FOURTH AMENDED AND RESTATED
DECLARATION OF COVENANTS AND RESTRICTIONS
Tiger Run Recreational Vehicle Resort
SUMMIT COUNTY, COLORADO
This DECLARATION made and executed on this date____7/27________2007, TIGER RUN OWNERS ASSOCIATIONWITNESSETH:
WHEREAS, Resort Development, Inc. has previously recorded at Reception No.248026 of the records of Summit County, Colorado, a certain Amended Declaration of Covenants and Restrictions affecting Tiger Run Resort Recreation Vehicle Park, and a Second Amended and Restated Declaration of Covenants and Restrictions at Reception No.325542 and a Third Amended and Restated Declaration And Covenants And Restrictions Tiger Run Resort Recreation Vehicle Park, Summit County, Colorado at Reception No, 452264 which revokes all prior Declarations; and
WHEREAS, Article XVII of said Third Amended Declaration of Covenants and Restrictions provides that the provisions thereof may be changed, revoked, amended or modified, or that additional covenants and restrictions may be imposed by the Owners of not less than 80% of the undivided interest in the Common Use Area, as defined therein; and
WHEREAS, pursuant to the Colorado Common Interest Ownership Act, C.R.S. §38-33.3-217, the required approval of 80% of the Owners for amendment is now void; and
WHEREAS. Pursuant to the Colorado Common Interest Ownership Act, C.R.S. §38-33.3-217, the amendment requirement for this Declaration is now 67% of the Owners’ and
WHEREAS, Tiger Run Owners Association (“Association”) is now the entity responsible for the administration and operation of the Property as the successor, assign and transferee of the Declarant. And whereas the Association, having received the affirmative vote of not less than 65% of the Owners of the undivided interest in said Common Use Area to amend said Third Amended Declaration of Covenants and Restrictions and to adopt new covenants and restrictions changing, amending, modifying and restating the provisions thereof.
NOW, THEREFORE, the said Tiger Run Owners Association. on behalf of no less than 65% on the Owners of the undivided interest in the Common Use Area and pursuant to its authority under the Declaration and By-Laws, does hereby declare that the aforesaid Third Amended and Restated Declaration of Covenants and Restrictions, together with all other amendments, covenants, conditions and restrictions heretofore created affecting the property hereinafter described are hereby revoked in their entirety; and the said Tiger Run Owners Association on behalf of the Owners, does hereby make, create and declare the following covenants, as benefits and obligations running with the property, and as binding upon it, its successors and assigns, and upon all parties claiming under it, and upon all present and future Owners and occupants of any part of said property, so long as these restrictive and protective covenants shall remain in force and effect as now written or as hereafter altered.
The provisions hereof are hereby made applicable to all property located in Tiger Run Resort Recreation Vehicle Park Plats, according to the plat thereof recorded February 25, 1982, at Reception No.236574 of the records of Summit County, Colorado, as amended by the Replat of a Portion of Section "C" of Tiger Run Resort Recreation Vehicle Park Plats, according to the plat thereof recorded November 10, 1982, at Reception No.248025 and the replat dated July 29, 1996 Replat No. 428703 of the records of Summit County, Colorado.
As used herein, the following definitions shall apply:
2.0 “Association" shall mean Tiger Run Owners Association a Colorado Non-Profit Corporation.
2.1 "Board" shall mean the Board of Directors of the Association
2.2 “PUD Designation” or “PUD” shall mean the Planned Unit Designation governing the uses allowed on the Resort property adopted by Summit County and recorded at Reception No. 795703 on June 28, 2005 and as it may subsequently be amended.
2.3 "By-Laws" shall mean the By-Laws of the Association, as they exist from time to time.
2.4 "Common Expenses" shall mean all expenses incurred by the Association with respect to the conduct of the operational and management duties and functions charged or delegated to it hereunder, including, but not limited to, all expenses of maintenance, operation, repair and replacement of common use areas and facilities and any portion of the Units to be maintained by the Association, including reasonable reserves therefore; any expense for capital improvements approved by the members of the Association as provided herein; maintenance of roads and access ways; utility charges; snow and trash removal expenses; taxes; insurance; expenses for management and employees; legal and accounting expenses; expenses incurred for common security and enforcement of these covenants; any expenses declared common expenses by the provisions of this Declaration, PUD ,or the By-Laws; any other valid charge against the Common Use Area and facilities as a whole; and any other cost incurred by the Board for the general benefit and welfare of the Owners.
2.5 "Common Use Area" shall mean the common use area designated on the Plat, as amended by the Replat, together with all improvements located thereon, which area includes access roads, recreation area and complex, and greenbelt areas. Common Use Area shall be deemed to include all real property located within the exterior boundaries of the plat, together with all improvements located or to be located thereon, EXCEPT the real property located within all numerically designated Lots; all water and sewer lines and facilities; and any portion of the Common Use Area reserved by the Association for other use in accordance with the provisions hereof.
2.6 "TROA” shall mean Tiger Run Owners Association, a Colorado Non-profit Corporation, its successors and assigns, provided such successors or assigns are designated in writing by TROA as a successor or assign of any rights of TROA set forth herein.
2.7 "Declaration" shall mean this instrument, as the same may be amended from time to time.
