We’ll be sharing almost 26 acres of common land, including 10+ acres of lake. Many of us will share driveways. All of us who choose to live here will, we hope, share the desire to create a really liveable neighborhood with dark night skies, minimal water use, and a relatively low impact personal presence for our homes, animals and stuff. We all just want to be good neighbors, right?
If you want a copy of the filed/signed Bylaws and Covenants, please contact us!
TOTTEN HOMEOWNERS ASSOCIATION
BYLAWS
ARTICLE I
GENERAL PROVISIONS
1.1 Name and Location. The name of the Association is Totten Homeowners Association, incorporated under the laws of the State of Colorado. Location of HOA will be as stated in the Articles of Incorporation and as may be amended from time to time.
Meetings of the HOA will be held at the current Association location or as otherwise noticed to Members.
1.2 Documents. By reference, the current Declaration of Covenants, Conditions and Restrictions (the Declaration) become an attachment to these bylaws.
ARTICLE II
MEETINGS OF MEMBERS
2.1 Annual Meetings. The Association's annual meeting of the Members shall be held each year at such place and time as the Board of Directors may designate. The purpose of the annual meeting shall be for electing a Board of Directors, updating the Members, making decisions regarding the Association, and for any other Association affairs that may come up. Notices of meetings shall be emailed to all Members of the Association at least 30 days before the meeting.
2.2 Special Meetings. Special meetings of the Members may be called by the President, the Board of Directors, or written request of the majority of Members of the Association, at any time. The purpose of the meeting shall be stated in the call to the meeting and at least 14 days emailed notice shall be given.
2.3 Eligibility to Vote. All Members must be current and in good standing with the Association to be entitled to (1) vote, (2) hold elective or appointive office, and (3) serve on committees as may be established. Each separate Lot in the Association will have two votes.
2.4 Electronic Attendance. Participating by phone or video conference shall be allowed.
ARTICLE III
BOARD OF DIRECTORS
3.1 Composition. The Association's Board of Directors shall be composed of the elected officers. The total number of Directors to constitute the entire Board shall be equal to, and not less than three (3).
3.2 Powers. The Board of Directors shall have all the powers and rights necessary to administer the Association's affairs and to perform the Association's responsibilities and to exercise its rights as set forth in these Bylaws, the Declaration and the Articles. In particular, but not limited to, the Board of Directors have the power to:
a) manage, control and restrict the use of the Common Areas of the community and the conduct of the Association Members and their guests by adopting and publishing rules and regulations, and establishing a monetary penalties to enforce any lack of compliance.
b) suspend a Member's voting rights and the right to use the Common Areas if a Member is in default of any assessment payment due and owing to the Association, or for lack of compliance with the Association's published rules and regulations;
c) exercise all powers and duties authorized by these Bylaws, Articles of Incorporation or the Declaration;
d) create a vacancy of the office of a Member of the Board of Directors in the event of a Board Member's 2 consecutive unexcused absences to the regular meetings of the Board of Directors; and
e) employ and supervise managers, attorneys, independent contractors, or such other employees as the Board of Directors may deem necessary to perform its functions.
3.3 Duties. It shall be the Board of Directors' responsibility to:
A. maintain a complete and detailed record of all the Association's transactions and acts and furnish said records to the Members when such records are requested in writing by Members who are entitled to vote;
B. supervise the Association's officers, employees, and volunteers to ensure proper and ethical performance of the assigned duties;
C. as fully provided in the Declaration, to:
1. impose the contractual maintenance and other assessments against each Lot/Unit;
2. send written notice of each assessment to all Members of the Association;
3. cause the Common Areas to be maintained.
3.4 Compensation. No director or officer shall receive compensation for their services.
3.5 Removal of Directors. Any or all of the Directors may be removed for cause by vote of the Members or by action of the Board.
3.6 Resignation. A director may resign at any time by giving written notice to the Board of Directors.
ARTICLE IV
MEETINGS OF THE BOARD OF DIRECTORS
4.1 Regular Meeting. A regular meeting of the Board shall be held each year.
4.2 Special Meetings. Special meetings may be called by the president and shall be called upon the written, emailed request of two Members of the Board of Directors. The purpose of the meeting shall be stated in the call and at least 14 days written notice shall be given.
4.3 Quorum of Directors. A majority of the Members of the entire Board shall constitute a quorum.
4.4 Action of the Board. The act of the Board of Directors shall be valid, if the required quorum is present at the time of the vote, unless otherwise required by law. Each director present shall have one vote regardless of the number of lots/units, which he may own.
