HomeMy WebLinkAbout1.0 ApplicationBEFORE THE BOARD OF COUNTY COI'TMISSIONTRS OF
GARf IELD COUNTY, C0l-0tU\t)0
8-t-T Ill_0! _r_q3 _E {i-rlPT I Ory
Pursuant to C.R.S. (1973) Section 30-28-101 ( 10) (a)-(O) as arnended, anrt
the Subdivis'ion Regulations of Garfield County, Color-ado, adopted September 1,
197? and amcnded April 14, 1975, Ser:tion 1.02.17 (d) arrd 3.02.01 the under-
signed Rlchard M. _{Snnlaeg_
respectfu'l1y petitjons the Board of County Comnrissioners of Garfield County,
Colorado, to exenrpt by rese'!ur. n; the division of .. -3,_!-.-__acre tract of
land into 2 tracts of approximatelv __ 3.2 _qn_d.-._2-*= acres each,
nlrre or less, and which tract to be subdivided is more particularly described as
fol I ows :
(1eoa1 description - attach separate sheet
i f addi ti c,nal snace i s requi red),i
.va.Iley-vlev lgll_4p4ggr,!"9-:_"99-t _q!!gc_[q_{ _q!Le-q!_ _f -qr .I_e_gq}_ oesSflgtlgryjg__lllgJ
jf !t,L-qinqr:_E!sg":_.Thiq _n_!_tJtrcn alsc inctudes the
fg!yg$1g-_{_t!e- 52 apartmelrt{_tc qe1q1a'r!1p{_ygt_e _.{4-e.LSh_U_g!_l!E_d_@inl.t4q1s .
from the definitions of "subdivision" and "subdivision land" as the terrns are used
and defined in C.R.S. (1973) Section 30-28-101 (a) - (d) and the Garfield County
Subdivision Requlations, for the reasons stated below:
Fer sec. 3. 02.oI of tg!g1f!!g-ISgg]_q[9lgj_*_Tt l._ $St yJrl ngg]Leonrrerr!
renta 1 prorpcrty to lndlrrtdua f tlef$lp j_ij!cot_eqq$g__
parkl.ng epaces, u!}Mg1, and _serviggg_L[ea_qI- ix-1-9_! : _
or Eore lntenslve uee ts requested
In support of this petition the petitloner also suhmits the followino:
(a) Map drawn to scale showinq proposed
I of subd'ivi s ion and access.(b) Vicinity Map.(c) Staterment on source of domestic water.(d) Statement on method of sewage disposal.(e) 100 year floodplain infonnaiion wirere'live stream crosses or adjoins said tract.(f ) Fee in the amount of $-_5-l+_.o_o-*
submitted at Glenwood springs, colorado, thjs ]_z_trr__!ay of_Jsfirery___, tgls
7r'*-^*Lb-.
!1qher_o_lL_JerI6Pet'itioner
Valley Vleu Assoclates
P.0. Ilcx X
]railiris Tiiaies
Basalt, CO. 8f5ef
- 9117-:3-l-6.1
Te1 ephone Number
STATE},TENT
I. OINERSHIP. The prcperty ls crned by VaIIey View Assoclates, a
Coloradc limtted partnership. Richard M. Jennlngs Is a general partner
thereof.
2. IAICR COORDINATION. Thls subdlvlslon exempticn ts submttted ln
accordance wlth the guldance given the onners by the Garfleld Cannty
Attorney and Chlef Planner in December, L%8.
3. DCMESTIC WATER. The house and apartnents are already served by
tbe rater system of the West Glenwccd Sprlngs Water Dlstrlct. Noslgnlflcant water problern exlsts.
l+. SEIJAGE DISPOSAL. The hcuse and apartuents are already ccnnectedto and served by the serage system cf the West Glenwood SprlngsSanltatlon Dlstrlct. No slgnlflcant sexage problem extsts.
5. FLOODPLAIN INFORIIIATION. There ls nc llve streau or f lccaplaln
crosslng cr adJclnlng the sald traet.
6, CONDOIINIUM MAP. The exlstlng apartnents vlII be surveyed as
separate ccndcmlnlun units, "lndlvldual alr space unlts" as deflnedln CRS Chapter ItB, Artlcle 15. The genera.l ccmmcn elements ulllccnsist cf most cf the property rematnlng after exeluslm cf the
ccndcmlnlum unlts and the 7,518 sq.ft. Ict for the horse. (See thcdraft COND0{INIUM DIEIAMTION attaehed.) ttu ccn<icnlnlun map shaII
be recorded with the Garfleld County Reeorder.
7. CONDOMINIUM DECIAMTION. There ls attached hereto a draft cf the
proposed ccndcminl"F declaratlon and bylaws for the condcmtnlums. These
documents, uhen approved and put 1n flnal form, shall be reccrded vlth the
Cannty Recorder.
B. NONPROT'IT CORPOMTION. The Ccndcmlnlum Assoeiation, lf apprcved, shall
be lncorporated as a Colcrado Not-For-Profit Ccrporation. The prcposed bylaws
are attached.
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'Rlchard ttt. lenn*{{s /
General hltnedu/
And FroJect Representatlve
VaIIey Vleu Asselates
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5ITE PLAN
VALLEY VIE\,V WEST APTs,
( sce also ctc'l-ailrd suYv€1 ,nop )
FRONTA6E'RoAD u,5,61;,4
DESCRIPIION.-TO4TAL I'ROPERTT, VALLEY VIE}I }IEST APARI'I,{ENTS
A parcel of land situated in Lot 4 and in the NWkSWt of Section5, T. 5 S., R. 89 w. of the 6th p.M., Iying Southerly of thesoutherly right-of-way line of a county- noia as consiructedand in place and westerly of a fence ai constructed and inplace, said parcel is describe<l as follows:
Beginning at a point on the southerry right-of-way line of saidCounty Road, said point being in said fence, whenle the Southeastcorner of section 34, T. 5 s., R. 89 w. of the Gth p.l,t. bears:N. 23"20'52" W. 947.60 feet;thence S. 0Io44 '00', W. 265.56 f eet along said f ence;thence N. 85o16'00" W. 330.40 feetitt'ence N. 0ro44'00" E. 593.23 feet to apoint on the southerlyright-of-vray line of said County Road;thence s. 5r"30'00" E. r3B.05 feet along said right-of-$ray line;thence s. 39024'oo" E. 320.50 feet alon! said right-or-wai line;thence s. 66"09'00" E. 9.70 feet arong Jaid righ[.-of-way iirreto a point in said fence, the point oi beginniig.
There is EXCEPTED from the following to wit:
Beginning at a point whenceabove described tract bears:thence S. 49o17r04,' E. 60.OOthence S. 28"54,42" W. 30.OOthence N. 49o17.04,, W. 60.00thence N. 28"5 4t 42" E. 30. O0
the Most NortherlyN. 23032'49" w.feet;feet;feet;feet to the point
corner of the
61.57 feet;
of beginning.
COUNTY OF GART'IELD
STATE OF COLOTTADO
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5 January I 979
Job llo . 78483
LEGAL DESCRIPTI0N - House Parcel
A tract of land situate in Lot 4,
Range 89 l,lesi, of the 6th Pr'incipa'l
described as follows:
Section 5, Tovrnship 6 South,
l4eridian being more particularly
,r I.
tJeginn'ing at a point whencr a brass cap for the Southeast corner'of
Section 34, Township 5 Souch,,Range 89 l.last of the 6th Principa'l
Meridian bears N 08" 35' 27" 1.1 794.37 feei rvith all bearings con-
tained harein baing reiative to a b:aring of Il 89o 50'E on the South
Iine of saici Section 34; thence S B5o 37' 40" i.l 71 .71 feet; therrce
N 01" 4c,' C0" E 109.00 feei; tnence S 68" 02' ,il " E A8.52 feet;
thence S 02" 06' 00" E 62.26 feet; thence S 63u 13' 34" il 18.12feet to the point of beginniilg, corta,ining 7518 square feet more
or less
ARTICLES OF INCORPORATION
OF
VATLEY VIEW WEST CONDOMINIUMS, INC.
fn compliance with the requirements of C.R.S. L973,
7-20-101, €t seq., the under:signed, who is a resident of the
State of Colorado and is of &9€, has this day caused his name
Lo be affixed to these articles of incorporation for the uses
and purposes as follows:
ARTICLE I
The name
coNDoMrNruMs, rNc.,
The pri-ncipal office of the Association is located
at 51519 U.S. Highway 6, Glenwood Springs, Colorado, 81601.
