SECTION III: COVENANT RESTRICTIONS 

Taken together, the covenants for all units share a great deal in common as well as certain restrictions that are unique or shared by only a few units.  The ACC enforces the spirit and intent of the covenants as revealed by all of the covenants taken together and applies it uniformly to all units.  The ACC has prepared a series of Design Guidelines covering some of the more common covenant requirements.  Where the covenants for a specific unit include specific unique prohibitions, those prohibitions take precedence over the Design Guidelines and are enforced accordingly by the ACC.

Please review the Declarations of Restrictions for your Unit and then follow the ACC’s Design Guidelines as provided herein.  

GENERAL RESTRICTIONS 

The following restrictions apply in general to all units:

  •  Setbacks establish the minimum areas of open space.  Generally, the requirements are 45 feet from any lot line bordering on a street and 15 feet from side and rear  lot lines.  Different setbacks are established for certain units.

  •  Native vegetation is to be left undisturbed where practical and restored if disturbed.
  •  Building height is restricted to no more than 26’ and full two-story structures are prohibited.  Restrictions are tighter in certain units.
  •  Areas enclosed by walls and fences must be adjacent to buildings and kept at a minimum in order to retain the maximum open space. 
  •  The style or design of residences must be in harmony with their surroundings.  Generally, that which is harmonious is that which tends to blend into the natural terrain and vegetation, mimicking the colors and shapes of the landscape. Structures that blend with their surroundings are acceptable, those that stand out from their surrounding are not.
  •  Exterior lighting must conform to the Bernalillo County light pollution ordinance.

 PROHIBITED FEATURES AND SPECIFICATIONS

 The following design practices are prohibited:

  •  White or light colored siding with a light reflective index lighter than El Rey's "Cameo".
  •  White or light colored roofs and high-gloss roofs.
  •  Colors, textures, materials, and finishes not in harmony with the natural landscape. 
  •  Unscreened equipment such as heating and cooling equipment, propane tanks, antennas, etc.
  •  Non-drought-tolerant lawns exceeding 500 square feet.
  •  Translucent or transparent garage doors.
  •  Grouping of vegetation to form a screen.
  •  Chinese elms, Cotton-bearing Cottonwoods, Russian Olive, Tamarisk (Salt Cedar), Siberian Elm, Box Elder Willow, Tree of Heaven, Silver Maple, Lombardy Poplar,  Ponderosa Pine, Mulberry and Bermuda grass.
  •  Signage not in compliance with the relevant restrictions.
  •  Undue obstruction of views.
  •  Disturbance to arroyos and diversion of surface water runoff out of established courses.
  •  Antennae that extend more than five feet (5') above the building roof.
  •  Unscreened TV satellite dish antennas greater than one (1) meter in diameter.
  •  Unscreened storage sheds.
  •  Walls or fences higher than six feet (6').
  •  Unfenced swimming pools.
  •  Wire, chain link, plastic, or vinyl fences or unfinished concrete block walls.
  • Residences smaller than the applicable covenant minimum.

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