AMENDED AND RESTATED RULES AND REGULATIONS
OF
SILVERJACK SUBDIVISION
a Colorado nonprofit corporation
These Rules and Regulations are adopted by the Lot Owners of Silverjack Subdivision and contain most of the provisions that were originally in the Protective Covenants that were filed as part of the establishment of Silverjack Subdivision. The original Protective Covenants have been amended at various times since the original filing. These Rules and Regulations are established to ensure the best use and the most appropriate development and improvement of each Lot; to protect Lot Owners against such improper use of surrounding Lots that could depreciate the value of their property; to preserve so far as practicable, the natural beauty of such property; to prevent the construction of improper or unsuitable improvements; to encourage and secure the erection of attractive dwellings thereon; and in general to provide adequately for the improvement of all property.
ARTICLE I
DEFINITIONS
The definitions contained in the Amended and Restated Declaration of Silverjack Homeowners Association are incorporated by reference.
ARTICLE II
COMMON AREAS
Section 2.1 Roads and Cul-de-sacs
2.1.1 All roads within the subdivision are 60 feet wide, and all cul-de-sacs have a 50 foot radius (100 foot diameter). All roads and cul-de-sacs are owned by the Association.
2.1.2 The roads and cul-de-sacs shall be maintained by the Association in their current conficuration. The roads as used and maintained do not extend to their full width. Such lack of use and maintenance does not affect legal ownership of the roads and cul-de-sacs. 2.1.3 Due to possible freezing or other damage to the pipes for the water system or damage to the roads, no roads shall be plowed during the winter. 2.1.4 The speed limit on all roads within the Subdivision is 15 miles per hour. The speed limit applies to all vehicles, including ATV’s. ATV’s must remain on the roads except while on the Lot Owner’s property. All motorized vehicles shall be operated in a manner that is reasonable and prudent for existing road conditions and pedestrian traffic. 2.1.5 Roads may be used for vehicular use, hiking, bicycling, dog walking, horseback riding, snow mobile riding, cross country skiing, and snow shoeing; provided, however that vehicular use is prohibited once the roads are covered with snow until the Lot Owners have been notified by the Board that the roads are opened for the summer. The prohibition against winter vehicular use does not apply to small, tracked winter vehicles; such as snow mobiles or tracked side-by-sides. |
Section 2.2 Gates.
2.2.1 The gates to the Subdivision will remain locked at all times.
2.2.2 The locks on the gates are special locks which cannot be oiled or otherwise fixed or adjusted by any Lot Owner but must be maintained by a qualified locksmith. 2.2.3 Each Lot will be given 2 keys to the gate. Additional keys will be provided at a cost to be determined by the Board. 2.2.4 Lot Owners shall not hide a key at either gate. Lot Owners are responsible for persons using their key regardless of how it was obtained. |
Section 2.3 Water System.
2.3.1 The water system consists of a water right for a spring on U.S. Forest Service land; three 1,750 storage tanks also on U.S. Forest Service land; 3000 feet of 8 inch blue line from the storage tanks to the filter house; and a filter house that contains chlorine tanks, pumps, pressure gauges, and filters required to treat the water, together with the required storage, drain lines, water lines, curb stops and other appurtenances required to transport and distribute the water.
2.3.2 Water system repairs shall be made only by persons specifically authorized by the Board or in accordance with the Management and Maintenance of the Water System policy which has been approved by the Board. Due to snow and the inability to locate the power lines, no repairs will be made during winter months. 2.3.3 The Board of Directors shall have the power to determine policies for the use of water from the water system, including without limitation the use of water for inside and outside uses, the conservation of water, and the construction and filling of cisterns. |
Section 2.4 Pond. As long as it is practicable, the Association will maintain a pond for the use of the Lot Owners.
