1 RULES AND REGULATIONS SOUTHPARK ... - Southpark HOA II

RULES AND REGULATIONSSOUTHPARK HOMEOWNERSASSOCIATION NUMBER 2TABLE OF CONTENTSI. AUTHORITYII.III.ADMINISTRATIONA. Definitions..........................................B. Leasing Regulations............................C. Rules Violation Procedures...............D. Enforcement.......................................E. Variances...........................................F. Amendment Procedures......................G. Hierarchy of Governing Laws, Rules andRegulations..................................H. Waiver...............................................I. Binding Effect....................................J. Attorney Fees.....................................K. Partial Invalidity.................................GENERALA. Common Properties............................B. Pets....................................................C. Nuisances...........................................D. Vehicular Traffic andParking...............................................E. Architectural Control Rules and Regulations................................................1

I. AUTHORITYA. It benefits all homeowners to establish rules and regulationsfor the common use and enjoyment of Associationmembers. The community of Southpark HomeownersAssociation Number 2 has three goals: to protect eachHomeowner’s investment, to enhance property values, andto improve everyone's living environment.B. These Rules and Regulations have been adopted by theBoard of Directors of the Association pursuant to ArticleVIII, Section 1 of the By-Laws to establish Rules and Regulationsauthorized by the Declaration of Covenants recordedJuly 2, 1982 in Book 3664, Page 531, Reception Number2187628, Clerk and Recorder's Office, County of Arapahoe,Colorado. These rules are supplemental to the Declaration.Time is of the essence in the performance of all the Rulesand Regulations herein.C. The Board of Directors of the Association reserves the rightto amend these Rules and Regulations and to make suchother Rules and Regulations from time to time as may bedeemed necessary for the safety, care and cleanliness of thepremises and for securing the comfort and convenience of allthe occupants thereof.D. These Rules and Regulations shall be construed inaccordance with and governed by the laws of the State ofColorado.E. The paragraph captions are set forth only for convenienceand reference and are not intended in any way to define thescope or intent of these Rules and Regulations.F. The Board of Directors, Association, or any Owner, shallhave the right to enforce, by any proceeding at law or in equity,all rules, regulations, restrictions, conditions,covenants, liens and charges now or hereafter imposed bythese Rules and Regulations.2

G. The effective date of these Rules and Regulations is June,2004 and supersedes any and all previously published Rulesand Regulations.II.ADMINISTRATIVEA. DEFINITIONSASSOCIATION: The Southpark Homeowners AssociationNumber 2.AWNING: A solid color canvas or mesh canopy that isretractable and operates on either a gear/hand crank orelectric motor and is permanently attached to thetownhouse.BOARD: The Board of Directors for SouthparkHomeowners Association Number 2.BY-LAWS: The laws or rules governing the internal affairsof Southpark Homeowners Association Number 2 asadopted by the Board of Directors on February 5, 1982 andas subsequently amended.COMMON PROPERTY: All real property owned by theAssociation for the common use and enjoyment of theOwners.DECLARATION: The Declaration of Covenants andRestrictions of Southpark Homeowners AssociationNumber 2 recorded July 2, 1982, Book 3664, Page 531,Reception No. 2187628, Clerk and Recorder's Office,County of Arapahoe, Colorado.GUEST PARKING AREA: Any parking which is shownon the plat and which is designated for use by guests only.LEGAL DOCUMENTS: All formal documents entered3

into by the Southpark Homeowners Association Number 2.NOTICES: All notices, requests, demands, waivers andother communications given for the purpose of enforcingthose Rules and Regulations will be in writing, and unlessotherwise specified, will be deemed to have been given,delivered in person or mailed by first class, certified or registeredmail, postage prepaid.OWNER: The person(s)/entity that has title to theproperty, in accordance with the Declaration.PROPERTY MANAGER: An agent authorized by theBoard to oversee the daily operations of the Association.RESIDENT: The Owner who is also an occupant of a unitor the renter/lessee of a unit.RETRACTABLE SUN SCREENS: A hooded, top,mounted vertical drop sun screen with or without side railsand a weight bar that operates on either a gear/hand crankor electric motor.RV: A Recreational Vehicle or camper with living and/orsleeping accommodations.TRUCKS: Any vehicle which is licensed as a truck or designatedby the manufacturer as a truck, or used or intendedfor use primarily to haul or carry materials or equipment.UNIT: A townhome that is identified with an addressnumber and is generally considered as a home.B. LEASING RESTRICTIONS1. All Renters/Lessees must comply with the Legal Documentsof the Association. All leases must be in writing. TheOwner must include in any lease that the lease terms aresubject to the legal documents of the Association. Copies of4

