Daybreak at Tower

Key facts from Daybreak at Tower's documents

Reflects the 2005 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

single-family residential planned community (Preamble, Article I)

Legal name

Daybreak at Tower Homeowners Association, Inc.

Units / lots

32 single-family dwelling units (Preamble, Article I)

Developer / declarant

Daybreak at Tower Homeowners Association, Inc. and Joint School District No.28-J of the Counties of Adams and Arapahoe (Preamble)

Governing law

Colorado Common Interest Ownership Act (CCIOA) sections 38-33.3-101 et seq. (Page 2)

Assessments & dues

Maximum $400 per year per lot, adjusted annually by CPI Denver-Boulder (Article IV, Section 4.2)

Special assessments

Allowed for capital improvements or other purposes; requires approval by majority vote of members present at annual or special meeting (Article IV, Section 4.8)

Collections & liens

Association has lien against each lot for unpaid assessments, enforceable per C.R.S. 38-33.3-316; subordinate to first mortgage lien; superior to homestead exemption (Article IV, Sections 4.4, 4.11)

Reserves & fees

Budget must include reasonable reserve for maintenance, repair, replacement (Article IV, Section 4.6)

Pets

Yes, reasonable number of household pets subject to local ordinances; must be kept inside dwelling or fenced yard; owner responsible for control, noise, odor (Article V, Section 5.11)

Leasing & rentals

Yes, but lease must comply with declaration, association rules, and be in writing; copy provided on request; board may require eviction of violating tenant (Article V, Section 5.20)

Parking & vehicles

No parking of camping trailers, boat trailers, commercial vehicles, etc. except temporarily; must be stored in garage; association can designate parking areas; no storage in parking areas (Article V, Section 5.10)

Fences

Detached structures (dog run, dog house, storage, etc.) require prior approval; must have same exterior materials and design as dwelling unit (Article V, Section 5.15)

Architectural approval

Prior written approval from Association Board required for any exterior alteration, including paint, roofing, excavations, etc. (Article V, Section 5.8)

Solar & roof

Solar panels expressly prohibited (Article V, Section 5.12)

Home business

Home occupations defined and permitted in City of Aurora and Adams County zoning ordinances are allowed (Article V, Section 5.3)

Signs & flags

No signs or advertising devices without prior written approval; exception: one standard 'for sale' or 'for rent' sign up to 6 sq ft per lot; declarant may approve larger signs for realtors (Article V, Section 5.7)

Maintenance

Association: common areas (tree lawns, landscaping, fences, signage, sprinkler system); Owner: lot and dwelling unit, including driveway and landscaping on lot (Articles III, V)

Insurance

Association maintains casualty, liability, worker's compensation insurance for common areas; policy must waive subrogation, cannot be canceled without 30 days notice, include mortgagee clause (Article VI, Sections 6.1-6.4)

Use restrictions

No lot shall be used other than as single-family residence; no business or commercial activity except home occupations permitted by local ordinances (Article V, Section 5.3)

Voting & meetings

One vote per lot; membership appurtenant to lot; if multiple owners, only one vote per lot; if corporate owner, officer votes (Article II, Section 2.2(c))

Amendments

During first 30 years, amendment per C.R.S. 38-33.3-217; certain actions require 67% of members and 67% of first mortgagees (Section 9.2) (Article VIII, Section 8.2)

Extracted from the recorded governing documents and cited to them; may be incomplete and is not legal advice — verify against the official documents below.