architectural guidelines

1. STATEMENT OF PURPOSE, RATIONALE AND APPLICATION

Purpose

The Blue River Valley Ranch Lakes Association “BRVRLA” Design Guidelines and Procedures “Guidelines” have been created to:

Establish standards and requirements for building which apply to all improvements on a lot.
Establish guidelines for protecting neighboring properties from infringement on their property value from poor building/landscape design.
Prevent overbuilding on any lot in the association.
Establish an Architectural Control Committee overseen by the Board of Directors.
Establish a Design Review Process to provide direction to Owners for the improvements to their property.
Establish guidelines for minimizing noise, trash, etc. to neighboring properties during the building phase on any lot in the association.
Prevent over-landscaping on any one lot that would unfairly burden the well that is for the benefit of the entire Association.

Rationale

BRVRLA is a unique community in Summit County. It has substantial open spaces, ponds, pastures, river access, three lakes, and magnificent views. All of these advantages are of great value to owners within the community. The protection of the value and desirability of the BRVRLA community is a primary responsibility of the Board of Directors and to that end; these Guidelines have been developed. The goal is not to achieve a single architectural look and feel throughout the community. Instead, it is to ensure that no actions are taken by an owner that would detract from the value of the community as a whole and/or inhibit the ability of adjoining owners to enjoy the beauty of the community. They also clearly communicate expectations to the owners.

Application

These guidelines constitute standards and requirements that apply to all major improvements on a Lot. Each Owner must adhere to them, whenever he/she proposes to build on his/her Lot, reconstruct, add to, change the exterior of an existing structure or create major landscape improvements, subject to waivers or variances granted by the Architectural Control Committee.

A design review process (the “Design Review Process”) has been established that provides checkpoints throughout the design and development phases to ensure that time and money are not wasted on plans and designs that do not adhere to the Guidelines., The Design Review Process is intended to operate sequentially with the plan review process required by Summit County for obtaining a Building Permit. An application for a Building Permit should not be submitted to the County prior to confirmation of Final Design Approval by the ACC. However, BRVRLA’s Design Review Process is independent of the County’s technical plan review and design review process and is solely intended to assure compliance with the BRVRLA Design Guidelines. Therefore, each Owner or Owner’s agent shall bear the responsibility for the proposed improvements adherence to the Summit County’s design, zoning and building code standards.

The Design Guidelines are promulgated and administered by the Architectural Control Committee (the “ACC”) in accordance with the Supplemental & Amended Declaration of Covenants for Blue River Valley Ranch Lakes Association (“the Declaration”) and pursuant to the authority granted therein to the Board of Trustees of the BRVRLA.

2. SITE PLANNING AND LANDSCAPE GUIDELINES

2.1 Landscaping

All major landscape improvements to any lot must be reviewed by the ACC. Major landscape improvements may include, but are not limited to: extensive tree plantings, building fences or walls, constructing out buildings, and relocating driveways.

Due to the limited amount of water available from the BRVRLA well, the maximum amount of lawn which may be irrigated with well water is 2500 square feet and deep irrigation of trees or other plantings is limited to 1 hour.

2.2 CONSTRUCTION AREA AND SETBACKS

Buildings and structures must be sensitively sited to the extent practical/possible on a lot to preserve view corridors from existing and future houses on neighboring properties. The setback to contiguous properties shall conform to Summit County requirements. As of this writing setbacks are 25 feet front and rear, 15 feet for each side yard, and 15 feet from center of Bobo Ditch.

2.3 GRADING AND DRAINAGE

Site grading and drainage must occur with minimum disruption to the Lot, without altering natural drainage patterns as runoff leaves the Lot, and without causing conditions that could lead to unnecessary soil erosion, slippage or subsidence.

Surface drainage upon and across any Lot must be addressed through the implementation of sound construction and grading practices. Existing points of entry and exit to and from a Lot by historic surface drainage must be respected. Any improvement which creates an obstruction to surface flows resulting in a back up of water onto a neighboring Lot or tract is strictly prohibited. Ground levels should be established at a vertical elevation such that final placement of backfill, walks, drives, and porches will produce a positive drainage away from the structure in all directions.