4.5 Notice of Meetings. Regular meetings of the Board may be held without notice at such time and place, within Colorado, as it may from time to time determine.
4.6 Action Without A Meeting. An action that is required or permitted to be taken by the Board of Directors or the committee under these Bylaws, the Articles or the Declaration may be taken without a meeting, only if the action is approved in writing and a resolution is adopted authorizing the action. The written consents and resolution shall be filed with the minutes of the proceedings and Association's records.
ARTICLE V
OFFICERS AND THEIR DUTIES
5.1 Officers. The officers of the Association shall be the president, a vice-president, and a secretary/treasurer.
5.2 Term of Office. Officers shall assume their duties at the close of the meeting at which they are elected. Officers shall serve for a term of two years until their successors are elected. Officers shall be allowed to serve consecutive terms in the same office.
5.3 Vacancy in Office. A vacancy in any office except President shall be filled by the Board of Directors.
5.4 Removal and Resignation. Any officer elected or appointed by the Board may be removed by the Board with or without cause. In any event of the death, resignation or removal of an officer, the Board in its discretion may elect or appoint a successor to fill the unexpired term.
5.5 Duties. Officers shall perform the duties provided in this section and such other duties as are prescribed for the office in these Bylaws.
A. President. The president shall be the chief officer of the corporation and shall preside at all meetings of the Members and of the Board to ensure that all orders and resolutions of the Board are carried into effect.
B. Vice-President. During the absence or disability of the President, the Vice-President shall have all the powers and functions of the President and perform such duties as the Board shall prescribe.
C. Secretary/Treasurer. The Secretary/Treasurer shall:
1. attend all meetings of the Association;
2. record all votes and minutes of all proceedings in a book to be kept for that purpose;
3. give or cause to be given notice of all meetings of Members and of special meetings of the Board;
4. be responsible for preparing and making available a list of Association Members entitled to vote, indicating the names and addresses at each membership meeting;
5. maintain all the Association documents and records in a proper and safe manner as required by state law;
6. maintain complete and accurate accounts of receipts and disbursements in the Association books;
7. deposit all money and other valuables in the name and to the credit of the Association in such depositories as may be designated by the Board;
8. disburse the funds of the Association as may be ordered or authorized by the Board and preserve proper vouchers for such disbursements;
9. prepare, or cause to be prepared, the annual benefit report;
10. render a full financial report at the annual meeting of the Members if so requested.
5.6 Elections. The officers shall be elected at the annual meeting.
ARTICLE VI
BOOKS AND RECORDS
The Association's books, records and documents shall at all times, during reasonable business hours, be subject to inspection by any Member at the principal office of the Association, where copies may be purchased at a reasonable cost. Furthermore, all outgoing officers, Directors, employees or committee Members must relinquish all official documents, records, and any materials and property of the Association in his or her possession or under his or her control to the newly elected Members within 7 days after the election.
ARTICLE VIII
AMENDMENTS
8.1 Amendment. These Bylaws may be amended, at a regular or special meeting of the Members, by a vote of a majority of a quorum of Members present in person or by proxy.
8.2 Conflict. In the case of any conflict between these Bylaws and the Declaration, the Declaration shall control.
8.3 Termination. The Association may be dissolved only as provided in the Articles of Incorporation
IN WITNESS WHEREOF, we, being all of the Directors of the Association have hereunto set our hands this _12th___day of _February___, __2020__By:
President - __Anne Markward___
Vice President- ___Kim Welty Allen_____
Secretary/Treasurer- __Douglas Walker__
TOTTEN HOA
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (DECLARATION)
This Declaration is made as a covenant and restriction upon the lands known as Totten PUD, platted at the office of the Montezuma Clerk and Recorder at date __February 19, 2020__ and under reception number _627913_ consisting of Lots 1-8 and the Common Ownership lands of Totten PUD, located on Road 29, Cortez, Montezuma County, Colorado.
Intent-
Totten PUD and the Totten HOA that govern it is a unique combination of single family lots in which the lot owners have most of the typical rights of ownership, and common land available to all lot owners which must have certain established rules about common land maintenance and uses in order to ensure all homeowners are satisfied with the result. The eight single family lots of Totten PUD lie upon a 38 acre tract, only a portion of which has been designated as individual ownership, the remainder being common to all. This common land consists of a large portion of the actual Totten Lake, wooded hillside, and general open space around the lots allowing for future circulation of all owners without private land restriction. This Declaration lays out a framework for conduct of the business of all the properties to ensure the intent of the Declarants is met and all owners are confident of their rights under this Declaration. This Declaration is not intended to be overly restrictive and does not intend to invite issues that may be divisive among homeowners. The Declarants have kept the Declaration as simple as is possible to achieve the needed result. The Totten HOA is governed by the totality of the Articles of Incorporation, the ByLaws and this Declaration.
