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SUBASSOCIATION DECLARATION
for the
WEATHERSTONE AT HIGHLANDS RANCH ASSOCIATION, INC.
of the
HIGHLANDS RANCH COMMUNITY ASSOCIATION


Highlands Ranch Community Association Delegate District No. 88


TABLE OF CONTENTS

 ARTICLE 1. GENERAL

ARTICLE 2. DEFINITIONS

ARTICLE 3. VARIOUS RIGHTS AND EASEMENTS

ARTICLE 4. WEATHERSTONE AT HIGHLANDS RANCH ASSOCIATION

ARTICLE 5. ASSESSMENTS, BUDGETS AND FUNDS

ARTICLE 6. DUTIES AND POWERS OF THE WEATHERSTONE AT HIGHLANDS RANCH ASSOCIATION

ARTICLE 7. ANNEXATION OF PROPERTY AND SPECIAL DECLARANT RIGHTS

ARTICLE 8. SPECIAL PROVISIONS REGARDING POSSIBLE GOLF COURSE

ARTICLE 9. MISCELLANEOUS PROVISIONS


TABLE OF EXHIBITS


Exhibit A - Legal Description of Initial Property

Exhibit B - Legal Description of Weatherstone at Highlands Ranch Annexable Area

Exhibit C - Legal Description of Certain Landscape Areas

Exhibit D - Articles of Incorporation of Weatherstone at Highlands Ranch Association

Exhibit E - Bylaws of Weatherstone at Highlands Ranch Association

Exhibit F - Easements, Licenses and Other Matters of Record


SUPPORTING INFORMATION


Document Actions

Legal Terminology


 

This Subassociation Declaration is made this 21st day of July, 1997, by Mission Viejo Company, a California corporation ("Declarant"), and is consented to by Virden Homes, Inc., a Colorado corporation ("Virden"), as is more particularly hereinafter provided.


 ARTICLE 1. GENERAL (TOP)


Section 1.1. Purposes. This Subassociation Declaration is executed pursuant to and in furtherance of a common and general plan:

  • (a) to protect and enhance the quality, value, desirability and attractiveness of all property which may become subject to this Subassociation Declaration;
  • (b) to provide for an association, as a vehicle to hold title to and maintain the Common Elements, as hereinafter described, and to maintain certain other property, as hereinafter described, for the benefit of owners of property which may become subject to this Subassociation Declaration.
  • (c) to define duties, powers and rights of the Weatherstone at Highlands Ranch Association; and
  • (d) to define certain duties, powers and rights of owners of property which may become subject to chis Subassociation Declaration with respect to the Weatherstone at Highlands Ranch Association and with respect to the functions undertaken by the Weatherstone at Highlands Ranch Association.


Section 1.2. Restriction in Initial Property Deed. Declarant previously conveyed the "Initial Property," as hereinafter defined, to Virden pursuant to that certain Special Warranty Deed dated May 9, 1997 and Recorded May 12, 1997 in Book 1430 at Page 1588 of the records in the office of the Clerk and Recorder of Douglas County, Colorado (the "Initial Property Deed"). Pursuant to Section 1.44 of the Initial Property Deed, Declarant and Virden agreed that the Initial Property would be subjected to this Subassociation Declaration and that Virden, among other things, would execute this Subassociation Declaration to do so. Declarant and Virden further agreed, in said Section 1.44, that the obligation of Virden to so subject the Initial Property to this Subassociation Declaration was binding upon any party who acquires any right, title or interest in the Initial Property, and that the consent of any such party would not be required in order to subject such party's right, title or interest in the Initial Property to this Subassociation Declaration.


Virden subsequently conveyed certain portions of the Initial Property to "Lawrence" and "Martilla," as those terms are hereinafter defined. Virden executes this Subassociation Declaration pursuant to, and in furtherance of its obligations contained in Section 1.44 of the Initial Property Deed to subject the Initial Property to this Subassociation Declaration, and to make this Subassociation Declaration binding upon each party now or hereafter having any right, title or interest in and to the Initial Property or any portion thereof, including, without limitation, the "Initial Property Owners," as hereinafter defined, as is more particularly hereinafter provided.


Section 1.3. Declaration. Declarant, for itself, its successors and assigns, hereby declares that the "Initial Property," as hereinafter defined, and all other property which may hereafter be made subject to this Subassociation Declaration, in the manner hereinafter provided, which Initial Property constitutes, and which other property shall thereby constitute, Annexed Property for the purposes of this Subassociation Declaration, and each part of such property, shall, from and after the date hereof, with respect to the Initial Property, and from and after the date the same becomes subject to this Subassociation Declaration, with respect to all such other property, be owned held, transferred, conveyed, sold, leased, rented, hypothecated, encumbered, used, occupied, maintained, altered and improved subject to the covenants, conditions, restrictions, easements, limitations, reservations, exceptions, equitable servitudes and other provisions set forth in this Subassociation Declaration for the duration thereof, all of which shall run with the title to such property and be binding upon all parties having any right, title or interest in said property or any part thereof and upon their heirs, personal representatives, successors and assigns and shall inure to the benefit of each party having any such right, title or interest in said property or any part thereof. As is more particularly hereinafter provided, Virden, insofar as this Subassociation Declaration affects the Initial Property, consents to and joins in this Subassociation Declaration.


Section 1.4. The Relationship to Highlands Ranch Community Association. The Annexed Property described in this Subassociation Declaration also has been or will be annexed to the Community Association Area under the Community Declaration for Highlands Ranch Community Association and it is expected that the Weatherstone at Highlands Ranch Association Area under this Subassociation Declaration will also become part of the Community Association Area under The Community Declaration for Highlands Ranch.


Section 1.5. Creation of Common Interest Community Under the Act. The Weatherstone at Highlands Ranch Association Area shall constitute a common interest community under the ACE, as hereinafter defined, and as such may be created pursuant to the Act only by Recording this Subassociation Declaration executed in the same manner as a deed, in Douglas County, Colorado, the county in which the entirety of the common interest community is located. The name of the common interest community is "Weatherstone at Highlands Ranch." Weatherstone at Highlands Ranch is a "planned community" under the Act. The Douglas County Clerk and Recorder is directed to index this Subassociation Declaration in the Grantee's Index in the name of Weatherstone at Highlands Ranch and in the name of Weatherstone at Highlands Ranch Association, and in the Grantor's Index in the name of Declarant. Further, this Common Interest Community shall not have been created until the· "CCIOA Plat," as hereinafter defined, is Recorded, as provided in the Act.


 ARTICLE 2. DEFINITIONS (TOP)


Section 2.1. General. Except as the context otherwise requires and unless otherwise expressly provided herein, the capitalized terms in this Subassociation Declaration shall have the same meaning as any similarly capitalized terms defined in the Community Declaration. The following words and phrases when used in this Subassociation Declaration shall have the meaning hereinafter specified.


Section 2.2. Act. "Act" shall mean the Colorado Common Interest Ownership Act, C.R.S. § 38-33.3-101,as the same has been, and may hereafter be, amended and/or replaced from time to time.


Section 2.3. Annexed Property. "Annexed Property" shall mean as of any particular time, those portions of the Weatherstone at Highlands Ranch Annexable Area, as hereinafter defined, which, pursuant to the provisions hereinafter set forth, have theretofore been annexed to this Subassociation Declaration. As of the time of recording this Subassociation Declaration, the only portion of the Weatherstone at Highlands Ranch Annexable Area which has been so annexed and therefore which constitutes Annexed Property, is the Initial Property.


Section 2.4. Annexing Instrument. "Annexing Instrument" shall mean, for each particular portion of the Weatherstone at Highlands Ranch Annexable Area other than the Initial Property, either

  • (a) The first deed, executed by the Owner of such portion, which shall be Recorded after the Recordation of this Subassociation Declaration by which title to such portion of the Weatherstone at Highlands Ranch Annexable Area shall be conveyed by such Owner to another parry, or
  • (b) Another instrument, including, without limitation, an instrument entitled "Supplemental Declaration:" executed by the Owner of such portion, and if such Owner is other than Declarant, containing the executed and acknowledged written consent of Declarant to such instrument, referring to this Subassociation Declaration and stating that such instrument shall constitute an Annexing Instrument for such portion of the Weatherstone at Highlands Ranch Annexable Area for the purposes of this Subassociation Declaration; provided, however, that the term" Annexing Instrument" shall, without limitation, not include either 
    • (i) any deed from the Owner of such portion of the Weatherstone at Highlands Ranch Annexable Area Property to another party if such deed shall expressly refer to this Subassociation Declaration and state that such deed shall not constitute an Annexing Instrument for the purposes hereof and, if such Owner is other than Declarant, shall contain the executed and acknowledged written consent of Declarant that such deed shall not constitute an Annexing Instrument for the purposes hereof, or
    • (ii) any deed, subdivision plat dedication or other conveyance instrument conveying title to any portion of the Weatherstone at Highlands Ranch Annexable Area by Declarant to any governmental or quasi-governmental entity, including, but not limited to, Douglas County, Colorado, the State of Colorado. or any subdivision thereof, or any Highlands Ranch Metropolitan District, unless such deed, subdivision plat, subdivision plat dedication or other conveyance instrument shall expressly refer to this Subassociation Declaration and state that such deed, subdivision plat dedication or other conveyance instrument shall constitute an Annexing Instrument for the purposes hereof.


Section 2.5. Assessment. "Assessment" shall mean a Common Assessment, a Special Assessment or a Reimbursement Assessment, as those terms are hereinafter defined, or any other assessment or fee levied by the Weatherstone at Highlands Ranch Association in accordance with this Subassociation Declaration.


Section 2.6. Association Fences. "Association Fences" shall mean the fences which will be located on the Landscape Areas along certain streets adjacent to the Weatherstone at Highlands Ranch Association Area. The precise locations of the Association Fences on such Landscape Areas shall be as determined and installed by Declarant.


Section 2.7. Board of Directors. "Board of Directors" shall mean the Board of Directors of the Weatherstone at Highlands Ranch Association. The Board of Directors is an "executive board" as defined in the Act.


Section 2.8. CCIOA Plat. "CCIOA Plat" shall mean, collectively, the Weatherstone at Highlands Ranch CCIOA Plat executed by Declarant pursuant to the Act with respect to the Weatherstone at Highlands Ranch Annexable Area, to be recorded in the office of the Clerk and Recorder of Douglas County, Colorado, as the same may be amended or newly certified from time to time pursuant to the Act. The CCIOA Plat constitutes a "plat" pursuant to the Act.


 Section 2.9. Common Elements.  "Common Elements" shall mean the Association Fences, the Landscape Areas and the Monument Walls, and any other easements granted to the Weatherstone at Highlands Ranch Association or established for the general benefit of or as appurtenant generally to real property within the Weatherstone at Highlands Ranch Association Area (but excluding any easement which is appurtenant exclusively to one or more particular Residential Sites), including, but not limited to, easements for installation, maintenance and operation of the Association Fences or other purposes for the general benefit of the Weatherstone at Highlands Ranch Association Area, and shall also mean any other real or personal property, including Improvements thereon, or interests therein now or hereafter owned by the Weatherstone at Highlands Ranch Association or with respect to which the Weatherstone at Highlands Ranch Association holds an easement or right for use, care or maintenance, for the common use and enjoyment of any of its Members or for other purposes as may be permitted-by this Subassociation Declaration. The Common Elements constitute "Common Area" as defined in the Community Declaration. Notwithstanding any other provision of this Subassociation Declaration, however, if and to the extent that any particular Common Element is located within the right-of-way for any public street, in order for the same to constitute a Common Element hereunder with respect to which the Weatherstone at Highlands Ranch Association shall be required to perform its obligations as provided herein, the Weatherstone at Highlands Ranch Association shall be required to obtain or be provided with a license or other right of use with respect to such public right-of-way only if the applicable governmental authority requires that such license or other right of use be obtained before the Weatherstone at Highlands Ranch Association may perform its obligations hereunder with respect thereto.


Section 2.10. Common Household Group. "Common Household Group" shall mean one or more natural Persons, each related to the other by blood, marriage or legal adoption, or a group of not more than five (5) such Persons not all so related, together with his or their domestic servants, all of whom maintain a common household in a Dwelling Unit on a Residential Site within the Annexed Property.


Section 2.11. Community Declaration. "Community Declaration" shall mean the Community Declaration for Highlands Ranch Community Association Inc. dated September 1. 1981. Recorded September 17, 1981. in Book 421 beginning at Page 924 of the records in the office of the Clerk and Recorder of Douglas County. Colorado.


Section 2.12. Declarant. "Declarant" shall mean Mission Viejo Company and its successors and assigns as the terms "successors and assigns" are herein limited. A party shall be deemed a ­"successor or assign" of Mission Viejo Company as Declarant only if specifically designated in a written and duly recorded instrument as a successor or assign of Declarant under this Subassociation Declaration and shall be deemed a successor or assign of Declarant under this Subassociation Declaration only as to the particular rights or interests of Declarant under this Subassociation Declaration which are specifically designated in the written instrument except that a party acquiring all or substantially all of the right, title and interest of Mission Viejo Company in the Weatherstone at Highlands Ranch Annexable Area by foreclosure, judicial sale, bankruptcy proceedings or by other similar involuntary transfer, shall automatically be deemed a successor and assign of Mission Viejo Company as Declarant under this Subassociation Declaration. Notwithstanding any other provision of this Subassociation Declaration, however, neither Virden, nor any of Virden's successors with respect to all or any portion of the Initial Property, shall be the Declarant hereunder or be entitled to any of the rights of the Declarant hereunder.


Section 2.13. Dwelling Unit. "Dwelling Unit" shall mean a residential building designed for occupancy by a Common Household Group on a Residential Site, but excluding any accessory building.


Section 2.14. First Security Interest. "First Security Interest" shall mean a Security Interest, as hereinafter defined, that has priority of record over all other recorded liens except those liens made superior by statute (such as general ad valorem tax liens and special assessments) and except as otherwise provided in this Subassociation Declaration.


Section 2.15. Initial Property. "Initial Property" shall mean that certain portion of the Weatherstone at Highlands Ranch Annexable Area which is more particularly described in Exhibit A attached hereto and incorporated herein by this reference. The Initial Property includes all rights and easements, if any, appurtenant to the real property described in Exhibit A attached hereto. The use and enjoyment of any of such rights and easements by any person shall be subject to the terms and provisions of this Subassociation Declaration.


  • Virden is the current owner of that certain portion of the Initial Property described as Lots 25 and 26, Highlands Ranch Filing No. 118-I, County of Douglas, State of Colorado.
  • Robert I. Marttila and Shirley M. Marttila (collectively "Marttila") are the current owners of that certain portion of the Initial Property described as Lot 8, Highlands Ranch Filing No. 118-I, County of Douglas, State of Colorado.
  • Kenneth Lawrence and Christine M. Lawrence (collectively "Lawrence") are the current owners of that certain portion of the Initial Property described as Lot 11, Highlands Ranch Filing No. 118-I, County of Douglas, State of Colorado.


Section 2.16. Initial Property Owners. The "Initial Property Owners" shall mean, collectively, the owners of fee simple title to the Initial Property, and each portion thereof, from time to time. As of the date of this Subassociation Declaration, the Initial Property Owners consist of Virden, Marttila and Lawrence,


Section 2.17. Landscape Areas, "Landscape Areas" shall mean those portions of the Weatherstone at Highlands Ranch Association Area and those portions of the right-of-way for any public street near or adjacent to the Weatherstone at Highlands Ranch Association Area, which either

  • (a) are more particularly described on Exhibit C attached hereto and incorporated herein by this reference, or
  • (b) may be described as Landscape Areas either in an Annexing Instrument annexing additional property to the Weatherstone at Highlands Ranch Association Area, in the applicable CCIOA Plat, or in another written Recorded instrument executed or consented to by Declarant; provided, however, that in any case where Declarant is at the time a particular Landscape Area is so designated, not the owner of such Landscape Area (or, if the applicable interest in such Landscape Area consists of easement rights therein as opposed to fee simple title thereto, Declarant is not the holder of such easement rights), the recorded instrument in which such Landscape Area is designated, in order to be effective, shall also be required to be executed or consented to by the owner(s) of such Landscape Area (or the holder of such easement rights, as the case may be); provided further however, that if any portion of a particular Landscape Area is located within the right-of-way for a public street as contemplated in Section 2.9, the owner(s) of such portion shall not be required to execute or consent to such recorded instrument in order for the same to be effective. Landscape Areas will have landscaping improvements installed thereon by Declarant and, except as otherwise permitted under Section 2.9 with respect to any portion thereof which is located within the right-of-way for any public street, fee simple title thereto, or easement rights therein, will thereafter be conveyed, or caused to be conveyed, by Declarant to and owned or held by the Weatherstone at Highlands Ranch Association. The Landscape Areas constitute Common Elements.


Section 2.18. Manager. "Manager" shall mean anyone or more Persons employed by or connected with the Community Association or the Weatherstone at Highlands Ranch Association who is engaged to perform any of the duties, powers or functions of the Weatherstone at Highlands Ranch Association.


Section 2.19. Member Membership. "Member" shall mean the Person, or if more than one, all Persons collectively, who constitute the Owner of a Residential Site here under. "Membership" shall mean the rights and obligations associated with being a Member.


Section 2.20. Monument Walls. "Monument Walls" shall mean monument walls, containing a sign identifying the Weatherstone at Highlands Ranch Association Area, and related landscaping which shall be installed by Declarant at various locations in or adjacent to the Weatherstone at Highlands Ranch Association Area. A Monument Wall may be designated in this Subassociation Declaration, in an Annexing Instrument executed and recorded as provided in this Subassociation Declaration, in the applicable CCIOA Plat, in the applicable instrument designating a Landscape Area, if a Monument Wall is or is to be located thereon, or in another written instrument executed or consented to by Declarant. The Monument Walls may be all or partly on or within a lot or Residential Site, or on or within any adjoining tract or Landscape Area, provided, however, that to the extent that any Monument Wall is located on or within a Residential Site, it shall be located on or within a Landscape Area affecting such Residential Site.


Section 2.21. Notice and Hearing. "Notice and Hearing" shall mean a written notice and a public hearing before the Board of Directors of the Weatherstone at Highlands Ranch Association or a tribunal appointed by the Board, in the manner provided in the Bylaws of the Weatherstone at Highlands Ranch Association.


Section 2.22. Period of Declarant Control. "Period of Declarant Control" shall mean the period of time commencing on the date of Recordation of this Subassociation Declaration and expiring twenty years thereafter; provided however that the Period of Declarant Control shall terminate no later than 60 days after conveyance of 75% of the Units that May Be Created to Owners other than Declarant, 2 years after the last conveyance of a Residential Site by Declarant in the ordinary course of business, or 2 years after any right to add new Residential Sites to this Subassociation Declaration was last exercised: provided, however, that, if the Period of Declarant Control has not theretofore terminated pursuant to the foregoing provisions, the Period of Declarant Control shall in any case terminate on the date upon which the last Residential Site within the Weatherstone at Highlands Ranch Association Area has been sold and conveyed by Declarant.


Section 2.23. Period of Special Declarant's Rights. "Period of Special Declarant's Rights" shall mean the period of time commencing on Recordation of this Subassociation Declaration and, expiring on the date upon which all property in the Weatherstone at Highlands Ranch Annexable Area has become part of the Weatherstone at Highlands Ranch Association Area and the last Residential Site within the Weatherstone at Highlands Ranch Association Area has been sold and conveyed by Declarant. Declarant may earlier terminate the Period of Special Declarant's Rights by written notice given by Declarant to the Weatherstone at Highlands Ranch Association.


Section 2.24. Related User. "Related User" shall mean any member of the Common Household Group of an Owner who resides with such Owner; guests and invitees of an Owner; employees of an Owner; and occupants, tenants and contract purchasers residing in a Dwelling Unit of an Owner who claim by, through or under an Owner.


Section 2.25. Residential Site. "Residential Site" shall mean each lot in the Annexed Property, as shown on the "Subdivision Plat" and the CCIOA Plat and each such lot shall constitute a Privately Owned Site as defined in the Community Declaration. Each Residential Site also constitutes a "unit" for the purposes of the Act, The boundaries of each Residential Site as a unit under the Act are as shown on the Subdivision Plat and the CCIOA Plat. The identifying number of each Residential Site as a unit under the Act is the lot number for the respective Residential Site as shown on the Subdivision Plat and the CCIOA Plat.


Section 2.26. Restrictions. "Restrictions" shall mean covenants, conditions, restrictions, easements, limitations, reservations, exceptions and equitable servitudes affecting real property.


Section 2.27. Security Interest. "Security Interest" shall mean an interest in real estate or personal property created by contract or conveyance which secures payment or performance of any obligation. The term includes a lien created by a mortgage, deed of trust, trust deed, security deed, contract for deed, land sales contract, lease intended as security, assignment of leases or rents intended as security, pledge of an ownership interest in the Weatherstone at Highlands Ranch Association, and any other consensual lien or title retention contract intended as security for an obligation.


Section 2.28. Security Interest Holder. "Security Interest Holder" shall mean any Person named as a mortgagee or beneficiary, or in a similar capacity, under any Security Interest, or any successor to the interest of any such Person under such Security Interest.


Section 2.29. Subdivision Plat. "Subdivision Plat" shall mean, collectively, all of the subdivision plats for any portion of the Weatherstone at Highlands Ranch Association Area which may be recorded from time to time as the same may be amended from time to time. The Subdivision Plat affecting a portion of the Weatherstone at Highlands Ranch Annexable Area which is recorded as of the dare of this Subassociation Declaration is entitled "Highlands Ranch - Filing No. 118-I" and was recorded March 26, 1997 under Reception No. 9715767 in the offices of the Clerk and Recorder of Douglas County, Colorado as the same may be amended from time to time.


Section 2.30. Units that May Be Created. "Units that May Be Created" means 1,850 Residential Sites, which is the approximate maximum number of Residential Sites which could be created with respect to the Weatherstone at Highlands Ranch Association Area under the zoning applicable to the Weatherstone at Highlands Ranch Association Area in effect on the date of this Subassociation Declaration and therefore is also the maximum number of Residential Sites 'that may be subject to this Subassociation Declaration if all of the Weatherstone at Highlands Ranch Annexable Area were developed at such density and were to become part of the Annexed Property. However, the aforesaid number of Units that May Be Created is not a representation or guarantee by Declarant, and Declarant shall not otherwise have any obligation, as to the actual number of Residential Sites that will ultimately be included in or constructed as part of the Annexed Property, provided that in no case may more than 1,850 Residential Sites be made a pan of the Annexed Property.


Section 2.31. Weatherstone at Highlands Ranch Annexable Area. The "Weatherstone at Highlands Ranch Annexable Area" shall mean the real property described in Exhibit B attached hereto. The Weatherstone at Highlands Ranch Annexable Area includes all rights and easements, if any, appurtenant to the real property described in Exhibit B attached hereto. The use and enjoyment of any of such rights and easements by any person shall, from and after the date upon which the portion of the Weatherstone at Highlands Ranch Annexable Area to which such rights and easements are appurtenant has been annexed to this Subassociation Declaration as hereinafter provided, be subject to the terms and provisions of this Subassociation Declaration. The Weatherstone at Highlands Ranch Annexable Area may be contracted as provided in Section 7.3 of this Subassociation Declaration.


Section 2.32. Weatherstone at Highlands Ranch Association. The "Weatherstone at Highlands Ranch Association" shall mean Weatherstone at Highlands Ranch Association, Inc., a Colorado non-profit corporation, its successors and assigns. The Weatherstone at Highlands Ranch Association is a Subassociation as defined in the Community Declaration.


Section 2.33. Weatherstone at Highlands Ranch Association Area. The "Weatherstone at Highlands Ranch Association Area" shall mean the Annexed Property. The Weatherstone at Highlands Ranch Association Area shall consist of the same Property as has been or shall be included in Delegate District No. 88 under the Community Declaration.

 

ARTICLE 3. VARIOUS RIGHTS AND EASEMENTS (TOP)


Section 3.1. Association Easements. Declarant hereby creates and reserves for the benefit of the Weatherstone at Highlands Ranch Association, its designees, successors and assigns, non­exclusive easements over and across Residential Sites as may be necessary or appropriate for the Weatherstone at Highlands Ranch Association to perform duties and functions which it is obligated or permitted to perform under this Subassociation Declaration, including, without limitation, the use, enjoyment, maintenance, repair, and replacement of any portion of Common Elements, or Improvements thereon including, but not limited to, the Association Fences, the Landscape Areas and the Monument Walls, and for access, ingress and egress necessary for such use, enjoyment, maintenance, repair and replacement.


Section 3.2. Limitation on Owners' Rights in Common Elements Easements. Except as is otherwise specifically provided in this Subassociation Declaration and except as may be authorized by the Weatherstone at Highlands Ranch Association acting through its Board of Directors, Owners and Related Users of Owners, shall have no right to use or occupy Common Elements. Additionally, the rights and easements of Owners in Common Elements created hereby are subject to actions which, may be taken by the Weatherstone at Highlands Ranch Association with respect to the Common Elements as elsewhere provided in this Subassociation Declaration, including, without limitation, pursuant to Section 6.21.


Section 3.3. Easements Deemed Appurtenant. The easements and rights herein above created shall be binding upon and inure to the benefit of the Weatherstone at Highlands Ranch Association or each Residential Site and the Owner of each such Residential Site, as the case may be, and all conveyances of and other instruments affecting title to any such Residential Site or Common Elements shall be deemed to grant and reserve the easements and rights as are provided for herein, even though no specific reference to such easements appears in any such conveyance.


 Section 3.4. Declarant Easement to Construct Improvements on Common Elements. Declarant hereby expressly creates and reserves for the benefit of itself, its designees, successors and assigns, the following easement. If Declarant, at the time any tract, easement or other property constituting a part of Common Elements is conveyed by Declarant, or caused to be conveyed by Declarant,-to the Weatherstone at Highlands Ranch Association, has not installed Improvements intended by Declarant to be installed therein or thereon, including, without limitation, any Association Fences, Monument Walls and landscaping improvements in the Landscape Areas, the Declarant, for itself, its designees, successors and assigns, excepts, reserves and shall have a non-exclusive easement in, over and across such tract, easement or other property constructing a part of Common Elements as may be necessary for the installation or construction of any such Improvements therein or thereon.


 ARTICLE 4. WEATHERSTONE AT HIGHLANDS RANCH ASSOCIATION (TOP)



Section 4.1. Weatherstone at Highlands Ranch Association. The Weatherstone at Highlands Ranch Association has been or will be formed as a Colorado corporation under the Act and the Colorado Nonprofit Corporation Act. The Weatherstone at Highlands Ranch Association shall have the duties, powers and rights set forth in this Subassociation Declaration and in the Articles of Incorporation and Bylaws of the Weatherstone at Highlands Ranch Association. Copies of the initial Articles of Incorporation and Bylaws of the Weatherstone at Highlands Ranch Association are attached hereto as Exhibit D and Exhibit E respectively and are incorporated herein by this reference.


Section 4.2. Weatherstone at Highlands Ranch Association Board of Directors. The affairs of the Weatherstone at Highlands Ranch Association shall be managed by a Board of Directors. The number, term and qualifications of the Board of Weatherstone shall be fixed in the Articles of Incorporation and Bylaws of the Weatherstone at Highlands Ranch Association. The Board of Directors may, by resolution, delegate portions of its authority to an executive committee or to other committees, to officers of the Weatherstone at Highlands Ranch Association or to agents and employees of the Weatherstone at Highlands Ranch Association but such delegation of authority shall not relieve the Board of Directors of the Weatherstone at Highlands Ranch Association of the ultimate responsibility for management Of the affairs of the Weatherstone at Highlands Ranch Association. Action by or on behalf of the Weatherstone at Highlands Ranch Association may be taken by the Board of Directors of ­the Weatherstone at Highlands Ranch Association or any duly authorized executive committee, officer, agent or employee without a vote of Members of the Weatherstone at Highlands Ranch Association, except as otherwise specifically provided in this Subassociation Declaration.


Section 4.3 Membership in the Weatherstone at Highlands Ranch Association. Each Owner of a Residential Site within the Weatherstone at Highlands Ranch Association Area shall be a Member of the Weatherstone at Highlands Ranch Association. There shall be one such Membership in the Weatherstone at Highlands Ranch Association for each Residential Site within the Weatherstone at Highlands Ranch Association Area. The Person or Persons who constitute the Owner of a Residential Site shall automatically be the holder of the Membership appurtenant to that Residential Site, and the Membership appurtenant thereto shall automatically pass with fee simple title to the Residential Site. Declarant shall hold a Membership in the Weatherstone at Highlands Ranch Association for each Residential Site owned by Declarant. Membership in the Weatherstone at Highlands Ranch Association shall not be assignable separate and apart from fee simple title to a Residential Site except that an Owner may assign some or all of his rights as an Owner and as a Member of the Weatherstone at Highlands Ranch Association to a tenant or Security Interest Holder and may arrange for a tenant to perform some or all of such Owner's obligations as provided in this Subassociation Declaration, but in so doing no Owner shall be permitted to relieve himself of the responsibility for fulfillment of the obligations of an Owner under this Subassociation Declaration.