the Legal Documents can be obtained from the Association.2. The Association is a residential area and those Owners whoare using their Unit as a rental unit must keep this in mindwhen considering prospective tenants. The names and motorvehicle identification or license numbers of all Renters/Lesseesmust be filed with the Property Manager, 2850West Long Drive, Littleton, Colorado 80120, within ten (10)days of the lease's effective start date.3. All Legal Documents and copies of current Association Rulesand Regulations must be given to the Renter/Lessee by theOwner or Designate.C. RULES VIOLATION PROCEDUREResidents, Absentee Owners and Renters/Lessees must complywith the Rules and Regulations and the Legal Documents, exceptwhere a variance is requested in writing and approved by theBoard. Steps in the rule violation procedure are as follows:1. A resident who observes a rule violation reports such aviolation to the Property Manager.2. The Property Manager mails written notice to the Residentand/or the Owner.3. If the infraction is not remedied in the specified timeframeor recurs, the Property Manager reports details to theArchitectural Control Committee and/or the Board.4. The Property Manager will advise the Resident and/orAbsentee Owner, with a second written notice of the rulethat is being violated and request immediate compliancewith the rule.5. If the infraction is not remedied or recurs after the secondwritten notification, the Architectural Control Committeeor the Property Manager arranges a hearing for the owner5

with the Board to resolve the problem.6. If the issue is not resolved or the Resident or AbsenteeOwner fails to appear before the Board when requested, theviolator will be subject to any penalties as set forth below.D. ENFORCEMENT1. When the Rules Violation Procedure has been followed, andcompliance is not evidenced, the Board may invoke one ormore of the following remedies:a) Impose a fine, upon written notice delivered by firstclass and certified mail to the Owner, jointly andseverally, of not more than fifty dollars ($50.00) for thefirst violation, not more than seventy-five dollars($75.00) for a second similar violation, or continuationof the original violation and not more than one hundreddollars ($100.00) for continued violations, each subsequentsimilar violation, or continuation of the originalviolation. Such fine(s) shall be payable within thirty(30) days of receipt of said notice.b) The amount of damage, as a result of the violation, willbe assessed to the Owner, jointly and severally; and/orc) Pursuant and in addition to those remedies contained inthe Association's Legal Documents, take legal actionagainst the Resident and Absentee Owner in response tothe violation. Said remedies shall include, but not be limitedto, injunctive relief and damages. In any such actionfiled, the Owner shall be jointly and severally liable forall costs incurred, including attorney fees of the Association.2. The Association may file and enforce a lien against theviolator's property, upon Notice to the Owner, for failureto pay the fines and penalties herein.6

3. All applicable City of Littleton City ordinances andColorado laws are enforceable as to the Associationresidences, Residents, Owners, and the Common Area, andmay be acted upon without regard to the above enforcementprocedure.4. Non-enforcement of any Rule and Regulation shall, in noevent, constitute waiver of that Rule or Regulation.E. VARIANCESAn architectural variance must be requested from and approvedby the Architectural Control Committee in writing; any othervariances must be approved by the Board in writing and be reflectedin the Minutes of a Board Meeting in order for a Residentand/or Owner to deviate from the published Rules and Regulations.F. AMENDMENT PROCEDURES1. Any Owner who feels that an amendment to the Rules andRegulations is warranted may submit a request for suchamendment, in writing, to the Board. The request mustindicate the present rule, the proposed amendment orchange, and the reason for the amendment or change.2. The Board, at its next regularly scheduled meeting, willweigh the merits of the proposed change. If the proposal isdisapproved, the Property Manager will notify the Owner ofthe Board’s decision, in writing, and the Board’s reason fordisapproval.3. The Owner may again present his or her proposal, in personat the next regularly scheduled Board meeting if he or shefeels that further discussion is warranted. The Board willhear such further arguments and another vote will be taken.4. No oral amendments, statements, or promises will be enforceable.These Rules and Regulations may be amended by7