ARTICLE III
Registered Agent
Richard M. Jennings, vrhose mailing address is
P.O. Box 5061, Snor.,mass Vi1lage, Colorado, 81615, is hereby
appointed the initial registered agent of this Association
at the principal office of the Association.
=\t\""r" vrEw wESr\\t\
the\,.\association" .
ARTICLE IV
Purpose and powers of the Association
This Association does not con'template pecuniary gain
or profit to the members thereof, and the specific purposes
for which it. is formed are to provide for maintenance,
preservation and architectural control of the condominium
complex known as "Va11ey View West Condominiums" constructed
on a tract of land in the County of Garfield, colorado, and
is more particularly described as fo1lows, tq-wit:
-2-
and to promote the health, safety and welfare of the residents
within said condominium complex and any additions thereto as
may hereafter be brought within the jurisdiction of this
Associatiorr and for this purpose to:
(a) Exercise all of the powers and privileges
and to perform all of the duties and obligations of
the Association as set forth in that certain
Condominium Declaration, hereinafter called the
{
"Declaration", appliceql!- Lo''r"th. property to be
recorded in the of q+\S\Jt\ th\e\ctert< and Recorder
of Garfield Cour{do, and as the sarne
may be "\"f\.U time to time as therein
-))\-tprovided'r--.s'i:d. Declaration being incorporated
herein as if set fortl'r at length;
(b) Fix, levy, collecL and enforce payment
by any lawful means, of all charges or assessments
pursuant to the terms of the Decl-aration; to pay
al_1 expenses in connection therewith and aII office
and other expenses incident to the conduct of the
business of the Association, including a1I licenses,
taxes or governmental charges levied or imposed
against the property of the Association;
(c) Acquire (by gifL, purchase or otherwise),
-3-
own, hold, improve, build upon, operate, maintain,
convey, selI, lease, transfer, d.edicate for public
use or otherwise dispose of real or personal property
in connection with the affairs of the Association;
(d) Borrorv money, and with the assent of
three-fourths (3/4) of each class of members, convey,
selI, mortgage, pledge, deed in trustr or hypothecate
any or all of its real or personal property as
security for money borrowed or incurred;
all or any part
of the common area-t-o\a gy, authority,
(f) ""t\*J")t\1"'riiersers and consolidations\v/with other nonprofit corporat.ions organized for the
same purposes or annex additional residential
property and commons area, provided that any such
merger, consolidation or annexation shal1 have the
assent of three-fourths (3/4) of each class of
members i
(g) Have and exercise any and all potvers,
rights and privileges which a corporation organized
under the Non-Profit Corporation Law of the State
of Colorado by 1aw may now or hereafter have or
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of an obligation. l4embers
'a
not be separated from.offpd
is subject to assessmutd,b
exercase.
ARTICLE V
Membership
Every person or entity who is a record owner of a
fee or undivided fee interest in any condominium unit which is
subject by covenants of record to assessment by the Association,
including contract sellers, shaII be a member of the Association.
The foregoing is not intended to include lgrEons or entities
ARTICLE V]
Voting F.ights
The Association shall have two classes of voting
membership.
Class A. Class A members shaII be all unit owners,
except Va11ey View Associates, a Colorado limited partner-
ship, and each shall be entitled to one vote for each
unit owned.
Class B. The Class B member shal-l be said Valley
View Assocj-ates, and it shall be entitled to three (3)
votes for each unit owned. The Class B membership sha1l
y as sec-qri\tldo- r \ \\\ip;++N\+
;\;Y!)"\ u*)i.'"
', \ \.\ \ \ \ 'v\ thb \ab5ociatioJl -\ I -
dominium unit which
n.
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cease and shall be converted to Class A membership vrhen
the total votes outstanding in the Class A membership
equals or exceeds the total votes outstanding in the
Cl-ass B nembership.
l{hen more than one person holds an interest in any
condominium unit, the membership as to such unit shall be
joint and a single membership for the unit sha]l be issuecl
in the names of all of the owners and they shal1 designate to
the Association, in rvriting, the name of one person who sha]I
have the power to vote said membership.
ARTI
goaia \ok
Managers, who need not be members of the Association. The
number of managers may be changed by amendment of the By-Laws
of the Association. The names and addresses of the persons
who are to act in the capacity of managers until the selection
of their successors are:
NAME ADDRESS
\The affairs of\
\,
by a Board of not less dh
ft")
!'ee
hIS
))nta
be managed
than five (f)
r[Jr
3)n
Richard I.{. Jennings
Walter Stenger
P.O. Box 5061
Snowmass Vi11age, Colorado
19 Grenfe1l Crescent
Ottawa, Ontario
816 15
-6-
John A. Thulson Drawer 790
Glenwood Springs, CO 81601
At the first annual meeting the members shall elect
one manager for a term of one year and two managers for a term
of two years, and at each annual meeting thereafLer the members
shal-l elect the number of managers rvhose terms have expired for
a term of two years.
ARTICLE VIII
Duration
The Corporation shaIl exist perpetually.
the assent
ee-fourths (3/ 4)
he Association,
, the assets
opriate public
for which this
dedication is
, conveyed
iation, trust
lar purposes.
Dissolutign - \..--- (i
-) --\ \
ion mav re fiis,sbr!.u [it.,
,r"ru,.s\"\ bit {n " "u'n.
Nv\tti1"i't;no*
! klelsLf or consolidation
11 be dedicated to an appr
purposes similar to those
d, In the event that such
ch assets shall be granted
nprofit corporation, assoc
to be devoted to such simi
ARTICLE IX
iati
d .si
mber
to
shal
orp
ated
suc
non
ont
The Assoc
given in writing an
of each class of me
other than incident
of the Association
agency to be used f
Association was cre
refused acceptance,
and assigned to any
or other organizati
-7-
t
't
of 75
Amendment
percent (753)
of
of
ARTICLE X
Amendments
these Articles shalI require
the entire membership.
ARTICLE XI
the assent
f Incorporation this
f ncorpora_tor
The incorporator of this Association is:
Nru.{E ADDRESS
Richard M. Jennings P.O. Box 5061
815 15
IN
corporation
undersigned
day of
STATE OF COLORADO
COUNTY OF
, l-97 B.
Richard M. Jennings
ss.
I, , a Notary Public in
and for said hereby certify that
RICHARD M. JENNINGS, who is personally known to me to be the
person whose name is subscribed in the foregoing instrument,
appeared before ne this day in person and acknowledged that he
-8-
.l
signed, sealed and delivered the said instrument in writingas his free and voluntary act for the uses and purposes thereinset forth.
Given under my
,
My commission expires:
hand and notarial seal this
1978.
dayof
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CONDOI\IIN IULI DECLARAT ION
FOR
VALLEY VIE!.J WEST CONDOIqINIUMS
KNOIT ALL I\IEN BY THBSE PRESENTS,
I{HEREAS, VALLEY VlEi{ ASSOCIATES, a Colorado limited
partnership, (Declarant), is the owner of the following described
ieal propeity situate in the County of Garfield, State of
Colorado.
A parcel of land situated in Lot 4 and in the NI,l%SIrik of
Section 5t T. 6 S., R. 89 W. of the 6th P.M., lying Southerly
of the Southerly right-of-way line of a County Road as con-
structed and in place and Westerly of a fence as constructed
and in place, said parcel is described as follorvs: BeEinning
at a point on the Southerly right-of-rvay line of said County
Road, said point being in said fence, tvhence the Southeast
Corner of Section 34, T. 5 S., R. 89 I^I. of the 6th P.M.
bears: N. 23"20t52" W. 947.6A feet; thence S. 01"44'00"
I{. 265.56 feet along said fence; thence N. 85016'00" W.
330-40 feet; thence N. 01044r00 E. 593.23 feet to a point
on the Southerly right-of-rvay line of said County Road;
thence s. 51o30'00" E. 138.05 feet along said right-of-wayline; thence S. 39"24100rr E. 320.50 feet along said right-of-
way line; thence S. 66 o 09' 00" B. 9 .70 feet alon.g said right-
of-way line to a point in said fence, the point of beginning.
There is EXCEPTED the follovri-ng to wit:
Beginning at a point vrhence the Most Northerly corner of
the above d.escribed tract bears: N. 23"32'48" w. 61.57
feet; thence S. 49ol"7 '04r' B. 60.00 feet; thence S. 28"54'42"l.i. 30.00 f eet; thence N. 49"]"7'04" W. 60.00 feet; thence
ii. 28054'42" E. 30.00 feet to the point of beginning.
WHEREAS, Declarant desires to esLablish a condominium
organization under the Condominium Ownership Act of the State
of Colorado; and
buildings containing an aggregate of 52 separate residential
units which are in the process of being converted to
condontiniums i
WHEREAS, Declarant does hereby establish a. plan for
the ownership in fee simple of real property estates con-
sisting of tLe area or space contained in each of the con-
dominium units in the building improvements, and the co-
orrrnership by the individual and separate owners thereof r ds
tenants in common, of all of the remaining real property
hereinafter defined and referred to as the general cofitmon
elements;
NOW THEREFORE, Declarant does hereby publish and
declare that the follolving terms, covenants, conditions,
easements, restrictions, uses, limitations, and obligations
shatl be deemed. to run rvith the land, sha]l be a burden and
a benefit to Declarant, it.s successors and assigns and any
person acquiring or owning an interest in the real property
ind improrTementi, their grantees, heirs, d.evisees, personal
representatives, sttccessors and assigns-
I. DEFINITIONS. Unless the context shall expressly
provid.e otherwiEel-EIE-T6llowing definitions shalI apply:
(a) uunit" means an individual air space
which is contained rvithin the perimeter waJ1s,
floors, and ceilings of a unit in the buildings
as shown on the Map
(b) "Cond.ominium Unit" means an individual
air space unit together with the interest in the
general coinmon elernents -
(c) "Owner" means a pergon, firm, corporation,
partnership, associationr or other Iegal entity,
or any combination thereof, owning one or more
condominium units.
-2-
. (d) "General common elemenLs" means and
includ.es:
(1) the land on which the buildings are
located;
(2\ the foundations, columns, girders,
beams, supports, main waIIs, roofs, sidewalks, and
driveways of the buildings i
(3) the yards, landscaped areas, storage
areas, and. parking areasi
(4) the installations consisting of the
equipment and materials existing for common use;
(5) aII other parts of the ProPertY
necessary or convenient to its existence, maintenance
and safetyr or normally in common use.
(e) ttEntire premises", ttpremises", "projecLtt ,
or "property" means and includes the land, the
buildings, all improvements and structures thereon,
and all rights, easernents and appurtenances belonging
thereto
(f) "Condominium Project" means all of the land'
and improvements initial-ly and subsequentl-y submitted
to this Declaration.
(g)' "Common exPenses, means and includes:
(1) All sums lawfully assessed against, the
general common elements;
(2) Expenses of administration and manage-
ment, maintenance, repair or replacement of the
general cofiImon elements;
(3) Expenses declared common expenses by
the unit o\'/ners
(h) "Association" means Valley Vierv lrlest
Condominiums, Inc., a Colorado non-profit corporation,
the Certiticate of IncorporaLion and By-Laws of which
shall govern the ad.ministration of this condominium
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property, and the meniJ:ers of which sha11 be all of
the owners of the condominium units of this con-
dominium property. Voting rights of the members
shall be as established. by the Articles of
ncorporat.ion and By-Laws of the Association
(i) "Ir1ap" or "pIans" means and includes the
engineering survey of the land locating thereon all
of the impiovemenls, the floor and elevation plans
and any other drawings or diagrammatic plan depicting
a part of or al.l of the improvements.
. (j) "Building" or "Buildings" means the building
improvements comprising a part of the property-
2. CONDOIqINIUI,I MAP. The l{ap sha1l be filed for record
priortothef@ofanycondominiumunit.SuchMap
Lhaft consist of and set forth (f) the legaI description of the
surface of the 1and, (2) the linear measurements and location,
rvith reference to the exterior boundaries of the land, of the
buildings and all other improvements on said 1and, (3) floor
plans and elevatj-on plans of the buildings showing the location,
ifr" unit designations, and the linear dimensions of each unit;
(4) the elevations of the unfinished interior surfaces of the
floors and ceilings, and the linear measurements showing the
thickness of the perimeter vrall-s. The Map shall contain a
certificate of a licensed professional engineer certifying that
the Irtap fully and accurately depicts the layout, measurements,
and location of all the improvements, the unit d.esignations,
the dimensions of such units and the elevations of the floors
and ceilings. fn interpreting the Map, the existing physical
boundaries of each unit as constructed shal1 be conclusively
presumed to be its boundaries. Declarant reserves the right
1.o amend. the l{ap, from time to time, to conform the same to the
actual physical location of the constructed improvements and to
any changes, modificationsr or alterations.
3. DIVISION OF PROPERTY INTO CONDOI,IINTUM UNITS. ThE
real property re
hereby divided into fifty-two (52) separate fee simple estates,
each such estate consisting of one unit together with the
appurtenant unrl-Lvid.ed percentage interests in and to the general
common elements as set forth in Exhibit "A" attached hereto and
by this reference made a part hereof. The general common
-4-
elements shall be held. in common by the owners thereof'
Each condominium unit is described on the attached Exhibit
A. Each condominium unit sha}l be identified on the Map by
the number as shorvn on Exhibit A
4. ANNEXING ADDITIONAL CONDOMINIUI{ UNITS
(a) time
to time, within five (5) years of the d;ite of the recording
of this Oeclarition, to' .-rrrr.* and add. to the condominium
project up to but not exceed.ing thirty-six (36) condominj'um
irnils to Le located on the Development Area as set forth
on the Condominium I'iap. No rights of any character what-
ever rvithin the Devel-opment Area attach to any owner except
as to that portion deslribed in any recorded Amended
Declaration annexing and adding such portion to this
Declaration as part of the cond'ominium project'
(b)Infurtheranceoftheforegoing,Declarant
reserves the right to shift the percentages of ownerslrip
in the general lommon elements appurtenant to each unit
to the percentages set forth in each such Amended Declaration
recorded pursu.nt to this Paragraph 4. Each deed, mortgage
or other instrum.ent. r.rith respect to a unit and the
acceptance thereof shal] be deemed a grant and acknowledg-
ment of and consent to such polfer to Declarant and shaIl
be deemed to reserve to Declarant the power to shift and
reallocate from time to time the percentages of oh/nershiP
in the general common elements appurtenant to each unit'
to the percentages set forth in eich such recorded Amended
Declaration
(c)EachAmend'edDeclarationshallincludean
Amended Exhibit trArr rEhich shall amend Exhibit [A" hereto
by setting forth the amended percentage ownership- in the
glneral common elements of ea-ch unit, - including the units
iow subject to this Declaration. The Amended Declaration
shall be accompanied by an Amended Condominium IIap showing
the boundaries of tne laaitional units as they relate to
the condominium project as a r.rhole and delineating the
additional units on such MaP-
(d) The percentages of undivided ownership
interest in lfr" genlral "o*iott elementsr Ets amended by e1cl.t
Amended Declaration, and as set forth in the Amended' Exhibit
"A", shall be determined and adjusted by dividing the square
footage of each unit by the to-ua1 square footage of all
-5-
units, including atl existing units and nervly annexed' units,
and the resulting figure, expressed as a percentage, shall
be the percentage orvnership of each unit in the general
.comlnon elements. The Declarant may round, adjust and' assign
to any units such fractional amounts as shaIl be required
so th;'L the total percentage ownership of all units equals
one hundred percent (100%). The determination of the
number of sql.re feet in each unit and the assignment of
additional fractional percentages to any unit sha1l be
solely determined. by Declarant and shatl be conclusive.
