Information as of Oct. 27, 2026

COVENANTS UPDATE & REVISED DECLARATION

Thank you to everyone who took the time to review the proposed revisions and submit ballots in September. Although the majority of ballots received were in favor of the changes, total participation did not meet the required 75% threshold for approval. The Covenants Working Group has reviewed the comments and concerns received and created an updated draft.

Next Steps: Read and review the revised Declaration, which highlights the specific changes made. Submit your feedback using the online form by November 9, 2026. See a summary of the key revisions and policy updates noted below.

ACTION ITEMS

  1. Read and Review the Revision 1 Declaration*

  2. Submit new suggestions using the Feedback Form by November 9, 2026**

TIMELINE: After the Working Group reviews all submitted feedback, a final Declaration document will be mailed to homeowners at the end of November. A deadline will be noted; please note that the deadline to return your signed document will be strictly enforced due to legal requirements and cannot be changed or extended.

*REVISED DECLARATION

In the Revision 1 Declaration, new wording is highlighted in a red font and deleted text is shown in grey with a strikethrough. Additionally, you can find a summary of the significant changes made since the September 2026 vote listed below.

**FEEDBACK FORM

The Covenants Working Group carefully reviewed all community comments and concerns to make revisions that benefit everyone. We ask that homeowners review the document and submit their new suggestions as needed.

To help us process your suggestions accurately:

  • Provide exact wording: Please share specific text revisions and reference the exact section, rather than submit general comments or opinions.

  • Suggested text: Keep in mind that a majority of homeowners approved the original version. Please align your suggested updates with the overall mission of The Trails HOA community.

STAY INFORMED

If you would like to receive updates and covenant summaries via email and haven’t yet provided your email address to the Board, please submit it using our "Get in Touch" form.

The "Get in Touch" form is our our everyday contact form that allows you to send private comments to the Board, whether related to the Covenants or any other community matter.

KEY REVISIONS AND POLICY UPDATES

  • Article I, Sec 7 - Property: Added properties missing from the original supplemental declaration.

  • Article IV Sec 10 – Application of Payments: Legal change revised by the attorney to comply with updates to Section 316 of CCIOA.

  • Article VII, Sec 4(b)(i) - Rental Cap: Adjusted the rental cap to 15% and updated language based on owner feedback.

  • Article VII, Sec 4(b)(ii) - Vacancy Requirement: Removed the 12-month residency/vacancy requirement prior to leasing based on owner feedback.

  • Article VII, Sec 4(b)(v) - Leasing Requirements: Streamlined and simplified leasing requirements for clarity and ease of compliance.

  • Article VII, Sec 4(d) - Rental Administrative Impact Fee: Removed the Rental Impact Fee based on owner feedback.

  • Article VII, Sec 5 - Pets & Livestock: Removed restrictions on beekeeping based on owner feedback.

MINOR WORDING ADJUSTMENTS IN THESE SECTIONS

  • Article IV, Sec 6 - Landscaping

  • Article IV Sec 11 - Effect of Non-Payments

  • Article VII, Sec 7 - Water-Wise Landscaping

  • Article VII, Sec 11 - Garages

  • Article VII, Sec 15 - HVAC

Rules & Bylaws: Minor wording edits will be made as needed across governance documents to ensure full consistency with the new Declaration.

Copies of the September 2026 version of all three covenant documents are listed below.

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Information posted in August 2026

Objectives for Updating the Covenants:

  • Align with federal, state, and local laws

  • Preserve and enhance property values

  • Strengthen enforcement and reduce risk

  • Promote fairness, transparency, and community harmony

Our community is governed by three documents: the Declaration (our Covenants), the Bylaws, and the Rules and Regulations. The Declaration requires approval by at least 75% of all homeowners in the community. Although irrelevant to this vote, Colorado law requires we inform you that quorum is 25% of the votes entitled to be cast on the matter in person or by proxy. The Bylaws and Rules do not require a vote, they are adopted and may be amended in the future by the HOA Board.

HOA Declaration

HOA Bylaws

HOA Rules

Additional Details

Why change the Covenants? The current Covenants are outdated and no longer comply with 2022 Colorado state laws, as they were last updated approximately 30 years ago. It is therefore crucial that we bring our governing documents into compliance.

Why do Covenants matter for a Self-Managed HOA? The Covenants help protect property values, preserve the neighborhood's character, and provide the Board with a clear, consistent way to operate. For 30+ years, the Board has been self-managed with volunteer participation managing themselves in a cost-effective manner.

Are Covenants and an HOA required? Our HOA is a non-profit corporation, as amended and restated in Jefferson County, and we are legally required to have a managed HOA and community rules. The alternative to having a volunteer Board is to hire an outside HOA management company which will increase fees for owners.

What If the Vote Does Not Pass? If a homeowner votes against it, we kindly request that they provide us alternatives to the policy they don’t support. Our goal is to make the Covenants work for everyone while being in compliance with the State of Colorado.