1. General Site Considerations-
A. Home Construction-
Construction of Homes, Garages, Ancillary Structures by any Lot Owner is limited to the area within that lot and setbacks. No structures are to be constructed outside of any Lot.
Exceptions- Driveways, Septic systems (as described below), utilities to the lot, which must by their nature cross the Common Areas.
B. Home Construction Restrictions-
All structures within any lot must have a setback of 25’ from any lot line. This is a special dispensation toward Totten PUD by the Montezuma County Commissioners and general County wide setbacks do not apply. Construction of homes on any lot is subject to current restrictions of the Montezuma County Commissioners, which at the time of this Declaration , does not include building permits of any kind, but does require a septic system permit, an electrical permit, and a plumbing permit. Driveway permits have been completed by the Declarants and driveways, as assigned to each lot, are available for development without further permitting. It is the responsibility of each Lot owner to install a driveway to their Lot as needed, working in cooperation on maintenance and construction on jointly owned accesses. (See 2G)
C. Utilities-
Domestic water as provided by Montezuma Water Company has been reserved for each lot and is available at County Road 29. Tap fees for MWCo. Are the responsibility of the lot owner at construction. Natural gas service is available at County Road 29. Electric and Telephone Service is available where service connections or transformers have been placed. It is the responsibility of the Lot owner to install all needed underground utilities from their current location to the individual Lot. Common land can be crossed for this purpose. All costs of utility installation are the responsibility of the Lot owner.
D. Lighting, Noise-
Outdoor lighting on any Lot shall be limited to downcast “dark sky” types of lighting. All night yard lighting is discouraged and if used must not disturb other Lot owners. Excessive noise, except that of a transient nature, ie. loud music, loud machinery, any loud noises as a result of business activity, is prohibited.
E. Maintenance-
It is expected that Lot owners will keep their property in good condition. There is no restriction placed on quality of appearance, etc, within any Lot, however, it is assumed that any impacts to other Lot owners due to maintenance issues will be limited in nature.
F. Drainage-
Finish drainage of any lot during and post construction will not adversely impact other Lots, the Common area, or the County Road.
G. Animals-
No large animals are allowed, ie horses, cattle, sheep, etc. Small animals including normal pets, minor farm animals such as chickens (see noise above), etc. are allowed. Barking dogs are prohibited. Any Lot owner in possession of a dog with a habit of frequent or continual barking will be expected to keep that dog inside or remove it.
H. Noxious Weeds-
All Lot owners are required to comply at all times with Montezuma County Resolution 3-2014 and the Colorado Weed Management Act as to control of weeds and introduced species.
I. Wildfire Mitigation-
All Lot owners are required to comply with any Wildfire Mitigation requirements submitted as part of Totten PUD approvals.
Responsible defensible space around all homes is expected. Good fire protection is the responsibility of the Lot owner. The Board can consider for enforcement issues that may endanger other Lots due to fire danger.
J. Home Business Activity-
No restriction is placed upon normal home business activities such as home office, low level manufacturing, minor retail activities. However any business activity that would be considered commercial to a noise or traffic level that other Lot owners are disturbed by it, is prohibited. In many cases this is necessarily subjective and in some cases review by the HOA may be necessary. No excessive Noise or traffic.
K. Long Term/Short Term Rental-
No restriction is placed upon the ability of any Lot owner to have a long term or short term (i.e. AirBnB, VRBO) rental situation.
When advertised, covenant restrictions on noise, excessive partying, fireworks, etc must be clear. Any rental that becomes a nuisance to other Lot owners must be curtailed at the request of the HOA.
L. Guns, Explosives, Discharge on Property-
Regular discharge of firearms, setting of explosives (fireworks), etc. within Totten is prohibited. No hunting is allowed on Totten lands. The waters of Totten Lake are at many times of the year a wildlife/bird sanctuary and hunting of wildlife from Totten lands is prohibited by Totten land owners or the general public. Discharge of firearms to control nuisance animals such as prairie dogs is allowed. No restriction of any kind is placed on gun ownership by any Lot owner within Montezuma County and State of Colorado laws.
