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At a Glance
The Pinon Glen Homeowners Association
(HOA) is an association in which business is conducted to provide for the
maintenance, preservation and architectural control of the Lots and Common
Areas of the Pinon Glen Subdivision. The Board of Directors of Pinon Glen
(the "Board") is responsible for enforcing the Declaration of Covenants,
Conditions, Restrictions and Easements of Pinon Glen (the "Declarations"),
the Rules and Regulations (the "Regulations") and Bylaws (the "Bylaws")
of the HOA to help enhance property values and promote the general welfare
of all residents living in the subdivision.
Living in a community such as Pinon Glen requires the cooperation of all
residents to see that our governing documents and bylaws are adhered to
for the benefit and protection of all who reside in our community.
As homeowners ("Owners") and tenants of Pinon Glen, we are required to follow
the rules and regulations as stated in the Declarations and Regulations.
We are also required to keep our guests informed of the rules and are responsible
for their actions while they are visiting Pinon Glen.
The Board consists of Owners elected by the HOA. All Owners are encouraged
to participate in the HOA by serving on the Board and/or on the various
HOA committees (Social, Architectural Control, Maintenance) created to improve
the quality of life in Pinon Glen. Board and committee members are volunteers
who receive no compensation for the time they spend on behalf of Pinon Glen.
This pamphlet refers by section number to information included in the Declarations
but does not supercede the Declarations, Regulations or Bylaws.
Pursuant to the Covenants, the Board approved the following
amended Rules and Regulations governing Common Area usage on August 18,
2005. Residents are responsible for their guests and
employees while on the premises.
1 Effective July 1, 2005, the State of
Colorado adopted the following definition for motorized/electric toy vehicles:
(103.5) "TOY VEHICLE" MEANS ANY
VEHICLE, WHETHER OR NOT HOME-BUILT BY
THE USER, THAT HAS WHEELS WITH AN OUTSIDE DIAMETER OF NOT MORE
THAN FOURTEEN INCHES AND IS NOT DESIGNED, APPROVED, OR
INTENDED FOR USE ON PUBLIC ROADWAYS OR HIGHWAYS. "TOY VEHICLE" INCLUDES, BUT IS NOT
LIMITED TO, GAS-POWERED OR
ELECTRIC-POWERED VEHICLES COMMONLY KNOWN AS MINI BIKES, "POCKET" BIKES, KAMIKAZE
BOARDS, GO-PEDS, AND STAND-UP
SCOOTERS.
According to the Colorado Springs Police Department, Toy
Vehicles are not allowed on city
streets. Violations should be reported to the CS Police Department
non-emergency number at 444-7000.
Covenant Violation Fine Procedures
In
accordance with Section 11.7 of the Covenants, the Board adopted the following
schedule of fines for enforcement of the Covenants. Approved by the Board on August 19, 2004, the following procedures
have been recorded with the El Paso County Clerk’s Office.
All letters
shall be sent by the property management company via certified mail. Should legal procedures become necessary,
all costs incurred shall be charged to the Owner.
First Violation
If a fine
is issued:
Second Occurrence of Violation
Third Occurrence of Violation
Fourth
Occurrence of Violation
HOA Assessments - Late Fees & Penalties
Timely payment of HOA assessment is the responsibility of all Owners. HOA assessments are due no later than the 10th of each month. Payments should be sent to Pinon Glen HOA, PO Box 49151, Colorado Springs, CO 80949-9151. Automatic payments (ACH transactions) may be arranged. Call Donna Kast, the HOA's bookkeeper, if you have any questions about the monthly assessments or want to arrange for automatic payments.
A $15 late fee will be applied to any assessment received after
the 10th of the month in which it was due. A lien will be placed on any property
where a monthly assessment is two months past due. Should legal procedures
become necessary, all costs incurred shall be charged to the Owner. Approved
by the Board on August 19, 2004, the following procedures have been recorded
with the El Paso County Clerk's Office.
Procedures for notification of overdue assessments are as follows:
1. First
Notice: A letter will be sent to the
homeowner via regular mail (with return receipt) on the 15th of the month when
payment has not been received.
2. Second
Notice: A letter will be sent to the
homeowner via certified mail on the 15th of second month when payment has not
been received.
3. Lien: A Lien will be placed against the property
unless the overdue assessments and late fees are paid in full by the first of
the next month.
