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.3-1-1/addition, the following restrictions shall apply to all animals and pets: such animals shall becontrolled within the Ownet's property in such a manner as to not be a nuisance or disturbance toother Owners; dogs must be on a leash at all times when not on the Owner's property; Ownersmust clean up dog litter immediately from the Common Areas or adjacent public areas; if ahousehold pet creates a nuisance to other Owners because of noise, destruction or nuisance, theBoard of Directors may require the Owner of said pet to remove it from the Properties. Noremoval shall be enforced until the Board has given the Owner written notice as to the reason forthe animal's removal. Said Owner shall have fifteen days from receipt of notice of the pendingremoval to provide the Board written notice of the Owner's proposed solution. If, after fifteendays of the Owner's receipt ofthe written notice, the Owner has failed to respond, or has failed toprovide a solution which meets the Board's approval, or said Owner has failed to comply \viththe Owner's offered solution, said household pet shall be removed from the Properties.J. TrashEach Lot shall contain such area as required for trash, garbage and other refuse asdetermined by the Architectural Control Committe. Each Owner shall provide for regularremoval of trash and agrees to use the trash company designated by the Architectural ControlCommittee, if one is so designated. Each Owner shall provide the necessary space and recyclebins required for participation in a local municipality's recycling program if such program isavailable to each Owner. Each Owner shall keep his or her Lot in a neat, clean and sightlycondition and grass and weeds shall be kept mowed. Trash, litter, junk, boxes, containers,bottles, cans, implements, tools, machinery, lumber, firewood and building materials shall not bevisible from any neighboring Lot or from the street, except as reasonably necessary duringperiods of construction. The Board of Directors, upon receipt of Owner of written notice, mayrequire an Owner to remove unsightly material.K. NuisanceNo noxious, offensive, or illegal activity shall be conducted or permitted on any part ofthe Properties. nor shall anything be done thereon which may be or become an annoyance ornuisance to the Owner of any Lot.L. UtilitiesAll electric, television, radio, telephone, and any cable line installations and connectionsfrom the Owner's property line to any structure on the Lot shall be placed underground. Allantennas must be contained within the structure and not exposed to public view. No aerial mastsor satellite discs shall be allowed.6

(31-/2.M. SignsNo signs or advertising of any kind shall be erected or maintained on the Propertiesexcept for the following: such political signs which are permitted by federal, state and local law;a "For Sale" or "For Rent" sign not exceeding the size permitted in the City of Lafayette; signsindicating protection by security systems or neighborhood watch programs; and any signsdeemed necessary by the Declarant and its sales agents.N. Fences, Mailboxes and Property IdentificationFences, mailboxes and property identification must be approved by the ArchitecturalControl Committee.o.LeasingThe entire Dwelling Unit may be rented or leased as a single unit to a single person orfamily. All leases or rental agreements shall be in \\Titing and shall specifically provide that thelease or rental agreement is subject to the terms of this Declaration, the Bylaws of theAssociation, the Articles of Incorporation and the Rules and Regulations of the Association.Failure of any lessee or renter to comply with the terms of the Declarations, Bylaws, Articles ofIncorporation or the Rules and Regulations of the Association shall constitute a default and suchdefault shall be enforceable by either the Board or the lessor, or by both of them. No room orrooms in any Dwelling Unit may be rented or leased and no paying guest may be housed in anyDwelling Unit.P. Damage or DestructionIn the event any structure is damaged or destroyed by fire or other casualty, said structureshall be promptly rebuilt or remodeled to conform to this Declaration, or all debris and remainingportions of the structure, including the foundation shall be promptly removed from theProperties.Q. LandscapingLandscape design must be approved by the Architectural Control Committee.R. Maintenance of Drainage PatternNo interference with the drainage pattern initially established by the Declarant or builderover any of the Lots or Common Areas within the Properties shall be allowed, except asapproved in writing by the Architectural Control Committee. Approval shall be granted onlywhen provision is made for alternative drainage.7

(3/-IJS. CondemnationIn the event of a proceeding in condemnation of any Common Area by any authorizedgovernmental authority, the proceeds from such condemnation attributable to the Common Areasshall be distributed to the Association for repair of the Common Areas after condemnation and,at the discretion of the Board, the balance remaining shall be distributed to all Owners equally.T. Title to the Common AreasThe Declarant hereby covenants that it shall convey fee simple title to the Common Areasto the Association, free and clear of all liens and encumbrances, prior to the conveyance of thefirst Lot within the Properties and shall furnish anci pay for a title insurance policy reflectingsame.ARTICLE III: MEMBERSHIP, RIGHTS AND DUTIES OF THE ASSOCIATIONA. General Duties of the AssociationThe Association, by and through its Board of Directors, shall further the interests of theOwners of the Association, perform management functions as provided in this Declaration andprovide for the care and maintenance of outlots and Common Areas including keeping theCommon Areas in a safe, attractive, functional and repaired condition. The Association shallhave all the powers necessary or desirable to effectuate such purposes including such powers asare enumerated in the Association Articles and Bylaws. Any purchaser of a Lot shall be deemedto have assented to, ratified and approved all actions of the Board if said actions are inaccordance with the Board's powers as herein set forth.B. Articles and BylawsThe Articles oflncorporation and the Bylaws of the Association shall further augmentand define the powers of the Board of Directors. In the event either the Articles or Bylawsconflict with the Declarations, the Declarations shall control. In the event the Articles ofIncorporation conflict with the Bylaws, the Articles shall controLC. MembershipEvery person or legal entity who is a record Owner of a Lot which is subject toassessment shall be a member of the Association. Provided however, that a person or legal entitywho has only a security interest in a Lot shall not be an Member. Where more than one person orentity is a record Owner of Lot, both persons or entities shall be Members. Membership shall beappurtenant to and may not be separated from the ownership of any Lot.8

(D. VotingThe Association shall have two classes of voting membership as outlined below.Class A: Class A members shall be all Owners with the exception of the Declarant andshall be entitled to one vote for each Lot owned. When more than one person or entity owns aLot, either person or entity shall be entitled to exercise that Lot's vote, provided however, that anobjection or protest by any other Owner is not received by the Board prior to the completion ofthe scheduled vote. If the Owners of the Lot cannot agree on the manner of casting their votewithin a reasonable time, said Owners shall not exercise their vote.Class B: Class B members shall be the Declarant. The Declarant shall be entitled to four(4) votes for each Lot owned. Class B membership shall be converted to Class A membershipwhen seventy-five percent of the Lots have been conveyed to Owners other than Declarant or onJanuary 1, 1999 whichever occurs first.E. Board of DirectorsThe Members of the Association shall elect four persons to the Board of Directors. TheBoard shall manage the affairs of the Asso .:iation. The Board may by resolution delegateauthority to a Managing Agent, provided however, that the Board shall retain final responsibilityfor all actions or decisions of the Managing Agent.F. IndemnificationThe Association shall indemnify every director, officer, agent or employee and anyformer director, officer, agent or employee against loss, costs. ancl expense, including reasonableattorney fees incurred in connection with any action, suit, or proceeding in which such personmay be made a party by reason of being, or having been such director, officer, agent or employeeof the Association or Board. This indemnification shall not apply to acts where such person isliable for gross negligence or fraud. Any sl ch indemnification may only be paid out of theinsurance coverage which furnishes Officers imd Directors of the Association errors andomissions insurance coverage or similar coverage. All payments or settlements of thisindemnification shall be limited to the actual proceeds of insurance policies received by theAssociation less any deductible owed by tile Association under the terms of the insurance policy.G. Rights of the Association1. Association as Attorney-in-Fact for OwnersThe Board is hereby irrevocably appointed attorney-in-fact for the Association, tomanage, control and deal with the interest of the Association so as to permit the Association tofulfill all of its duties and obligations hereunder. The Board is granted all the power necessary to9

govern, manage, maintain, repair, administer and regulate in order to accomplish all dutiesrequired of it.2. Contracts, Licenses and Other AgreementsThe Executive Board shall have the right to enter into or grant contracts, easements,licenses, leases and agreements, concerning the use of the Common Areas and any improvementslocated thereon.3. Implied RightsThe Board shall have and may exercise any right or privilege given to it expressly by thisDeclaration, or reasonably implied from the provisions of this Declaration, or given or implied bylaw, including those established by the Colorado Common Interest Ownership Act as itmay beamended from time to time (Article 33.3, Title 38 of the Colorado Revised Statutes) or whichmay be necessary or desirable to fulfill its duties, obligations, rights or privileges.H. Annual MeetingThe Board of Directors shall hold at least one meeting per year to which all Owners areinvited to attend. Notice for said meeting shall be mailed to the last address of record of eachOwner not earlier than fifty days prior to the meeting and not later than twenty days prior to themeeting.10

