners Association, Inc., including without limitation, the Insurance Coverage Rule (adopted May 15, 2004), the Covenant Violation Fine Procedures (adopted August 19, 2004), the HOA Assessments – Late Fees & Penalties (adopted August 19, 2004), and Common Area Usage Rule (adopted August 18, 2005), shall remain in full force and effect until otherwise amended or repealed by the Board.

 

 

            1.         Homeowners Association. 

 

                        A.        The Pinon Glen Homeowners Association, Inc. (the “Association”) complies with all federal, state and local laws.

 

                        B.         Each Owner or occupant of a lot in the subdivision shall read the following documents and any amendments thereto (which are collectively referred to as the “Association Documents”): the Amended and Restated Declaration of Covenants, Conditions, Restrictions and Easements of Pinon Glen, recorded on August 19, 1998, at Reception No. 098118831 of the real property records of El Paso County, Colorado (the "Declaration"); the Articles of Incorporation of Pinon Glen Homeowners Association, Inc. (the “Articles of Incorporation”); the Bylaws of Pinon Glen Homeowners Association, Inc. (the “Bylaws”); any policies, procedures, rules or regulations ("Rules”) adopted by the Association’s Board of Directors (the "Board").  All Owners and occupants shall strictly comply with the Association Documents.  The Association’s Board of Directors shall have the power to enforce the Association Documents and to amend these Rules from time to time.

 

                        C.         The Association Documents, including these Policies, Procedures, Rules and Regulations, shall include those matters required or allowed by the Colorado Common Interest Ownership Act.  

 

            2.         Architectural Control.

 

                        A.        All Owners and occupants shall strictly comply with the requirements for architectural approval set forth in the Association Documents.

 

                        B.         Subsequent to all construction by the Declarant, without the prior written approval of the Architectural Control Committee (the "Committee"), which may be the Board itself, the Committee in its sole discretion may impose conditions, restrictions or prohibitions as follows:

 

                                    (1)        No buildings, structures or any other improvements shall be constructed, placed or maintained by the Owner or occupant upon the landscaping or exterior of any lot or Common Area.

 

                                    (2)        No Owner or occupant shall change the exterior appearance of the building or landscaping on the lot or Common Area.

 

                                    (3)        No Owner or occupant shall attach awnings, screens, screen doors or other items to the exterior of the building, except styles and products approved by the Board.

 

                                    (4)        No signs, notices or other exterior displays shall be exhibited, painted, affixed or otherwise located upon any lot or any building on a lot, except as provided in Section 11 below.

 

                                    (5)        No Owner or occupant shall place any solar film or other coloration on the windows nor any solar collections on the roofs.

 

                                    (6)        No Owner or occupant shall erect any satellite dish, aerial antenna, poles, wires or similar objects upon the exterior of any building, except that an Owner or occupant may erect a small satellite dish (not exceeding thirty inches (30") in diameter with the Committee's prior written approval as to appearance and location.

 

                                    (7)        No Owner or occupant shall erect or construct any fence without the prior written approval of the Committee.

 

                        C.         No Owner or occupant shall allow any bicycles, swimming pools, toys or other items to be left on the landscaping, porches or otherwise on the lot where it may be visible from another lot.  Screened hot tubs located within the standard fenced area of each home with approved products are allowed.

 

                        D.        No Owner or occupant shall dry clothes on clothes lines or otherwise hang any blankets or clothing on the exterior of their home for more than a three (3) hour period, ground level only.

             

            3.         Pets.

 

                        A.        No more than two pets (either dogs, cats or total of both) shall be permitted on any lot.  Any dog may not exceed forty (40) pounds at adult weight.

 

                        B.         Animals or pets shall not be bred or kept for commercial purposes, shall not be allowed to make objectionable noises, smells or otherwise constitute a nuisance or inconvenience to the homeowners or shall not be kept in violation of any law or insurance regulation.  Pets may not be allowed to run loose through the subdivision nor tied or chained to any tree, building or structure.

