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Harvest Lane & The Ridge at Harvest Lane Harvest Lane & The Ridge at Harvest Lane - a quiet and highly desirable Covenant-Controlled Subdivision in the 80005 zip code featuring custom & semi-custom homes built in the early to mid 1990's. The majority of semi-custom homes were built by Advocate Homes, while a small handful of custom builders handled a few parcels in each filing in Harvest Lane, Harvest Lane West, Harvest Lane North, The Ridge at Harvest Lane and The Ridge at Harvest Lane Filing 2. Our community is special because since the subdivision was established in circa 1991, residents (many of whom still reside here) felt their fellow neighbors would be able to "self-govern" by trusting themselves to be accountable for maintaining this beautiful community within the rules and regulations set forth in the Harvest Lane and Ridge at Harvest Lane Covenants, Conditions & Restrictions (CC&Rs) or community Covenants - a legally-binding Declaration that was recorded in Jefferson County that's tied to the title of the property and runs with the land. With a mindset of self-governance, there was no need to establish a formal HOA with board of directors and architectural control committees and more importantly, this would eliminate the need to assess or collect monthly dues for common-area beautification projects or build up financial reserves to hire a real estate attorney if and when residents decided not to comply with the CC&Rs. Unfortunately, the past dozen years have ushered in a wave of new residents who incorrectly assume that just because a formal Home Owner's Association (HOA) with board of directors and/or property management company isn't in place to collect monthly HOA dues, they are somehow exempt from playing by the rules. Please remember, ALL Harvest Lane and Ridge at Harvest Lane residents received a copy of the CC&Rs as part of their contract and closing documents from the title company when they purchased the property. Due to odd restrictions within the MLS, some properties may have been advertised as "No Covenants", but that does not mean there are no rules to abide by. Some residents claim they were never made aware of the CC&Rs before buying in this neighborhood; some blamed their real estate agents for not making them aware of the CC&Rs; some said the title company never gave them a copy of the CC&Rs while others said they heard about them, but also assumed their property was somehow exempt. Let me repeat for the folks in back of the room...Harvest Lane and Ridge at Harvest Lane Covenants, Conditions & Restrictions (CC&Rs) apply to ALL HOMEOWNERS and are enforceable regardless of whether you choose to acknowledge them or not. Even if you were not aware of them before purchasing in this community and are only now becoming aware of the CC&Rs, compliance is very simple. Take a few minutes to read the community restrictions and decide to be a good neighbor by continuing to self-govern and holding yourself accountable to the rules and regulations of our great community. When closing on a property, you as the future homeowner agree to accept the property with any and all restrictions. You are strongly encouraged to read the Title Commitment and related documents while under contract to purchase a property because discovering the existence after the fact can have undesirable legal consequences. This goes for any property purchase and is not specific to Harvest Lane or Ridge at Harvest Lane. If after reading the CC&Rs/Covenants (within the title review period of your contract), you determine that you don't agree to play by the rules, you have the ability to terminate the purchase contract and walk away and search for a new community where you can live with their rules and regulations. The Harvest Lane and Ridge at Harvest Lane CC&Rs / Covenants were initially valid for for 30-years and auto-renew for an additional 10-years unless and until a supermajority (67%) of the neighbors vote to have them terminated. There was an attempt in 2022 by a resident to obtain signatures in an attempt to have them terminated, but it failed miserably because there are still enough residents who believe it's better to continue self-governing and holding each other accountable. Community meetings have been held over the years to discuss a variety of neighborhood issues and even after residents were presented with written copies of the legally-binding CC&Rs that were recorded in Jefferson County, some have selfishly decided that in lieu of respecting the self-governing spirit of the community and applicability of the Covenants, it is easier to ignore them and test to see if anyone would enforce them since there isn't an HOA board of directors or property management company in place. Just because you drive down the street and notice other people blatantly violating the covenants does not mean you should ignore them too. While your current neighbor may not object to what you're doing or planning to do, the next owner who purchases the property may care a great deal because disregarding the CC&Rs ultimately hurts resale property values. The Harvest Lane and Ridge at Harvest Lane CC&Rs have an individual right of enforcement clause that allows any aggrieved resident to file a lawsuit. Harvest Lane and Ridge at Harvest Lane Covenants (CC&Rs) have legal precedence in Jefferson County District Court and the prevailing party is entitled to attorney's fees and court costs paid by the losing party. If you feel your neighbor may be parking recreational vehicles, trailers, broken down vehicles or storing trash bins beyond the front setback of the house and/or not surrounded by a 6-foot high opaque fence, you are encouraged to politely talk to the neighbor first to see if they are willing to comply. In many instances, communicating may be enough because it's quite possible they have no idea they're in violation of the CC&Rs and will willingly work to ensure compliance. If that doesn't work, try working with the Arvada Code Enforcement office to determine if what your neighbor is planning to do or already done to their property is in violation of any City Ordinance. If they are, the city will send them a compliance letter demand and give them 30-days to comply before assessing fines. If this doesn't work and your neighbor decides your claims are without merit, you may need to hire an attorney to send a Cease and Desist Letter. If your neighbor still refuses to resolve the issue and you've exhausted all other avenues, you're only recourse will be to file a lawsuit with the Jefferson County Courts. It's really unfortunate when things escalate to this level, but just have peace of mind that your CC&Rs provide an individual right of enforcement and the The Harvest Lane and Ridge at Harvest Lane Covenants (CC&Rs) are valid & enforceable in Jefferson County District Court. This page is provided as a reminder that just because a subdivision, neighborhood or community such as Harvest Lane and Ridge at Harvest Lane may not have a functioning HOA with board of directors or property management company, it does not exempt you from abiding by the rules and regulations of that subdivision. If you need a copy of your CC&Rs, contact your real estate agent, title company or request a copy from the Jefferson County Assessor office. For specifics relating to your property, you are encouraged to seek legal advice from a real estate attorney. |
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