Responsibility for insurance, utilities, services, maintenance and repairs falls to the Owner (or tenant) for some things and to the HOA for others. Following is a summary of items which the Owner and HOA are responsible for according to Sections 4.1 and 4.3 of the Declarations.
Please make note of your responsibilities as an Owner.
|
INSURANCE & UTILITIES |
OWNER |
HOA |
|
Master Insurance covering common area and buildings |
|
X |
|
Condominium Unit Owners
Homeowners insurance policy |
X |
|
|
Utilities (sewer/gas/water/electricity) |
X |
|
|
Cable TV |
X |
|
|
Telephone |
X |
|
|
Clubhouse utilities |
|
X |
|
SERVICES |
OWNER |
HOA |
|
Mowing of common areas |
|
X |
|
Landscaping and maintenance of common areas |
|
X |
|
Landscaping and maintenance of
area inside backyard |
X |
|
|
Snow removal from driveways, walkways
and sidewalks |
|
X |
|
Trash removal |
|
X |
|
Maintenance,
Repair, Painting, Staining |
OWNER |
HOA |
|
Exterior of units including roof,
walls, gutters |
|
X |
|
Glass surfaces, light bulbs, doors, garage door, screens |
X |
|
|
Rear patios |
X |
|
|
Decks |
X |
|
|
Backyard fence* |
X |
|
|
Perimeter fence |
|
X |
|
Appliances, fixtures and equipment
installed inside |
X |
| >
|
Interior walls and ceilings |
X |
|
|
Plumbing and electrical |
X |
|
|
Garage floor and interior |
X |
|
|
Concrete driveways, walkways and sidewalks |
|
X |
* A motion was made and
approved at the annual meeting on Dec. 7, 2001 that Owners were to be
responsible for repair, maintenance and staining of backyard fences.
The following rule pertaining to insurance coverage was approved by the
Board on May 15, 2004 and has been recorded with the El Paso County Clerk’s
Office.
The Pinon Glen Homeowners
Association (the "Association") is directed and empowered by Article
VIII of the Association's Declaration of Covenants, Conditions and Restrictions
(the "Declaration") to obtain and
maintain insurance policies for the common
benefit of the Association's members.
Section 8.3(e) of the Declaration and Section 1(a) of Article VII of
the Association's By-laws empower the Association to adopt and publish rules,
regulations, and nondiscriminatory policies and procedures relating to the
submittal of claims, responsibility for deductibles and any other matters of
claims adjustment.
Section 8.3(e) further provides that to the extent the Association
settles claims for damages to real property, it shall have the authority to
assess negligent Owners causing such loss or benefiting from such repair or
restoration for all deductibles paid by the Association.
The Association's Board has given lengthy consideration to the problem
raised by interpretation of coverage issues and is very concerned that gaps in
coverage may occur that would affect the health, welfare, safety and value of
the Pinon Glen development.
From time
to time, the Association’s insurance carriers may provide broader coverage than
the Declaration requires or may impose certain requirements and limitations.
The
Association desires to make an equitable arrangement for the allocation of
losses in the event that the Association elects certain insurance coverages, so
that it may equitably and consistently enforce the Declaration to protect the
interest of all owners.
THEREFORE,
IT IS RESOLVED that the following rule and regulation is hereby adopted by the
Board of Directors of the Association:
1. Interior
loss or damage. Since any loss or
damage in the interior of a Unit should ordinarily be covered by the Owner’s
individual insurance policy as provided in Article 4.4 of the Declaration, to
the extent said loss is covered by the Association’s insurance, the Owner shall
be responsible for paying the deductible or any portion of the loss or expense
which is not covered by the Association's insurance.
2. Exterior loss or damage. If any loss or damage to the exterior of any
Unit is not fully covered or paid by the Association’s insurance, the amount of
that uncovered or unpaid portion shall be paid equally by all of the Owners,
except that when and to the extent such loss or damage is caused by an
“Owner-Responsible Event” as defined below, the Board in its sole discretion
may determine that the Owner and his/her Unit shall be solely responsible for
any portion of the loss or expense that is not covered by the Association’s
insurance. An “Owner-Responsible Event”
means: (a) a negligent act or omission of an Owner; (b) a negligent act or
omission of that Owner’s family, agent, contractor, guest, invitee or tenant;
(c) a negligent act or omission of another individual, provided that such
individual was on the premises with the consent of the Owner or with the
consent of a person enumerated in “b” above; or (d) a pet or other animal
brought on the premises by the Owner or by one of the other persons enumerated
in “b” or “c” above.