(e) subsequent to each annexation of additional
units, the "general common elements'r shal1 consist of
the existing general coilImon elements plus the added general
common elements
(f) Each and all of the provisions of this
Declaration and the Exhibit attached hereto, tsS amended by
each such successive Amended Declaration and the amended
Exhibits attached thereto, shall be deemed to apply to
each arid all of the units, including all such add'ed uni ts
as vrell as all existing units, and to all of the general
common elements, including all such added general common
elements as well aS all existing general common elements'
(g) The recording of an Amended' Declaration
'ral1 not alter or affect the amounLs of any liens for
1mon expenses due from any existing unit owners prior
-ruch recording, nor the iespective amounts thereLof ore
rsed to or due frOrn existing unit owners for contmon
'es or other assessments
(h)Thelienofanymortgagerdeedoftrustor
: , r:rity interest encumbering any existilg Ylit,
' :t" l: 3 ."II"II: " :li "iiilT:i3: "i' ":H:X' 3i3*..,. ",-u"*:I r* "t?:I"t
":"::'e3i:=
i;u"::3.3H:3"u
;,., i I 'tive percentage of und'ivid'ed ownership
. geneial commott elements for such existing
in the Amended Exhibit ,Arr attached
rlaration, ancl the lien of such security
naticatly attach in such percentage to
,, "rllon elements -
-6-
(i) Each and' all of the unit owners of alI
existing units and. of all added units he-reaf ter, and' their
respectlve mortgagees, grantees, heirs, administratorsr'
p..iorr.l repres6nlatives, successors ancf assignsr- by their
!"""pt"n"" -of any deed or security interest or other
inteiest in or roitt, respect to any of such units, sha11
be deemed to have expreisly agreed, assented and con-
senteci to each and all of tne-provisions of this Declaration,
vrith respect to the recording of any and all Amended
Declarations as aforesaid which may ap.cnd, adjust and
reallocate from time to time their respective percentages
of undivided ownership interest in the general common
elements, includ.ing the existing common elements and
added general common elements, from time to time as
hereinabove provided; and. hereby further agree to each
and all of the provisions of ealh and all of said Amended
Declarations wh'ich may hereafter be record'ed in accordance
with the foregoing pr-ovisions of this Declarationl
(j) Each and all of the unit owners of all
existing ,r.rLt= and of all added units hereafter and their
respective mortgagees, grantees, heirs, administrators'
personal ,"pr*=5r,fativei, successors and assigns, by their-acceptance of any deed or security interest or other interest
in oi ryith resp"Lt to any of such units, further -ictcnorvtedges, consents and agrees r ds Lo each such Amended
Declaration that is recorded, &s fo]lorvs:
(i) The portion of the Development Area
described in each such Amended. Declaration Amended
condominium Map shaIl be governed in all respects
by the provisi-ons of this Declaration'
(ii) The percentage of ownership.in the-general
cornmon elements appurtenant to each unit shall auLo-
matically be srrifted and reallocated to the extent
set forth in each such recorded Amended Declaration
and upon the recording of eac| such Amend'ed
Declaration, the amount by rvhich such percentage
appurtenanttoaunitisreduced.rdssetforthin each such recorded Amended Declaration, shal1
thereby be and be deemed. to be released and' divested
from such unit ovlner and reconveyed and reallocated
among the other unit owners as set forth in each
such recorded Amended Declaration'
-7-
(iii) trach deed, security document or other
instrument affecting a unit shall be deemed gi"ven
subject to the conditional limitation that the per-
centage of ownership in the general cornmon elements
appurtenant. to each unit shaIl, upon the recording
oi- each Amended Declaration, be divested pro tanto
to the reduced percentage set forth in such Amended
Declaration and. vested among the other owners,
mortgagees and. others orving an interest in the other
uniLs in accordance with the terms and percentages
of each such recorded Amended. Declaration.
(iv) A right of revocation is hereby reserved
by the grantor in each such deed., security document
oi othei instrument of a unit to so amend and reallocate
the percentages of ownership in the general common
elements appurtenant to each unit
(v) The percentage of ownership in the general
cofltmon elements appurtenant to each unit shall include
and be deemed to include any additional general common
elements annexed hereto by . recorded Amended Declaration
and each deed, security document or other instrument
affecting a unit shall be deemed to include such
additionil general cofirmon elements and the ownership
of any such unit and lien of any such mortgage. shall
automiticall-y include and attach to such additional
general common elements aS such Amended Declarations
are recorded
(vi1 Each ol{ner shalI have a perpetual easement,
appurtenant to his unit, for the use of any additional
glneral common elements annexed thereto by atd des-
6ribed in any record.ed A:nended Declaration, for the
purposes theiein set forth, except as-to any portion
trre- use of which is limited by exclusive easements
granted" to the or'rners of specific units as may be
firovided in any such Amended Declarationr or this
Declaration
(vii) Each owner by acceptance of the deed' con-
veying his unit, ag:rees for himself and all those
ctl:_ming under himl including mortgagees, that this
DeclaraLion and each Amended Declaration is and shall
-B-
be deemed. to be in accordance with the col0rado
Condominium Ownership Act and for the purposes of this
Declaratiorr and said Actr anY changes j-n the respective
percentages of ownership in the general comlnon elements
as set f6rth in each such Amended Declaration sha1l
be d,eemed to be made by agreement of all unit owners.
(viii) The Declarant reserves the right to amend
this Declaration in such manner, and each owner agrees
to execute and deliver such documents necessary or
desirable to cause the provisions of this Paragraph.4
to comply with said. Act as it may be amended from time
to time.
(ix) The foregoing provisions of this Declaration
and in deeds and mortgagei of the units and general
conrmon elemenLs contain-and will contain clauses designed
to accomplish a shifting of the general common e1emenls'
None of iaid provisions shall invalidate the other, but
each shaIl be deemed supplementary to the other toward
the end that a valid stritting of the general- cofiImon
elements can be accomPlished
5. INSEPARABILITY OF A COIVDOMINIUM UNIT, EACh UNiT
and the undivi lements
appurtenant thereto shall be inseparable and may be conveyed,
ILlsed, encumbered, devised, or j-nherited only as a condominium
unit
6. DESCRIPTION OF A CONDOMINIUIiI UNIT. Every d'eed,
Iease, mortgag trument maY
legally aescribe a condominium unit by its identifying unit
n..;,U"rl follorved by the words, "VALLEY VIBI{ I{EST CONDOMII{IUMS"
rvith further referEnce to the recorded Declaration and ltlap- _
Every such description shall be d,eemed good and. sufficient for
all |urposes to cbnvey, transfer, encumber, oI otherrvise affect'
the irnii, the general- coilrmon elements and also to convey the
right of ingreis and egress to ancl from said unit.