M. Recreational Vehicles-
RVs take many forms and sizes. These Declarations allow for the storage of RVs, boats, trailers and other ancillary vehicles on any Lot. Although in many cases difficult, it is expected that Lot owners will make their best efforts to keep these accessories from view, or well within a Lot’s boundaries, in order to minimize impacts to neighbors’ quiet enjoyment of their own viewshed and property.
N. Temporary Living-
It is acceptable for any Lot owner to place temporary living quarters upon their Lot (not on Common lands), RV, small trailer, etc. for the purpose of occupation during home construction. Time limit is one year, any extensions to be considered by the Board.
O. Time of Construction-
Any home begun on any Lot must be completed to a level of full occupancy (not Certificate of Occupancy as there is none) within a two year period from start of construction. Owner built homes needing a longer period must confine activities after two years to those that will not disturb other Lot owners. Additions or modifications to dwellings or structures on lots are allowed at any time.
2. Architectural Considerations-
A. Construction Review-
Any home or significant structure (garage, apartment, etc) must have its plans and elevations reviewed by the Board of Directors of the HOA prior to any construction. This is not intended to be an onerous condition requiring extreme conformity, but only that all lot owners can become aware of what is planned, and simple assurance that the structure conforms with the intent of this Declaration is secured.
B. Restrictions on Style of Dwelling-
All homes must be placed on permanent foundations. Trailer homes, manufactured housing, and modular homes are not permitted in Totten. Specific types of modern modular construction may be considered on a case by case basis.
C. Second Dwelling-
Montezuma County allows a second dwelling on any lot. Any second dwelling placed on a Totten HOA lot is limited to 1000 square feet of living space and may be a garage apartment or separate structure, or attached to the main home.
D. Square Footage-
There is no restriction as to minimum square footage or maximum. However the architectural review will consider general conformity with the overall project. Very large home structures over 3000 square feet of living area are strongly discouraged as not conforming with the limited impact intent of this Declaration.
E. Sustainability and Energy Use-
It is expected that all homes and any heated or cooled structure constructed in Totten will adhere to the best modern standards of energy efficiency, use of natural site light, and utilize where possible alternative energy sources such as photovoltaic electricity generation and passive solar features along with tight well insulated construction. These features will be reviewed during architectural review. Roof insulation level must meet an overall average of R38 and wall insulation R24. Infiltration through doors and windows must be minimized to modern standards.
F. Landscape/Xeriscape-
Minimal water use types of landscaping are encouraged. No separate irrigation water is currently available to Totten homeowners. Fencing of homes, lot lines, etc, is allowed and limited to 6’ in height for opaque fencing and 8’ for wire fencing.
G. Common Land Considerations-
Totten HOA administers about 28 acres of common land, to the benefit of all Lot owners. Approximately 10 acres of this land is within the lake of Totten itself and will need little attention. The remainder of the common land is available for the development of trails, lake front features, and other development as future Lot owners may mutually desire. Control of trash, maintenance, general appearance, signage, construction of common features of any kind, is the responsibility of all Lot owners. No tree removal beyond that needed for utility and driveway installation, or mitigation of fire hazards, on HOA Common Lands will be permitted without HOA approval.
G. Limited Commons-
There are 3 driveway approaches that are shared between Lots 2 and 3, Lots 4 and 5 and Lots 6 and 7. Those driveway approaches are a limited common element; maintenance and construction on those jointly owned accesses will be through cooperation between the two Lot owners and is not an overall HOA responsibility. Disputes in how that works can be brought to the HOA for resolution.
H. Totten Lake-
Permission to flood Totten HOA lands by the operators of Totten Lake was secured many years ago. That permission has passed from Montezuma Valley Irrigation Company to the Dolores Water Conservancy District and may change again in the future. Those entities are responsible for lake water levels as well as dam integrity. The Colorado Division of Parks and Wildlife has a minimum lake level agreement with lake operators to allow the survival of the fishery. This ensures there will always be a substantial lake area. However, Totten Lot owners do not have the ability to dictate lake levels on a seasonal basis and should refrain from trying to impose that on the current lake operators. It is not definite how lake front ownership and operation should occur at times when the Lake level is low and the high water line is exposed.
To keep this issue simple, it is intended that public access to Totten lake front land from the boat ramp area be limited to incidental fishing and hiking. No camping, fires, or group gatherings by the general public will be allowed along the Totten owned lake front regardless of lake level. Signage to that effect may be placed at the boundary between the boat and fishing access area to Totten and Totten HOA lands. Any Lot owner should feel free to enforce that limitation.