Section 4.4. One Class of Membership; Voting Rights of Members. The Weatherstone at Highlands Ranch Association shall have one class of voting membership. Each Owner shall be entitled to one vote for each Residential Site owned, except that no votes allocated to a Residential Site owned by the Weatherstone at Highlands Ranch Association may be cast. The total number of votes which may be cast in connection with any matter shall be equal to the total number of Residential Sites then existing within the Weatherstone at Highlands Ranch Association Area. Unless otherwise addressed in this Subassociation Declaration or the Articles of Incorporation for the Weatherstone at Highlands Ranch Association, the Bylaws of the Weatherstone at Highlands Ranch Association shall provide for the manner, time, place, conduct and voting procedure(s) for Member meetings. Except as otherwise may be provided in the Bylaws of the Weatherstone at Highlands Ranch Association, during the Period of Declarant Control, the Declarant or Persons appointed by the Declarant shall have the right to appoint officers and members of the" Board of Directors of the Weatherstone at Highlands Ranch Association, and to remove all officers and members of the Board of Directors which have been appointed by the Declarant; as more particularly provided in Section 4.5.


Section 4.5. Declarant's Right to Appoint During Period of Declarant Control. From and after the date of Recordation of this Subassociation Declaration until the date which is 60 days after the date of conveyance by Declarant of 25% of the Units chat May Be Created to Owners other than Declarant, the Declarant or Persons appointed by the Declarant may appoint and remove all officers and members of the Board of Directors of the Weatherstone at Highlands Ranch Association. From and after the date which is 60 days after the date of conveyance by Declarant of 25% of the Units That May Be Created to Owners other than Declarant until the date which is 60 days after the date of conveyance by Declarant of 50% of the Units That May Be Created to Owners other than Declarant, the Owners other than Declarant shall have the right to elect a number of the members of the Board of Directors of the Weatherstone at Highlands Ranch Association equal to the greater of one or 25% (rounded to the nearest whole number) of the total number of the members of the Board of Directors, and the Declarant or Persons appointed by Declarant may appoint and remove all other members of the~ Board of Directors. From and after the date which is 60 days after the date of conveyance by Declarant of 50% of the Units That May Be Created to Owners other than Declarant until the date of termination of the Period of Declarant Control, the Owners other than Declarant shall have the right to elect a number of the members of the Board of Directors of the Weatherstone at Highlands Ranch Association equal to the greater of one or 33% (rounded to the nearest whole number) of the-total number of the members of the Board of Directors, and the Declarant or Persons appointed by the Declarant may appoint and remove all other members of the Board of Directors. From and after the date of termination of the Period of Declarant Control, the Owners, including Declarant (if Declarant is then an Owner), shall elect a Board of Directors of the Weatherstone at Highlands Ranch Association of at least three members, at least a majority of whom must be 'Owners other than Declarant or designated representatives of Owners other than Declarant. The Declarant may voluntarily surrender any or all of the foregoing rights to appoint and remove officers and members of the Board of Directors before termination of the Period of Declarant Control; but, in that event, the Declarant may require, for the duration of the Period of Declarant Control, that specified actions of the Weatherstone at Highlands Ranch Association Board of Directors, as described in a recorded instrument executed by the Declarant, be approved by the Declarant before they become effective.


 ARTICLE 5. ASSESSMENTS, BUDGETS AND FUNDS (TOP)


Section 5.1. Maintenance Funds to be Established. The Weatherstone at Highlands Ranch Association shall establish and maintain at least the following separate Maintenance Funds:

  • (a) an Operating Fund; and
  • (b) a Reserve Fund

Each of the Maintenance Funds shall be established as one or more trust savings or trust checking accounts at any financial institution in which deposits are insured by an agency of the federal government.


Section 5.2. Establishment of Other Funds. The Weatherstone at Highlands Ranch Association may establish other funds as and when needed and nothing herein shall limit, preclude or impair the authority of the Weatherstone at Highlands Ranch Association to establish other funds for specified purposes authorized by this Subassociation Declaration. If the Weatherstone at Highlands Ranch Association establishes any additional funds, the Board of Directors of the Weatherstone at Highlands Ranch Association shall designate an appropriate title for the fund to distinguish it from the other funds maintained by the Weatherstone at Highlands Ranch Association.


Section 5.3. Deposits of Common Assessments to Maintenance Funds. Monies received by the Weatherstone at Highlands Ranch Association from Weatherstone at Highlands Ranch Association Common Assessments shall be deposited in the Maintenance Funds in accordance with the Weatherstone at Highlands Ranch Association Budget for the year.


Section 5.4. Other Deposits to Maintenance Funds. The Weatherstone at Highlands Ranch Association shall deposit monies received by the Weatherstone at Highlands Ranch Association from sources other than Common Assessments in the Maintenance Fund determined by the Board of Directors of the Weatherstone at Highlands Ranch Association to be most appropriate.


Section 5.5. Disbursements from Maintenance Funds. All amounts deposited in the Maintenance Funds shall be used solely for the common benefit of ail the Members for purposes authorized by this Subassociation Declaration. Disbursements from particular Maintenance Funds shall be limited to specified purposes as follows:

  • (a) disbursements from the Operating Fund may be made for any purposes as are necessary or, proper under this Subassociation Declaration, except those purposes for which disbursements are to be made from the Reserve Fund; and
  • (b) disbursements from the Reserve Fund shall be made solely for purposes of funding those functions which cannot be expected to recur on an annual or more frequent basis and for the purposes of repairs, replacements, and other restorative work.


Section 5.6. No Commingling of Maintenance Funds. The Weatherstone at Highlands Ranch Association shall not commingle any amounts deposited in anyone Maintenance Fund or other fund with amounts deposited in any other Maintenance Fund or other fund.


Section 5.7. Authority for Disbursements. The Board of Directors of the Weatherstone at Highlands Ranch Association shall have the authority to make or to authorize an agent to make disbursements of any monies in the Maintenance Funds.


Section 5.8. Common Assessments. For each Fiscal Year, as hereinafter defined, the Weatherstone at Highlands Ranch Association shall levy Common Assessments against Owners of the Residential Sites. Each Owner shall be obligated to pay the Common Assessments levied against, and allocated to, such Owner and the Residential Site of such Owner as hereinafter more particularly set for.


Section 5.9. Apportionment of Common Assessments. Assessment Units. For purposes of Common Assessments each Residential Site shall constitute one (1) Assessment Unit regardless of the size, value, location or use of such Residential Site. The amount of the Common Assessments for any Fiscal Year, payable by an Owner for the Residential Site of such Owner, shall be computed by multiplying the total amount to be raised by Common Assessments for that Fiscal Year, as shown in the Weatherstone at Highlands Ranch Association budget for that Fiscal Year, by a percentage (rounded to the nearest one-tenth of one percent (0.1%), derived from a fraction, the numerator of which is one (1) and the denominator of which is the total number of Residential Sites (i.e., Assessment Units) in the Weatherstone at Highlands Ranch Association Area as of the first day of that Fiscal Year.


Section 5. 10. Initial Common Assessments. Until the effective date of the first Budget ratified by the Owners with a different amount for the Common Assessments, as provided below, the Common Assessments shall be three hundred dollars ($300.00) per Residential Site per year.


Section 5.11. Annual Budgets. The Board of Directors of the Weatherstone at Highlands Ranch Association shall cause to be prepared, at least sixty (60) days prior to the commencement of each fiscal year of the Weatherstone at Highlands Ranch Association ("Fiscal Year"), a budget (the "Budget") for such Fiscal Year. The Fiscal Year of the Weatherstone at Highlands Ranch Association shall begin on January 1 and end the succeeding December 31· except that the first Fiscal Year shall begin on the date of incorporation of the Weatherstone at Highlands Ranch Association. The Fiscal Year may, however, be changed from time to time by the Board of Directors without the approval of Members and without amending this Subassociation Declaration or the Bylaws of the Weatherstone at Highlands Ranch Association. The Budget shall show, in reasonable detail, the categories of expenses and shall reflect any expected income of the Weatherstone at Highlands Ranch Association for the coming Fiscal Year and any expected surplus from the prior Fiscal Year. The Budget may include an ­amount for contingencies and amounts deemed necessary or desirable for deposits to create, replenish or add to a fund for major capital repairs, replacements and Improvements ("Reserve Fund"). Within thirty (30) days afire adoption of all proposed Budget, the Board of Directors of the Weatherstone at Highlands Ranch Association shall mail by ordinary first class mail, or otherwise deliver the Budget to all the Owners and shall set a date for a meeting of the Owners to consider ratification of the Budget, which date shall be not less than fourteen (14) days nor more than sixty (60) days after mailing or other delivery of the Budget. Unless at a meeting the Owners casting at least sixty-seven percent (67%) of the Weatherstone at Highlands Ranch Association votes reject the Budget, the Budget is ratified, whether or not a quorum is present. In the event that the proposed Budget is rejected, the periodic Budget last ratified by the Owners shall be continued until such time as the Owners ratify a subsequent Budget proposed by the Board of Directors.


Section 5.12. Commencement of Common Assessments-Assessment Areas. Until the Weatherstone at Highlands Ranch Association initially levies a Common Assessment, Declarant shall pay all common expenses of the Weatherstone at Highlands Ranch Association. Common Assessments of the Weatherstone at Highlands Ranch Association shall commence as to each Residential Site within a newly annexed portion of the Weatherstone at Highlands Ranch Association Area on the first day of the first month following the date of Recordation of the Annexing Instrument conveying such Residential Site; provided, however, that, notwithstanding the foregoing, the Common Assessments shall commence as to each Residential Site within the Initial Property on the first day of the first month following the date of Recordation of this Subassociation Declaration. The Common Assessments for the then current Fiscal Year shall be prorated for such Residential Site on the basis of the number of months in such Fiscal Year remaining from the date of commencement of such Common Assessments to the end of such Fiscal Year.


Section 5.13. Payments of Assessments. Common Assessments shall be due and payable in advance to the Weatherstone at Highlands Ranch Association by the assessed Member in such manner and on such dates as the Board of Directors of the Weatherstone at Highlands Ranch Association may designate, in its sale and absolute discretion; provided, however, that in no event shall the Board of Directors of the Weatherstone at Highlands Ranch Association require payment of Common Assessments more than once each calendar month. Notice of the amount of the Common Assessments shall be given to each Member prior to the first day of each Fiscal Year.


Section 5.14. Failure to Fix Assessment. The failure by the Board of Directors of the Weatherstone at Highlands Ranch Association to levy an Assessment for any year shall not be deemed a waiver or modification with respect to any of the provisions of this Subassociation Declaration or a release of the liability of any Member to pay Assessments, or any installment thereof, for that or any subsequent year. In the event of such failure, the amount of Common Assessments for the immediately preceding period shall continue in effect until a new amount has been established as provided in this Subassociation Declaration. No abatement of Common Assessments or any other Assessment shall be claimed or allowed for inconvenience or discomfort arising from the making of repairs or Improvements to any Common Elements, from any action taken to comply with any law or any determination of the Board of Directors or for any other reason.


Section 5.15. Special Assessments for Capital Expenditures. In addition to Common Assessments, the Board of Directors may, subject to the provisions of this Section, levy Special Assessments for the purpose of raising funds, not otherwise provided under the Budget from Common Assessments, to construct or reconstruct, repair or replace Improvements upon any Common Elements, including the costs of necessary personal property related thereto or to provide for necessary facilities and equipment to offer the services authorized in this Subassociation Declaration. The Board of Directors shall not levy Special Assessments without the vote of Members of the Weatherstone at Highlands Ranch Association representing at least two-thirds (%) of the voting power residing in the Owners of Residential Sites subject to the Special Assessments (exclusive of the voting power exercisable by Declarant) and, during the Period of Declarant Control, with the consent of Declarant. Special Assessments for Improvements shall be levied solely on the basis of, and in proportion to, the Assessment Units attributable to Residential Sites of the Members. The Weatherstone at Highlands Ranch Association shall notify Members in writing of the amount of any Special Assessment and of the manner in which, and the dates on which, any such Special Assessment is payable and the Members shall pay any such Special Assessment in the manner so specified.


Section 5.16. Reimbursement Assessments. The Board of Directors of the Weatherstone at Highlands Ranch Association may, subject to the provisions hereof, levy an Assessment against any Member of the Weatherstone at Highlands Ranch Association if the willful or negligent failure of the Member or a Person claiming through the Member to comply with this Subassociation Declaration, the Articles of Incorporation, or the Bylaws of the Weatherstone at Highlands Ranch Association or rules and regulations adopted by the Weatherstone at Highlands Ranch Association shall have resulted in the expenditure of funds to cause such compliance, or as may otherwise expressly be permitted pursuant to the provisions of this Subassociation Declaration. Such Assessments shall be known as Reimbursement Assessments and shall be levied only after Notice and Hearing as defined in this Subassociation Declaration. The amount of the Reimbursement Assessments shall be due and payable to the Weatherstone at Highlands Ranch Association thirty (30) days after notice to the Member of the decision of the Board of Directors of the Weatherstone at Highlands Ranch Association that the Assessment is owing.


Section 5. 17. Late Charges and Interest. If any Assessment or any installment thereof is not paid within thirty (30) days after it is due, the Member obligated to pay the Assessment may be required to pay a reasonable late charge to be determined by the Board of Directors of the Weatherstone at Highlands Ranch Association. Any Assessment or installment of an Assessment which is not paid within thirty (30) days after the date of any Notice of Default given under Section 5.20 and prior to the Recordation of Notice of Lien under Section 5.23 hereof shall bear interest from the date such Assessment became due and payable until paid or satisfied at the highest rate then established by statute in Colorado for interest on damages for personal injury or on judgments in other actions, whichever is higher, but in no event less than eight percent (8%) per annum simple interest and not more than twenty-one percent (21%) per annum simple interest.