7. SEPARATE ASSESSIIENT AND TAXATION NOry'
Declarant shal to the assessor of lhucreation of condominium ownership of this property, as is
provided by law, so that each unit and its percentage of-undivided -interest in the general common elements shal1 be
deemed a separate parcel ancl subject to separate assessment
and taxation
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B. TITLE. A condominium unit may be held and owned
by more than oi6_![rson as joint. tenants or as tenants in
common, or any reil property tenancy relationship recognized
under the laws of Colorado
g. I.TONPART]ONABILITY OF GENERAL COMMON ELEMENTS. ThE
general conunon the
orrrners of the units and shall remain undivid.ed, and no owner
shall bring any action for partition or division of the general
common elements. Nothing contained herein shal1 be construed
as a limitation of the right of partition of a condominium unit
between the owners'thereof, but such partition shall not affect
any other condominium unit
10. usE AND OCCUPANCY. All units shall be used and
occupied for reffis by the owner, by the ournerts
family or the owner's guests and tenants-
11. EASEMENTS FOR ETiCROACHMENTS. ff any portion
of the general fter encroaches
upon any unit or units, a valid easement for the encroach-
mLnt and for the maintenance 6f the samer so long aS it
stands, sha11 and does exist. Lf any portion of a unit norv
or hereafter encroaches upon the general common area or upon
an adjoining unit or units, a valid easement for the encroach-
ment lnd foi the maintenance of the samer So long as it
stands, shall and does exist. For title or other purposes,
such encroachments and easements shall not be considered or
determined to be encumbrances either on the general coinmon
el-ements or the units.
L2. LIMITATTON OF IVIECIIANICIS LIEN RIGHTS AND
TNDEMNrFICATION@ shed
@ in a unit with the consent or at the request
of the owner thereof or his agent or his contractor or sub-
contractor shall be the basis for filing of a lien against
the unit or any other owner not expressly consenting to or
requesting the Same r oT against the general cofiImon elements
olvied by such other owners. Each owner shal1 indemnify and
hold haimless each of the other ol.rners from and against all
tiability arising from ther claim of any lien against the unit
of any other otfner or against the general common elements
for construction performed or for labor, materials, Services,
or other products incorporated in or otherwise attributable
to the ownerrs unit at such ol';nerrs request.
-10-
13. AD}4INISTRATION AND MANAGE}IENT. ThE AdMiNiStTAIiON
and management shall be governed
by the Certificate of Incorporation and. By-Larvs of !h"alsociation. A certified copy of the Certificate of
Incorporation of the Associa-t-ion shall be recorded simul-
taneo-usly with this Declaration- An owner of a condominium
unit, upon becoming an owner, sha1l be a rnember of the
Association and'shaI} remain a member for the period of his
ownership. An exclusive agent for the operation and manage-
ment of this cond,ominium project may be appointed by the
Association
L4. RESERVATION FOR ACCESS-}'I.AINTENANCE, REPAIR
AND EMERGENCIES
rercisecl by the l'lanaging Agent or Board of
taaiagers of the Association, to have access to each unit
from time to time during reasonable hours aS may be necessary
for the inspection, maintenance, repairr or replacement of
any of the general coinmon elements therein negessary to
pr-evenL damage to the general coflImon elements Or to another
i*it or uniti. Damage to the interior of any part of a
unit resulLing from Lhe maintenance, repair, emergency repair,
or replacement of any of the general Conlmon elements or aS
a result oi emergency repairs r'rithin another unit at the
instance of the assoliatiort shall be a cofiImon exPense of
all of the owners, provided, however, that if such damage
is the result of the negligence of a unit ohlner, then such
unit owner sha1l be responsible for all of such damage.
Restoration of the damaged improvements shall be substantially
the same as the condition of such improvements prior to the
damage
15. OI{NERSt I{AINTBNA}ICE RESPONSIBILITY OF UNTT.
For purposes of ling,
an oivne-r shall be deemed Lo or'rn the windows, doors, interior
nou.supporting waIls, the materials (such as, but not limited
to, ptlster, gypsum dry rval1s, paneling, wallpaper, brick,
stone, paint, wall and floor tile, and flooring, but' not
includi'ng the sub-flooring) making up the finished surfaces
of the p6rimeter rvalls, ceilings, and f loors rvithin the unit
and the unit doors and rvindorvs. The owner shall not be deemed'
to ovrn any utilities running through his unit rvhich serve
more than one unit except ai a tenant in common with the
other owners. Such right to repair, alter and remodel shall
carry the obligations io replace any finishing materials
-11-
removed with similar or other types or kinds of finishing
materials of equal. or better qullity. An owner shall mlintain
and keep the interior of his ortn unit in good repair, in-
cluding the fixtures thereof. AII fixtures and equipment
installed within the unit, cosurencing at a point where the
utility lines, pipes, wires, conduits, or systems (which
for br6vity are hereafter referred to as "utilities") enter
the unit shalI b'e maintained and kept in goocl repair by the
orvner thereof . An o$/ner shall do no'act nor any work that
will impair the structural soundness or integrity of the
building ot impair any easement or hereditament
16. COI4PLfANCE I.IITH PROVISIONS OF DECLARATION AND
By-LAws. Each ffiIy strictly rvith the provrs
;E-TEfs Declaration, and provisions of the Certificate of
Incorporation and By-Lanvs of the Association, and the- rules
and rlgulations of the Association adopted pursuant thereto
as the same may be lawfully amended from time to time- Failure
so to compty sha1l be grounds for an action to recover sums
due and for-damages or injunctive relief or both, maintainable
by the Managing -Lgent or Board of I'lanagers in the name of the
aisociation on behalf of the or'rners oIr in a proper case, by
an aggrieved owner
17. REVOCATION OR A}.{ENDMENT TO DECLARATION. ThJ-S
Declaration sha Pro-
visions herein be amended unless the owners representing 75e;
or more of the aggregate otrnership interest in the genera3-
cofirmon elements ana aff of the hold.ers of any record.ed
mortgage or deed, of trust covering or affecting any or all
cond6minium units unanimously consent and agree to such
revocation or amendment by instrument(s) duly recordedi how-
ever, the percentage of t[e undivided interest in the general
common elements apfurtenant to each unitr ds expressed in
this Declarationr- 3f,a11 have a permanenL character and shall
not be altered rvithout the conslnt of all of the condominium
unit otlners as expressed in a duly recorded amendment to this
Declaration.
18. ASSESSI.{ENT FOR COMMON EXPENSES. ThE ASSESS-
ments made upon shall be based
upon the cash requirements deemed to be such aggregate sum
as the I{anaging igent or Board of Managers of-the Association
shall from tim6 t; time determine is to be paid by all of the
-l.2-
condominium unit o\fners, including Declarant, to provide for
the payment of all est.imated expenses gro\'ring out of or
connLcted rvith the maintenance and operation of the general
common elements. Saicl sum may include, among other things,
the follorving: Expenses of management; Laxes and special
assessments, until separately assessed; fire insurance with
extended coverage and vandalism and malicious mischief insur-
ance with endorsements attached issued in the amount of the
maximum replacement value of all of the condominium units;
casualty and public liability and other insurance premiums;
landscaping and care of ground.s; snow removal i conlmon lighting
and heating; repairs and renovations; garbage and trash
collectionsi wages; r.rater charges; Iegal and accounting fees;
management feesi expenses and liabilities incurred by the
i'tanaging Agent or Board. of Managers of the AssociaLion under
or by r6ason of this Declaration; the payment of any deficit
remaining from a previous period.; the creation of a reasonable
contingency or other reserve or surplus fund as vrell as other
costs and. expenses relating to the general comlnon elemenLs.
The cost of heating aItr units shall be deemed a common expense
and shall be paid out of assessnents. The omission or
failure of tha Board. to fix the assessment for any period
shal1 not be deemed. a r.raiver, modificationr or a release of
the ol^rners from their obligat.ion to pay
19. INSURANCE ' The l"lanaging Agent or Board of
Irlanagers shall oEEeIn and maintain, at all times, insurance
of the type and kind provided hereinabove, and including
for such other risks, o" a similar Or dissimj-lar nature,
as are or shall hereafter customarily be covered rvith
respect'to other apartment or condominium buildings,
fixlures, equipment and personal property similar in
construction, design and use, issued by responsible
insurance companies authorized to d.o business in the
State of Colorado. The insurance shall be carried in
a blanket policy form naming the Association as the insured'
rvhich policy or policies shaI1 identify the interest of each
condominium unit owner and which shall provide for a standard,
non-contributory mortgagee clause in favor of each first
mortgagee, and sha11 further provide that it cannot be
cancelled by either the insured or the insurance company
until after ten (10) days prior written notice to each
first mortgagee. rhe min-gitrg Agent or Boar'd of I'lanagers
shall, upon request of any first mortgagee' furnish a
certified. copy of sueh blanket policy and the separate
certificate identifying the inter:est of the mortgagor. A11
-13-
policies of insurance sha1l provide that the insurance there-
under shall be invalidated or suspended. only in respect to
the interest of any particular owner guilty of a breach of
warranty, act, omiision, negligence, or non-compliance with
any provj-sion of such policy, including payment of the
insurance premium applicable to that ownerrs interestr of
who permiLs or fails to prevent the happening of any event,
whether occuring before or after a loss, which under the
provisions of such policy r.rould otherwise invalidate or-suspend the entire policy, but the insurance under any such
policyr ers to the interests of all other insured owners
irot guilty of any such act or omission, shall not be
invatidated or s-uspended and shalL remain in full force and
effect.. Determination of maximum replacement value of all
condominium units for insurance purposes sha]1 be made
annually by one or more written appraisals, copies of which
shall be furnished forthrvith to each mortgagee of a
conclominium unit. In addition, each owner shal1 be
notified of such appraisals.
20. LIABILITY FOR ASSESSMENTS. A11 OWNETS ShAIl
be obligated to@assessntents imposed. by
the goaid of Managers of the Association to meet. the cotnmon
expenses. The assessments shall be made pro rata according
to each owner's percentage interest in and to the general
contmon elements. Assessments f or the estimated coilrmon
expenses, including insurance, shal1 be due in advance for
such periods as may be determined by the Board of Managers.
The A-oard of Managers sha1l prepare and deliver or mail to
each owner an itemized quarterly statement shorving the
various estimated or actual expenses for which the assess-
ments are made. No owner may exempt himself from liability
for his contribution tolvard,s the common expenses by waiver
of the use or enjoyment of any of the general common elements,
or by abandonment of his unit
2l..LIENFoRNoNPAYI,IENToFCo}.{MoNEXPEN9ES.All
sums assessed 5 ses
chargeable to any condominium unit, including interest
thereon at sixteen percent (16?) Per annum, shall constitute
a lien on such unit superior (prior) to all other liens and
encumbrances excePt:
(a) Tax and. special assessment liens in
-L4-
favor of any governmental assessing unit; and
rirs.(3l"uoll iH:."3?"13.31"i li:i:"H;'3i?" "'
unpaidobligatorySumsaSmaybeprovidedbysuch
encumbr.ncel and including additio*al advances
made thereon prior to the arising of such a lien.
To evidence sucht lien the Board. of Managers malr but shall
not be required to, prepare a r+ritten notice setting forth
the amouni of such unpaia indebtedness, the name of the
ovrner of the condominium unit and a description of the
condominium unit. Such a notice shall be signed by one of
the Board of Managers or by the I'lanaging Agent and _may be
recorded in the oifice of tfre C1erk and Recorder of the
county of Garfield, state of colorad.o- such lien for the
cofirmon expenses shall attach from the date of the failure
oi p.y*enl of assessment, and rnay be enforced by foreclosure
on the defaulting owner's condominium unit by the Association
in 1ike manner ai a mortgagie or deed of trust on real
property upon the record.ing of a notice or claim thereof.'i" L"v io"rr foreclosure the ovrner shal1 be required to pay
the costs and expenses of such proceedings, the costs and
expenses for filing the notice or claim of lien and all
reasonable attorne!'s fees. The Association shall have the
p"*.r to bid on tha condominium unit at foreclosure sal-e
i"a to acqui-re and hold, lease, mortgage, and convey the
same. The amount of the cofiImon expenses assessed against
each condominium unit shaI1 also be a d.ebt of the owner
thereof at the time the assessment is made. Suit to recover
i *orr"y judgment for unpaid common expenses shall be main-
tainabie-wifhout forecl6sing or waiving the lien securing
same, Any encurnbrancer hol[ing a lien on a condominium unit
may pay any unpaid. coflImon expenses p-ayable with respect to
i"tfr'.r-rit, and upon such payment such encumbrancer shall
have a lien on such unit for the amounts paid of the same
rank aS the lien of his encumbrance. A recorded lien may
be released. by recording a Release of Lien to be signed by
an ollacer of the Association or by the Managing AgenL on
behalf of the Association
22. LIABILITY FOR COMMON EXPENSE UPON TRANSFER OF
CONDOI{INIUI'I UNIT. Upon paymgnt 9!a reasonable fee, not to
me aoffars- ($2S.00), and upon the-written
ieguest of -iy owrrer or any mortgagee or Prospective mort-
-15-
gagee of a cond.ominium unit, the Association, bY its }4anaging
Agent or Board of Managers, shalI issue a written statement
setting forth the amount of the unpaid common expenses,
if ary, with respect to the subject unit, the amounL of the
current period.ic assessment and the. date such assessment
becomes due, cred.it for advanced payments or for prepaid
items, includ^irg, but not limited. to insurance premiums,
which shall be c-onclusive upon the Association in favor of
all persons who rely thereon in good faith. Un1ess such
reguest for a statement of indebtedness is complied with
within ten days, all unpaid. cofiimon expenses which become
due prj-or to the date of making such request shall be
suboid.inate to the lien of the person requesting such
statement. The grantee of a unit shaIl be jointly and
severally liab1e with the grantor for all unpaid assess-
menls against the latter for his proportionate share of the
common expenses up to the time of the grant or conveyance,
without prejudice to the granteers right to recover from
the granlor the amounts paid by the gran'tee therefor;
provided, however, that upon payment of a reasonable fee,
not to exceed trventy-five dollars ($2S.00), and upon written
request, any prospective grantee shaIl be entitled to a
statement from the Managing Agent or Board of Managers,
setting forth the amount of the unpaid assessments, if arY,
with respect to the subject unit, the amount of the current
monthly assessments, and the date that such assessment
becomes due, credit for advanced payments or for prepaid
items, includitg, but not limited to, insurance premiums,
which shall be conclusive upon the Association. Unless such
request for a statement of indebtedness shall be complied
rvith within ten (I0) days of such request, then such grantee
shaIl not be liahle for, nor shall the unit conveyed be
subject to a lien for, any unpaid assessments against the
subject unit. The provision of this paragraph shalI not
apply upon the initial transfer of the condominium units by
Declararit.
