1.1

Usage.

a.

Lots shall be for single family residential use.

b.

Upon conveyance of title the dwelling shall be for owner-occupied use.  In lieu of the owner, occupancy may extend to the immediate family of parents, siblings, or children.

c.

i.

With Conditional Approval, an occupant of a residence may conduct professional work or the operation of a business provided such is performed entirely within the dwelling or detached building.

ii.

With Conditional Approval, bearing the business name a professionally crafted plaque up to two square feet may be affixed to an exterior wall.

 

1.2

Construction.

a.

Prior to construction completed architectural-engineering plans shall be submitted for Approval.  For the professional review of plans a fee customary of such may be charged.  Construction shall be finished within six months from the date of Approval.

b.

Maintaining continuity to the number of stories, type of build, and reasonable commonality of design -a dwelling shall be constructed in the genre of the street prevalence.

c.

A dwelling shall be setback a minimum of fifteen feet from a side street, five feet from side lot lines, fifteen feet from front and rear lot lines.  Eaves, fireplaces, steps and open porches may extend up to two feet from the side lot lines.  A tolerance variation of one foot is permissible to accommodate imprecise construction placement.

 

1.3

Appurtenances.

a.

Installation of a satellite dish, up to three feet in diameter, is permissible in accordance with the routine as typified on existing dwellings.  Other than as provided by Federal Law, antennas and supplemental satellite dishes may be permitted with Conditional Approval.

b.

Installation of solar panels may be permitted with Approval.

c.

Storage tanks shall be screened by wall, obscuring fence or vegetation.

 

1.4

Fencing.

a.

Fencing shall be either concrete block, stone, wrought iron, or cedar.

i.

Dog Runs may be chain-link.

ii.

Except for repair of existing walls, the use of gray concrete block is prohibited.

b.

Installation of new fencing or modification of existing fencing may be permitted with Approval.

i.

New fencing installed by a developer or builder shall be either concrete block or stone.

c.

Maintaining a reasonable continuity to adjacent neighbor's, fencing may be up to six feet height.  A tolerance variation of one foot is permissible to accommodate fluctuations of ground elevation.

d.

Front yard fencing prohibited, side fencing may extend up to the collateral corner of the front of the dwelling.  Retaining walls and wind-break walls up to three feet in height may be permitted with Approval.

 

1.5

Landscaping.

a.

Lots shall be landscaped maintaining a reasonable continuity to the genre of the development while respecting the divergence of the homeowners and the community thereof.

b.

Owners shall be responsible to ensure neither vegetation or drainage or wind-blown dust and dirt causes harm to a neighbor's property.

c.

Whether identified on the Plat or constructed thereafter, water drain paths and retention areas shall be maintained without diminish. With submission of completed architectural-engineering plans, modification may be permitted with Approval.

d.

Retaining walls of a height sixteen inches or greater shall have weep holes at a minimum: two inch diameter located six inches above grade at a maximum spacing of twenty-four inches on center.

e.

Strictly for food cultivation use, an individual water well may be permitted with Conditional Approval.

 

1.6

Detached Buildings.

a.

A carport, and a detached building up to five hundred square feet, may be permitted with Approval.

b.

The architecture shall maintain continuity to the reasonable commonality of design in the genre of the dwelling and the street prevalence.  Due to functionality, greenhouses exempted.

c.

Structures on permanent foundations shall be setback a minimum of five feet from lot lines.  A tolerance variation of one foot is permissible to accommodate imprecise construction placement.

d.

Fabric roof or metal structures are prohibited.

 

1.7

Signage.

a.

On a Colonial Sign Post, a home may display a professionally crafted "For Sale" sign up to eighteen inches by twenty-four inches.  “Open House” directional signs may be placed from Saturday morning through Sunday evening.

b.

Other than stated in paragraphs 1.1c and 1.7a, our community is a sign-free area.

i.

“Lost Pet” signs are exempted with the provision such may be placed only at a Community Bulletin Board or Stop Sign Placard, are dated, then clean removed within fourteen days.

ii.

Directional “Garage-Yard Sale” signs may be placed only on the day of the event.

 

1.8

Vehicles.

a.

Vehicles parked off street shall be on paved drive surfaces.  Construction of drive surfaces may be permitted with Approval.

b.

Motor homes, fifth-wheels and travel trailers may be parked on street or lot up to seventy-two hours prior to travel-use and forty-eight hours after travel-use.  Visitors bearing non-New Mexico license plates may park on street or lot for up to ten days.

c.