Section 5. 18. Surplus Funds. Any surplus funds of the Weatherstone at Highlands Ranch Association remaining after payment of or provision for common expenses and any prepayment of or provision for reserves, may, at the option of the Board of Directors, be retained by the Weatherstone at Highlands Ranch Association as reserves and need not be paid to the Members in proportion to their Common Assessment liability or credited to them to reduce their future Common Assessments.


Section 5.19. Working Capital Fund. The Weatherstone at Highlands Ranch Association or Declarant shall require the first Owner (other than Declarant) of any Residential Site who purchases that Residential Site from Declarant to make a nonrefundable contribution to the Weatherstone at Highlands Ranch Association in an amount equal to two (2) times the then-current monthly installment of the Common Assessment (regardless of whether or not Common Assessments have commenced as provided in Section 5.12). Said contribution shall be collected and transferred to the Weatherstone at Highlands Ranch Association at the time of closing of the sale by Declarant of each Residential Site and shall, until used, be maintained in a segregated account with other such working capital funds for the use and benefit of the Weatherstone at Highlands Ranch Association, including, without limitation, to meet unforeseen expenditures or to purchase equipment, property or services. Such contribution to the working capital fund shall not relieve an Owner from making regular payments of Assessments as the same become due. Upon the transfer of his Residential Site, a Member shall be entitled to a credit from his transferee (but not from the Weatherstone at Highlands Ranch Association) for the aforesaid contribution to such working capital fund.


Section 5.20. Notice of Default and Acceleration of Assessments. If any Assessment or any installment thereof is not paid within thirty (30) days after its due date, the Board of Directors of the Weatherstone at Highlands Ranch Association may mail a notice of default to the Owner and to the First Security Interest Holder of the Residential Site who has requested a copy of the notice ("Notice of Default"). The Notice of Default shall specify:

  • (a) the fact that the installment is delinquent;
  • (b) the action required to cure the default;
  • (c) a date, not less than thirty (30) days from the date the notice is mailed to the Member, by which such default must be cured; and
  • (d) that a failure to cure the default on or before the date specified in the notice may result in acceleration of the balance of the Assessment or the installments of the Assessment for the then current Fiscal Year and the filing and foreclosure of the lien for the Assessment against the Residential Site of the Member. 


If the delinquent Assessment or installment and any late charges or interest thereon are not paid in full on or before the date specified in the Notice of Default, the Board of the Weatherstone at Highlands Ranch Association at its option, may declare all of the unpaid balance of the Assessment to be immediately due and payable without further demand and may enforce the collection of the full Assessment and an charges and interest thereon in any manner authorized by law or in this Subassociation Declaration, subject to the protection afforded to Security Interest Holders under this Subassociation Declaration.


Section 5.21. Remedies to Enforce Assessments. Each Assessment levied here under shall be a separate, distinct and personal debt and obligation of the Owner or Member against whom the same is assessed. In the event of a default in payment of any Assessment or installment thereof, the Board of Directors of the Weatherstone at Highlands Ranch Association may, in addition to any other remedies provided under this Subassociation Declaration or by law, enforce such obligation on behalf of the Weatherstone at Highlands Ranch Association by suit or by filing and foreclosure of a lien as hereinafter provided.


Section 5.22. Lawsuit to Enforce Assessments. The Board of Directors of the Weatherstone at Highlands Ranch Association may bring a suit at law to enforce any Assessment obligation. Any judgment rendered in such action shall include any late charge, interest, and other costs of enforcement including reasonable attorneys I fees in the amount as the court may adjudge, against the defaulting Owner or Member.


Section 5.23. Lien to Enforce Assessments. The Weatherstone at Highlands Ranch Association has a statutory lien on a Residential Site for any Assessment or fine levied against such Residential Site or the Owner thereof. Recording of this Subassociation Declaration constitutes Record notice and perfection of the lien. However, the Board of Directors of the Weatherstone at Highlands Ranch Association may also elect to file a claim of lien against the Residential Site of the delinquent Owner or Member by Recording a notice ("Notice of Lien") setting forth

  • (a) the amount of the claim of delinquency,
  • (b) the interest and costs of collection which have accrued thereon,
  • (c) the legal description and street address of the Residential Site against which the lien is claimed and
  • (d) the name of the Record Owner thereof.

Such Notice of Lien shall be signed and acknowledged by an officer of the Weatherstone at Highlands Ranch Association or other duly authorized agent of the Weatherstone at Highlands Ranch Association. The lien shall continue until the amounts secured thereby and all subsequently accruing amounts are fully paid or otherwise satisfied. When all amounts claimed under the Notice of Lien have been fully paid or satisfied, the Weatherstone at Highlands Ranch Association shall execute and Record a notice releasing the lien upon payment by the Owner of a reasonable fee as fixed by the Board of Directors of the Weatherstone at Highlands Ranch Association to cover the cost of preparing and recording the release of the lien. Unless paid or otherwise satisfied, the lien may be foreclosed in the manner for foreclosure of mortgages in the State of Colorado.


 Section 5.24. Priority of the Weatherstone at Highlands Ranch Association Lien.

  • (a) A lien under this Article 5 is prior to all other liens and encumbrances on a Residential Site except:
    • (i) Liens and encumbrances Recorded before the Recordation of this Subassociation Declaration;
    • (ii) A First Security Interest on the Residential Site, which was recorded or perfected before the date on which the Assessment sought to be enforced became delinquent; and
    •  (iii) Liens for real estate taxes and other governmental assessments or charges against the Residential Site.
  • (b) A lien under this Section is also prior to the First Security Interests described in the preceding subsection (a)(ii) to the extent of an amount equal to the Common Assessments based on the most recent Budget adopted by the Weatherstone at Highlands Ranch Association, as provided above, which would have become due, in the absence of any acceleration, during the six (6) months immediately preceding institution by either the Weatherstone at Highlands Ranch Association or any party holding a lien senior to any part of the Weatherstone at Highlands Ranch Association lien created under this Article, of an action or non-judicial foreclosure either to enforce or extinguish the lien.
  • (c) This Section does not affect the priority of mechanics' or materialmen's liens or the priority of liens for other Assessments made by the Weatherstone at Highlands Ranch Association. A lien under this Article is not subject to the provisions of part 2 of Article 41 of Title 38, C.R.S., as amended, or to the provisions of Section 15-11-201, C.R.S. 1973, as amended.


Section 5.25. Certificate of Status of Assessments. The Weatherstone at Highlands Ranch Association shall furnish to an Owner or such Owner's designee, or to a Security Interest Holder or its ­designee, upon written request, delivered personally or by certified mail, first class, postage prepaid, return receipt, to the Weatherstone at Highlands Ranch Association's registered agent, a written statement setting forth the amount of unpaid Assessments currently levied against such Owner's Residential Site. The statement shall be furnished within fourteen (14) calendar days after receipt of the request and shall be binding on the Weatherstone at Highlands Ranch Association-, the Board of Directors of the Weatherstone at Highlands Ranch Association, and every Owner. If no statement is furnished to the Owner or Security Interest Holder or their designee, delivered personally or by certified mail, first class, postage prepaid, return receipt requested, to the inquiring party, then the Weatherstone at Highlands Ranch Association shall have no right to assert a lien upon the Residential Site for unpaid Assessments which were due as of the date of the request. The Weatherstone at Highlands Ranch Association shall have the right to charge a reasonable fee for the issuance of such certificates.


Section 5.26. No Offsets. All Assessments shall be payable in the amounts specified in the levy thereof, and no offsets or reduction thereof shall be permitted for any reason including, without limitation, any claim that the Weatherstone at Highlands Ranch Association or the Board of Directors of the Weatherstone at Highlands Ranch Association is not properly exercising its duties and powers under this Subassociation Declaration.


 ARTICLE 6. DUTIES AND POWERS OF THE WEATHERSTONE AT HIGHLANDS RANCH ASSOCIATION (TOP)


Section 6.1. General Duties and Powers of Association. The Weatherstone at Highlands Ranch Association has been formed to further the common interests of the Members of the Weatherstone at Highlands Ranch Association. The Weatherstone at Highlands Ranch Association, acting through the Board of Directors of the Weatherstone at Highlands Ranch Association or Persons to whom the Board has delegated such powers, shall have the duties and powers hereinafter set forth and, in general, the power to do anything that may be necessary or desirable to further the common interests of the Members of the Weatherstone at Highlands Ranch Association, to maintain, improve and enhance the Common Elements and to improve and enhance the attractiveness and desirability of the Weatherstone at Highlands Ranch Association Area.


Section 6.2. Duty to Accept Property and Facilities Transferred by Declarant. The Weatherstone at Highlands Ranch Association shall accept the title to any Common Elements transferred to, or caused to be transferred to, the Weatherstone at Highlands Ranch Association by Declarant, including, without limitation, the Association Fences, the Monument Walls and the Landscape Areas, including any Improvements thereon, and personal property or equipment transferred to the Weatherstone at Highlands Ranch Association by Declarant, or which Declarant has caused to be transferred to the Weatherstone at Highlands Ranch Association directly from another party, together with the responsibility to perform any and all of the functions set forth in this Subassociation Declaration in connection therewith, provided that such property and functions are not inconsistent with the terms of this Subassociation Declaration. Real property interests transferred by Declarant to the Weatherstone at Highlands Ranch Association shall consist only of fee simple title to or easements rights with respect to the Association Fences, the Monument Walls and the Landscape Areas and other Common Elements. Except as otherwise specifically approved by resolution of the Board of Directors of the Weatherstone at Highlands Ranch Association, no Common Elements transferred to the Weatherstone at Highlands Ranch Association by Declarant, or caused to be transferred by Declarant, and no personal property transferred to the Weatherstone at Highlands Ranch Association by Declarant shall impose upon the Weatherstone at Highlands Ranch Association any obligation to make monetary payments to Declarant nor any affiliate of Declarant, including, but not limited to, any purchase price, rent, charge or fee. The interest in property transferred to the Weatherstone at Highlands Ranch Association by Declarant shall not impose any unreasonable or special burden on the Weatherstone at Highlands Ranch Association other than the duties set forth hereinafter.


Section 6.3. Duty to Manage and Care for Landscaping, Association Fences and Monument Walls on Landscape Areas. Upon commencement of Assessments and following the installation of landscaping, the Association Fences, the Monument Walls or other Improvements on the Landscape Areas, the Weatherstone at Highlands Ranch Association shall manage, operate, care for, maintain, repair and replace all such landscaping, the Association Fences, the Monument Walls and any other Improvements installed on the Landscape Areas, including, without limitation, all irrigation systems therein and water meters for irrigation water therefore. The Weatherstone at Highlands Ranch Association shall keep the Landscape Areas in a safe, attractive and desirable condition so as to provide adequate slope maintenance and erosion control of the Landscape Areas and at least to a level of maintenance and quality consistent with other landscape tracts maintained by other homeowners associations at Highlands Ranch, but shall not be liable to any Owner for failure to do so. The Weatherstone at Highlands Ranch Association shall keep the Association Fences and the Monument Walls in a safe, attractive and desirable condition at least to a level of maintenance and quality consistent with other fences along arterial or collector streets and other entry monument signs maintained by other homeowners associations at Highlands Ranch, but shall not be liable to any Owner for failure to do so.


Section 6.4. Duty to Pay Taxes and Assessments. The Weatherstone at Highlands Ranch Association shall be obligated to pay all taxes and assessments, if any, levied on any property or facilities transferred to or acquired and owned by the Weatherstone at Highlands Ranch Association except taxes and assessments applicable to the period prior to transfer of such property or facilities by Declarant which shall be prorated as of the time of such transfer and paid by Declarant. The Weatherstone at Highlands Ranch Association may contest the validity or applicability of any such taxes, assessments or impositions so long as such contest does not jeopardize the title of the Weatherstone at Highlands Ranch Association to any such property or facilities.


Section 6.5. Duty to Maintain Casualty Insurance for Common Elements. The Weatherstone at Highlands Ranch Association shall obtain and keep in full force and effect at all times, to the extent reasonably obtainable, casualty, fire and extended coverage insurance with respect to the Common Elements and all insurable real property owned by the Weatherstone at Highlands Ranch Association, including coverage for vandalism and malicious mischief and, if available and if deemed appropriate, coverage for flood, earthquake and war risk. Casualty, fire and extended coverage insurance with respect to insurable property shall. to the extent reasonably obtainable. be for the full insurable value based on current replacement cost.


Section 6.6. Duty to Maintain Liability Insurance. The Weatherstone at Highlands Ranch Association shall obtain and keep in full force and effect at all times, to the extent reasonably obtainable, broad form comprehensive liability insurance covering public liability of the Weatherstone at Highlands Ranch Association for bodily injury and property damage including, if the Weatherstone at Highlands Ranch Association owns or operates motor vehicles, public liability for bodily injury and property damage arising as a result of the ownership and shall, to the extent reasonably obtainable, have limits of not less than Five Hundred Thousand Dollars ($500,000) per person and One Million Dollars ($1,000,000) per occurrence.


Section 6.7. General Provisions Respecting Insurance. Insurance obtained by the Weatherstone at Highlands Ranch Association may contain such deductible provisions as good business practice may dictate and shall comply with all applicable requirements of the Act. Insurance obtained by the Weatherstone at Highlands Ranch Association shall, to the extent reasonably possible without undue cost, cover each Member without each Member necessarily being specifically named. Insurance obtained by the Weatherstone at Highlands Ranch Association shall, to the extent reasonably possible without undue cost, contain a waiver of rights of subrogation as against the Weatherstone at Highlands Ranch Association, each Member and any Person claiming by, through or under such Member and as against any officer, director, agent or employee of any of the foregoing, and shall cover each Member without each Member necessarily being specifically named, Insurance obtained by the Weatherstone at Highlands Ranch Association shall, to the extent reasonably possible, and provided Declarant reimburses the Weatherstone at Highlands Ranch Association for any additional premium payable on account thereof, name Declarant as an additional insured and shall contain a waiver of rights of subrogation as against Declarant. Insurance policies and insurance coverage shall be reviewed at least annually by the Board of Directors of the Weatherstone at Highlands Ranch Association to ascertain whether coverage under the policies is sufficient in light of the possible or potential liabilities of the Weatherstone at Highlands Ranch Association. Casualty, fire and extended coverage insurance may be provided under blanket policies covering the insurable Improvements and property of Declarant.