a board motion duly recorded and voted on at a regular orspecial meeting of the Board or by an instrument in writing,approved and signed by a majority of the Board ofDirectors, at any regular or special meeting.G. HIERARCHY OF GOVERNING LAWS, RULES ANDREGULATIONSThe bodies of the Association's governing laws, indescending order of supremacy are: (1) The "Declarations ofCovenants, Conditions and Restrictions"; (2) the "Articles ofIncorporation"; (3) the "By-Laws"; and (4) the "Rules andRegulations". If two bodies of the governing laws are inconflict, the conflict will be resolved by applying the lawwhich is the more supreme of the two bodies.H. WAIVERNo waiver of a rule or regulation, or a violation thereof,shall be deemed to exist unless waived in writing by all ofthe members of the Board. No exercise or failure to exerciseany right or power with regard to these Rules andRegulations or the Declaration of Covenants shall equal awaiver of said rights or powers.I. BINDING EFFECTThese Rules and Regulations, their terms, conditions, and thecovenants herein shall be binding upon and inure to thebenefit of and extend to the heirs, personal representatives,successors, guests, and assigns of the respective Owner’shereto.J. ATTORNEY FEESShould litigation regarding these Rules and Regulations or theDeclaration of Covenants to which they apply be commencedby a party subject to these Covenants herein, theprevailing party shall be entitled to all reasonable attorney8

fees and costs related to such litigation.K. PARTIAL INVALIDITYIf any term of these Rules and Regulations, or theapplication of these Rules and Regulations, is deemed to anyextent invalid or unenforceable, the remainder of the applicationof the rule to persons or circumstances other thanthose to which the Rule or Regulation is held invalid orunenforceable will not be affected by the application, andeach Rule and Regulation will be valid and will be enforcedto the fullest extent permitted by law.III. GENERALA. COMMON PROPERTIES: Common Properties areconsidered by all and any Association property outside theboundaries of an individual's unit and/or lot. CommonProperties are designed to enhance the appearance of the overalldevelopment and to provide ingress and egress to individualunits. Every Owner and/or Resident shall have an equal right tothe use and enjoyment of the Common Properties as long as thatuse does not interfere with access to an individual unit or violateany of the following rules:1. All trees, shrubs, plantings, etc. within the Common Propertiesare the responsibility of the Association to maintain.Should there be any greenery that requires attention,Owners should notify the Property Manager. Anyone willfullydamaging trees, shrubs, evergreens, grass, flowers,fences, etc. will be financially responsible for the repair orreplacement of such items. Climbing trees is strictlyprohibited.2. Firearms or projectiles of any kind are not allowed in theCommon Properties.3. Golfing or golf shots are not to be practiced in the CommonProperties.9

4. No trash, bottles, cans, etc., shall be discarded in theCommon Properties, except in proper waste receptacles.5. No Resident and/or Owner property shall be stored in anyCommon Properties.6. Residents shall exercise reasonable care to avoid loud andobjectionable noise while using the Common Properties,especially in the driveways which are often under residents’bedroom windows.7. No roller skating, in-line skating, skateboarding, or riding ofgo-peds, 3 or 4-wheelers, scooters or bicycles is permitted onsidewalks (not adjacent to public streets) or within the confinesof the pool, tennis courts, or in the Common Properties.City of Littleton public sidewalks and streets areexempt from these restrictions but are covered by City ofLittleton ordinances.B. PETS1. Allowable pets within the Association community are solelydomestic animals such as dogs, cats and fish.2. All household pets, which include dogs, cats, fish or otherbonafide household pets, within the Common Properties,must not cause objectionable noises or otherwise constitute anuisance or inconvenience to any of the Residents, and mustbe kept in accordance with the City of Littleton AnimalControl, Ordinances, and the Rules and Regulations setforth in paragraphs 3 and 4 below.3. All dogs shall be kept on leashes and attended by theirOwners when present in the Common Properties. No petsare to be tethered on any of the Common Properties, i.e.stakes, trees, bushes, light poles, etc. Pets are strictly prohibitedin the swimming pool and tennis court areas and are notto be tied to any porch or deck in a manner that allows the10

