The words you are searching are inside this book. To get more targeted content, please make full-text search by clicking here.
Discover the best professional documents and content resources in AnyFlip Document Base.
Search
Published by tonimorse.co, 2019-09-11 18:03:45

Ocho Caballos Rules & Regulations

2014 Rules and Regulations OC

OCHO CABALLOS
RULES AND REGULATIONS

REVISED
August 23, 2014

These Rules and Regulations are published to ensure that Ocho Caballos continues to be a quality
townhome community with an excellent quality of life atmosphere and to aid in maintaining the
value of owner’s investment in Ocho Caballos. They supplement the Declarations, Covenants
and Restrictions, the Revised By-Laws of the Association, and the Articles of Incorporation.
The information contained herein applies to owners and renters alike.
Revisions to this manual will be made as required and updated pages issued accordingly.

The Ocho Caballos Townhouse Association (the “Association”) complies with all federal, state
and local laws. Each Owner and unit occupant shall read and comply with the following
documents, which shall be hereinafter referred to as the “Association Documents”:

- Declaration of Covenants, Conditions and Restrictions, recorded in Book 2766
beginning at Page 891 of the real property records of Il Paso County, Colorado, and
any amendments thereto the (the “Declaration”);

- Revised Bylaws of the Association (the “Bylaws”);
- Articles of Incorporation of the Association (the “Articles of Incorporation”);
- Any Policy, Procedure, Rule or Regulation of the Association, including these

Policies and Procedures and Rules and Regulations (sometimes referred to as the
“Policies & Procedures” and/or “Rules and Regulations).
The Association Documents, including these Rules, shall include those matters required or
allowed by the Colorado Common Interest Ownership Act, C.R.S. 38-33.3-101 et seq.
(“CCIOA).

1

INDEX

ARTICLE XV FROM DECLARATIONS Page 3

ARTICLE XVI FROM DECLARATIONS Page 4

SECTION A - LEASING Page 4
Leasing of Townhome Units

SECTION B - VEHICLES / PARKING Page 4
Vehicles Pages 4-5
Parking Page 5
Procedures for Parking Violations Page 5
Penalties for Parking Violations

SECTION C - GENERAL GUIDELINES Page 5-6
Pets Page 6
Sidewalks and Entrance Page 6
Common and Green Belt Areas

SECTION D - OUTDOOR RECREATION AREAS Pages 6-7
Swimming Pool Page 7
Tennis Court

SECTION E - CLUBHOUSE USE AND RESERVATION

Reserved Areas Page 7-8

Pool Table / Exercise Room Pages 8

Jacuzzi and Sauna Baths Page 8

SECTION F - ARCHITECTURE Page 8
Alterations to the Exterior Pages 9
Architectural Advisory

SECTION G – MISCELLANEOUS Page 10
Association Management Page 10-11
Insurance

2

From: Declaration of Covenants, Conditions and Restrictions
Article XV

Restrictive Covenants

Section 1. The Properties are hereby restricted to private residential use with associated
recreation and service facilities. All buildings or structures erected upon the
Properties shall be of new construction. No structures of a temporary character,
trailer, basement, tent, shack, garage, barn, or other outbuilding shall be used or
installed on any portion of the Properties at any time either temporarily or
permanently.

Section 2. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on the
Properties, except that dogs, cats, or other household pets may be kept, provided that
they are not kept, bred, or maintained for any commercial purpose.

Section 3. No advertising signs (including “For Sale” signs), billboards or unsightly objects or
nuisances shall be erected, placed or permitted to remain on the Properties nor shall
the Properties be used in any way or for any purpose which may endanger the health
or unreasonably disturb the owner of any living unit or any resident thereof.

Section 4. No clotheslines shall be erected on the Properties. All rubbish, trash and debris shall
be deposited only in places provided for that purpose.

Section 5. Except in the individual patio areas, balconies, or courtyards, no individual planting
or gardening shall be done.

Section 6. The Association’s Board of Directors shall have the right and power to provide for
the construction of additional recreational and other common facilities, from time to
time, as in their discretion appears to be in the best interest of the Association and all
Owners.

Section 7. Any common sidewalks, driveways, entrances, halls, stairways, and passageways
shall not be obstructed or used by any Owner for any other purpose than ingress to
and egress from the Living Units.

Section 8. No vehicle belonging to or under the control of an Owner or a member of the family,
guest, tenant, leasee, or employee of an Owner shall be parked in such manner as to
impede or prevent ready access to any entrance to or exit from a building. Vehicles
shall be parked within designated parking areas. Any traffic flow markings and signs
regulating traffic on the Properties shall be strictly observed.

