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Covenant Enforcement 

A path lined with greenery and ornamental grasses, leading to residential buildings under a clear blue sky.

The Turnberry neighborhood is a covenant controlled community subject to the Community Declaration for Turnberry Meadows (the Declaration). The Declaration document was executed by the Developer of Turnberry neighborhood filed in the Adams County Clerk and Recorder's Office on August 10, 2004. All 484 single family home lots are subject to the Declaration document.

Each lot is subject to the covenants, conditions and restrictions provided in the Declaration. Article X (Owners Maintenance Obligations), Article XI (Restrictions) and Article VII (Architectural Review Committee) contain the specific restrictions applicable to each lot.

Restrictions and Prohibitions Applicable to Lots

Article X and XII of the Declaration Document contains the restrictive covenants. The rules and guidelines contained in the Architectural Guidelines are based on these covenants.

Lot Modifications Requiring ARC Approval

Section 4 of the Declaration Document and the Architectural Guidelines lists the modifications and improvements to lots that require the approval of the Architectural Review Committee.

Architectural Review Committee (ARC)

The ARC is comprised of homeowners and District Management. The ARC Chairperson is appointed by the District's board of directors. Although positions on the ARC are not elected positions, the District's Board has oversight authority over the ARC. (The ARC reports to and receives its rule-making authority from the District's Board.)

The ARC's primary responsibilities include the following:

  1. Review and approve (or deny) written architectural requests submitted by homeowners;
  2. Maintain and update the Architectural Guidelines and Standards for the neighborhood;
  3. Monitor homeowner lots to ensure compliance with the Architectural Guidelines and Standards.

Common Lot Maintenance Violations

The nine most commonly noted violations within neighborhoods are as follows:

  1. Excessive weeds in the rockbeds and planters
  2. Turf disrepair (i.e. bare dirt areas or significant thinning of the grass)
  3. Low overhanging tree branches over the street and/or sidewalk (City ordinances require branches be trimmed up to 8 feet)
  4. Excessive weeds in the lawn
  5. Failure to move trash cans to the backyard or garage
  6. Excessive oil stains in the driveway
  7. Dead/dying trees
  8. Inadequately maintained flower beds and planters
  9. Excessive weeds in the driveway and/or sidewalk section separators

Homeowners who are mindful of regularly monitoring and correcting these types of violations on their lots are much less likely to receive violation notices from the District.

Any questions related to covenants or violations, please reach out via email at bncmetro@crsofcolorado.com or call 303-381-4960.

Rental Properties

Owners are responsible for maintaining their Lots in a manner that reasonably complies with the covenants and restrictions contained within the Declaration Document. The Board holds Owners who rent or lease their homes responsible for the reasonable maintenance of their lots—regardless of any contractual maintenance arrangements that may exist between such Owners and their renters or their property management companies.

Owner Responsibilities

The Board expects Owners, who use the lots as their primary residence, to be responsible for the reasonable maintenance of their lots—regardless of the Owners’ business, vacation or other schedules that may cause the Owners to be away from their lots for extended periods of time. Also, Owners are responsible for being familiar with the covenants and restrictions contained within the Declaration Document and the Architectural Guidelines and the Board’s interpretations of the various covenants and restrictions as provided in the Board’s Covenant Violation Guidebook.

Enforcement Process

The District Board, through its management company, performs neighborhood inspections approximately two times per month. For all lot violations noted during neighborhood inspections, the District will send out letters notifying the owners of the nature of the violation and the date on which it was observed. In addition, homeowners are subject to fines when recurring violations of the same type are identified on their lots.

