Covenants, Conditions & Restrictions
Please note: This draft of the CC&Rs is very much in-process and is currently being edited and amended by our attorney. We understand there are significant legal and practical issues that are not yet addressed here and we will continue to update this page as these documents are completed. Please send us your feedback!
Polestar Community Owners Association (PCOA)
Covenants, Conditions, and Restrictions
“Spirit, Community and Lifelong Learning”
Welcome to Polestar Village. Polestar is an ‘intentional community’ based on universal principles that govern human happiness, meaning and fulfillment. These principles, which are found in many spiritual, religious and philosophical traditions, are intended to guide and support the continuous physical, mental, and spiritual development of each human soul.
We sincerely hope your time with Polestar, whether a few minutes or a lifetime, is filled with joy and a sense of hope for humankind. We look forward to deepening our friendships together.
Introduction
Overview of Polestar Village / Polestar Community
Polestar Village and Polestar Community are created by Polestar Gardens, Inc. (an educational non-profit 501c3) to express its essential values: Spirit, Community and Lifelong Learning. The guidelines, CC&Rs, bylaws, articles, and other documents are designed to perpetuate these principles in all their expressions.
The relationship between Polestar Gardens, Inc., Polestar Village and Polestar Community should be treated as indivisible, subject to these documents. Every effort is made to ensure that these central principles are kept fresh, dynamic, and relevant to daily life.
Polestar’s underlying values are based on cooperation, collaboration, inclusivity, trust, and mutual service. Polestar embraces the philosophy of “each for all and all for each” as the most practical and effective approach to human prosperity. We understand that our essential interdependence with each other, our planet and all of life requires an expanded view of ourselves.
In communities, it is the culture primarily, rather than the written governance documents, that guides the day-to-day flow of decision making. Our goal for community culture is that each owner and resident of Polestar, whatever their financial status or ownership position, be honored as having a stake and a voice in the community; each voice matters; and each voice is heard. Along with this, we want to acknowledge all the qualities, talents and skills that make real cooperation possible (and rare!): emotional maturity, goodwill, respect, compassion, leadership, humility, kindness, forgiveness and
so much more. Because these qualities are often found wanting in all of us, (and no form of governance can save us from their absence), we especially seek to create a community culture that supports each individual’s cultivation of these qualities. We see this ‘inner work’ as our primary individual responsibility and most enduring contribution to each other and our communities.
We hope and expect our ongoing decision-making process to be based, if not on consensus, at least on consent. This is the essence of cooperation: that we include differing points of view but are mature enough to be supportive and are able to move forward, even when our own opinions are not given first priority. When we ask the question- “What is trying to happen?”- we can look beyond our own biases and see a larger reality, inclusive of others’ energy and ideas. Cultivating inclusivity is hard work and its success will vary with the patience, skill and experience of the specific individuals involved. Nevertheless, it is an essential ideal, and by continuously striving toward it, we will created the most fully-engaged and dynamic community possible. Written governance agreements often come into sharp focus during times of conflict. In the absence of cooperation and consent, after every effort has been made to reach it, our documents will provide practical pathways forward for making essential decisions.
As a strategy for minimizing the potential for conflict, we have tried to be very clear about Polestar’s vision and values.
Polestar is open to anyone who is interested but we ask each potential owner/resident to think deeply about whether its stated values are a ‘fit’ for you. A deep understanding of, and resonance with, Polestar’s values and a commitment to endeavoring to express them in one’s life, will go a long way to creating a thriving and harmonious community.
The Organizational Framework for Polestar is as simple as we have been able to make it and still cover all the bases. It is designed to be fair, inclusive, and functional while preserving the initial inspiration and ideals of the founding educational non-profit, Polestar Gardens, Inc. We believe this structure will allow cooperation and collaboration to flourish and still be fair and functional in times of difficulty.
Polestar Gardens, Inc. is a 501c3 educational non-profit founded in the year 2000. Polestar Gardens currently has 5 directors on its board and the articles of incorporation and by-laws are available here (link). The board selects the officers who are responsible for the day-to-day operations. The current ‘executive circle’ consists of the board, officers, and also countless other volunteers, consultants, advisors, and contributors.
As a way to fulfill its charter, Polestar Gardens Inc. will own and operate the core amenities for Polestar Village: garden, playground, temple, dining hall, etc., and will maintain an ongoing service agreement (link) with the Polestar Community Owners Association (PCOA) to make these amenities and services available to all the residents of Polestar Community.
Polestar Village Holdings LLC, Polestar’s ‘wholly owned’ subsidiary, currently holds title to all the properties of the proposed subdivision. As the subdivision is completed, and parcels are sold, this entity will continue to hold title to all the common properties in the Village Commons.
Polestar Community Owners’ Association (PCOA) is the ‘Primary’ association that will govern and manage all the homes and some of the common areas (those not owned by the nonprofit in Polestar Village). The Polestar Community Council or ‘management circle’ of PCOA will be constituted with representation from each type of housing, an ‘at large’ member, and a representative from the non-profit. The sphere of influence for this group will be property management and maintenance, compliance with CC&Rs, and use of all the common areas not already being managed by the non-profit (open space/detention pond, smaller gardens, walkways, natural area habitat buffer etc.)
PCOA shall assess monthly fees, determined by an annually approved budget as well as special assessments to cover unanticipated expenses related to management and operations of Polestar Community.
Secondary, or ‘Sub’ COAs will be needed for many of the multifamily buildings to manage their own shared responsibilities: common wall agreements, building maintenance, insurance etc.
Each of these Sub-COAs shall assess their residents according to their own internal agreements, and shall make their policies known to their specific residents appropriately.
Polestar Tenants in Common (PTIC) will hold title to the housing directly adjacent to the Village Green. This is a for-profit entity and an excellent investment opportunity, both for those who wish to live at Polestar and for those who simply want to support Polestar while making a solid return on their investment. PTIC shall have its own internal agreements, fees, and assessments per the PTIC internal documents.
Community Life: Social, Cultural and Spiritual
“Too many rules kill the Spirit” – Paramhansa Yogananda
Overview:
Polestar is conceived as a spiritual community that supports each individual’s approach to wholeness, wellness and fulfillment. We have members from many different faiths (and no faith), spiritual traditions, and philosophies and embrace the opportunity to celebrate and learn from our commonalities and differences. Support for meditation, sacred music, community service, and other universal spiritual practices are an essential part of our culture.
The social, cultural, and spiritual values of Polestar are designed to create a safe and uplifting environment for all residents and visitors and all residents will have equal access to shared facilities. Drugs and alcohol, or being under the influence of the same, are strictly prohibited in all common spaces. Our community kitchen and dining hall will be lacto-ovo vegetarian. Each resident is invited and encouraged to participate as fully as possible in all aspects of community life.
All agreements and conditions within Polestar Village are in cooperation with the laws and guidelines for the US, State of Colorado, Larimer County, and the City of Fort Collins. These following agreements are supplemental to the above.
Governance
Decision-making:
A Community Council (or circle) shall guide the ongoing management of PCOA and take responsibility for all management decisions. The council may act as the administrative group for the Community, or hire a property manager to perform the operational functions for the Community. In either case, policy will be established by the Council.
Polestar’s ideal, that decision making and governance be based on cooperation, inclusivity and consent applies especially to the Community Council. In the (hopefully rare) instances where consent cannot be reached, after every effort has been made to find common ground, a vote will suffice for a decision.
The Council shall consist of:
- 2 representatives from the Polestar Community TIC
- 1 representative from the Single Family Homes
- 3 representatives from the Multi-family ownership group
- 1 representative at large
- 1 representative from Polestar Gardens, Inc.
In the case of any tie in decision-making, the Director of Polestar Gardens, Inc. shall have the tie-breaking vote.
Each housing type has its own circle and determines its process for representation to the PCOA.
Community Harmony
No unit owner, resident, or guest shall do, or permit to be done, anything in or about his or her unit or in common areas which will interfere with the rights, comfort, or convenience of other unit owners, it being the intent that Polestar Village shall be a residential community wherein all residents shall live in a peaceful and tranquil environment.
No unit owner, resident, or guest shall cause or permit to be caused any excessively loud noise which shall cause unreasonable disturbance to any other unit owner. Noises penetrating beyond the private property of the unit owner shall not be permitted during community quiet hours as determined by PCOA Council, and found in the Polestar Village Policy Handbook.
Operational Agreements
Common Areas – PCOA
Polestar Community Homeowners’ Association is steward for all the grounds and facilities within the Community that are not otherwise owned. These areas include the pathways and walkways, private alleys, greens, gardens, Natural Habitat Buffer, Detention Pond, and more.
(Not included are the public streets and sidewalks – Orchard, Plum, and Polaris which are owned by the City of Fort Collins; the buildings themselves, and the property immediately around them (5’ perimeter); and the areas, buildings, facilities, and commons owned by Polestar Village).
The guidelines for usage of the common areas of the PCOA will be determined by the PCOA Council, as delineated in the Policy Handbook.
Guests and Visitors
Guests and visitors are a vital part of Polestar Community life, and are warmly welcomed. Polestar considers guests and visitors to be as much a part of the community as owners and residents. As such, guests and visitors are subject to the same agreements accorded residents and owners. Residents and owners shall be responsible for the behaviors of guests and visitors during their time on the property. Should guests or visitors be careless of those agreements, Polestar Community has the right to inform them, and to request they leave the Community should they choose to not cooperate.
Residents and owners shall be liable for any damage or disturbance caused by guests and visitors, as if they were part of the resident or guest’s family.
Subleasing Policy
Subleasing of units is allowed in Polestar Community, but all sub-leases are subject to the Polestar Community CCRs, guidelines, policies, and agreements. All sub-leases must be recorded with the PCOA, and sub-tenants are subject to all ongoing fees, etc., common to other Polestar Village residents, etc.
Percentage of units that are allowed to be leased, rented, or sub-leased is subject to PCOA Council review, and shall reflect the needs of the Community for relationship continuity and resident involvement. Rented/leased units often have more transient populations, which can lead to a less evolved set of Community relations. The PCOA Council reserves the right to restrict this transience to preserve the original intent of creating a Community of deep, long-lasting, cooperative friendships of interrelated individuals.
Drug Agreements
- To maintain the well-being of our community, Polestar Community has established a strict no drugs, or alcohol policy. This policy is designed to ensure the safety, comfort, and tranquility of our neighborhood.
- No alcohol use shall be permitted in common buildings or outdoor spaces. Any alcohol use in private units shall be controlled so as not to cause disturbance to other residents.
- Public intoxication, from alcohol or other substances, is prohibited.
- No illegal drug use shall be permitted in the Polestar Village neighborhood.
- No smoking or vaping shall be permitted in any common buildings or outdoor spaces.
- Residents shall be responsible for the actions of their children, tenants, guests, and visitors.
Firearms Agreement
All firearms shall be locked within the units, unloaded, and registered with the Association. Gun owners shall follow all Colorado State and City of Fort Collins gun laws.
Firearms are not allowed in common or public spaces. Guns being transported across public areas must be unloaded, and in their shipping or transport case.
Access to Common Areas in Polestar Community
The Common Areas within Polestar Community are not dedicated for use by the general public, but are dedicated to the common use and enjoyment of the Owners and Residents of Lots and Dwelling Units located within The Community and such Owners’ Guests and Visitors. Non-resident neighbors are also welcome to participate in community events and access community amenities based on availability and appropriate financial contribution. See community handbook for more details.
All Owners, Residents, and their invited Visitors, and Guests shall cooperate with the Guidelines, Policies, and Regulations.
PCOA has the right to create a non-resident membership, to allow neighbors to have access to community commons grounds and facilities per terms of the non-resident membership policy.
Use of Common Areas in Polestar Community
Polestar Community Commons shall be managed and maintained by the PCOA. Owners, Residents, and Guests shall have access for their own usage and enjoyment. Uses that adversely affect either the property or other residents shall be prohibited. Special uses – such as block parties, garden development or landscape revisions, etc. shall be approved by PCOA in cooperation with those most directly involved and affected by them.
Pets
We understand the joy and companionship that pets bring to life. The Polestar Village pet policy is designed to ensure the comfort, safety, and enjoyment of all community members. Together we can create a place where all residents, with or without pets, can enjoy the beauty and harmony of our community.
City of Fort Collins codes related pets and animals shall underlie all community pet policies.
- The PCOA Council shall address pet issues that are not specifically addressed by City code or this
document.
- Responsible Ownership: Pet owners need to be responsible and considerate neighbors, including taking proper care of your pet: regular exercise, training, and attention to health.
- Cleanliness: Pet owners must clean up after their pets in all common areas and dispose of waste properly. This is a health issue, as well as one of aesthetics.
- Noise Control: Pets must not create excessive noise or disturbances that disrupt other residents. Owners are responsible for addressing excessive barking or other noise issues promptly.
- Leashes Policy: Pets, including cats, must be constrained when outside their owner’s residence, and owners must maintain control of their pets at all times. This is a city ordinance, as well as a Polestar Community policy.
- Registration: Residents must follow all city pet laws including licensing all dogs and cats with the city of Fort Collins. Pets must also be registered with the PCOA, and contact information provided in cases of emergency.
- No animals are to be held in the community for any commercial purpose, excepting the possible training of service dogs.
- Pet Policies
- Number, size, and breeds of pets
Shall be determined by PCOA Committee, and reflect the then current best understanding of Community values and needs. Cats and dogs have a profound impact on wildlife, and part of Polestar’s values are living in harmony with the larger environment.
- Number, size, and breeds of pets
- Exceptions, Variances, and Grandfathering:
Homeowners may seek approval for larger pets under certain conditions. All exceptions to existing pet policies are subject to review by the PCOA Council, or council appointed by the PCOA board specifically for this purpose.- Incoming residents with pets that do not meet existing pet standards may be “grandfathered in,” meaning that they may be allowed to keep their current pets, even if they do not meet standards otherwise in place. This shall be on an individual basis, and subject to approval by the PCOA Council, or pet council. This does not apply, however, to pet replacement, nor to acquiring new pets.
- Visitors with Pets: Residents are allowed to host guests with pets, provided that they adhere to this pet policy during their visit. Specifics shall be determined by PCOA Council
- Complaints and Disputes: In case of disputes or concerns related to pets, residents are encouraged to address them through open and respectful communication. The PCOA Council, or pet council can help mediate conflicts if necessary.
- Violations and Penalties: Violation of pet policies may result in warnings, fines, or other actions as determined by the PCOA Council. However, we strongly believe in education and prefer to resolve issues through cooperation and communication.
- Monthly Charges for pets shall be determined by the PCOA Council.
Contributions and Fees
Polestar Community and Village will provide ongoing management and maintenance along with additional services not usually associated with other developments.
Contributions and fees to cover the cost of these services shall be aggregated and billed monthly by PCOA, and disbursed by PCOA.
These contributions are not separable from community life, and are intractably woven into the agreements for owning and residing in Polestar Community.
Specific fee amounts are to be found in the current PCOA Handbook.
PCOA Contributions
A monthly fee shall be assessed to all community residents and long-term guests, to cover all expenses associated with the ongoing operation and maintenance of the Polestar Community. These fees are established by an annual budget of operational costs and expenditures commensurate with Community life, and shall be adjusted annually to reflect inflation and other economic factors.
The budget shall be approved by the Community Council.
These contributions shall also provide access to common areas and facilities (See Service Agreement between PCOA and PV), including:
- Management & Operations
- Taxes and Insurance
- Maintenance of all common areas and buildings
- Common landscaping and irrigation
- Kitchen and Garden
- High Speed Internet: To provide equal opportunity to high quality communications access, Fort Collins Connexions internet service is connected to each unit.
- Storm Water
- Sidewalks and Trails
- Snow removal
- Trash
- Community Garden
- A set number of meals at the common kitchen per month
- Use of the Village Green
- Community center
- Meditation Temple
- Pickleball Courts
- Agricultural Building
- Membership in car and bike share programs
- Discounts on events open to the larger community.
Polestar Village, a 501c3, educational non-profit, in an effort to make its services more available to Community residents, shall maintain a Work/Trade Opportunity to help offset monthly fees, and to support a culture of service and participation. The terms of this Opportunity shall be dependent upon current financial and operational realities of Polestar Village. These Opportunities shall be managed by the Polestar Village management office, in conjunction with the PCOA billing services.
Sub-COA Fees
Management, maintenance and fees for multifamily properties will be set by each sub-COA, including the PTIC (Polestar Tenants in Common).
One-time Contribution upon Purchase
Each dwelling unit shall be assessed a one-time fee for Polestar Village Common buildings and facilities. This shall be paid at the time of purchase of the finished lot, or finished structure, whichever happens first as follows.
Single Family Lots: $10,000 per unit plus $5 per square foot of the home
Multi Family Lots: $7,500 per unit plus $5 per square foot of the home
These facilities shall include, but not be limited to: Common Hall (with BnB rooms and Rooftop Patio), Garden, Agricultural Building, Pickleball Court, Pathways, Greens, Tot Lot, Gazebo, Carports, Electric Car Share Facilities, Electric Bicycle Sharing Facilities.
Contribution upon Sale of Unit
To facilitate the ongoing development and maintenance of the Polestar Village Commons, property owners shall pay a fee, of 1.5% of the sale price of the unit, to Polestar Village at the time of transfer of title to any property owned within Polestar Community.
Policies
Polestar Community adopts policies, guidelines, and regulations to guide the daily life of the Community. These policies, guidelines, and regulations reflect the application of the values, standards, and service directions of Polestar Community, as applied to the ongoing evolution of Community life.
These shall be binding on all owners, residents, and guests. Such policies and guidelines are for the benefit of the residents, and shall be established through the Polestar Community Owners Association Council, in conjunction with the operating CC&Rs, Bylaws, Articles, and other guiding documents.
These policies are subject to revision, and shall be held for review in the Polestar Community management office. Electronic copies may be requested at any time by Polestar Community Owners and Tenants.
These policies shall be renewed and amended as the PCOA Council sees fit.
Design and Maintenance
Community design is central to both the function of the facilities and to the overall feel and harmony of the Community. It is an evolving reality that is guided by the original intentions in creating Polestar Community, the original designs, and the Polestar Community Design Guidelines, 2023.
Community design and maintenance shall be guided by the Polestar Community Design ‘Circle’. Members of the Design Circle to be designated by appointment of PCOA Council, and their decisions shall be binding.
- Design, Architecture, Development Standards
Polestar Community Design and Development is a conscious process to create an environment that will:
Elevate the consciousness of residents and visitors
Serve residents, guests, and visitors across a lifetime, regardless of age, physical constraints or other conditions.
Harmonize with the larger environment – both manmade and natural.
Evolve over time as needs and understanding grow.
Polestar Village Community Design Guidelines – (clickable link to review collaboration with with CSU Institute for the Built Environment)
All Design and Development decisions shall be overseen by PCOA Council and the appointed Polestar Design Circle with reference to the Polestar Village Community Design Guidelines, 2023 Edition as a primary resource for understanding basic values and principles.
- Fence Policy
Because fences are such a visible and influential aspect of community design, and because they change much more frequently than many other aspects of community design, they are accorded attention in this document as well as in the PCOA Community Handbook.
The purpose of PCOA fence policy is to provide guidelines for the installation and maintenance of fences within Polestar Community and to promote a harmonious and attractive living environment while respecting individual property rights. Fences shall be approved and installed with approval and guidance of the Polestar Design Circle.
Please note: This draft of the CC&Rs is very much in-process and is currently being edited and amended by our attorney. We understand there are significant legal and practical issues that are not yet addressed here and we will continue to update this page as these documents are completed. Please send us your feedback!