ARTICLE VIII
PROTECTIVE COVENANTS
The following restrictions, conditions and covenants, collectively called “Protective Covenants”, are imposed
upon all the Lots, Condominium Units where applicable, and Common Areas without limiting or altering the
provisions of Article VII:
(a) Any tank for the storage of gas or liquid shall be hidden from the view of other Lots and the Common Area.
(b) No kennel or other facility for raising or boarding dogs or other animals for commercial purposes shall be
kept in Forbes Park. No animals of any kind shall be raised, bred or kept in Forbes Park except reasonable
numbers of dogs, cats or other ordinary household pets. No poultry may be kept in Forbes Park. No dog
shall be allowed to run loose except when accompanied by a person capable of keeping such dog under
surveillance and control.
(c) All refuse, rubbish, trash, garbage or waste shall be kept, disposed of or removed in a sanitary manner. All
household refuse and rubbish, trash, garbage or waste shall be kept in closed containers inside a building or
other approved enclosure until taken to a disposal place operated or licensed by the proper public authority
for such disposal. Nonhousehold refuse, rubbish, trash, garbage or waste, other than dead leaves and
fallen limbs shall not be permitted to remain exposed on a Lot.
(d) Any vehicle, whether selfpropelled or not, permitted to remain on any Lot or Common Area shall be kept in a
licensed and operable condition. Any vehicle, whether selfpropelled or not, shall be parked in such a
manner that it is not a nuisance, aesthetically or otherwise, to other Members. A truck larger than threequarter
(3/4) ton rating shall only be kept on a Lot inside an approved building except during any period of
authorized construction. A vehicle shall not be parked on that part of any road normally used by vehicles
being driven on such road. The provisions of this paragraph shall not apply to Declarant during time of
construction of roads.
(e) Noxious, obnoxious, noisy, unsightly or otherwise offensive objects or activities, specifically including vehicle
repairs, barking dogs and littering shall not be permitted nor shall anything be permitted that may be an
unreasonable annoyance or nuisance to other Owners.
(f) A professional quality sign of not more than four (4) square feet in area shall be allowed to be displayed on
a lot for any purpose and one )1) additional sign of not more than four (4) square feet in area shall be
allowed to be displayed for advertising such Lot or improvement thereon for sale, lease or rent.
(g) A structure of a temporary or mobile nature, motorhome, mobile home, camper truck, travel trailer, camping
trailer, other vehicle used or designed for camping or tent, shall not be placed on a Lot for more than three
(3) consecutive nights and days more than once each calendar month except that the Committee may grant
a permit (1) for any of the above to be placed on a Lot and used for longer periods of time during
construction of a dwelling, diligently pursued, or, (2) for vacation camping under the conditions and
procedures provided in Article VII hereof. Subject to the prior written approval of Declarant, with respect to
the real property described in Exhibit C, the Board may designate a part of the Common Area as a storage
area for all vehicles that are prohibited from being placed on a Lot.
(h) All septic systems operated with water from wells drilled under permits obtained pursuant to the Decree of
the District Court in and for Water Division No. 3, State of Colorado, Case No. W-3312, shall be limited to
sewage disposed of by septic tank and absorption fields, the effluent of which shall return to groundwater in
the drainage basins in which such wells are located. Said absorption fields and septic tank installations
shall be constructed in conformance with the standards and requirements of state and county health
authorities. Notwithstanding the foregoing requirements, the Committee may approve an evaporative field
septic system if the construction of a septic tank and absorption field would cause a hardship in any
particular situation and if the Committee is permitted to do so under a modification of the Decree in Case
No. W-3312.
(i) An outdoor fire shall be made in a facility or a receptacle having a properly operating spark screen. All
fireplaces whether inside a building or outdoors shall have an operational approved spark screen covering
the top of the chimney. Any condition which creates a fire hazard shall not be permitted on a Lot.
(j) No single-family residence or Condominium Unit, exclusive of open porches, garages and carports, shall be
less than six hundred (600) square feet in main floor area. No more than one (1) single-family residence
plus appropriate ancillary buildings may be erected on a Lot not designated a Commercial Lot. No
commune, cooperative or similar type living arrangement shall be permitted anywhere in Forbes Park.
(k) All water derived from wells permitted by the State Engineer of the State of Colorado pursuant to the
provisions of the Decree of the District Court in and for Water Division No. 3, State of Colorado, in Case No.
W-3312, shall be used for domestic in-house use only.
(l) No commercial enterprise shall be operated other than on a Commercial Lot.
(m) Building materials shall not be placed on a Lot nor shall foundation work be started for any Improvement
unless such Improvement has previously been approved by the Committee. Once approval is obtained,
such Improvement must be completed within twelve (12) months after building materials are first placed on
such Lot or foundation work is begun.
(n) A wire fence shall not be permitted on a Lot except one such fence enclosing not more than 1600square
feet for the purpose of enclosing household pets.
(o) Hunting shall not be permitted.
(p) Firearms, explosives, fireworks or arrows shall not be used, shot or discharged except in such areas as may
be designated by the Association for such use, shooting or discharging.
(q) Explosives shall not be used for construction purposes unless such use has been approved by the
Committee.
(r) Excessively noisy vehicles of any kind, all-terrain vehicles, trail-bikes, helicopters, aircraft or motorcycles
shall not be used anywhere in Forbes Park.
(s) Chain saws shall not be used without a proper spark arrester on the exhaust and chain saws or other noisy
equipment shall not be operated before 8:00 A.M. or after 5:00 P.m.
(t) All telephone, electrical power, and other receiving or transmission lines shall be placed underground except
that such lines on poles shall be permitted (1) in the case of major lines to areas of Forbes park as
Declarant deems appropriate and (2) where the Committee determines underground lines are unreasonably
expensive or otherwise impractical.
(u) Existing tree lines on all Lots and Commercial Lots shall not be disturbed or altered and, wherever practical,
all improvements shall be placed a reasonable distance behind such tree lines as determined by the
Committee.
(v) Any tree having a diameter at the base greater than four (4) inches shall not be cut down without prior
approval of the Committee.
(w) A Lot shall not be subdivided or partially leased except a Commercial Lot owned by Declarant.
(x) Snowmobiles shall not be operated except in transit to or from such parts of the Common Areas as the
Association and Declarant may from time to time designate as snowmobiling areas.
(y) Any vehicle requiring its operator to have a operator’s license under the laws of the State of Colorado shall
be operated only by a person having a valid operator’s license.
(z) All improvements shall be maintained in such a manner that they do not become (1) unsightly, (2) in
disrepair, (3) unsanitary or (4) a fire hazard.
(aa) No guest house, garage, carport or other outbuilding shall be constructed on any Lot until after
commencement of construction of the dwelling house on the same lot.