Section 6.8. Fidelity Bonds Required. The Weatherstone at Highlands Ranch Association shall obtain and keep in force at all times a fidelity bond or bonds for every Person handling funds of the Weatherstone at Highlands Ranch Association including, but not limited to, employees of any Manager. Each such bond shall name the Weatherstone at Highlands Ranch Association as oblige and shall not be less than the estimated maximum of funds, including reserve funds, in the custody of the Weatherstone at Highlands Ranch Association or the Manager, as the case may be, at any given time during the term of each bond. However, in no event may the aggregate amount of such bonds be less than a sum equal to three (3) months aggregate Common Assessments plus reserve funds or such greater amount, if any, as may be required by the Act or other applicable law.


Section 6.9. Other Insurance and Bonds. The Weatherstone at Highlands Ranch Association shall obtain such other insurance as may be required by the Act or the provisions of other applicable law, including workmen's compensation insurance, and shall have the power to obtain such other insurance and such fidelity, indemnity or other bonds as the Weatherstone at Highlands Ranch Association shall deem necessary or desirable.


Section 6.10. Insurance and Bonds Required by Government Mortgage Agencies. The Weatherstone at Highlands Ranch Association shall obtain and keep in full force and effect such insurance and bonds as may be required by Government Mortgage Agencies to the extent that any such Government Mortgage Agency holds, or has agreed to insure or co guarantee, any Security Interest on any Residential Site within ·the Weatherstone at Highlands Ranch Association, except to me extent such insurance or bond is not available or has been waived in writing by such Government Mortgage Agency.


Section 6.11. Duty as to Budgets. The Weatherstone at Highlands Ranch Association shall prepare, and submit to the Members, annual Budgets for the Weatherstone at Highlands Ranch Association' as elsewhere provided in this Subassociation Declaration.


 Section 6.12. Duty to Levy and Collect Assessments. The Weatherstone at Highlands Ranch Association shall levy and collect Assessments as elsewhere provided in this Subassociation Declaration.


Section 6.13. Duty to Provide Audit. The Weatherstone at Highlands Ranch Association shall provide for an annual audit of the accounts of the Weatherstone at Highlands Ranch Association. Such audit shall be of a type, and performed by such party, as shall be determined by the Board of Directors in its discretion, subject, however, to any applicable requirements of the Act; provided, however, that if required by a Government Mortgage Agency, such audit shall be an independent audit. Copies of the report of the audit shall be made available to any Member who requests a copy of the same upon payment by such Member of the reasonable cost of copying the same.


Section 6.14. Power to Adopt Rules and Regulations. The Weatherstone at Highlands Ranch Association may adopt, amend, repeal and enforce rules and regulations as may be deemed necessary or desirable with respect to the interpretation and implementation of this Subassociation Declaration, the operation of the Weatherstone at Highlands Ranch Association, and the use of any Property within the Weatherstone at Highlands Ranch Association Area, including Common Elements and Residential Sites. Any such rules and regulations shall be reasonable and uniformly applied. Such rules and regulations shall be effective only upon adoption by resolution of the Board of Directors of the Weatherstone at Highlands Ranch Association. Notice of the adoption, amendment or repeal of any rule or regulation shall be given in writing to each Member of the Weatherstone at Highlands Ranch Association at the address for notices to Members as elsewhere provided in this Subassociation Declaration or the Bylaws of the Weatherstone at Highlands Ranch Association, and copies of the currently effective rules and regulations shall be made available to each Member upon request and payment of the reasonable expense of copying the same. Each Member shall comply with such rules and regulations and shall see that Related Users of such Member comply with such rules and regulations. Such rules and regulations shall have the same force and effect as if they were set forth in and were part of this Subassociation Declaration. In the event of conflict between the rule!i:and regulations and the provisions of this Subassociation Declaration, the provisions of this Subassociation Declaration shall prevail.


Section 6.15. Power to Enforce Declaration and Rules and Regulations. The Weatherstone at Highlands Ranch Association shall have the power to enforce the provisions of this Subassociation Declaration and of its rules and regulations and shall take such action as the Board of Directors of the Weatherstone at Highlands Ranch Association deems necessary or desirable to cause such compliance by each Member of the Weatherstone at Highlands Ranch Association and each Related User. Without limiting the generality of the foregoing, the Weatherstone at Highlands Ranch Association shall have the power to enforce the provisions of this Subassociation Declaration and of rules and regulations of the Weatherstone at Highlands Ranch Association by anyone or more of the following means:


  • (a) by entry upon any property within the Weatherstone at Highlands Ranch Association Area after Notice and Hearing as defined in this Subassociation Declaration (unless an "Emergency Situation," as hereinafter defined in Section 9.17, exists), without liability to the Owner thereof, for the purpose of enforcement ­or of causing compliance with this Subassociation Declaration or rules and regulations of the Weatherstone at Highlands Ranch Association;
  • (b) by commencing and maintaining actions and suits to restrain and enjoin any breach or threatened breach of this Subassociation Declaration or the rules and regulations of the Weatherstone at Highlands Ranch Association, by mandatory ·injunction or otherwise;
  • (c) by commencing and maintaining actions and suits to recover damages for breach of any of this Subassociation Declaration or the rules and regulations of the Weatherstone at Highlands Ranch Association;
  • (d) if and to the extent permitted by the Act, by suspension, after Notice and Hearing as defined in this Subassociation Declaration, of the voting rights of a Member of the Weatherstone at Highlands Ranch Association during and for up to sixty (60) days following any breach by such Member or a Related User of such Member of this Subassociation Declaration or such rules and regulations, unless the breach is a continuing breach in which case such suspension shall continue for so long as such breach continues;
  • (e) by levying and collecting, after Notice and Hearing, a Reimbursement Assessment against any Member of the Weatherstone at Highlands Ranch Association for breach of this Subassociation Declaration or such rules and regulations by such Member or a Related User of such Member; and
  • (f) by levying and collecting, after Notice and Hearing as defined in this Subassociation Declaration, reasonable and uniformly applied fines and penalties, established in advance in the rules and regulations of the Weatherstone at Highlands Ranch Association, from any Member of the Weatherstone at Highlands Ranch Association for breach of or failure to comply with this Subassociation Declaration or such rules and regulations by such Member or a Related User of such Member.


Section 6.16. Power to Contract with the Community Association for Services. The Weatherstone at Highlands Ranch Association shall have the power to contract, in writing, with the Community Association for services. Such contract shall provide for the payment by the Weatherstone at Highlands Ranch Association to the Community Association of the reasonably estimated expenses of the Community Association of providing such services to the Weatherstone at Highlands Ranch Association including a fair share of the overhead expenses of the Community Association. Services which may be provided to the Weatherstone at Highlands Ranch Association may include, without limitation


  • (a) the construction, care, operation, management, maintenance, repair and replacement of the Common Elements, Improvements thereon or other property;
  • (b) the enforcement of the provisions of the Subassociation Declaration for, on behalf of, and in the name of the Weatherstone at Highlands Ranch Association;
  • (c) the collection of Assessments for, in the name of, and on behalf of the Weatherstone at Highlands Ranch Association;
  • (d) the payment of taxes for the Weatherstone at Highlands Ranch Association with funds of the Subassociation; (e) the obtaining of insurance for the Weatherstone at Highlands Ranch Association; and
  • (e) the appointment and supervision of a Manager or Managers for the Weatherstone at Highlands Ranch Association. Notwithstanding the foregoing, however, this Section shall not be construed as providing for, and no such contract shall provide for, any of the powers of the Weatherstone at Highlands Ranch Association to be exercised by or delegated to the Community Association in a manner which would subject the Community Association to the provisions of the Act pursuant to Section 38-33.3-220 of the Act.


Section 6.17. Power to Employ Managers. The Weatherstone at Highlands Ranch Association shall have the power to retain and pay for the services of a Manager or Managers to undertake any of the management or functions for which the Weatherstone at Highlands Ranch Association has responsibility under this Subassociation Declaration to the extent deemed advisable from time to time by the Board of Directors of the Weatherstone at Highlands Ranch Association, and may delegate any of its duties, powers or functions to any such Manager. Any contract or agreement with any such Manger shall be terminable by the Weatherstone at Highlands Ranch Association for cause on no more than thirty (30) days prior written notice, and shall be terminable by the Weatherstone at Highlands Ranch Association without cause and without payment of a termination fee on no more than ninety (90) days prior written notice. Any such contract or agreement shall be for a term of no more than one (1) year but may be subject to renewal for succeeding terms of no more than one (1) year each. Notwithstanding any delegation to a Manager of any duties, powers or functions of the Weatherstone at Highlands Ranch Association, the Weatherstone at Highlands Ranch Association and its Board of Directors shall remain ultimately responsible for the performance and exercise of such duties, powers and functions. Any agreement or contract with a Manager shall contain any other provisions which are required to be contained therein by any Government Mortgage Agency.


Section 6.18. Power to Engage Employees, Agents and Consultants. The Weatherstone at Highlands Ranch Association shall have the power to hire and discharge employees and agents and to retain and pay for legal and accounting services as may be necessary or desirable in connection with the performance of any duties or the exercise of any powers of the Weatherstone at Highlands Ranch Association under this Subassociation Declaration.


Section 6.19. Power to Acquire Property and Construct Improvements. The Weatherstone at Highlands Ranch Association shall have the power to acquire property or interests in property for the common benefit of Owners, including Improvements and personal property. The Weatherstone at Highlands Ranch Association shall have the power to construct Improvements on such property and may demolish Improvements owned by the Weatherstone at Highlands Ranch Association.


Section 6.20. Power to Provide Special Services for Members. The Weatherstone at Highlands Ranch Association shall have the power to provide services to a Member or group of Members. Any service or services to a Member or group of Members shall be provided pursuant to an agreement in writing, or through one or more Annexing Instruments, which shall provide for payment to the Weatherstone at Highlands Ranch Association by such Member or group of Members of the reasonable estimated costs and expenses of the Weatherstone at Highlands Ranch Association of providing such services, including a fair share of the overhead expenses of the Weatherstone at Highlands Ranch Association and shall contain reasonable provisions assuring that the obligation to pay for such services shall be binding upon any heirs, personal representatives, successors and assigns of the Member or group of Members and that the payment for such services shall be secured by a lien on the Property of the Member or group of Members. Any such agreement or Annexing Instrument may provide that payments to the Weatherstone at Highlands Ranch Association for special services shall be payable by Members benefited on the basis of the Assessments Units attributable to the Residential Sites benefited by the special services.


 Section 6.21. Power to Borrow and Mortgage. The Weatherstone at Highlands Ranch Association shall have the power to borrow money, to mortgage and grant security interests in the Common Elements and to assign its right to future income, including, without limitation, its right to receive Assessments, as security for any such borrowing; provided, however, that the Weatherstone at Highlands Ranch Association may not borrow money, mortgage or grant a security interest in any of the Common Elements, or so assign its right to future income, unless the same is approved by Members holding at least two-thirds (%) of the voting power in the Weatherstone at Highlands Ranch Association present in person or by proxy (exclusive of the voting power of Declarant) at a duly constituted meeting of Members.

 

Section 6.22. General Corporate Powers. The Weatherstone at Highlands Ranch Association shall have all of the ordinary powers and rights of a Colorado corporation formed under the Act and the Colorado Nonprofit Corporation Act, including without-limitation, entering into partnership and other agreements, subject only to such limitations upon such powers as may be set forth in this Subassociation Declaration or in the Articles of Incorporation or Bylaws of the Weatherstone at Highlands Ranch Association. The Weatherstone at Highlands Ranch Association shall also have the power to do any and all lawful things which may be authorized, required or permitted to be done under this Subassociation Declaration or the Articles of Incorporation or Bylaws of the Weatherstone at Highlands Ranch Association and to do and perform any and all acts which may be necessary or desirable for, or incidental to, the exercise of any of the express powers or rights of the Weatherstone at Highlands Ranch Association under this Subassociation Declaration and the Articles of Incorporation or Bylaws of the Weatherstone at Highlands Ranch Association.

  

ARTICLE 7. ANNEXATION OF PROPERTY AND SPECIAL DECLARANT RIGHTS (TOP)


Section 7.1. Annexation of the Weatherstone at Highlands Ranch Association Area. Property located within the Weatherstone at Highlands Ranch Annexable Area may be annexed to the Weatherstone at Highlands Ranch Association Area and made subject to this Subassociation Declaration by Declarant without the consent of the Weatherstone at Highlands Ranch Association, any Owners, any Security Interest Holder or any other Person, until the expiration of the Period of Special Declarant's Rights, subject to a determination by FHA and VA (if the Declarant desires to attempt to obtain FHA or VA approval of the property being annexed) that the annexation is in accord with the general plan approved by them and that the Dwelling Units to be located on such Annexed Property will be of comparable style, quality, size and cost to the existing Dwelling Units. The Declarant may exercise its rights of annexation or development rights in all or any portion of the Weatherstone at Highlands Ranch Annexable Area over which such rights have not already been exercised, and no assurances are made by Declarant as to the boundaries of or timing or order of exercise of any such rights. Further, exercise by Declarant of its rights of annexation or development rights with respect to any portion(s) of the Weatherstone at Highlands Ranch Annexable Area does not require that such rights of annexation or development rights must be exercised in all or any other portion(s) of the remainder of the Weatherstone at Highlands Ranch Annexable Area. Finally, in addition to the foregoing, the Declarant may amend this Subassociation Declaration at any time during the Period of Special Declarant's Rights, in order to add additional real estate to the Annexed Property from such locations as the Declarant may elect, in its sole discretion, so long as the total additional real estate so annexed to the Annexed Property pursuant to this sentence, and which is not pan of the Weatherstone at Highlands Ranch Annexable Area, does not exceed ten percent (10%) of the total area that is the Weatherstone at Highlands Ranch Annexable Area as set forth on the attached Exhibit B