23. IIORTGAGING A CONDOMINIUM UNIT - PRIORITY- Any
ovrner shall hav ge
or encumber his interest by deed of trust, mortgage, or
other security instrument. A first mortgage shall be one
which has first and paramount priority under applicable
law. The owner of a condominium unit may create junior
mortgages on the follorving conditions: (1) Any such junior
-16-
mortgages shal1 always be subordi-nate to all of the terms,
conditions, covenants, restrictions, uses, limitations,
obligations, Iien for cornmon expenses, and. other obligations
crealed by this Declaration, the Certificate of Incorporation
and the By-Laws of the Association. (2) The mortgagee
under any junior mortgage sha1l release, fot the purpose
of restoration of any improvements upon the mortgaged
premises, all of his right, title, and interest in and to
the proceed.s under all insurance policies upon said premiseS
r'ihich insurance policies ryere effected and placed upon the
mortgaged premises by the Association. Such release shall
be furnisfrLa forthwith by a junior mortgagee upon rvritten
request of the Association.
24. ASSOCI+TrON AS ATTORNEY-TN.-FACT.- -ThisDeclaration her he irievocable appoint-
ment of an attorney-in-fact to deal with the property upon
its destruction or obsolescence. Title to any condominium
unit is dectared and expressly made subject to the terms
and conditions hereof, and acceptance by any grantee of a
deed from the Declarant or from any o\.7ner shaI1 constitute
appointment of the attorney-in-fact herein provided. A11
of the orvners irrevocably constitute and appoint the
Association their true and lavrful attorney in their name,
place, and stead for the purpose of dealing with the property
irpon its destruction or obsolescence as is hereafter provi.ded-
A; attorney-in-fact, the Associat.ion, by its president and
secretary, shall have full and complete authorization,
right and power to make, execute ancl deliver any conLract,
aela or any other instrument rviLh respect to the interest
of a condominium unit oi'rner which are necessary and
appropriate to exercise the powers herein granted. _ Repair
a-na reconstruction of the improvements aS usecl in the
succeeding subparagraphs means restoring the improvements
to substantially the same condition in which it existed
prior to the damage, rEith each unit and the gener-al common
Llements having tfie same vertical and horizonLa] boundaries
as before. The proceeds of any insurance collected shall
be available to Lhe Association for the purpose of repair,
restorationr 01. replacements unless the ovlners and all
first mortgagees agree not to rebuild in accordance r.rith
the provisions set forth hereinafter.
(a) In the event of damage or destruction
due to fire or other disaster, the insurance
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proceeds, if sufficient. to reconstruct the
improvements, shall be applied by the Association,
as attorney-in-fact, to such reconstruction,
and the improvements shall be promptly repaired
and reconstructed. The Association shall have
fulI authority, right and power, as attorney-in-
fact., to cause the repair and restoration of the
improvements
(b) If the insurance proceeds are insufficient
to repair and reconstruct the improvements and'
such damage does not render more than one--half
(L/2) of the units untenantable, such damage or de-
struction shall be promptly repaired and reconstructed
by the Associationr ds attorney-in-fact, using the
proceeds of insurance and the proceed,s of an
assessment to be made against all of the o\n/ners
and their condominium units. Such deficieney
assessmenL shall be a common expense and made
pro rata according to each owner's percentage
interest in the general common elemenls, and
shaIl be due and payable within thirty (30)
days after rvritten notice thereof. The
Association shall have the authority to cause the
repair or restoration of the improvements using
alJ. of the insurance proceeds for such purPose,
notwithstanding the failure of an owner to pay
the assessment. The assessment provided for
herein shaIl be a debt of each owner and a lien
on his condominium unit and may be enforced and
collected as is provided. in paragraph 2L above'
In addition thereto, the Associationr ds attorney-
in-fact, shall have the absolute right and power
to selI the condominium unit of any owner refusing
or failing to pay such deficiency assessment
within the time provided and if not so paid, the
Association shal1 cause to be recorded a notice
that the condominium unit, of the delinquent olvner
shatl be sold by the Association. The proceeds
derived from the sale of such condominium unit
shall be used and disbursed by the Association,
as attorney-in-fact, in following order:
(1) For payment of the balance of the
Iien of any first mortgage;
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(2) For payment of taxes and special
assessment liens in favor of any assessing
enLity
(3) For payment of unpaid cormon l
exPenses;
(4) For payment of junior liens and
. encumbrances in order of and to the extent
of their priority; and
(5) The balance remaining, if dnY,
shall be paid to the cond,ominium unit owner.
(c) If more than one-ha1t (L/2) of the units
are rendered untenanLable by fire or other casualty
no reconstruction or repair shall take place
unless at a meeting which shall be called within.
ninety (901 days of the occurrence of the
casualty or if by such date the insurance loss
has not been finalty ad.justed., then thirty (30)
days thereafter, the owners of a majority of the
condominium units vote in favor of reconstruction
or repair. Such plan for reconstruction or repair
must have the unanimous approval or consent of
every first mortgagee. In the event such a plan
is not approved by the owners or first mortgagees,
the Associat.ion sha1l forthwith record a notice
setting forth such a fact or facts, and. upon the
recording of such notice by the Associationrspresident and. secretary, the entire remaininE
premises shall be sold by the Associationr ds
attorney-in-fact for all of the ordners, free and
clear of the provisions contained in ttris Declaration,
the l,lap and By-Lares. The insurance settlement
proceeds collected by the Association, and such
proceeds shall be divid.ed by the Association
according to each unit ownerts interest (as such
interests may appear on the policy or policies)
and such divid.end proceeds shall be paid into a
separate account representing each cond.ominium
unit. Each such account shaIl be in the name of
the Association, and shall be further identified
by the number of the unit and the name of the
owner. From each separate account, the Association,
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as attorney-in-fact, shall use and disburse the
total amount of each of such funds, without
contribution from one account to anoLher, toward
the partial or full payment of the lien of any
first mortgage against the condominium unit
represented by such separate accounL. There
sha11beaddedtoeachsuchaccounttheapportioned
amount of the proceeds derived from the sale of
the entire property. Such apportionment shalI
be based upon each-condominium unit ownerts
percentage interest in the general cofitmon elements.
The total funds of each account shaII be used and
disbursed., without contribution from one account
to another by the Associationr os attorney-in-
fact, for the same purposes and in the same order
as is provided in subparagraph (b) (t) through(5) of this paragraph.
(d) If the owners of a majority of the con-
dominium units adopt a plan for reconstruction,
which plan has the unamious approval of all first
mortgagees, then all of the owners shall be bound
by the terms and other provisions of such plan
Any assessment made in connection with such plan
shall be a corTrmon expense and made pro rata
according to each ownerts percentage interest in the
general common elements. Such assessment shall be
due and payable within thirty (30) days after written
notice thereof is given. The Association shall have
the authority to cause the repair or restoration of
the improvements using all of the insurance proceeds
for such purposes notwithstanding the failure of an
owner to pay- the assessment. Th; assessment provided
for herein shalI be a debt of each owner and. a lien
on his condomin.ium unit and may be enforced and
collected as is provided in paragraph 2L. In addition
thereto, the Associationr ds attorney-in-fact, shalI
have the absolute right and porver to selI the
condominium unit of any owner rc:fusing or failing to
pay such assessment within the time provided, and
if not so paid, the Association shall cause to be
recorded. a notice that the condominium unit of the
delinquent olner shaII be sold by the Association.
The proceeds derived from the sale of such condominium
unit shall be used and disbursed by the Association,
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as attorney-in-fact, for the same Purposes and in
the same order as provided in subparagraph (c) (1)
through (5) of this ParagraPh.
(e) The owners of seventy-five percent (752)
or more of the general coflImon elements may agree
that the general comlnon elements of the property
are obsolete and that the same should be renevred or'reconstructed, fn such instance, then the expense
thereof shall be payable by all of the owners as
common expenses.
