Covenant Enforcement

The Bonnyview at Aberdeen neighborhood is a covenant controlled community subject to the Declaration of Covenants, Conditions and Restrictions (the Declaration). The Declaration document was created by the Developer of Aberdeen and filed in the Adams County Clerk and Recorder's Office on December 23, 2005. All condo Units are included within this covenant-controlled community.

Each Unit is subject to the covenants, conditions and restrictions provided in the Declaration. Section 11 ("Certain Work Prohibited"), Section 13 ("Use & Occupancy of Units") and Section 16 ("Owners Maintenance Responsibilities") contain the specific restrictions applicable to each Unit.

unit Modifications Requiring Pre-Approval

Section 11 of the Declaration Document and the Design Guidelines and Standards lists the modifications and improvements to Units that require the pre-approval of the Design Review Committee.

Design Review Committee (DRC)

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

 

The DRC’s primary responsibilities include the following:

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

Unit Maintenance

Section 16 of the Declaration provides guidance on which portions of the physical Unit is maintained by the Owner and which portions of the Unit are maintained by the Association.

Common unit Maintenance Violations

The top five most commonly noted violations among Units are as follows:

  1. Installation of equipment, decorations, signs and other items to a Unit's exterior without Committee approval
  2. Excessive oil stains in the parking lot caused by Owners' cars
  3. Failure to store away trash cans in a timely manner
  4. Using front porch as a storage area
  5. Failure to maintain furniture, plants and decorations on and around the front porch area

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

Rental Properties

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

Owner Responsibilities

The Board expects Owners, who use the Units as their primary residence, to be responsible for the reasonable maintenance of their Units—regardless of the Owners’ business, vacation or other schedules that may cause the Owners to be away from their Units for extended periods of time. Also, Owners are responsible for being familiar with the covenants and restrictions contained within the Declaration Document and the Architectural Design Guidelines.

Enforcement Process

The District's Board, through its management company, performs periodic inspections of the Unit exteriors. For all Unit violations noted during neighborhood inspections, the District will send out letters notifying the owners of the nature of the violation and the date on which the violation was observed. In addition, homeowners are subject to fines when recurring violations of the same type are identified on their Units.

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

First Notice

Written courtesy notice

Second Notice

Second courtesy notice

Third Notice

Written notice of $25 fine

Fourth Notice

Written notice of $50 fine

Fifth Notice

Written notice of $100 fine

Sixth and
Subsequent Notices

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

Please note that based on the above notice schedule, Owners are allowed at least one month to correct any violations on their Unit before fines begin to be assessed on the Owner's account.  (In certain cases, a violation may have existed for one or more weeks prior to the first notice being issued--which makes it possible violations to exist up to 6 weeks before a homeowner is fined for failing to address a violation.)

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

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

LEGAL FEES

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

Hearing

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

A request for a hearing can be submitted via email or via regular mail to the District Manager.

Changes to or Termination of the Aberdeen Declaration Document

Homeowners may conduct a vote in accordance with the Declaration Document to change or terminate the covenant-controlled community. In accordance with the Colorado Common Interest Ownership Act (Section 33.3 of the Colorado Revised Statutes) and Section 31(b) of the Declaration Document, approval from 67% of the Unit owners within Bonnyview at Aberdeen Subdivision must be obtained to pass any proposed changes to the Declaration Document.