2.4 ACCESS DRIVES

In order not to impede the flow of water in a drainage ditch, a concrete or metal culvert pipe, with a diameter of 12 inches or greater may be required to be installed (AT THE OWNER’S EXPENSE) beneath an access driveway, between the road shoulder and the property line. The flow line of the pipe shall be aligned and sloped so that storm flows will continue smoothly and unimpeded beneath the driveway crossing.

2.5 WALLS AND FENCING

Fences, walls or other screening barriers shall enhance the neighborhood image of natural open space, a country atmosphere and a variety of wildlife. The purpose of fencing shall be to provide privacy, provide enclosed space for pets and people, provide a wind break and add to the aesthetics as part of landscape design.

It is recommended that Lot owners use:

a. See-through fencing

b. Keep fences as low as possible

c. Landscape around the fence to help it blend in with the land

d. Use natural materials and colors such as wood and rocks and

e. Include natural looking berms with trees and other foliage.

The following are not acceptable:

a. Solid fences that surround the Lot boundary, fences that dominate the property or “stick out”

b. Fences higher than 6 feet

c. Chain link fences, snow fences, or fences that interfere with “rights of way” are strongly discouraged and will not be approved absent necessary and extenuating circumstances.

d. Privacy or screen walls must not exceed six feet in height, measured from existing natural grade, and they may not encroach into any rights of way.

In keeping with the above concepts, with exception of split rail fencing, no site walls or fences will be permitted which delineate the Lot, although it is understood that such walls or fences may define pet runs or small yards, courtyards or terraces in close proximity to the residence for the purpose of privacy.

2.6 STORAGE TANKS

All fuel tanks, water tanks or similar storage facilities must be installed underground at the expense of the Lot owner.

2.7 ANTENNAS AND SATELLITE DISHES

Satellite dishes and multichannel multipoint distribution systems shall be 18 inches or less in diameter and shall be mounted in the least obtrusive manner possible.

2.8 SIGNAGE

Refer to Association Rules and Regulations.

2.9 LIGHTING

Site lighting is permitted, provided such lighting does not result in excessive glare toward the street or neighboring properties. All exterior lighting must be of a low-level subdued intensity and downward directed.

2.10 SWIMMING POOLS AND SPAS

Swimming pools are not permitted in the BRVRLA. Outdoor spas, if any, should be incorporated into the overall design of the residence. All spas must be constructed and drained according to Summit County regulations.

2.11 DECKS

Installation or replacement of decks is not subject to ACC review. Owners, however, are cautioned not to install a deck of such a height or size as to significantly impair the views of adjacent lots.

2.12 STORAGE SHEDS AND OTHER OUTBUILDINGS

Unattached storage sheds, outbuildings, yurts etc. shall be less than 200 sq ft and owners are limited to placing two (2) such buildings on a Lot.

3. ARCHITECTURAL DESIGN STANDARDS

It is the intent of these standards to promote an architectural design that is compatible with the natural landscape and is environmentally sound while recognizing the eclectic nature of the community.

3.1 SIZE AND LOCATION

In order not to overpower the natural landscape, owners and their designers should strive to create the highest quality home in the smallest possible volume which satisfies the owners’ requirements for space. Buildings and structures must be sensitively sited on a lot to preserve view corridors from existing and future houses on neighboring properties. Each Lot is limited to 1 single family house as provided for in Section 6.1 of the BRVRLA Declaration.

The total enclosed floor area of a residence after any improvements or in the event of a total reconstruction shall not exceed 5000 square feet. The “total enclosed floor area”, includes all permanently enclosed spaces of a residential structure excluding garages(s), and storage or mechanical rooms which open to a garage or an outdoor space. All area calculations shall be figured on an ‘outside-to-outside’ basis, thereby including the projected area beneath exterior and interior walls. The projected area of an interior stairwell of a two-story or multi-leveled residence shall be counted only once at its lowest level; stair landing at each upper floor level shall be included within the living area of the floor level accessed from that landing.

3.2 PREFABRICATED BUILDINGS

Manufactured units will NOT be permitted within BRVRLA. A manufactured unit is a structure that is built on a permanent chassis and is designed to be used as a dwelling with or without a permanent foundation. The manufactured home has a structural frame (or chassis) that supports the complete unit of walls, floors, and roof. The underneath part of the home may have running gear (that is, wheels, axles and brakes) that enable it to be transported to the permanent site. A specific example of a manufactured unit which are not permitted would be a single, double, or triple wide mobile home which is assembled offsite and then transported to the site and the units connected together to make a single residence.