animal access to the Common Property4. An Owner or Resident is responsible for any damage causedby their pet. An Owner or Resident shall also be obligatedto immediately clean up after their pet while it is on theCommon Properties. Any violations will be subject toFines and Penalties contained in Section II (D) herein.5. Any Owner or Resident who maintains a pet in theAssociation agrees to indemnify the Association from anyloss, claim, or liability arising by any reason of keeping suchpet.C. NUISANCES1. No noxious or offensive activity shall be carried on in anyproperty within the Association, nor shall anything be donetherein which may be or become an annoyance or nuisanceto the neighborhood and other Residents. No businessactivities that infringe on the rights of neighbors shall beconducted.2. No Resident or Owner shall make or permit any disturbingnoises in his residence by any party; nor do or permitanything to be done by any party on the Common Areathat will interfere with the rights, comforts, or convenienceof other Residents. City of Littleton regulations regardingdisorderly conduct are enforceable.3. Parents shall be held responsible for the actions of theirchildren. Children's toys or playthings shall not be left onthe lawn or Common Area when not in use. Residents andOwners agree to indemnify the Association and its agentsfor children left unattended or any harm occurring byreason of non-attendance.D. POLITICAL SIGNS1. Political Signs are defined as, “a sign that carries a message11

intended to influence the outcome of an election, includingsupporting or opposing the election of a candidate, the recallof a public official, or the passage of a ballot issue.” Signsthat convey general political or ideological beliefs, unless aballot issue, are not meant to directly influence an election’soutcome and are not considered political signs under thissection. Political signs are allowed parallel to a townhouseLot bark bed no sooner than 45 days before and 7 days afteran election. Such signs may be no larger than 36” X 48”.Such signs shall not be displayed from balconies or patios.Only one sign per candidate and one sign per issue arepermitted to be displayed on a single town home property.E. VEHICULAR TRAFFIC AND PARKING1. No Owner or Resident-owned vehicle, leased, rented, orotherwise the property or responsibility of the Owner orResident shall be parked in a parking space designated asGuest Parking. All violators will be subject to theenforcement provisions contained herein.2. All vehicles parked in areas designated as "No Parking FireLane" shall be reported to the Littleton Police Departmentand will be subject to enforcement by the City of Littleton.3. The Association shall maintain one or more signs posted onits Common Area indicating that illegally or improperlyparked vehicles will be ticketed. Thereafter, any vehicle thatis improperly parked on Common Property shall beticketed without further notice.4. No repairs or maintenance involving automotive fluids shallbe done on vehicles in the Association's maintainedCommon Properties including, but not restricted to, guestparking, alleys, driveways and clubhouse parking area.5. No recreational vehicles, boats, trailers, or trucks shall be parked inthe areas defined as Guest Parking or Common Property ordriveways on Association property. Recreational vehicles, trailers,campers and commercial vehicles parked on public streets are12

subject to enforcement by the City of Littleton.6. Penalties for the violation of the above-defined vehicular parkingrules will result in ticketing by the City of Littleton PolicyDepartment.Formatted: Bullets and NumberingF. ARCHITECTURAL CONTROL RULES ANDREGULATIONSSee following RESIDENTIAL IMPROVEMENT GUIDE-LINES incorporated herein as an addendum to the Rules andRegulations.13

RESIDENTIAL IMPROVEMENT/ ALTERATIONGUIDELINES AND RESTRICTIONSOF USE FOR SOUTHPARKHOMEOWNERS ASSOCIATIONNUMBER 2GOAL OF GUIDELINESCompliance with these guidelines and the provisions of theDeclaration will help preserve the inherent architectural andaesthetic quality of the Association. It is important that theimprovements/ alterations to the property be made in harmonywith and not detrimental to the rest of the community. A spiritof cooperation with the Architectural Control Committee andneighbors will go far in creating an optimum environment thatwill benefit all Owners. By following these guidelines andattaining approvals for improvements/ alterations from theCommittee, Owners will be protecting their financial investmentand will help insure that improvements/ alterations are compatiblewith the standards established for the Association.I. INTRODUCTIONA. DEFINITIONS: The following words when used inthese guidelines shall have the meanings hereinafterspecified:1. DECLARATION. Shall mean theDeclaration of Covenants and Restrictions of Article II,Section 8 of the By-Laws recorded July 1, 1982 in Book3664, Page 531, Reception No. 2187628, Clerk andRecorder's Office, County of Arapahoe, Colorado onany amendments.2. COMMITTEE. Shall mean the ArchitecturalControl Committee duly appointed in conformance withArticle IX, Section 1 of the By-Laws.14