Section 7.2. Manner and Effect of Annexation. Portions of the Weatherstone at Highlands Ranch Annexable Area (other than the Initial Property, which is made subject to this Subassociation Declaration as herein above provided) may, from time to time, become pan of the Weatherstone at Highlands Ranch Association Area and subject to this Subassociation Declaration, and thereby constitute Annexed Property for the purposes of this Subassociation Declaration, effective upon the Recordation of an Annexing Instrument for such portion of the Weatherstone at Highlands Ranch Annexable Area in the office of the Clerk and Recorder of Douglas County, Colorado. Upon Recordation of an Annexing Instrument for a portion of the Weatherstone at Highlands Ranch Annexable Area as aforesaid, such portion shall thereupon, automatically and without any further action by any other party; constitute Annexed Property, and thereafter, be subject to the Restrictions, and other provisions set forth in this Subassociation Declaration, for the duration thereof. Conversely, unless and until an Annexing Instrument for a portion of the Weatherstone at Highlands Ranch Annexable Area (other than the Initial Property) is Recorded, such portion of the Weatherstone at Highlands Ranch Annexable Area shall not be subject to this Subassociation Declaration, none of the Restrictions in this Subassociation Declaration shall be construed to affect, encumber, apply to or constitute a cloud upon title to such portion of the Weatherstone at Highlands Ranch Annexable Area, and the Owner of such portion of the Weatherstone at Highlands Ranch Annexable Area shall not, by virtue of such ownership, be entitled to any of the rights and benefits to which Members of the Weatherstone at Highlands Ranch Association are entitled pursuant to this Subassociation Declaration. Consequently, it is the express intention of Declarant in executing this Subassociation Declaration that the Restrictions and other provisions set forth in this Subassociation Declaration which apply to Annexed Property shall apply to the Weatherstone at Highlands Ranch Annexable Area, or portion thereof (other than the Initial Property, which is made subject to this Subassociation Declaration as herein above provided), only from and after the date the Weatherstone at Highlands Ranch Annexable Area, or portion thereof, becomes Annexed Property in accordance with the foregoing provisions. The property described in an Annexing Instrument may be made subject to additional and different Restrictions which are set forth in the Annexing Instrument provided such Restrictions are no less restrictive than those contained in this Subassociation Declaration and, if required, are approved in writing by the Federal Housing Administration and the Veterans Administration. In addition, each Annexing Instrument shall be deemed to include each of the following provisions even if some (or all) of such provisions are not expressly set forth in such Annexing Instrument: shall state that the grantee of such Annexing Instrument is the Owner of the Residential Site or Common Elements, as the case may be, conveyed thereby; shall assign an identifying number to each Residential Site which shall be the lot number for the respective Residential Site as shown on the Subdivision Plat and the CCIOA Plat; the property conveyed thereby shall constitute Residential Site(s) unless such Annexing Instrument expressly provides that some or all of such property is Common Elements; if such Annexing Instrument contains one or more Residential Sites, then the proportionate responsibility for payment of Common Assessments shall automatically be reallocated for all Residential Sites in the Annexed Property (including such Residential Sites annexed by such Annexing Instrument), to be a fraction equal to one over the total number of Residential Sites then subject to the Subassociation Declaration, and each such Residential Site shall have one vote in the Weatherstone at Highlands Ranch Association; and may include such other provisions as the Declarant may deem appropriate from time to time.


 Section 7.3. No Annexation Required: Contraction of the Weatherstone at Highlands Ranch Annexable Area. Notwithstanding any other provision of this Subassociation Declaration to the contrary, nothing in this Subassociation Declaration shall be construed to obligate the Weatherstone at Highlands Ranch Annexable Area, or any portion thereof (other than the Initial Property), to be made subject to this Subassociation Declaration. Declarant expressly reserves the right, in its sole discretion, to determine not to make the Weatherstone at Highlands Ranch Annexable Area, or any portion thereof (other than the Initial Property) subject to this Subassociation Declaration. Additionally, the Weatherstone at Highlands Ranch Annexable Area may, in Declarant's sole discretion, from time to time be contracted to delete any portion of the Weatherstone at Highlands Ranch Annexable Area, provided that such portion has not theretofore been made a part of the Annexed Property as provided herein, effective upon the Recordation of a written instrument, executed by Declarant, referring to this Subassociation Declaration, describing such portion and declaring that such portion shall thereafter be deleted from the Weatherstone at Highlands Ranch Annexable Area under this Subassociation Declaration.


Section 7.4. Declarant's Rights to Complete Development of the Weatherstone at Highlands Ranch Annexable Area. No provision of this Subassociation Declaration shall be construed to prevent or limit Declarant's rights, and Declarant expressly reserves the right, to complete development of property within the boundaries of the Weatherstone at Highlands Ranch Annexable Area; to construct or alter Improvements on any property owned by Declarant within the Weatherstone at Highlands Ranch Annexable Area; to maintain model homes, offices for construction, sales or leasing purposes or similar facilities on any Residential Site owned by Declarant within the Weatherstone at Highlands Ranch Annexable Area and on any and all Common Elements; to post signs incidental to development, construction, promotion, marketing, sales or leasing of property within the boundaries of the Weatherstone at Highlands Ranch Annexable Area; and for itself, and its designees, to have access over the Landscape Areas as reasonably shall be necessary to exercise any of its rights, or to perform any of its duties, under this Subassociation Declaration. No such model home, or construction, sales or leasing office located on a Residential Site owned by Declarant shall constitute a Common Element or common property of, or otherwise be owned by, the Weatherstone at Highlands Ranch Association or any other Member of the Weatherstone at Highlands Ranch Association; rather, such property (with Improvements thereon) shall constitute a Residential Site. Additionally; no such model home, construction, sales or leasing office located on any Common Elements shall constitute a Common Element or common property of, or otherwise be owned by, the Weatherstone at Highlands Ranch Association or any other Member of the Weatherstone at Highlands Ranch Association. Declarant may maintain management offices, signs, model homes, construction offices, trailers and sales offices, in such numbers, of such sizes and at such locations, as Declarant may determine in its reasonable discretion from time to time. Nothing contained in this Subassociation Declaration shall limit the right of Declarant or require Declarant to obtain approvals

  • (a) to excavate, cut, fill or grade any property owned by Declarant or to construct, alter, demolish or replace any Improvements on any property owned by Declarant, or
  • (b) to use any structure on any property owned by Declarant as a construction, model home or real estate sales or leasing office in connection with the sale of any property within the boundaries of the Weatherstone at Highlands Ranch Annexable Area, or
  • (c) to require Declarant to seek or obtain the approval of the Weatherstone at Highlands Ranch Association for any such activity or Improvement to Property by Declarant on any property owned by Declarant.

Declarant reserves the right, prior to the time that a particular lot or tract within, or other portion of, the Weatherstone at Highlands Ranch Annexable Area has been annexed to and made subject to this Subassociation Declaration and so long as Declarant is the Owner of such lot, tract or other portion, to re-subdivide or change the boundaries of such lot, tract or other portion without the same constituting an amendment of this Subassociation Declaration or the CCIOA Plat and without the consent, approval or vote of any other party, including, without limitation, the Members of the Weatherstone at Highlands Ranch Association: provided, however, that if Declarant does so subdivide or change the boundaries of any such lot, tract or other portion, Declarant shall prepare and record an amendment to the CCIOA Plat depicting such re-subdivision or change in boundary in connection with the amendment to this Subassociation Declaration by which such lot, tract or other portion shall, if at all, be annexed to and made subject to this Subassociation Declaration. Nothing in this Subassociation Declaration shall limit or impair the reserved rights of Declarant as elsewhere provided in this Subassociation Declaration.


Section 7.5. Period of Special Declarant's Rights. Declarant shall have the rights and easements set forth and reserved in this Article 7, and in Sections 3.4 and 9.17, during the Period of Special Declarant's Rights. The rights, easements and reservations set forth in this Article 7, and in Sections 3.4 and 9.17, shall be prior and superior to any other provisions of this Subassociation Declaration. The provisions of this Article 7, and in Sections 3.4 and 9.17, may not, notwithstanding any other provision of this Subassociation Declaration, be modified, amended, rescinded or affected by any amendment of this Subassociation Declaration without Declarant's prior written consent.

 

ARTICLE 8. SPECIAL PROVISIONS REGARDING POSSIBLE GOLF COURSE (TOP)


Section 8.1. General and Application of Article. "Golf Course" shall mean a golf course, and a clubhouse, maintenance facilities and other related improvements, which may be constructed or developed by Declarant, its successors or assigns, on property adjacent to the Weatherstone at Highlands Ranch Annexable Area. Declarant has not made, and shall not be deemed to have made, any representation or warranty that the Golf Course will or will not be constructed or developed or, if so constructed or developed, as to the nature or design of the Golf Course, but Declarant reserves and shall have the right to construct, develop, operate and maintain the Golf Course, or to cause the same to be constructed, developed, operated and maintained, without the consent or approval of the Weatherstone at Highlands Ranch Association, any Member of the Weatherstone at Highlands Ranch Association or any other Person claiming any right, title or interest in and to the Weatherstone at Highlands Ranch Association Area or any portion thereof. If constructed or developed, the Golf Course shall not be a part of the Weatherstone at Highlands Ranch Association Area and none of the Weatherstone at Highlands Ranch Association, any Member of the Weatherstone at Highlands Ranch Association or any other Person claiming any right, title or interest in and to the Weatherstone at Highlands Ranch Association Area or any portion thereof shall have any ownership interest in the Golf Course or, unless otherwise agreed to by the "Golf Course Owner, It as hereinafter defined, any rights to use or enjoy the Golf Course. If the Golf Course is so constructed or developed, the Weatherstone at Highlands Ranch Association Area shall be subject to and bound by the provisions herein after set forth in this Article.


Section 8.2 Golf Easements. Declarant hereby creates and reserves for itself and for the benefit of the Golf Course Owner, non-exclusive easements over and across the Weatherstone at Highlands Ranch Association Area, including, without limitation, all Residential Sites and Common Elements contained therein, to allow golf balls hit by any golfers using the Golf Course to come on and over the Weatherstone at Highlands Ranch Association Area and to allow golfers using the Golf Course to enter onto such portions of the Weatherstone at Highlands Ranch Association Area as are not enclosed by a fence, and upon which no building or other structure is located, for the purpose of seeking and retrieving such golf balls (collectively the "Golf Easements"); provided, however, that the Golf Easements shall not relieve golfers using the Golf Course of or from any liability they may have under the provisions of applicable law for property damage or personal injury resulting from the entry of golf balls or golfers on the Weatherstone at Highlands Ranch Association Area. The Golf Course Easements shall be for the benefit of and enforceable by Declarant and the Golf Course Owner and shall be appurtenant to and run with title to the Golf Course. The Golf Course Easements shall be binding upon the Weatherstone at Highlands Ranch Association Area, including, without limitation, each Residential Site and all Common Elements contained therein, and upon the Weatherstone at Highlands Ranch Association, and the Owner of each such Residential Site. All conveyances of and other instruments affecting title to any such Residential Site or Common Elements shall be deemed to reserve the Golf Easements as provided for herein, even though no specific reference to the Golf Easements, appears in any such conveyance.


Section 8.3 Waiver of Certain Liability. Golfers are not always able to control their shots and, if the Golf Course is so constructed or developed, errant golf balls from the Golf Course will invariably enter upon the Weatherstone at Highlands Ranch Association Area from time to time, possibly causing damage or injury to person or property. The Weatherstone at Highlands Ranch Association and the Owner of each Residential Site within the Weatherstone at Highlands Ranch Association Area, by its acceptance and recordation of a deed for its Residential Site, shall be deemed to have agreed that the "Non-Liable Parties," as hereinafter defined, shall not in any way be responsible for, and that the Weatherstone at Highlands Ranch Association and the Owner of each Residential Site within the Weatherstone at Highlands Ranch Association Area, for itself and its successors and assigns, shall be deemed to have waived all rights it may at any time have against the Non-Liable Parties for, any and all claims, damages, losses, demands, liabilities, obligations, actions, or causes or actions resulting from any entry onto the Weatherstone at Highlands Ranch Association Area of any golf balls (regardless of number) hit from or in connection with the Golf Course, any damage or injury to person or property on the Weatherstone at Highlands Ranch Association Area, or any portion thereof, resulting therefrom, any entry onto the Weatherstone at Highlands Ranch Association Area, or any portion thereof, by any golfer attempting to retrieve his golf ball, and from the exercise by any golfer of the Golf Easements, including, without limitation, actions based on:

  • (a) any invasion of the use and enjoyment of the Weatherstone at Highlands Ranch Association Area, or any portion thereof;
  • (b) improper or negligent design or construction of the Golf Course; and
  • (c) the level of skill of any golfer (regardless of whether such golfer has the permission of the Golf Course Owner or the "Golf Course Operator," as hereinafter defined, to use the Golf Course).

The "Non-­Liable Parties" shall mean, collectively, Declarant, the developer of the Golf Course, the owner of the Golf Course (the "Golf Course Owner"), the manager or operator of the Golf Course (the "Golf Course Operator"), the Weatherstone at Highlands Ranch Association, the Members of the Weatherstone at Highlands Ranch Association (but only in their capacity as Members), and each of their agents, servants, employees, directors, officers, successors and assigns; provided, however, that the Non­-Liable Parties shall, without limitation, specifically exclude any golfer (in his capacity as a golfer, even if otherwise he would constitute a Non-Liable Party) using the Golf Course.


 ARTICLE 9. MISCELLANEOUS PROVISIONS (TOP)


Section 9.1. Term of Declaration and Termination. This Subassociation Declaration and the planned community created hereby may be terminated by first obtaining the written consent of the Community Association and then obtaining the vote, by written ballot, of Members holding at least seventy-five percent (75%) of (he voting power of Members of the Weatherstone at Highlands Ranch Association present in person or by proxy at a duly constituted meeting of the Members. The agreement of the Owners to terminate this Subassociation Declaration and the planned community, created hereby shall be evidenced by a termination agreement or ratification thereof, executed by the required number of Owners in accordance with the terms and conditions of Section 38-33.3-218 of the Act. Upon the Recordation in the office of the Clerk and Recorder of Douglas County, Colorado of the termination agreement, the planned community, created hereby shall be determined, this Subassociation Declaration shall have no further force or effect, and the Weatherstone at Highlands Ranch Association shall be dissolved. Notwithstanding the foregoing, the Members may not terminate this Subassociation Declaration or the planned community created hereby during the Period of Declarant Control without Declarant's prior written consent, which consent Declarant may withhold in its sole discretion.


Section 9.2. Amendment of Subassociation Declaration by Declarant. Until the first Residential Site within the Weatherstone at Highlands Ranch Annexable Area has been annexed to the Weatherstone at Highlands Ranch Association Area by an Annexing Instrument Recorded in the office of the County Clerk and Recorder of Douglas County, Colorado, any of the provisions or Restrictions contained in this Subassociation Declaration may be amended or terminated by Declarant by the Recordation of a written instrument, executed by Declarant, setting forth such amendment or termination.