2.8 “Lot” shall mean one of the numerically designated Lots depicted as Lots 1 through 248 and Lots 397 through 400 and Lots 249-367 as depicted on the Plat and on the Replat.
2.9 "Owner" shall mean the person or persons or other legal entities whose estates or interests, individually or collectively, aggregate fee simple ownership of a Unit, but shall not include those having an interest in a Unit merely as security for the performance of an obligation. Whenever any specific activity of an Owner is prohibited, permitted, or required hereunder, such prohibition, permission or requirement shall be deemed to apply to any person occupying the premises by right of the Owner, including family members, guests, invitees and tenants.
2.10 "Resort” or the “Property" shall mean the entire area included within the exterior boundaries of the Plat.
2.11 "Plat" shall mean the Tiger Run Resort Recreation Vehicle Park Plats, as recorded on February 25, 1982, under Reception No.236574 of the records of the Clerk and Recorder Summit County, Colorado, and any amendments thereto filed for record thereafter.
2.12 "Replat" shall mean the Replat of a Portion of Section "C" of Tiger Run Resort Recreation Vehicle Park Plats, as recorded on November 10, 1982, under Reception No.248025 and the replat dated July 29, 1996 Replat No. 428703 in the records of the Clerk and Recorder Summit County Colorado and any amendments thereto filed for record thereafter.
2.13 "Rules and Regulations" shall mean such reasonable rules and regulations as may be adopted from time to time by the Association to govern and control the use and occupancy of any Lot, Common Use Area, or other facility located within the Resort.
2.14 “Unit” shall mean the fee simple title and interest in and to a numerically designated Lot, together with an undivided 1/371th fee simple title interest in and to the Common Use Area, and an undivided1/371th interest in any personal property which; may be acquired from time to time on behalf of, and for the common use by, all Owners and all other rights and obligations created by this Declaration. Each such Unit shall be described by the numerical designation of the Lot associated with such Unit. The proportional undivided interest in the Common Use Area may be amended or modified by any subsequent replatting of the Property, in which case, the new undivided interest appurtenant to each Unit will be amended and restated by the filing of a supplement to this Declaration.
2.15 “Park Home” shall mean a pre-constructed complete building unit without motive power that is constructed to: 1) meet the design standards of the PUD Designation, and 2) factory built standards of the Colorado Division of Housing Standards, or constructed to the Park Home standards outlined in the American National Standards Institute (“ANSI”) 119.2 requirements. Park homes shall be fitted with axles and wheels suitable for towing or trailering, and be designed and used for single family, single unit occupancy by persons in temporary locations for recreational and/or seasonal use. Such units are manufactured in a factory or at a location other than the residential site of the completed Park Home and which units are not licensed as motor vehicles, but, are towed on wheels to the location and are readily portable. Park Homes shall be limited to a maximum exterior dimension of fourteen (14) feet by thirty-eight (38) feet and must be completely located upon the Lot per the applicable requirements of the PUD Designation. All Park Homes must be constructed to the standards required for residential construction established by the adopted Building Code.
2.16 “Colorado Room” shall mean a pre-constructed addition to the living area of a Park Home that is physically attached to such structure and which is also mobile or readily portable. The maximum outside dimensions of any Colorado Room are twelve (12) by thirty-two (32) feet and the Colorado Room must be set back a minimum of six (6) feet from the front vertical plane of any Park Home. All Colorado Rooms must meet the standards required for residential construction established by the adopted Building Code and must be completely located outside any Lot line setbacks and must further accommodate all required parking and utilities upon such Lot.
2.17 “Deck” shall mean an exterior area constructed and intended for outdoor activities (grilling, eating, etc.), whether attached or detached to any Park Home and must be completely inside any setbacks upon the Lot. Decks may be constructed on site or factory built and may be open, covered, or screened, but may have no interior or exterior walls on such structure. Decks shall be designed and constructed to be Readily Portable, and shall not be treated as residential living space.
2.18 “Employee Housing” shall be defined by the Summit County Land Use and Development Code, and such housing shall be limited to use by the managers or employees of the Association and their immediate relatives and not by the general public.
2.19 “Fifth Wheel Trailers” shall mean a vehicular unit, mounted on wheels, designed to provide temporary living quarters for recreational camping, or travel use, of such size or weight as not to require special highway movement permits when towed by a motorized vehicle and shall be no greater in length, width or height than is permitted by State and Federal regulations.
2.20 “Motor home” shall mean a vehicular unit designed to provide temporary living quarters for recreational, seasonal camping, or travel use built on or a permanently attached to a self propelled motor vehicle chassis or on a chassis cab or van that is an integral part of the complete vehicle an shall be no greater in length, width or height than is permitted by State and Federal regulations.
2.21 “Porches” shall only be constructed upon a slab on grade foundation, but shall not include such foundation, whether attached or detached to any Park Home, and must be completely inside any setbacks upon the Lot, and shall adhere to all applicable requirements of the Building Code. Porches shall be designed and constructed to be Readily Portable. Porches shall not have partitions, rooms, plumbing, heating or ventilating equipment, or cooking facilities, and shall not be treated as residential living space. Porches may be constructed only if 1) the maximum outside dimensions do not exceed the maximum permitted dimensions of the Colorado Room and 2) the enclosure’s wall surface area has a minimum of 60% glass (40% maximum solid surface area).