(ARTICLE IV: ASSESSMENTSA. Purpose of AssessmentThe Association shall levy such assessments as it deems necessary for the purposes ofpromoting the health, safety and enjoyment of the Owners. In addition, said assessment may beused for the maintenance, repair and improvements of the Common Areas and landscapingthereon, for payment of management fees, payment of insurance premiums and maintainingadequate reserves. Also, the assessments may be used for any other purpose reasonablynecessary to implement the purposes described herein.B. Annual AssessmentIn the first year of the Spring Creek Subdivision's existence, the annual assessment perLot, other than by Lots owned by Declarant, shall be Three Hundred and Sixty Dollars ( 360.00)per year. Assessments shall be prorated based on the number of months remaining in thecalendar year. The assessment for the each year shall be set annually by the Board of Directors atleast thirty days prior to the close of the Association's fiscal year, subject to the provisions of thisDeclaration. The Annual Assessment may be later adjusted upon a finding of necessity of theBoard, but in no event shall the amount of the Annual Assessment be adjusted more than twice inanyone year. Written notice of the AImual Assessment shall be sent to every Owner withinthirty days of the Board's determination of the amount of the Assessment, but at least fourteen. days prior to the date upon which the assessment is due. However, in the event that the Boardmakes no change in the amount of the annual assessment. no notice need be sent.The annual assessment shall be payable in equal monthly installments on the first day ofevery month unless an installment is delinquent as outlined below. At its discretion, the Board ofDirectors may establish different payment provisions other than those outlined herein.Any assessment increase by more than twenty-five percent shall require the consent oftwo-thirds of each class of member who are voting at a meeting of Owners wherein the quorumrequirement outlined in these Declarations is followed.C. Special AssessmentIn addition to the almual assessment, The Board may levy any special assessment for thepurpose of defraying, in whole or part, any construction, reconstruction, repair, or replacement ofa capital improvement upon the Common Areas, provided however that any such specialassessment shall have the assent of two-thirds of the votes of each class of Members at a meetingof Owners wherein the notice and quorum requirement outlined in these Declarations isfollowed.1J

31-/7D. Uniform Rate of AssessmentBoth Annual and special assessments shall be fixed at a uniform rate for all Lots.E. Notice and QuorumWritten notice of the annual meeting or other specifically called meetings of Owners shallbe mailed to all Owners not less than twenty (20) days nor more than fifty (50) days in advanceof such meeting. Sixty percent of all Owners shall constitute a quorum. If a quorum is notpresent, another meeting may be called under the same notice requirements, and the requiredquorum at such subsequent meeting shall be fifty (50) percent of all Owners.F. Effect of Non PaymentAll installments of assessments shall become delinquent unless paid within thirty (30)days after becoming due. If an installment is delinquent more than thirty (30) days, the entireunpaid balance of the annual assessment is immediately due and payable. All delinquentassessments shall bear interest of eighteen (18) percent per annum beginning with the due date.The Association may bring an action against the O""ner personally or file a lien against the Lotfor the amount of the unpaid assessments, interest, recording costs, and attorney fees and othercosts of collection. Said liens may be foreclosed upon as provided by law. No Owner maywaive liability for the assessment because of non-use of the Common Areas, abandonment of theLot, any claim that the Association or the Board is not properly exercising its duties and powersunder this Declaration or other reasons.G. Subordination of LienThe lien of the assess

C. "Association" means S. Creek Homeowners Association, Inc., a Colorado Non-profit Corporation and its successor and assigns. D. "Assessment" means all money due the Association from Owners as assessed by the Board of Directors. E. "Board of Directors" means all persons elected by the Owners according to the adopted by laws of the Association.