Modular homes may be permitted within BRVRLA. A modular home is defined as a complete livable dwelling that is built and assembled in a factory, transported to a site and placed on a foundation. A modular home is not supported on steel I-beams and is not equipped with wheels or axles. The aesthetic merits of any such modular structures are subject to review and approval by the ACC.

In addition, any structures that are assembled off-site and completely disassembled for transportation, including log cabins or a custom designed modular building, are also permitted.

3.3 HEIGHT OF STRUCTURES

The maximum height limits of a structure shall be determined in accordance with applicable Summit County Land Use and Development Code provisions.

3.4 EXTERIOR MATERIALS

Exterior materials should generally be materials that are compatible with the native landscape such as wood, including shingles, native stone materials and stucco. Heavy timber and log structural accents are encouraged.

Plywood siding is discouraged unless the applicant can demonstrate to the ACC that the specific proposed application would result in a finished appearance indistinguishable from an individual board siding application. Generally, synthetic sidings, such as aluminum, vinyl and fiberglass products, are not desirable but may be approved by the ACC on a case by case basis.

3.5 EXTERIOR COLORS

The color of exterior materials must generally be subdued to blend with the natural landscape. Earth tones are generally recommended, but not required.

3.6 WINDOWS, DOORS AND SKYLIGHTS

Highly reflective glazing material and mirror like sun screening films are prohibited for use in windows, glazed doors, skylights, or for other exterior applications.

3.7 GARAGES

Garages shall not accommodate more than three automobiles and must be composed of the same family of materials, details and colors as its associated residential structure.

3.8 SOLAR APPLICATIONS

Passive solar design is encouraged. Active solar applications must be of a type that does not cause excessive reflective glare, and would only be approved by the ACC if the hardware is sufficiently integrated into the structure or landscaping of a Lot so as to appear unobtrusive from any other lot or property.

3.9 CHANGES OR ADDITIONAL CONSTRUCTION

All exterior changes or additions to the approved plans before, during, or subsequent to their initial construction must be approved by the ACC before the alteration may be implemented. Such changes will be expeditiously reviewed within 10 days of receipt by the ACC of such request.

4. DESIGN REVIEW PROCESS

4.1 SKETCH PLAN REVIEW

Prior to preparing detailed plans for any proposed improvement it is required that the Owner and/or his/her architect/designer meet with the ACC to discuss the proposed sketch plans. The meeting will help to identify, and attempt to resolve, any questions regarding building requirements or site issues. This review is to offer guidance prior to preparing final plans. Please contact a member of the ACC to schedule a meeting time.

For the Sketch Plan Review meeting with the ACC, please submit:

1. Site Plan Sketch showing the entire property, including property boundaries, setbacks, existing and proposed building locations, the driveway, parking area, location of septic tank and leach field and existing and proposed vegetation.

2. Floor Plan Sketches-The Floor Plans must show proposed finished floor elevations and exterior dimensions of the residence.

3. Elevation Sketches indicating exterior materials. The Elevations must show the dimension to the highest point of the roof structure, as measured in accordance with Summit County Land Use & Development Code.

4. Evidence that the owner has presented the Sketch Plans to owners of adjoining lots and to owners of lots across the street from the proposed improvement or a request that the ACC present the Sketch Plans to such owners. If any such owners have concerns about the proposed improvement those concerns shall be communicated to the ACC at the Sketch Plan Meeting by the owner proposing the improvements or to the owner by the ACC in the event the ACC has consulted directly with such owners.

5. Agreement signed by the owner and their general contractor that confirms review of Architectural Guidelines.

4.2 FINAL DESIGN SUBMITTAL

After preliminary sketch plan approval is obtained from the ACC, the following construction documents are to be submitted for final review prior to submitting for a building permit:

1. Site Plan (scale at 1”=10’-0” or 1”=20’-0”) which satisfies Summit County requirements showing the entire property, including property boundaries, setbacks, existing and proposed building locations, the driveway, parking area, existing and proposed topography, location of septic tank and leach field, utility locations, and existing and proposed vegetation.

