|Fairway West Homeowner Website
|Frequently Asked Questions
My Real Estate Agent didn't tell me about covenants when I bought my house - so am I still obligated to
Yes. The covenants are attached to your Property Title. When you signed the Warranty Deed in order to buy the
property you also agreed to obey the Covenants. The Warranty Deed states that you agree to any Covenants
recorded at the Larimer County Clerk's office against your property. Encumbrances on a property title do not
disappear because you were not informed they exist. Rights of way, liens and covenants are all encumbrances on your
property title that are on file at the Larimer County Clerk's office.
Someone told me the covenants expired. Did they?
No. They are perpetual and do not go away unless a majority of property owners record an instrument with the Clerk
and Recorder of Larimer County to eliminate the covenants. They had an initial period of twenty years and than renew
every ten years unless amended or eliminated by the property owners.
Since there is no HOA (Home Owners Association) who can make me comply with the covenants?
There are two ways the covenants may be enforced. One is by an Architectural Control Committee (ACC) appointed
by a majority of property owners. Another way is by any other individual who owns property in the subdivision. The
Covenants specifically provide for enforcement by other property owners through a court process.
In addition, many lenders have a clause in their loan documents that states you will comply with the covenants or deed
restrictions on the property. If they discover there is a gross violation (like a significant improvement not allowed or
using your home as a significant commercial business) they can call the note.
Many insurance companies may also cancel homeowner policies or refuse to pay for damages if they discover your use
of the property or improvements made to it were contrary to the Covenants recorded on your Deed.
See your home's
and an aerial
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