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Harvest Lane & The Ridge at Harvest Lane - a quiet and highly desirable Covenant Protected 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. Similar to most communities throughout the metro area, properties located in the Ridge at Harvest Lane and Harvest Lane filings are subject to or governed by Community Covenants & Restrictions (also referred to as CC&Rs or Deed Restrictions) and buyers interested in purchasing a home here are strongly encouraged to familiarize themselves with the CC&Rs to ensure they don't mistakenly purchase and violate any rules or restrictions (such as RV, vehicle and trailer parking). Harvest Lane and Ridge at Harvest Lane is special because since the subdivision was established in circa 1989, residents (many of whom still reside here) have always relied on their neighbors 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 - the legally-binding Declaration that is recorded in Jefferson County; is linked in the title commitment and title policy of your 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, architectural review committee or property management company isn't in place to collect monthly HOA dues, they are somehow exempt from playing by the rules. This is simply not the case. Please remember, ALL Harvest Lane and Ridge at Harvest Lane residents received a copy of the CC&Rs from the seller or title company a few days after going under contract to purchase a home in this community. It's imperative that you take the time to read your title commitment because it will contain downloadable links to everything you need to know about the Declarations recorded in Jefferson County that are tied to your property. Due to restrictions and lack of understanding of MLS rules & regulations, properties may have been or are currently being advertised as "No Covenants" and "No Restrictions", 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 agent for not making them aware of the CC&Rs; some said the title company never provided them a copy of the CC&Rs while others said they heard about them through neighborhood conversations, 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 writing a contract to purchase a property, you as the future homeowner agree to accept the property with any and all restrictions. Once again, 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. If you aren't sure what to look for, ask your agent, title company escrow officer or contact a real estate attorney. 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. Legal precedent for the current Covenants and Deed Restrictions were established or adjudicated by the Jefferson County District Court in August 2023 and are valid through 2032. 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 these are 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 directly with your neighbor may be enough because it's quite possible they have no idea they're in violation of the Harvest Lane 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 be forced to hire a real estate 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 Harvest Lane 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 friendly 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, architectural review committee or monthly dues payable to a 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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