What the $49 covenant read looks like

SAMPLE

Hi,

Here's what the recorded documents say about your fence question. We read the county's own copies and contacted no one. Short answers first, then the details with page references so you can check any line.

THE SHORT VERSION

• A new or different fence needs the Design Review Committee's approval before work starts. The declaration names privacy fences specifically.
• Rebuilding the same fence to its originally approved design needs no approval. A change in height, look or material goes to the committee.
• If the committee has approved a standard fence design, a fence built to it skips the application. That standard isn't recorded at the county, so ask the manager for it.
• The committee reviews height, materials, color and location, and has 45 days to answer a complete application.
• Owners get a right to use HOA land, not to build on it, and lot lines don't move without a board vote at a public meeting.

YOUR LOT, FROM THE PLAT

In your briefing, this section reads your lot on the recorded plat: its size and dimensions, and which strips beside the home are yours and which are HOA land. A sample has no lot, so it's left out here.

YOUR QUESTION: A 6-FOOT PRIVACY FENCE

1. Approval comes first. “No fence shall be constructed along or adjacent to the boundary or lot line of any Lot, or on any portion of any Lot by any Owner, including privacy fences, security fences, and fences for screening purposes, without prior approval of the Design Review Committee unless in conformance with standard design specifications previously approved by the Design Review Committee.” (Declaration, section 3.30, page 15.) The approval article also covers “any change or alteration of any previously approved Improvement to Property, including any change of exterior appearance, color, or texture.” (Section 9.2(d), page 32.)
2. The like-for-like exception. “No approval shall be required to repaint the exterior of a structure in accordance with the originally approved color scheme or to rebuild in accordance with originally approved plans and specifications.” (Section 9.23, page 37.) The declaration counts fences as “Improvements” (definitions, page 6). A replacement that changes height or appearance falls under section 9.2(d) above.
3. What the committee looks at. The committee can request “descriptions, surveys, plot plans, drainage plans, elevation drawings, construction plans, specifications, and samples of materials and colors” showing “the nature, kind, shape, height, width, color, materials, and location” of what you propose. (Section 9.5, page 32.) The test is whether it will be “in harmony with the surrounding areas of the Community Area” and “substantially consistent with the specific provisions or intent of the Design Guidelines.” (Section 9.6, pages 32 and 33.)
4. The clock. The committee is to “approve or disapprove … within forty-five (45) days” of a complete submission, and if it doesn't act within sixty days it “shall be deemed to have given its approval.” (Section 9.9, page 34.) Approved work must be finished within 18 months (section 9.10). Work done without approval can be ordered corrected within 30 days, and the association can remove it at the owner's cost (section 9.15, page 35). A decision can be appealed to the board (section 9.14).
5. HOA land and lot lines. Owners have “a right and nonexclusive easement of use, access, and enjoyment” of the common area (section 4.1, page 16), which is a right to use it, not to build on it. Lot lines “shall not be changed or adjusted” without the board's written approval at a public meeting (section 3.20, page 13).
6. Who maintains it, and the ground around it. “Each Owner of a Lot shall be responsible for repairing and maintaining in good repair and in attractive condition any fence located on such Owner's Lot.” (Section 3.30, page 15.) The HOA maintains landscaping “on the Lots outside of any fenced area installed by Declarant or a Limited Declarant” — the builder — and the owner maintains the rest. (Section 3.28, pages 14 and 15.)
7. Digging and drainage. “There shall be no interference with the Established Drainage Pattern over any property within the Community Area, except as approved in writing by the Design Review Committee.” (Section 3.16, page 12.) On the underdrain beneath the neighborhood, the documents point two ways: the original declaration makes each owner responsible for underdrain on the lot (section 3.17, page 12), and a 2005 amendment makes the association its owner and primarily responsible for it (2005 amendment, page 1). Worth knowing before setting new posts.

WHAT TO ASK THE MANAGER FOR, ONCE

• The committee's current Design Guidelines and any standard fence design it has approved. Section 3.30 lets a fence built to an approved standard skip the application. Neither is recorded at the county.
• The application form and fee (section 9.8).
• If you're buying: a section 9.19 estoppel certificate, the board's written statement of what has and hasn't been approved on the lot, including the existing fence.
• Where the builder-installed fence line is, since it decides who maintains which landscaping.

ONE MORE THING

If you're thinking of renting the home out: a 2018 amendment bans rentals shorter than six months and all Airbnb-type rentals, and caps rentals at 10 percent of the homes. (2018 amendment, pages 2 and 3.)

THE PAPER TRAIL (Jefferson County Clerk & Recorder, reception numbers)

• Plat, Cattails in the Meadows, F1701378, recorded March 20, 2003.
• Declaration of Covenants, F1759842, recorded May 23, 2003, 55 pages. The governing document.
• Amendment correcting the lot list, F2049223, June 23, 2004.
• Amendment on the underdrain system, 2005000872, April 5, 2005.
• Plat Amendment 1, 2006018429, February 14, 2006.
• Plat Amendment 2, 2006040651, April 5, 2006.
• Limited Amendment on leasing, 2018041558, May 8, 2018.

In a real briefing, the county's own copies of these documents are attached where the county provides them, so every page reference can be checked.

This briefing reports what the public record says, with citations. It is not legal advice, not HOA approval, and not a title commitment. For what it means for your situation, ask a Colorado real estate attorney.

The HOA Book
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