2.22 “Readily Portable” shall mean that a deck, porch, or other improvement as permitted by the PUD Designation can be removed within 36 hours.
2.23 “Recreational Vehicle” shall mean Park Homes, Fifth Wheel Trailers, Travel Trailers; Travel Campers; and other similar types of mobile residential units or dwelling units and attached equipment which are mobile and not permanently affixed to any realty but are not self propelled. Recreation Vehicles shall not include pop-up campers, tents or other similar shelters used primarily for short-term camping and recreational use. All vehicles must be self-contained.
2.24 “Travel Camper” shall mean a portable unit constructed to provide temporary living quarters for recreational, travel or camping use, consisting of a roof, floor and sides designed to be loaded onto and unloaded from the bed of a pick-up truck, and shall be no greater in length, width or height than is permitted by State and Federal regulations.
2.25 “Travel Trailer” shall mean a vehicular unit, mounted on wheels, designed to provide temporary living quarters for recreational camping, or travel use, of such size or weight as not to require special highway movement permits when towed by a motorized vehicle and shall be no greater in length, width or height than is permitted by State and Federal regulations.
2.26 “Storage Shed” shall mean one storage shed without a permanent foundation per Lot with a maximum of 120 square feet of floor and a maximum wall dimension of 14 feet on any side.
This Declaration is made for the purpose of creating and maintaining a luxury resort for Motor Homes and Recreation Vehicles, for prohibiting the permanent residential use of any structure or vehicle upon any Lot, for keeping the Resort desirable, beneficial, attractive in design and appearance, and free from nuisances, and for the purpose of avoiding unnecessary interference with the natural beauty of the area, all for the mutual benefit and protection of the Owners of all Units.
Description and Conveyance of Units
4.1 Description of Unit. After this Declaration has been recorded in the Office of the County Clerk and Recorder of the County of Summit, Colorado, every deed, lease, mortgage, trust deed, will or other instrument shall legally describe a Unit associated with numerically designated Lots 1 through 248 and Lots 397 through 400 and Lots 249-367 as replatted.
4.2 Inseparability of Unit. The ownership of all elements and properties comprising a Unit shall be inseparable and no Owner shall, by deed, plat, court decree or otherwise, separately transfer or convey any element comprising such Unit or subdivide or in any other manner cause his Lot or Unit to be separated into any tracts or parcels different from the whole Unit, as defined in the Declaration.
4.3 Waiver of Partition. The Common Use Area shall remain undivided and shall not be the object of an action for partition or division of the co-ownership thereof.
4.4 Transfer Fee. The Board may assess a transfer fee which shall be due upon the sale of a Lot. Such Transfer Fee shall be deposited in the Association’s Reserve Account. The Transfer Fee shall qualify as a Supplemental Assessment and shall be collectable pursuant to Article XI of the Declaration.
5.1 Declaration, Articles, By-Laws, Rules and Regulations. All land and facilities within the Resort shall be occupied and used only in accordance with the provisions of the PUD, of this Declaration and the Articles of Incorporation, By-Laws, and Rules and Regulations of the Association.
5.2 Use of Lots.
· Each Lot shall be used for recreational and short-term residential purposes only as defined below.
· No permanent residency shall be permitted within the Resort, except for Resort management personnel residing in Employee Housing.
· Occupancy of the Park Home and Recreational Vehicle sites within the Property is restricted to short-term Owner or renter occupancy. Occupancy by Owners (including occupancy by an Owner’s renters, family, guests, invitees, or any combination thereof) within the Resort Community is limited to a cumulative total of 240 days per year. These occupancy limitations apply to all Owners (including occupancy by an Owner’s renters, family, guests, invitees, or any combination thereof) and cannot be extended regardless of the number of units held by any Owner. See PUD filed June 28, 2005, Paragraph A Permitted Uses and Development Plan, Section 1 Land Use, Bullets b and c.
· Only one (1) auxiliary or towing vehicle may be located on each Lot, unless the Lot has been provided with a concrete driveway allowing adequate room so that more than one auxiliary or towing vehicles may be parked completely removed from the street.
· No Park Homes shall be allowed on Lots 249 - 367.
· All vehicles, excluding Recreational Vehicles and Motor Homes, must be licensed and may be left year round provided they are parked in designated concrete parking areas.
· Allowed Recreational Vehicles or Motor Homes on Lots 249 – 367 is restricted to short-term Owner or renter occupancy. Occupancy by Owners (including occupancy by an Owner’s renters, family, guests, invitees, or any combination thereof) within the Resort Community is limited to a cumulative total of 240 days per year. These occupancy limitations apply to all Owners (including occupancy by an Owner’s renters, family, guests, invitees, or any combination thereof) and cannot be extended regardless of the number of units held by any Owner.
· No structure shall ever be located within any snow removal or snow storage easement.
· Each Owner is entitled to the exclusive possession of his Lot, subject to the provisions of the Declaration.
· Each Owner shall be responsible for the maintenance of his Lot and all improvements and fixtures thereon in good order and repair, and no alterations or improvements may be made on any Lot without prior written approval of the Association. No Recreational Vehicle, Park Home, Motor Home or other improvement on any Lot shall be left unattended for extended periods or allowed to deteriorate, become unsightly, or otherwise become a nuisance to other Owners.
· A Maintenance Committee may be appointed by the Board of Directors of the Tiger Run Owners Association to create and enforce rules to ensure that the maintenance of each lot and structure thereon are deemed to be in good repair. Details of these rules can be found in the Rules and Regulations of the Association.
5.3 Permitted Structures.
In addition to one Recreational Vehicle or Motor Home each Lot may also have the following:
· Residential utilities including but not limited to electricity, water, sewer, gas, telephone, cable and any other auxiliary equipment as may be used in connection therewith.
· A storage shed
· A propane storage enclosure, if required by the Rules & Regulations
· Lots 1-248 & 397-400 with a Park Home may have a porch, deck, Colorado Room or a porch or a porch and deck or a Colorado Room with a deck.
· No permanent structure shall be erected, placed or permitted to remain on any Lot, unless approved by the Architectural Review Committee and the County.
· The Architectural Review Committee and Summit County Planning and Building Departments set the rules in the current PUD filed with Summit Country. Further definitions of these rules are set by the Architectural Review Committee and approved by the Board of Directors, and can be found in the Rules and Regulations of the Association.
No structure or planting may be placed upon, or permitted to extend over, any Common Use Area unless expressly approved in writing by the Tiger Run Owners Association. No structure or other improvement on any Lot shall be allowed to deteriorate, become unsightly, or otherwise become a nuisance to other Owners. The appropriate committee, either Architectural Review Committee, or Maintenance Committee shall be empowered by the Board to make rules and regulations to ensure compliance with these restrictions.
5.4 Criteria. In approving or disapproving the use of any Lot within the Resort or any structure proposed to be located thereon, it shall be the objective of the Association to ensure that no such use or structure will impair the aesthetic or monetary value of the Resort. The Association shall consider the suitability of the proposed structure and the materials to be utilized with respect to the area in which it is to be located and the effect of the proposed structure on adjacent or neighboring property; the location of the proposed structure with respect to property lines, giving due consideration to the location of existing or previously approved structures on adjacent property; and the location of utility lines and easements.
5.5 Enforcement. If any structure shall be erected anywhere within the Resort without the prior written approval of the Association or if any structure shall be erected which does not comply with plans approved by the Association, then the Association, after notice and hearing as provided in the PUD, Covenants, Rules & Regulations and By-Laws, shall have the right and authority to order the removal or modification of such structure to conform to the standards established by the Association. and, upon failure of the Owner to do so, the Board or its designee shall have the right to enter the property, remove the violation and restore the property to substantially the same condition as previously existed, at the Owner’s expense, and any such action shall not be deemed a trespass, with all fees and costs in connection with such removal and restoration to be assessed to the Owner as an Assessment under the terms of this Declaration;
5.6 Building Permits. Each Owner shall be responsible for obtaining all necessary building or other permits required with respect to any proposed improvement and for obtaining required inspections and certificates of completion with respect thereto. Prior to applying for permits, approval from the Association’s Architectural Review Committee must be obtained.
5.7 Use of Common Area. Each Owner shall be entitled to use the Common Use Areas in accordance with the purposes for which they are intended and in accordance with such reasonable limitations as may be set forth in the PUD, Covenants, By-Laws and Rules & Regulations. No Owner shall have the right to make any alteration of, or any addition or improvement to, the Common Use Area without the prior written approval of the Association.
5.8 Governmental Regulations. No use or activity shall be conducted upon any property or facility within the Resort which shall violate any provision of the zoning laws of Summit County, Colorado, or any agreement made with the Board of County Commissioners of said Summit County, including specifically all agreements contained in those instruments recorded under Reception Nos. 795702 and Resolution No. 2005-51 of the records of said Summit County.
The Owner or occupant of each Lot shall utilize the domestic water supply and sewage disposal, electrical and cable facilities available thereon. The Association shall furnish such water, sewer and cable facilities pursuant to contracts at such rates and charges as may be set forth in said contracts. Such rates and charges shall be paid by the Association to the Providers and shall be included in the assessment to each Owner hereunder. The Association shall make electrical services available to each Lot; however, each such service will be separately metered, and each Owner will be responsible for the payment of all connection and service charges to the electrical facility.
7.1 Utilities. A blanket easement is hereby reserved for the Association, its successors and assigns, throughout the entire Resort for the construction, installation, maintenance and operation of utility services, including water, sewer, gas, electrical, cable and other utility and electrical lines, and such other auxiliary equipment as may be used in connection therewith.
7.2 Maintenance. A blanket easement is hereby reserved for the Association, its successors and assigns, throughout the entire Resort, for general maintenance purposes, and over that portion of each Lot lying within ten (10) feet of any roadway for snow disposal and snow storage purposes, and any agent or employee of the Association its successors and assigns, may enter at any reasonable time upon any Lot or other part of the Resort, for the purpose of mowing, irrigating, landscaping, snow removal, or any other reasonable purpose beneficial to the Owners and the Resort.