 

                        C.         Pets shall only be allowed outside the home when on a leash or in a carrier container with the exception of when they are located within the standard fenced area of each home.  Pets shall be under complete control at all times. Pet owners must immediately pick up after the pet.

 

                        D.        The Board may amend these Rules to provide such restrictions and prohibitions on pets and animals in the future as may be necessary in the sole discretion of the Board.

  

            4.         Vehicles.

 

                        A.        All residents and guests shall drive with extreme caution in order to avoid injury to children, other residents and guests, and others’ property.  No vehicles shall exceed the posted speed

 

                        B.         All vehicles must meet local noise and safety requirements.  Vehicles or motorcycles without mufflers in good condition are prohibited.

 

                        C.         No recreational vehicles, boats, campers, trailers, junk or inoperative vehicles, as determined in the sole discretion of the Board, shall be parked in any driveway, on any lot, on any private street or elsewhere within the subdivision.

 

                        D.        No mechanical work on vehicles may be performed.

 

                        E.         Neither Owners nor occupants shall allow heavily loaded trucks, moving vans or other vehicles on the streets to cause damage to those areas.

 

                        F.         No parking shall be allowed in any fire lanes or other restricted areas of the private streets.  Vehicles violating this subsection shall be subject to immediate towing without notice.

 

                        G.        No vehicle shall be parked on any driveway for more than twenty-four (24) hours.  Vehicles shall be parked in the garages which shall be used for such purposes, not storage or other purposes.  Garage doors shall be closed at all times except when used for ingress or egress.

 

                        H.        Any vehicles which are parked illegally or in violation of this Rule or the Association Documents may be towed, removed or disabled by the Association, and any expenses therefore shall be paid by the offending party.

 

                        I.          Notwithstanding the foregoing, emergency motor vehicles are permitted in a home occupant’s driveway or in Association’s streets if the emergency motor vehicle meets each of the following requirements:

 

                                    (1)        the emergency motor vehicle is required by the home occupant’s employer as a condition of employment;

 

                                    (2)        the emergency motor vehicle weighs ten thousand pounds or less;

 

                                    (3)        the home occupant is a bona fide member of a volunteer fire department or is employed by a primary provider of emergency fire fighting, law enforcement, ambulance, or emergency medical services;

 

                                    (4)        the emergency motor vehicle has some visible emblem or marking designating it as an emergency vehicle; and

 

                                    (5)        the parked emergency motor vehicle does not block emergency access or interfere with the reasonable needs of other Owners or occupants to use the streets and driveways within the subdivision.

 

            5.         Nuisances.

 

                        A.        Soliciting, whether commercial, political, religious or otherwise is strictly forbidden within the subdivision.  To the fullest extent allowed by law, any such solicitors shall be trespassers and subject to civil and criminal penalties.

 

                        B.         No Owner or occupant shall allow noise by radios, televisions, parties or otherwise to annoy other Owners or occupants.

 

                        C.         No Owner, guest, family member or tenant shall damage the landscaped areas nor any of the streets, sidewalks or other common property of the Association.

 

                        D.        No Owner or occupant shall discharge any firearms or fireworks in the subdivision.

 

                        E.         No Owner or occupant shall do any open cooking which may cause a fire danger or noise or inconvenience to other Owners.

 

                        F.         All Owners and occupants shall keep their own lights in operable condition.

 

                        G.        All Owners and occupants shall promptly notify the Association of any damage to the Common Areas and any need for repairs and maintenance.

 

            6.         Trash Collection.   No Owner or occupant shall allow garbage cans, trash, milk containers or other refuse to be placed outside the garage, except on the day of collection of said items, and all trash and refuse must be placed in a proper receptacle, sealed and deposited in the appropriate place.

 

            7.         Insurance.  The Association's insurance policy does not cover the interior of the home, the personal property therein nor any liability to guests or other occupants therein.  Each Owner or occupant should obtain their own insurance for such matters and liabilities.

 

8.         Guests, Family Members, and Tenants.  Each Owner shall be liable for any violations or damage done by that Owner's guests, tenants, contractors, invitees or family members, and each Owner shall be subject to fine for any violation of the Association Documents and their requirements and shall incorporate the same into any lease and agreements.

