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It is the intent of the Board of Directors (the “Board”), by their approval of these Guidelines, that the property known as Blue Mesa Subdivision in Gunnison County be developed and maintained as a highly desirable, rural, residential and recreational area. It is the purpose of these Guidelines (1) to protect the property values and amenities in connection with the uses and structures permitted, (2) to maintain high standards of architectural quality, and (3) to maintain the natural beauty, natural growth, and native settings and surroundings of the Subdivision.

Section 1. Creation of Architectural Control Committee.

There shall be an Architectural Control Committee (the “Committee”) consisting of three (3) persons appointed by the Board to exercise the controls and powers assigned in this Policy. The purpose of the committee is to protect and promote the value of the properties in keeping with the Architectural Control Guidelines. The Committee may meet in person, by telephone, or by mail for the purpose of conducting its business and will keep the Board advised as to Committee actions regarding plans submittal, approvals and disapprovals. At least two (2) members of the Committee shall be sufficient for all decisions. A Committee representative will present a report of the Committee’s action at each Board meeting.

The Committee shall retain complete written records of all requests for approval submitted to the Committee, all actions of approval or disapproval and all other actions taken under the provisions of this policy for a period of five (5) years.

The Committee and the Board shall not be liable for any damages to any person or entity submitting plans for failure to act, failure to approve, or disapprove plans. Any person or entity acquiring the title to any property in Blue Mesa Subdivision, or any person or entity submitting plans to the Committee for approval, by so doing agrees that he/she/it will not bring any action or suit to recover damages against the Committee or Board, their members as individuals, their advisors, employees or agents.

Section 2. Plans.

All plans and specifications shall be submitted to and approved by the Committee before any improvements, including, but not limited to, storage sheds, garages (heated or unheated), utility buildings, horse barns, or additions to any structure, or changes in exterior finishes or color schemes, shall be started, installed, built or erected on a lot. Plans must be complete and have an engineer stamp, before they will be considered. Plans must be approved by the Committee before a building permit will be issued by Gunnison County.

In addition to the complete set of architectural plans and specifications for such building or structure, the following must also be submitted: a site plan showing the location of any improvements and descriptions of exterior materials for walls and roof and color schemes for building plans.

The exterior of buildings must be logs, natural wood siding, or a cement fireproof material that has the appearance of a natural wood product as approved by the Committee. The roof surface will be constructed of steel and shall be non-reflective. Stone may be used around foundation and stem walls. Both roofs and exterior walls shall be colors that blend with the local environment and receive approval by the Committee.

Until receipt by the Committee of all required Plans and Specifications and other information, the Committee may postpone review of anything submitted for approval.

Section 3. Review of Plans.

Upon receipt of all required submittals, the Committee shall approve, disapprove, or approve with conditions, the construction of the proposed structure within thirty (30) days. Failure by the Committee to act on plans submitted to it within thirty (30) days shall be deemed to be approval thereof, unless additional information was requested from the owner.

The Committee shall disapprove any plans submitted which are not sufficient for it to exercise the judgment required by these Guidelines. The Committee will indicate what additional information is needed and a new time period will commence when the required data is received. A disapproval may be appealed to the Board.

Changes in building plans which would result in exterior construction differing from the original plans shall be resubmitted to the Committee for re-approval or rejection.

A building must be dried-in (meaning that all exterior surfaces are completely finished, i.e. foundation, floor, framing, windows, doors, siding, roofing) within three (3) years of approval.

Section 4. Variances.

The Board shall have the authority to grant a variance from the requirements of these Guidelines as long as such variance is in compliance with the purpose of the Covenants. The Board, at its discretion, may delegate this responsibility to the Committee. The Association must keep a record of all variances granted and the reasons therefor.

Section 5. Construction Requirements.

In addition to the requirements listed above, the Committee shall provide the Property Owner with a check-list of construction requirements, which shall include, but not be limited to the following:

  1. Construction vehicles including but not limited to front end loaders, bulldozers, dump trucks, back-hoes, compressors, trailers and related equipment, will not be allowed to be parked on building site or lot except during active on-site construction. “Active on-site construction” means that people are on site performing construction work.

  1. Contractor shall provide portable toilets for construction workers. The clubhouse is not for contractor use.

  1. Dogs belonging to construction workers must be leashed or under voice control and remain on the construction site at all times.

  1. Trash containers must be provided and proper removal of both construction debris and personal trash must be ensured.

Section 6. Replacement of Existing Exterior Finishes. Any repairs to or replacement of any exterior finishes on any structure within the Subdivision must utilize the same or substantially similar materials. If the Property Owner desires to change any exterior finishes, said changes must comply with these Guidelines and the Protective Covenants and be approved by the Committee.

Other requirements relative to square footage requirements, storage of building materials, garages and barns as contained in the Protective Covenants shall be enforced.

In witness hereof, the undersigned has executed this Architectural Control Guidelines Policy the 17th day of October, 2009.


Original Signed by Bud Fuller