Harvest Lane | The Ridge at Harvest Lane CC&Rs - Covenants, Conditions, and Restrictions within our Community in Arvada, CO 80005

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Harvest Lane & The Ridge at Harvest Lane
a Covenant Protected Community in Arvada, Colorado 80005

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).

Many homeowners confuse a Homeowners Association (HOA) with Covenants, Conditions, and Restrictions (CC&Rs). Let's be clear - they are not the same.

Homeowners Association (HOA)
An HOA is a nonprofit organization or legal entity (often structured like a corporation) made up of the property owners in a specific neighborhood, condominium, or development. The HOA manages common areas, collects dues, makes community decisions, and enforces neighborhood rules.

Declaration of Covenants, Conditions, and Restrictions (CC&Rs)
These are the written, legally binding rules and standards that govern what property owners can and cannot do with their land or homes. It outlines architectural guidelines, setbacks, fencing requirements, parking rules, and maintenance responsibilities. The documents are officially recorded with the Jefferson County clerk or recorder's office and run with the land. You can request a copy from your real estate agent, title company or the Jefferson County clerk or recorder's office.

Key Differences
The "Who" vs. The "What": The HOA is the governing body (the organization), while the CC&Rs are the rules that the organization enforces.

Bylaws vs. CC&Rs:
HOAs have bylaws which dictate the internal operational rules of the association (such as how board members are elected and how meetings are run), whereas CC&Rs focus strictly on property use and restrictions.

Harvest Lane & Ridge at Harvest Lane does not have an HOA, board of directors, architectural review committee or property management company. Therefore enforcement of the CC&Rs (when all other attempts to resolve a dispute with a neighbor due to non-compliance) is to file a lawsuit as an aggrieved property owner whose legal rights, financial interests, or full use and enjoyment of their property have been directly and adversely harmed by the action, decision, or negligence of another party, such as a neighbor who decides they do not have to live by the standards set forth in our community.

Key Elements of CC&Rs:

• Covenants: Official promises or obligations dictating what homeowners can and cannot do (e.g., maintaining property standards). Covenants are essentially promises. In effect, buyers promise to abide by the governing documents. Buyers do not sign an agreement promising to abide by these documents because the promise is imposed as an equitable servitude that runs with the property and is fully enforceable against the property owner. Positive Covenants = a promise to do something while Restrictive Covenants = a promise not to do something.

• Conditions: Contingencies or requirements linked to property ownership that can affect title or use. Conditions in a contract or agreement can suspend, rescind, or modify an obligation.

• Restrictions: Limitations imposed on owners' use of their property. For example, restrictive covenants often limit the number and types vehicles stored in driveways; alterations that can be made to property. The primary purpose of the restrictions is to maintain property values and order among neighbors.

How They Work

• Recorded with the County: The Declaration of Covenants are recorded and on file with the Jefferson County clerk or recorder's office and "run with the land," meaning they apply to both current and all future owners of the property.

• Highest Authority: CC&Rs are typically the top-ranking document in an HOA's governing hierarchy, superseding internal bylaws or board-created rules.

• Enforcement: In the case of Harvest Lane & Ridge at Harvest Lane where a formal HOA board of directors, architectural review committee or property management company does not exists to oversee compliance of the covenants, enforcement is via any aggrieved property owner whose legal rights, financial interests, or full use and enjoyment of their property have been directly and adversely harmed by the action, decision, or negligence of another party, such as a neighbor who has decided not to play nice in the sandbox.

Below are a few excerpts from the Declaration of Covenants, Conditions, and Restrictions (CC&Rs) for Harvest Lane and Ridge at Harvest Lane

A full copy of the Declaration of Covenants, Conditions, and Restrictions (CC&Rs) for Harvest Lane and Ridge at Harvest Lane are available from the Jefferson County clerk or recorder's office, your real estate agent, title company, real estate attorney.

Many homeowners confuse a Homeowners Association (HOA) with Covenants, Conditions, and Restrictions (CC&Rs). Let's be clear - they are not the same.

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.

PROTECT YOURSELF FROM FUTURE LITIGATION
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.

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.