Section 9.3. Amendment of Subassociation Declaration by Members. Except as is otherwise provided in this Subassociation Declaration or as is otherwise provided in the Act, any provision or Restriction contained in this Subassociation Declaration may be amended or repealed at any time and from time to time upon approval of the amendment or repeal by Members of the Weatherstone at Highlands Ranch Association holding at least seventy-five percent (75%) of the voting power of the Weatherstone at Highlands Ranch Association present in person or by proxy at a duly constituted meeting of the Members; provided, however, it shall be necessary to obtain the written consent of the Architectural Committee under the Community Declaration prior to seeking the approval of the Members of any amendment or repeal which would either,

  • (a) effectively terminate this Subassociation Declaration, or
  • (b) change, modify or eliminate the duty of the Weatherstone at Highlands Ranch Association to manage, care for, maintain and repair the Common Elements.


The amendment or repeal shall be effective upon the Recordation in the office of the Clerk and Recorder of Douglas County, Colorado, of a certificate, executed by the President or a Vice President and the Secretary or an Assistant Secretary of the Weatherstone at Highlands Ranch Association setting forth the amendment or repeal in full and certifying that the amendment or repeal has been approved by the Members as herein provided and, if required, that the amendment or repeal has been approved in writing by the Architectural Committee under the Community Declaration. Notwithstanding the foregoing, the Members may not amend this Subassociation Declaration during the Period of Declarant Control without Declarant's prior written consent, which consent Declarant may withhold in its sole discretion.


Section 9.4. Amendment Required by Government Mortgage Agencies. Notwithstanding the provisions of Section 8.3 hereof requiring approval of an amendment or repeal by Members holding at least seventy-five (75%) of the voting power of the Weatherstone at Highlands Ranch Association, any provision or Restriction contained in this Subassociation Declaration which any Government Mortgage Agency requires to be amended or repealed may be amended or repealed by vote of Members holding at least two-thirds (%) of the voting power of the Weatherstone at Highlands Ranch Association present in person or by proxy at a duly constituted meeting of the Members. Any such amendment or repeal shall be effective upon the Recordation in the office of the Clerk and Recorder of Douglas County, Colorado, of a certificate, executed by the President or a Vice President and the Secretary or an Assistant Secretary of the Weatherstone at Highlands Ranch Association setting forth the amendment or repeal in full and certifying that the amendment or repeal has been approved by the vote of the Members as herein provided and,· if required, that the amendment or repeal has been approved in writing by the Architectural Committee under the Community Declaration.


Section 9.5. Amendment of Articles and Bylaws. The Articles of Incorporation and Bylaws for the Weatherstone at Highlands Ranch Association may be amended in accordance with the provisions set forth in such instruments or, in the absence of such provisions in accordance with the applicable provisions of the Act and the Colorado Nonprofit Corporation Act.


Section 9.6. Special Rights of First Security Interest Holders. Any First Security Interest Holder of a First Security Interest encumbering any Residential Site in the Weatherstone at Highlands Ranch Association Area, upon filing a written request therefor with the Weatherstone at Highlands Ranch Association, shall be entitled to

  • (a) written notice from the Weatherstone at Highlands Ranch Association of any default by the Owner of such Residential Site in the performance of the Owner's obligations under this Subassociation Declaration or the Articles of Incorporation, the Bylaws or the Rules and Regulations of the Weatherstone at Highlands Ranch Association, which default is not cured within sixty (60) days after the Weathers cone at Highlands Ranch Association learns of such default;
  • (b) examine the books and records of the Weatherstone at Highlands Ranch Association during normal business hours;
  • (c) receive a copy of financial statements of the Weatherstone at Highlands Ranch Association including any annual audited financial statement within ninety (90) days following the end of any fiscal year of the Weatherstone at Highlands Ranch Association;·
  • (d) receive written notice of all meetings of Members;
  • (e) designate a representative to attend any meeting of Members;
  • (f) receive written notice of abandonment or termination of the Weatherstone at Highlands Ranch Association or of the plan contemplated under this Subassociation Declaration;
  • (g) receive thirty (30) days written notice prior to the effective date of any proposed, material amendment to this Subassociation Declaration (which shall, however, be deemed to exclude any amendment to annex additional portions of the Weatherstone at Highlands Ranch Annexable Area to this Subassociation Declaration pursuant to Article 7) or the Articles of Incorporation or the Bylaws of the Weatherstone at Highlands Ranch Association;
  • (h) receive thirty (30) days written notice prior to the effective date of termination of any agreement for professional management of the Weatherstone at Highlands Ranch Association or the Common Elements following a decision of the Weatherstone at Highlands Ranch Association to assume self-management of the Common Elements; and
  • (i) receive immediate written notice as soon as the Weatherstone at Highlands Ranch Association receives notice or otherwise learns of any damage to the Common Elements if the cost of reconstruction exceeds Ten Thousand Dollars ($10,000) and as soon as the Weatherstone at Highlands Ranch Association receives notice or otherwise learns of any condemnation or eminent domain proceedings or other proposed acquisition with respect to any portion of the Common Elements.


Section 9.7. First Security Interest Holder Exemption from Rights of First Refusal. Any First Security Interest Holder who obtains title to any Residential Site within the Weatherstone at Highlands Ranch Association Area pursuant to the remedies provided in the First Security Interest held by such First Security Interest Holder or pursuant to any foreclosure of the First Security Interest or by deed or assignment in lieu of foreclosure shall be exempt from any right of first refusal if any such right of first refusal is ever contained in this Subassociation Declaration.


Section 9.8. Priority of First Security Interest Over Assessments. Each First Security Interest Holder of a First Security Interest encumbering a Residential Site within the Weatherstone at Highlands Ranch Association Area who obtains title to such Residential Site pursuant to the remedies provided in the First Security Interest, by judicial foreclosure, or by deed or assignment in lieu of foreclosure shall, except as otherwise provided in Section 5.24, take title to the Residential Site free and clear of any claims for unpaid Assessments or charges against such Residential Site which accrued prior to the time such holder acquires title to such Residential Site, other than allocation of any deficiency prorated among all Members of the Weatherstone at Highlands Ranch Association.


Section 9.9. First Security Interest Holder Right to Pay Taxes and Insurance Premiums. Any First Security Interest Holder or any First Security Interest Holders, jointly or singly, shall be entitled to pay any taxes or other charges which are in default and which mayor have become a charge against the Weatherstone at Highlands Ranch Association or property owned by the Weatherstone at Highlands Ranch Association and may pay any overdue premiums on hazard insurance policies paid for by the Weatherstone at Highlands Ranch Association, and the First Security Interest Holder making such payments shall be entitled to immediate reimbursement mere for from me Weatherstone at Highlands Ranch Association.


Section 9.10. Agreements with Government Mortgage Agencies. The Weatherstone at Highlands Ranch Association may enter into such contracts or agreements on behalf of me Weatherstone at Highlands Ranch Association as may be required in order to satisfy the requirements or guidelines of any Government Mortgage Agency so as to allow for the purchase, guarantee or insurance, as the case may be, by a Government Mortgage Agency of First Security Interests encumbering Residential Sites within me Weatherstone at Highlands Ranch Association Area. Each Owner hereby agrees that it will benefit the Weatherstone at Highlands Ranch Association and me ,Members thereof, as a class of potential mortgage borrowers and potential sellers of Residential Sites within the Weatherstone at Highlands Ranch Association Area if Government Mortgage Agencies approve the Weatherstone at Highlands Ranch Association Area or parts thereof as qualifying under their respective policies, rules and regulations as adopted from time to time.


Section 9.11. Association Right to Security Interest Information. Each Owner hereby authorizes any First Security Interest Holder holding a First Security Interest on such Owner's Residential Site within the Weatherstone at Highlands Ranch Association Area to furnish information to the Weatherstone at Highlands Ranch Association concerning me status of such First Security Interest' and the loan which it secures.


Section 9.12. Special Approvals by First Security Interests. Unless at least seventy-five percent (75%) of the Security Interest Holders holding First Security Interests (based upon one vote for each First Security Interest owned) of Residential Sites in the Weatherstone at Highlands Ranch Association Area have given their written approval, neither the Weatherstone at Highlands Ranch Association nor any Member shall

  • (a) by act or omission seek to abandon, partition, subdivide, encumber, sell or transfer the Common Elements or the Improvements thereon which are owned, directly or indirectly, by the Weatherstone at Highlands Ranch Association (excluding the granting of permits, licenses and easements in or to the Common Elements or Improvements thereon for public utilities, roads, or other purposes reasonably necessary or useful for the proper maintenance or operation of the Annexed Property or the Weatherstone at Highlands Ranch Association);
  • (b) change the method of determining the obligations, Assessments or other charges which may be levied against Members or the method of allocating distributions of hazard insurance policy proceeds or condemnation awards;
  • (c) by act or omission change, waive or abandon any scheme of regulation, or enforcement thereof, pertaining to architectural approval of Improvements of Property including the architectural design of the exterior appearance of Dwelling Units, the exterior maintenance of Dwelling Units or the upkeep of Common Elements;
  • (d) fail to maintain the casualty, fire and extended coverage insurance as elsewhere provided in this Subassociation Declaration;
  • (e) use hazard insurance proceeds for purposes other than the restoration, replacement or destruction of Improvements destroyed or damaged as elsewhere provided in this Subassociation Declaration; and
  • (f) amend any material provision of this Subassociation Declaration (which shall, however, be deemed to exclude any amendment to annex additional portions of the Weatherstone at Highlands Ranch Annexable Area to this Subassociation Declaration pursuant to Article 7), the Articles of Incorporation or the Bylaws of the Weatherstone at Highlands Ranch Association.


Section 9.13. FHA or VA Approval. During the Period of Special Declarant's Rights and provided further that the FHA or the VA is insuring or guaranteeing or has agreed to insure or guarantee loans in any portion of the Weatherstone at Highlands Ranch Association Area with respect to initial sales of Residential Sites by Declarant, the following actions shall require the prior approval of the FHA or the VA, in accordance with the procedure set forth herein:

  • (a) dedication of any of the Common Elements;
  • (b) granting of easements, rights of way or licenses by Declarant in the Common Elements;
  • (c) granting of a Security Interest covering any portion of the Common Elements;
  • (d) Establishment of additional reservations by Declarant in the Common Elements;
  • (e) amendment of this Subassociation Declaration (other ·than any amendment to annex additional portions of the Weatherstone at Highlands Ranch Annexable Area to this Subassociation Declaration pursuant to Article 7), the Articles of Incorporation or the Bylaws of the Weatherstone at Highlands Ranch Association;
  • (f) any merger or consolidation of the Weatherstone at Highlands Ranch Association with any other entity; and
  • (g) any exceptions to title to Common Elements transferred to the Weatherstone at Highlands Ranch Association by Declarant. Prior to any such proposed action, Declarant shall give written notice of such proposed action to the FHA and VA, and for sixty (60) days following the receipt of such notice, the FHA or VA shall have the power to prohibit such action by written notice to Declarant. If no written notice of veto is received by Declarant within such sixty (60) day period, then such approval shall be deemed given and Declarant may proceed as if such approval was obtained with respect to the request contained in such notice. Any certificate of amendment or repeal shall state whether or not any such consent is required and, if required, shall state whether or not such consent has been obtained, and the statements in the certificate shall be binding and conclusive on all Persons.


Section 9.14. Notices. Any notice permitted or required to be given under this Subassociation Declaration shall be in writing and may be given either personally or by mail, telephone or telegraph. If served by mail, each notice shall be sent postage prepaid, addressed to any Person at the address given by such Person to (he Weatherstone at Highlands Ranch Association for the purpose of service of such notice, or to the Residential Site of such Person if no address has been given to the Weatherstone at Highlands Ranch Association and shall be deemed given, if not accrually received earlier, at 5:00 p.m. on the second business day after it is deposited in a regular depository of the United States Postal Service. Such address may be changed from time to time by notice in writing to the Weatherstone at Highlands Ranch Association.


Section 9.15. Persons Entitled to Enforce Declaration. The Weatherstone at Highlands Ranch Association, acting by authority of the Board, any Member of the Weatherstone at Highlands Ranch Association and Declarant shall have the right to enforce any or all of the provisions, covenants, conditions, restrictions and equitable servitudes contained in this Subassociation Declaration against any property within the Weatherstone at Highlands Ranch Association Area and the Owner thereof. The right of enforcement shall include the right to bring an action for damages as well as any action to enjoin any violation of any provision of this Subassociation Declaration.


Section 9.16. Violations Constitute a Nuisance. Any violation of any provision, covenant, condition, restriction or equitable servitude contained in this Subassociation Declaration, whether by act or omission, is hereby declared to be a nuisance and may be enjoined or abated, whether or not the relief sought is for negative or affirmative action, by any Person entitled to enforce the provisions of this Subassociation Declaration.


 Section 9.17. Enforcement by Self-Help. Declarant or the Weatherstone at Highlands Ranch Association, or any authorized agent of either of them, may enforce, by self-help, any of the provisions, covenants, conditions, restrictions or equitable servitudes contained in this Subassociation Declaration, provided such self-help is (except in the event of an "Emergency Situation," as hereinafter defined) preceded by Notice and Hearing as set forth in the Bylaws for the Weatherstone at Highlands Ranch Association. An "Emergency Situation" shall mean a situation in which prompt action is required to be taken in order to prevent or to reduce the effect of any imminent or threatened damage or harm to person or property, to preserve property or to prevent or minimize the effects of any negative impacts on surrounding property from any condition existing on the property upon which the entry is to occur. Any such self-help by Declarant or the Weatherstone at Highlands Ranch Association may include entering upon the affected portion Of the Weatherstone at Highlands Ranch Association Area and taking such actions as Declarant or the Weatherstone at Highlands Ranch Association, as the case may be, determines are necessary or desirable to cause compliance with this Subassociation Declaration, all without liability to the Owner of the affected property and without any further notice or opportunity to cure afforded to such Owner, in which case Declarant or the Weatherstone at Highlands Ranch Association, as the case may be, shall be entitled to recover from such Owner, in addition to all other amounts to which Declarant or the Weatherstone at Highlands Ranch Association, as the case may be, shall be entitled, all costs and expenses incurred by Declarant or the Weatherstone at Highlands Ranch Association, as the case may be, in so doing. The Weatherstone at Highlands Ranch Association shall have the right to levy a Reimbursement Assessment against such Owner and his Residential Site for all such costs and expenses incurred by the Weatherstone at Highlands Ranch Association. Declarant hereby creates and reserves a non-exclusive easement for the benefit of each of Declarant and the Weatherstone at Highlands Ranch Association over and across each Residential Site within the Weatherstone at Highlands Ranch Association Area as shall reasonably be necessary for the Declarant or the Weatherstone at Highlands Ranch Association, or any authorized agent of either of them as the case may be, to exercise its rights under this Section.


