1. How is the Metropolitan District authorized to perform Covenant Enforcement?
a. The Bent Grass Metropolitan District is authorized by its Service Plan and by an assignment noted below to perform Covenant Enforcement in the Residential Neighborhoods.
b. The Residential neighborhoods have Declarations of Covenants that were assigned by the Developer, Rivers Bent Grass, LLP (land owner), to the Bent Grass Covenants LLC, a Colorado Not for Profit Corporation. The Metropolitan District adopted a resolution on August 4, 2020, recognizing that under Colorado Statutes, a district can enforce covenants, but the Bent Grass Metro District limited its enforcement to only funding the costs and expenses of covenant enforcement, including the adoption of penalties and charges and shall have no obligation to hear and resolve covenant disputes. The District has appointed the directors of the Bent Grass Covenants entity.
c. The Bent Grass Covenants entity has bylaws that provide for at least 3 directors. The number of directors in the Bent Grass Covenants entity can be increased by a vote of the non-profit's directors.
2. Is there a Committee that handles the residential covenant enforcement?
Yes. A three-member committee, the Bent Grass Covenant Committee, was established, which is the same as the board of the Bent Grass Covenants entity.
3. What are the roles and responsibilities of the Covenant Committee Members?
Covenant Committee Members take on the role of reviewing any Architectural Submissions submitted outside of the scope of the governing documents. They also review violation status and any disputes with violations.
4. What is the difference between the Covenants, Conditions, and Restrictions (CCRs) and the Design Guidelines?
The CCRs are legal, recorded documents against the land that set a standard for the Community. The Design Guidelines support the CCRs and can more easily be amended to clarify the governing CCRs. There are 2 separate CCRs recorded within the Bent Grass Community and are treated as such. You may view these documents on “District Resources”.
5. What are the steps to Amend the Residential CCR’s?
As Defined in the Residential CCRs - Section 10.03 Amendment of Declaration by Owners. Except as specifically set forth in Section 9.04(a) or as otherwise provided in this Declaration, and subject to the written approval of Declarant during the Period of Declarant Control, any provision, covenant, condition, restriction, or equitable servitude may be amended, modified or added upon approval by Owners with at least sixty-seven percent (67%) of the voting power of the Community Area.
6. What are the steps to Amend the Design Guidelines?
The Residential Covenant Committee’s directors that are in the Bent Grass Covenant LLC can consider neighborhood proposals to make recommended amendments to the Design Guidelines. After review by the Residential Covenant Committee, those recommendations are sent to the Bent Grass Metropolitan District Board to review and adopt. The Design Guidelines cannot alter provisions of the Residential Covenants.
7. When were the Covenants adopted for the Residential Subdivisions?
a. The Bent Grass Filing No. 1 Covenants were adopted and recorded with the County by the landowner on June 11, 2015.
b. The Bent Grass Filing No. 2 Covenants were adopted and recorded with the County by the landowner on December 2, 2020. Copies of both sets of Covenants can be found on the District’s website under “District Resources.”
8. When were the Design guidelines adopted for the Residential Subdivisions?
The Design Guidelines were reviewed and proposed by the Residential Covenant Committee to the Bent Grass Metro District Board for approval in May of 2023 during a public meeting.
9. Can the Bent Grass Metropolitan District enforce parking on public right of ways?
Yes. District legal counsel has advised the Metropolitan District Board they have the authority to enforce parking on public rights of way.
10. Is the Metropolitan District utilizing Covenant Enforcement fines for operations?
No. The Metropolitan District does not budget their funding based on collection of fines. The District’s primary source of funding is property tax revenue.