(f) The owners of seventy-five (75e"\ or more
of the general common elements may agree that the
condominium units are obsolete and that the same
should. be sold.. Such agreement must have the' unanimous approval of every first. mortgagee. In
such instance, the Association shal1 forthwith
record a notice setting forth such fact or facts,
and upon the recording of such notice by the
Associationts president and secretary, the entire
premises shall be sold by the Associationr ds
attorney-in-fact for all of the orvners, free and
clear of the provisions contained in this Declaration,
the I'Iap, and, the By-Laws. The sales proceeds shall
be apportioned between the ohrners on the basis of
each-owner's percentage interest in the general
common elernenLs, and such apportioned proceeds shall
be paid into separate accounts representi-ng each
conclominium unit. Each such account shall be in
the name of the Association, and sha1l be further
identified by the number of the unit and the name
of the orvner. From each separate account, the
Associationr dS attorney-in-fact, shall use and
d,isburse the toLal amount of such accounts, without
contribution from one account to another, for the
safiIe purposes and. in the same order as is provided
in subparagraph (b) (1) through (5) of this para-
graph
25. PERSONAL PROPERTY FOR COMMON USB- Prior to
the first conve clarant
shatl execute and deliver a bill of sale to the Association,
transferring all items of personal property located. on the
-2L-
entire premises and furnished by Declarant, and intendedfor the cortrmon use and enjoyment of the condominium i:nit
owners and occupants. The association shaIl hold title to
such property for the use and enjoyment of the condominiumunitownerSandoccupants.Noownersha11haveanyot'her
interest and. right thereto and all such right and interest
sha1l absolutely terminate upon the oryner's termination of
possession or ownership of his condominium unit
26. MAILING OF NOT]CES. A11 notices, demands, or
other notices iffid upon an owner shall be
sent by ordinary mail or certified maiI, postage prepaid,
addressed in the name of such owner in care of the unit
number and build.ing address of such owner. AIt notices,
demands t or other notices intended to be served upon the
Managing Agent or the Board of Managers of the Association
or the Association shall be sent by ordinary or certified
mai], postage prepaid, to Valley View West Condominiums, Inc.,
51519 U. S . Highway 6 , Glenwood Springs, Colorad,o, 8160L .
27 . PBRIOD OF CONDOTYINIUM OWNERSHIP. The separate
condominium estEEes and the Map
sha1l continue unt.il this Declaration is revoked in the
manner ancl as is provided in paragraph L7 of this Declarationor un'1.iI terminated in the manner and as is provided in
subparagraphs (c) and (f) of paragraph 24 of this Declaration.
28. RESTRICTIVE COVENANTS.
(a) No dogs, cats or other animals of any
kind. shalI be permitted
(b) No advertising signs, billboardsr uD-
sightly objects or nuisances shall- be erected, placed. t oE
permit.ted to remain on the premises, nor sha1l the premises
be used in any vray or for any purpose rvhich may end.angerthe heal-th or unreasonably disturb the owner of any con-
domini-um unit or any resident thereof. Further, no business
activities of any kind. whatever shal1 be conducted. in anybuilding or in any portion of the property; provided, however,
the foregoing covenants shall not apply to signs identifying
the buildings, units, common areas or other improvements.
(c) No nuisances shall be alIowed on the con-
domi-nium property, nor any use or practice which is the
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source of annoyance to residents or which interfers with the
peaceful enjoyment or possession and. proper use of the
|roperty by-its residents. All parts of the property shall
L" X"pt in a clean and sanitary condition, and no rubbish,
refus-er of garbage shall be allovled to accumulate nor any
fire hazard.-to exist. No unit ol.Tner shall permit any use
of his unit or rnake use of the general common elements which
will increase the rate of insurance upon the condominium
property. The Association may adopt rules and regulations
refltivE to abatement and enjoinment of nuisances.
(d) No immoral, improper, offensive, or unlaw-
ful use shaIl be perm-itted or made of the condominium property
or any part thereof . All valid laws, ordina]lces, and
regulltiotr= of all governmental bodies having jurisdiction
and all covenants shall be observed.
(e) Ru1es and regulations may be ad'opted by
the Board of Managers of the Association concerning and
governing the use of the general common elementsi provided,
fror".r.r, that such rules and regulations sha1l be furnished
to unit owners prior to the time that. they become effective
and that such rules and. regulations shall be uniform and
nondiscriminartory.
(f) Excepl for those improvements erected
or installed by Declarant, no exterior additions, alterations,
or decorating to any buildings, walls, and other strucLures
shal} be commenced, erectedr oI maintained without the
prior writLen approval of the Board of Managers of the
Association
ro j oin and orhi?],, =3"i.,lr::"ff3tli#.ut:tr::E:.=i;llr:?:""tfr"-organization of any special improvement district to be
formed-at any future time encompassing the premises
29. AUTOI,IOBILE PARKING T,ACILITIES. AS A PATI Of
the general co signated on the
cond6rninium map various automobile parking areas rvhich shall
be under the eiclusive possession and control of the Association-
One (1) parking'space shall be assigned to each unit.. The use
thereof sfraft 6e subject to the terms and conditionsr ds the
Association ilay, in its sole discretion, direct'
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30.STORAG.EARB-A,S.Asapartofthegeneral
common elements there shalr-be'designated on the condominium
map storage areas vlhich shall be under the exclusive possession
and control of the Association. The use thereof shall be
subject to the terms and, cond.itions as the Association malr in
its sole d.iscretion, direct-
3I.ACCEPTANCEoF?RoVISIoNSfNALLDoCUMENTS.The
conveyance or e unit shall be
_ ! ^_-deemed to include the acceptance of al} of the provisions of
this Declaration, the ArtiLtes of Incorporation .t9.By-Laws
"f-lfr" Associ ation and rules. and regulations from time to
time adopted ;;-ah" Association and-shall be binding upon each
grantee or .n"i,nrlcrancer without the necessity of -inclusionof such an express provision in the instrument of conveyance
or encumbrance
32. GENERAL.
. (a) "Dec1arant" as used herein means the named
Declarant, their heirs, devisees, personal representatives,
successors and assigns-
(b)IfanyoftheprovisionsofthisDec}aration
of any paragraph, se-ntence, clauser.phraser or word'
;; ifrl lppt{calion thereof in any circumstances be
invalidatba, such invalidity shall not affect the
validity of the remainder of this Declaration, and
th; .ppii"-t,ion of any such provision, p"Iiglipll-^..
senteile, clause, phraser or word in any other carcum-
stance shall not be affected thereby
(c)TheprovisionsofthisDeclarationshall
be in addition to and supplemental to the condominium
Owrrersfrip Act of the State of Colorado and to all other
provisions of larv.
(d) That whenever used herein ' unless -th"context shali otherwise provid.e, the singular number
sha11 include the plurall the plural the singular, and
the use of any gende. shall include all genders.
(e) Paragraph titles are for convenience of
reference .ta are n5t intended to limit, enlarge or
change the meaning of the contents of the various
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paragraphs.
IN WITNESS WHEREOF, Declarant have duty executed
VALLEY VIEW ASSOCIATES
By
RICHARD M. JENNINGS
General Partner
STATE OF COLORADO )
)ss
couNTY OF GARFTELD t
The foregoing Condominium Declaration for Valley View
West Condominiums was acknowled.ged before me this
-
day
of , L979, by Richard M. Jennings, general
par@ew Associates.
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ATTACHED TO AND
FOR VALLEY VIEW
OF COLORADO
EXHIBIT A
FORMING A PART OT
WEST CONDO}TINIUMS,
CONDOMINIUM DBCLARATION
couNTY oP GARFTELD, STATE
Unit No.Percentage- Interest
Unit No.Percentage'Interest
27
28
29
30
31
32
33
34
35
36
37
3B
39
40
4L
42
43
44
45
46
47
48
49
50
51
52
I
2
3
4
5
6
7I
9
10
11
L2
13
L4
15
16
L7
18
19
20
2t
22
23
24
25
26