3. Assessment
and collection. Any Owner’s failure
to pay his/her share of any loss allocated to him/her under any of the
preceding sections of this Rule shall result in the assessment of a fine equal
to the amount unpaid, plus costs of collection. The Association may exercise all applicable rights and remedies
to collect fines, including the right to add such fine to the assessment to which
the Unit of such Owner is subject, and such fine and assessment shall become a
lien against such Owner's Unit as provided in Article 3.10(b) of the
Declaration.
4. Owners’
coverage. Owners are responsible
for reviewing the Association’s insurance coverages and obtaining such
insurance as the Owners are required or may desire to have for their own
protection. The Association recommends
that all Owners obtain HO-6 coverage for their respective Units with at least
$5,000.00 for “Coverage A-Dwelling” and at least $5,000.00 for “Loss
Assessment”, as required by Article 8.4 of the Declaration. Nothing in this Rule shall impose any
liability upon the Association.
Living Environment Standards & Restrictions
Residential Use (Sec. 5.3): Each Lot is to be occupied and used as a
private dwelling (for residential purposes only) by the Owner and members of
his or her family, guests and tenants. The Board may make rules to limit the
maximum occupancy permitted in each home.
No Lot is to be used for any business, manufacturing or
commercial purpose whatsoever. However, if zoning allows and if prior written
approval of the Board is obtained, an Owner may use a specifically designated
portion of his Lot as a home business office. However, the Declaration allows
for this approval to be withdrawn or terminated by the Board at any time.
Miscellaneous Structures
(Sec. 5.4): All types of refrigerating, cooling or heating
apparatus must be concealed, except as installed by the Builder.
Lots to be Maintained (Sec. 5.5): Lots must be kept
in a clean and wholesome condition at all times. No trash, litter, junk, boxes, containers, bottles, cans, implements,
machinery, lumber or other building materials are allowed to remain exposed
on any Lot if they can be seen from any neighboring Lot or the street.
No items that can be seen from
other Homes or the Common Area are permitted within any porch, patio or deck if
the items are inconsistent with the design integrity of Pinon Glen as determined
by the Board.
Restrictions on Parking and Storage (Sec. 5.7): Unless specifically
authorized by the Board, no part of Pinon Glen (including but not limited
to streets, drives, parking areas, and streets adjoining Pinon Glen) is to
be used as a parking, storage, display or accommodation area for any of the
following:
·
House, camping, boat & hauling trailers
·
Running gear
·
Boats
·
Trucks larger than three quarter (3/4) ton
·
Busses
·
Self-contained motorized recreational vehicle
The only exceptions allowed are
for temporary loading, delivery or emergency situations.
This restriction, however,
does not prohibit trucks or other commercial vehicles necessary for:
·
Maintenance of the Common Area or Lots
·
Deliveries
·
Performance of services.
Please refer to “Trailers and Campers” for
additional information.
Abandoned vehicles may not
be stored or parked upon any part of the property or any street adjoining the
Property (excluding any area designated for such purpose by the Board).
In the event that the
Board determines that a vehicle is an abandoned vehicle, a written notice
describing the vehicle will be personally delivered to the owner of the vehicle
if the owner can be determined. If the owner of the vehicle cannot be determined,
the written notice will be conspicuously placed on the vehicle. If the vehicle
is not removed within seventy-two (72) hours, the Board has the right to remove
the vehicle at the expense of the vehicle’s owner.
For the purpose of this
Section, an "abandoned vehicle" is any automobile, truck, motorcycle,
motor bike, boat, trailer, camper, motor home, house trailer or other similar
vehicle that has not been driven under its own propulsion, or has not been
moved for a period of two (2) days or longer.
The Board may make rules
and restrictions regarding parking and vehicular traffic on the Property. The
Board may also designate parking spaces solely for the use of visitors and
others.
Owners are required to
park their vehicles inside their garages rather than on driveways, streets or
other parts of the Property.
