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President's Report

KEEP THE CHROME SIDE UP!  

By SVPORC President, Z.G Standing Bear

PROPOSAL to CONSOLIDATE COVENANTS

The Restrictive Covenants in place for our subdivision have been around for as long as the subdivision has been has been a subdivided ranch—for over thirty years.  Over that period of time, enforcement of those restrictive covenants has been spotty, at times draconian, at other times permissive, and occasionally biased.  Over the years, different Boards of Directors have had differing opinions and orientations concerning covenant enforcement, the precedents for which have not made an easy time for the current Board to act.  

With the passage of recent Colorado legislation concerning associations such as ours, the current Board of Directors has decided to implement uniform and reasonable policies that can be enforced fairly.  The aim in undertaking this task was to make a fresh start and establishing firm, fair, and understandable policies that will permit maximum freedom for property owners while preserving the upkeep and beauty of the subdivision.  This is just a little easier said than done.

There are two interesting challenges facing us in this effort.  First, there are eleven different sets of restrictive covenants for this subdivision … and then some.  As the subdivision was not developed all at once, there are eleven different "filings" (Filings numbered One through Ten and the Shadow Lake Filing).  Each filing has its own set of covenants.  If that were not bad enough, several properties in the oldest part of the subdivision were not officially included in the filings and were measured out using the "metes and bounds" surveying method.  These properties were included in the subdivision by a fairly complex filing mechanism and most, as far as I can determine, landed in Filing Number Seven for the administration of covenant enforcement.  The existing covenants are fairly uniform, but there are differences between them.  Your Board proposes that we standardize all of these covenants into one set of covenants for the entire subdivision.  Doing this will require a majority vote (fifty-one percent) for property owners in each filing.  So, for example, if a majority vote is not received for Filing Number Four, then the initiative fails and those property owners in Filing Number Four will still be governed by the original set of covenants.

The second challenge is to try to make reasonable requirements for this rural mountain community.  The Covenants Committee itself was divided on some of the proposed actions, so it stands to reason that the wider community will not be in complete agreement.  The presently proposed draft set of covenants is little changed from the original covenants, but is designed to make the covenants more enforceable.

In any event, a new set of restrictive covenants has been drafted, approved by the Covenants Committee and tentatively approved by the Board of Directors dependent upon legal review by the Association Attorney.  Upon such approval, the proposed covenants will be sent to all Association members for a vote. 

In the meantime, the Board is in the process of revising the Association Bylaws and has drafted written policies concerning covenant enforcement.  Upon finalization, these documents will be made available to the membership.  Of course, Association members may attend Board meetings and offer commentary during the time allotted on the agenda.  We have standardized Board meeting dates and times (at 6PM on the second Tuesday of each month at the Pavilion) to make this more uniform for planning purposes by Association members.