Bent Tree Declarations of Protective Covenants

Three versions

Bent Tree has three versions of Declaration of Protective Covenants, one for Bent Tree I and II, one for Bent Tree III, and one for Bent Tree IV and V.  Principal differences pertain to architectural standards and water management.  The versions are similar in matters of property appearance, nuisance behavior, and covenant enforcement.  

Covenants for Filings 1 & 2
Official 1/2 or Searchable Version

Filing 1: Lots 1-63 -- Scottswood Drive, cul-de-sacs off Scottswood Drive, and northern Charter Pines Drive to Lots 30 and 31.

Filing 2: Lots 64-124 -- Charter Pines Drive not in Filing 1, the cul-de-sacs off Charter Pines Drive, eastern Colonial Park Drive to Lots 117 and 118, and Viscount Court.

Covenants for Filing 3
Official or Searchable Version

Filing 3: Lots 125-196 -- Colonial Park Drive not in Filing 2 and the cul-de-sacs off Colonial Park Drive, except Burgundy Court.

Covenants for Filings 4 & 5
Official or Searchable Version

Filing 4: Lots 197-251 -- Queensmere Drive and its cul-de-sacs.

Filing 5: Lots 252-257 -- Burgundy Court.

Rules and Regulations

This document is intended to be helpful to Bent Tree owners and residents in understanding what is expected, to promote consistent interpretation and enforcement of the Covenants, and to define the BTPOA's policies and procedures consistent with Colorado law.  View Rules and Regulations.

Covenant Administration and Enforcement

The BTPOA administers and enforces its covenants through three bodies.  Contact committee chairperson.

 Architectural Control

The Architectural Control Committee (ACC) deals with matters of real estate (the design and construction of anything on the property from house to mailbox).    Its processes are described in the Declarations of Protective Covenants and in the ACC information and forms on this web site.

The ACC is elected by the association membership.

ACC Forms and Actions Log

Water Augmentation

The Water Augmentation Committee deals with safeguarding our supply of water and complying with Colorado Water Court decrees.  Water management includes corporate responsibility (water augmentation) and individual property owner responsibility (irrigation and pools).  

The Water Augmentation Committee is designated extension of the Board of Directors

Covenant Compliance

The Covenant Compliance Committee (CCC) deals with matters of appearance and nuisance behavior. 

The CCC is designated extension of the Board of Directors

Miscellaneous

Vehicle Parking Vote March 2011.

Condensed Protective Covenants.  This condensed version of the Bent Tree Protective Covenants is provided for quick reference. 

Filings.  Is a lot in Filing 1, 2, 3, 4 or 5?  Narrative definitionMaps

Renewal and Changing Covenants.  See Paragraph 24 in the respective Declaration of Protective Covenants.  This process could result in different covenants within Bent Tree in ways other than architectural.

Display of the American Flag

Bent Tree covenants do not address the display of the American flag, therefore the BTPOA does not have enforcement authority.  The following information is presented as a service for Bent Tree residents based upon past interest in the topic.  (The covenants do require that flagpoles be approved by the Architectural Control Committee.) 

Federal Law.  The following two extracts from the Congressional Research Service Report to Congress, The United States Flag:  Federal Law Relating to Display and Associated Questions, address issues that have come up in Bent Tree.  Please see the report for additional information.

Display of the Flag 24 Hours a Day:  There is no absolute prohibition in federal law on flying the flag twenty-four hours a day. The Flag Code states: "It is the universal custom to display the flag only from sunrise to sunset on buildings and on stationary flagstaffs in the open. However, when a patriotic effect is desired, the flag may be displayed 24 hours a day if properly illuminated during hours of darkness."  There are eight sites in the United States where the flag is flown day and night under specific legal authority: Fort McHenry National Monument, Baltimore, Maryland; Flag House Square, Baltimore, Maryland; the United States Marine Corps Iwo Jima Memorial, Arlington, Virginia; Lexington, Massachusetts; the White House; the Washington Monument; United States Customs ports of entry; and Valley Forge State Park, Pennsylvania. The reports that accompanied these official acts indicate that the specific authority was intended only as a form of tribute to certain historic sites rather than as exceptions to the general rule of the Code.  As a matter of custom, and without specific statutory or official authorization, the flag is flown at night at many other sites, including the United States Capitol. It would seem that display of the flag in a respectful manner with appropriate lighting does not violate the spirit of the Flag Code since the dignity accorded to the flag is preserved by lighting that prevents its being enveloped in darkness.

Flying the Flag During Inclement Weather:  The Flag Code states:  "The flag should not be displayed on days when the weather is inclement, except when an all weather flag is displayed."  The language of this section reflects the now-popular use of flags made of synthetic fabrics that can withstand unfavorable weather conditions. It is not considered disrespectful to fly such a flag even during prolonged periods of inclement weather. However, since the section speaks in terms of “days when the weather is inclement,” it apparently does not contemplate that on an otherwise fair day, the flag should be lowered during brief periods of precipitation.

Colorado Law (Colorado Common Interest Ownership Act (CCIOA)).

...an association shall not prohibit any of the following:  (a) The display of the American flag by a unit owner on that unit owner's property, in a window of the unit owner's residence, or on a balcony adjoining the unit owner's property if the American flag is displayed in a manner consistent with the federal flag code, P.L. 94-344; 90 STAT. 810; 4 U.S.C. 4 TO 10. The association may adopt reasonable rules regarding the placement and manner of display of the American flag. The association rules may regulate the location and size of flags and flagpoles, but shall not prohibit the installation of a flag or flagpole. (b)...