Covenant Enforcement
The Buffalo Mesa 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 Buffalo Mesa and filed in the Adams County Clerk and Recorder's Office on February 28, 2003. All 468 single family home lots are members of the Buffalo Mesa covenant-controlled community.
Each lot is subject to the covenants, conditions and restrictions provided in the Declaration. Article III ("General Restrictions") and Article VI ("Design Review and Approval") contain the specific restrictions applicable to each lot.
Restrictions and Prohibitions Applicable to Lots
Article III of the Declaration Document contains the restrictive covenants. A copy of the Declaration can be downloaded from the HOA document library on this website.
Lot Modifications Requiring Pre-Approval
The Design Guidelines and Article VI of the Declaration Document list the modifications and improvements to lots that require the pre-approval of the Architectural Review Committee.
Architectural Review Committee (ARC)
The Architectural Review Committee (ARC) is comprised of Homeowners who volunteer their time serving on the Committee. The ARC Chairperson is appointed by the HOA board and other members of the ARC are appointed by the ARC. Although positions on the ARC are not elected positions, the HOA's Board has oversight authority over the ARC. (The ARC reports to and receives its authority from the HOA Board.)
The ARC’s primary responsibilities include the following:
- Review and approve (or deny) written architectural requests submitted by homeowners;
- Maintain the Design Guidelines and Standards for the neighborhood;
- Monitor homeowner lots to ensure compliance with the Design Guidelines and Standards
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Lot Maintenance
Section 3.2 of the Declaration states, “No property within the Community shall be permitted to fall into disrepair, and all property within the Community, including any Improvements, shall be kept and maintained in a clean, attractive, and sightly condition.”
The HOA board must exercise a great deal of judgment to determine what constitutes a lot that is maintained in a “clean, attractive and slightly condition.” Lots that are not maintained in a “clean, attractive and slightly condition” are in violation of this lot maintenance requirement. To better define and communicate its expectations regarding “clean, attractive and slightly” conditions, the Board developed a Covenant Violation Guidebook that establishes standards for lot maintenance. The Board encourages Homeowners to review this guidebook so they can better understand the standards established by the HOA regarding lot maintenance.
The Covenant Violation Guidebook (a copy of which can be downloaded from the HOA document library) provides guidance on issues such as:
- What constitutes "excessive" weeds in rockbeds and planters
- What constitutes "excessive" oil stains in a driveway
- What constitutes "adequate" care of the lawn
- What constitutes "adequate" maintenance of flowerbeds and planters
Common Lot Maintenance Violations
The top ten most commonly noted violations within the neighborhood are as follows:
- Excessive weeds in the rockbeds and planters
- Dead/dying trees
- Excessive weeds in the lawn
- Failure to move trash cans to the backyard or garage
- Excessive oil stains in the driveway
- Turf disrepair (i.e. bare dirt areas throughout the lawn area)
- Inadequately maintained flower beds and planters
- Excessive weeds in the driveway and/or sidewalk section separators
- Disrepair of backyard landscaping
- Damaged window shutters
Homeowners who are mindful of regularly monitoring and correcting these types of violations on their lots are much less likely to receive violation notices from the HOA.
Rental Properties
Homeowners are responsible for maintaining their Lots in a manner that reasonably complies with the covenants and restrictions contained within the Declaration Document. The Board holds Landlord Homewners, who rent or lease their homes, responsible for the reasonable maintenance of their Lots—regardless of any contractual maintenance arrangements that may exist between Landlords and their renters or between Landlords and their property management companies.
Owner Responsibilities
The Board expects Homeowners, who use the lots as their primary residence, to be responsible for the reasonable maintenance of their Lots—regardless of the Homeowners’ business, vacation or other schedules that may cause the Homeowners to be away from their Lots for extended periods of time. Also, Homeowners are responsible for being familiar with the covenants and restrictions contained within the Declaration Document and the Architectural Design Guidelines and the Board’s interpretations of the various covenants and restrictions as provided in the Board’s Covenant Violation Guidebook.
Enforcement Process
The HOA Board, through its management company, regularly performs (approximately weekly) neighborhood inspections. For all lot violations noted during neighborhood inspections, the HOA will send out letters notifying the Homeowners of the nature of the violation and the date on which it was observed. In addition, Homeowners are subject to fines when recurring violations of the same type are identified on their Lots.
The notice and fine schedule for covenant enforcement is as follows:
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First Observation
of a Property Violation
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Courtesy notice
(sent regular mail and via email if provided by homeowner)
10 day deadline to correct the issue
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Second Observation
of the Same Property Violation
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Second courtesy notice and fine warning
(sent certified mail and via email if provided by homeowner)
30 day deadline to correct the issue
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Third Observation
of the Same Property Violation
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Notice of $50 fine
(sent regular mail and via email if provided by homeowner)
30 day deadline to correct the issue
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Fourth Observation
of the Same Property Violation
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Notice of $100 fine and warning that District may file a covenant lien and initiate legal action
(sent regular mail and via email if provided by homeowner)
30 day deadline to correct the issue
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Fifth and Subsequent Observations
of the Same Property Violation
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Notice that District has filed a covenant lien and initiated legal action
(No additional fines levied by the District)
(sent regular mail and via email if provided by homeowner)
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Please note that State laws passed in 2022 require (1) at least one notice be sent via certified mail before the District can begin levying fines on properties for a particular outstanding violation and (2) homeowners be allowed 30 days to comply with any notice before a fine can be levied by the District.
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.
Hearing
Homeowners who receive violation notices may request a hearing before the HOA Board to present evidence, testimony and present witnesses to support their case. Homeowners must submit their request for a hearing within 14 days of the date of the notice.
A request for a hearing can be submitted via email or via regular mail to the HOA Manager.
Changes to or Termination of the Harvest Meadows 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 Article 13 of the Declaration Document, approval from 67% (or 314) of the 468 lot owners within Buffalo Mesa must be obtained to pass any proposed changes to (or termination of) the Declaration Document.