Rules & Regulation Updates, September 2019

Rules & Regulation Updates, September 2019

VI. MAINTENANCE

A. Association Responsibilities

1. Maintenance of Common Area: The Association shall be responsible for the landscaping, vegetation and maintenance of the Common Area property, and shall have the grass, weeds, trees, and native grass cut and/or trimmed as needed. No Owner shall, in whole or part, change the landscaping adjacent to his Lot in the Common Areas by the addition or removal of any items without the prior written approval of the ARC. The Association will maintain other Common Area assets such as the sprinkler system and all its related components (above and underground), underground utilities that service these systems, sidewalks that border or are in common areas, common area stone/wood fencing, flowerbeds, all Filing area signs, common area retaining walls, any common area lighting, all landscaping and vegetation (rocks, edging) and other items not specifically listed above that are outside the confines of each Lot and are designated as Common. See Attachment 1 for a map of the community.

The Common Areas located at the Alpine Glen area have separate maintenance responsibilities as determined by the Board in accordance with the Supplement to Protective Covenants for Peregrine, Alpine Glen Filing No. 1.

B. Owner Responsibility

PC’s, Article I, Section 104

1. Maintenance of Homes / Individual Lots: “In order to keep Peregrine an attractive, quality environment, each Owner shall maintain the exterior or any Improvements, including buildings, other structures, landscaping, walks, driveways and parking areas on his Lot in good condition and shall cause them to be repaired as the effects of damage or deterioration become apparent. Exterior building surfaces and trim shall be repainted periodically and before the surfacing becomes weather beaten or worn off. Any dead or diseased landscaping will promptly be replaced, all lawns will be properly mowed and maintained, and weeds and other noxious plants will be controlled.”

Reference IV Landscaping Standards – Lawn Care / Landscape Maintenance

Sidewalks: “In 2005, the City implemented a PPRTA program that is designed to assist homeowners with the repair of their sidewalks, curbs and gutters. It does not relieve the homeowner of any legal liability or responsibility regarding their sidewalk or real property and does not prevent a homeowner from making repairs to the sidewalk. If there is a hazard on a homeowner’s sidewalk that needs attention, it is the homeowner’s responsibility to address those concerns as soon as possible to mitigate the homeowner’s liability exposure.”

The Board of Directors, ARC or Management Company shall have the final say as to the condition of a home and if maintenance is required. The ARC will review requests for modifications to a home for persons with disabilities in accordance with the Federal “FAIR HOUSING ACT OF 1968”, 42 U.S.C. SEC. 3604 (f) (3) (A).

2. Angelstone Point: Is a private drive (street) owned jointly by five (5) homes that access from it. It includes Lots 1-5, Angelstone at Peregrine. The street system, curb and gutter and all underground utilities are all private and maintained by each owner. Each home pays a yearly mandatory assessment fee, as determined by the Board of Directors that provides for the Association to conduct maintenance, snow removal, long-term replacement of the street assets and management and administrative services. Two sections of Open Space “Common Area” are adjacent to this street, Tract A is 2.43 acres and borders Lot 1 on the north side of the street and Tract C is 4.67 acres and borders Lot 3 on the south side of the street.

3. All maintenance equipment, lawn mowers, trimmers, wheel barrels, ladders, landscaping or gardening supplies, toys, canoes, boats, small trailers, and other personal items shall be stored in an enclosed garage so they are not visible from neighboring properties or adjoining streets. No items are to be stored on the side of a garage or under rear decks.

C. Snow Removal

Each owner is responsible to remove snow from his or her sidewalks; this includes all sidewalks on the Lot that border a street. Please reference Colorado Springs City Code, updated by Ordinance 06-162 passed September 26, 2006, the following information and policies apply:

3.4.202: It shall be unlawful for the owner to permit snow or ice or both to remain on the sidewalk which abuts the real property, or to which the real property is adjacent, or upon any sidewalk located upon the real property subject to a public easement or right of way, at any time, twenty four (24) hours after the termination of the falling snow for residential property

Violation shall constitute negligence and an unlawful act, subjecting the violator to civil liability for any injury proximately caused by the violation, civil liability for the costs of removal and criminal prosecution.

D. Board Determination of Maintenance Responsibilities

The Board shall exercise reasonable business judgment in determining the respective maintenance responsibilities of the Association and the Owners. Determination of whether such repair or maintenance is the obligation of the Association shall rest solely with the Association, which shall have the sole responsibility for determining the kind and type of materials used in such repair and maintenance. Decisions by the Board shall be final and conclusive. The Board may make such decisions either by Rules and Regulations or by decisions made in particular instances.

 

VIII.    SIGNS & OTHER DISPLAYS

A.  For Sale / For Rent Signs

Only one (1) professional temporary sign advertising a property for sale or lease, that is no more than six square feet in size and is conservative in color and style may be installed on the lot without ARC approval.  Only one (1) sign per Lot is permitted.  At no time shall such signage be installed upon any common area or fencing.  No signs shall be placed in the common grass areas, entrance to the community, or any other portion of the community.  However, the common area may have professional temporary signs from Friday noon to the following Monday noon.  Open house advertisements are permitted in the front of the subject home and in the common grass areas from Friday noon to the following Monday noon.

