PONDEROSA PINES – SOME HISTORY
Originally written by Ted Snow – July, 1995
Updated by Bob Pierce – September, 2002
Ponderosa Pines Subdivision
Ponderosa Pines occupies one of the choicest spots inLouisville, a natural setting for one of the town’s finest subdivisions. Ponderosa Pines begins atSouth Boulder RoadandEisenhower Driveand ends with 500 and 501 Eisenhower Drive. BothQuail CircleandQuail Courtare part of it. It is comprised of 63 lots of which 1 is vacant.
On the 6th day of September, 1983, Victor Caranci, subdivider of Ponderosa Pines, land which he owned, signed a contract with the City of Louisville, Colorado, that covered among other things, street improvements and signs, utilities, sewers, drainage, landscaping, pavements, street lights and a bike path. OnFebruary 2, 1984, a plat was filed in the Real Estate records ofBoulderCounty, in the name of Flagstaff Enterprises, Inc. Flagstaff Enterprises Construction, Inc., headed by Vic Caranci’s son, virtually the same company, filed Protective Covenants for Ponderosa Pines Subdivision on June 26, 1985. These Protective Covenants run with the land and bind whoever buys the lots for twenty years (2005), “after which they shall be automatically extended for successive periods of ten years”. (Se Article 8.00 of the Covenants.)
By the time construction began in 1986, the lots in the lower part of the subdivision had changed ownership and the houses constructed built by individual owners. FEC built many of the houses in the upper section. FEC entered into various partnerships with other builders, including Bertron Construction Company and Latham Brothers.
THE EARLY YEARS
During the early years, life in the subdivision was not so good. Muddy streets, trash of construction crews and weeds were overwhelming. The Subdivision contract between FEC and the City was not completely carried out. Streetlights, two layers of asphalt on the streets, a concrete bicycle path and landscaping of the entry area were still to be done. This led to the first episode of neighborhood discussions in 1990.
About that time FEC entered into an agreement with Latham Brothers Construction, Inc., which gave Latham Brothers an option to purchase all vacant lots owned by FEC. Several houses were built by Latham Brothers. When neighborhood meetings began to occur to discuss frustration over the incomplete improvements, Steve Latham offered to help and eventually the City got involved. The result was an agreement among the City, FEC and Latham Brothers, which permitted the City to pay Latham Brothers for the improvements which they completed, using funds that were being held by the City as a result of deposits paid earlier by FEC. The second overlay of asphalt and the street lights were installed under this agreement, but the entryway, bike path and retaining pond remained unfinished.
The group of neighbors who helped implement some improvements, called themselves Ponderosa Pines Homeowners Association, but they were not incorporated. Carroll Meehan of 501 Eisenhower was their elected President.
POLICY CHANGES AND INNOVATIONS
The Protective Covenants authorize the Architectural Control Committee. Originally the committee was three persons from FEC, Inc. FEC handled all architectural matters and several variances were granted regarding the external appearance of homes within the subdivision. For example, in 1993, Bruno Elari sought permission from the ACC to use Laminated Fiber Glasse Shingles in building his home at 502 Eisenhower, rather than the Cedar Shake Shingles as specified in the Covenants. This permission was refused, but Victor Caranci advised Bruno to have a majority of owners sign a petition to approve this change. This was done and the policy was changed, but the Covenants were not amended.
As time went on, Masonite Siding and Vinyl Window Frames were used on several new homes and colors other than “Earthtone” (tans and dark browns) were applied to the exteriors. The Protective Covenants allowed for Waivers and Variances to be granted by the ACC. Innovations were encouraged so long as changes were of high quality and added to the aesthetic appeal of the neighborhood. The Mixture of architectural style and varied color make Ponderosa Pines Subdivision a distinctive and inviting subdivision.
HOMEOWNERS’ ASSOCIATION INCORPORATED
In 1993, Norman Chan, a resident at 1818 Eisenhower, was moved by many neighbors who complained about the negligence of grounds-keeping owners, the deteriorating entryway, improvements not completed and also the recreational vehicles, trailers and boats were not screened. He, with other neighbors, met with the City Manager, the Mayor, the City Engineers and the Councilmen from the Ward. The City made the decision that Ponderosa Pines Subdivision should be completed. They put a freeze on unsold lots by FEC, hoping to get FEC to do the improvements that they had contracted to do. The City had money on deposit for FEC, but it was insufficient. FEC sued the City and won. Nevertheless, the City completed the improvements and landscaped the common areas with a bike path, retaining wall and pond and entryway.
In the course of these events, it was decided to form a Homeowners’ Association. Ponderosa Pines Homeowners Association, Inc., was incorporated as a nonprofit corporation ofColoradoonMay 10, 1994. By-laws were adopted and submitted at the same time. The initial Board of Directors was Ted Snow, K. C. Schneider, Bruce Helart, David Kloepfer and Norman Chan. Ted Snow was the first President succeeded by Carroll Meehan, Tony Smith, Kevin Petty and Craig Dickson, Cheryl Branson, Paul Mako and Stan Coker. Norman Chan was the first Secretary succeeded by Patti Pierce and Bob Pierce, Carol House.
When FEC had no more lots, the Architectural Control Committee was elected by the owners. Now this is done at the annual meeting of the Ponderosa Homeowners’ Association, Inc. and the participants are chosen by the Board and attend Board Meetings.
THE ARTICLES OF INCORPORATION
The Architectural Control Committee is responsible for approving each house and landscaping that is proposed and each modification of existing homes that affects its external appearance. They are charged with the enforcement of the Restrictive Covenants and any violations thereof. After the formation of Ponderosa Pines Homeowners’ Association, Inc., the Covenants have been strictly enforced by the ACC. For example, at one time a resident had a huge Winnebago Camper parked in his driveway that prevented a neighbor from looking out his living room windows and seeing the neighborhood. We have had several cases like this and cases where a tree or a building blocks themountain viewof a neighbor. Garbage, landscaping and fences can also be a problem. To illustrate, the Covenants require that a chain link fence must be covered with wood to be consistent with the neighborhood. The Restrictive Covenants speak to a variety of problems that could downgrade the neighborhood if nothing is done about them.
THE CITY OF LOUISVILLE
In 1973 and 1976, the City ofLouisvillepassed Chapter 17.08.230 which states that a homeowners’ association must be an incorporated, nonprofit organization operating under land agreements through which:
A. Each lot and /or homeowner…is automatically a member;
B. Each lot is automatically subject to a charge for the organization’s activities, and
C. Such charge, if unpaid, becomes a lien against the property.
THECOLORADO SUPREME COURT
The State Supreme Court affirmed the existence of Restrictive Covenants. In a case, Rhue and Family Homes, Inc. v. Cheyenne Homes, Inc…168Colo.P.6, Jan.’69, the Court found that “restrictive covenants placed on land for the benefit of purchasers within a subdivision are valid and not against public policy, and are enforceable in equity against all purchasers.”