3. CONTENT OF GUIDELINES. In additionto the introductory material, these guidelines contain:(a) a listing of specific types of improvements/alternations which Owners might wish to make, and(b) a summary of procedures.4. GUIDELINES FOR THE COMMITTEE. Allexterior improvements/ alterations Owners wish tomake to townhomes in the Association are subject tothe approval of the Committee.5. EFFECT OF THE DECLARATION. Copiesof the Declaration. By-Laws, and Rules and Regulationsare given to new townhome Owners when theypurchase their homes and are available on theAssociation’s website: www.southpark2-hoa.org,Nothing in these guidelines shall supersede or alter theprovisions or requirements of the Declaration. Articlesof Incorporation, or By-Laws.II. SPECIFIC TYPES OF IMPROVEMENTS/ALTERATIONSGENERAL The following is a wide variety of specific typesof improvements/ alterations which Owners typicallyconsider making. Committee approval is required on theseimprovements/alterations and on any improvement/alteration not specifically discussed below. Some types ofimprovements/ alterations are prohibited.A. AIR CONDITIONING EQUIPMENT/WINDOW AIRCONDITIONERS - If not builder installed, PropertyManager approval is required. Requests for installation of awindow air conditioner must be made in writing to theProperty Manager. Property Manager approval in writing isrequired prior to installation. No installation is permitted onthe roof. Swamp Coolers are not permitted. One windowair conditioner per unit is allowed and only on the second15

floor at the rear of the unit facing the alley. Air conditionersmay be installed on or after April 1, and must be removedon or before October 31. No external brackets, supports orcabling will be allowed.B. ANTENNAE - Exterior radio television, satellite,microwave, or other antennas are permitted only as follows.Dish antennas are permitted in accordance with the FederalCommunications Commission (FCC) regulations regardingthe Telecommunications Act of 1996, giving jurisdictionover homeowners associations’ Convenant Controls andRestrictions on prohibiting the mounting of antennas andsatellite dishes one (1) meter (39”) or less in diameter onhomeowners’ property. Satellite dishes above one (1) meter(39”) in diameter are still restricted under the presentConvenant Controls and Restrictions. The followingCommittee rules must be followed prior to installing asatellite dish network system:In order to trace and keep a file on Owners that haveinstalled a satellite dish, the Committee requests the Ownersubmit a written statement for installation to the PropertyManager. Instructions on what to include in these statementmay be obtained from the Property Manager.C. AWNINGS – Retractable awnings which are permanentlyattached to the townhouse are allowed; however, requestsfor installations of such awnings must be submitted inwriting to the Property Manager prior to installation.Retractable awnings will only be permitted over thepatio/deck. Retractable awnings for windows areprohibited. The size of the retractable awning may not belarger than the patio/deck.. Upon receiving a request forretractable awning installation, the Committee will review itand respond with any conditions the Committee deemsnecessary at that review.Owners are responsible for maintaining approved retractableawnings in good working order. If retractable awningfixtures are allowed to degrade, become unsightly, broken,16

faded, or torn and tattered and not replaced, the PropertyManager will request the Owner to remove the retractableawning fixture.D. BASKETBALL BACKBOARDS AND HOOPS - Notpermitted.E. BIRDFEEDERS – Committee approval is not required forinstallation of birdfeeders on the Owner’s property. Anybird feeder attached to branches from trees planted in thecommon area and extending into the Owner’s property isthe responsibility of the Owner. Birdfeeders, bird houses, orbirdfeeder pole attachments will not be permitted in theCommon Property. Guano droppings or decomposed,discarded, damp, or moldy seed hulls, and seed debrisaround the birdfeeder, if allowed to accumulate and moundbelow the birdfeeder becomes a health hazard. The PropertyManager will request that the Owner or Resident clean thearea around the feeder, or remove the feeder. If the Ownerwill be subject to the procedures outlined in theEnforcement section of the Association Rules andRegulations, outline above.F. CLOTHES LINES AND HANGERS – Committeeapproval is required. A retractable clothesline only.Placement of the clothesline no higher than the height of thepatio fence/enclosure (excludes the common patio walls).No structural changes or additions to the building or patio.Housing for the line must be painted the same color asbuilding. Only laundry is to be hung on the line and neveris any part of the laundry to be draped over any part of thepatio fence/wall. Laundry may be on the line from 6:00AM to 6:00 PM, never overnight.G. DECKS - Committee approval is required.H. DOORS - The addition of screen, security or storm doors orabove ground level window protection requires Committeeapproval.17