Section 9. The Association may amend or promulgate Rules and Regulations for the common
interest and benefit of the Owners.

Section 10. Notwithstanding any of the foresaid provisions of this Article, the Declarant and its
employees, representatives, agents and contractors may maintain business and sales
offices, construction facilities and yards, model units and other facilities on the
Properties, and shall have the right to maintain appropriate sale signs on the
Properties.

3

Article XVI
General Provisions

Section 1. Enforcement. The Association, or any Owner shall have the right to enforce, by any
proceeding at law or in equity, all restrictions, conditions, covenants, reservations,
liens and charges now or hereafter imposed by the provisions of this Declaration.
Failure by the Association or by any Owner to enforce any covenant or restriction
herein contained shall in no event be deemed a waiver of the right to do so thereafter.

RULES & REGULATIONS

SECTION A - LEASING

LEASING OF TOWNHOME UNITS

1. Owners are responsible for ensuring that their tenants comply with these Rules &
Regulations.

2. Monetary penalties for violations by tenants will be assessed against the owner. Assessments
that accumulate unpaid may result in a lien against the owner’s property.

3. Notice of a violation will be given to the owner with a copy of the notice provided to the
tenant.

4. Upon an owner leasing a unit, a copy of the lease, fully executed, must be provided to the
Management Company. Leases must include a clause subjecting the tenant to the Rules &
Regulations of the Association.

5. Owners who lease their unit must keep the Management Company advised, in writing, of
their current address.

6. Owners are responsible to provide their tenants with a copy of these Rules & Regulations.

SECTION B - VEHICLES / PARKING

1. VEHICLES

a. Traffic within the complex shall not exceed the 10 miles per hour speed limit.
b. Except for washing, minor repairs / maintenance of personal vehicles is allowed only in

the garage.

2. PARKING

a. ALL FIRE LANES SHALL BE KEPT UNOBSTRUCTED AT ALL TIMES.
Vehicles illegally parked may be ticketed by the City and/or towed and stored at the
owner’s expense.

b. The visitor parking areas may be used by a guest temporarily residing here for a period
not to exceed two weeks.

c. Residents’ vehicles are to be parked in their garages. Garage doors shall remain closed
except for ingress, egress, or other intended garage uses. During hot weather when
ventilation of the garage is desired, garage door may be left partially opened to a
maximum height of one foot. Resident’s that have more than two vehicles must apply to
the Board for a parking permit to park there car on the north end of complex.

4

d. No commercial vehicles, or campers, RVs, boats, or trailers shall be stored or parked in
any parking area or any road within the complex except temporarily when engaged in a
service or for loading or unloading.

e. No unlicensed or unused vehicle may be parked in any area other than the owner’s
garage. An unused or stored vehicle is any vehicle not driven off the premises at least
once a week.

f. Vehicles must be in running condition and registered to a current residing Ocho Caballos
occupant.

g. Notwithstanding the foregoing, emergency motor vehicles are permitted in the
Association’s guest parking spaces if the emergency motor vehicle meets each of the
following requirements:
i. the emergency motor vehicle is required by the unit owner’s employer as a condition
of employment;
ii. the emergency motor vehicle weighs ten thousand pounds or less;
iii. the unit owner is a member of a volunteer fire department or is employed by an
emergency service provider;
iv. the emergency motor vehicle has some visible emblem or marking designating it as an
emergency vehicle; and
v. the parked emergency motor vehicle does not block emergency access or prevent
other unit owners from using the streets.

h. Open Parking is located at the north end of the complex.
i. Residents are responsible for guest violations.

3. PROCEDURES FOR PARKING VIOLATIONS

a. Vehicle owner will receive a call at the time of the infraction.
b. If owner is not known, vehicle will be stickered.
c. All offenses will be documented – date, vehicle, license number.

4. PENALTIES FOR PARKING VIOLATIONS

a. First offense: a phone call or sticker.
b. Second offense: a letter of notification, appearance before the Board, and a fine of $25.00.
c. Third offense: appearance before the Board, a letter of notification, and a fine of $100.00.
d. Offenses after the third offense may result in towing of the vehicle with the owner paying

all costs or an additional fine. Owner will be notified vehicle is being towed.

SECTION C - GENERAL GUIDELINES

1. PETS

a. No pets may be kept, bred, or maintained for any commercial purposes.
b. Pets are not permitted to run loose on the common area.
c. Pets are not permitted to be leashed to any object on the common area.
d. Pets must not be housed on the patios.
e. All pets shall be carried by the owner / resident or under leash while in the common area,

and are not permitted to urinate or defecate on the premises.
f. Owners are responsible for any pet damage to the premises.