7.3 Pedestrian and Vehicular Traffic. Easements for the use and benefit of all Owners are reserved for pedestrian traffic over and across such sidewalks, paths, walks, lanes and other portions of the Common Use Areas as may, from time to time, be designated for such purpose and use; and for vehicular traffic over and across such portions of the Common Use Areas as may, from time to time, be paved and designated for such purposes. Nothing contained herein shall be construed to create the right for any person to park upon any portion of the Common Use Area except to the extent that areas may be specifically designated and assigned for such purpose.
7.4 Encroachments. In the event that any Lot shall encroach upon any of the Common Use Area or upon any other Lot for any reason other than the intentional or negligent act of the Owner of such Unit, or in the event any Common Use Area shall encroach upon any Lot, then an easement shall exist to the extent of that encroachment for so long as the encroachment shall exist.
7.5 Forest Service Easement. A non-exclusive easement for ingress and egress to and from lands owned by the U.S. Forest Service for the use of all Owners and for all employees or agents of the U.S. Forest Service is hereby reserved over and across those parcels designated on the Plat as "Easement B" and on the Replat as "Easement A ".
7.6 PUD Easement. All Owners are subject to the easement stated in the current PUD on record with Summit Country. These easements are further defined in the Rules and Regulations of the Association.
General Restrictions and Nuisances
All Owners and other occupants of the Resort shall comply with the following general restrictions, and any prohibited activities within the Resort shall be deemed nuisances.
8.1 Owners are responsible for all actions, inaction, negligence, etc. of guests, agents, tenants, etc.
8.2 No animals, livestock, or poultry of any kind shall be raised, bred, or kept within the Resort, except customary household pets, which may be kept provided they do not become a nuisance and are not kept, bred, or maintained for any commercial purposes and provided they are securely leashed. Each Owner shall have the responsibility for keeping such pets quiet and confined to the Owner's Lot or designated pet walks. Each pet must be kept on a leash or under voice control.
8.3 Offensive Behavior. No hostile or harassing activities as defined by the association shall be carried on upon any Lot, roadway, or common area, nor shall anything be done thereon which may be or become an annoyance or nuisance to other Owners.
8.4 Owners guilty of offensive activities are subject to the fine schedule.
8.5 Recreational Vehicle holding tanks or other waste shall not be dumped or disposed of within the Resort, except at the sewer risers provided on each Lot.
8.6 Each Owner shall be liable for any damage caused by his acts, negligence or carelessness, to the extent that such damage is not covered by insurance carried by the Association. Such liability shall include any increase in hazard insurance rates occasioned by use, misuse, occupancy or abandonment by such Owner
8.7 Use of water – The Tiger Run Board of Directors will issue rules on the use of water on an as needed basis due to the constraints that have been place on TROA due to a limited volume of irrigation water and applicable water restrictions due to drought or other natural disasters.
8.8 Landscaping which must be adequately maintained by the Owner.
8.9 The use of the Owners’ Lounge, and the Pavilion shall be governed by the Rules & Regulations of the Association.
8.10 In order to promote the security of the Resort and enforce the Declaration and Rules and Regulations when a Unit or Lot is occupied by a party other than its Owner, the Owners agree that the Association may adopt rules and regulations governing the rental of Units or Lots.
8.11 Owners who rent their Units or Lots are responsible to provide their renters with a list of Rules & Regulations, Covenants, and PUD. Owners must leave a contact number with the Management Company.
8.12 Maintenance of Lots and Improvements. Owners are responsible for the maintenance, repair and replacement of the property and improvements located within their Lot boundaries. The Association, and its agents, shall have the authority, to enter, replace, maintain, repair and clean up Lots which do not conform to the provisions contained herein or standards set by the Architectural Review Committee or the Maintenance Committee, and to charge and collect from the Owners thereof all reasonable costs related thereto as an Assessment hereunder.
8.13 Landscaping Requirements and Restrictions. The landscaping of each Lot shall be maintained by the Owner in a good, neat, attractive and well-kept condition, whether xeriscaped or with turf, which shall include lawns mowed, hedges, shrubs, and trees pruned and trimmed, and removal of weeds and debris and such other standards as may be set by the Architectural Review Committee or the Maintenance Committee.
9.1 Membership Obligation. Ownership of any Unit within the Resort shall qualify and obligate the Owner to membership in the Association, with full right and responsibility of membership as set forth in the Articles of Incorporation and By-Laws.
9.2 Voting Rights. Each Unit shall be entitled to one (1) vote at any meeting of the members of the Association. If a Unit is owned by more than one (1) person, the Owners of said Unit shall designate one of them to exercise such vote or, in the case of corporate ownership, an officer or director thereof shall be designated to exercise such vote. The designation of the person entitled to exercise such vote shall be made in the manner provided by, and subject to any provisions and restrictions set forth in, the By-Laws. If the Association ever acquires ownership of a Unit, the Board shall be entitled to one vote for such Unit on behalf of the Association.
9.3 By-Laws. The Board may adopt, and amend from time to time, such reasonable By-Laws, as it may deem appropriate for the conducting of the business and affairs of the Association. No provision of the Articles of Incorporation or By-Laws shall change or abridge the property rights of any Owner or affect the validity and priority of any encumbrance on any property within the Resort or conflict with any zoning law or agreement of or with the Board of County Commissioners of Summit County, Colorado. The By-Laws may provide for the imposition by the Association of reasonable fees for the use of any common recreational facility and for the adoption by the Board, of the Rules and Regulations governing use of the common facilities and the conduct of Owners within the Resort, including the right to suspend the use of common facilities for any infraction.
