ARTICLE 10 --- DEFINITIONS AND MISCELLANEOUS
Section 10.1. Definitions. Unless otherwise expressly provided in this Declaration, the following words and phrases, whenever used in this Declaration, shall have the meanings specified in this section 10.1.
10.1.1. Assessment. "Assessment" shall mean a "Common Assessment," pursuant to Section 8.3 or a Special Assessment pursuant to Article 8.8.
10.1.2. Association. "Association" shall mean Turkey Ridge Ranch Property Owners Association, Inc., A Colorado non-profit corporation, its successors and assigns.
10.1.3. Association Documents. "Association Documents" shall mean the various operative documents of the Association, including: (a) the Articles of Incorporation of the Association; (b) the Bylaws of the Association; and (c) this Declaration, and all amendments to this Declaration.
10.1.4. Board of Directors. "Board of Directors" or "Board" shall mean the Board of Directors of the Association.
10.1.5. Improvement(s). "Improvement(s)" shall mean those dwelling units and other facilities as defined in Section 2.2.
10.1.6. Property. "Property" shall mean the real property described in Exhibit A, together with any and all improvements now or hereafter on such real property and appurtenances and rights to such real property.
10.1.7. Declarant. "Declarant" shall mean Read Creek Ranch of Colorado, Inc., A Colorado corporation, it's successors and assigns as declarant under these covenants.
10.1.8. Declaration. "Declaration" shall mean this Declaration of Covenants.
10.1.9. Lot. "Lot" shall mean a parcel of land subject to this Declaration which is identified as a Lot in a subsequent plat recorded against the Property.
10.1.10. Member. "Member" shall mean a member of the Association, who must also be an Owner. Membership in the Association shall be appurtenant to, and may not be severed from, ownership of a Lot.
10.1.11. Owner. "Owner" shall mean the record title holder, including Declarant, whether one or more Persons, of fee simple title to a Lot, including sellers under executory contracts of sale and excluding buyers thereunder.
10.1.12. Person. "Person" shall mean any natural person, a corporation, a partnership or any other public or private entity recognized as being capable of owning real property under Colorado law.
10.1.13. Rules and Regulations. "Rules and Regulations" shall mean the rules and regulations adopted by the Board of Directors concerning the operation of the Association.
Section 10.2. Term of Declaration. Unless amended as herein provided, all provisions, covenants, conditions, restrictions and equitable servitudes contained in this Declaration shall be effective for twenty years after the date when this Declaration was originally recorded, and, thereafter, shall be automatically extended for successive periods of ten years each unless terminated by agreement of the Owners with at least two-thirds of the voting power of the Association, in the manner provided in section 218 of the Colorado, and Interest Ownership Act, Section 38 – 33.3 – 218, Colorado Revised Statutes.
Section 10.3. Amendment of Declaration by Declarant. Until the first Lot subject to this Declaration has been conveyed by Declarant by recorded deed, and thereafter until the Transfer of Control Date, any of the provisions, covenants, conditions, restrictions and equitable servitudes contained in this Declaration may be amended or terminated by Declarant by that recordation of a written instrument, executed by Declarant, setting forth such amendment or termination. If any error or omission is made in this Declaration, any such error or omission may be corrected by a written amendment to this Declaration signed by Declarant at any time Declarant owns one or more Lots in the Property.
Section 10.4. Amendment of Declaration by Members. Except as otherwise provided in this Declaration, and subject to provisions elsewhere contained in this Declaration requiring the consent of Declarant or others, any provision, covenant, condition, restriction or equitable servitudes contained in this Declaration may be amended or repealed at any time after the Transfer of Control Date and from time to time thereafter upon approval of the amendment or repeal by Members with at least seventy-five percent of the voting power of the Association. For purposes of this section 10.4, Members shall be entitled to vote.
Section 10.5. Required Consent of Declarant to Amendment. Notwithstanding any other provision in this Declaration to the contrary, any proposed amendment nor repeal of any provision of this Declaration shall not be effective unless Declarant has given its written consent to such amendment or repeal, which consent may be evidenced by the execution by Declarant of any certificate of amendment or repeal. The foregoing requirement for consent of Declarant to any amendment or repeal shall terminate at such time as the last Lot in the Property has been conveyed by Declarant to an Owner other than Declarant.
Section 10.6. Priority of First Mortgage Over Assessments. Each lender who recorded its mortgage or deed of trust before Assessments have become delinquent and who obtains title to the Lot encumbered by the First Mortgage, whether pursuant to the remedies provided in the mortgage, by judicial foreclosure, or by deed or assignment in lieu of foreclosure, shall take title to the Lot free and clear of any claims for unpaid Assessments or charges against such Lot which accrued prior to the time such First Mortgagee acquires title.
Section 10.7. Remedies Cumulative. Each remedy provided under the Association Documents is cumulative and not exclusive.
Section 10.8. Cost and Attorneys' Fees. In any action or proceeding under the Association Documents, the party which seeks to enforce the Association Documents and prevails, shall be entitled to recover its costs and expenses in connection there with, including reasonable attorneys' fee and expert witness fees.
