Declaration of
Covenants, Conditions and Restrictions
Key Elements
Section 7.02 Manufactured Housing. No single-wide (less than 24' wide) manufactured housing shall be allowed on any parcel at any time. Manufactured modular housing is permitted with prior review and written approval of plans by the Association in accordance with Association guidelines, and with a roof pitch of not less than 5:12. All dwellings, manufactured or otherwise, must meet a minimum square footage requirement of 1008 square feet.
Section 9.02 Noxious, Offensive, Hazardous or Annoying Activities. No noxious or offensive activity shall be carried on upon any part of a parcel nor shall anything be done or placed on or in any part of a parcel which is or may become a nuisance or cause disturbance or annoyance to others. No activity shall be conducted and no improvements shall be made or constructed which are or might be unsafe or hazardous to any person or property. No sound shall be emitted which is unreasonably loud or annoying. No odor shall be emitted which is noxious or offensive to others.
Section 9.03 Unsightliness. No unsightliness or waste shall be permitted on or in any part of a parcel.
Section 9.04 Livestock and Poultry. If any animals, livestock or poultry of any kind are raised, bred or kept on any parcel, said parcel shall be fenced so that the same will not encroach on any other parcel. The Declarant or its Assigns reserve the right to graze cattle on parcels unless the owner(s) have installed fencing around such parcels. No commercial dairy operations, feed lots or hog operations shall be allowed on any parcel.
Section 9.07 Vehicles. No unlicensed, damaged or unsightly vehicles shall be kept, stored, parked or maintained upon a parcel, except in a garage or workshop.
Section 9.10 Access. No parcel owner shall build or cause to be built a fence eliminating access to the easements for utilities and roadways within the property.
Section 9.11 Sewage Disposal. Sewage disposal shall be effected by means of individual septic tanks and shall be installed at the expense of and by the parcel owner. All septic tanks and disposal fields shall be approved by the appropriate county health department and officials.
Section 9.14 Disrepair. No owner shall permit any portion of a parcel to fall into disrepair so as to create a dangerous, unsafe, unsightly or unattractive conditions.
Section 9.15 Commercial Operations. No owner shall allow or permit a parcel to be used, in whole or in part, for any kind of commercial or industrial operations. This prohibition shall not apply to home-based professional services, agricultural or ranching use in compliance with Section 9.04.
Contract Sellers and Contract Buyers
Articles of Incorporation
Article 4. The following shall be members of the Association: a. Every person or entity who is a record owner of a fee or undivided fee interest in any Parcel which is subject by covenants of record to assessment by the Association, including contract sellers, shall be members of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of any Parcel which is subject to assessment by the Association. A transfer of membership, including all rights of an Owner with respect to the Common Area, shall occur automatically upon the transfer of title to the Parcel to which the membership pertains. Ownership of a Parcel shall be sole qualification of membership. The annexation of additional properties shall automatically thereupon increase the membership of the Association accordingly.
Article 5. The Association shall have two classes of voting members: a. Class A members shall be all owners who shall be entitled to one vote for each Parcel owned. When more than one person holds an interest in any Parcel, all such person shall be members. The vote for such Parcel shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Parcel. b. Class B members shall be the Declarant who whall be entitled to three (3) votes for each Parcel owned or contemplated to be created and annexed hereto and to the Association pursuant to the Declaration. The Class B membership shall cease and be converted to Class A membership when the number of votes in ach class are equal.
Article 9. Amendments of the Articles shall require the assent to two-thirds (66 2/3) of the membership.
Declaration of Covenants, Conditions and Restrictions
Article 3. The Association. Section 3.09 Voting Rights of Owners. Subject to Subsection 6.03, the Owner or Owners of each Parcel shall be entitled to one (1) vote for each Parcel so owned. For example, if a Parcel is owned by husband and wife, the two persons must agree upon how the one (1) vote allocated to that particular Parcel will be cast. Even though both persons are members of the Association, there is but one (1) vote which may be cast for the Parcel.
Article 10. Amendment; Termination. Section 10.01 Material Amendments. Any provision of this Declaration may be amended or additional provisions may be added to this Declaration by the recording of a written instrument or instruments specifying the amendment or addition, executed by the Owners, as shown by the records in the office of the Clerk and Reorder of the Counties of Pueblo and Huerfano, State of Colorado, on the thirtieth (30th) day prior to such recording, of two thirds (66 2/3's%) or more of the Parcels.
Bylaws
Article II. Meeting of Members Section 2.1 Membership. Every person or entity who is a record owner of a fee or undivided fee interest in any Parcel which is now or hereafter subject to the Declaration, including contract purchasers, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of any Ranch.
Section 2.3 Voting Rights. Where the vote of the members is required or permitted by the statutes of Colorado, the Declaration, the Articles or these Bylaws, any one of Co-Owners of a membership present or represented by proxy shall be accepted automatically by the Association as the agent and attorney-in-fact for other Co-Owners not present or represented by proxy, for the purpose of casting the vote of that membership. Voting by proxy shall be permitted. Proxies must be executed in writing by the Owner or Co-Owner or his duly authorized attorney-in-fact and must be filed with the Secretary before the appointed time of each meeting. No proxy shall be valid after eleven (11) months from the date of its execution unless otherwise provided in the proxy. The Association may suspend the voting rights of a member for failure to comply with Rules and Regulations of the Association or for failure to comply with any other obligations of ownership of a Lot under the Declaration.