2. Floor Plans (scale ¼” or 1/8” = 1’-0”). The Floor Plans must show proposed finished floor elevations and exterior dimensions of the residence.

3. All exterior Elevations (scale ¼” or 1/8” = 1’-0”) showing both existing and proposed grade lines, plate heights, ridge heights and roof pitch, and indicating exterior materials. The Elevations must show the dimension to the highest point of the roof structure, as measured in accordance with Summit County Land Use & Development Code.

4. A color board depicting final exterior materials, colors and textures.

4.3 REVIEW PROCEDURES

The ACC will meet with the owner to review both the sketch plan and final design submittal and will respond in writing within 7-14 calendar days after each such meeting, baring unavoidable delays, after receipt of the sketch plan or final design submittal. Any response an Owner may wish to make regarding the results of a design review must be addressed to the ACC in writing.

The final written approval by the ACC shall be valid for a period of eighteen (18) months. If construction has not started before the end of this time period, any approval shall be automatically revoked. The review process will have to be made again without any assurance that a previously approved design will be accepted.

4.4 COMMENCEMENT OF CONSTRUCTION

The Owner shall complete the construction of any improvement of his/her lot within 24 months after commencing construction. If the Owner fails to comply with this schedule or if the diligent and earnest pursuit of the completion of the improvement ceases, the ACC may refer the matter to the Board of Trustees. The Board shall contact the owner to discuss any extenuating circumstances and explore options for dealing with any aspects of the project that have not been completed and are unsightly.

4.5 FINAL RELEASE

Upon completion of any residence or other improvement and before application for the Certificate of Occupancy, the Owner or builder shall give written notice of completion to the ACC.

Within 10 days of such notification, a member of the ACC may, at a time convenient to the owner, inspect the residence or other improvements for compliance. If all improvements comply with these Design Guidelines, the ACC will issue a written approval to the Owner, constituting a final release of the improvements by the ACC, which release is to be issued within 15 days of the final inspection.

If it is found that the work was not done in compliance with the approved plans or any portion of these Design Guidelines, the ACC will issue a written notice of noncompliance to the Owner, specifying the particulars of noncompliance, which notice is to be issued within 15 days of the final inspection.

The Owner shall have 45 days from the date of notice of noncompliance within which to remedy the non-complying portions of his improvement. If, by the end of this time period the Owner has failed to remedy the noncompliance, the ACC shall refer the matter to the Board of Trustees to be handled under Section 6.9 below.

If the ACC fails to issue a final release, and also fails to issue a notice of noncompliance to the Owner, within 30 days of the ACC’s receipt of the Owner’s or builder’s written notice of completion, the completed improvements shall be deemed to be in compliance with plans as approved by the ACC and in compliance with these Design Guidelines.

5. CONSTRUCTION REGULATIONS

5.1 PURPOSE

In order to ensure that the natural landscape and all neighboring properties are respected, and the nuisances inherent to any construction process are kept to a minimum, the following regulations shall apply during the construction period of all improvements at the BRVRLA. Any violation of these regulations by an Owner’s agent, representative, builder, contractor or subcontractor shall be deemed an infraction by the Owner. (See Section 6.9 ENFORCEMENT).

The continued or habitual violation of these Design Guidelines by a general contractor, subcontractor, or materials supplier will result in the withdrawal of approval by the ACC for the owner to perform work at the BRVRLA.

5.2 HEALTH AND SAFETY COMPLIANCE

All applicable statutes, ordinances, or rules pertaining to safety and health, hazardous material, toxic substances or wastes, including all relevant Occupational Safety and Health Act (OSHA) regulations and guidelines must be observed at all times.

5.3 CONSTRUCTION TRAILERS

Upon commencement of construction, a reasonably sized construction trailer may be located on the building site, clear of all setbacks.

5.4 TRASH RECEPTACLES AND DEBRIS REMOVAL

Owners and builders shall clean up all trash and debris at the end of each day. An adequate trash receptacle must remain on the site at all times for the disposal of all waste materials. The receptacle must be positioned on the site alongside the access drive, clear of side and rear setbacks, adjacent road right(s)-of-way and neighboring properties. Trash receptacles must be emptied on a timely basis to avoid overflow of refuse; disposal shall be at a suitable off-site facility. Owners and builders are prohibited from dumping, burying, or burning trash anywhere on the Lot or in the BRVRLA.