5

g. Pets (one small dog or cat per household) may reside in residences provided behavior is
not annoying to other residents. Classification does not include guide dogs. No pets shall
be permitted to bark, howl or otherwise create any obnoxious sound, odor, or disturbance.

h. Visitors with pets or pets being temporarily cared for by an owner/renter shall comply
with the same pet rules as owners.

i. All pets must be kept in compliance with all applicable local ordinances or removed from
the premises upon receipt of notice from the Association.

j. Violators of Ocho Caballos pet rules and regulations shall be assessed a fine of $25.00
per occurrence. The Association may bring legal action to enjoin any violation of the
rules. Should such legal action be brought the Association shall, in addition to any relief,
be entitled to judgment against the party adjudged to be in violation of the rules for all
reasonable attorneys fees and court costs incurred in that action.

2. SIDEWALKS AND ENTRANCES

a. Sidewalks and entrances must not be obstructed or used for any purpose other than
ingress or egress. These areas cannot be used for storage. Toys and other articles, etc.
should be kept inside the unit. The owner is responsible for the maintenance of any
planting beds in the entrance way areas.

3. COMMON AND GREEN BELT AREAS

a. The common and/or green belt areas (including roads and sidewalks) are designed for the
pleasure and enjoyment of residents and their guests. They are not intended for nor are
they suitable as children’s playgrounds. Bicycles, skateboards and similar wheeled
vehicles shall not be ridden in the complex except for the specific purpose of traveling
between a unit and complex entrances.

SECTION D - OUTDOOR RECREATION AREAS

1. SWIMMING POOL

SWIM AT YOUR OWN RISK - NO LIFE GUARD

a. The pool is open between the hours of 7:00 a.m. and 10:00 p.m. daily from Memorial
Day through Labor Day.

b. Only residents and their guests are permitted to use the pool. Guests MUST be
accompanied by an adult (aged 18 or older) resident.

c. Children between the ages of 12 and 18 must be accompanied by an adult resident.
d. Children, age 12 and under, must be accompanied by a parent or authorized adult AT

POOLSIDE. Children unable to swim, regardless of age, must be accompanied by an
adult.
e. The pool gate shall remain closed and latched at all times, except during entry and exit of
the pool area.
f. Any resident is authorized to remove any person from the pool for good reason (improper
swimming attire, improper behavior, or other rule violations).
g. During pool operation hours, the following adult-only swim periods are designated:
11:00 a.m. to 1:00 p.m.; 5:00 p.m. to 7:00 p.m.; 9:00 p.m. to closing. Exceptions are
Memorial Day, Independence Day and Labor Day holidays.

6

h. Swimmers and sunbathers must be properly attired in swimming suits; no shorts, cut-off
jeans, playsuits, or underwear. TOPLESS female sunbathing is NOT allowed in any
common area.

i. Remove excess suntan oil or lotion before entering the pool. Cover pool furniture with a
towel or other suitable material.

j. Residents and guests in swimming attire are NOT to use the main or upstairs levels of the
Clubhouse.

k. Residents and guests using the pool area are to be considerate of the residents in nearby
townhomes. Please keep noise levels to a minimum especially before 8:00 a.m. and after
8:00 p.m.

l. Food and glass containers are prohibited at poolside. Drinks in paper, plastic or metal
containers are permitted. Food and drinks in proper containers are permitted on the
Clubhouse deck. Trash is to be disposed of in the proper containers (dumpsters), not left
at the pool side or on the Clubhouse deck.

m. The pool safety equipment is intended for emergency use only and not to be used for play.
n. Play equipment is limited to small float devices, masks, or inflatable balls. No large air

mattresses.
o. Roughhousing, running, spitting, wave splashing and obscene language are not allowed.
p. Throwing rocks or other foreign objects into the pool is prohibited.
q. Persons with infectious disease, open sores or bandages must not use the pool.
r. Pets are not permitted in the pool area.

2. TENNIS COURT

a. The tennis court is open year round, 8:00 a.m. to sundown, for the use of residents and
their guests.

b. No guests will be allowed on the court without a resident, playing or observing, present
on the court at all times. The tennis court is designed solely for playing tennis. No other
activities are permitted on the court.

c. Players will remove their belongings and debris from the tennis court and lock the gate
when leaving.