Section 10.9. Limitation on Liability. The Association, the Board of Directors, Declarant, and any member, agent or employee of any of the same shall not be liable to any Person for any action or for any failure to act if the action or failure to act was in good faith and without malice, and shall be indemnified by the Association to the fullest extent permissible by the laws of Colorado, including without limitation, circumstances in which indemnification is otherwise discretionary under Colorado law, in accordance with and subject to the terms and limitations contained in the Bylaws.
Section 10.10. Governing Law. The Association Documents shall be construed and governed under the laws of the State of Colorado.
Section 10.11. Severability. Each of the provisions of the Association documents shall be deemed independent and severable, and the invalidity or unenforceability or partial invalidity or partial enforceability of any provision or portion thereof shall not affect the validity or enforceability of any other provision.
Section 10.12. Number and Gender. Unless the context requires a contrary construction, as used in the Association documents, the singular shall include the plural and the plural the singular, and the use of any gender shall include all genders.
Section 10.13. Captions for Content. The titles, headings and captions used in the Association Documents are intended solely for convenience of reference and are not intended to affect the meaning of any provisions of this Declaration.
Section 10.14. Mergers or Consolidation. The Association may merge with another Incorporated Association to the extent permitted by law. Upon a merger or consolidation of the Association with another Association, its properties and rights and obligations may, by operation of law, be transferred to another surviving or consolidated Association or, alternatively, the properties, rights and obligations of another Association may, by operation of law, be added to the properties, rights and obligations of the Association as a surviving corporation pursuant to a merger. The surviving or consolidated Association may administer and enforce the covenants, conditions and restrictions established by this Declaration governing the Property together with the covenants and restrictions established upon any other property, as one plan.
Section 10.15. Conflicts in Documents. In case of any conflict between this Declaration and the Original Declaration, the Articles of Incorporation or the Bylaws of the Association, this Declaration shall control. If there is a conflict between the Articles of Incorporation and the Bylaws of the Association, the Articles of Incorporation shall control. This Declaration restates amends and supersedes in its entirety that Original Declaration.
IN WITNESS WHEREOF, Declarant has executed this Declaration the day and year first above written.
RED CREEK BRANCH OF COLORADO, INC., a Colorado corporation
By: Joseph O' Brien, Vice President
. STATE OF COLORADO ss. (COUNTY OF PUEBLO)
The foregoing instrument was acknowledged before me this 30th day of July 2002. by Joseph O' Brien, as Vice President. of Red Creek Ranch of Colorado, Inc.
Witness my hand and official seal.
My commission expires: 01/09/06
(Richard L. Clark)
Notary Public
10.1.1. Assessment. "Assessment" shall mean a "Common Assessment," pursuant to Section 8.3 or a Special Assessment pursuant to Article 8.8.
10.1.2. Association. "Association" shall mean Turkey Ridge Ranch Property Owners Association, Inc., A Colorado non-profit corporation, its successors and assigns.
10.1.3. Association Documents. "Association Documents" shall mean the various operative documents of the Association, including: (a) the Articles of Incorporation of the Association; (b) the Bylaws of the Association; and (c) this Declaration, and all amendments to this Declaration.
10.1.4. Board of Directors. "Board of Directors" or "Board" shall mean the Board of Directors of the Association.
10.1.5. Improvement(s). "Improvement(s)" shall mean those dwelling units and other facilities as defined in Section 2.2.
10.1.6. Property. "Property" shall mean the real property described in Exhibit A, together with any and all improvements now or hereafter on such real property and appurtenances and rights to such real property.
10.1.7. Declarant. "Declarant" shall mean Read Creek Ranch of Colorado, Inc., A Colorado corporation, it's successors and assigns as declarant under these covenants.
10.1.8. Declaration. "Declaration" shall mean this Declaration of Covenants.
10.1.9. Lot. "Lot" shall mean a parcel of land subject to this Declaration which is identified as a Lot in a subsequent plat recorded against the Property.
10.1.10. Member. "Member" shall mean a member of the Association, who must also be an Owner. Membership in the Association shall be appurtenant to, and may not be severed from, ownership of a Lot.
10.1.11. Owner. "Owner" shall mean the record title holder, including Declarant, whether one or more Persons, of fee simple title to a Lot, including sellers under executory contracts of sale and excluding buyers thereunder.
10.1.12. Person. "Person" shall mean any natural person, a corporation, a partnership or any other public or private entity recognized as being capable of owning real property under Colorado law.
10.1.13. Rules and Regulations. "Rules and Regulations" shall mean the rules and regulations adopted by the Board of Directors concerning the operation of the Association.
Section 10.2. Term of Declaration. Unless amended as herein provided, all provisions, covenants, conditions, restrictions and equitable servitudes contained in this Declaration shall be effective for twenty years after the date when this Declaration was originally recorded, and, thereafter, shall be automatically extended for successive periods of ten years each unless terminated by agreement of the Owners with at least two-thirds of the voting power of the Association, in the manner provided in section 218 of the Colorado, and Interest Ownership Act, Section 38 – 33.3 – 218, Colorado Revised Statutes.
