Search and Display 1997 to Current Restated GLA Covenants

GLA 1997 Covenants Manager

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Disclaimer: This database is provided for informational purposes only. Although care has been taken to compile the information, Brockett Designs does not guarantee its accuracy, completeness, or timeliness. Summaries may contain errors or omissions and should be verified against the original GLA 1997 Restated Covenants. This database is not an official GLA record and does not provide legal advice. To the extent permitted by law, Tim Brockett and Brockett Designs disclaim liability for losses arising from use of or reliance on this database.

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Section Title Summary Page # PDF Page # Action
1.01 Property Subject to and Burdened by Declaration The preamble is the introduction to the Covenants. Scroll up in the PDF to view the various assignments and Table of Contents. Covenant 1.01 identifies the Glastonbury North and South property that is subject to the Covenants, including later divisions or alterations of listed property. 3 6
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1.02 Property Benefited by Declaration Identifies the Glastonbury North and South property that receives the benefit of the Covenants, including later divisions or alterations of listed property. 3 6
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1.03 Additional Property Allows the Association to add nearby property to some or all Covenants by a recorded written instrument or agreement with the property owner. 3 6
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1.04 Property Withdrawn from Declaration Allows the Association to withdraw property from the Covenants by a recorded instrument or owner agreement, while preserving existing easements unless expressly ended. 3 6
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10.01 Association's Authority Makes the Association the Community's administrative authority for matters authorized or required by the Covenants or Master Plan, subject to its governing documents. 21 24
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10.02 Enforcement of Covenants Establishes enforcement rights and procedures, including notice, opportunity to comply, court proceedings, possible arbitration, costs and attorney fees. 21 24
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10.03 Assignment of Association's Rights, Powers and Responsibilities Allows the Association to transfer its Covenant and Master Plan rights, powers and responsibilities to a successor organization. 22 25
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10.04 Association Membership Makes Landowners automatic Association members and requires notice and registration information when qualifying property changes ownership. 22 25
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11.01 Assessments Requires Landowners to pay Association assessments and makes assessments a continuing charge and lien on the assessed property interest. 22 25
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11.02 Purpose of Assessments Lists permitted uses of assessment revenue, including roads, snowplowing, common property, equipment, administration, enforcement and other Community purposes. 22 25
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11.03 Annual Community Assessment Establishes the annual assessment structure, payment schedule and rules for changing assessment amounts. 23 26
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11.04 Special Assessments Allows special assessments for emergencies, extraordinary improvements or repairs with the required vote of affected Membership Interests. 23 26
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11.05 Accounting, Allocation and Use of Funds Requires responsible accounting for assessment funds, makes roads and snowplowing the first priority for annual funds, and permits reserves and special-purpose funds. 24 27
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11.06 Effect of Nonpayment of Assessment Establishes delinquency, lien, penalty, interest, collection and foreclosure consequences for unpaid assessments. 24 27
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12.01 Variances, Waivers Allows the Association to grant variances or waive provisions when it finds this necessary and not injurious to the rest of the Community. 25 28
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12.02 Districts Addresses local improvement or service districts and requires Association written consent for establishment of such districts. 25 28
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12.03 Severability Provides that invalidation of one Covenant does not invalidate the remaining provisions. 25 28
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12.04 Liability of Association Limits Association liability to obligations expressly assumed under the Declaration. 25 28
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12.05 Titles Not Controlling States that headings do not control the meaning of provisions and that gendered references are inclusive where appropriate. 25 28
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2.01 Covenants Running with the Land States that the provisions of the Declaration are covenants running with the land. 4 7
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2.02 Additional Force and Effect Directs that each provision also receive the legal effect appropriate to its language, context and intent under state law. 4 7
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2.03 Binding Effect Makes the Covenants binding and enforceable and permits Association inspection of parcels, excluding dwelling interiors, with Board authorization and reasonable notice. 4 7
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2.04 Duration of Covenants Provides for the Covenants to continue for twenty years and then renew in ten-year periods unless modified or terminated by the required membership vote. 4 7
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2.05 Amendments to Covenants Sets the voting procedure for altering, amending, modifying, waiving, abandoning or terminating the Covenants. 4 7
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2.06 Adoption of Land Use Master Plan Establishes how the Master Plan may be adopted or changed and gives an adopted Master Plan the force and effect of the Covenants for land-use regulation. 5 8