All trade signs, which includes, but are not limited to, landscaping, painting, remodeling, etc., may only be displayed on the Lot while work is in progress and must be removed upon completion of the job.  The ARC on a case-by-case basis shall consider requests for placement of one (1) additional temporary sign due to unique circumstances. The ARC must approve all other signs, including address numbers and nameplate signs.  The ARC on a case-by-case basis will consider lighted signs.

B.  Security / Alarm Monitoring Signs

The display of a home security system sign, maximum of two (2), must be placed in the ground within two feet of the exterior of the home, and be close to the front/rear entrance doors.   Small window stickers / decals are permitted.   Some lots require a monitored fire alarm system or a fire sprinkler system.   In addition, fuels management procedures, as defined in Section 105 in Part 1 of Article 4 of Chapter 20 of the City Code shall be required for all lots within Peregrine.

C.  Political Signs / Miscellaneous

No forms of political signs may be displayed earlier than forty-five (45 days) prior to election day and seven (7 days) after the election.  The Association permits owners/residents to display a maximum of one (1) sign per candidate or issue, with the sign not to exceed thirty-six by forty-eight inches (3’x4’).  No signs are allowed in the Common Areas.

If an Owner has a sign placed on his Lot, please reference the Temporary Sign Ordinance: City Code 7.4.408E. This code applies to all signage, whether garage sale, homebuilder, Realtor, work at home, etc.

Temporary signs that are posted in the city/public right of way that has a Revocable Permit and an identification decal on the sign should be left where they are unless they pose a traffic hazard.  Persons found posting illegal signage can be cited by the city with a penalty of $35 for each sign in their possession. Please notify Code Enforcement  at  444-7891  to  report  an  illegal  sign.  A complaint form can be found at  Code Enforcement Complaint Form.

 

IX.  PETS

PC’s, Article 1, Section 102 (b)

A.  General:

These Rules are necessary for the health, safety, welfare, comfort and property values of The Peregrine Master Association.

  • For homes in Peregrine Filings No. 1, No. 2, No. 3 and No. 4, a Supplemental Protective Covenant document states the following: “… except an aggregate of not more than two domesticated dogs or cats (which must be fenced or restrained at all times within the Lot), will be permitted within the Property.”
  • Outside of the exception noted above, the number of pets allowed per household in all other Filings in the community will be in compliance with the laws of Colorado Springs.
  • No pet(s)  shall  be  kept  for  the  purpose  of  breeding,  boarding,  or  any  other  commercial purposes.
  • No pet shall be permitted to run loose anywhere in the community and must be fenced or restrained by electronic fence controls at all times within the Lot. Incessant, unreasonable barking, howling, whining or otherwise obnoxious sounds, odors, or disturbances will not be permitted by any pet.
  • No animal of any kind  shall  be  permitted  which,  in  the  opinion  of  the  Board  makes  an unreasonable amount of noise, odor or is a nuisance.
  • If the Association determines a pet in an unreasonable burden or is a danger to the community because of a bite or attack, excessive barking, wildlife chasing or attacks, noise or other activities, the Association may require the owner of the pet involved to take measures to mitigate or eliminate the problem, including permanent removal of the identified pet from home. If an owner has more than one dog/pet and the individual dog/pet causing the violation cannot be determined, the owner may be subject to remove of all pets from the home.
  • All pet(s) must be on a physical leash in the hands of the owner or responsible person outside the confines of your Lot. No pet shall be allowed to damage the grass, trees, shrubs, or any other portion of the Common Areas.
  • Incessant, unreasonable barking can be disturbing to the peace and quiet of a neighborhood and violates this Rule and both City and County ordinances to harbor such a disturbance. City law dictates it shall be unlawful for any person to own or keep any pet, which by barking, howling, yelping or other utterance disturbs the peace and quiet of the neighborhood (City Law 11-1- 115).
  • No pet shall be permitted to defecate on the common area walks, landscape areas, or elsewhere outside your Lot without it being cleaned up immediately.

B.  Owner’s Duties:

The owner of any pet shall assume any and all liability for the pet and its compliance with the governing documents.  The owner of a pet hereby releases the Association, its agents and representatives, from any claims regarding such pet and shall indemnify and hold the Association, its agents and representatives, harmless from any and all liability for bites, enforcement of these Standards, injuries, damages, claims or expenses, including without limitation reasonable attorney’s fees, relating to the pet.  The owner of a pet shall assure that it is kept in a clean, quiet and controlled condition.  The owner of a pet agrees the Association may revoke the right of the pet owner to keep the pet in the home if there is any infraction of the governing documents and may require immediate removal of that animal.

An owner of a Lot shall advise his guests, occupants or tenants of the governing documents and any future Rules and Regulations, and the owner shall be responsible for compliance by such people, including without limitation, the payment of fines and the removal of any persons dogs or pets from the premises if any violations occur.  Any person entering the community shall be deemed to be aware of the governing documents and to agree to comply fully and promptly with these requirements.

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