2.4.1 Live minnows shall not be used as bait when fishing in the Subdivision Lake.
2.4.2 Fish shall not be cleaned at the lake. 2.4.3 The Board may establish fishing limits for the pond. 2.4.4 The leaving of litter, trash, fishing line, etc., in or around the pond is prohibited. 2.4.5. No outboard motors may be used on boats on the pond at any time. 2.4.6 The pond is partly on land owned by the Association and partly on Lot 23; however, there is an easement for the surface area of the pond that allows use of the entire pond for fishing and boating. There are also easements on the south side of the pond that allow Lot Owners and their guests to have access to the pond and to have access to the U.S. Forest Service Land. 2.4.7 No ATVs are allowed on the dam or on the lands surrounding the pond whether owned by Lot 23 or by the Association. No ATVs are allowed on the easement that provides access to the U.S. Forest Service land. |
Section 2.5 Board Restrictions on Use of Common Areas. The Board may restrict the use of Common Areas by temporarily closing portions thereof in order that improvements or repairs may be accomplished or in the event of a wildfire.
ARTICLE III
BUILDINGS AND CONSTRUCTION
Section 3.1 Property Lines. The front property line of all Lots is 30 feet from the center of the road and 50 feet from the center of a cul-de-sac. Property lines are established in the Plat for the Subdivision.
Section 3.2 Residential Use Only. Only one single-family residence designed for the occupancy of one family and the family’s guests shall be permitted on each Lot. There shall be no structures designed for any type of rental purposes or for the operation of any type of business except a Home Occupation.
Section 3.3 Types and Size of Buildings.
Section 3.2 Residential Use Only. Only one single-family residence designed for the occupancy of one family and the family’s guests shall be permitted on each Lot. There shall be no structures designed for any type of rental purposes or for the operation of any type of business except a Home Occupation.
Section 3.3 Types and Size of Buildings.
3.3.1 All residences shall have a total ground floor area, exclusive of porches or garages, of not less than 600 square feet.
3.3.2 Each Lot may have no more than one garage whether attached or otherwise, that is not larger than a common two-car garage. Each Lot may have no more than one utility building. The combined square footage for the garage and/or utility building shall be no more than 1,000 square feet. |
Section 3.4 Temporary or Moveable Accommodations Mobile homes, campers, vans, travel trailers, tents, or other similar types of lodging may not be placed on any Lot as a permanent residence. This rule shall not be construed to prevent parking or storage of a pickup mounted camper, travel bus, or camp trailer on a Lot while the residence is being constructed or once the residence is occupied, but such storage will not be permitted unless Lot Owner is actually on or about the premises.
Section 3.5 Setbacks. As noted in Section 3.1 above, the front property line is 30 feet from the center of the road and 50 feet from the center of a cul-de-sac. All structures built upon any Lot are required to be set back 50 feet from the property lines, but in the event of undue hardship because of the Lot’s geologic conditions or contours, a setback variance may be granted by the Board. The setback requirement shall not apply to fences, if the fences are otherwise in compliance with these Rules and Regulations. In addition, all structures shall comply with the setback requirements of Gunnison County, including setbacks from roads and property lines.
Section 3.6 Location of Buildings. No structure shall be permitted to be built upon an incline or slope if the soil conditions and degree of such incline and all other attendant circumstances would tend to create a danger to the owner of such structure, to the structure itself, to any other person or to any other structure.
Section 3.7 Building Plan. All Lot Owners must submit building plans to the Board for approval prior to the start of construction.
Section 3.8. Contractors Working on a Lot. It is recommended that any contractor working on a lot be properly insured. Lot Owners are responsible for any actions taken by or damage caused by contractors or anyone working for them.
Section 3.8 Construction of Buildings. Exterior construction of all Buildings shall be completed within two (2) years of the commencement of the construction. Every building constructed on any Lot shall be of neat appearance, well-constructed, properly maintained, and the exterior construction shall be of the type that will be harmonious with a mountain setting. Exteriors finished with asphalt shingles for siding, tar paper siding, and shiny metal siding are specifically excluded. Shiny metal shall not be used for roofing.
Section 3.9 Plumbing and Septic System. All residences must have indoor plumbing with a septic tank and leach field constructed in accordance with Colorado State and Gunnison County health laws and regulations. The setback requirements of Section 3.5 above shall also apply to leach fields unless the Colorado State and Gunnison County health laws require a greater setback requirement.