The notice and fine schedule for covenant enforcement is as follows, and the full Covenant Enforcement Policy can be found here: 

Covenant Enforcement Policy - Updated 7.15.2026.pdf

 

NOTICE TYPE DETAILS OF NOTICE
Courtesy Notice First Violation and Notice of Opportunity to be Heard
First Notice and Identification of Fine to be Imposed if Violation Not Cured First Notice of Continuous or Repetitive Violation – Identifying violation of covenant, rule and regulation, or restriction and whether violation is continuing or a repeat of a prior violation
Second Notice and Imposition of Fine of $50.00. District may proceed with recording Notice of Non-Compliance or Suspension of Access to Community Facilities Second Notice of Continuous or Repetitive Violation – identifying violation of covenant, rule and regulation, or restriction and whether violation is continuing or a repeat of a prior violation
Third Notice and Imposition of Fine of $100.00. District may proceed with recording Notice of Non-Compliance or Notice of Lien, if not yet recorded. Suspension of Access to Facilities may be Extended or Imposed. Third Notice of Continuous or Repetitive Violation – identifying violation of covenant, rule and regulation, or restriction and whether violation is continuing or a repeat of a prior violation
Fourth and Subsequent Notices Additional Fines of $100.00 for every 30 days that the violation remains or is again repeated. Property Account may be referred to the District’s attorneys for further enforcement action and/or fine collection

The Board may file a Notice of Non-Compliance or a covenant lien against any property within the District where a violation remains uncorrected subsequent to the issuance of a Second Notice. The Board may consider any criteria in determining whether and when to record a Notice of Non-Compliance or covenant lien against any property. Such criteria may include recommendations submitted by the District Manager and/or a committee. All costs incurred by the District related to filing Notice of Non-Compliance or covenant liens will be charged back to the respective Property Accounts.

No limit exists on the amount of fines that may be imposed in accordance with this Resolution for failure to comply with the District’s governing documents. Property Accounts with accrued, unpaid fines may be turned over to the District’s attorneys for collection in accordance with the Board’s collection policy and Colorado law. Pursuant to Colorado law, the Board may give notice to Owners having fines against their properties, of the District’s intent to certify outstanding fines to the County Treasurer for collection with property taxes. This notice will be given prior to the Board’s certification of delinquent fines to the County Treasurer. The County Treasurer may impose fees for collecting the delinquent fines. The fees will be added to the certified balance.

Black-out Period & Reset Conditions for Yard Maintenance

Yard maintenance deficiencies specifically related to (1) lawn mowing, (2) weeds, and (3) turf disrepair are subject to violation notices between May 1st and October 31st. For the 6-month period between November 1st and May 1st, violation notices will not be issued for such deficiencies. Yard maintenance-related violations that remain open as of October 31st will be carried forward and treated as a continuous violation when such deficiencies continue to exist and are subject to inspection beginning after May 1st. Conversely, yard maintenance-related violations that are closed as of October 31st will not be carried forward and classified as a
continuous violation when new yard maintenance deficiencies become subject to inspection again beginning on or after the subsequent May 1st.

Hearing

Homeowners who receive violation notices may request a hearing before the District's board to present evidence, testimony and present witnesses to support their case. Homeowners must submit their request for a hearing within 10 days of the date of the courtesy notice / warning letter.

A request for a hearing can be submitted via email or via regular mail to the District Manager.

Changes to or Termination of the TURNBERRY Declaration Document

Homeowners may conduct a vote in accordance with the Declaration Document to change or terminate the covenant-controlled community. In accordance with the Colorado Common Interest Ownership Act (Section 33.3 of the Colorado Revised Statutes) and Section 14.8 of the Declaration Document, approval from 67% (or 550) of the 821 lot owners within the Turnberry neighborhood must be obtained to pass any proposed changes to or termination of the Declaration Document.

Disclaimer - Additional Information

The information contained on this page is incomplete and only intended to be a summary of certain key provisions of the District's Covenant Enforcement Policies and Procedures and the District's Collection Policies and Procedures. Homeowners are responsible for carefully reviewing the District's policies and procedures (posted in the public document library on this website) to understand the District's and homeowners' respective responsibilities and rights regarding the enforcement of covenants, conditions, restrictions, rules applicable to the use and enjoyment of their properties.