All concrete washouts, from both trucks and mixers, must occur on the Lot, clear of all setbacks, in a location where it will ultimately be concealed by structure or covered by backfill. Washout in road rights-of-way, setbacks, common areas, or adjacent properties is strictly prohibited. Dirt, mud, or debris resulting from activity on each construction site shall be promptly removed from public or private roads, open spaces and driveways or other portions of the BRVRLA.

If such clean-up is not done on a timely basis by the Owner or his/her representative (e.g. contractor) the Association will, after forewarning the Owner, perform the clean-up at the Owner’s expense.

5.5 SANITARY FACILITIES

Each Owner or builder shall be responsible for providing adequate sanitary facilities for his construction workers. Portable toilets must be located within the Lot, clear of setbacks and shall be removed promptly upon completion of the improvement.

5.6 VEHICLES AND PARKING AREAS

Construction crews will not park on, or otherwise use, undisturbed portions of lots or open space. During construction periods involving multiple trades such that all construction vehicles cannot be confined to the site proper, the overflow vehicles may be temporarily parked along the shoulder of the roadway provided they are not parked opposite a driveway on the other side of the roadway. During these limited occurrences, vehicles must be off the roadway to allow continual unconstrained access by normal traffic and emergency vehicles, including fire trucks. Vehicles may not be parked on neighboring lots, in nearby driveways or on open space. Changing oil or other vehicle maintenance is prohibited.

5.7 EXCAVATION MATERIALS

All excess excavation materials must be removed from the site and may not be deposited on common land or other Lots in the BRVRLA without prior written approval by the ACC.

5.8 DUST AND NOISE CONTROL

The contractor shall be responsible for controlling dust and noise from the construction site, including the removal of dirt and mud from public or private roads that is the result of construction activity on the site.

5.9 MATERIAL DELIVERIES

All building materials, equipment and machinery required on any Lot must be delivered to and remain on each Lot, clear of all setbacks. This includes all building materials, earth-moving equipment, trailers, generators, mixers, cranes and any other equipment or machinery that will remain at the site overnight. Some limited encroachment may be considered where unique terrain, vegetation constraints or limited lot widths may warrant. Material delivery vehicles may not drive across adjacent Lots or tracts to access a construction site unless approved by a neighbor.

5.10 FIRES AND FLAMMABLE MATERIALS

All regulations of the Fire Protection District must be followed.

5.11 PETS

No pets, particularly dogs, may be brought onto the property by a member of any construction crew unless inside a vehicle or on a restraint not to exceed 8 feet in length.

5.12 PRESERVATION OF PROPERTY

The use of or transit over any other Lot, Common Areas or amenity is prohibited. Similarly, the use of or transit over the natural area or setbacks of any Lot is prohibited. Construction personnel shall refrain from parking, eating, depositing of rubbish or scrap materials (including concrete washout) on any neighboring Lot, tract, or right-of-way.

5.13 RESTORATION OF PROPERTY

Upon completion of construction, each Owner and builder shall clean his construction site and repair all property which has been damaged, including but not limited to, restoring grades, planting shrubs and trees as approved or required by the ACC, and repair of streets, driveways, pathways, drains, culverts, ditches, signs and lighting. In addition, the Owner and general contractor shall be held financially responsible for the cost of site restoration/revegetation and refuse removal necessitated on any and all adjacent properties as a result of trespass or negligence by their employees or sub-contracted agents. (See related Section 2.1 LANDSCAPING).

5.14 CONSTRUCTION SIGNAGE

Individual signs or construction signs identifying individual subcontractors, tradesmen or suppliers are prohibited. Identification of licensed tradesmen, when required by State or County statutes, shall be confined to the posting location of the Building Permit.

5.15 DAILY OPERATION

Construction activity, which generates excessive noise such as hammering, sawing, excavation work, concrete delivery, etc., must be confined to the hours of 7:00 a.m. to 7:00 p.m.

