ACC Rules

HIGHLAND LAKES
PROPERTY OWNERS ASSOCIATION, INC.
P.O. BOX 123, DIVIDE, COLORADO 80814

ARCHITECTURAL COMMITTEE CONSTRUCTION
REQUIREMENTS and ACC RULES

In order to keep Highland Lakes a first-class mountain community and to maintain and improve property values, the Architectural Control Committee (ACC) has set forth the following requirements to supplement the existing Covenants. The Covenants of all six filings provide for far-reaching control and oversight of all building and land use within Highland Lakes by the ACC regardless of membership in the Highland Lakes Property Owners Association (HLPOA).

Prior to building on any lot in Highland Lakes, contact the ACC after reading “Steps to Follow for Every Construction Project in Highland Lakes” found at the end of this document.

LAND USE:

Unless otherwise indicated, all property in Highland Lakes is designated as R1 – Residential – General and must conform to the Land Use Regulations set forth by the Teller County Government. Per the Covenants, “No lot is to be used for any purpose other than residential unless such non-residential use is approved by the Architectural Control Committee”. Residential is taken to mean a home that is used for full time permanent residence by the property owner(s), a second home that is used by the property owner and their guests less than full time, or a home that is rented or leased on a monthly or greater basis for use as the tenant’s primary residence.

Non-residential uses restricted/prohibited by this provision include renting a home, cabin, or other building on a daily, weekly or monthly basis as a public or private vacation villa, lodge, cabin, home, retreat, guest house, or any other similar use.

Home Business – No Impact and Home Occupation – Any business or non-residential use of the home must first be approved by the ACC. Refer to the 2008 Teller County Land Use Regulations – Chapter 8: Special Review Use Permits, Section 8.3.O and Chapter 12: General Definitions – Home Business – No Impact as a general guide for the types of businesses that may or may not be allowed in Highland Lakes and Teller County for R1 Residential.

In addition to the stipulations found in the Land Use document, no home business will be approved that requires the excessive use of water provided by the Highland Lakes Water District. Excessive is defined as an amount above the monthly average for a home of that size and number of occupants.

NEW CONSTRUCTION:

(Including a building addition, garage, storage building, shed, corral or fence.) Drawings and permits (if required by Teller County) must be submitted to the ACC for approval prior to building or installation. Follow the same steps as described at the end of this document.

SETBACKS:

Highland Lakes has a 25 foot setback requirement for all structures from the property lines on the front and sides. The Highland Lakes setback takes precedence over the Teller County setback which is 15 feet. Teller County has a 30 foot setback from the back property line which takes precedence over Highland Lakes. In some special cases a variance may be requested from the ACC and/or Teller County. Final approval rests with the ACC and possibly the HLPOA Board of Directors.

TEMPORARY STRUCTURES:

Temporary structures of any type are not permitted in Highland Lakes. This especially includes soft-sided sheds that are set up to house vehicles, etc. A temporary variance for such structure may be granted provided a permanent building with concrete flooring and foundation is in the planning, and construction will begin within 30 days. Greenhouses are permitted provided they do not exceed 300 square feet and are appropriate for their location on the property. If in doubt submit your plans to the ACC.

SEPTIC SYSTEMS:

The Highland Lakes Water District has established water and septic standards above that required by Teller County. Contact The Highland Lakes Water District (ph: 687-7937) for additional information.

TYPE AND SIZE OF HOME CONSTRUCTION:

No house trailer, double-wide or modular home or other prefabricated structure shall be built on or affixed to a lot within Highland Lakes. All structures must meet Teller County building specifications. No home or cabin of less than 1,000 square feet of living space shall be constructed.

EXTERIOR MATERIALS: (4/7/2010)

The exterior siding material may be solid log, log or cedar siding, or a wood composite material with the appearance of wood. A variance may be granted for other materials such as stucco, steel with wood appearance, or other products on a case by case basis. Brick, rock and other masonry materials may be used on a portion of the exterior but is not permitted for the majority of the exterior. Aluminum, vinyl and wood shingles are not permitted. A garage, shed, storage building, or additions must match or compliment the main house in both materials and colors. In general all materials and appearance must be consistent with the western mountain setting in which we live.

EXTERIOR FINISHES: (4/7/2010)

All exterior colors must be approved by the ACC. This applies to new construction as well as existing structures. Because there are so many color choices the following is a general guideline to follow:

It is recommended that earth tones or natural colors be used. This is defined as those colors found in the landscape around us. These would include greens like the evergreen trees, bushes and grasses; browns like the bark and the earth; and tans and grays found in the rocks and animals. Contrasting trim colors should be in the same categories. The intent is that the color of houses should blend in with nature, not stand out from nature. While reds, blues and yellows are “technically found in nature” in their pure state they are rather bold and obviously stand out from the land. Careful consideration of any shades of these colors will be given by the ACC before being approved as an exterior finish color. All additions and other out buildings must match or compliment the main house.

It is the intent of the ACC to make these recommendations to help give a pleasing, unified appearance to our community, not to dictate uniformity. We are privileged to live in such a beautiful area and these recommendations are presented in that vein.