CCIOA
38-33.3-310. Voting - proxies. (1) (a) If only one of the multiple owners of a unit is present at a meeting of the association, such owner is entitled to cast all the votes allocated to that unit. If more than one of the multiple owners are present, the votes allocated to that unit may
be cast only in accordance with the agreement of a majority in interest of the owners, unless the declaration expressly provides otherwise. There is majority agreement if any one of the multiple owners casts the votes allocated to that unit without protest being made promptly to the person presiding over the meeting by any of the other owners of the unit.
(2)(b) If a unit is owned by more than one person, each owner of the unit may vote or register protest to the casting of votes by the other owners of the unit through a duly executed proxy. A unit owner may not revoke a proxy given pursuant to this section except by actual notice of revocation to the person presiding over a meeting of the association. A proxy is void if it is not dated or purports to be revocable without notice. A proxy terminates eleven months after its date, unless it provides otherwise.
Huerfano County Land Use Camping Permit
On May 18, 2021, the Huerfano County Board of County Commissioners amended the county land use code to allow limited camping on properties over 2 acres. This change does not supersede more restrictive subdivision covenants, rules, and regulations.
Per Section 1.16.02 of the Huerfano County Land Use Code, the use of tents, campers, and recreational vehicles as temporary residences (“camping”) (even on your own property) is allowed on parcels without a primary permitted use for up to seven (7) consecutive days, up to thirty (30) total days per year without a permit. Camping for over 7 consecutive days up to four (4) months per year is allowed on parcels over 2 acres in Rural Residential and Agricultural zones with a permit from the Huerfano County Land Use Department. Camping permits may be renewed up to once per year. Applicants must show adequate sanitary and water provisions in order to be eligible for a permit and submit plans for sanitation and water provisions.
(NOTE: On-site dumping and septic tanks without systems are not considered adequate sanitary provisions).
Under no circumstances is an RV or camper to be used as a permanent residence in
Ghost River Ranch. If you request a camping permit, you must show adequate sanitary and water provisions and submit plans to the GRR POA BoD for sanitation and water provisions.
A twelve (12) month camping permit, with approved building permit for a primary residence, may be requested. A valid building permit should be submitted to the GRR POA BoD for a primary residence and you must show continued progress of building a home. A survey, foundation plan and blue prints for a structure must be submitted to the county for a permit to be issued. The county requires an inspection every 6 months or the permit will be void.
Hunting on Ghost River Ranch
Hunting is allowed if all State, Federal and other applicable laws are met and permission is granted by the land owner. Private land is not required to be posted. Colorado State Trust Land is not open to the public for hunting or trespassing unless the user has a lease agreement with the State or the property is declared open by the State and it is listed in the State Guide. If an owner believes there may be illegal hunting activity, the owner is encouraged to contact the Division of Wildlife at 719-561-5300 or 719-248-9688.
Huerfano County Zoning Regulations,
Land Use Regulations
and Building Enforcement
Key Elements
See www.huerfano.us.com for a complete listing of all county land use and building department regulations.
Colorado Dept of Regulatory Agencies
Division of Real Estate
Colorado Common Interest Ownership Act (CCIOA)
Our POA must also follow the state guidelines of the CCIOA's declarations, covenants, and rules/regulations which dictate the actions of our POA.
See https://dre.colorado.gov/ccioa-and-other-state-local-and-federal-laws
for CCIOA, Other State, Local & Federal Laws
Colorado Nonprofit Corporation Act
As a Non-Profit organization, our POA must also comply with the
Non-Profit Corporation Act.
Directors & Officers Liability Insurance
Latitude Insurance
Insurance Carrier: Travelers
Latitude Insurance, 17 N Mesa Ave, Montrose, CO 81401
Policy #: 107867714
Policy Effective Date: 07/01/2023 - Expiration Date: 07/01/2024
Liability Each Claim Limit: $1,000,000/The Aggregate Limit $1,000,000/Liability Retention $5,000
The Board of Directors has been working with legal counsel, Aaron Goodlock, of Orten, Cavanagh & Holmes, LLC. The POA is compliant with Colorado Statutory requirements regarding HOAs and POAs. We strongly encourage you to take a few minutes and read through our governing documents.
In addition to these documents,
each owner shall be entitled to the exclusive ownership and possession of his Parcel in accordance with all applicable county ordinances and zoning requirements.
No Person shall do anything or keep anything on a Parcel which would be in violation of any statute, rule, ordinance, regulation, permit or other requirement of any governmental body.
Parcels shall not be used for any purposes contrary to or in violation of any pertinent zoning ordinance(s).
The provision of these governing documents shall be in addition and supplemental to all other applicable provisions of law.
Ghost River Ranch is one of only 9 communities in Huerfano County that is registered and licensed with the State of Colorado.
This status offers us the benefit of working closely with Huerfano County officials to enforce compliance of all county rules and regulations.
Ghost River Ranch
Property Owners' Association