Working Guidelines for Broken Triangle Estates Homeowner’s Association

[edit – Regulations]

Animals

Regarding animals, the covenants shall be followed but, when a homeowner wishes to have more animals, it will be handled on a case by case basis by submitting a written petition to the BTWA [edit –BTEHOA] Board for a hearing. (Letter from James M. Roberts, Attorney at Law, Septemeber 17, 1981 regarding animals and pets, “There may be three horses per lot provided there is a suitable corral and the horses are not permitted to over-graze the lot and they… are maintained in a clean and orderly manner so as not to become a nuisance to the subdivision. Livestock may be substituted for horses on a one for one basis. This commonly means all domestic animals including those used and raised on a farm. Even domestic fowls have been held to be animals.”)

“House pets are permitted… specifically dogs, cats, and house pets only. Thus, by inference, excluding all animals except those specifically provided for in the covenants. Chickens, ducks, etc. do not count as house pets. If allowed, substitution under Section 8(c) would only permit three of the above.

Electric fences may be used only from April 1st through October 31st of each year on the condition that a holding corral is provided to prevent overgrazing.

Kennels and all other accessory buildings require approval by the architectural control committee. Requests should be submitted in writing. Anyone housing more than three dogs and cats on his/her premises is required to have a kennel license.

Dog ordinances as determined by Larimer County will be enforced in the subdivision. All dogs shall be under owner’s control and owners shall clean up any mess left by their dog(s). Disturbances shall be turned over to the Larimer County Animal Control Department. An offending party should make primary contact with the animal’s owner before lodging a formal complaint.

Roads

A road committee will be retained in order to keep track of areas that need improvement. It is estimated the roads will have to be sealed approximately every four years.

Each homeowner is responsible for removing goathead weeds (also called Mexican sand burrs or stone burrs) along his/her road shoulders as sterilant weed spray is not always effective on this late summer weed. Each homeowner is responsible for expenses incurred if he/she opts to spray again after the initial road shoulder spraying by the association.

Snow may be plowed after eight inches accumulation and at the president’s discretion.

BHTA [edit – BTEHOA] will keep brush cut down and culverts clear at Dry Creek crossing on 23E. Record of this shall be entered into annual meeting minutes. Failing to keep culverts clear will result in County not replacing damaged crossing structures.

Dues and Fees

Association dues are a legal obligation to the Association and as such may be filed as a lien upon the property of any owners failing to pay the dues owed.

Interest rate on property liens will be 18% as of October 1, 1992, compounding annually, on any new liens. The Association has the right to borrow money from members of the Association for the amount of the lien. When the lien is paid the principal and all interest will be passed through to the homeowner(s) who gave the Association the loan. The homeowner that the lien is filed against will pay all filing and legal fees associated with the lien and any fees associated with a loan taken out by the Association. If a property has more than one lien, the oldest must be paid first. (Information from Bill Kaufman Attorney at Law, May, 1993; Interest rates on liens must stay at the original rate - Colorado Law, Common Interest Ownership Act. An individual may, however, purchase a lien and collect on it. An 18% interest is legal and the Association can file a new lien each year.) Only officers will have information regarding liens filed against homeowner(s) and will notify said homeowner(s). This homeowner(s) shall not be identified at general meetings.

Dues are to be paid on or before June 1st of each year. Interest rate for late dues shall be prime rate plus 6% and shall begin on June 2nd of the same year with property liens being filed on July 1st of the same year.

Books are to be reviewed annually by two former treasurers of the Association. Every six years there is to be an independent review of the corporation books.

Architectural Control Committee

Officers of the BTHA [edit – BTEHOA] are also the members of the ACC (Architectural Control Committee). The Committee is to follow the Association covenant guidelines. All changes and additions to any building which affects it’s outside appearance must be submitted to the ACC for approval. The information required are drawings (including the position on the lot and the distance to lot boundaries) along with proposed exterior materials. The same information is needed for any new construction. Fences are included in this regulation. The Committee shall seek input from adjoining and immediate homeowners. Controversial requests constitute a need for a general homeowner’s meeting. Any opposition presents grounds for a meeting.

Roofing. Wood shakes, tiles and copper continue to be approved roofing materials. Acceptable “decorative” roofing materials are 1) Architectural heavy, dimensional composition shingles the thickness of which should be no less than 3/8” at the greatest difference between courses, 2) Shake look-a-likes… these may be made of fiberglass, steel, concrete, or composite material; 3) Standing rib metal roofing… color should be compatible with housing styling and neighborhood. non-acceptable roofing materials are standard 3-tab composition shingles, T-lock composition shingles, wood shingles, corrugated galvanized metal roofing and rolled roofing. There may be other unacceptable roofing materials not listed. The building industry undergoes continual changes and upgrades. The insurance industry also has an impact on a homeowner’s choice, therefore, these are guidelines only. If a homeowner wishes to use a material not listed here, they are encouraged to submit their request in writing to the ACC.

Miscellaneous

Offices in homes are acceptable as long as they are not outwardly visible, i.e., signs, large amounts of traffic, walk-in trade, etc.

A Grievance Committee shall consist of the officers of the BTHA [edit – BTEHOA]. Homeowners are encouraged to talk to their neighbors before bringing issues to the Grievance Committee.

Until further notice, Judy and Ron Kerschner will continue to keep a key for the security box, maintain legal records, and keep payment to the State for Certificates of Incorporation current. (Security box contains Certificate of Incorporation for the BTHA [edit – BTEHOA] and BTWA [edit – BTEWA], deed or outlot “B”, and stock certificate for South Side Ditch Company.)

An annual clean up day shall be determined at each annual BTHA [edit – BTEHOA] meeting. A representative from each member household shall, if practicable, contribute within his/her abilities.

These Working Guidelines [edit – Restrictions] shall be updated annually as necessary.

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Working GuidelinesAugust 2004