HomeMy WebLinkAboutDECLARATIONS OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 08-00023 - Sunrise Dr - Founders Square PH1 Final PlatInstrument # 347064
REXBURG, MADISON, IDAHO
7.3-2008 09:46:00 No. of Paps: 77
Recorded for :UQUEST
MARILYN R. RASMSMUSSSSEN Foe: 111.00
Ex-Oflkiu Retarder DepWY
DECLARATION OF COVENANTS, CONDITIONS, AND
RESTRICTIONS FOR FOUNDERS SQUARE
THIS DECLARATION OF COVENANT'S, CONDITIONS AND RESTRICTIONS FOR
FOUNDERS SQUARE is made effective as of the 16 day of June. 2008 , by
Founders Square, LLC, an Idaho limited liability company ("Grantor" and "Class B
Member").
ARTICLE 1: RECITALS
1.1 Property covered. The property subject to this Declaration of Covenants,
Conditions and Restrictions for The Founders Square Subdivision (the "Declaration")
is property in the County of Madison, State of Idaho, which is more particularly
described in Exhibit A, attached hereto and made a part hereof (the "Property").
1.2 Purpose of Declaration. The Founders Square Subdivision is a residential
development, which Grantor currently intends to develop in accordance with existing
development approvals obtained from the City of Rexburg and documented in the
City's files, or any other development plan(s) for which Grantor may from time to
time obtain approval. Grantor intends to develop the property in phases and apply
this Declaration to all phases. The purpose of this Declaration is to set forth the basic
restrictions, covenants, limitations, easements, conditions, and equitable servitudes
(collectively, the "Restrictions") that will apply to the entire development and the use
of all portions of the Property. The Restrictions are designed to preserve the
Property's value, desirability and attractiveness, and to guarantee adequate
maintenance of the Common Areas, lots or easements and the Improvements located
thereon.
ARTICLE II: DECLARATION
Grantor hereby declares that the Property, and each lot, parcel or portion thereof, is
and/or shall be held, sold, conveyed, encumbered, hypothecated, leased, used,
occupied and improved subject to the following terms, conditions, covenants,
easements, and restrictions, all of which are declared and agreed to be in furtherance
of a general plan for the protection, maintenance, subdivision, improvement and sale
of the Property, and to enhance the value, desirability and attractiveness of the
Property. The terms, covenants, conditions, easements, and restrictions set forth
herein shall run with the land constituting the Property, and with each estate therein,
and shall be binding upon all persons having or acquiring any right, title or interest in
the Property or any lot, parcel, or portion thereof; shall insure to the benefit of and be
binding upon Grantor, Grantor's successors in interest and each grantee or Owner and
such grantee's or owner's respective successors in interest, and may be enforced by
Grantor, by any Owner or such Owner's successors in interest, or by the Association.
Not withstanding the foregoing, no provision of this Declaration shall be construed as
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
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to prevent or limit Grantor's right to complete development of the Property and to
construct improvements thereon, nor Grantor's right to maintain model homes,
construction, sales or leasing offices of similar facilities on any portion of the
Property, including the Common Area or any public right-of-way, nor Grantor's right
to post signs incidental to construction, sales or leasing.
ARTICLE III: DEFINITIONS
3.1 "Architectural Committee." Architectural Committee shall mean the committee
created by the Grantor or the Association pursuant to Article VI hereof.
3.2 "Articles" shall mean the articles of Incorporation of the Association or other
organizational or charter documents of the Association.
3.3 "Founders Square" shall mean the Property.
3.4 "Assessments" shall mean those payments required of Owners and association
Members.
3.5 "Association" shall mean the Founders Square Homeowners' Association, Inc. a non-
profit corporation organized under the laws of the State of Idaho, its successors and
assigns.
3.6'Board" shall mean the Board of Directors or other governing board or individual, as
applicable, of the Association.
3.7 "Building Height" shall mean the dimension measured from the building eve to the
lowest point finished grade at the base of the building.
3.8 "Building Lot" shall mean one or more lots as specified or shown on any Plat upon
which Improvements may be constructed. The term "Building Lot" shall include
single-family residential lots, but shall not include Common Areas.
3.9 "Bylaws" shall mean the Bylaws of the Association.
3.10 "Common Area" shall mean any or all parcels of the Founders Square that are
designated on the Plat as common area easements or lots.
3.11 "Declaration" shall mean this declaration as it may be amended from time to time.
3.12 "Floor Area" shall mean the area of a building as measured between the outside
face of exterior walls, excluding any floor area with less than four feet of head room
between the floor and ceiling.
DECLARATION OF COVENANTS, CONDMONS AND RESTRICTIONS FOR FOUNDERS SQUARE
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3.13 "Grantor" shall mean Founders Square, LLC. and any successor in interest, or any
person or entity to whom the rights under this Declaration are expressly transferred
by Founders Square, LLC. or its successors.
3.14 "Improvement" shall mean any building, structure, facility, or system, or other
improvement or object, whether permanent or temporary, which is erected,
constructed or placed upon, under or in any portion of the Property, including but not
limited to buildings, fences, streets, drives, driveways, sidewalks, curbs, landscaping,
signs, lights, street lights, mail boxes, electrical lines, pipes, pumps, ditches,
recreational facilities, and fixtures of any kind whatsoever.
3.15 "Limited Assessment" shall mean a charge against a particular Owner and such
Owner's Building Lot, directly attributable to the Owner, equal to the cost incurred
by the Association for corrective action performed pursuant to the provisions of this
Declaration, including interest thereon as provided in this Declaration.
3.16 "Member" shall mean each person or entity holding a membership in the
Association.
3.17 "Owner" shall mean the Person, including Grantor, holding fee simple interest of
record to a Building Lot which is a part of the Property, and sellers under executory
contracts of sale, but excluding those having such interest merely as security for the
performance of an obligation.
3.18 "Person" shall mean any individual, partnership, corporation, or other legal entity.
3.19 "Plat" shall mean any subdivision plat covering any portion of the Property as
recorded at the office of the County Recorder, Madison County, Idaho, as the same
may be amended by duly recorded amendments thereof.
3.20 "Property" shall mean those portions of the Property described herein including
each lot, parcel and portion thereof and interest therein, including all water rights
associated with appurtenant to such property.
3.21 "Regular Assessment" shall mean the portion of the cost of maintaining,
improving, repairing, managing and operating the Common Areas and all
improvements located thereon, and the other costs of the Association which is to be
levied against the Property of and paid by each Owner of the Association, pursuant to
the terms hereof or the terms of this Declaration.
3.22 "Special Assessments" shall mean the portion of the costs of the capital
improvements or replacements, equipment purchases and replacements or shortages
in Regular Assessments which are authorized and to be paid by each Owner of the
Association, pursuant to the provisions of this Declaration.
DECLARATION OF COVENANTS, CONDITIONS AND RESIRICTIONS FOR FOUNDERS SQUARE
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ARTICLE IV: GENERAL AND SPECIFIC RESTRICTIONS
4.1 Structures —Generally. All structures are to be designed, constructed and used in
such a manner as to promote compatibility between the types of use contemplated by this
Declaration. It is the intention of this Declaration to foster a consistent and compatible
architectural theme that is based on widely accepted traditional single-family residential
styles as more specifically defined herein.
4.1.1 No improvement, construction, exterior remodel or expansion shall occur
without the prior written approval by the Architectural Committee.
Nothing in this Declaration shall require the Grantor to gain approval from
the Architectural Committee for the development of the property pursuant
to approvals by the City of Rexburg.
4.1.2 Exterior of Dwelling Structure. No change shall be made in the color of
paint, stain, or other exterior finish to a dwelling unit or structure without
prior written approval by the Architectural Committee.
4.1.3 The Architectural Committee reserves the right to establish alternative
setbacks or grant variances from the Design Guidelines in certain
circumstances where it would improve the overall feel and quality of the
community and maintain compliance with the rules, regulations and
ordinances of the City of Rexburg.
4.2 Excavation. No excavation for stone, sand, gravel, earth or minerals shall be made
upon Building Lot unless such excavation is necessary in connection with the
construction of an approved structure thereon. No oil drilling, oil development
operations, oil refining, quarrying, or mining operations of any kind shall be permitted
upon or in or under a Building Lot. No derrick or other structure design for use in boring
for oil or natural gas shall be erected, maintained or permitted upon any Building Lot.
4.3 Antennae. No exterior radio antenna, television antenna, satellite dish antenna,
intemet antenna, cell tower, or other antenna of any type shall be erected or maintained
on the Property except in accordance with the Deign Guidelines below. Notwithstanding,
the pre-existing cell tower located on the common lot shall be permitted to remain and be
operated and altered pursuant to the terms of the lease existing upon the recordation of
this Declaration. Upon termination of the lease, the Grantor, or the Association in the
event the Grantor's Class B membership no longer exists, may extend, terminate or alter
and extend the lease.
4.4 Insurance Rates. Nothing shall be done or kept on any Building Lot which will
increase the rate of insurance on any other portion of the Property without the approval of
the Owner of such other portion, nor shall anything be done or kept on the Property or
Building Lot which would result in the cancellation of insurance on any property owned
or managed by the Association or which would be in violation of any local, state or
federal law.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
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4.5 No Further Subdivision. No Building Lot may be further subdivided.
4.6 Nuisances. No rubbish or debris of any kind shall be placed or permitted to
accumulate anywhere upon the Property, including Common Areas or vacant Building
Lots, and no odor shall be permitted to arise there from so as to render the Property or
any portion thereof unsanitary, unsightly, offensive or detrimental to the property or to its
occupants, or to any other property in the vicinity thereof or to its occupants, as
determined by the Board. All refuse, garbage and trash shall be kept at all times in
covered reasonably noiseless containers which shall be kept and maintained within an
enclosed structure appropriately screened from view, except when necessarily placed for
pick up by garbage removal services. Trash receptacles placed out for collection may not
remain for more than 24 hours. Vacant Building Lots are to be kept in a clean natural
state and grass shall be maintained by the lot owner to prevent noxious weeds and
excessive height of over 8 inches. No noise or other nuisance shall be permitted to exist
or operate upon any portion of the Property sous to be offensive or detrimental to the
Property or to its occupants or to other property in the vicinity or to its occupants, as
determined by the Board. No Owner shall permit any party or other activity in the
Common Area or such Owner's dwelling unit which makes or causes to makes noises
which might tend to unreasonably interfere with the peace and quiet of other Owners or
occupants, as determined by the Board. No offensive noise, language or behavior is
allowed. The term nuisance shall include, but is not limited to any noise or activity that
negatively affects the fair market value of the adjacent property, loudly crowing animals,
and chronic dog barking.
4.7 Exterior maintenance. Owner's Obligations. No improvement shall be permitted
to fall into disrepair, and each improvement shall at all times be kept in good condition
and repair. In the event that any owner shall permit any improvement, including trees and
landscaping, for which the Owner has responsibility to maintain, to fall into disrepair so
as to create a dangerous, unsafe, overgrown, weed infested, unsightly or unattractive
condition or damages property or facilities on or adjoining their Building Lot which
would otherwise be the Associations' responsibility to maintain, the Board upon fifteen
(15) days prior written notice to the Owner of such property, shall have the right to
correct such condition, and to enter upon such Owner's building lot for the purpose of
doing so, and such owner shall promptly reimburse the Association for the cost thereof.
Such cost shall be a Limited Assessment, in accordance with Article VIII of this
Declaration, which Limited Assessment shall be secured by a lien on the Owner's
Building Lots) and such lien shall be enforceable in the same manner as other liens set
forth in Article IX of this Declaration. The Owner of the offending property shall be
personally liable and such Owner's property may be subject to a mechanic's lien for all
costs and expenses incurred by the Association in taking such corrective acts, plus all
costs incurred in collecting amounts due.
4.8 No Hazardous Activities. No activities shall be conducted on the Property, and no
improvements constructed on any property which are or might be unsafe or hazardous to
any person or property, as determined by the Board.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
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4.9 Unsightly Articles. No unsightly articles shall be permitted to remain on any Building
Lot so as to be visible from any other portion of the Property. Without limiting the
generality of the foregoing, refuse, garbage and trash shall be kept at all times in closed
containers and in areas out of sight or as otherwise approved by the Architectural
Committee. No equipment, containers, lumber, firewood, grass, shrub or tree clippings,
plant waste, metals, bulk material, scrap, refuse or trash shall be kept, stored or allowed
to accumulate on any Building Lot except within an enclosed structure or as
appropriately screened from view. No building materials of any kind shall be placed or
stored on a Building Lot until the Owner of such Building Lot or such Owner's builder is
ready and able to commence construction.
4.10 No Temporary Structures. No house trailer, mobile home, tent (other than for
short term individual or visitor use which shall be defined as a period not to exceed seven
(7) consecutive days), shack, or other temporary building, improvement or structure shall
be placed upon any portion of the Property, except non-residential structures are allowed
temporarily as may be required during construction activity undertaken on the Property.
Temporary construction structures shall be removed before occupancy of the residence.
4.11 No Unscreened Boats, Campers and Other Vehicles. No dilapidated or unrepaired
and unsightly vehicles or similar equipment, as determined in the reasonable discretion of
the Architectural Committee, shall be placed upon any portion of the Property (including,
without limitation, streets, parking areas and driveways) unless the same are concealed
from view in a manner approved by the Architectural Committee and using, without
limitation, fencing and/or landscaping. Further, no boats, trailers, campers, all -terrain
vehicles, motorcycles, recreational vehicles, bicycles shall be stored in the area between
the front plane of a dwelling unit on a Building Lot and any street, or in any dwelling unit
setback area.
4.12 Animals/Pets. No animals, poultry or livestock shall be kept on the premises
except domestic animals as specifically provided herein. This paragraph 4.12 does not
apply to the keeping of up to two (2) domesticated dogs and up to two (2) domesticated
cats, and other common indoor household pets which do not unreasonably bother or
constitute a nuisance to others, provided such animals are not kept, bred or maintained for
any commercial purpose. All dogs must be leashed when outside a dwelling unit, except
when in a fenced yard. Chronic dog barking shall be considered a nuisance. Animal
shelters, enclosures or other such buildings must be in architectural harmony with the
dwelling unit on the Building Lot.
4.13 Exemption of Grantor. Nothing contained herein shall limit the right of Grantor to
subdivide or resubdivide any portion of the Property, to grant licenses, to reserve rights-
of-way and easements with the respect to Common Areas, utility companies, public
agencies or others, or to complete excavation, grading and construction of Improvements
to and on any portion of the Property owned by Grantor, or to alter the foregoing and its
construction plans and designs, or to construct such additional improvements as Grantor
deems advisable in the course of development of the Property so long as any Building
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
Lot in the Property remains unsold. Such right shall include, but shall not be limited to,
erecting, constructing and maintaining on the Property such structures and displays as
may be reasonably necessary for the conduct of Grantors business of completing the
work and disposing of the same by sales, lease or otherwise. Grantor shall have the right
at any time prior to acquisition of title to a Building lot by a purchaser from Grantor to
grant, establish and/or reserve on that Building Lot additional licenses, reservations and
right-of-ways to Grantor, to utility companies, or to others as may from time to time be
reasonably necessary to the proper development and disposal of the Property. Grantor
may use any structures owned by Grantor on the Property as model home complexes or
real estate sales or leasing offices. The rights of Grantor hereunder may be assigned by
Grantor to any successor in interest in connection with Grantor's interest in any portion
of the Property.
4.14 Signs. Architectural Committee shall approve all signs in any given phase of the
subdivision during construction until 100% of that phase has been occupied. Grantor
reserves the right to place signs in common areas and rights-of-way where, when and
how it determines as appropriate and necessary until 100% of the entire subdivision has
been occupied. Once a phase is occupied, no sign of any kind shall be displayed to public
view without the written approval of the architectural committee except: (1) such signs as
may be used by Grantor in connection with the development of the Property and sale of
Building Lots/Homes; (2) such signs identifying the Founders Square Subdivision, or
informational signs, of customary and reasonable dimensions as prescribed by the
Architectural Committee that may be displayed on or from the Common Area; (3) one (1)
sign of customary and reasonable dimensions as prescribed by the Architectural
Committee may be displayed by an existing owner. A customary "for sale" or "for lease"
sign not more than three (3) feet by two (2) feet shall not require Architectural
Committee approval. No sign shall be placed in the Common Area without the written
approval of the Architectural Committee.
4.15 Homeowner's Fees and Dues. The Board of the homeowners' Association shall
establish start-up fees and annual dues that may be amended from time to time. The
initial start-up fee shall be $300 per Building Lot or unit in a twin home collected at lot
closing. The initial annual dues shall be $300 per Building Lot.
4.16 Adoption of Rales. The Association, through its Board of Directors, may adopt
reasonable rules not inconsistent with this Declaration relating to the use of the Common
Areas and all facilities thereon, and the conduct of Owners, their tenants, and their guests
with respect to the Property and other Owners.
ARTICLE V: THE FOUNDERS SOUARE SUBDIVISION
HOMEOWNERS' ASSOCIATION. INC.
5.1 Organization of The Founders Square Subdivision Homeowners' Association, Inc.
The Founders Square Subdivision Homeowners' Association, Inc. (the "Association")
shall be initially organized by Grantor as an Idaho non-profit corporation under the
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
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charged with the duties and invested with the powers prescribed by law and set forth in
the Articles, Bylaws and this Declaration. Neither the Articles nor the Bylaws shall be
amended or otherwise changed or interpreted so as to be inconsistent with this
Declaration.
5.2 Membership. Each Owner, by virtue of being an Owner and for so long as such
ownership is maintained, shall be a Member of the Association. The memberships in the
Association shall not be transferred, pledged, assigned or alienated in any way except
upon transfer of Owner's title and then only to the transferee of such title. Any attempt to
make a prohibited membership transfer shall be void and will not be reflected on the
books of the Association.
5.3 Voting. Voting in the Association shall be carried out by Members who shall cast
votes attributable to the building lots which they own, or in the case of the Grantor,
attributable to the Building Lots owned by the Grantor. The number of votes a Member
may cast on any issue is determined by the number of Building Lots which the Member,
including Grantor, owns. When more than one person holds an interest in any Building
Lot, all such persons shall be Members but shall share the vote attributable to the
Building Lot. For voting purposes, the Association shall have two (2) classes of Members
as described below:
5.3.1 Class A Members. Owners other than Grantor shall be known as Class
A Members. Each Class A Member shall be entitled to cast one (1) vote
for each Building Lot owned by such Class A member on the day of the
vote.
5.3.2 Class B Member. Grantor shall be known as the Class B Member, and
shall be entitled to ten (10) votes for each Building Lot owned by Grantor.
The Class B Member shall cease to be a voting member in the Association
on the happening of either of the following events, whichever occurs
earlier:
A) the Class B Member no longer owns a Building Lot or
B) ten (10) years after the date this Declaration is recorded in the
official records of Madison County, Idaho.
Fractional votes shall not be allowed. In the event that joint Owners are unable to
agree among themselves as to how their vote or votes shall be cast, they shall lose
their right to vote on the matter being put to a vote. When an Owner casts a vote,
it will thereafter be presumed conclusively for all purposes that such Owner was
acting with authority and consent of all joint Owners' of the Building Lot(s) from
which the vote derived. The right to vote may not be severed or separated from
the ownership of the Building Lot to which it is appurtenant, except that any
Owner may give a revocable proxy, or may assign such Owner's right to vote to a
lessee, mortgagee, beneficiary or contract purchaser of the Building Lot
concerned, for the term of the lease, mortgage, deed of trust or contract. Any sale,
transfer, or conveyance of such Building Lot to a new Owner shall operate
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
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automatically to transfer the appurtenant voting right to the Owner, subject to any
assignment of the right to vote to a lessee, mortgagee, or beneficiary as provided
herein.
5.4 Board of Directors and Officers. The affairs of the Association shall be conducted
and managed by a Board of Directors (Board) and such officers as the Board may elect or
appoint, in accordance with the Articles and Bylaws, as the same may be amended from
time to time. The Board of the Association shall be elected in accordance with the
provisions set forth in the Association Bylaws.
5.5 Powers and Duty of the Association.
5.5.1 Powers. The Association shall have all the powers of a corporation
organized under the general corporation laws of the State of Idaho subject
only to such limitations upon the exercise of such powers as are expressly
set forth in the Articles, Bylaws, and this Declaration. The Association
shall have the power to do any and all lawful things which may be
authorized, required or permitted to be done by the Association under
Idaho law and under this Declaration, and the Articles and Bylaws, and to
do and perform any and all acts which may be necessary to, proper for, or
incidental to the proper management and operation of the Common Areas
and the Association's other assets, including water rights when and if
received from Grantor, and affairs and the performance of the other
responsibilities herein assigned, including without limitation:
5.5.1.1 Assessments. The power to levy Assessments on any Owner or
any portion of the Property and to force payment of such
Assessments, all in accordance with the provisions of this
Declaration.
5.5.1.2 Right of Enforcement. The power and authority from time to time
in its own name, on its own behalf, or on behalf of any Owner who
consents thereto, to commence and maintain actions and suits to
restrain and enjoin or cure and breach or threatened breach of this
Declaration or the Articles or the Bylaws.
5.5.1.3 Suspend. The right of the Association to suspend any member's
voting right, for any period during which any assessments against
said Member's property remain unpaid, and for a period not to
exceed thirty (30) days for each infraction of its published rules and
regulations.
5.5.1.4 Delegation of Powers. The authority to delegate its power and
duties to committees, officers, employees, or to any person, firm, or
corporation to act as manager, and to contract for the maintenance,
repair, replacement, and operation of the Common Areas. Neither
the Association nor the members of its Board shall be liable for any
omission or improper exercise by the manager of any such duty or
DECLARATTON OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
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power so delegated. At] contracts for management of any Common
Area shall be for a term not exceeding one (1) year, and shall be
subject to review by the Board upon the termination of the Class B
Member.
5.5.1.5 Association Rules. The power to adopt, amend, and repeal by
majority vote of the Board such rules and regulations as the
Association deems reasonable. The Association shall govern the use
of the Common Areas, including, but not limited to, the use of private
streets by the Owners, their families, invitees, licensees, lessees, or
contract purchasers; provided, however, that any Association Rules
shall apply equally to all Owners and shall not be inconsistent with
this Declaration, the Articles, or the Bylaws. A copy of the
Association Rules as they may from time to time be adopted,
amended, or repealed, shall be mailed or otherwise delivered or made
available via the intemet to each Owner. Upon such mailing or
delivery or posting on the intemet, the Association Rules shall have
the same force and effect as if they were set forth in and were a part
of this Declaration. In the event of any conflict between such
Association Rules and any provisions of this Declaration, or the
Articles or the Bylaws, the provisions of the Association Rules shall
be deemed to be superseded by provisions of this Declaration, the
Articles, or the Bylaws to the extent of any such inconsistency.
5.5.1.6 Emergency Powers. The power, exercised by the Association or
by a person authorized by the Board, to enter upon any property (but
not inside any building constructed thereon) in the event of any
emergency involving illness or potential danger to life or property or
when necessary in connection with any maintenance or construction
for which the Association is responsible. Such entry shall be made
with as little inconvenience to the Owner as practicable and any
damage caused thereby shall be repaired by the Association.
5.5.1.7 Licenses, Easements, and Rights of Way. The power to grant
and convey to any third party such licenses, easements and rights-of-
way in, on or under the Common Areas as may be necessary or
appropriate for the orderly maintenance, preservation of the health,
safety, convenience and the welfare of the Owners, for the purpose of
constructing, erecting, operating or maintaining the following:
5.5.1.7.1 Underground lines, cables, wires, conduits or other devices
for the transmission of electricity or electronic signals for
lighting, heating, power, telephone, television or other
purposes, and the above ground lighting stanchions, meters
and other facilities associated with the provisions of the
light and services, and
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
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5.5.1.7.2 Public sewers, storm drains, water drains, and pipes, water
supply systems, sprinkler systems, heating and gas lines or
pipes, and any similar public or quasi -public improvements
or facilities.
5.5.1.7.3 Mailboxes and sidewalk abutments around such mailboxes
or any service facility, berm, fencing and landscaping on
common areas, public and private streets or land conveyed
for any public or quasi -public purpose.
5.5.2 Duties. In addition to duties necessary and proper to carry out the power
delegated to the Association by this Declaration, and the Articles and
Bylaws, without limiting the generality thereof, the Association or its agent,
if any, shall have the authority and the obligation to conduct all business
affairs of the Association and to perform, without limitation, each of the
following duties:
5.5.2.1 Operation and Maintenance of Common Areas. Operate,
maintain, and otherwise manage or provide for the operation,
maintenance and management of the Common Areas.
5.5.2.2 Maintenance of Berms, Retaining Walls and Fences.
Maintain any and all berms, retaining walls, and fences within the
Common Areas.
5.5.2.3 Reserve Account. Establish and fund a reserve account with a
reputable banking institution or savings and loan association or title
insurance company authorized to do business in the State of Idaho,
which reserve account shall be dedicated to the costs of repair,
replacement, maintenance and improvement of the Common Area.
5.5.2.4 Taxes and Assessments. Pay all real and personal property
taxes and assessments separately levied against the Common Areas
or against the Association and/or any other property owned by the
Association. Such taxes and assessments may be contested or
compromised by the Association, provided, however, that such taxes
and assessments are paid or a bond insuring payment is posted prior
to the sale or disposition of any property to satisfy the payment of
such taxes and assessments. In addition, the Association shall pay all
other federal, state or local taxes, including income or corporate taxes
levied against the Association, in the event that the Association is
denied the status of a tax exempt corporation.
5.5.2.5 Water and Other Utilities. Acquire, provide and/or pay for
water, sewer, garbage disposal, refuse and rubbish collection,
electrical, telephone, and gas and other necessary services for the
Common Area, and to manage for the benefit of the Association all
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
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water rights to receive water held by the Association whether such
rights are evidenced by license, permit, claim, stock ownership or
otherwise.
5.5.2.6 Insurance. Obtain insurance from reputable insurance
companies authorized to do business in the State of Idaho, and
maintain in effect any insurance policy the Board deems necessary or
advisable, including, without limitation the following policies of
insurance:
5.5.2.6.1 Fire insurance including those risks embraced by
coverage of the type known as the broad form "All Risk" or
special extended coverage endorsement on a blanket agreed
amount basis for the full insurable replacement value of all
improvements, equipment and fixtures located within the
Common Area.
5.5.2.6.2 Comprehensive public liability insurance insuring
the Board, the Association, Grantor and the individual
grantees and agent and employees of each of the foregoing
against any liability incident to the ownership and/or use of
the Common Area. Limits of liability of such coverage's
shall be as follows: Not less than One Million Dollars
($1,000,000) per person and One Million Dollars
($1,000,000) per occurrence with respect to personal injury
or death, and One Million Dollars ($1,000,000) per
occurrence with respect to property damage.
5.5.2.6.3 Full coverage directors' and officers' liability
insurance with a limit of at least Two Hundred Fifty
Thousand Dollars ($250,000).
5.5.2.6.4 Such other insurance, including motor vehicle
insurance and Workers' Compensation insurance, to the
extent necessary to comply with all applicable laws and
indemnity, faithful performance, fidelity and other bonds as
the Board shall deem necessary or required to carry out the
Association functions or to insure the Association against
any loss from malfeasance or dishonesty of any employee
or other person charged with the management or possession
of any Association funds or other property.
5.5.2.6.5 The Association shall be deemed trustee of the
interests of all Owners in connection with any insurance
proceeds paid to the Association under such policies, and
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
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shall have full power to receive such Owner's interests in
such proceeds and to deal therewith.
5.5.2.6.6 Insurance premiums for the above insurance
coverage shall be deemed a common expense to be
included in the Regular Assessments levied by the
Association.
5.5.2.7 Enforcement of Restrictions and Rules. Perform such other
acts, whether or not expressly authorized by this Declaration, as may be
reasonably advisable or necessary to enforce any of the provisions of the
Declaration, or of the Articles or Bylaws, including, without limitation,
recordation of any claim of lien with the Madison County Recorder, as
more fully provided herein.
5.6 Personal Liability. No Member of the Board, or member of any committee of
the Association, including the Architectural Committee, or any officer of the
Association, or Grantor, or the manager, if any, shall be personally liable to any
Owner, or to any other party, including the Association, for any damage, loss or
prejudice suffered or claimed on the account or any act, omission, error or
negligence of the Association, the Board, the manager, if any, or any other
representative or employee of the Association, Grantor, or any committee, or any
officer of the Association, or Grantor, provided that such person, upon the basis of
such information as may be possessed by such person, has acted in good faith
without willful or intentional misconduct.
5.7 Budgets and Financial Statements. Financial statements for the Association
shall be prepared regularly and copies shall be distributed to each Member of the
Association as follows:
5.7.1 Operating Statements. A pro -forma operating statement or budget,
for each fiscal year shall be distributed not less than sixty (60) days before the
beginning of each fiscal year. The operating statement shall include a schedule of
Assessments received and receivable, identified by the Building Lot number
and the name of the person or entity assigned.
5.7.2 Balance Sheet. Within thirty (30) days after the close of each fiscal
year, the Association shall cause to be prepared a balance sheet as of the
last day of the Associations' fiscal year and the annual operating
statements reflecting the income and expenditures of the Association for
its last fiscal year. Copies of the balance sheet and operating statement
shall be distributed or made available via the internet to each Member
within ninety (90) days after the end of each fiscal year.
5.8 Meeting of Association. Each year the Association shall hold in addition to
any other meetings an annual meeting of the Members, according to the schedule
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
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for such meetings established by the By-laws, provided, that such meeting shall
occur no earlier than February 15 and no later than March 31 each year. Only
Members shall be entitled to attend Association meetings, and all other persons
may be excluded. Notice for all Association meetings, regular, or special, shall be
given by regular mail, or by email if a Member provides an email address, to all
Members, and any person in possession of a Building Lot, not less than ten (10)
days nor more than thirty (30) days before the meeting and shall set forth the
place, date and hour of the meeting and the nature of the business to be
conducted. All meetings shall be held within the Property or as close thereto as
practical at a reasonable place selected by the Board. The presence at any meeting
in person of the Class B Member where there is such a member, and of the Class
A Members representing Owners holding at least thirty (30%) percent of the total
votes of all Class A Members, shall constitute a quorum. If any meeting cannot be
held because a quorum is not present, the Members present shall adjourn the
meeting to a time not less than ten (10) days nor more than thirty (30) days from
the time the original meeting was scheduled. A second meeting may be called as
the result of such an adjournment, provided notice is given as outlined above. At
any such meeting properly called, the presence of any Member shall constitute a
quorum.
ARTICLE VI: ARCHITECTURAL CONTROL,
BASIC DESIGN CRITERIA
6.1 General Architectural Design
6.1.1 Introduction
The Founder's Square Subdivision is a collection of residential structures
organized on 36 acres of property located within the city limits of Rexburg,
Idaho. The overall conceptual theme for the development is an early
American organization and style radiating from what is commonly referred to
as "The Green" which is a dedicated open patch of lawn typically surrounded
by mature deciduous trees and meant to support organized community events
as well as a place for children to play. The following styles are the basic
foundations of early American residential design and are described to
establish a baseline for form, space and order within the subdivision. The
following three eras of early American architectural history best typify design
from 1620-1820 and are a responsible reflection of the design the Grantor
wishes to achieve. Producing residences with these styles will provide a
subdivision with a rich fabric of design that will provide the resident a
desirable existence with enough variety to enable the opportunity to create an
individual sense of place and ownership.
-Early English Colonial Era- 1620-1700
-The Georgian Era- 1725-1775
-The Federal Era- 1780-1820
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6.1.2 Early American Architecture - An Evolution
EARLY ENGLISH COLONIAL — 1620-1700
The early colonies prevalent throughout the "New World" established
settlements or distinct vernacular enclaves based on the absolute need to
survive. These structures were often very simple and practical and devoid of
opulence. The very struggle to survive against the elements of nature reduced
the complexities of modern life as it may have existed in Europe. The styles
of residential architecture prevalent during this time period shared qualities of
post -medieval or late Elizabethan architecture present in England. Typically,
this style had steeply pitched roofs, small window openings, massive chimney
stacks, sometimes rubble stone ender walls, and garrison or jetty overhangs at
the second floor construction. Roof overhangs were anywhere from 4 — 6
inches.
THE GEORGIAN ERA -1725-1775
With the fruits of sacrifice and hard labor established by the original pilgrims
and the raw natural elements somewhat tamed, along with the continued
arrival of immigrants of means, a more cultivated class emerged which
required an increase in quality of amenities and culture in their domiciles.
The styling within this timeframe, for the most part, looked to retain and
reproduce the forms and art of the mother country, England. Whereas many
of the original design standards established during the reigns of Queen Anne,
George I, George Il and III of England were almost entirely constructed of
stone or other masonry, details in America were freely modified by architects
to employ the use of wood.
Typically this style was rigidly symmetrical, windows were plentiful and a
larger, strong sense of entry was centrally placed on the front of the residence.
Window and door trim consisted of lavish multi -pieced buildup of profile.
Gable, hipped and gambrel roofs were prevalent with gable pediment and
radiused dormers with windows. Roof overhangs were only large enough to
allow for decorative cornices.
THE FEDERAL ERA — 1780 - 1820
This era represents a flourishing young America free from the reign and
control of England. With increased commerce and international business
trade, came a desire for architecture to reflect a more monumental role in
America's civic and governmental buildings. Stone and brick masonry was
more generally used and many of these styles were scaled down and employed
in the Residential Architecture of America's wealthy mercantile class.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
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Typically, brick was the material of choice although simple wood clapboards
were also used. The facades were simple 4 -square and boxlike. Window and
door trim were marked with refined trim adornments and window proportions
were taller than prior styling. Hipped roofs were common although some
gable and gambrel adaptations were employed. Application of Roman or
Greek ordered columns (Doric, Ionic, and Corinthian), engaged columns, and
pilasters were incorporated into entries and covered porches. Roof overhangs
where not a porch, were minimal as needed to cover a decorative cornice or
simple trim work.
6.2 Architectural Control
6.2.1. Architectural Committee. In order to protect the quality and value of
all homes built on the Property, and for the continued protection of the
Owner's thereof, an Architectural Committee, consisting of three (3) or
more members to be appointed by Grantor is hereby established. At such
time as the total number of Building Lots owned by Grantor has been sold,
then the membership of the Architectural Committee shall be
compromised of the Board of Directors of the Association. A two-thirds
(2/3) vote of the Architectural Committee is required for approval.
6.2.2 Approval by Committee. No Improvement shall be constructed,
erected or placed on any Building Lot, nor shall any exterior addition to or
change or alteration thereto be made, until the plans and specifications
showing the nature, kind, shape, height, materials, location of the same,
color, and such other detail as the Architectural Committee may require
shall have been submitted to and approved in writing by the Architectural
Committee. In the event the Architectural Committee fails to approve or
disapprove such plans, specifications and location within thirty (30) days
after said plans and specifications have been submitted to it in such form
as may be required by the Architectural Committee, approval will not be
required and this Article will be deemed to have been fully complied with.
6.2.3 Rules and Regulations. The Architectural Committee is hereby
empowered to adopt rules to govern its procedures, including such rules as
the Architectural Committee may deem appropriate with regard to the
right of concerned parties to be heard on any matter before the
Architectural Committee. The Architectural Committee is further hereby
empowered to adopt such regulations as it shall deem appropriate,
consistent with the provisions of this Declaration, with regard to matters of
design, materials and aesthetic interest. Such rules, after adoption shall
have the same force and effect as if set forth in full herein.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
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6.4.1.4 Lots without Landscape Strip. Despite the front yard
setbacks established above, all building shall be setback a
minimum of twenty-five (25) feet on lots if no landscape strip
is provided along the lot frontage.
6.4.1.5 Measurement. Setbacks shall be measured from the
property line to the foundation wall.
6.4.1.6 Structures in setbacks.
(30) inches, not exempted
comply with the setbacks.
All structures taller than thirty
in subsection 6.4.2.1, below, shall
6.4.2 Encroachments on setbacks
6.4.2.1 Architectural features such as eaves, steps, cornices and
chimneys may encroach into the setbacks up to eighteen (18)
inches. Patios at grade, built up gardens and flower beds and
other vegetation as well as driveways are allowed to encroach
into the setbacks established above but can not he placed
outside of the property line limits.
6.4.2.2 Driveways and vehicular queuing shall not be closer than 2'-6"
from any house.
6.4.2.2.1 Should shared driveways be employed between
two (2) building lots, the driveway shall be no less than
10'0" in width and directly centered on the property
line of the two (2) building lots. Building setbacks
from the edge of the drive way easement that would be
created shall be 5'-0" minimum.
6.4.3 Building Site Placement
6.4.3.1 Placement. Location of each residence as they relate to the
street, sidewalk and neighboring structures is crucial. Proper
relationships to all neighboring components will ensure that a
transition from public spaces (sidewalks and roadways), semi-
public spaces (walks to front door, front yards and gardens,
side yards and common fences) to private outdoor areas
(covered front porches, front doors, back yards) are respected.
6.4.3.2 Accessory Structures. Accessory storage structures and
garages shall be organized and placed on site along with the
residence in order to provide a positive outdoor spatial
relationship and harmony so as to take advantage of sun
spaces, shade spaces, streetscape, social and private spaces, etc.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
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6.2.4 City Code. No approval granted by the Architectural Committee or the
Homeowner's Association in the administration of these design standards
shall override, supersede or negate any provision of the Codes and
Ordinances of the City of Rexburg.
6.2.5 Variances. The Architectural Committee has the authority to grant
variances to these design standards in accordance with the Master
Declaration.
6.2.6 Signage Restrictions. Only Architectural Committee designated
marketing company signage is allowed. All other signage must be
approved prior to placement including builder signs.
6.3 Submission
6.3.1. Prior to the commencement of any construction, plans, elevations, and a
site plan must be approved by the Architectural Committee. To obtain
such approval, Owners must submit to the Architectural Committee a set
of plans including floor plan, elevations of the house as viewed from the
street (including side street for corner lots) and a site plan. Plans not
selected from the plans provided by the preferred builders, or substantially
modified from such plan, must submit a $300 plan review fee.
6.3.2 The Architectural Committee shall review and render a decision on the
plans within thirty (30) days of the submittal of a complete set of plans.
6.3.3 Plans will be held until thirty (30) days following completion of the
construction.
6.4 Site Design Guidelines
The following guidelines are intended to create standards for the development
of each individual home site in order to maintain consistent integrity
throughout Founders Square and ensure that certain qualities are maintained.
6.4.1 Building Setbacks
Building setbacks shall be as follows:
6.4.1.1 Washington Boulevard. Front (street)-15'-0"min. and
20'-0" max., Side- 5'-0", Rear -15'-0". Garages shall be
setback a minimum of thirty (30) feet unless reduced pursuant
to subsection 6.11.3.4, below.
6.4.1.2 Corner lots (roads on 2 sides). All street sides - 10'- 0"
min. and 20'- 0" max., Side - 5'- 0". Comer lots shall have
two (2) front setbacks and two (2) side setbacks.
6.4.1.3 All other lots. Front (street) - 10'- 0"min. and 20'- 0"
max., Side- 5'- 0", Rear- 15'- 0".
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
17
6.4.3.3 Duplication. No residential design or its mirrored twin shall
be duplicated within 4 lots of each other. This is to maintain a
visual variety as one moves up and down the street. Color
palettes will be closely monitored as well to ensure variety and
individuality from lot to lot.
6.5 Landscaping, Plant material and Gardens
6.5.1 Ground Cover. All home site property not otherwise occupied
by structure, driveway, patio, deck, garden, vegetation or other
impervious hard surface shall have grass sod covering the yard
between the house and street. The rear yard may be xeroscape or
covered with an alternative drought tolerant landscaping. No raw
earth with the exception of gardens not in season shall be permitted.
6.5.2 Irrigation. All landscaping and vegetation for entire property shall
be irrigated with fully automatic sprinkler systems. Drip irrigation
system is encouraged and shall be employed for tree irrigation.
6.5.2 Vegetation Requirements. Minimum vegetation requirements areas
follows:
6.5.2.1 Two 2" caliper deciduous trees in the front (street) yard.
6.5.2.2 One 1 %:" caliper deciduous tree in the rear yard.
6.5.2.3 Four 5 gal. Shrubs or bushes in front (street) yard.
6.5.2.4 Grass sod at lawn areas between the house and the street.
6.5.2.5 Two 2" caliper deciduous trees in planter strip between
sidewalk and curb of street as per the Founder's Square
Landscape Master Plan.
6.5.2.6 Grass sod with adequate irrigation system in planter strip
between sidewalk and curb of street as per the Founder's
Square Landscape Master Plan. Each individual lot owner is
responsible for the maintenance of their respective planter
strip.
6.5.2.7 All corner lots must provide items e. and f. above on each
street side as per the Founder's Square Landscape Master Plan.
6.5.2.8 Additional flowerbeds, vegetable gardens, trees and shrubs are
encouraged but not required.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
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6.5.3 Timing of Landscaping. The entire lot must be landscaped prior
to occupancy or, in the event of weather, an amount equal to the cost
of the minimum landscaping requirements shall be deposited in an
escrow account with the closing agent until the landscaping work is
complete. The escrow shall be released upon installation of the
landscaping materials. In no event shall the final landscaping occur
any later than one year following occupancy.
6.5.4 Landscape Plan. A landscaping plan must be submitted to and
approved by the Architectural Review Committee prior to
commencement of the landscape work.
6.5.5 Landscape Park Strips. Each Owner is responsible for irrigating and
mowing all park -strips in the rights-of-way that border such Owner's
Building Lot.
6.6 Outdoor lighting
6.6.1 Minimal Fixtures. Outdoor lighting shall be incorporated on each
lot with discretion. The minimal amount of outdoor lighting fixtures
should be employed so as to not violate a neighbor's sense of privacy
and comfort.
6.6.2 Wall Mounted. A wall mounted sconce in the style appropriate
for the house shall be allowed at:
6.6.2.1 Each entry door to be switched from within the residence.
6.6.2.1.1 Two at front (street) entry door.
6.6.2.1.2 One at all other entry doors.
6.6.2.2 Above or along the side of a garage door to be activated by
way of a photo cell switch.
6.6.2.3 A single wall mounted fixture on an accessory storage unit
located next to the door to be switched from within the
residence.
6.6.2.4 In the event of a covered front porch that extends the width of
the front elevation, two more light fixtures may be permitted in
a balanced fashion in order to equally distribute light to all
usable surfaces.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
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6.6.2.5 No light fixture shall be mounted higher than P-0" above the
door that the light is servicing.
6.6.3 Freestanding Light. A light bollard or freestanding luminaire, not to
exceed thirty (30) inches in height, may be located at the entry to the
front walk off of the main sidewalk but within the property lines to be
activated by way of a photo cell switch.
6.6.3.1 Two additional light bollards or freestanding luminaires
may be located at the rear yard patio or deck to be switched
from inside the residence. Any such bollards or luminaires
shall not exceed 6'-0" in height measured from finished grade.
6.6.4 Shielding. All light fixtures shall have a semi -transparent or
translucent lens to cover the light source (bulb) to filter light and
reduce glare.
6.6.5 No Flood. No flood type lamps are permitted.
6.6.6 Holiday Lights. Exterior seasonal Holiday lighting is permitted
as long as it is provided in good taste and does not create a nuisance
for neighboring properties or a distraction to motorists.
6.7 Antenna, Satellite Dishes, other Transmitting or Receiving Devices
In the event that a homeowner requires a service needing a satellite dish or
any other type of transmitter or receiver device mounted on the exterior of a
structure on their property, the location of the device shall be on the sides or
back of the structure and not on the roof unless concealed with an
architectural device consistent with the style of the home. The dish shall not
be immediately apparent from the street and the property owner shall
investigate all options to reduce visual impact on the neighboring properties.
6.8 Address Markers
6.8.1 Each property shall have address markers permanently attached to
either the residence or light bollard and will be placed so that it shall
be illuminated by an already required exterior light.
6.8.2 The address markers shall be of a size, color and font required by the
City of Rexburg guidelines and restrictions.
6.9 Fencing
6.9.1 All fencing shall be of a stained, painted or otherwise treated cedar,
redwood or wrought iron material as is appropriate for the style of the
residence.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
21
6.9.2 All fencing shall be located within the property of each lot.
6.9.3 Should neighbors wish to share a common fence, an agreement must
be signed and held at the office of the HOA where the fence may be
split between the two properties.
6.9.4 The maximum height of the fence is 6'-0" from the back face of the
residence back toward the rear property line and across the rear
property line. The maximum height of a fence from the back face of
the residence to the front property line and across the front property
line is 3'-0".
6.9.5 A front gate is permitted with accompanying gate piers or gateposts as
appropriate to the style of the residence.
6.10 Site Cleaning
6.10.1 Debris. All builders and subcontractors must operate a clean
site with all debris cleaned daily. Builders and subcontractors shall not
allow garbage to blow to other sites.
6.10.2 Dogs, Noise. All Builders and subcontractors will make the best
efforts to be courteous to the current residences. Dogs shall be
under control and loud music prohibited during construction.
6.10.3 Portable Toilets. Portable toilets shall be provided by the
contractor during construction of all single-family structures.
6.10.4 Fines. Builders who do not comply with the provisions
addressing debris and portable toilets will be given a seven (7)
day written notice to bring the site into compliance. If the lot is
not brought into compliance during that seven (7) day period
builder will be subject to a fine equal to the cost of lot cleanup
plus $100.
6.10.5 Weeds. All owners of Building Lots shall control weeds on
their lot and properly deposing of them.
6.11 Architectural Design Guidelines
The following architectural design guidelines are meant to establish a design
direction that will translate beyond the initial construction of the residences
and be continued for future additions and remodels of residential living units
over time. Clarity in design theory and implementation are key to the
continued success of any subdivision.
6.11.1 Description of Use
6.11.1.1 Single Family Only. All building structures are to be
exclusively designed, developed and constructed for single
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
22
family residential purposes. Accessory residential units,
whether attached or detached are prohibited.
6.11.1.2 Single Family Required. No residential building lot shall
be improved that does not incorporate a single family residence
or necessary support structures as outlined within these design
guidelines.
6.11.1.3 New Construction. All construction within a building lot
shall be of new construction. No modular home construction,
relocation of existing homes or structures shall be permitted.
6.11.2 Scope and Scale of the Residence
6.11.2.1 Minimum Size Single Story. No single family
residential structure shall have an enclosed floor area of less
than 1,000 s.f. as measured from the outside faces of the
building for a single level residence excluding any basement
square footage.
6.11.2.2 Minimum Size Multiple Story. For residences of 2 stories
or more, a minimum of 700 s.f. on the first floor and a
minimum of 1,200 s.f. for all floors combined as measured
from outside faces of building excluding any basement square
footage.
6.11.2.3 Third Story. If a third story is desired, all living space is to be
occupied within the roof structure or geometry and required to
provide egress windows as a minimum by way of dormers
appropriate to the style of the home.
6.11.2.4 Height. Height of a residential structure shall not exceed
30'-0" as measured at the eve of the building. Chimneys and
other architectural projections such as ventilation monitors or
ridge vents that are not considered habitable shall not be
limited to this restriction.
6.11.2.5 Materials. Exterior materials shall be limited to those
consistent with the architectural style incorporated in the home.
Rough stone veneer, cut stone veneer, brick veneer, wood
shingle siding, horizontal wood clapboard siding, vertical wood
ship -lapped siding or their modern day equivalents are all
appropriate siding treatments. Vinyl or metal siding, fascia or
soffit material shall be approved by the Architectural
Committee.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
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6.11.2.6 Fascia. All fascia at eaves and rakes to be a minimum of
6" in depth.
6.11.2.7 Soffits. All soffits shall be boxed and returned back to
building. Detailing shall be consistent with the style of the
residence.
6.11.2.8 Trim. All window and door trim packages shall be of a multi -
piece, stepped or built up profile consistent with the style of the
residence. Emphasis should be given to the main entry to the
residence.
6.11.2.9 No Split Entry. No split entry, split level or tri -level
homes will be approved.
6.11.2.10 Roof Pitch. Roof pitches shall be a minimum of 6" rise in
12" run.
6.11.2.10.1 Materials. Roofing materials shall be wood
shingle or shake, or natural slate, or synthetic
slate, or asphalt composition shingle.
6.11.2.10.2 Warranty. Any roof system should provide
a 25 year minimum warranty.
6.11.2.10.3 Colors. Roofing colors are limited to
natural weathered wood, black, grey or brown.
6.11.2.11 First Floor Elevation. The first floor level is to be
established 2'-6" above the elevation of the public sidewalk
located next to the street.
6.11.2.12 Basements. Basements are permitted where appropriate.
The owner is to verify that the topography, ground water, soil
conditions, etc., will allow for subsurface excavation and safe
habitation.
6.11.2.12.1 Codes. Basements are to conform to local
residential codes as they apply to egress, natural
light, ventilation, etc.
6.11.2.12.2 Unfinished. Basement square footages do not
have to be finished space.
DECLARA11ON OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
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6.11.2.12.3 Insullation. All houses shall have a minimum
of R-19 wall insulation and R-38 ceiling
insulation.
6.11.3 Scope and Scale of Garages
6.11.3.1 Permitted. One garage structure for the storage of vehicles,
etc. shall be permitted on each building lot. They may be
either attached or detached from the residence.
6.11.3.1.1 Connection. In the event that a detached
garage is to be connected to the main house, a
covered walkway, trellis, arcade, breezeway,
hyphen or other architectural device may be
incorporated.
6.11.3.2 Minimum Size. Garages must be a
minimum 22'-0"x 22'-0" for (484) s.f. w
measured from the outside faces of the building.
6.11.3.3 Two Cars. Garages are to be designed to accommodate two
(2) full sized cars with a single overhead panel door 9'0"w x
8'0"h (min.) for each car or a single overhead panel door
18'0"w x 8'0"h (min.). 10'-0"w x 8'-0"h doors are preferred.
6.11.3.4 Setback. Garages may be either attached to the residence
or detached but must be set back from the front (street)
property line by 30'-0"min. In general, garages are preferred
to be located at the back of the property behind the house.
6.11.3.4.1 In the event that the garage is accessed from a
street other than that which is addressed by the
front of the house i.e., a comer lot where the
garage appears to be side accessed, the setback
may be reduced to 20'-0".
6.11.3.5 Height. Garages are to be in reasonable proportion to the
residential structure. The maximum height of a garage
whether attached or detached shall not exceed 20'-0" as
measured from finished grade to the highest part of the roof
structure.
6.11.3.6 Materials. All materials are to be consistent with the style
of the home and use appropriate details as to match with the
residence.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
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6.11.4 Scope and Scale of Accessory Storage Structures
6.11.4.1 Permitted. One storage structure to be utilized for the
storage of garden equipment, tractors, lawn mowers, snow
blowers, etc., shall be permitted on the property within the
setback requirements outlined within the design guidelines.
No storage structure shall be in the front (street) portion of the
lot and shall be screened appropriately from view from the
public sidewalks or street.
6.11.4.2 Size. Storage structures are to be a maximum of 10'-0"x IS' -
0" or (ISO) s.f. of floor area on the ground floor. Additional
storage in the roof structure can be added.
6.11.4.3 Built On Site. No pre -manufactured, mobile or other
wise modular units will be permitted. The structure is to be
built on site and employ design standards consistent with the
residence.
6.11.4.4 No Panel Doors. No overhead garage panel doors are
permitted, but double swinging doors or sliding panel doors as
well as man doors are permitted.
6.11.4.5 Rear Yard. Storage structures are to be free standing and
located at the rear portion of the property and arranged such
that it adds to the overall composition of structure on the
building lot.
6.11.4.6 Screened. Storage structures should be reasonably
screened from view of the neighboring properties by any
combination of structures, vegetation and trees, or fencing.
6.11.4.7 height. The maximum height restriction for any storage
structure is 10'-0" as measured from the finished grade to the
highest part of the roof structure.
6.11.4.8 Materials. All materials are to be consistent with the style
of the home and use appropriate details as to match with the
residence.
ARTICLE VII: RIGHTS TO COMMON AREAS
7.1 Use of Common Area. Every Owner shall have a right to use each parcel of
the Common Area, which right shall be appurtenant to and shall pass with the title
to every Building Lot, subject to the following provisions:
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7.1.1 Assessment. The right of the Association holding or controlling the
Common Areas to levy and increase Assessments;
7.1.2 Suspend Rights. The right of the Association to suspend the right to
use, or interest in, Common Areas by an Owner for any period during
which any Assessment or charge against such Owner's building lot
remains unpaid;
7.1.3 Transfer. The right of the association to dedicate or transfer all or any
part of the Common Areas to any public agency, authority or utility for
such purposes and subject to such conditions as may be permitted by the
Articles and Bylaws and agreed to by the Members. No dedication or
transfer of said Common Area shall be effective unless an instrument
agreeing to such dedication or transfer signed by members representing
two-thirds (2/3) of each class of Members has been recorded;
7.1.4 Prohibit Structures. The right of the Association to prohibit the
construction of structures or Improvements on the Common Area;
7.1.5 Publish Rules. The right of the Association to publish reasonable
rules and regulations governing the use of the Common Area.
7.2 Designated of Common Area. Grantor shall designate and reserve the
Common Area in this Declaration, and/or recorded Plats, deeds or other
instruments and/or as otherwise provided herein.
7.3 Delegation of Rights to Use. Any Owner may delegate, in accordance
with the respective Bylaws of the Association such Owner's right of enjoyment to
the Common area, to the members of such Owner's family residence, and such
Owner's tenants or contact purchasers who reside on such Owner's Building Lot.
7.4 Damages. Each Owner shall be fully liable for any damage to any Common
area which may be sustained by reason of the negligence or willful misconduct of
the Owner, such Owner's resident tenant or contract purchaser, or such Owner's
family guests, both minor and adult. In the case of a joint ownership of a Building
Lot, the liability of such Owner's shall be joint and several. The cost of correcting
such damage shall be a Limited Assessment against the Building Lot and may be
collected as provided herein for the collection of other Assessments. No Owner
shall be liable for any amounts greater that is legally allowable under Idaho law.
ARTICLE VIII: ASSESSMENTS
8.1 Covenant to pay Assessments. By acceptance of a deed to any Building Lot
or other Property on The Founders Square Subdivision, each Owner of such
property hereby covenants and agrees (whether or not it is expressed in the deed)
to pay when due all Assessments or charges made by the Association, including
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all Regular, Special, and Limited Assessments and charges made against such
Owner pursuant to the provisions of this Declaration or other applicable
instrument.
8.1.1 Assessment Constitutes Lien. All charges and reasonable
attorney's fees which may be incurred in collecting the same shall be a charge
and continuing lien upon the Building Lot(s) owned by the Owner who is
obligated to the Association for such Assessments or charges.
8.1.2 Assessment is Personal Obligation. Each such Assessment,
together with interest, costs and reasonable attorney's fees shall also be the
personal obligation of the Owner of the particular Building Lot(s) against
which such Assessment is made beginning with the time when the Assessment
falls due.
8.2 Regular Assessments. All owners, including Grantor for any Building Lots
owned by Grantor are obligated to pay Regular Assessments to the treasurer of
the Association on a schedule of payments established by the Board.
8.2.1 Purpose of Regular Assessments. The proceeds from Regular
Assessments are to be used to pay for all costs and expenses incurred by the
Association, including legal and attorney fees, for the conduct of its affairs,
including without limitation the costs and expenses of construction, improvement,
protection, maintenance, repair, management, and operation of the Common Area,
including all improvements located on such areas owned and/or managed and
maintained by the Association, and an amount allocated to an adequate reserve
fund to be used for repairs, replacement, maintenance and improvement of those
elements of the Common Area, or other property of the Association that must be
replaced and maintained on a regular basis (collectively "Expenses").
8.2.2 Computation of Regular Assessments. The Association shall
compute the amount of its Expenses on an annual basis. The Board shall
compute the amount of Regular Assessments owed beginning the first day of
the third month following the month in which the closing of the first sale of a
Building Lot occurred in The Founders Square Subdivision for the purposes
of the Associations Regular Assessment ("Initiation Date"). Thereafter, the
computation of Regular Assessments shall take place not less than thirty (30)
days or more than sixty (60) days before the beginning of each fiscal year of
an Association. The computation of the Regular Assessment for the period
from the Initiation date until the beginning of the next fiscal year shall be pro-
rated to fairly reflect the fact that such period was less than one year.
8.2.3 Amounts Paid by Owners. The Board can require, in its discretion or as
provided in the Articles or Bylaws, payment of Regular Assessments in monthly,
quarterly, semi-annual or annual installments. The Regular Assessment to be paid
by any particular Owner, including Grantor, for any given fiscal year shall be
computed by multiplying the associations' total advance estimate of Expenses by
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the fraction produced by dividing the Building Lots attributable to the Owner by
the total number of Building Lots in the Property.
8.3 Special Assessments.
8.3.1 Purpose and Procedure. In the event that the Board shall determine
that its respective Regular Assessment for a given calendar year is or will be
inadequate to meet the Expenses of the Association for any reason, including but
not limited to cost of construction, reconstruction, unexpected repairs or
replacement of capital improvements upon the Common Area, attorney's fees
and/or litigation costs, other professional fees, or for any other reason, the board
thereof shall determine the approximate amount necessary to defray such
Expenses and levy a Special Assessment against the portions of the Property
within its jurisdiction which shall be computed in the same manner as Regular
Assessments. No Special Assessments shall be levied which exceeds twenty
percent (20"/o) of the budgeted gross Expenses of the Association for that fiscal
year, without the vote or written assent of the Owners representing a majority of
the votes of the Members of the Association. The Board shall, in its discretion,
determine the schedule under which such Special Assessment shall be paid.
8.3.2 Consistent Basis of Assessment. Every Special Assessment levied by
and for the Association shall be levied and paid upon the same basis as that
prescribed for the levying and payment of Regular Assessments for such
Association.
8.4 Limited Assessments. Not withstanding the above provisions with respect
to Regular and Special Assessments, a Board may levy a Limited Assessment
against an Owner as a remedy to reimburse the Association for costs incurred in
bringing the Owner and/or such Owner's Building Lot(s) into compliance with
the provisions of the Articles, Bylaws, this Declaration, and other governing
instruments for The Founders Square Subdivision.
8.5 Uniform Rate of Assessment. Unless otherwise specifically provided
herein, Regular and Special Assessments shall be fixed at a uniform rate per
Building Lot for all Members of the Association.
8.6 Assessment Period. Unless otherwise provided in the Articles or Bylaws, the
Assessment Period shall commence on April 1 of each year and terminate March
31 of the following year. The first Assessment shall be pro -rated according to the
number of months remaining from the Initiation Date to the fiscal year and shall
be payable in equal monthly or quarterly installments, as determined by the board,
as per paragraph 8.2.3 above.
8.7 Notice and Assessment Due Date. Ten (10) days prior written notice of
Regular, Limited, and Special Assessments shall be sent to the Owner of every
Building Lot subject thereto, and to any person in possession of such Building lot.
The due dates for Installment payments of Regular assessments, Limited
Assessments, and Special Assessments shall be the first day of each month unless
some other due date is established by the Board. Each monthly installment of the
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Regular Assessment, Limited Assessment or Special Assessment shall become
delinquent if not paid within ten (10) days after the levy thereof. There shall
accrue with each delinquent installment payment a late charge equal to ten percent
(101/6) of the delinquent installment. In addition, each installment payment which
is delinquent for more than twenty (20) days shall accrue interest at eighteen
percent (18%) per annual calculated from the date of delinquency to and including
the date full payment is received by the Association. The Association may
foreclose the lien against such Owner's Building Lot as more fully provided
herein. Each Owner is also personally liable for Assessments, together with
interest, costs and attorney's fees, and no Owner may exempt such Owner from
such liability by a waiver of the use of enjoyment of the Common Area, or by
lease or abandonment of such Owner's Building Lot.
8.8 Estoppel Certificate. The Association, upon at least twenty (20) days
prior written request, shall execute, acknowledge and deliver to the party making
such request, a statement in writing stating whether or not, to the knowledge of
the Association, a particular Building Lot Owner is in default under the provisions
of this Declaration, and further stating the dates to which any Assessments have
been paid by the Owner. Any such certificate delivered pursuant to this paragraph
8.8 may be relied upon by any prospective purchaser or mortgagee of the Owner's
Building Lot. Reliance on such Certificate may not extend to any default as to
which the signor shall have had no actual knowledge.
8.9 Special Notice and Quorum Requirements. Not withstanding anything to
the contrary contained in either the Bylaws or the Articles, written notice of any
meeting called for the purpose of levying a Special Assessment, or for the purpose
of obtaining a membership vote in connection with an increase in the Regular
Assessment, shall be sent to all members of the Association and to any person in
possession of a Building Lot, not less than fifteen (15) days nor more than thirty
(30) days before such meeting. At such meeting called, the presence of Members
or of proxies entitled to cast thirty percent (30%) of the total votes of the
Association shall constitute a quorum.
ARTICLE IX: ENFORCEMENT OF ASSESSMENTS: LIENS
9.1 Right to Enforce. The Association has the right to collect and enforce its
Assessments pursuant to the provisions hereof. Each Owner of a Building Lot,
upon becoming an owner of such Building Lot, shall be deemed to covenant and
agree to pay each and every Assessment provided for in this Declaration and
agrees to the enforcement of all Assessments in the manner herein specified. In
the event an attorney or attorneys are employed for the collection of any
Assessment, whether by suit or otherwise, or to enforce compliance with or
specific performance of the terms and conditions of this Declaration, each Owner
agrees to pay reasonable attorney's fees in addition to any other relief or remedy
obtained against such Owner. The board or its authorized representatives may
enforce the obligations of the Owner to pay such Assessments by commencement
and maintenance of a suit at law or in equity, or the Board may exercise the power
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of foreclosure and sale pursuant to paragraph 9.3 to foreclose the liens created
hereby. A suit to recover a money judgment for an unpaid Assessment shall be
maintainable without foreclosing or waiving the lien hereinafter provided.
9.2 Assessment Liens.
9.2.1 Creation. There is hereby created a claim of lien with power of sale
on each and every Building Lot to secure payment of any and all
Assessments levied against the Owner and his/her Building Lot(s)
pursuant to this Declaration together with interest thereon at the maximum
rate permitted by law and all costs of collection which may be paid or
incurred by the Association marking the Assessment in connection
therewith, including reasonable attorney's fees. All sums assessed in
accordance with the provisions of this Declaration shall constitute a lien
on such respective Building Lots upon recordation of a claim of lien with
the Madison County, Idaho Recorder. To the extent permitted by law, such
lien shall be prior and superior to all other liens or claims created
subsequent to the recordation of the notice of delinquency and claim of
lien except for tax liens for real property taxes on any Building Lot and
Assessments on any Building Lot in favor of any municipal or other
governmental assessing body which, by law, would be superior thereto.
9.2.2 Claim of Lien. Upon default of any Owner in the payment of any
Regular, Special, or Limited Assessment issued hereunder, the
Association may cause to be recorded in the office of the Madison County
Recorded claim of lien. The claim of lien shall state the amount if such
delinquent sums and other authorized charges (including the cost of
recording such notice), a sufficient description of the Building Lot(s)
against which the same have been assessed, and the name of the record
Owner thereof. Each delinquency shall constitute a separate basis for a
notice and claim of lien, but any number of defaults may be included
within a single notice and claim of lien. Upon payment to the Association
of such delinquent sums and charges in connection therewith or other
satisfaction thereof, the Association shall cause to be recorded a further
notice stating the satisfaction of relief of such delinquent sums and
charges. The Association may demand and receive the cost of preparing
and recording such release before recording time.
9.3 Method of Foreclosure. Such lien may be foreclosed by appropriate action
in court by a non judicial power of sale by the Association, its attorney's or other
person authorized to make the sale. Such non judicial power of sale shall be
conducted in accordance with the provisions of the Idaho Code applicable to the
exercise of powers of sale permitted by law. The Board is hereby authorized to
appoint its attorney, any officer r director of the Association, or any Title
Company authorized to do business in Idaho as trustee for the purpose of
conducting such non judicial power of sale or foreclosure.
9.4 Required Notice. Not withstanding anything contained in this Declaration to
the contrary, no action may be brought to foreclosure the lien created by
DECt.ARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
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recordation of the notice of delinquency and claim of lien, whether judicially, by
power of sale or otherwise, until the expiration of thirty (30) days after a copy of
such claim lien has been deposited in the United States mail, certified or
registered, postage prepaid, to the Owner of the Building Lot(s) described in such
notice of delinquency and claim of lien, and to the person in possession of such
Building Lot(s), and a copy thereof is recorded by the Association in the Office of
Madison County Recorder.
9.5 Subordinate of Liens to Certain Deeds of Trust and/or Mortgages. The
lien securing Assessments provided for herein shall be subordinate to the lien of
any first mortgage or deed of trust given and made in good faith and for value that
is of record as an encumbrance against such Building Lot prior to the recordation
of a claim of lien for the Assessments.
9.6 Duration of Lien. The sale or transfer of any Building Lot shall not affect the
Assessment lien; however, the sale or transfer of any Building Lot pursuant to
foreclosure or a senior mortgage, deed of trust, or other lien shall extinguish the
lien of such Assessment as to payments which became due prior to such
foreclosure sale. However, such foreclosure shall not affect the personal liability
of the Owner for such Assessments. In addition, no sale or transfer shall relieve
such Building Lot from liability, or the lien to secure the same, for any
Assessment becoming due after the foreclosure sale.
9.7 Rights of Beneficiaries and Mortgagees. Not withstanding any other provision
of this Declaration, no amendment of this Declaration shall operate to defeat the
rights of the Beneficiary under any deed of trust or the Mortgagee under any
mortgage upon a Building Lot made in goad faith and for value, and recorded
prior to the recordation of such amendment, provided that after the foreclosure of
any such deed of trust or mortgage such Building Lot shall remain subject to this
Declaration as amended.
ARTICLE X: EASEMENTS
10.1 Easements of Encroachment. There shall be reciprocal easements of
encroachment between each Building Lot and such portions of the Common Area
adjacent thereto when necessitated due to the settling or shifting of Improvements
included but not limited to structures, walkways, bike paths, sidewalks and
driveways constructed, reconstructed, or altered thereon in accordance with the
terms of this Declaration. Easements of encroachment shall be valid only so long
as the encroachment exists, and the rights and obligations of Owners shall not be
altered in any way because of encroachments, settling or shifting of the
Improvements; provided, however, that in no event shall a valid easement for
encroachments occur due to willful act or acts of an Owner. In the event a
structure on any Building Lot is partially or totally destroyed, and then repaired or
rebuilt, the Owner of each Building Lot agree that minor encroachment may be
reconstructed pursuant to the easement granted by this paragraph 10.1
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
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10.2 Easements for Access. Grantor expressly reserves for the benefit of all the
Property reciprocal easements of access, ingress and egress for all owners to and
from their respective Building Lots for installation and repair of utility services,
for drainage of water, over across and upon adjacent Building Lots or Common
Area, resulting from the normal use of adjoining Building Lots, and common
Area, and for necessary maintenance and repair of any Improvement including,
fencing, retaining walls, lighting facilities, mailboxes and sidewalk abutments,
trees and landscaping, Such easements may be used by Grantor, and by all
Owners, their guest, tenants and invitees, residing on or temporarily visiting the
Property, for pedestrian walkways, vehicular access and such other purposes
reasonably necessary for the use and enjoyment of a Building Lot or Common
Area.
10.3 Drainage and Utility Easements. Not withstanding anything expressly or
implied contained herein to the contrary, this Declaration shall be subject to all
easements heretofore or hereafter granted by Grantor for the installation and
maintenance of utilities and drainage facilities that are required for the
development of the Property. In addition, Grantor hereby reserves for the benefit
of the Association the right to grant additional easements as necessary or
expedient for the proper development of the Property until close of escrow for the
sale of the last Building Lot in the Property to a purchaser.
10.3.1 Improvement of Drainage and Utility Easement Areas. The Owners of
Building Lots are hereby restricted and enjoined from constructing any
improvements upon any drainage or utility easements shown on the Plat of The
Founders Square Subdivision or otherwise designated in any recorded document
which would interfere with or prevent the easement from being used for such
purpose; provided, that any damage sustained to Improvements on the easement
areas a result legitimate use of the easement area shall be the sole and exclusive
obligation of the Owner of the building lot whose Improvements were so
damaged.
10.4 Rights and Duties Concerning Utility Easements. The rights and duties of the
Owners of the Building Lots within the Property with respect to utilities shall be
governed by the following:
10.4.1 Wherever utility connections are installed within the Property, which
connections or any portions thereof lie in or upon Building Lots owned by
an Owner other than the Owner of the Building Lot served by the
connections, the Owner of the Building Lot served by the connections
shall have the right, and is hereby granted an easement to the full extent
necessary therefore, to enter upon any Building Lot or to have their agent
enter upon any building lot within the Property in or upon which said
connections lie, to repair, replace and generally maintain the connections
as and when it may be necessary.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
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10.4.2 Whenever utility house connections are installed within the Property,
which connections serve more than one Building Lot, the Owner of each
Building Lot served by the connections shall be entitled to full use and
enjoyment of such portions of said connections as service such Owner's
Building Lot.
10.5 Driveway Easements. Whenever a driveway is installed to serve more than
one Building Lot, the Owner of each Building Lot served by such driveway shall
be entitled to full use and enjoyment of the shared driveway as required to service
the Owner's Building Lot or to repair, replace or maintain such driveway.
10.6 Disputes as to Sharing of Costs. In the event of a dispute between Owners
with respect to the repair or rebuilding of utility connections or driveways, or with
respect to the cost therefore, upon written request of one of such owners
addressed to the Association, the matter shall be submitted to the Board which
shall decide the dispute, and if appropriate, make an appropriate Assessment
against any or all of the Owners involved on behalf of the prevailing Owner(s),
which assessment shall be collected and enforced in the manner provided by this
Declaration for Limited Assessments.
ARTICLE XI: MISCELLANEOUS
11.1 Term. The easements created hereunder shall be perpetual, subject only to
extinguishment by the holders of such easements as provided by law. The
covenants, conditions, restrictions and equitable servitudes of this Declaration
shall run until December 31, 2016, unless amended as herein provided. Atter
December 31, 2016, such covenants, conditions and restrictions shall be
automatically extended for successive ten (10) year terms each, unless amended
or extinguished by a written instrument executed by Members holding at least
three-fourths (314) of the voting power of the Association and such written
instrument is recorded with the Madison County Recorder.
11.2 Amendments.
11.2.1 By Grantor. Except as provided in paragraph 12.2.3 below, until the
recordation of the first deed to a Building Lot in the Property, the
provisions of this Declaration may be amended, modified, clarified,
supplemented, added to (collectively "amendment") or terminated by
Grantor by recordation of a written instrument setting forth such
amendment or termination.
11.2.2 By Owners. Except where a greater percentage is required by express
provision in the Declaration, any amendment to the provisions of the
Declaration, other than this Article XI, shall be by an instrument in writing
signed and acknowledged by the president and secretary of the
Association certifying and attesting that such amendment has been
approved by the vote or written consent of Owner's representing more
than fifty percent (50%) of the votes in the Association, and such
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
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amendment shall be effective upon its recordation with the Madison
County Recorder. Any amendment to this Article XI shall require the vote
or written consent of Members holding seventy-five percent (75%) of the
voting power of the Association.
11.2.3 Effect of Amendment. Any amendment of this Declaration
approved in the manner specified above shall be binding on and effective
as to all Owners and their respective properties notwithstanding that such
owners may not have voted for or consented to such amendment. Such
amendments may add to and increase the covenants conditions,
restrictions and easements applicable to the Property.
SEE PARAGRAPH 9.7.
11.4 Notices. Except as otherwise specifically provided herein, any notices
permitted or required to be delivered as provided herein shall be in writing and
may be delivered either personally or by mail. If delivery is made by mail, it shall
be deemed to have been delivered seventy-two (72) hours after the same has been
deposited in the United States mail, postage prepaid, addressed to any person at
the address given by such person to the Association for the purpose of service of
such notice, or to the residence of such person if no address has been given to the
Association. Such address may be changed from time to time by notice in
writing to the Association, as provided in this paragraph 11.4.
11.5 Enforcement and Non -Waiver.
11.5.1 Right of Enforcement. Except as otherwise provided herein, any
Owner of any Building Lot, or the Association, shall have the right to
enforce any or all of the provisions hereof against any property within the
Property and Owners thereof.
11.5.2 Violations and Nuisances. The failure of any Owner of a Building Lot
to comply with any provision hereof, or with any provision of the Articles
or Bylaws of the Association, is hereby declared a nuisance and will give
rise to a cause of action in Grantor, the Association, or any Owner
Building Lot(s) within the property for recovery of damages or for
negative or affirmative injunctive relief or both. However, any other
provision to the contrary notwithstanding, only Grantor, the Association,
the Board, or a duly authorized agent of any of them, may enforce by self-
help any of the provisions hereof only if such self-help is preceded by
reasonable notice to the Owner. The costs incurred in such self-help
remedy may be assessed to the owner of the Building Lot that is found in
violation by the Grantor of Board.
11.5.3 Violation of Law. Any violation of any state, municipal, or local law,
ordinance or regulation pertaining to the ownership, occupation or use of
any property within the Property is hereby declared to be a violation of the
Declaration and subject to any or all of the enforcement procedures set
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
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forth in this Declaration and any or all enforcement procedures in law and
equity.
11.5.4 Remedies Cumulative. Each remedy provided herein is
cumulative and not exclusive.
11.5.5 Non -Waiver. The failure to enforce any of the provisions herein at any
time shall not constitute a waiver of the right to enforce any such
provision.
11.6 Interpretation. The provisions of this Declaration shall be liberally
construed to effectuate its purpose of creating a uniform plan for the development
and operation of the Property. This Declaration shall be construed and governed
under the laws of the State of Idaho.
11,6.1 Restrictions Construed Together. All of the provisions hereof shall be
liberally construed together to promote and effectuate the fundamental
concepts of the development of the Property as set forth in the recitals of
this Declaration.
11.6.2 Restrictions Severable. Notwithstanding the provisions of the
foregoing paragraph 11.6.1, each of the provisions of this Declaration
shall be deemed independent and severable, and the invalidity of any
provision or portion thereof shall not affect the validity or enforceability
of any other provision herein.
11.6.3 Singular Includes Plural. Unless the context requires a contrary
construction, the singular shall include the plural and the plural the
singular, and the masculine, feminine or neuter shall each
including the masculine, feminine and neuter.
11.6.4 Captions. All captions and titles used in this Declaration are intended
solely for convenience or reference and shall not affect that which is set
forth on any of the provisions hereof.
11.7 Successors and Assigns. All references herein to Grantor, Owners, the
Association or person shall be construed to include all successors, assigns,
partners and authorized agents of such Grantor, Owners, Association or person.
11.8 Annexation. Additional real property may be annexed to the Property and
brought within the provisions of the Declaration by the Grantor, its successors or
assigns, at anytime and from time -to -time without the approval of any Owner or
the Association while Grantor is still a Class B Member. As such annexed real
property is developed, Grantor shall record an approved subdivision plat of the
property with the Madison County Recorder , and a supplemental Declaration
with respect thereto which shall annex such property contained on the approved
plat, and which may supplement the Declaration with additional or different
covenants, conditions, restrictions, reservations, and easements as Grantor may
deem appropriate therefore, and may delete or modify as to such annexed real
property, so long as the quality of development of the Property is not materially
DECLARATTON OF COVENANTS, CONDITTONS AND RESTRICTIONS FOR FOUNDERS SQUARE
36
adversely affected thereby. The development of any annexed land shall comply
with the City of Rexburg ordinances and codes, and may be developed pursuant to
the dimensional standards of the Founders Square subdivision plan only upon an
approved amendment to the plan. The Board shall have the right to annex
additional real property to the Property upon approval by vote or written consent
of all Members entitled to vote of not less than two-thirds (213) of the voting
power of both classes of Members by follow the above-described platting and
recording procedure.
11.9 Severabilly. Invalidation of any one of these covenants or restrictions by
judgment or court order shall in no way affect any other provision, which shall
remain in full force and effect.
11.10 No Trespass. Any action by the Association or its agents authorized by this
Declaration upon or in relation to any Owner's Building Lot(s) shall be deemed
authorized and consensual, and the Owner shall be deemed to have waived any
claims for trespass or unlawful entry upon the Building Lot(s).
IN WITNESS WHEREOF, the Grantor has executed this Declaration effective as
of the date first set forth above.
Grantor: Founders Square, LLC, an Idaho
limited liability company:
�lyt-yY
Stuart Sugarman, ager
STATE OF
ss.
COUNTY OF
On this s day of 2008, before me, the undersigned, a
notary public, in and for said State, perg9nally appeared Stuart Sugarman, known to me
to be the manager of the limited liability company that executed the instrument and
acknowledged to me that such limited liability company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal, the day and year in this certificate first above wri n
i'`n=iA WEITZ NOTARY PUBLIC � tary ublic t
!, ' COUNTY OF STATE OF
TE70N WYOMING Residing at:
MY COMMISSION EX%REB BERIEMBEq 8, 2010
My Commission Expires:
DECLARATION OF COVENANTS, CONDMONS AND RESTRICTIONS FOR FOUNDERS SQUARE
37