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2.07 Rule Making Authorizes the Association to adopt reasonable rules consistent with the Covenants or Master Plan and addresses continuation of existing rules and rulings. 5 8
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2.08 Recordation Requires documents specified as recorded or of record to be recorded or found in the Park County Clerk and Recorder's office. 5 8
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2.09 Effective Date Makes the Restated Declaration effective upon execution and recordation. 5 8
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3.01 Association Defines the Association as Glastonbury Landowners Association, Inc., its successors and assigns. 6 9
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3.02 Apartment Defines an apartment as a building containing two or more rental or lease dwelling units, excluding condominiums. 6 9
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3.03 Certificates of Survey of the Community Defines the Certificates of Survey and plats that describe Community property, including later additions, divisions and alterations. 6 9
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3.04 Common Use Land Defines Association-owned land subject to recreational easements for Landowners and retained for Association use under the Master Plan. 6 9
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3.05 Community Defines Community as the Community of Glastonbury. 6 9
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3.06 Community of Glastonbury Defines the Community as the real estate in Exhibits A and B plus later additions. 6 9
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3.07 Condominium Defines condominium ownership within a multiple-unit project, excluding apartments. 6 9
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3.08 Cottage Industry Defines cottage industry as an industry primarily using family or communal labor working at home. 6 9
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3.09 Covenants Defines what is included when the document refers to the Covenants. 6 9
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3.10 Declaration Defines Declaration as the Restated Declaration of Covenants and later amendments. 6 9
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3.11 Development Defines Development as the Community of Glastonbury. 6 9
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3.12 Dwelling Unit Defines a dwelling unit as a structure or part of a structure designed for one family, normally with living, bathroom and cooking facilities. 6 9
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3.13 Glastonbury Defines Glastonbury as the Community of Glastonbury. 7 10
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3.14 Glastonbury North Defines Glastonbury North as the Exhibit A property plus later additions. 7 10
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3.15 Glastonbury South Defines Glastonbury South as the Exhibit B property plus later additions. 7 10
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3.16 Landowner Defines who qualifies as a Landowner for ownership, voting and membership purposes. 7 10
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3.17 Master Plan Defines the Glastonbury Land Use Master Plan as the plan intended to direct future Community growth and development. 7 10
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3.18 Member of the Association Defines a member as a Landowner registered with the Association. 7 10
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3.19 Member of the Association in Good Standing Defines good standing by current assessments and compliance with the Covenants, and links good standing to voting qualification. 7 10
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3.20 Membership Interest Defines the property interests that carry Association membership rights, duties and one vote. 7 10
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3.21 Minerals Defines minerals broadly, including oil, gas, coal, geothermal resources, gravel, sand, rock and other deposits. 8 11
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3.22 Parcel Defines a parcel for purposes of the Covenants and excludes unplatted Golden Age Village lots from that term. 8 11
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3.23 Platted Road Easements Defines the survey easements generally labeled private access and public utility easements. 8 11
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3.24 Structure Defines structures to include buildings, dwellings, towers, sheds, basements and roofed enclosures, including additions. 8 11
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4.01 In General States the general policy of encouraging and promoting agricultural land use except where limited by the Covenants. 8 11
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4.02 Landowners' Animals Requires Landowners to restrain animals, prevent nuisance or threats, avoid unauthorized grazing, and maintain fences, gates and cattleguards. 8 11
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4.03 Swine Prohibits keeping swine on parcels in the Community. 8 11
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4.04 Feed Lots Prohibits commercial feed lots, fertilizer plants and similar operations because of associated impacts. 8 11
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4.05 Weed and Vermin Control Requires reasonable efforts to control and prevent the spread of noxious weeds and vermin. 8 11
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5.01 Laws, Ordinances and Regulations Requires compliance with applicable state and local laws and regulations while preserving the right to challenge their legality in good faith. 9 12
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5.02 Fire Rules Sets parcel fire-safety requirements concerning outdoor fires, spark screens, chimney cleaning, hazards, liability and permits. 9 12
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5.03 Sewage Disposal Requires approved sanitary sewage disposal and limits outhouses to those allowed by county and state regulations. 9 12
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5.04 Refuse Disposal Requires sanitary storage, disposal or removal of refuse and prohibits odor-producing or unsightly accumulation. 9 12
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5.05 Nuisances and Eyesores Authorizes the Association to address nuisances and eyesores and specifically restricts visible junk and activities that interfere with neighbors' quiet enjoyment. 9 12