I. FENCES - Fences and/or walls may not be changed, altered,removed or replaced. Nothing shall be hung on or over thefences of any permanent nature. No trellis shall be erected.J. FLAGPOLES - Free standing flag poles are not allowed.K. FRONT ENTRANCE - No artificial turf, carpet, or similarmaterial is allowed outside the front entrance. Door matsare permitted and do not require approval.L. HOT TUBS, JACUZZI AND SPAS - Committee approvalis required. In addition, it must be an integral part of thedeck or patio area and the top of the tub may not be visibleabove the fence line or wall.M. LANDSCAPING - Changes, additions or alterations ofexisting Common Property landscaping is not permitted.Committee approval is required for any landscaping,planting, clearing or removing of trees, shrubs, grass orplants on individual lots.N. LIGHTS AND LIGHTING - All exterior lighting requiresCommittee approval.O. RETRACTABLE SUN SCREENS - Retractable sun screensshall be allowed only with the prior approval of theCommittee. The Committee shall review the design, material,color and/or pattern of the retractable sun screen andforward any stipulated conditions to the owner.P. ROOFTOP EQUIPMENT - Placing anything on the roofshall require Committee approval.18

Q. SEASONAL DECORATIONS - These are permitted withthe following qualifications:1. Holiday decorations shall not be displayed prior toThanksgiving and must be removed by January 15of the following year.2. No lawn figures, roof figures, or audible music is allowed.3. Other holiday decorations may be displayed andmust be removed within one week of the celebratedholiday.R. SCREENS – All moveable windows in townhomes musthave well-maintained screens (no frays, warped frames, wornareas, holes, tears, etc.) at all times. This includes patiodoors, screen doors, and sliding doors. The PropertyManager will notify any owner with unsightly or damagedscreens to repair them.S. SHUTTERS - Shutters are not allowed on the exterior ofany Townhome, unless builder installed.T. SIGNS AND ADVERTISING - No signs or advertising ofany type shall be erected on the Common Property excepttraffic control type signs erected at the discretion of theBoard of Directors. Two signs (no larger than 18" x 24")advertising homes for sale or rent shall be allowed, providedthat these "For Sale" and "For Rent" signs shall be placedonly inside a unit, in a front window, alley window, patiowindow, or outside the unit parallel to the townhome in thebark bed. Such signs are not permitted in the grass areasacross walkways. The Association permits residents todisplay one political sign for each issue or candidate (nolarger than 18” x 24”) either in a window of the unit oroutside the unit parallel to the townhome in the bark beddirectly in front of the townhome. Such display of apolitical sign is only permitted 45 days prior to an election19

and no longer than seven (7) days following the election.U. WALLS - Outside walls, chimneys and roofs shall not bemodified, changed, or altered in any way. The outside wallsand chimneys should be free of any decorations that arevisible from the Common Properties.V. WOOD STORAGE - Committee approval is not needed tostore wood. It is recommended that wood be stored in thegarage. Small amounts may be neatly stacked on the patiobut may not block drainage patterns nor be above the heightof the fence line. Wood may not be stacked in the CommonProperty or on front porches.III. PROCEDURE FOR COMMITTEE APPROVALA. GENERAL - In all cases, improvements/ alterations requireadvance written approval of the Architectural ControlCommittee before the improvement/alteration to theproperty is started.B. DRAWINGS AND PLANS - Drawings or plans detailingthe proposed improvement/alteration must be submitted inaccordance with Article VIII, Section 1 of the Declaration.Simple drawings and descriptions may be sufficient. Twocopies of the plans should be submitted to the Committee.One copy will be returned to the Owner after theCommittee has acted. The plans may be faxed or mailed tothe Property Manager.B. ACTION BY THE COMMITTEE - The Committee shallmeet and render its decision within thirty (30) days afterreceipt of the Owner’s plans. This can be extended ifmutually agreed upon. If the Committee does not make adecision in the thirty (30) day period, theimprovement/alteration will be deemed to be approved.C. EXPIRATION OF COMMITTEE APPROVAL - Plansand requests directed to the Committee that have been20