10.1 Authority. The business affairs of the Resort shall be managed by the Association, a Colorado non-profit corporation. The Association shall be governed by its By‑laws as amended from time to time. The Association shall have all rights, powers, and duties of a corporation formed under the Colorado Non-Profit Corporation Act and of an "Association," as that term is used in the Colorado Common Interest Ownership Act (“Act”). The Association shall have the right, power and obligation to provide for the maintenance, repair, replacement, administration, insurance and operation of the Resort as provided herein and in the By‑laws and pursuant to Colorado law. The business and affairs of the Association shall be managed by the Board, subject to the provisions hereof.
10.2 Membership. Every Owner shall be entitled and required to be a Member of Association on the basis of one Membership for each Unit owned. Where ownership of a Unit is held by more than one person, the Membership shall be designated by such Owners to one Owner who shall be entitled to the vote for such Unit. No person or entity other than an Owner may be a Member of the Association, and Memberships may not be transferred except in connection with the transfer of a Unit. Membership in the Association shall automatically terminate upon transfer of ownership of a Unit. Upon the transfer of ownership of a Unit, the new Owner shall succeed to Membership in the Association.
10.3 Architectural Review Committee shall be appointed by the Board of Directors and is authorized to develop Architectural Standards, interpret the PUD with respect to architectural requirements, and work with the County to ensure Tiger Run Resort is following current building and planning standards. The ARC may have additional authority as delegated by the Board. Detail of the Architectural standards and the process can be found in the Rules and Regulations of the Association
10.4 Maintenance Committee shall be appointed by the Board of Directors and is authorized by to inspect units and lots annually for infractions of property and landscaping maintenance. The Maintenance Committee may have additional authority as delegated by the Board. Details of the maintenance process and standards can be found in the Rules and Regulations of the Association.
10.5 Implied Rights. The Association may exercise any other right or privilege given to it expressly by this Declaration, and every other right or privilege reasonably to be implied from the existence of any right or privilege given to it herein or reasonably necessary to effectuate any such right or privilege.
10.6 Architectural Review. No construction in the Resort shall be commenced, erected or maintained within any Unit or the Common Use Areas, nor shall any exterior addition, change or alteration thereto be made to any Unit, until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to design and structural soundness of the proposed improvement by the Board of the Association, or by an architectural control committee appointed by the Board ("Architectural Review Committee"). Interior improvements solely affecting and located wholly within a Unit (other than decks, porches or Colorado Rooms) shall be excluded from this restriction. Neither the Board nor the Architectural Review Committee, if so appointed, shall be liable in damages to anyone submitting plans to them for approval, or to any Owner affected by this Declaration, or any third party, by reason of mistaken approval, judgment, negligence or non-feasance arising out of or in connection with the approval or disapproval or failure to approve any such plans and specifications. Every person who submits plans for approval, by submission of said plans and specifications, and every Owner of a Unit, by acquiring title thereto or an interest therein, agrees that no action, suit or claim will be brought against Association, its successors or assigns, the Board or the Architectural Review Committee to recover any damages, and any right to bring any such action, claim or suit by an Owner is hereby waived. Notwithstanding anything to the contrary as set forth above, any such improvements or alterations constructed within the Resort shall comply with the requirements which may be imposed from time to time by the County of Summit, State of Colorado, regardless of whether the Board or Architectural Review Committee has approved such plan
Assessments by Association
11.1 Power to Assess. Each Owner, of any Unit in the Resort, by acceptance of a deed therefore, or the acquisition of title thereto in any manner, whether or not it shall be so expressed in any such deed or other instrument, is deemed to covenant and agree to pay to the Association such assessments as may be established by it to cover the Common Expenses provided herein.
11.2 Amount of Assessments. The Owner of each Unit shall be liable for an equal share of the Common Expenses, regardless of the purchase price, size or location of the Lot associated with such Unit. The amount of assessments shall be established by the Board based upon such reasonable budgets and projections as it may establish.
11.3 Delinquent Assessments. Any assessment remaining unpaid more than ten (10) days after the due date thereof shall bear interest at the rate of 18% per annum until paid. The TROA may impose on a monthly basis a late charge for each Owner who fails to timely pay his/her Assessments. If any Unit Owner fails to timely pay assessments or any money or sum due to the Association, the Association may require reimbursement for collection costs and reasonable attorney’s fees and costs incurred as a result of such failure without the necessity of commencing a legal proceeding. The Association may also bring an action at law against any Owner to recover the unpaid amount of any delinquent assessment or other amount owed by such Owner, together with interest thereon, and the Association shall be entitled to recover all costs of suit and reasonable attorneys' fees and costs incurred with respect to the action. The Association may also suspend the right of any Owner to use the Common Use Areas for any period during which such Owner is delinquent in the payment of assessments. The Association may adopt additional rules and regulations governing the assessment and collection of late fees, penalties and other amounts due for delinquent assessments and for other violations of this Declaration or Association rules.