Due to funding limitations Totten Lake is currently (2020) only accessible to “carry in” motorless boats, canoes, kayaks, standup paddleboards, etc. It is the right of the operators of the lake and the Colorado DPW to provide boat inspection and allow motor boats on the lake should funding appear for inspection for aquatic invasive species contamination. Historically when this was allowed, it was low horsepower wakeless activity only. It is anticipated that this would not change even with reintroduction of motorized boats. The Totten HOA has no ability to govern such a change.
3. Assessments, Fees-
A. The Board of Directors may set monthly, quarterly or yearly fees as they see necessary only to support known expenses. Random HOA fees will not be assessed without a plan for their disbursement for common land uses. Only when a project is of such an expense that it is deemed a number of years of capital fund collection are needed will fees be allowed that are not expended in that year. A small carry over of funds each year, less than $2,000, is allowable. Assessments, once frequency is decided, are due and payable within 30 days of notice.
4. Administration, Enforcement, Variance, Remedy-
A. Each Lot shall have two votes in participation in the Homeowner Association issues. The Bylaws dictate how the Board of Directors must inform Lot owners of issues. After any time of notice required, a quorum shall be 12 of the 16 votes. A majority vote within any quorum will be required for any issue. Electronic voting and proxies shall both be allowed.
B. Enforcement-
By signing and agreeing to this Declaration all Lot owners have by reference indicated their agreement to abide by the Declaration. Enforcement by the HOA Board of Directors must necessarily be as a cooperative effort followed by any legal remedies available. Anynenforcement action by the Board must be commenced within one year of the recognition of an issue so eligible. In order to encourage uniform application of this Declaration, the Board shall not apply rules capriciously and in an unbalanced manner.
C. Methods of Enforcement-
Enforcement below must always be preceded by written notice to a Lot owner and an effort at resolution or informal mediation.
1. Impose a Fine-
The Board of Directors may impose reasonable fines for violations of the Declaration. The Board of Directors may place a lien upon a property and perfect that lien as a mechanism for ensuring payment of fines.
2. Small Claims Court
The Board of Directors may institute a lawsuit on behalf of the HOA in small claims court. Any injunction against a lot owner placed as a result of a small claims court action can also become a lien against a property.
3. Suspension-
Violation that has not been remedied through the above may be remedied by Suspension of rights within the HOA. Any suspension will include removal of any rights to the Common Land except driveway access and any other limitations as may be necessary at time of suspension.
5. Mutual Agreement to these Declarations-
These declarations have been recorded at the same time at the plat which creates the lots of Totten PUD was recorded. As such they are a covenant and restriction that goes with the land regardless of future sales of Lots to other owners. Enforcement is difficult and expensive and burdens all Lot owners. To that end, an additional requirement is added to these Declarations. All Lot owners at time of purchase must sign and agree to these Declarations to provide a clear understanding that any Lot owner is aware of their contents. By signing this document at purchase or change of title, Lot owners are indicating their full knowledge of these Declarations and the ability to enforce them.
6. Duration-
This Declaration shall remain in place and valid for a period of 20 years, though may be amended at any time with an unanimous of the Members to better suit HOA needs. At the conclusion of the 20 year period the HOA has the option of making amendments and changes or leaving the current Declaration in place. If no changes are made and no action is made by the Board of Directors after 20 years, the Declaration as then written will automatically renew for another 20 years.
These Declarations signed this _12th__ day of _February_ , _2020_ by the Declarants (original officers of Totten Land LLC) and duly recorded at the same time as the filing of the Totten PUD plat with the office of the Montezuma Clerk and Recorder.
Certification of Declarants-
__Anne Markward__
President, Totten Land LLC
__Kim Welty Allen__
Vice President Totten Land LLC
__Douglas W Walker__
Secretary/Treasurer Totten Land LLC
ADDENDUM Affidavit of Lot owner- (to be signed at purchase closing or transfer of any Lot)
I certify as purchaser of Lot ___ in Totten PUD and any improvements thereon, I have personally reviewed the Bylaws and the Declaration of Covenants, Conditions and Restrictions and agree to abide by their content.
Dated ______________, for Lot Number _________.
To be signed by all Lot owners as shown on property deed, including any officers of Trust, Holding Company or LLC etc.
______________________________________________________________
Signature followed by printed name and date.
_______________________________________________________________
_______________________________________________________________
This affidavit is to be executed at any time a Lot has ownership modification or change of title, including change of title through court action or foreclosure.