SECTION E - CLUBHOUSE USE AND RESERVATIONS

THE CLUBHOUSE IN ITS ENTIRETY IS A NON-SMOKING FACILITY

The Clubhouse is available for use between the hours of 8:00 a.m. and 10:00 p.m. daily. All
residents and guest are permitted to use the Clubhouse which is intended as a social/recreational
area. Residents are provided a card which will open the Clubhouse during normal hours. When
not in use, the Clubhouse should be kept locked.

1. RESERVED AREAS

a. ONLY the kitchen, lounge area and the deck, if the grill is reserved, can be reserved for
private social parties and functions.

b. Reservations are on a first-come, first-serve basis. An APPLICATION FORM (forms are
in the mail room) must be signed and returned to the designated clubhouse reservation
chairperson, along with a $100.00 deposit, at least 48 hours in advance of Clubhouse use.

7

c. Clubhouse clean-up following a reserved activity will be accomplished not later than
10:00 a.m. the following day. The deposit will be returned following appropriate clean-
up and an inspection by the Clubhouse Chairperson to insure that no damage to the
Clubhouse has occurred.

d. There is a $5.00 NONREFUNDABLE charge for use of the gas grill on the deck. Rental
is made through the Clubhouse Chairperson.

e. NO fires are to be built in the Clubhouse fireplace.

2. POOL TABLE / EXERCISE ROOM

a. Residents may use the pool table/exercise room any time during the hours of 8:00 a.m.
and 10:00 p.m. daily; guest MUST be accompanied by an adult resident.

b. Combination numbers for the release of pool balls and cues can be obtained from a Board
member or the Clubhouse Chairperson. Upon completion of play, equipment will be
returned to the proper location.

3. JACUZZI AND SAUNA BATHS

a. The jacuzzi and saunas are unique facilities. Their use may be dangerous to persons who
are not fully aware of their methods, purposes and consequences. Be aware of your own
limitations and the dangers involved prior to use. The temperature in the jacuzzi is set at
104 degrees Fahrenheit. Children MUST NEVER be left unattended near the jacuzzi or
saunas. Children under 12 are NOT permitted in the jacuzzi because of safety reasons.
Children between the ages of 12 and 18 must be accompanied by an adult resident.

b. The jacuzzi and two saunas (one in each restroom) are on the lower level of the
Clubhouse and may be used by residents and guest at any time during normal Clubhouse
hours. Guest MUST be accompanied by an adult resident.

c. A dressing room with showers is provided for members using the sauna and/or jacuzzi.
d. A shower is suggested prior to using the jacuzzi. (Turn off showers tightly after use).
e. No food or drinks are permitted in the jacuzzi or the saunas.

SECTION F - ARCHITECTURE

The following provisions are supervised by the Architectural Control Committee (ACC).
Requests for exceptions to these Rules & Regulations should be made on the standard form and
submitted along with a picture or drawing, if needed, to the ACC for consideration. The forms
may be found in the mail room. The final determination will be made by the Board of Directors.
A written response will be given to the petitioner within 30 days, unless additional information or
clarification is needed to make a decision. If additional information is necessary, the request will
be disapproved and the petitioner will be notified of the need for more information. A decision
will be rendered within 30 days after sufficient information has been given to the ACC and
Board.

1. ALTERATIONS TO THE EXTERIOR OF A UNIT WITHOUT WRITTEN
AUTHORIZATION ARE PROHIBITED

a. Requests to make changes, including gate, fence and window replacements, MUST BE
MADE IN WRITING on the standard ACC form. The petitioner will be notified IN
WRITING of the decision. UNAUTHORIZED alterations and/or variations to existing
architecture can be removed by judgment of the Board of Directors at the owner’s
expense.

8

2. ARCHITECTUAL ADVISORY

a. No signs (For Sale / Rent), advertisement, notice or other lettering shall be displayed,
exhibited, inscribed, painted or affixed by any owner or resident on any part of the
building or displayed in the window or door of any unit or in the common areas.

b. Notwithstanding the foregoing, the following types of signs/displays are permitted under
the following conditions:

i. American Flags. The American flag may be displayed on an owner’s property or
within the window of a unit or a balcony adjoining a unit, but may not be attached to
the exterior of the unit in any manner except by a bracket, which has been approved
by the Association, or a flagpole located in the rear of the unit. The flag must be
displayed in a manner consistent with Federal and State Flag Codes. The flag may
not be any larger than 36 inches by 48 inches.

ii. Service Flags. A Service flag bearing a star denoting the service of the unit owner or
a member of unit owner’s immediate family in the active or reserve military service of
the United States during the war or on conflict may be displayed on the inside of a
window or door of the unit owners home. The Service flag may not exceed 36 inches
by 48 inches.