Owners, tenants, guests, family and other invitees are
not allowed to park within - or obstruct - any prohibited area, including fire
lanes.
Any vehicle or other unit parked in violation of any
rules or restrictions is subject to immediate removal by the Board (or its
agents) at the expense of the vehicle’s owner.
Clotheslines and Storage (Sec. 5.8): Unless approved in writing by the ACC, the
following items are not allowed in Pinon Glen:
·
Outside clotheslines
·
Basketball hoops & backboards (on buildings or freestanding)
·
Carports
·
Patio covers or similar structures
·
Wood piles
·
Storage areas
Any of the above items approved by the ACC must be located out of view of the street or of any neighboring Homes. No storage is allowed under any deck, unless enclosed by the Builder or with the prior written approval of the ACC.
Repair (Sec. 5.9): Activities
such as (but not limited to) maintenance, repair, rebuilding, dismantling,
repainting or servicing of any kind of vehicles, trailers, boats or vans may
not be performed from the street and adjoining property.
This restriction does not, however, prevent the washing and polishing
of vehicles permitted in Pinon Glen.
Tanks (Sec. 5.10): No tanks of any kind (elevated or buried)
may be erected, placed or permitted upon any Lot.
Garage Doors (Sec. 5.14): Garage doors are to be kept closed except
when being used to enter or exit the garage.
Maintenance Equipment (Sec. 5.15): All maintenance equipment, snowmobiles and
motorized sports vehicles must be stored in an enclosed Structure or otherwise
adequately screened so they can not be seen from neighboring property or
adjoining streets. Screening materials
must be pre-approved by the ACC.
Refuse (Sec. 5.16): Except
on trash removal days, unsightly objects or materials including (but not limited
to) ash, trash, rubbish, garbage, grass or shrub clippings, scrap material
or other refuse, receptacles or containers may not be stored,
accumulated or deposited outside if they are visible from any neighboring
property or adjoining street.
Nuisances (Sec. 5.17): No noxious or offensive activities or anything
done that can cause embarrassment, discomfort, annoyance or nuisance to others
may be carried out on any Lot. No
offensive or hazardous activities may be carried on any Lot or in any living
unit or Accessory Building. No annoying lights, sounds or odors are permitted
to emanate from any living units or Accessory Buildings.
Sound Devices (5.18): Exterior speakers, horns, whistles, bells or
other sound devices (except security devices used exclusively for security
purposes) may not be located, used or placed on any Structure or within any
Lot unless pre-approved by the ACC.
Transmitters (Sec. 5.20): No electronic or radio transmitter of any kind
other than garage door openers and remote control devices for televisions,
stereos, video cassette recorders, cellular telephones and similar equipment
may be operated in or on any Structure or Lot, unless prior written approval
of the ACC is obtained.
Trailers. Campers, etc (5.21): Boats, trailers,
campers (on or off supporting vehicles), tractors, commercial vehicles, mobile
homes, motor homes, towed trailers and trucks may not be parked overnight
on any street or within any Lot or Building Site except in a completely enclosed
Structure such as a garage. The ACC has the right to approve variances to
this section, for the loading and unloading of recreational vehicles and motor
homes.
Signs (Sec. 5.22): The only signs permitted on any Lot or
Structure are:
· One sign
of a customary size for offering the property for sale or for rent
· One sign
of customary size for identification of the occupant and address of any
dwelling
· Signs as
may be necessary to advise of rules and regulations or to caution or warn of
danger
· Signs as
may be required by law.
All permitted signs must be professionally painted, lettered and
constructed. Except for the permitted
signs listed above; no signs, banners, streamers, flags, lights or other
devises designed to attract attention in the aid of sale or rental are allowed.
Animals (5.23): No horses, snakes, fish, insects, birds,
reptiles, cattle, sheep, goats, pigs, rabbits, poultry or other animals of any
description may be kept or maintained on any Lot unless specifically permitted
by the Board's rules and regulations or by written consent.
Owners may
keep no more than two (2) bona fide household pets per Unit. Pets must comply
with the Board's rules and regulations, including limitation on size and
number of pets. Animals are not to be kept for commercial purposes. Pets
must not make objectionable noises or otherwise constitute a nuisance or
inconvenience to any of the residents of adjacent property. Pets must be
kept in compliance with all existing applicable local ordinances and any
rules and regulations of the Association.