Boats may be parked on street or lot up to forty-eight hours hours prior to travel-use and twenty-four hours after travel-use.

d.

Motor homes, fifth-wheels, travel trailers, boats and utility trailers less than seven feet high may be parked within the rear yard.

e.

Commercial vehicles may be permitted to park on street or lot with Conditional Approval.  Thirty foot limit.

f.

Non-functioning vehicles shall be parked in an enclosed garage.

g.

Repairs shall be effected in an enclosed garage.

h.

Other than is provided by New Mexico Law, the use of off-road recreational vehicles on street shall be restricted to direct passage to and from the dwelling and the desert.

 

1.9

Animals.

a.

An inclusive list: a residence may house up to three cats or three ferrets, and three dogs, and three hamsters or guinea pigs or rabbits, and birds without limit, and fish without limit.

b.

Commercial purpose is prohibited.

 

1.10

Property Integrity.

The property shall be maintained without diminish.

1.11

Social Responsibility.

Occupants shall be responsible to ensure the peace is not disturbed, nor harm caused to a neighbor's property or person.

 

1.12

Miscellaneous.

a.

In the event of destruction by disaster debris shall be clean removed within thirty days.

b

Clotheslines are permissible when located in the backyard and screened by wall, obscuring fence or vegetation.

c.

Window air conditioners may be permitted with Conditional Approval.  Present installation exempted.

d.

Temporary structures are prohibited.  For use during construction, a “porta-potty” is exempted.

e.

Bypass of the public water and sanitary sewer systems are prohibited.  1.5e is exempted.

 

2.1

Association.

Pursuant to the provisions of the New Mexico Nonprofit Corporation Act (53-8-1 to 53-8-99 NMSA 1978), The 'Good Neighbor Association, Inc.' (PRC 4191714) shall serve as the Homeowners Association, to provide a forum by which members may establish common policy.

 

2.2

Approvals.

a.

Request For Approval and the responses thereof shall be in writing.

b.

Approval or disapproval shall occur within fourteen days -without which, approval of such application shall be deemed to have been given Conditional Approval.  If disapproved the applicant may resubmit for Approval, beginning anew the fourteen day approval-disapproval process.

c.

Approvals shall be either Conditional or Permanent.  Approvals do not confer legal clearance, jurisdictional or professional licensure seal, only that the application appears to be reasonable to the continuity of the Covenants.

i.

Conditional Approval shall be valid for one year, thereupon automatically renewed for subsequent periods of one year, unless in violation which shall be cause for immediate revocation.

ii.

Permanent Approval shall be final, unless the approved state is no longer maintained which shall be cause for immediate revocation.

d.

Approval or disapproval shall be construed as applicable to none other than the applicant-application.

 

2.3

Waivers.

a.

A very serious matter, a waiver of a provision shall not be considered unless there is presentation of a verifiable burden of hardship.  For the professional review of documentation a fee customary of such may be charged.

b.

Request For Waiver and the responses thereof shall be in writing.

c.

Waivers shall be valid for one year, thereupon automatically renewed for subsequent periods of one year, unless in violation which shall be cause for immediate revocation.

d.

Approval or disapproval shall be construed as applicable to none other than the applicant-application.

e.

A waiver shall not be construed as a waiver of a subsequent breach of the same provisioned.

 

2.4

Compliance.

Residents may expect routine compliance review to occur on the first and on the fifteenth of the month, or as reasonably near thereafter, respectively.

 

2.5

Noncompliance.

a.

Request For Compliance and the responses thereof shall be in writing.

b.

In the event of a property-related noncompliance the owner shall be served concurrently by email and a posting on the entrance door of the dwelling.

i.

The first Request For Compliance shall be in the form of a Gentle Reminder. Seventy-two hours shall be allowed for the owner to respond with a resolution.

ii.

In the event the first Request For Compliance is without response, the second Request For Compliance shall be in the form of a Notice Of Noncompliance And Imminent Consequence. Seventy-two hours shall be allowed for the owner to respond with a resolution.

iii.

In the event the second Request For Compliance is without response, the third Request For Compliance shall be in the form of a Notice Of Consequence And Imminent Abatement -at which the owner shall be assessed one-hundred dollars plus an administrative fee of thirty percent.  Seventy-two hours shall be allowed for the owner to respond with a resolution.

iv.

In the event the third Request For Compliance is without response, a Notice Of Right To Abate shall be posted upon the entrance door of the dwelling, and without liability to the owner or occupant, the land entered and the noncompliance abated.  The owner shall be responsible for the expense of the abatement plus an administrative fee of thirty percent.

c.

In the event of a behavior-related noncompliance the occupant shall be served concurrently by email and a posting on the entrance door of the dwelling.

i.

The first Request For Compliance shall be in the form of a Gentle Reminder.  Seventy-two hours shall be allowed for the occupant to respond with a resolution.

ii.

In the event the first Request For Compliance is without response, the second Request For Compliance shall be in the form of a Notice Of Noncompliance And Imminent Consequence.  Seventy-two hours shall be allowed for the occupant to respond with a resolution.

iii.

In the event the second Request For Compliance is without response, the third Request For Compliance shall be in the form of a Notice Of Consequence -at which the owner shall be assessed one-hundred dollars plus an administrative fee of thirty percent.  Subsequent breeches of a chronic nature shall be assessed one-hundred dollars plus an administrative fee of thirty percent.

d.

In the event of a weed-related noncompliance the occupant shall be assessed twenty dollars plus an administrative fee of thirty percent.

 

2.6

Assessment.

a.

Each lot shall be subject to a Quarterly Assessment as set forth by the Good Neighbor Association.

b.

Each lot shall be subject to a Dedicated Assessment as set forth by the Good Neighbor Association.

c.

Proceeds from Noncompliance Assessment shall be dedicated to the Good Neighbor Fund, a discretionary benevolent account.

 

2.7

Recourse.

a.

Request For Account Remittance and the responses thereof shall be in writing.

b.

An assessment shall be delinquent if not paid by the fifteenth day of the month due.

i.

Upon delinquency a thirty percent late fee shall be imposed and the unpaid balance shall accrue interest at a rate of ten percent per annum.

ii.

At fifteen days in arrears the first Request For Account Remittance shall be in the form of a Gentle Reminder.  Fifteen days shall be allowed for the owner to respond with a resolution.

iii.

At thirty days in arrears the second Request For Account Remittance shall be in the form of a Notice Of Delinquency and Imminent Consequence.  Fifteen days shall be allowed for the owner to respond with a resolution.

iv.

At forty-five days in arrears the third Request For Account Remittance shall be in the form of a Notice Of Consequence -at which the owner shall be assessed one-hundred dollars plus an administrative fee of thirty percent. and the account processed to a collection agency.  Thirty days shall be allowed for the owner to respond with a resolution.

v.

At seventy-five days in arrears a Lien shall be filed against the property.  The Good Neighbor Association right to foreclose shall not extend to an owner-occupied dwelling.

vi.

Owners shall be responsible for expenses incurred for the processes of collection and lien, plus an administrative fee of thirty percent.

c.

Charges encumbered from an instrument not honored shall be assigned back to the owner, plus an administrative fee of thirty percent.

 

3.1

Unoccupied Dwelling.

If a dwelling is unoccupied for more than thirty days professional management services are required and shall be obtained through an approved vendor.  Family members acting as caretakers are permissible to self manage.

 

4.1

Rental Management.

Professional management services are required and shall be obtained through an approved vendor. Rentals to family are permissible to self manage.

 

4.2

First Refusal.

The Good Neighbor Association shall have the right of first refusal.

 

4.3

Redemption.

a.

A lender shall provide sixty days notice of either the intent to foreclose upon a mortgage or to accept conveyance of the home in lieu of foreclosure.

b.

During the statutory period for redemption the Good Neighbor Association shall have the right to redeem the property at the redemption price plus any due taxes, interest and other costs.

 

5.1

Amendment.

These Covenants may be amended by an instrument signed with the consent of a majority of the homeowners, duly recorded.  Where more than one person has interest therein, the concurrence of all such owners shall be necessary to entitle the owners of such lot to vote for amendment.

 

5.2

Headings.

Paragraph headings are for convenience only and shall not be used to construe the provisions thereof.

 

5.3

Severability.

In the event any provision is determined to be invalid or unenforceable it shall be adjusted so as to best reflect the original intention of said provision to the maximum extent possible, with the remainder to be valid.

 

5.4

Superseding Covenants.

The Covenants set forth in this document shall run with and bind the property for twelve years, after which shall be automatically extended successive periods of seven years.  In modification-amendment and superseding of all prior covenants, [the exception of the respective paragraphs nineteen (19) of the “Protective Covenants“ recorded in the office of the County Clerk of Valencia County, New Mexico at Book 294, pages 5051 of 8 on June 1, 1993 and Book 314, pages 4172 of 16 on January 15, 1998].