Section 3.10 Propane Tanks. All propane tanks installed after July of 1999 must be placed underground.
Section 3.11 Cisterns. Because the water system will occasionally be shut down for maintenance or be without water due to the drought, all Lot Owners are advised to install a cistern or storage tank so that they have water during periods when water is unavailable. All residences built after July 2008, must have a cistern which holds a minimum of 500 gallons of water for water storage.
Section 3.12 Fences. Silverjack Subdivision was designed to be left in its original state with an open space concept and no fencing will be allowed other than yard fences which will encompass no more than one acre in area. The fence must surround a residential building. Fences shall be
constructed of poles or other appropriate material for mountain setting.
Section 3.13 Signage. Owners may install and maintain a sign in keeping with the character of the area that identifies the Lot’s Owner, property name, and/or address. No such sign may exceed 10 square feet or advertise a business or product.
Section 3.14 Building Review.
Section 3.5 Setbacks. As noted in Section 3.1 above, the front property line is 30 feet from the center of the road and 50 feet from the center of a cul-de-sac. All structures built upon any Lot are required to be set back 50 feet from the property lines, but in the event of undue hardship because of the Lot’s geologic conditions or contours, a setback variance may be granted by the Board. The setback requirement shall not apply to fences, if the fences are otherwise in compliance with these Rules and Regulations. In addition, all structures shall comply with the setback requirements of Gunnison County, including setbacks from roads and property lines.
Section 3.6 Location of Buildings. No structure shall be permitted to be built upon an incline or slope if the soil conditions and degree of such incline and all other attendant circumstances would tend to create a danger to the owner of such structure, to the structure itself, to any other person or to any other structure.
Section 3.7 Building Plan. All Lot Owners must submit building plans to the Board for approval prior to the start of construction.
Section 3.8. Contractors Working on a Lot. It is recommended that any contractor working on a lot be properly insured. Lot Owners are responsible for any actions taken by or damage caused by contractors or anyone working for them.
Section 3.8 Construction of Buildings. Exterior construction of all Buildings shall be completed within two (2) years of the commencement of the construction. Every building constructed on any Lot shall be of neat appearance, well-constructed, properly maintained, and the exterior construction shall be of the type that will be harmonious with a mountain setting. Exteriors finished with asphalt shingles for siding, tar paper siding, and shiny metal siding are specifically excluded. Shiny metal shall not be used for roofing.
Section 3.9 Plumbing and Septic System. All residences must have indoor plumbing with a septic tank and leach field constructed in accordance with Colorado State and Gunnison County health laws and regulations. The setback requirements of Section 3.5 above shall also apply to leach fields unless the Colorado State and Gunnison County health laws require a greater setback requirement.
Section 3.10 Propane Tanks. All propane tanks installed after July of 1999 must be placed underground.
Section 3.11 Cisterns. Because the water system will occasionally be shut down for maintenance or be without water due to the drought, all Lot Owners are advised to install a cistern or storage tank so that they have water during periods when water is unavailable. All residences built after July 2008, must have a cistern which holds a minimum of 500 gallons of water for water storage.
Section 3.12 Fences. Silverjack Subdivision was designed to be left in its original state with an open space concept and no fencing will be allowed other than yard fences which will encompass no more than one acre in area. The fence must surround a residential building. Fences shall be
constructed of poles or other appropriate material for mountain setting.
Section 3.13 Signage. Owners may install and maintain a sign in keeping with the character of the area that identifies the Lot’s Owner, property name, and/or address. No such sign may exceed 10 square feet or advertise a business or product.
Section 3.14 Building Review.
3.14.1 Any Lot Owner wishing to build a Structure or do an exterior remodel of an existing Structure must submit the plans to the Board prior to commencing construction. The Board may request additional information from the Lot Owner.