approved expire six (6) months after date of approval. Anyprojects not begun by the expiration must be resubmitted tothe Committee for approval.D. NOTICE OF NON-COMPLIANCE - The Committeeshall have the right to inspect the work within sixty (60)days of completion. The Committee and/or PropertyManager will notify the Owner in writing of any noncomplianceif the Committee finds that anyimprovement/alteration has been done without the approvalof the Committee, or not done in compliance with thedescription furnished to and approved by the CommitteeE. RIGHTS OF APPEAL - Every Owner or Resident subjectto these Rules and Regulations has a right to appeal anydecision made by filing a notice of appeal with the Board ofDirectors.IV.VIOLATION OF IMPROVEMENT/ALTERATION GUIDELINES - FINES ANDPENALTIESAny violation of the Residential Improvement/ AlterationGuidelines and Restrictions of Use set forth herein shall besubject to the Rules Violation Procedure and Fines/Penaltiesprovision set forth in Article II, Paragraphs C and D of theduly adopted "Rules and Regulations - SouthparkHomeowners Association Number 2" incorporating thisaddendum.21

RESOLUTION FOR THESHUTOFF OF WATER SERVICEPursuant to Article XI, Section 8 of the Declaration ofCovenants and Restrictions for the SouthPark HomeownersAssociation No. 2, members have water service provided to theirLot served from the Association's common water meters.Members are charged a pro-rata portion of the total domesticwater used. All monies received by the Association are depositedin a separate account to be held and disbursed only for paymentof these charges to the appropriate governmental entity. Theaccount is to be treated as a "Trust Account", and is neither anasset nor liability of the Association.Water provided to the Association is through the Denver WaterDepartment. The Association maintains a separate account forthe collection of monies from Owners and for the payment ofwater service to the Denver Water Department. The DenverWater Department terminates the water service for delinquentaccounts. The Association is subject to the shutoff of the waterservice provided to the properties if payment to the DenverWater Department becomes delinquent. In response to increasingdelinquency in the payment of assessments by Owners, theAssociation deems it necessary to effectuate a policy for theshutoff of water service for nonpayment of assessments.BE IT RESOLVED that the Board of Directors of SouthparkHomeowners Association No. 2 adopts the following resolutionproviding for the shutoff of water service for a owner who isdelinquent in his/her Owner assessments. Water service can,consistent with this Resolution, be shut off to an Owner who isdelinquent in his/her assessments, provided the following conditionsare met:1. If an Owner is delinquent for two or more monthsin his/her Owner’s assessments, the Board, byresolution, can order that Owner’s water service tobe shut off. The resolution shall specify a shutoffdate which shall be at least four weeks from the date22

that the resolution is adopted.2. Within forty-eight (48) hours from the date that theresolution is adopted, the Warning Letter shall bemailed to the Owner and if the home is occupied bya tenant, the Warning Letter shall also be mailed tothe tenant, if the name of the tenant is known, oraddressed to "Occupant" if unknown, or posted onthe premises door. The warning letter shall statethe proposed action of the Board and the date theaction is to be taken. The warning letter shall alsostate that the Owner and/or Resident of the homehas a right to a hearing before at least four membersof the Board, provided a written request for ahearing is made at least forty-eight (48) hours beforethe shutoff date. The warning letter shall alsoadvise the Owner of this resolution and advise theOwner where a copy of this resolution can be obtained.3. If the Owner requests a hearing, the Board, if aquorum is present, shall consider the position of theOwner, whether the water service shutoff shall beimplemented, cancelled or delayed. If no quorum isobtained, the Board can only decide to delay theshutoff until the Owner’s position is considered bya quorum of the Board. In the event there is noquorum present, and the Board decides to delay theshutoff, another hearing shall be scheduled beforethe Board.4. In deciding whether to implement the shutoff, theBoard may consider all relevant facts, including, butnot limited to, the following:a) Whether the shutoff will create an unreasonablerisk to the health of the occupant ofthe unit.23

