Covenant Enforcement

The Dunes Park neighborhood is a covenant controlled community subject to the Amended and Restated Declaration of Covenants, Conditions and Restrictions (the Declaration). The Declaration document was filed in the Adams County Clerk and Recorder's Office on January 17, 2017. All 250 single family home lots and all 182 townhome units are subject to the Declaration document.

Each lot is subject to the covenants, conditions and restrictions provided in the Declaration. Article 3 (General Restrictions Applicable to Common Interest Community) and Article 4 (Architectural Approval) contain the specific restrictions applicable to each lot.

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Note: The townhomes are also subject to additional covenants, conditions and restrictions provided in the Condominium Declaration for the Lakes at Dunes Park (Townhome Declaration) executed on October 17, 2001. The Lakes at Dunes Park HOA is responsible for enforcing the Townhome Declaration.

Restrictions and Prohibitions Applicable to Lots

Article 3 of the Declaration Document contains the restrictive covenants.

Lot Modifications Requiring Pre-Approval

Section 3 and 4 of the Declaration Document and the Design Guidelines and Standards (January 2004 revision) lists the modifications or improvements to lots that require the pre-approval of the Design Review Committee.

Design Review Committee (DRC)

The Design Review Committee (DRC) is comprised of homeowners who volunteer their time serving on the Committee. The DRC Chairperson is appointed by the District board of directors and other members of the DRC are appointed by the DRC. Although positions on the DRC are not elected positions, the District Board has oversight authority over the DRC. (The DRC reports to and receives is power from the District Board.)

The DRC’s primary responsibilities include the following:

  1. Review and approve (or deny) written architectural requests submitted by homeowners;
  2. Maintain the Design Guidelines and Standards for the neighborhood;
  3. Monitor homeowner lots to ensure compliance with the Design Guidelines and Standards

Lot Maintenance

Homeowners are required to comply with the following:

  1. All equipment and objects (including tools, lawn mowers, snow removal equipment) must be stored within an enclosed structure when not in use [Section 3.7];
  2.  
  3. Trash cans must be stored out of sight except on trash pick-up days (which begins the evening before and the morning after the homeowner’s trash pick-up day) [Section 3.10]; and
  4.  
  5. Lots shall be kept free from weeds, brush and other growth deemed by the DRC as unsightly or causing undue danger of fire [Section 3.9].

In addition, homeowners are subject to complying with the following maintenance requirement:

“No property within the Common Interest Community shall be permitted to fall into disrepair and all property within the Common Interest Community, including any Improvements, shall be kept and maintained in a clean, attractive, and slightly condition. Maintenance, repair, and upkeep of each Lot shall be the responsibility of the Owner of the Lot.” [Section 3.1]

The District board must exercise a great deal of judgment to determine what constitutes a lot that is maintained in a “clean, attractive and slightly condition.” Lots that are not maintained in a “clean, attractive and slightly condition” are in violation of this lot maintenance requirement. To better define and communicate its expectations regarding “clean, attractive and slightly” conditions, the Board developed a Covenant Violation Guidebook that establishes standards for lot maintenance. The Board encourages homeowners to review this guidebook so they can better understand the standards established by the District regarding lot maintenance.

The Covenant Violation Guidebook provides guidance on issues such as:

  1. What constitutes excessive weeds in rockbeds and planters
  2. What constitutes excessive oil stains in a driveway
  3. What constitutes adequate care of the lawn
  4. What constitutes adequate maintenance of flowerbeds and planters

Common Lot Maintenance Violations

The top nine most commonly noted violations within the neighborhood are as follows:

  1. Excessive weeds in the rockbeds and planters
  2. Excessive weeds in the lawn
  3. Failure to move trash cans to the backyard or garage
  4. Excessive oil stains in the driveway
  5. Dead or substantially dead trees
  6. Turf disrepair (i.e. bare dirt areas throughout the lawn area)
  7. Inadequately maintained flower beds and planters
  8. Excessive weeds in the driveway and/or sidewalk section separators
  9. Inadequate watering of front yard landscaping

Homeowners who are mindful of regularly monitoring and correcting these types of violations on their lots are much less likely to receive violation notices from the District.

Rental Properties

Owners are responsible for maintaining their Lots in a manner that reasonably complies with the covenants and restrictions contained within the Declaration Document. The Board will hold Owners, who rent or lease their homes, responsible for the reasonable maintenance of their lots—regardless of any contractual maintenance arrangements that may exist between Owners and their renters or their property management companies.

Owner Responsibilities

The Board will hold Owners, who use the lots as their primary residence, responsible for the reasonable maintenance of their lots—regardless of the Owners’ business, vacation or other schedules that may cause the Owners to be away from their lots for extended periods of time. Also, Owners are responsible for being familiar with the covenants and restrictions contained within the Declaration Document and the Architectural Design Guidelines and the Board’s interpretations of the various covenants and restrictions as provided in the Board’s Covenant Violation Guidebook.

Enforcement Process

The District Board, through its management company, performs neighborhood inspections approximately every two weeks. For all lot violations noted during neighborhood inspections, the District will send out letters notifying the owners of the nature of the violation and the date on which it was observed. In addition, homeowners are subject to fines when recurring violations of the same type are identified on their lots.

The notice and fine schedule for covenant enforcement is as follows:

First Notice

Written courtesy notice

Second Notice

Second courtesy notice

Third Notice

Written notice of $25 fine

Fourth Notice

Written notice of $50 fine

Fifth Notice

Written notice of $100 fine

Sixth and
Subsequent Notices

Written notice of $100 fine and intent to file lien and/or turnover to attorneys

The District Board allows homeowners ten (10) calendar days from the date of the written notice to correct the violation. If, on a subsequent inspection, the violation has not been corrected, the next notice in order will be sent to the homeowner.

Fines are not assessed on a homeowner’s account until after the homeowner has an opportunity for a hearing (see below). If the homeowner does not request a hearing within ten (10) days of date of the written notice, the related fine may be assessed on the homeowner’s account.

LEGAL FEES

After a third notice regarding the same open property maintenance violation, the District may turn over a property any time to the District’s legal counsel to initiate legal action against the homeowner (including filing a covenant lien and obtaining a judgment in court). In addition to addressing any judgement that may be obtained by the District against a homeowner, the homeowner must reimburse the District for any legal fees the District incurs related to the enforcement of a violation (in addition to paying any violation fines assessed by the District).

Hearing

Homeowners who receive violation notices may request a hearing before the District board to present evidence, testimony and present witnesses to support their case. Homeowners must submit their request for a hearing within 10 days of the date of the notice.

A request for a hearing can be submitted via email or via regular mail to the District's property manager.

Changes to or Termination of the Dunes Park Declaration Document

Homeowners may conduct a vote in accordance with the Declaration Document to change or terminate the covenant-controlled community. In accordance with the Colorado Common Interest Ownership Act (Section 33.3 of the Colorado Revised Statutes) and Article 9 of the Declaration Document, approval from 67% (or 290) of the 432 lot owners within Dunes Park must be obtained to pass any proposed changes to or termination of the Declaration Document.

DISCLAIMER - ADDITIONAL INFORMATION

The information contained on this page is incomplete and only intended to be a summary of certain key provisions of the District's Covenant Enforcement Policies and Procedures and the District's Collection Policies and Procedures. Homeowners are responsible for carefully reviewing the District's policies and procedures (posted in the public document library on this website) to understand the District's and homeowners' respective responsibilities and rights regarding the enforcement of covenants, conditions, restrictions, rules applicable to the use and enjoyment of their properties.