What are & Why are there protective covenants?
The Declaration of Covenants is the legal document that lays out the guidelines for the planned community. Covenants are recorded in the county records in the county where the property is located and are legally binding. This means that when you purchase a lot or a single-family dwelling in a planned community you automatically become a member of the HOA.
Basically, Covenants are the rules of your neighborhood and govern what you can, cannot, or must do with respect to your home. For example, Covenants may require you to keep your garage door closed, prevent bright paint colors or prohibit certain types of landscaping. Covenants improve value of the neighborhood
and make it a desirable community to live in.
Can I rent my home for 30 days or less or operate a business from my home?
Section 2. Property use and Buildings, subsection (m) in the Amended Protective Covenants for Fall River Estates states; "The Owner of a single-family dwelling on any Residential Lot may use a portion of the interior thereof for a private office upon the following conditions: that any such use is conducted entirely within the dwelling and is carried on by only the inhabitants thereof without any other employees, paid or unpaid; and that such use is in compliance with the Estes Valley Development Code. Any such use shall be incidental and secondary to the use of the dwelling or the property. Provided, however, no article shall be sold or offered for sale except such as may be produced by Members of the immediate family residing on the premises; and provided that such use does not regularly result in more vehicular traffic in the Subdivision, or motor vehicles being parked upon the Lot at any given time. Operation of a Bed and Breakfast on a Residential Lot shall be considered a business, and is not allowed in the Subdivision. Rental or leasing of all or any portion of a non-commercial residence must be for terms of not less than thirty (30) consecutive days, and any shorter term or vacation rental shall be considered a business, and is not allowed in the Subdivision. Any rental must comply with the Town of Estes Park rental policies.
WHY ARE THERE MULTIPLE HOA'S?
Fall River Estates HOA oversees the entire Fall River Estates subdivision. Some of the multi-dwelling / commercially zoned A/A-1 properties located within Fall River Estates may have separate HOA's and management companies pertaining only to that specific property. These properties must still comply with the (May 15, 2017 - Fall River Estates HOA Amended Protective Covenants), but are excluded from certain restrictions as stated within.
CAN I ESCALATE A DISAGREEMENT WITH MY CONDOS HOA?
As long as the multi-dwelling / commercially zoned A/A-1 property, HOA and management companies, comply with the Fall River Estates HOA covenants and architectural guidelines for these types of properties, Fall River Estates HOA has no governance to hear or represent individual condo owner matters.
Can a recorded owner opt out of membership in the Corporation and therefore opt out from paying annual dues?
Fall River Estates HOA members are defined in the Corporation By- Laws as being any recorded property owner within the Community. Article III, Item #1 reads: “Membership. Every person or entity, whom or which is a record owner... shall be a member of the Corporation”.
There is no provision for opting out of membership in the Fall River Estates HOA. At the point in time when the Fall River Estates subdivision was developed and the HOA created by Del A. Lienemann June 15, 1978 , the first property owner became a member of the HOA and that privilege and responsibility has since passed down.
Why does the annual assessment change and what empowers the board to assess dues?
The Board of Directors was given the authority to set and determine assessments in the By-laws that where created at the same time the HOA was created. Assessments can change from year to year based on real anticipated expenses, such as increases in liability insurance or legal fees. In uncommon situations where unanticipated costs arise, the HOA may assess a special assessment.
Fall River Estates HOA By-Laws empower the Board of Directors through Article II, Item #10, with the authority to levy an annual assessment upon the members. "The Board of Directors shall have the power and authority to levy annual assessments upon the members of the Corporation, for expenses of maintenance of the out lots within the subdivision; legal, accounting and insurance coverage expenses; and other expenses approved by the Board of Directors".
WHY DO I HAVE TO PAY DUES OR COMPLY WITH THE COVENANTS IF NOT INFORMED OF AN HOA AT CLOSING?
Fall River Estates HOA is a non-profit with recorded documents on-file with DORA (Colorado Department of Regulatory Agencies) and Larimer County as the legal entity representing property owners within the Fall River Estates subdivision, as defined and empowered by Colorado State law, to enforce it's covenants, bylaws and articles as stated within.
Failure of the title company and/or real estate agent to disclose such at closing is between you and those parties. Fall River Estates HOA assumes no liability in non-disclosure and is empowered by law to collect dues, assess fees and place leans on property for non compliance and/or covenants violations.
WHAT IS AN OUTLOT?
Fall River Estates has seven outlots which were set aside from the original development for the purpose of fishing and hiking to property owners of Fall River Estates and for Wildlife.