ROOF PITCH, MATERIALS AND COLORS: (4/7/2010)

The roof pitch of the main portion of the house must be a minimum 6/12. A detached garage, shed or storage building or certain parts of the main roof may be less than 6/12 with the approval of the ACC.

The final course of roof material may include asphalt shingles, steel/asphalt composite shingles, or metal. Materials of the highest fire rating are encouraged. Wood shingles are prohibited.

Colors should be consistent with the general guidelines for exterior finishes and must be approved by the ACC.

CHIMNEYS:

Chimneys or flues must be enclosed with a material that matches or compliments the house such as brick, stone, stucco or wood. Exceptions being: Caps or flue extensions.

OUTDOOR LIGHTS:

No quartz, sodium or mercury vapor outdoor lights of more than 75 watts are permitted. Lights must be properly shaded to avoid bothering other residents. Timers and/or motion sensors are recommended.

FENCES:

All fences require ACC approval. In addition, fences 6 feet or higher require a Teller County building permit. Fence material must be non-injurious to wild animals and low enough (8 feet recommended) to permit migration of deer and elk. Electric or barbed wire fencing is prohibited. It is recommended that each residence have sufficient fencing to enclose and contain all animals that are allowed to run free in the yard. Fence systems marketed as “invisible” are permitted. Fences may sit on the property line, provided a copy of a survey by a reputable and licensed surveyor has been given to the ACC. A separate document on fence construction is available upon request.

SATELLITE AND OTHER COMMUNICATION ANTENNAS:

Dish antennas should be placed in a location as inconspicuous as possible. ACC approval is required for any other type of communication antenna.

SURVEY:

Property stakes and pins may not always be in the proper location. To avoid any confusion or misunderstanding, a certified survey by a professional land surveyor, licensed in the State of Colorado, may be required by the ACC prior to building. The survey should include the location of all buildings, driveway, septic system and water tap. In some cases an Improvement Location Certificate (ILC) may be accepted.

TREE CUTTING AND REMOVAL:

Clear cutting of all live trees on the property is prohibited. We suggest consulting with the Colorado State Forest Service (CSFS) (687-2951) before proceeding with any major cutting projects. It is the responsibility of the property owner to remove trees infested by, or dead or dying as a result of activity of pine or spruce beetles. Currently, we have a very small infestation of beetles, but these insects can rapidly destroy our trees and must be controlled immediately when detected. Call the CSFS if you notice signs of beetle infestation or trees dying. Trees dying along the roadways, due to Teller County application of magnesium chloride as a dust suppressant, are to be removed by Teller County. We encourage all property owners to be fire wise and create a defensible space around their home and property. Contact the CSFS for more information.

PARKING:

No site plan will be approved by the ACC without provisions for off road parking for at least three (3) cars (250 sq. ft. minimum). Permanent parking of any vehicle on any road or cul-de-sac is prohibited.

The ACC wishes to advise those contemplating construction within the subdivision that different covenants apply to different filings and that those covenants will be strictly enforced. The above architectural control requirements are common to all filings. Approval by the ACC does not preclude the necessity for adherence to the covenants.

PENALTIES FOR NON-ADHERANCE TO THE ABOVE REQUIREMENTS:

We encourage all property owners to adhere by the rules of the Covenants and the Architectural Committee Construction Requirements as well as any other rules of the community. Failure to comply may result in legal action.

STEPS TO FOLLOW FOR EVERY CONSTRUCTION PROJECT IN HIGHLAND LAKES

1. Read the Architectural Committee Construction Requirements. Call the ACC if you have questions or need clarification.

2. Contact the ACC Chairman before any construction is started, to describe your project, i.e., type of house or addition, storage building, shed, corral, deck, fence, etc. Provide drawings or sketches if appropriate. Drawings must include a site plan showing the location of all buildings, driveways, septic system, water tap location and property lines. `

3. Be sure you understand setback requirements, roof pitch and other ACC requirements and specifications. Our setbacks are 25 feet on the front and both sides and 30 feet from the back property line.

4. Obtain preliminary approval from the ACC to continue with your project planning. This is usually a verbal approval but can be in writing if you prefer. We may make a site visit to better understand your project location and details.

5. Take your final drawings, including a site plan, to the Teller County Building Department. (If required)*

6. Obtain a Teller County Building Permit Number. They will also approve and stamp a final copy of your drawings.

7. Contact the Highland Lakes ACC Chairman. Provide the Teller County Building Permit Number and arrange for a meeting at the building site.

8. At the building site meeting, the ACC will provide you with a Highland Lakes Building Permit, a signed checklist, and will stamp your Teller County approved drawings. All permits and the approved drawings must remain at the building site until the project is completed.

9. The ACC will require a copy of your final drawings for their files.

* Some construction projects do not require a Teller County Building Permit. All projects require Highland Lakes approval and may require a Highland Lakes Building Permit.

Approved by the Highland Lakes Board of Directors and Architectural Control Committee on:

Date: September 1, 2010