Section 10.3. Amendment of Declaration by Declarant. Until the first Lot subject to this Declaration has been conveyed by Declarant by recorded deed, and thereafter until the Transfer of Control Date, any of the provisions, covenants, conditions, restrictions and equitable servitudes contained in this Declaration may be amended or terminated by Declarant by that recordation of a written instrument, executed by Declarant, setting forth such amendment or termination. If any error or omission is made in this Declaration, any such error or omission may be corrected by a written amendment to this Declaration signed by Declarant at any time Declarant owns one or more Lots in the Property.
Section 10.4. Amendment of Declaration by Members. Except as otherwise provided in this Declaration, and subject to provisions elsewhere contained in this Declaration requiring the consent of Declarant or others, any provision, covenant, condition, restriction or equitable servitudes contained in this Declaration may be amended or repealed at any time after the Transfer of Control Date and from time to time thereafter upon approval of the amendment or repeal by Members with at least seventy-five percent of the voting power of the Association. For purposes of this section 10.4, Members shall be entitled to vote.
Section 10.5. Required Consent of Declarant to Amendment. Notwithstanding any other provision in this Declaration to the contrary, any proposed amendment nor repeal of any provision of this Declaration shall not be effective unless Declarant has given its written consent to such amendment or repeal, which consent may be evidenced by the execution by Declarant of any certificate of amendment or repeal. The foregoing requirement for consent of Declarant to any amendment or repeal shall terminate at such time as the last Lot in the Property has been conveyed by Declarant to an Owner other than Declarant.
Section 10.6. Priority of First Mortgage Over Assessments. Each lender who recorded its mortgage or deed of trust before Assessments have become delinquent and who obtains title to the Lot encumbered by the First Mortgage, whether pursuant to the remedies provided in the mortgage, by judicial foreclosure, or by deed or assignment in lieu of foreclosure, shall take title to the Lot free and clear of any claims for unpaid Assessments or charges against such Lot which accrued prior to the time such First Mortgagee acquires title.
Section 10.7. Remedies Cumulative. Each remedy provided under the Association Documents is cumulative and not exclusive.
Section 10.8. Cost and Attorneys' Fees. In any action or proceeding under the Association Documents, the party which seeks to enforce the Association Documents and prevails, shall be entitled to recover its costs and expenses in connection there with, including reasonable attorneys' fee and expert witness fees.
Section 10.9. Limitation on Liability. The Association, the Board of Directors, Declarant, and any member, agent or employee of any of the same shall not be liable to any Person for any action or for any failure to act if the action or failure to act was in good faith and without malice, and shall be indemnified by the Association to the fullest extent permissible by the laws of Colorado, including without limitation, circumstances in which indemnification is otherwise discretionary under Colorado law, in accordance with and subject to the terms and limitations contained in the Bylaws.
Section 10.10. Governing Law. The Association Documents shall be construed and governed under the laws of the State of Colorado.
Section 10.11. Severability. Each of the provisions of the Association documents shall be deemed independent and severable, and the invalidity or unenforceability or partial invalidity or partial enforceability of any provision or portion thereof shall not affect the validity or enforceability of any other provision.
Section 10.12. Number and Gender. Unless the context requires a contrary construction, as used in the Association documents, the singular shall include the plural and the plural the singular, and the use of any gender shall include all genders.
Section 10.13. Captions for Content. The titles, headings and captions used in the Association Documents are intended solely for convenience of reference and are not intended to affect the meaning of any provisions of this Declaration.
Section 10.14. Mergers or Consolidation. The Association may merge with another Incorporated Association to the extent permitted by law. Upon a merger or consolidation of the Association with another Association, its properties and rights and obligations may, by operation of law, be transferred to another surviving or consolidated Association or, alternatively, the properties, rights and obligations of another Association may, by operation of law, be added to the properties, rights and obligations of the Association as a surviving corporation pursuant to a merger. The surviving or consolidated Association may administer and enforce the covenants, conditions and restrictions established by this Declaration governing the Property together with the covenants and restrictions established upon any other property, as one plan.
Section 10.15. Conflicts in Documents. In case of any conflict between this Declaration and the Original Declaration, the Articles of Incorporation or the Bylaws of the Association, this Declaration shall control. If there is a conflict between the Articles of Incorporation and the Bylaws of the Association, the Articles of Incorporation shall control. This Declaration restates amends and supersedes in its entirety that Original Declaration.
IN WITNESS WHEREOF, Declarant has executed this Declaration the day and year first above written.
RED CREEK BRANCH OF COLORADO, INC., a Colorado corporation
By: Joseph O' Brien, Vice President
. STATE OF COLORADO ss. (COUNTY OF PUEBLO)
The foregoing instrument was acknowledged before me this 30th day of July 2002. by Joseph O' Brien, as Vice President. of Red Creek Ranch of Colorado, Inc.
Witness my hand and official seal.
My commission expires: 01/09/06
(Richard L. Clark)
Notary Public