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5.06 Industry and Mining Restricts industrial, mining and similar activities that create pollution or environmental degradation, subject to stated exceptions or Association approval. 10 13
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5.07 Commercial Activity Sets conditions and restrictions for commercial activity in the predominantly rural/residential Community. 10 13
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5.08 Cottage Industry and Light Manufacturing Allows qualifying home businesses, professions, warehousing and light manufacturing when they do not create substantial nuisance or violate other Covenants. 11 14
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5.09 Institutional Activity Addresses schools, churches, hospitals and similar institutional uses and preserves lawful private religious, educational and charitable activities. 11 14
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5.10 Live Timber Restricts commercial cutting of natural live timber and establishes limited exceptions for parcel use, construction and planted trees. 11 14
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5.11 Surface Water Use Requires Association approval for new appropriation or use of surface water, subject to state law and prior rights. 11 14
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5.12 Subsurface Water Use Addresses wells, springs, water scarcity, dry parcels, shared or neighboring wells, easements and well-reporting requirements. 12 15
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5.13 Mineral Rights and Development Describes reserved mineral rights, restricts surface entry without Landowner consent, and permits limited noncommercial mineral use near the surface. 13 16
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6.01 Association's Approval Requires Association review and approval of site and building plans before specified construction, mobile-home placement or other reviewable projects. 13 16
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6.02 Setback Requirements Sets general structure setbacks of 25 feet from parcel boundaries and 15 feet from easements unless the Association approves otherwise. 13 16
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6.03 Utilities Requires specified utility lines and pipelines to be underground at stated depths, subject to exceptions and applicable codes. 13 16
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6.04 Signs and Billboards Requires exterior signs to comply with Association guidelines or receive specific Association approval before installation. 14 17
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6.05 Mobile Homes Sets appearance, screening and Master Plan requirements for mobile homes and trailers. 14 17
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6.06 Fallout Shelters Recommends, but does not require, fallout shelters near dwellings or habitations. 14 17
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6.07 Maintenance Requires Landowners to maintain structures and improvements so they do not become dangerous, unsightly, unsanitary or fire hazards. 14 17
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7.01 Common Use Land, Easement, Covenants Creates recreational easement rights over designated common-use parcels and establishes rules governing their use and Association control. 14 17
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7.02 Recreational Access Along Streams Creates limited recreational access easements along specified portions of Fridley, Dry and Golmeyer Creeks and sets conditions for their use. 15 18
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7.03 Recreational Use of Platted Road Easements Allows Landowners, families and guests to use portions of platted road easements outside roadway surfaces and ditches for recreational foot and horseback travel. 16 19
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7.04 Unfenced and Unposted Land Allows limited crossing of unfenced and unposted parcels to reach common-use or national forest land and establishes restrictions and liability. 16 19
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8.01 Platted Road Easements Defines the private road easement system and addresses access, permitted uses, road construction and maintenance, road classifications, signs, traffic rules, security and delegation of maintenance. 17 20
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8.02 Additional Easements Addresses other easements and rights of way affecting Community property. 19 22
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8.03 Effect of Easements Explains the continuing effect and use of easements addressed by the Covenants. 19 22
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8.04 Parking Addresses parking within road easements and related Community areas. 19 22
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9.01 Subdivisions Allowed, Association's Review Allows parcel subdivision subject to Association review and the requirements of the Covenants, Master Plan and applicable law. 19 22
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9.02 Subdivision Defined Defines subdivision for purposes of the Covenant review process. 19 22
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9.03 Intent of Review Explains the purposes of Association review of proposed subdivisions. 19 22
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9.04 Mobile Home Parks and RV Parks Addresses subdivision or development involving mobile-home and recreational-vehicle parks. 19 22
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9.05 Condominium and Multi-Dwelling Projects Addresses condominium and multiple-dwelling projects within the subdivision framework. 19 22
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9.06 Review Process Sets the Association review process for subdivision proposals. 20 23
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9.07 Standards Establishes standards applied to subdivision review. 20 23
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9.08 Maintenance of New Roads Addresses responsibility for maintenance of roads created in connection with new subdivisions. 20 23
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9.09 Status of New Parcels Explains how newly created parcels are treated under the Covenants and Association framework. 21 24
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