3.14.2 The Board or a committee appointed by the Board shall review the plans submitted by the Lot Owner for such new construction or remodeling to ensure that the construction or remodeling complies with the provisions of this Article. The Board shall respond in writing within a reasonable time either approving the plans or detailing any deficiencies or problems with the plans which deficiencies or problems must be remedied to the Board’s satisfaction prior to commencement of construction. 3.14.3 Any variance from the requirements of this Article must be requested in writing and approved by the Board in writing. |
ARTICLE IV
ANIMALS
Section 4.1 Horses. The Owner of any Lot may bring a maximum of 5 horses to his or her Lot for no longer than seven days during periods when the Owner shall be present. The horses shall be kept within the fence allowed in Section 3.12 above. If a horse leaves the Owner’s Lot and damages the Association’s or another Lot Owner’s property, the Lot Owner bringing the horse into the Subdivision shall be liable for such damages.
Section 4.2 Livestock. Except as otherwise herein provided with respect to horses, no livestock or poultry shall be kept on any of the Lots.
Section 4.3 Dogs and Cats. Dogs and cats must be under Lot Owner’s control at all times. No kennels shall be maintained on any Lot. A kennel is defined as keeping more than three (3) dogs, but this restriction shall not apply to a litter of pups that are less than eight (8) weeks old.
Section 4.2 Livestock. Except as otherwise herein provided with respect to horses, no livestock or poultry shall be kept on any of the Lots.
Section 4.3 Dogs and Cats. Dogs and cats must be under Lot Owner’s control at all times. No kennels shall be maintained on any Lot. A kennel is defined as keeping more than three (3) dogs, but this restriction shall not apply to a litter of pups that are less than eight (8) weeks old.
ARTICLE V
USE OF PROPERTY
Section 5.1 Rentals or Leases. There shall be no daily, short term or long term rentals or leases of any Lot or Building within the Subdivision. This provision also prohibits the listing or use of a Lot or Building with Airbnb, VRBO or any similar site.
Section 5.2 Hazardous Activities. No activities shall be allowed or conducted within Silverjack Subdivision which are or might be unsafe or hazardous to any person or property. Such hazardous activities include, but are not limited to, detonating explosives or similar devices or discharging firearms except as allowed in Section 5.7 below.
Section 5.3 Open Fires. No outside open fires shall be permitted on any Lot unless contained within a cooking unit, barbecue, or grill or within a fire pit. It is recommended that all fire pits have a screen to prevent sparks.
Section 5.4 Waste Disposal. Solid waste disposal is the responsibility of the individual Lot Owner, and trash or garbage shall not be permitted to accumulate upon any Lot except in properly covered, bear-proof containers which shall be emptied on a regular basis to avoid overflow and unreasonable odors or conditions resulting therefrom. Open burning of trash shall not be permitted.
Section 5.5 Fireworks. Because of the possibility of fire, no fireworks, including sparklers, may be lit or set off anywhere within Silverjack Subdivision
Section 5.6 Business. No businesses shall be operated from a Lot or Building within Silverjack Subdivision. Home Occupations that comply with the definition in Section II.N of the Declaration are allowed.
Section 5.7 Hunting. There shall be no hunting, capturing, maintaining or trapping of wildlife within the subdivision. Mice, rats, marmots, gophers and other similar rodents on a Lot Owner’s property may be trapped or shot with a pellet gun or with a with a caliber no larger than a .22 magnum rimfire.
Section 5.8 Noise and Nuisances. No obnoxious, offensive, or disruptive activity or any situation which would constitute a public or private nuisance to other Owners or guests will be permitted. Examples include: Excessive noise, loud music, or excessively barking dogs.
Section 5.9 Abandoned Vehicles. No abandoned vehicles shall be permitted on any Lot. A vehicle shall be considered abandoned if it remains non-operable for a period of three weeks. The Board may have vehicles violating this provision towed at the owner’s expense.
Section 5.10 Fire Mitigation. Fire is an ever-present danger and risk for a wildfire can be reduced if, at a minimum, each Owner attempts, as much as possible, to clean up dead and downed trees from his or her Lot. By doing so, the overall health and safety of the forest may be preserved, and Owners may find insurance is more available and the premiums may be reduced. The State of Colorado, Gunnison County and U.S. Forest Service provide guidelines for fire mitigation, and Lot Owners are advised to comply with these recommendations. Lot Owners are further advised to have all tree cutting and removal be performed by a competent professional with appropriate equipment and adequate insurance. Any tree cutting or removal performed by a Lot Owner is performed at that Owner’s own risk.
Section 5.2 Hazardous Activities. No activities shall be allowed or conducted within Silverjack Subdivision which are or might be unsafe or hazardous to any person or property. Such hazardous activities include, but are not limited to, detonating explosives or similar devices or discharging firearms except as allowed in Section 5.7 below.
Section 5.3 Open Fires. No outside open fires shall be permitted on any Lot unless contained within a cooking unit, barbecue, or grill or within a fire pit. It is recommended that all fire pits have a screen to prevent sparks.
Section 5.4 Waste Disposal. Solid waste disposal is the responsibility of the individual Lot Owner, and trash or garbage shall not be permitted to accumulate upon any Lot except in properly covered, bear-proof containers which shall be emptied on a regular basis to avoid overflow and unreasonable odors or conditions resulting therefrom. Open burning of trash shall not be permitted.
Section 5.5 Fireworks. Because of the possibility of fire, no fireworks, including sparklers, may be lit or set off anywhere within Silverjack Subdivision
Section 5.6 Business. No businesses shall be operated from a Lot or Building within Silverjack Subdivision. Home Occupations that comply with the definition in Section II.N of the Declaration are allowed.
Section 5.7 Hunting. There shall be no hunting, capturing, maintaining or trapping of wildlife within the subdivision. Mice, rats, marmots, gophers and other similar rodents on a Lot Owner’s property may be trapped or shot with a pellet gun or with a with a caliber no larger than a .22 magnum rimfire.
Section 5.8 Noise and Nuisances. No obnoxious, offensive, or disruptive activity or any situation which would constitute a public or private nuisance to other Owners or guests will be permitted. Examples include: Excessive noise, loud music, or excessively barking dogs.
Section 5.9 Abandoned Vehicles. No abandoned vehicles shall be permitted on any Lot. A vehicle shall be considered abandoned if it remains non-operable for a period of three weeks. The Board may have vehicles violating this provision towed at the owner’s expense.
Section 5.10 Fire Mitigation. Fire is an ever-present danger and risk for a wildfire can be reduced if, at a minimum, each Owner attempts, as much as possible, to clean up dead and downed trees from his or her Lot. By doing so, the overall health and safety of the forest may be preserved, and Owners may find insurance is more available and the premiums may be reduced. The State of Colorado, Gunnison County and U.S. Forest Service provide guidelines for fire mitigation, and Lot Owners are advised to comply with these recommendations. Lot Owners are further advised to have all tree cutting and removal be performed by a competent professional with appropriate equipment and adequate insurance. Any tree cutting or removal performed by a Lot Owner is performed at that Owner’s own risk.
ARTICLE VI
WATER SYSTEM POLICY
Section 6.1 Management and Maintenance of the Water System. All management and maintenance of the water system will be handled exclusively by the Board of Directors. The Association is responsible for the water system from the spring to the curb stops on individual
Lots. The Lot Owner is responsible for the water line from his or her curb stop to and within his or her residence.
Section 6.2 Leaks. If a Lot Owner does not have water or if a Lot Owner discovers a leak anywhere in the system, the Lot Owner must immediately contact the Board of Directors by email or by phone. Lot Owners shall not attempt to shut down the water system or to fix any leaks in the water system on their own unless the leak is between the curb stop and residence.
Section 6.3 Contractors. The Board shall enter into contracts with qualified contractors to manage, maintain and repair the water system, the roads, and all Common Areas.
Section 6.4 Owners’ Responsibilities
Lots. The Lot Owner is responsible for the water line from his or her curb stop to and within his or her residence.