5.16 SITE SAFETY

In order to protect both the Association and homeowner due to the inherent danger associated with an active construction site, visitors to any site should be limited to those persons with official business relating to the construction activity, such as construction workers and tradesmen, building officials, security staff, design review observers, sales personnel and the Owner. Construction personnel should not invite or bring children, to the job site.

5.17 CONSTRUCTION INSURANCE REQUIREMENTS

All contractors and sub-contractors must provide evidence of insurance to the Owner, prior to entering the construction premise. The Owner shall indemnify the Association against any claims for which contractor or subcontractor's insurance should cover but for any reason, including insufficiency does not.

6. REVIEW BOARD ORGANIZATION

6.1 MEMBERS

As approved in Article VI of the Supplemental & Amended Declaration of Covenants, the ACC shall consist of three members serving a two year term. Two of the members shall be members of the Board of Trustees of the Association. The third member shall be an Owner elected from the members at large at the Association’s annual meeting. The ACC will report its activities at the regular Board of Trustees' meetings, which are open to all members, unless specified otherwise.

6.2 DUTIES

It shall be the duty of the ACC to perform those duties specified in the Declaration and these Design Guidelines, to consider and act upon such proposals or plans related to the construction of improvements within the BRVRLA, as are submitted pursuant to the Declaration and these Design Guidelines, to enforce the architectural provisions of the Declaration and these Design Guidelines. In the event that one or more members of the ACC are owners of a Lot adjacent to or across the street from the Lot on which the proposed improvements are to be made, such ACC members shall excuse themselves from any decisions involving such improvements. The remaining members of the ACC shall carry out such duties, provided that there are at least two such members. In the event that 2 or more members of the ACC are disqualified, the review process shall be carried out by the Board of Trustees.

6.3 ADDRESS OF REVIEW BOARD

The address of the ACC shall be the address established for giving notice to the Association, unless otherwise specified by the ACC. Such address shall be the place for the submittal of plans and specifications and the place where the current Design Guidelines shall be kept.

The present address for both the BRVRLA and Architectural Control Committee is:

P.O. Box 31, Silverthorne, CO 80498

6.4 MEETINGS

The ACC shall convene as necessary to properly perform its duties. The vote of a majority of the members shall constitute an act by the ACC. The ACC shall keep on file all submittals and copies of all written responses to Owners to serve as record of all actions taken.

6.5 COMPENSATION

Unless authorized by the Association, the members of the ACC shall not receive any compensation for services rendered. If the ACC determines that a professional design consultant is required, the ACC will consult with the Owner regarding the best manner in which to obtain those services which shall be paid for by the Owner. The Owner shall have the option of selecting such consultant subject to concurrence by the ACC. All members shall be entitled to reimbursement for reasonable expenses incurred by them in connection with their performance of their duties which expenses, up to fifty ($50) in aggregate for a single project, shall be the responsibility of the Owner. The Owner will be consulted prior to the ACC incurring any such expenses in excess of fifty ($50).

6.6 AMENDMENT OF DESIGN GUIDELINES

The Board of Trustees may, from time to time, amend or revise any portion or the entirety of these Design Guidelines to the extent required to meet legal requirements. All other amendments and revisions shall be brought to the owners for approval. A complete copy of the Design Guidelines shall be mailed to all owners if a substantial change is made, minor changes will be posted on the BRVRLA website. Each Owner is responsible for adhering to the most recently revised Design Guidelines.

6.7 LIMITATION OF LIABILITY

It is strongly recommended that an Owner retain competent professional services for planning and design. Plans and specifications are reviewed and approved by the ACC as to style, exterior design, appearance and location, and are not reviewed and approved for engineering design or for compliance with zoning and building ordinances. By approving such plans and specifications, neither the ACC, the members nor agents thereof, the Association, nor the Board of Trustees of the Association assumes any liability or responsibility therefore, for any defect in any structure constructed from such plans and specifications. Neither the ACC, any member or agent thereof, the Association, nor the Board of Trustees of the Association shall be liable to any Owner or other person for any damage, loss or prejudice suffered or claimed on account of:

1. The approval or disapproval of any plans, drawings and specifications, whether or not defective;

2. The construction or performance of any work, whether or not pursuant to approved plans, drawings and specifications;

3. The development, or manner of development, of any property within the BRVRLA or,

4. The execution and filing of a compliance or non-compliance certificate pursuant to these Design Guidelines, whether or not the facts therein are correct.

