Covenants

Since its inception, Pine Brook Hills has always had “protective covenants.” The PBH community was developed in several different increments and there was a separate set of covenants established with each increment. In 2010 the various sets of covenants were consolidated and properly ratified by property owners in all PBH units. The current PBH protective covenants are set out below.

As you will see from reading the covenants, the main purpose of these covenants is to ensure that the residential character and mountain beauty of our community is maintained. This has the additional advantage of maintaining our property values.

The PBH covenants are very much in keeping with the provisions of the applicable Boulder County zoning ordinance. In many instances our covenants impose the same restrictions as the County zoning ordinance. In some cases the PBH covenants are a bit more restrictive and in other cases the County zoning provisions are more restrictive.

The PBH covenants are a matter of public record; they apply to all properties within Pine Brook Hills; they are legally binding on all properties, residents and guests, and individual property owners and the HOA have legal standing to enforce these covenants.

Over the years some people have asked for clarification of various provisions contained in the covenants. In response to this and to assist the Architectural Review Committee in their role in enforcing the PBH covenants, a set of “Community Standards” was drafted and approved by the HOA Board to provide a bit more information and clarity. Here again, there are many parallels between these standards and various Boulder County ordinances that apply to our community.

PBH Revised Covenants, recorded in Boulder County Records January 2011

Covenant Enforcement Process

Pine Brook Hills is a peaceful, friendly, cohesive community. Its residents value the preservation of the natural environment and appreciate the safe, healthy, and beautiful area in which they live. Homeowners agree to abide by the PBH Covenants by becoming residents in the community. PBH Covenants provide a framework for residents to live together amicably and to identify conditions that create a detriment to the community and/or adjacent properties. Most residents comply with PBH Covenants. However, in a few instances, when compliance is in question the Covenant Enforcement Process (adopted by the PBH HOA Board of Directors on August 16, 2016) may be implemented.

Rentals

Pine Brook Hills, by its Covenants and most importantly by the desire of its residents, is a quiet, peaceful single-family owner-occupied residential community. But the HOA sometimes gets the question, under what conditions can I lease my property? The Covenants address this question. Occupancy must remain single-family, and rentals shorter than 30 days are prohibited:

2.6 Lease of a Dwelling Unit.

Any owner shall have the right to lease their dwelling unit upon such terms and conditions as the owner may deem advisable, subject to the following:

  1. The dwelling unit may not be used for hotel or transient purposes;
  2. Any such lease shall be in writing and shall provide that the lease is subject to the terms of this declaration:
  3. A dwelling unit may be leased only for residential use, and no dwelling unit may be leased or rented for a period of less than thirty days. Such lease shall state that the failure of the lessee to comply with the terms of this declaration shall constitute a default and such default shall be enforceable by the Association.

Signs

We love Pine Brook for its beautiful natural mountain environment, but from time to time that environment gets polluted by signs. Of course if you're selling your house, you're welcome to post a "for sale" sign on your property. But other types of signs that we see fairly frequently are prohibited by Boulder County Land Use Code Article 13.

Real estate signs not located on the property for sale are prohibited. This includes directional signs at prominent intersections leading potential buyers to a house for sale. The HOA's longstanding policy has been to remove these signs and leave them under the stairs at the fire house for retrieval by the realtor or homeowner. (We don't remove them immediately, however, so if you put up a directional sign on Sunday morning for an open house and remove it Sunday evening, you'll be fine.)

Freestanding commercial signs are also prohibited. If a company comes to your house to do work (roofing, windows, etc.), they might try to place a sign on your property advertising their services, possibly without even asking for your permission. Please help stop the commercialization of Pine Brook by informing them that these signs are prohibited by Boulder County, and that their sign needs to be removed.

Noncommercial signs are allowed, but they need to be on your property and meet certain size limitations. In particular, any sign more than 6 square feet in area must be set back 15 feet from the front of the lot.

This covers the most common types of signs, but for more details, see Land Use Code Article 13.

Community Standards

Nestled in the foothills of the Front Range of the Rockies, PBH is a peaceful, friendly, cohesive com-munity. Its residents value the preservation of the natural environment and appreciate the safe, healthy, and beautiful area in which they live.

The PBH Community Standards are based on common sense, common civility, and common courtesy. They provide for the health, safety, welfare, quality of life, and quality of environment that residents have come to expect from their community. They promote construction and property use that are sympa-thetic with the environment, encourage conservation, and protect and enhance property values. They provide a framework for residents to live together amicably and help to maintain the residential character of the neighborhood.

The PBH Community Standards are designed to supplement and clarify PBH Covenants, ARC Con-struction Guidelines, and Boulder County’s Planning, Building and Zoning Ordinance, Land Use Code and Land Use Requirements. While consistent with the information provided in the Covenants, Guide-lines, and County Ordinances, the Standards further delineate PBH definitions for compliance.

Community Standards are intended as a guide. 100% compliance 100% of the time is unrealistic. The Standards will serve to support residents when issues do arise, enabling corrections to be made for the good of the community and its residents. Although covenants and standards are usually stated in terms of actions and conditions that are prohibited, the real ethic to be cultivated is preservation and enhance-ment of the safety and natural beauty of our wonderful neighborhood.

PBH Community Standards

Historical Covenants

Historical information about earlier, now obsolete versions of the Covenants is included below for those who are interested in understanding the history behind them. Prior to 2011, PBH was covered by a "patchwork quilt" of seven individual and sometimes conflicting Covenants for seven different "units" of PBH dating from the 1960s. Another unified set of Covenants was developed and recorded in 1992, but it was never ratified by the necessary majority of each PBH unit's lot owners. Here are the earlier, now obsolete Covenants versions: