Covenant Enforcement
The Lupton Village neighborhood is a covenant controlled community subject to the Covenants, Conditions and Restrictions for Lupton Village PUD (the Declaration). The Declaration document was created by the Developer of the Lupton Village Community and filed in the Weld County Clerk and Recorder’s Office on August 05, 2021. All 90 single family home lots and all 254 townhome units are included within this covenant-controlled community.
Each lot/unit is subject to the covenants, conditions and restrictions provided in the Declaration. Article 3 (Restrictions) and Article 2 (Architectural Review) contain the specific restrictions applicable to each lot/unit. A copy of the Declaration can be downloaded from the following page on this website.
RESTRICTIONS AND PROHIBITIONS APPLICABLE TO LOTS
Article 3 of the Declaration Document contains the restrictive covenants applicable to each home lot and townhome unit.
LOT MODIFICATIONS REQUIRING PRE-APPROVAL
Article 2 of the Declaration Document and the Design Guidelines and Standards lists 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 members of ARC are appointed by the District’s Board. Although positions on the ARC are not elected positions, the District’s Board has oversight authority over the ARC. (The ARC reports to and receives its authority from the District’s Board.)
The ARC’s primary responsibilities include the following:
- Review and approve (or deny) written design request forms submitted by homeowners;
- Maintain the Design Guidelines and Standards for the neighborhood;
- Monitor homeowner lots to ensure compliance with the Design Guidelines and Standards
LOT MAINTENANCE
Section 3.11 of the Declaration states, “…each Lot shall at all times be kept in a clean and sightly condition by the Owners thereof.”
The District board must exercise a great deal of judgment to determine what constitutes a lot that is maintained in a “clean and sightly condition.” Lots that are not maintained in a “clean and slightly condition” are in violation of this lot maintenance requirement. To better define and communicate its expectations regarding “clean, safe, attractive and slightly” conditions, the Design Guidelines establish specific minimum standards for maintaining the home lot or townhome unit. The Board encourages homeowners to review the Design Guidelines so they can better understand the standards established by the District regarding lot maintenance.
COMMON LOT MAINTENANCE VIOLATIONS
The most commonly noted violations for single family homes 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
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 District.
RENTAL PROPERTIES
Owners are responsible for maintaining their Lots/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 homes responsible for the reasonable maintenance of their Lots/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 lots as their primary residence, to be responsible for the reasonable maintenance of their lots—regardless of the Owners’ business, vacation or other schedules that may cause the Owners to be away from their lots for extended periods of time. Also, Owners are responsible for being familiar with the covenants and restrictions contained within the Declaration Document and the Design Guidelines.
ENFORCEMENT PROCESS
The District’s Board works with its management company to perform periodic neighborhood inspections. For all lot 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 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:
| First Notice | Written courtesy notice |
| Second Notice | Second courtesy notice (sent certified mail) |
| Third Notice | Written notice of $50 |
| Fourth Notice | Written notice of $100 fine and intent to file lien and/or turnover to attorneys |
| Fifth And Subsequent Notices | Notice of continuing open violation and legal action |
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 enforcement actions taken regarding a property maintenance 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 DECLARATION
Homeowners may conduct a vote in accordance with the Declaration to change or terminate the covenant-controlled community. In accordance with Section 6.3 of the Declaration, approval from 67% (or 231) of the 344 Lot/Unit owners within the District must be obtained to pass any proposed changes to or termination of the Declaration.
DISCLAIMER – ADDITIONAL INFORMATION
The information contained on this page is incomplete and only intended to be a summary of certain key provisions of the District’s Covenant Enforcement Policies and Procedures and the District’s Collection Policies and Procedures. Homeowners are responsible for carefully reviewing the District’s policies and procedures (posted in the document library on this website) to understand the District’s and homeowners’ respective responsibilities and rights regarding the enforcement of covenants, conditions, restrictions, rules applicable to the use and enjoyment of their properties.