Section 9.18. Violations of Law. Any violation of any federal, stare, municipal or local law, ordinance, rule or regulation, pertaining to the ownership, occupation or use of any property within the Weatherstone at Highlands Ranch Association Area is hereby declared to be a violation of this Subassociation Declaration and shall be subject to any and all of the enforcement procedures set forth in this Subassociation Declaration.


Section 9.19. Remedies Cumulative. Each remedy provided under this Subassociation Declaration is cumulative and not exclusive.


Section 9.20. Costs and Attorneys' Fees. In any action or proceeding under this Subassociation Declaration, the prevailing party shall be entitled to recover its costs and expenses in connection therewith including reasonable attorneys' fees.


Section 9.21. Limitation on Liability. Except as may otherwise be provided by law, the Weatherstone at Highlands Ranch Association, its Board of Directors, Declarant and any Member, officer, director, 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.


Section 9.22. No Representations or Warranties. No representations or warranties of any kind, express or implied, shall be deemed to have been given or made by Declarant or Its officers, directors, agents or employees in connection with any portion of the Weatherstone at Highlands Ranch Association Area, or any Improvement thereon, its or their physical condition, zoning, compliance with applicable laws, fitness for intended use, or in connection with the subdivision, sale, operation, maintenance, cost of maintenance, taxes or regulation thereof, unless and except as shall be specifically set forth in writing.


ANY AND ALL WARRANTIES WITH RESPECT TO ANY PORTION OF THE WEATHERSTONE AT HIGHLANDS RANCH ASSOCIATION AREA, AND ANY IMPROVEMENTS THEREON, EXPRESS OR IMPLIED, WHETHER ARISING UNDER FEDERAL OR STATE LAW, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, HABITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY SPECIFICALLY DISCLAIMED.


Section 9.23. Liberal Interpretation. The provisions of this Subassociation Declaration shall be liberally construed as a whole to effectuate the purpose of this Subassociation Declaration.


Section 9.24. Governing Law. This Subassociation Declaration shall be construed and governed under the laws of the State of Colorado.


Section 9.25. Severability. Each of the provisions of this Subassociation Declaration 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 9.26. Number and Gender. Unless the context requires a contrary construction, the singular shall include the plural and the plural the singular, and the masculine, feminine or neuter shall each include the masculine, feminine and neuter.


Section 9.27. Captions for Convenience. The titles, headings and captions used in this Subassociation Declaration are intended solely for convenience of reference and shall not be considered in construing any of the provisions of this Subassociation Declaration.


Section 9.28. Restrictions Imposed. The Annexed Property shall, without limitation, be subject to all of the covenants, conditions, restrictions, limitations and other provisions contained in this Subassociation Declaration, in the applicable CCIOA Plat, in the applicable Subdivision Plat, in the Initial Property Deed, in the applicable Annexing Instrument, in the Community Declaration and in any instrument which annexes the Annexed Property, or portions thereof, as applicable, to the Community Declaration. In addition, the Annexed Property, or portion(s) thereof, as applicable, shall, without limitation, be subject to the easements, licenses, and other matters contained in the documents listed on Exhibit F attached hereto and incorporated herein by this reference.


Section 9.29. No Dedication of Common Elements. Declarant in recording this Subassociation Declaration contemplates that it might designate certain areas of land as Common Elements intended for the common use and enjoyment of Owners. Any Common Elements hereafter owned by the Weatherstone at Highlands Ranch Association will not be dedicated for use by the general public, but upon conveyance to the Weatherstone at Highlands Ranch Association, will be deemed to have been dedicated to the common use and enjoyment of the Owners as more fully provided in this Subassociation Declaration.


Section 9.30. Inconsistencies Between Laws and Instruments. In the event of any inconsistency between this Subassociation Declaration and any of the CCIOA Plat, the Articles of Incorporation or Bylaws of the Weatherstone at Highlands Ranch Association, this Subassociation Declaration shall control. In the event of any inconsistency between the CCIOA Plat and the Subdivision Plat, the Subdivision Plat shall control. In the event of any inconsistency between the Act and any of this Subassociation Declaration, the CCIOA Plat, or the Articles of Incorporation or Bylaws of the Weatherstone at Highlands Ranch Association, the Act shall control.


IN WITNESS WHEREOF, Declarant has executed this Subassociation Declaration the day and year first above written.


MISSION VIEJO COMPANY, a California corporation

By             _____________  Vice President

Attest       _____________  Assistant Secretary

 

By

STATE OF COLORADO     )

                                           ) ss

COUNTY OF DOUGLAS   )

 

The foregoing instrument was acknowledged before me this 25th day of July, 1997 by _______ Vice President, and ____________ Assistant Secretary of

Mission Viejo Company, a California corporation.


Witness my hand and official seal.

My commission expires 3/9/00

 

CONSENT OF VIRDEN (TOP)

Virden Homes, Inc., a Colorado corporation, as the Grantee of the Initial Property under the Initial Property Deed described in the foregoing Subassociation Declaration, hereby consents to, and ratifies and confirms, the foregoing Subassociation Declaration, and declares that the Initial Property, and each part thereof, shall, from and after the date of this Subassociation Declaration, be owned, held, transferred, conveyed, sold, leased, rented, hypothecated, encumbered, used, occupied, maintained, altered and improved subject to the covenants, conditions, restrictions, easements, limitations, reservations, exceptions, equitable servitudes and other provisions set forth in the foregoing Subassociation Declaration for the duration thereof, all of which shall run with the title to the Initial Property and be binding upon all parties now or hereafter having any right, title or interest in the Initial Property or any part thereof, including, without limitation, the Initial Property Owners, as defined in the foregoing Subassociation Declaration, and upon the it heirs, personal representatives, successors and assigns and shall inure to the benefit of each party now or hereafter having any such right, title or interest in any portion of the Initial Property, including, without limitation, the Initial Property Owners.


Dated: July 21, 1997.


ATTEST:  __________________ Secretary

 

STATE OF COLORADO    )

                                           ) ss

COUNTY OF DOUGLAS   )

 

The foregoing instrument was acknowledged before me this 25th day of July, 1997 by _______ Vice President, and ____________ Assistant Secretary of

Mission Viejo Company, a California corporation.


Witness my hand and official seal.

My commission expires 3/9/00


Shawna Kovac

Notary Public


Stamped:    SHAWNA KOVAC

                     NOTARY PUBLIC

                     STATE OF COLORADO



 EXHIBIT A (TOP)


TO SUBASSOCIATION DECLARATION

FOR WEATHERSTONE AT HIGHLANDS RANCH ASSOCIATION, INC.

OF HIGHLANDS RANCH COMMUNITY ASSOCIATION, INC.

 (Delegate District No. 88)


Legal Description of Initial Property


Lots 8, 11, 25 and 26

Highlands Ranch Filing No. 118-1

County of Douglas, State of Colorado,

according to the recorded plat thereof.



 EXHIBIT B (TOP)


TO
SUBASSOCIATION DECLARATION

FOR

WEATHERSTONE AT HIGHLANDS RANCH ASSOCIATION, INC.

OF

HIGHLANDS RANCH COMMUNITY ASSOCIATION, INC.

(Delegate District No. 88)



Legal Description of the Weatherstone at Highlands Ranch Annexable Area

The real property described on the attached pages, which includes, without limitation, the real property more particularly described as Lots 1 through 27, inclusive, and Tracts Band C, Highlands Ranch Filing No. 118-I, County of Douglas, State of Colorado, according to the recorded plat thereof.



DESCRIPTION

WEATHERSTONE CCIOA BOUNDARY

 

THOSE PORTIONS OF SECTIONS 14, 15, 16, 22 AND 23 OF TOWNSHIP 6 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, TOWN OF HIGHLANDS RANCH, COUNTY OF DOUGLAS, STATE OF COLORADO, DESCRIBED AS FOLLOWS:


BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 22; THENCE ALONG THE SOUTHERLY LINE OF OF SAID SECTION 16 THE FOLLOWING (2) COURSES:

  1. SOUTH 89°41'10" WEST 2639.54 FEET;
  2. THENCE SOUTH 89°41'14" WEST 1657.48 FEET TO THE NORTHWESTERLY LINE OF THE 100 FEET WIDE CITY AND COUNTY OF DENVER EASEMENT, AS DESCRIBED IN BOOK 245, PAGE 288, DOUGLAS COUNTY RECORD;


THENCE ALONG SAID NORTHWESTERLY LINE THE FOLLOWING (2) COURSES:

  1. NORTH 42°39'49" EAST 118.52 FEET;
  2. THENCE NORTH 40°22'09" EAST 3469.11 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF WILDCAT RESERVE PARKWAY (102.00 FEET WIDE), SAID POINT BEING ALSO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 4051.00 FEET, A RADIAL LINE FROM SAID POINT BEARS NORTH 28°02'57" EAST;


THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE THE FOLLOWING (13) COURSES:

  1. SOUTHEASTERLY AND EASTERLY 1378.44 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19°29'46";
  2. THENCE TANGENT TO SAID CURVE SOUTH 81 °26'49" EAST 849.18 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 1501.00 FEET;
  3. THENCE EASTERLY 207.92 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF rS6'12";
  4. THENCE TANGENT TO SAID CURVE SOUTH 89°23'01" EAST 2831.41 FEET;
  5. THENCE NORTH 00°36'59" EAST 2.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID WILDCAT RESERVE PARKWAY (98.00 FEET WIDE);
  6. THENCE SOUTH 89°23'01" EAST 883.87 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 1 951.00 FEET;
  7. THENCE EASTERLY 174.10 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5°06'46";
  8. THENCE TANGENT TO SAID CURVE SOUTH 84°16'15" EAST 1374.14 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 1549.00 FEET;
  9. THENCE EASTERLY 156.43 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5°47'10";
  10. THENCE TANGENT TO SAID CURVE NORTH 89°56'35" EAST 718.87 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 1100.00 FEET;
  11. THENCE EASTERLY 432.05 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22°30'16";
  12. THENCE TANGENT TO SAID CURVE SOUTH 6r33'09" EAST 471.52 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 2049.00 FEET;
  13. THENCE EASTERLY 182.26 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5°05'48"; to THE EASTERLY BOUNDARY OF THE CENTENNIAL WATER AND SANITATION DISTRICT ZONE 3 RESERVOIR, AS DESCRIBED IN BOOK 1409, PAGE 1103, DOUGLAS COUNTY RECORDS; 

THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE AND ALONG THE EASTERLY AND SOUTHERLY BOUNDARY OF SAID ZONE 3 RESERVOIR THE FOLLOWING (2) COURSES:

  1. THENCE SOUTH 10°24'-10" WEST 596.68 FEET;
  2. THENCE NORTH 79°35'45" WEST 336.20 FEET;

THENCE LEAVING SAID BOUNDARY OF ZONE 3 RESERVOIR SOUTH 00°00'00" WEST 2393.06 FEET TO THE NORTHERLY LINE OF THE OPEN SPACE CONSERVATION AGREEMENT (OSCA) BOUNDARY; THENCE ALONG SAID NORTHERLY (OSCA) BOUNDARY THE FOLLOWING (3) COURSES:

  1. SOUTH 89°54'38" WEST 1800.00 FEET;
  2. THENCE SOUTH 89°41'32" WEST 5284.17 FEET TO THE WESTERLY LINE OF SAID SECTION 22·:
  3. THENCE ALONG SAID WESTERLY LINE NORTH 00°42'30" WEST 1334.65 FEET THE POINT OF BEGINNING.


CONTAINING 735.328 ACRES (32,030,892 SO.FT.), MORE OR LESS. EXHIBIT ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF.


C. REY TENNEY

DATE

COLORADO REGISTERED LAND SURVEYOR L.S. 17666

FOR AND ON BEHALF OF AZTEC CONSULTANTS, INC. 


 






 EXHIBIT C (TOP)


TO SUBASSOCIATION DECLARATION

FOR WEATHERSTONE AT HIGHLANDS RANCH ASSOCIATION, INC.

OF HIGHLANDS RANCH COMMUNITY ASSOCIATION, INC. 

(Delegate District No. 88)


Legal Description of Certain Landscape Areas

Tracts Band C

Highlands Ranch Filing No. 118-1

County of Douglas, State of Colorado,

according to the recorded plat thereof.




 EXHIBIT D (TOP)


TO SUBASSOCIATION DECLARATION

FOR WEATHERSTONE AT HIGHLANDS RANCH ASSOCIATION, INC.

OF HIGHLANDS RANCH COMMUNITY ASSOCIATION, INC.

 (Delegate District No. 88)


(See attached Articles of Incorporation of the Weatherstone at Highlands Ranch Association)




 EXHIBIT E (TOP)


TO SUBASSOCIATION DECLARATION

FOR WEATHERSTONE AT HIGHLANDS RANCH ASSOCIATION, INC.

OF HIGHLANDS RANCH COMMUNITY ASSOCIATION, INC.

(Delegate District No. 88)


 (See attached Bylaws of the Weatherstone at Highlands Ranch Association)



  EXHIBIT F (TOP)


TO SUBASSOCIATION DECLARATION

FOR WEATHERSTONE AT HIGHLANDS RANCH ASSOCIATION, INC.

OF HIGHLANDS RANCH COMMUNITY ASSOCIATION, INC. 

(Delegate District No. 88)



 DOCUMENT ACTIONS (TOP)



Recording Requested By, And When Recorded Mail To:


Mission Viejo Company

8822 South Ridgeline Boulevard

Highlands Ranch. Colorado 80126

ATTN: Legal Department


DC9740782


Filing information on every scanned page of the filed document

9740782

07/25/97 15:33

RETA A. CRAIN DOUGLAS CO. COLO. CLERK & RECORDER

B1450 - P1404 - $415.00 - 83 pages


 Legal Terminology (TOP)


 Legal Term
 Definition
 Appurtenant Belonging or pertaining to.
CCIOA Colorado Common Interest Ownership Act - see further.
HypothecatedTo pledge to a creditor as security without delivering over; mortgage.
Recordation
 The act or process of recording a legal document.
SeverableLaw. Separable or capable of being treated as separate from a whole legal right or obligation.
SubrogationCivil Law. To substitute (one person) for another with reference to a claim or right.