) Whether the shutoff will create an unusual riskof significant property damage to the unit or toproperty in the unit.c) Whether the Owner is facing a bona fidefinancial hardship and whether he/she hasmade a proposal which will bring the assessmentscurrent in a reasonable length of time.d) If the unit is occupied by a tenant, whether thetenant paid his/her current rent on the unit.5. If the Board decides to delay the shutoff, pendingthe happening of conditions (such as payment bythe Owner) and those conditions are not met, theBoard, without further hearing may proceed withthe shutoff procedure. Written notice of theshutoff shall be mailed to the Owner and Resident,or posted on the property, at least ten (10) daysbefore the shutoff.6. After the shutoff, if the Owner either pays thedelinquent assessments plus the Association's costfor turning off (and restoring) the water service ormakes arrangements which are satisfactory to theBoard for payment, the water service shall beturned back on without unreasonable delay.7. In addition to shutting off the water service, theBoard may take any of the following actions:a) Foreclose its assessment lien on the Unit;b) File a lawsuit against the Owner for the delinquentassessments;c) Obtain a Court appointed receiver to collectthe rents and maintain the home;24

d) Suspend voting rights;e) Take any other action permitted by theAssociation's governing documents and the laws ofthe State of Colorado.25

ENACTED THIS 18th day of February, 1993, by the Board ofDirectors, SouthPark Homeowners Association No. 2By: /S/ PresidentATTESTED TO BY:By: /S/ SecretarySTATE OF COLORADO )) ss.COUNTY OF ARAPAHOE )Subscribed and sworn to before me this 18th day of February, 1993,by Norma Laurita and David C. Van Lauwe, President and Secretaryof Southpark Homeowners Association No. 2./S/Notary PublicMy commission expires: 07/01/9526

WATER SHUTOFFPROCEDURE CHECKLISTOwner Name and Unit address: (Mailing address if different fromunit):______Owner’s due date: _________(Owner must be at least two months delinquent)______ Resolution adopted by Board as to this Owner and shutoffdate set at least four weeks away:______ Resolution adopted: __________________ Shutoff date and time:___________________________________ Warning Letter delivered/mailed within 48 hours ofadoption of ResolutionMailed __________________Posted _________________Owner ___Tenant _________ Written request for hearing received from Owner. (Must bereceived at least 48 hours prior to shutoff time)Time received ___________Date received _________________ Hearing conducted by at least 4 Board members on_____________ (Date). (List who was present and whetherquorum obtained. Unless a quorum is present the onlydecisions that can be made is to delay the shutoff .) Decisionmade to:implement shutoff_______delay shutoff___________cancel shutoff________________ Shutoff implemented and Water Shut Off Notice sent atleast 10 days before shutoff:27

______ Date Mailed ; _____ Date Posted on Door______ Date and Time of Actual ShutoffWATER SHUT OFF NOTICETO:_________________________FROM: BOARDOF DIRECTORSSouthpark Homeowners Association No. 2PLEASE TAKE NOTICE AS FOLLOWS: The Owner(s) of theabove-referenced property is/are delinquent in the payment ofmonthly Owner association assessments, including assessments forwater, which are due the Southpark Homeowners Association No. 2.On______________________, a resolution was adopted by the Boardof Directors which authorized turning off the water at yourresidence. You were previously mailed a Warning Letter of theproposed action by the Board and provided an opportunity for ahearing before the Board. A copy of the resolution authorizing theBoard to shut off your water is enclosed herewith.Please take notice that on __________________, the Board ofDirectors voted to shut off the water at _______________________The assessment owed to the Southpark Homeowners AssociationNo. 2 now totals $_________ through ______________________.The Association will shut off water service of your residence notearlier than ten (10) days after the date of this notice, and not laterthan __________________. You have a right, as a Owner oroccupant, to a hearing before at least four (4) members of the Boardof Directors, provided a written request for such hearing is receivedat least forty-eight (48) hours before the shutoff date above.PLEASE TAKE NOTICE THAT YOUR WATER WILL BESHUT OFF AFTER 5:00 P.M. ON ____________, UNLESSYOUR DELINQUENT ASSESSMENTS ARE PAID IN FULLOR SATISFACTORY ARRANGEMENTS ARE MADE FORPAYMENT PRIOR TO THAT TIME.SOUTHPARK HOMEOWNERS ASSOCIATION28

NO. 2By: ______________________________________29