HOA Covenants

Restrictive Covenants for Bellford Subdivision

1. All the lots in BELLFORD SUBDIVISION shall be known and described as “residential building lots”. No building shall be erected, altered, placed, or permitted on any one lot other than one family dwellings not to exceed two stories in height and a private garage for not more than two cars.

2. No building shall be erected, placed, or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved as to quality of workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finish grade elevation maintained. The officers of the Bellford Homeowners Association plus three homeowners will form committee, from this day forward to be call “Bellford Homeowners Association Committee”, that in the event of any dispute concerning the Covenants or any other disagreement, they would preside. The officers of the Bellford Homeowners Association committee should be contacted prior to any construction by a homeowner, to protect the integrity of the neighborhood and to adhere to the Covenants.

3. No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot, one sign of not more than five square feet advertising the property for sale or construction and sales period.

4. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot except dogs, cats, or other household pets, which may be kept provided they are not kept, bred or maintained for commercial purposes.

5. It being the intention of the covenants to assure that all dwellings shall be of a quality workmanship and materials substantially the same or better than that which can be produced on the date these covenants are recorded, none shall be constructed other than brick, brick veneer, stone, manufactured stone, lumber, or special requests approved only by the Bellford Homeowners Association Committee. Any out building erected shall have exterior walls in conformity with materials used in the exterior walls of the main structure. The ground floor area of the main structure, exclusive of one-story, open porches or garage, shall not be less than 1,000 square feet nor less that 700 square feet for a dwelling of more than one story. Cinder or cement blocks may not be used for exposed walls.

6. No building shall be located on any lot nearer to the front lot line or nearer to the side street line than the minimum building setback lines shown on the recorded plat. In any event, no building shall be located on any lot nearer than 25 feet to the front lot line, or nearer than 25 feet to any side streets line. No building shall be located nearer than 15 feet to an interior lot line except that a 5 foot side yard shall be required for a garage or other limited accessory building located on the rear half of the lot. For purposes of this covenant, caves, steps and open porches shall be considered as a part of a building, provided, however, that this shall not be constructed to permit any portion of a building, on a lot, to encroach upon another lot.

7. No structure of a temporary nature, trailer and RVs, basement, tent, shack, garage, or other building shall be used on any lot at any time as a residence either temporary or permanent. Trailers and all RVs should be kept behind fence or even with the house front. No overnight street parking for construction equipment will be allowed. All trash and trash cans need to be out of sight of the street. No noxious or offensive trade or activity shall be conducted upon any lot nuisance to the neighborhood. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All equipment for the storage or disposal of such materials shall be kept in clean and sanitary condition.

8. Up-keep of all yards shall be the responsibility of the homeowners. If the homeowner is not in residence, the renter is responsible for yard up-keep. If the homeowner is not in residence and there is no renter, the homeowner is responsible for hiring maintenance and lawn services company to assure the up-keep of the property is maintained year round. A fine will be assessed if the homeowner does not comply with this covenant. The fine will be determined by the Bellford Homeowner Association Committee and will be put into the bank account for the Bellford Homeowners Association.

9. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of 25 years from the date these covenants are recorded after which time said covenants shall be automatically extended for successive periods of 10 years, unless an instrument signed by a majority of then owners of the lots had been recorded, agreeing to change said covenants in whole or in part. When a vote is required be it a vote on new covenants or any other matter brought before the Bellford Homeowners Association, the Bellford Homeowners Association Committee or any other group of Bellford homeowners a majority vote 51% of the homeowners votes shall be required. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages. Invalidation of any one of these covenants by judgment of court order shall in no way affect any of the other provisions which shall remain in full force and effect.

10. The Homeowner’s dues are to be used for the common good and the amount the dues will be set by a vote of the Homeowners. Failure to pay the dues within 90 days after the yearly Homeowners meeting will result in a letter being sent to the homeowner advising them that a lien will be filed against their property. If the homeowner fails to pay within 30 days after receiving the letter, the unpaid amount will be charged 8% interest per annum from the date of the yearly Homeowners meeting, if the lien is filed. When notification to the homeowner of a lien being issued against their property has been given to them, they have 10 business days to respond. Any fine that has been assessed and any fees that apply in order to resolve this matter will be the responsibility of the homeowner.

Signed this ______ day of _____________, 2006 By: _____________________________ The foregoing instrument was acknowledged before me the _______ Day of _______________, 2006 by: ______________________________. Witness my hand and official seal My commission expires ____________________. AMENDMENT OF DECLARATION OF RESTRICTIVE COVENANTS FOR THE BELLFORD HOMEOWNERS’ ASSOCIATION THIS AMENDMENT OF DECLARATION is made by the Bellford Homeowners Association (the “Association”) Section 4 for the purposes and intent noted herein. The petition to amend Section 4 of the Bellford Subdivision Covenants to allow homeowners to eliminate restricting poultry has passed: Number of residents that approve: 29 Number of residents that do not approve: 6 Number of residents that were not reached: 9 The amendment will read as follows: Any resident that wishes to raise chickens will be required to receive prior approval from the Board of the HOA under the following guidelines: A. Chickens will be domestic female (hens) only and no more than six. B. Hens will be utilized for personal egg production or as pets. C. A henhouse must be a humane properly constructed enclosure with at least two feet of level ground clearance, solid, secure sides, including a solid top to prevent entry of predatory animals (owls, hawks or foxes). The enclosure must provide access for proper cleaning and maintenance. It must provide protection from extreme temperatures by proper insulation, ventilation and drainage. The structure must be constructed to prevent rats, mice, or other rodents from being harbored underneath or within the walls. All henhouses must be properly maintained in a safe, clean, sanitary and substantial condition that possess no health threat to the chickens or residents and does not create a public nuisance. D. All feed and other items associated with keeping chickens that are likely to attract or become infested with or infected by rats, mice or other rodents shall be protected to prevent access. E. Disposal of the manure should be composted when possible. Otherwise, the homeowner will be required to double bag the waste and disposed of with regular household trash. F. Hens should always be contained with a minimum height of four feet and four feet square area and properly drained to avoid accumulating moisture. G. All henhouses shall be a minimum of ten feet away from any adjoining property line. All structures, fencing, and hens must be located in the rear yard of the dwelling. H. If the homeowner is found not following any of these items are subject to fines assessed by the Board of the Bellford Homeowners Association and if necessary, violations will be reported to the Animal Control and/or the Code Enforcement Division of Grand Junction. IN WITNESS WHEREOF, THE ASSOCIATION BOARD has duly signed and acknowledged this Amendment of Declaration this __18th___ day of ___October______, 2020 Donald Johnson, Jr., President ________________________________________ Sarah A Lawien, Secretary/Treasurer ________________________________________ The foregoing instrument was acknowledged before me this _28th_ day of __December__, 2021, by Sarah Lawien, Secretary/Treasurer of the Bellford Homeowners’ Association Board, on behalf of the Association. ______________________________________ Notary Public