Every Owner or other person, by submission of plans and specifications to the ACC for approval, agrees that he/she will not bring any action or suit against the ACC, any of its members or agents, the Association, or the Board of Trustees of the Association, regarding any action taken by or on behalf of the ACC, or of the construction of any improvement at the BRVRLA.

6.8 APPEAL PROCESS

Any decision by the ACC with which the Owner disagrees may be appealed to the Board of Trustees. The appeal shall be in writing setting forth in detail the specific actions of the ACC with which the Owner disagrees. The Board of Trustees will respond to such appeal within 14 days.

6.9 ENFORCEMENT

The ACC may, at a reasonable or agreed upon time, inspect a Lot or improvement and, upon discovering a violation of these Design Guidelines, provide a written notice of noncompliance to the Owner causing the noncompliance, including a reasonable time limit within which to correct the violation. If an Owner fails to comply within this time period, the Board of Trustees may pursue legal remedies including, if necessary, legal recourse to stop construction. The Owner shall be responsible for all legal fees and expenses incurred by the Association. The Board of Trustees may also, at its sole discretion impose a fine, in an amount consistent with the Association’s By-Laws and commensurate with the severity of the violation for violations not considered to warrant legal recourse by the Board of Trustees.

The ACC and the Board of Trustees will make every effort to work with members to understand the reasons for non-compliance with any of the Guidelines and try to work out solutions to the best interest of all parties. Action such as fines and legal steps are not likely except in the most extreme circumstances after all other efforts seeking resolution have been exhausted.

6.10 SEVERABILITY

If any provision of these Design Guidelines is held invalid, the validity of the remainder of these Design Guidelines, and of the application of any such provision in any other circumstances, shall not be affected thereby, and the remainder of these Design Guidelines shall be construed as if such invalid part were never included therein.

6.11 OBLIGATION OF OWNERS TO MAINTAIN LOTS

The adoption of these Design Guidelines, including the standards and procedures for architectural approval, shall not be construed as changing any rights, obligations, or restrictions upon Owners to maintain or repair their Lots as may otherwise be specified in the Declaration or the rules and regulations of the Association.

6.12 RELIANCE BY SUBSEQUENT OWNERS

In the event that an Owner fails to comply with these Guidelines and subsequently sells his/her Lot without correcting such non-compliance, then the following paragraph, which sets forth the rights and obligations between the subsequent purchaser and the BRVRLA, will apply.

As to purchasers and encumbrances of a Lot in good faith and for value, unless notice of non-completion or nonconformance identifying the violating Lot and specifying the reason for the notice, executed by the ACC, shall be recorded with the Summit County Clerk and given to the Owner of such Lot within one year after the expiration of the 24 month time limitation for completion imposed under Design Guidelines Section 4.4, or, if later, within one year following completion of the improvement, or unless legal proceedings shall have been instituted to enforce compliance or completion within such 24 month period, the completed improvement shall be deemed to be in compliance with plans and specifications approved by the ACC and in compliance with the architectural standards of these Design Guidelines and the Declaration.

7. PROMULGATION AND BINDING EFFECT

These Design Guidelines are promulgated by the ACC in accordance with, and pursuant to the authority granted in, Article 6, Supplemental & Amended Declaration of Covenants for the BRVRLA dated June 12, 1996, and recorded in the public records of Summit County, Colorado. These Design Guidelines shall be deemed incorporated into the Declaration for all intents and purposes and shall be binding upon all Lots within BRVRLA and upon all Owners or other persons having any interest in or to a Lot within the BRVRLA subject to the Declaration and any Supplemental Declaration involving the lots at the BRVRLA. In the event of any conflict or inconsistency between the provisions of these Design Guidelines and the provisions of the Declaration pertaining to architectural control, standards or procedures, or to the ACC, the provisions of these Design Guidelines shall be controlling.

These Guidelines apply only to future property improvements. Existing structures and landscaping are grandfathered; provided, however, that the limitation on deep watering trees and other plantings shall apply to all Lots and further that in the event that water supplies from the well become overused, the Board reserves the right to apply the 2500 sq ft limitation on lawn irrigation to all Lots.