11.4 Lien of Assessments. The Association shall have a lien on each Unit for the amount of any delinquent assessment owed by the Owner of such Unit, together with interest thereon; and the Association shall also have a lien against all tangible personal property of the Owner located upon the Lot associated with such Unit. In addition to the action at law provided above, or as an alternative thereto, the Association may file with the Clerk and Recorder of Summit County, Colorado, a statement of lien with respect to the delinquent assessment, setting forth the name of the Owner, the legal description of the Unit, the name of the Association, and the amount of delinquent assessments then owing, which statement shall be signed and acknowledged by the president or vice president of the Association, and which shall be served upon the delinquent Owner by certified mail, return receipt requested, to such address as the Association may have in its records for said Owner. Thirty (30) days following the mailing of such notice, the Association may proceed to foreclose the statement of lien in the same manner as provided for the foreclosure of mortgages on real property under the statutes of the State of Colorado.
In either a personal or a foreclosure action, the Association shall be entitled to recover unpaid assessments becoming due subsequent to the commencement of the personal action, or subsequent to the filing of the complaint, and no supplemental complaint or statement of lien shall be required with respect to such subsequent installments. In either a personal or foreclosure action, the Association shall be entitled to recover the amount of delinquent assessments and interest thereon, together with all sums advanced by the Association for taxes or payments on prior encumbrances (which shall bear interest from the date of advancement at the highest rate per annum allowed by Colorado Law, costs of suit, and reasonable attorneys' fees incurred with respect to the action. The Association may become the purchaser at any foreclosure sale. In lieu of personal action or foreclosure, or during the pendency thereof, the Association shall have the right to take possession of said Unit and offer the same for rental. From the proceeds of such rental, if any, the Association shall first deduct any standard rental management fees and shall credit the remainder to the delinquent amounts owed by the Owner of such Unit. In connection with such activities, the Association may remove from the Lot associated with such Unit any personal property or vehicle located thereon and place the same in storage without liability to the Owner, and each Owner hereby indemnifies and holds harmless the Association for any loss, claim, damage, or claims for damages arising therefrom. The lien of the Association against the personal property of any Owner may be foreclosed in the manner of personal security interests under the Uniform Commercial Code of the State of Colorado.
11.5 Non-Waiver of Liability. No Owner may waive or otherwise avoid liability for the assessments provided herein by non-use of the Common Use Area or abandonment of the Lot associated with his Unit.
11.6 Subordination to Mortgages. Except for that portion of any unpaid assessments that have “super-priority” status under Colorado law, the lien of the assessments provided for herein shall be subordinate to the lien of any bona fide first mortgage or first deed of trust against the Unit affected or the lien of any bona fide first security interest against any personal property affected. Sale or transfer of any Unit shall not affect the assessment lien; however, the sale or transfer of any Unit as a result of foreclosure of a first mortgage, deed of trust or security interest, or any proceedings in lieu of foreclosure, shall extinguish the lien of such assessments as to payments thereof which became due prior to such sale or transfer, but shall not relieve any former Owner of personal liability therefore. No sale or transfer shall relieve such Unit from liability for any assessments thereafter becoming due or from the lien thereof.
11.7 Supplemental Assessments. The Association shall have the right to add to any Owner’s Assessment as provided in this Article the following:
(a) those amounts expended by the Association for the benefit of any individual Lot or any occupant thereof, including but not limited to: improvement, repair, replacement and maintenance specific to a Lot;
(b) improvement, repair, replacement and maintenance caused by the negligent or willful acts of any Owner, his or her guest, employee, licensee, lessee or invitee as set forth in this Declaration;
(c) All fines and costs assessed against an Owner pursuant to the governing documents; and
(d) Any other expenditures or charges which the Board, in its sole discretion, chooses to allocate to a Lot and are reasonably determined to be allocable to a particular Lot.
The Board shall obtain and maintain at all times, to the extent reasonably obtainable, policies of insurance, written with financially responsible and able companies licensed to do business in the State of Colorado, covering the following risks, to wit:
12.1 Liability Insurance. Public liability and property damage insurance in such reasonable limits as the Board may determine from time to time covering all claims for bodily injury or property damage on the Common Use Area and in connection with the functions of the Association. Coverage shall include, without limitation, liability for personal injuries, operation of motor vehicles on behalf of the Association, and activities in connection with the operation, maintenance and other use of the Common Use Area. All such insurance shall name the Association, the Board, the officers of the Association, the Owners as insureds thereunder.
12.2 Casualty Insurance. Insurance against loss or damage by fire, lightning, and such other hazards as are customarily covered in condominium or other co-ownership projects under extended coverage and all risk endorsements. Such insurance shall insure the entire Common Use Area and any improvements or property located thereon, including common use personal property (but not including improvements or personal property supplied by or owned by Owners), together with all service equipment contained therein, in an amount equal to the full replacement value, without deduction for depreciation. Such insurance shall insure the interests of all Owners in the Common Use Area and all improvements and property located thereon, and shall name the Association as the loss payee.
12.3 Employee Coverage. The Association will be required to maintain Workmen's Compensation and Employer's Liability Insurance and all other similar insurance with respect to employees of the Association in the amounts and in the forms now or hereafter required by law.