Section 6.2 Leaks. If a Lot Owner does not have water or if a Lot Owner discovers a leak anywhere in the system, the Lot Owner must immediately contact the Board of Directors by email or by phone. Lot Owners shall not attempt to shut down the water system or to fix any leaks in the water system on their own unless the leak is between the curb stop and residence.
Section 6.3 Contractors. The Board shall enter into contracts with qualified contractors to manage, maintain and repair the water system, the roads, and all Common Areas.
Section 6.4 Owners’ Responsibilities
6.4.1 If a Lot Owner discovers a leak between the curb stop and his or her home, the Lot Owner shall immediately turn the water off at the curb stop until such time as the leak is fixed and the Board is notified of the repair and the repair tested and verified. If a Lot Owner does not voluntarily turn off the water at the curb stop when there is a leak, the curb stop will be turned off and a lock will be placed on the curb stop until such time as the leak is repaired and the repair tested and verified. The Lot Owner shall notify the Board when the repair has been completed and the lock will be removed.
6.4.2 If the Lot Owner hires a contractor to repair the water line between the curb stop and his or her home who is not the Board’s approved contractor, the Lot Owner will need to 1) verify that the contractor is properly insured; 2) let the contractor in and out of the subdivision at the gate and 3) notify the Board of the date when the work will be done. Only contractors approved by the Board are allowed to open or close main line or zone valves within water system. If the main lines or the zone valves need to be opened and closed, arrangements will have to be made with a Board Member or their designated representative. |
ARTICLE VII
COMMUNICATION WITH SUBDIVISION CONTRACTORS
All communications with Subdivision contractors shall go through the Board or the Board’s designee.
ARTICLE VIII
GENERAL PROVISIONS
Section 8.1 Applicability of the Rules and Regulations. The Rules and Regulations apply to every purchaser or owner of any Lots within the Subdivision.
Section 8.2 Responsibility for Ensuring Compliance with Governing Documents. Property Owners are responsible for ensuring that their family members, guests, and contractors comply with all matters contained in the Governing Documents.
Section 8.3 Enforcement of these Rules and Regulations. Every violation of these Rules and Regulations is subject to all the remedies contained in the Governing Documents together with all public and private remedies allowed by law or equity.
Section 8.4 Amendment. These Rules and Regulations may be amended by an instrument signed by at least the Owners of 20 or more of the Lots or passed by at least 20 of the Lot Owners attending in person or by proxy at an annual or special meeting.
Section 8.5 Variances. The Board may grant variances for any of the provisions of the Rules and Regulations for undue hardship on a lot owner or other good cause. Such variances will be requested in writing and any approval of the variances shall be in writing.
Section 86.6 Severability. Invalidation of any of the Rules and Regulations by judgment or court decree shall not affect the remaining provisions, which will remain in full force and effect.
Duly adopted the 16th day of July, 2022, by the Members of Silverjack Homeowners Association, a Colorado Nonprofit Association
SILVERJACK SUBDIVISION, INC.
Section 8.2 Responsibility for Ensuring Compliance with Governing Documents. Property Owners are responsible for ensuring that their family members, guests, and contractors comply with all matters contained in the Governing Documents.
Section 8.3 Enforcement of these Rules and Regulations. Every violation of these Rules and Regulations is subject to all the remedies contained in the Governing Documents together with all public and private remedies allowed by law or equity.
Section 8.4 Amendment. These Rules and Regulations may be amended by an instrument signed by at least the Owners of 20 or more of the Lots or passed by at least 20 of the Lot Owners attending in person or by proxy at an annual or special meeting.
Section 8.5 Variances. The Board may grant variances for any of the provisions of the Rules and Regulations for undue hardship on a lot owner or other good cause. Such variances will be requested in writing and any approval of the variances shall be in writing.
Section 86.6 Severability. Invalidation of any of the Rules and Regulations by judgment or court decree shall not affect the remaining provisions, which will remain in full force and effect.
Duly adopted the 16th day of July, 2022, by the Members of Silverjack Homeowners Association, a Colorado Nonprofit Association
SILVERJACK SUBDIVISION, INC.