iii. Political Signs. Except to the extent restricted by city, town, or county ordinance, an
Owner may have one political sign, as defined by the statute, to be located on the
Owner’s property or in a window of the Owner’s property, per political office or
ballot issue that is in a pending election, with a maximum dimension of 36 inches by
48 inches, displayed no earlier than forty-five (45) days before an election day and no
later than seven (7) days after an election day.

c. No individual garage sales allowed. The Board may sanction one community sale per
year. Sale participants will be responsible for the cost of arrangements, advertising,
parking, and crowd control. Written authorization for the sale must be obtained from the
Board.

d. No resident shall erect or have erected any form of aerial, antenna, satellite dish, poles,
wires or similar objects of any kind on any balcony, patio, roof or building exterior.

e. No awnings or other projections shall be attached to the exterior of the buildings and no
blinds or shades shall be attached to, hung, or used in conjunction with any exterior
balcony, patio, window, or door of the unit.

f. Drapes, blinds, window coverings or curtains within the unit must have a white or neutral
appearance visible from the outside. Solar film or similar products which are not made
integral to windows during their manufacture, are prohibited. (Non conforming films in
use as of the date of these Rules & Regulations may remain. However, if deterioration,
such as blistering or discoloration, occurs to an extent deemed to be objectionable by the
ACC and/or the Board, removal may be required.)

g. Storm/screen doors, as well as garage door replacements must be similar to those
presently on the property and have prior written approval of the Board of Directors.

h. No resident shall plant or remove flowers, plants, gardens or any other shrubbery in the
common areas.

9

SECTION G – MISCELLANEOUS

1. Association Management. The services of a management firm (the “Managing
Agent”0 have been contracted to handle the day-to-day enforcement of these Rules, as well as the
other Association Documents. The Managing Agent is authorized to take those actions necessary
to ensure the compliance of all residents with the standards of the complex.

2. Insurance

a. The comprehensive project policy DOES NOT cover the contents of a unit
or liability growing out of guests on the premises. Each unit Owner and/or occupant should
arrange for insurance coverage for all losses and risks growing out of the ownership and/or
occupation of the premises.

b. If any Owner files a claim against the Association’s insurance policies,
that owner shall be responsible for paying the deductible on that insurance policy as provided by
the Association Documents and further shall be responsible for any costs or loss as well as any
costs of collection and reasonable attorney fees to the Association if the Owner, guest or tenant
of the Owner is responsible for the cause of the loss, or if the loss resulted from any equipment or
item located within the Owner’s unit.

c. In order to assist in keeping the Association’s insurance premiums down,
it is requested that all Owners contact the Association-either its manager or Board members-prior
to filing any claim on the Association’s insurance policy..

d. Individual Owners are responsible for obtaining insurance on their own
units to cover the all personal belongings, which is commonly known as an “HO6/Condominium
Unit Owners Policy.” An HO6 policy typically covers those items that can be easily removed
from a unit, like personal belongings, clothing, drapes and electronics equipment. In addition,
each Owner shall be responsible for obtaining any liability insurance for injuries within that
Owner’s unit and any other insurance desired by the Owner or otherwise required. Owners must
consult with their own insurance agents as to appropriate coverages.

e. All damages resulting from the acts or omissions of the Owners or any
other person in the community with the permission of or under the authority of the Owner are the
responsibility of the Owner and for which the Owner shall be liable. In cases where such damage
is covered under the Association’s insurance, the Owner shall be liable for the deductible and for
subrogated claims by the insurance company. The Board shall determine whether the damage is
the responsibility of the Owner, but the Owner may request a hearing before the Board for
reconsideration of its determination.

f. Notwithstanding any other provision herein, before an Owner may file a
claim against the Association’s policy as if the Owner were a named insured, the following
conditions must be met:

10

i. The Owner has contacted the Board or the Managing Agent in
writing, and in accordance with the Association Documents, regarding the subject matter of the
claim:

ii. The Owner has given the Association at least fifteen (15) days to
respond in writing, and, if so requested, has given the Managing Agent a reasonable opportunity
to inspect the damage: and

iii. The subject matter of the claim falls within the Association’s
insurance responsibilities.

g. All damages resulting from the acts or omissions of the Owner or any
other person in the community with the permission of or under the authority of the Owners are
the responsibility of the Owner and for which the Owner shall be liable. In cases where such
damage is covered under the Association’s insurance, the Owner shall be liable for the deductible
and for subrogated claims by the insurance company. The Board shall determine whether the
damage is the responsibility of the Owner, but the Owner may request a hearing before the Board
for reconsideration of its determination.

11


Click to View FlipBook Version