 

            9.         Fines and Penalties. The Board may impose such fines as it determines after providing notice to the alleged violator and Owner and providing an opportunity to be heard, for the violation of the Association Documents, including these Rules.  Any such notice may be sent by certified mail, return receipt requested, at least seven (7) days prior to the meeting of the Board. At the hearing, the Board may consider any oral and written information produced by the alleged violator and any other interested party; the legal and statutory rules of evidence and procedure shall not apply.  The Board may in its sole discretion determine the procedure and compliance with the Association Documents. The fine may be imposed upon an Owner for the acts or omissions of other persons as set forth in these Rules. Each incident or each day of a continuing violation may be considered a separate violation for which the maximum fine may be imposed. Any fines shall be both a personal obligation of the Owner of the lot and the violator or both and shall also constitute a statutory lien which may be recorded against the lot and foreclosed as provided by the Declaration for foreclosure of assessment liens. Any technical irregularities or defects in the proceedings or notifications shall not invalidate any fine imposed hereunder.

 

            10.       Assessments.  Any assessment which is not received when due shall be subject to a fifteen dollar ($15.00) per month administration fee.  The Association shall have all rights and remedies set forth in the Association Documents and in law and statute. Additionally, the Association may terminate any services, such as utilities, insurance, parking or use of Common Areas, which shall include, for all purposes of these Rules, the Maintenance Area as described in the Declarations, to any delinquent Owner and/or Unit, may make deductions from that Owner's and/or Unit's reserve funds and may require any tenant to pay any rental payment to the Association. All payments shall be applied to outstanding balances in the following order of priority: (a) late charges, (b) interest, (c) attorney fees and costs, (d) returned check charges, (e) unpaid assessments beginning with the oldest unpaid assessment.

 

            11.       Signs and Displays. Notwithstanding the foregoing, the following types of signs and displays are permitted under the following conditions:

 

                        A.        American Flags.  The American flag may be displayed on an Owner’s property or within the window of a home or deck adjoining the home, but may not be attached to the exterior of the home in any manner except by a bracket, which has been approved by the Association.  The flag must be displayed in a manner consistent with Federal and State Flag Codes.  The flag may not be any larger than 30 inches by 48 inches.

 

                        B.         Service Flags.  A service flag bearing a star denoting the service of the Owner or occupant or a member of Owner’s or occupant’s immediate family in the active or reserve military service of the United States during a time of war or armed conflict may be displayed on the inside of a window or door of the home. The Service flag may not exceed 30 inches by 48 inches.

 

                        C.         Political Signs.  Except to the extent restricted by city, town, or county ordinance, an Owner or occupant may have one political sign per political office or ballot issue that is contested in a pending election, as defined by the statute, to be located within the boundaries of the Lot or in a window of the home, with a maximum dimension of 36 inches by 48 inches. Such political signs may only be displayed no earlier than forty-five (45) days prior to the election day to which the sign pertains and no later than seven (7) days after said election day.

 

            12.       Meetings.  Meetings shall be called and conducted in accordance with the Bylaws and the rules and procedures attached hereto as Exhibit A.

 

            13.       Conflicts of Interest.  Conflicts of interest should be resolved in accordance with the attached Exhibit B.

 

            14.       Records.  Maintenance, inspection and copying of the Association’s records shall be done in accordance with the rules and procedures on the attached Exhibit C.

           

            15.       Amendment Policy. Policies, procedures, rules and regulations of the Association may be amended, deleted, replaced, or augmented at any time by the Board, in accordance with the Association Documents. Any Owner who desires any type of modification of these Policies, Procedures, Rules and Regulations should submit a request in writing to the Board. The Board may, but shall to be obligated to, consider such a request.

 

            16.       Dispute Resolution. Disputes arising between the Association and Owners shall be handled in accordance with the attached Exhibit D. 

 

            17.       Reserve Funds. The Board shall invest or not invest the Association’s reserve funds in accordance with its reasonable business judgment, and as required by the Association Documents, and applicable state and federal law.