Covenant Enforcement

The Foxton Village neighborhood is a covenant controlled community subject to the Amended and Restated Declaration of Covenants, Conditions and Restrictions (the Declaration). The Declaration document was filed in the Adams County Clerk and Recorder's Office on November 06, 2019. Each lot is subject to the covenants, conditions and restrictions provided in the Declaration. Section 2 (General Restrictions/Permitted Uses) and Section 6 (Architectural Approval) contain the specific restrictions applicable to each lot. Click here for Covenant Enforcement Survey Results!   Lot Modifications Requiring ARC Approval The Architectural Guidelines lists the modifications and improvements to lots that require the approval of the Architectural Review Committee. Architectural Review Committee (ARC) The ARC is comprised of homeowners who volunteer their time serving on the Committee. The ARC Chairperson is appointed by the District Board and other members of the ARC are appointed by the ARC. Although positions on the ARC are not elected positions, the District Board has oversight authority over the ARC. (The ARC reports to and receives its rule-making authority from the District Board.) The ARC's primary responsibilities include the following: Review and approve (or deny) written architectural requests submitted by homeowners; Maintain and update the Architectural Guidelines and Standards for the neighborhood; Monitor homeowner lots to ensure compliance with the Architectural Guidelines and Standards

The Foxton Village Committee is responsible for (1) monitoring the covenant enforcement process for the Foxton Village neighborhood, (2) recommending to the District Board changes to the Architectural Guidelines and District enforcement policies and (3) recommending to the District Board enforcement actions and penalties regarding non-compliant Lots. 

Section 2.1.10 of the Declaration states,“No Improvement constructed upon any land within the Property shall be permitted to fall into disrepair, and each such Improvement shall be kept at all times in good condition and repair....” The Foxton Village Committee must exercise a great deal of judgment to determine what constitutes a lot that is “kept in good condition and repair.” Lots that are not "kept in good condition and repair” are in violation of this lot maintenance requirement. To better define and communicate its expectations regarding “good condition and repair” conditions, the District has developed a Covenant Violation Guidebook that establishes standards for lot maintenance within the Foxton Village subdivision. The District Board encourages homeowners to review this guidebook so they can better understand the standards established by the District regarding lot maintenance.

The Covenant Violation Guidebook (a copy of which can be downloaded from the Foxton Village Document Library webpage) provides guidance on issues such as:

1. What constitutes excessive weeds in rockbeds and planters
2. What constitutes excessive oil stains in a driveway
3. What constitutes adequate care of the lawn
4. What constitutes adequate maintenance of flowerbeds and planters

Common Lot Maintenance Violations

The nine most commonly noted violations within the neighborhood are as follows:

1. Excessive weeds in the rockbeds and planters
2. Turf disrepair (i.e. bare dirt areas or significant thinning of the grass)
3. Low overhanging tree branches over the street and/or sidewalk (City ordinances require branches be trimmed up to 8 feet)
4. Excessive weeds in the lawn
5. Failure to move trash cans to the backyard or garage
6. Excessive oil stains in the driveway
7. Dead/dying trees
8. Inadequately maintained flower beds and planters
9. Excessive weeds in the driveway and/or sidewalk section separators

Homeowners who are mindful of regularly monitoring and correcting these types of violations on their lots are much less likely to receive violation notices from the District.

Rental Properties

Owners are responsible for maintaining their Lots in a manner that reasonably complies with the covenants and restrictions contained within the Declaration Document. The District Board holds Landlord Owners, who rent or lease their homes, responsible for the reasonable maintenance of their lots—regardless of any contractual maintenance arrangements that may exist between Landlords and their renters or their property management companies.

Owner Responsibilities

The District expects Owners, who use the lots as their primary residence, to be responsible for the reasonable maintenance of their lots—regardless of the Owners’ business, vacation or other schedules that may cause the Owners to be away from their lots for extended periods of time. Also, Owners are responsible for being familiar with the covenants and restrictions contained within the Declaration Document and the Architectural Guidelines and the District's interpretations of the various covenants and restrictions as provided in the Board’s Covenant Violation Guidebook.

Enforcement Process

The District Board, through its management company, performs neighborhood inspections approximately two times per month. For all lot violations noted during neighborhood inspections, the District will send out letters notifying the owners of the nature of the violation and the date on which it was observed. In addition, homeowners are subject to fines when recurring violations of the same type are identified on their lots.

The notice and fine schedule for covenant enforcement is as follows:

Please note that State laws passed in 2022 require (1) at least one notice be sent via certified mail before the District can begin levying fines on properties for a particular outstanding violation and (2) homeowners be allowed 30 days to comply with any notice before a fine can be levied by the District. 

Fines are not assessed on a homeowner’s account until after the homeowner has an opportunity for a hearing (see below). If the homeowner does not request a hearing within ten (10) days of date of the written notice, the related fine may be assessed on the homeowner’s account.

LEGAL FEES

After a third notice regarding the same open property maintenance violation, the District may turn over a property any time to the District’s legal counsel to initiate legal action against the homeowner (including filing a covenant lien and obtaining a judgment in court). In addition to addressing any judgement that may be obtained by the District against a homeowner, the homeowner must reimburse the District for any legal fees the District incurs related to the enforcement of a violation (in addition to paying any violation fines assessed by the District).

Hearing

Homeowners who receive violation notices may request a hearing before the Foxton Village Committee or District Board to present evidence, testimony and present witnesses to support their case. Homeowners must submit their request for a hearing within 10 days of the date of the notice.

A request for a hearing can be submitted via email or via regular mail to the District Manager.

Changes to or Termination of the Foxton Village Declaration Document

Homeowners may conduct a vote in accordance with the Declaration Document to change or terminate the covenant-controlled community. In accordance with the Colorado Common Interest Ownership Act (Section 33.3 of the Colorado Revised Statutes) and Article 7 of the Declaration Document, approval from 67% (or 153) of the 228 lot owners within Foxton Village must be obtained to pass any proposed changes to or termination of the Declaration Document.

DISCLAIMER - ADDITIONAL INFORMATION

The information contained on this page is incomplete and only intended to be a summary of certain key provisions of the District's Covenant Enforcement Policies and Procedures and the District's Collection Policies and Procedures. Homeowners are responsible for carefully reviewing the District's policies and procedures (posted in the public document library on this website) to understand the District's and homeowners' respective responsibilities and rights regarding the enforcement of covenants, conditions, restrictions, rules applicable to the use and enjoyment of their properties.