12.4 Fidelity Coverage. The Association will be required to maintain fidelity coverage against dishonesty of employees or any other person handling funds of the Association, destruction or disappearance of money or securities and forgery. Said policy shall also contain endorsements thereto covering any persons who serve the Association without compensation.
12.5 D&O Insurance. The Association will be required to maintain insurance for Directors and Officers sometimes called Association Professional Liability Insurance in an amount to be determined by the Board of Directors..
12.6 Other Insurance. The Association may obtain insurance against such other risks as it shall deem appropriate with respect to the Common Use Area, D&O, and facilities and the functions and activities of the Association.
12.7 Owners' Risk. Nothing contained herein shall obligate the Association to insure the actions or property of any Owner or other person on or about the premises with the permission or at the sufferance of any Owner, and each Owner shall be responsible for obtaining at his own expense such liability, casualty or other insurance as he may deem necessary with respect to the ownership of his Unit and his activities within the Resort.
Damage, Destruction, or Condemnation
13.1 Condemnation/Hazard Distributions. In the event of a distribution of condemnation proceeds or hazard insurance proceeds to the Owners, the distribution shall be as the parties with interests and rights are determined or allocated by record and pursuant to the Act.
In the event of any violation or threatened violation of any of the provisions contained herein, other than the failure to pay assessments or any money or sums due to the Association, the Association, or the Owner of any Unit may bring an action at law or in equity, either for injunction, for damages, or for such other relief as may be available. In any such action, the prevailing party shall be awarded all costs of suit and reasonable attorneys' fees.
Failure to Enforce
The failure by the Association, or any Owner to enforce any provision herein contained shall in no event be deemed a waiver of the right to do so thereafter as to the same breach or as to one occurring prior or subsequent thereto, nor shall such failure give rise to any claim or cause of action against the Association, the Board, or any Owner.
Effect Tenure, and Amendment
16.1 Covenants Run with the Land. The provisions hereof shall be considered as covenants running with the land, and all instruments affecting the title of any property within the Resort shall be subject to the provisions hereof. Said provisions shall inure to the benefit of and be binding upon the Association its successors and assigns, and every grantee or lessee of any Unit, their heirs, personal representatives, successors and assigns, and upon each successor in title of each Owner to termination in accordance with the provisions of Articles XIII hereof.
16.2 Amendment. This Declaration may be amended, revoked or modified by the affirmative vote of not less than 65% of all the Owners, who are present, either in person or by proxy, and entitled to vote at a duly noticed meeting of the Owners at which a quorum is present in person or by proxy. Any vote authorizing such amendment shall be evidenced by executing and acknowledging an appropriate instrument in writing for such purpose, and recording same in the office of the Clerk and Recorder of Summit County, Colorado. No such amendment may change or materially alter or modify the configuration or size of any Lot, or change any proportion or percentage by which the Owner of any Unit shares Common Expenses or owns the Common Use Area except in connection with a replatting of the Property in which the number of Lots is changed. The Articles of Incorporation and By-laws of the Association may be amended in the manner provided by the Colorado Nonprofit Corporation Act; provided, however, that no such amendment shall have the effect of violating or negating any provision of this Declaration.
17.1 Invalid Provision. Invalidation of any provision hereof by judgment or order of Court shall in no way affect any of the other provisions hereof.
17.2 Notices. Any notice, invoice or other written instrument required or permitted to be delivered hereunder may be delivered to any Owner personally or by mail addressed to the Owner his place of residence as shown on the records of the Association. The Association or its appointed management company shall maintain a list of the mailing addresses of all Owners, and it shall be the responsibility of each Owner to notify the Association in writing of any change of address. Notices to the Association shall be delivered by mail to 85 Revett Drive, Breckenridge, Colorado 80424, or at such other address as may be furnished to the Owners in writing by the Association. Any notice delivered by mail shall be deemed effective on the date of deposit of said notice in the United States mails, postage prepaid.
17.3 Time Sharing. No estate or interest commonly known as "time-sharing" shall be created with respect to any Unit.
17.4 Exemption from CCIOA. The Association and the Owners expressly state that to the fullest extent possible under Colorado law, this Declaration and the Resort are exempt from the provisions of the Colorado Common Interest Ownership Act (“Act”) except as to those provisions of the Act which are expressly made applicable to those common interest communities created prior to the effective date of the Act as “pre-existing” communities.
17.5 Exemption from PUD. Any non-conforming structures identified on the PUD or previously approved by the TROA shall not be found to be in violation of any provisions herein. However if such structures are modified in any significant way, as determined by the Board in its sole discretion, the structure must thereafter comply with all provisions of the PUD, this document and any other Rules, Architectural Standards of the TROA.
IN WITNESS WHEREOF, the, Tiger Run Owners Association a Colorado non-profit corporation, has caused this instrument to be executed by its duly authorized officers on the day and year first above written.
Tiger Run Owners Association
Karolyn Tate, President
Trudi Briggs, Secretary
STATE OF COLORADO )
COUNTY OF SUMMIT )
The foregoing instrument was acknowledged before me this 27 day of ____July________, 2007 by Karolyn Tate and Trudi Briggs, of the Tiger Run Owners Association Board of Directors
Witness my hand and official seal.
My Commission Expires: