HomeMy WebLinkAboutDECLARATION OF COVENANTS - 08-00543 - Neil Smith - Lot Split - Preliminary PlatDeclaration of Covenants, Conditions and Restrictions
OF
TREHUSEN OF REXBURG
HOMEOWNERS ASSOCIATION
City of Rexburg, Madison CQunty, State of Idaho
A Planned Development
�4
THIS DECLARATION 4F COVIENANTS, CONIDY-FIONS AND RESTRTCTIONS is made this
day' of the month o� , 2008., b�yr B1�S DESIGN& CONSTRUCTION, LN C. in
their capacity as the owner and developer-o''T.Trehusen of Rexburo, a planned unit developnient
in the City of Rexburg, Madison County, State of Idaho.
Article 4v =`
Definitions'.'-....
Tine fallowing terms used in this Declaration are listed alphabeticaIN �.nd shall have the following �neazaia�us:
Act shall mean ajid. `re€er to the Cozadaminium Ownership Act (?`??7} a5 ffie''"'s''a-me maybe aii-iei-icizd from time to
time_
Additional Laid 51zafl_l `at any point i��:��x�ie; mean all of the lmad in the Cite off'Rexbui-�g, Madison County,
State of Idaho. sit fartli aiid c£esci-�bed xz�.Ex�zi��it �4, attached hereto and made a part thereof.
vtI c I e s shalI in e aii and ref el, 10'" ihc i t1 01 e _S 0 f Li co, rp oi. zit1on ofht-f A s s o c 1 at1 o n -vv h1 ch ar e o r s hall 1 1) e f I e d
with the Secrtaryf State f the''Stante of Idaho as t1�ey' from t*iiiie tot,
ss s t shall an the amount h-' � :.to l F1 d r� assessed against Owner �� �.� N�r�� ��'
Lot or Unit (whether an ADRual, special 0'k.cc,1fic Assessmetit, a described M the Bylaws) and paid t
the Assoclationlof Common expenses and other- .
Assoclatim sliall mean r li -ii Homeowners Association LLC, ars Idaho nonlDro t )or tion, Its
successors, and assigns, Wh1rh shall own and manage the Common Areas. Fadi Owner shallbold and
appurtenwit membership J11terest iD the set forth ill the l w
Booed shall tuean the Booed of Directors the s ido
Bvlaws shad mean and refer to the l of the . s i ti n as set forth and embodied in this Declaration
in ARTICLE X1f X11, and X111.
oiiijn ii Areas shall rneu all 7,)oTti'ons of the vlopmi t except the Units, and hall ' n cl ud all proper-ty proper-tto be
4owned by the i ti on for the common use and raj -nen t f �� Owners h a all private un eel -sated
r
ro dv,ea s. dr4i e,�Nla){s. in, �j apriM ii urienant thereto. wh th r r in t reflected Plat.� r
1
DRC shall ratan and refc�r to the Desip, R-eview Committee, referred to ire ARTICLE V11 of this Declaration.
Declarant shall Mean 13NS DESIGN, & CONSTRUCTION, rNC. their successors and assims., if aiiy, as developer of
Development.
Declaration shall mean this.Declaratloii of Covenants, Conditions and Restrictions for Trehusen. a cand oji.iiniurn
development in the City of burr r. Madison County., State of Idaho. as the same rnav be supplerne-nted or amended
from timp, to time. Supplemental Declaration shall mean and refer to an instrument which supplements the
Declaration anAhlcli is re rdin the Public Records concuiTently with a Plat fc.n asubsequent phase of the
Dei{ tlopmeat pursuant to the annexation provisions of ARTICLE III of this Declaration. This Dcolaration has been
drafted to coniply with the requirements of the Jdalio Condominium Ownerslilp Act "?9?9, 9W 94, 1 d ah o Code Annotated).
Any ambloruities. omissions, and/or confliots shall be construed to compt-N, .'Withthe provis' id act.
I tons of sal
Development shall mean the condominium development known as.T-r6ht�s':-'e'n in the City of Rexburg, Madison Coaiity,
State of Idaho.
71
Limited Common Area shall mean any Corru-non Area designated for C,-xc1usive'u,9e'bv the 0w of a particular
-�,vhether or not desim,
C-ondoinhilum Unit., mated as such on a Plat. An y Limited Coin- ni.on.Ar eas t1i at are i Beatified on a
Plat v.11th the same number or other desimiation by which a Unit 1s idtntified thereon sliall, be, Limited Comnion Area
forthe exclusive -use of the ier -of the Unit bea-ring the same number or destcmation.
Manaaina shall mean any person or entit'y-'4ppoint ed or end as ManagI nor Agent of the Development by the
Association.
Mortaacre shall mean anN, recorded first mortg" aore orfir st:.deed of trast encumberincT a Lot or Unit; and mortcragee
sh al i mean any mortg a gee or b en e fi c i ary named -an:. a ITI offp,dg,e;
Owner shall rnean, any person -wbo 1*<,.,, tbc owner of re'c'o*rd r t " Ah e Public Records) of a fee or undivided ft
interest in any Lot or Unit, and any Contra purchas ei'of ark Lot or Unit. '.No'twithstan ding any applicable theory
relatiner to mort crages., no -Mortgagee nor anytrUStee OTbeneficiary of a deed Of trust or trust deed shall be an owner
t�l
unless such,,part-v acquires fee title pursuant toforeclosorure' 'alr con
e ove.ynccIn er
a'lieu theof. Declarant shbe all an.
s
0WjjCr'witn-re,s cach L
or Unit Owned by it. Multi ple,,owners of a par -ti cul ai- Lot or Unit shall be -1 ointly and
Severally— 1j, �61 P, as t, o" ala I. esp onsi b i I ities an d ob I i gati on of an Ow''I'l
Plat shall mean and refer to a recorded subdivision Plat within the v eiopme Ott The initial Plat zs entitled Tr ehusen
Condomini*u'm Townhc)meDevelopment, Final Plat.. an addition of the Cit of Rexburcy, Madison County. Idaho.
L
Prepared and 6103 -ti fled by Aaron SW�'Z'son, ENGINTEER OF PROJECT executed and acknowledged by Declaram.
accepted by the'Cit :r�, coi.-ded in the Public Records concurrently with th's Declarat"
y of Rexburg and.- e'
1011.
'rrevshall niean all:..'
and covered b' -this Declaradon, includ"ng Cotmnon Area and Units, and other land annexed
Y:
to the De\leloprnent as pr"O'N"I'ded in -this. Dcol aratioji- The mitial Property shall consist of the land describe in
ARTICLE III tl n I oft ': m r- t
011
Public Recur -ds shall rnean the Office of the Madison COUnty Recorder inRexburc.-L, Idaho.
11-1
Ru I es and &e shall rnean and refer to those Rules aiid Recrulations authorized adopted, and promuluated to
��ulat i o n s t?
P
the0%-mers from W-ne to tinie by ffie Board pursuant to the provisions of sectio,ii I of ARTICLE 11 in the BYLAWS
DeclaratiOn.
Um"t slia.11
m. an a structure which is desiunated constructed
and int-tid ed for use or occupancy as a
sincrle family
F
-residence
on a Lot. tocrether witli all improvements located on the same Lot and used in conjunction
with such
residence I
includnip aiavthing located i.thin or without said
Unit (but desigqaated and designed to serve
only that
mow.Unit) such as detached cTaracFe, patios, fences., decks, appliance- l trj*al receptacles, and outlet. air cond'tioning
compressors and otheT air condition apparatus, 'if any. nd ml*ni'um Unit shall mean an individual alp- space unit,
n t tin T n l d- part of a buildincT and bomided by the unfinished surfaces of the floors
ceilings, windows aii door- al .cr the rim t r boundaries of th airspace, said boundaries are, shote n n the
Map, tocTether with all fixturesand i.mprovein ent therein contained. Paint, sheetrock, all wirincT in the unit that
connects to the breaker box offier than the incoming gain line,
Plumbing .n d plumbing fixtures other than supply
lines or vents, insulation. heat systems, ano vents and other wall, ceiling, or floorrin n interior walls,shall be
deemed to be part of th reit.twitli standing the fat they may be within the boundaries of such air- `pace, the
following are not par -t of a Unit insofar- as thee' are necessary for the support f or the use andenjoyment f any other
Unit: i : ax i all ,teri h ath n fl y �� i is and slieathincl. roof trusses (except the interior surfaces
thereof). f ui-i dations- fa tin�c , roof h athin , hin l s_ felt. Velits, idi d rick, porchesan rail. The Inter'Jor
surfaces f a window or door mean the points at which suclL ur-fa _.a.r located the Window or door is closed..
Article 1±.
STATEMENT OF PURPOSEAND EFFECTVATIUN
I. Pur -pose. T.h p z � of this Declaration i to provide for the preservation f the *va'I s of Lout 7�t's) nti 1. an
Conon Areas within Trehusen,, a planned development in the City of r e ar , Mad: nunt . t .t Idaho
f
"Develop mnt' , and for the maintenance of the private roadways, driveways, id wall .""king, amenities Open
spaces, Jandscaping, trees and all oth rz mon Areas th r- irr.
E ffectiv en. e s s. Fro rn and after th e effective date h creod': a. each part o f tli e D evel opment and e a h:L. t and unit
lying within the. boundaries f tine Developrntnt shall on titUt constituent parts of a singleplanned residential
d evel op m tint; th e D ev el o p m ent shal l cons i st o f the unit s an d o f th e Un i is all d of th e C o mrn o n Ar e as.h 1 ch are
described and shown on th -'J'Altial Plat, toorether with each additional Lots,, Units, and Col=on Areas as may come
into meed pursuant t o the',- pr0'\*..I'JSJOrIs'herec)f relatincr to armexations or expansion of the Development- the
declaration for thDe'vtl:o'p-'rnent and a'n'y.'.anrtCxation thereto shall consist of this document as the sai-ne may be
modified, amended,,-".Ilpp l mcnt dl or expancieci in accordance with the provisions hereof; and d the initial Plat of
devc1opment shall consi4sto.f the in tr urn t - ?hich is identified Tr husen Planned knitF l mtint, i
p rr l flat, l)
addition of tho CltvR�y adi . ` I zr ty, Idaho, recorded oncui eutly with this Declaration in the Publi
Records, as the same may 1i reaf.e :.ni ......ai)d, Luay subsequent plats which may be filed for record pursuant sunt t
the provisions hereof relating to a :tion or CXI)ansio'ii.De.-\Iel()PlnLellt.
F Submissioll to Condominium Act. Dtclarant hereby submits the Land, the, buddings, and all other
improvements now or hereafter made m r u'pon the land to the. provisions of the Condominium Act. Alt of said
property is andshall be. held conveyed, hyp6the"cated. encumbered� leased, rented used
� and inn ro,Vd as a fee
simple and . .ini r Pr . t to be Juiown as Tr6h-us'en Planned Unit Developmeiit, an Idaho nd m'n.iu 'Praject.
All of said property is and shall be sukiect to the covenants, coir iti T , 1'estrictions uses, limitations., and obligations
set h erein f e a ch and all of whi"cla ars de c I areal and agreed t o b e for the b en efit of sal. d Proj ect ars d In forth eran c e o f or
for inipr-vemznt of said propertyand division thereof into Condominiums further, each and all of the provisions
hereof shall be dcomedto ray, with the land abe a bur n and a benefit on the land and sball be bindincT Upon
the Declarant, its successors and assigns, and to any person a qu.irin , leasing,easina, or ow,i .Xn CF ars intertst in all property
and improvenients comprising theProject..,n to their resptcdve personal ropresentatives, heirs, successors,and
asRgns.
ARTICLE III
PROPERTY DESCRIPTION AND AINTNEXATION
I . Submissl on. Th e prope t F whIcls initiall t' I s and l.iall be held, transferred, sold, conveyed, and o cc LIP i ed,, in to th
Provisions of this Declaration, consists f the f ll wIn g ori realproperty -
.the ty of Rexbtirg, adi' oll
County,, Stats of l ali :
R -7
iW
SEE LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A"
Together with all casements, riahts-ofway. al rtenances and ri to. appurtenant to or
accompanyina the above described parcel of real propertv, whether or not the same are reflected on the Plat.
ReserviricTunto Declarant,. however. su li easements and ri le iLha r s . and egress over, across. through and under
the said prop erty ari d anv improvements ( inclu iin a buildings.) now or hereafter constructed thereonas may be
Z�oreasonably necessary for Declarant in a manner which is reasonable an d not inconsistent1th otber
improvements
described Ili this Declaration or in a Flat, and to do all things reasonably necessary or proper 1.11 connection therewith;
(ii)to construct and complete on the Additional Land, or any portion fliereof, such improvcments as Dec] arant shall
deterinine, to buildin its sole discretion and whether or not the Additional l Lary or any portion thereof has been r
hereafter �itl added t thDevelopment); and(11H)t it r e,poi-tions of the said property with such other or
additional improvements, facilities, or landsccaping desi'D,i for the use and eilJoyment of all the Owners as Declarant
may reasonably t rmin to be appropriate. If", pursuant to the foreaoing reservations., the said propei-ty or any
improvement, egress, or utility line, a perpetual easements, the reservations herby effected shall, -unless sooner
terminated in accordance with their tis expire tern i years after the date on whi cls th i s Deet arati on 'is recorded in
the Public Records.
All f the foregoingis sub + t to atl liens r current -and ature tax s� s �� nt � rr�l ham s ir��. s i r l a �by
arovemmental or quasi -governmental authorities.,- all- patent reservations and exclusions- all mineral reservations of
record rights indigent thereto; all instruments r� rd which affect tbe, above- -described real propeltv or any
portion thereof, iwithout lirnxtati n, ars), r� rt - .and. nothi ..n �hls paragraph shall be deemed to r i
or amend such mrt a ; all visible a r is arra. rights- - av all eaLs-crnenits and rights- av encra bment
r discrepancies shown on, or revealed by, a Plat or otherwise, est � , :ate easement for each and ever#y pipe, , line
cable, wire, utility 1111 r similar facility which traverses r- partially. occupies the said real property at such time as
construction of all Developmew improvemcnts is complete, and all` mt� nts necessary _f ri ingress to, egress from,
...:.......
maintenanceof, n repl .� ht ' all such pipes, lire cable. wires. utilit-vIin s and similar facilities; and to each o
the easements, coveiiant.s� : r d�,-. d r str' cti n contained in the -Dula''at�r .
f Division ion i..t Lots-a"n.dUnIts. Tip. :1 yl pment is hereby divided into I Lo't-.and 3 Units as set forth and
described ori Devel6nments Plan beirl.cr :th ese t) dominium units and all other tinit iaplarined'-plex
� , t . , �l sT bm lis. itha urtenant o fr anort r�rr mrar�rarinsurance,
otherwise set for-th ro th1*s* SCJa - 'Lion...:.
D UTT AND OBLIGATION OF OWNERS
1. Maintenance and Repairs, Each r� shall at his : n cost maint in his Lot r Unit an ars. ire r- l rets 0. ,
Townhouse unit or ndw.i lu nit) constructed thon in crood conditiou and repairat all tires- Provided however,
that Townhouse Unit exteriors, roofs, and fences h al l be maintained by the Associatioji as provided in Sectiou X f
ARTICLE 11 or the BYLAWS Declaration. In the event of the anaa or destruction of any Unit,the Owner of theLot
upon which such Unit is situated shall either rebuild the same within a rrasonable time or shall raze the rernains tbertof so
as to prevent the unsightly appearance and dangerous condition of a pardallv destroyed structure in the Development, The
'Painting or, repalntina,. remodeling, r- uildin , or modification f a Unit e t rj rs or parts th r eof must be submItted to and
approved by the y pursuant to its procedures. Notwithstanding the bli ations of the As.sociatjoin to maintain Unit
exteriors. 1,00fs, and fences as provided h rein. no Owner of such Units shall openly or wantonly neglect, Or fail to do all
within such owners power to help keep such items in good and attractive condition at all bines.
, Insurance. t ithstan ding any insurance coverage required to be provided herein by the : s o iatl n each Unit Owner
shall procure and maintain in force hazard insurance on personal contents, and liability{ coverage as is customaryi
projects such as the Development and which is consistent with each such pri is individual Circumstances. Owners of
Detached Residential units if any, shall procure at their expense.and shall maintain i force hazard insurancen thell,
particular Unit, and content.q and personal li ilith � � is customs r -v, in ro j eats such a ffi-e. l mer -it and
which i n i stmt with tachOwner') s individual circumstances.
. Assessments and Rule Observance. Each owner shall be respolisible for the projiapt payment of any Assessments
pr vid f -- in this Declaration. and for the reran f th ul an R 1 ti n roinalaated t Association's
Board from tithe to time. Owners In i olati n of the provisions of this Section 3 will not be deemed to bein good standIT1
for Association votinci purposes,
. Transfer of Interests. Except for obllcTatl'ons already accrued. ars Owner who,for other than purposes of s
ecurity,
transfers all f his i nttrests in his Lot or Unit to another; either voluntarfl r by operation of law, sha] I be rehevtd of all
lice tion and o- thisDeclaration full rind such tr.an f rt
g�
ARTICLE T
...:.. ..... .
PR0PERTY RIGHTS A A1TD CONVEYANCES
1. Easement n rninc, Common Areas. Each Lot or Unit .ball have appurtenant-fi r t a nonexc i r'i fit -and
easement of use and nj o n7 nt in and to the Common Areas for their int n ui ,. Such r.i alit and ease-ment
shall be appurtenant to and shall pass with title to each Lot or Unit and .ball in no event:be- seParated there fr rn .
Form of Conveyance, Any deed: lease, 1 1t c , deed of trust, purchase contract or other in t ",''
ument conveying or
encumbering title to a Lot or Unit sly 11. ri the i��t r� t � ta.t, ir�� oIv d 1� tantiall � a �..�e W.
Lot Block as identified M. official Pia:t&,Trehusen Plamied Unit Development. ba � City of Rexburcr
}
Madison Comity,State of Idaho, rccorded in'Office O&Madison County Recorder as Inst-ament No. on
20 SUBJECT TO the Declaration of E a. 1 l t- , Cov, enan"tS., and Restrictions of Tr husen of
ur� meown r- . o i h n, record d in th . th � is ; s onCo unt F Recorder a Instrument o. gas
id Declaration may have heretofore been rnen ,: r. 4 lemento 1 TOGETHER WITH right and easement of
use and enjoyment in and to the Common Areas described -aid as provided%f � . in said Declaration of Easements-,
........
oven ant , on iti ars Restricts n a a d D l ara x n'rnav (rave. h r -t. .: r- been arnend r+
f
I�Nlh th r or not the''description ernployed in any such. in tr-umht is in the aboveifs o , however, all
r o vi s i on s o f th i s D e cLia't o n shall b e bin ding uon and shall
Mure to the benefit of anyartybacquire ll
q
i lit r t. M a Lot o r Unit.
k
Tran f 1 nrn r # : soon possible following the r �or�d.ati n f thl' Declaration and the initial
Plat, Declard ht -shall convey to the � �i t' on title t the various mman areas described ire n Plat_ free .end
f
clear of any llen,, r• than the lien of -current general taxes and the Iten of any non -delinquent assessments,
r taxes irnposcd by-,govemmental r quasi- r nment l auth riti s. Th r ur- ha�ll f llow d wth
�s.
respect to the commoh..ATeasnt .in .'irr subsequent Plats followinor their concurrent recordation with
accompanying up l al Deva r I ationsin the Public Records
® Limitation on Easement. Eacht,*6�.or. Unit's appurtenant riglut and easement of use and eilloyment Of tile COMM011
Areas shall be subject to the fol to ire .
a) The rialht of the Association
as provided in Section 2 or ARTICLEII
in the
BYLAWS1arati n t
govern by reasonable Rules
and Regulations the use f the Common
Areas
to provide for th
enao)nnent thereof in a manner consistent with the collective r-i�iat of all of the owners;
b The ricyt of the Cite
exbura
Idaho and any other governmental obi.1�
i-o�� iT1� ntI body halm.
FLrisd1 t1 T1 over the
Property, to
cill oy access and riahts of ingess and
egress over and across aiiy private
_.:.... street r r ive.way. rl ire area., F i %ray. or open arca contained withill the i n Areas for the purpose
1, providincr police and fire protection and providingany other governmental r- municipal service-, nd
c The ri yt-it of the soci ti n to dedicate r transfer any part of the. Coinmon Ai,- .s to any public acre y or
authority for such purposes and subject to such . it'ons as may be meed to by t1ie Association- proviaed
that such dedication or transfer must first be assented to 'inwritin b(1)tl..j rtor creach and
every10
Moftgage til Pit encumbers any Lo or Uiii't and (11) the Owners f Unit Percent (60%).
of the total votes In the s i ti n prtain. The assenting provisionsf this SLOCtion 4. shall only lto
f
theWo
Mort Q : n Own r t ch Residential Lots, if any , if theini non Ai au ue tin i� t�
Clubhouse and enmities hereto.
Utility asem nt . Each Loi: or Unit is subject to appurtenant r zlt f6l underaround lines for utility purposes
under and through such portions the Go re n Areas as are o . ri - f roads, walkways and landscaped arae. If
'11.1y wner utilizes such casement rlc;hts with respect t his Lot
Pr U4l hdi ll be res'ponsible for the restoration t
its former state of ally Portion of the nim Area hi h m �. b a`v''e been disturbed r. damaged as a resutt.
6. Easc-,inents for Encroachments. If anystructure or 11It I�r T ment (including without.1imitatioll r f 7 rh ncr
coiistructed on any Lot to which this section 6 ah, i th r or not constructed its r{ 1 in7 it of the structure or
irnp r vr reit previousjy located. thereon o lon1g, a U h structure or impi,-.ovement is in ub-,-,-tan ti ally the same,
confiuuration ars location. as such prior- Structure or improvement) n o� : � � a t r n ro ach upon other Lot r
Unit r ul) rr any portiori of the Common Areas, a vlidasem' - llt for' r hr rrt and the"m'aintenance
thereof, so long it continues- shall exist. If any structurein olu in `'irffi out limitafion roof v r -h o - on any Lot
shall be partiallyr t t .il v tr an then rebuilt ire r item t ub t ti al v duplicate the location ani.
V,
configuration of the structure so destroyed, m�nr rbment f�r h.:, tr-u tar upon any other Lot or Unit or upon
n portion of the Commoii1 � :.du to ther� r� tr;u t structure's e' air .r a i��l�tldifferent 1 ��� �� than rte
'j -..
predecessor shall b il:i -. ail:d valid a r ra for such encroachme.nts an'd-the maintenance thereof{ so long a
t1i ey contillut, shall t_
ARTICLE AFI
USE , S� RI TION
1, Use of Common Area. Tire::Q t on Area h0. ,used only in a maim r consistent with their cornmunity
mature n with theuse r tri �� l i t t i. set :for-th in thisDeclaration,
t Residential Use. The Property is n ... f6rand restricted to single it d residential use pursuant to applicable
rlin o, 0i'dinances of the City of Rexburg`.-:-- ELot or unit and Owner is subject to the uses and restriction's
impos e d by such zonhag,in lu i.zx � but n of limited t u �� ars r in r ' �
t tl ons. Lot r � 7 tshall
u occupied,, r l t r 1 �i l tI LICA ordinances so as to createnuisance or to interfere with the rights
of Priv other ,:ii r,
Prohibited use and Nuisances. The following uses and practicesr i .11y rob.1bit d, in addition to ars
dill n l r hibiti zl hi li may, from tirne to time, be adopted by the Board pursuant to Section 3 of
ARTICLE I1 of the BYLAWYS Declaration:
a) No unit or any part thereof shall be used or occupied by aiiy rsoiis not iwith-in the definition of
"Anil "} as such ten -n is defined and intended M. the nig � r inan the r hur s o .
th
date hr.
No lease of anynit shall be for less tli an the whole thereof.
. No ani'mals, livestock, or paukry of any kiiid shall be pemilttedany Lot or within any unit except
such domesticated household pets or birds as areallowed pursuant to the .. ul s an cru1 ati n .
I=
in lu xrr� lase laws. adopted b\1 thecard pursuant t Section 3 r ARTICLE 11 ofthe BYLAWS
Declaration.
d) No parking of vchicles of au y kind on the Streets, ri Fate dr'�f � r park" � � � . th' the
Development be permitted except as set fig In rules and. a lati ..s t the .rd
pursuant to Section 3 of ARTICLE 11 of the BYLAWS Declaration.
e) No outside television or radio aril or antenna, satellite di li or other similar device for reception or
tra,rismission shall be permittedany Lot or the exterior of any Unit except pursuant to written
approval of the DRQ' pursuant to Rules and Regulations adopted by the hoard pursuant t Section _3 of
ARTICLE 11 of the BYLAWS Declaratioll.
f) No reit within the Developrnent shall ntain any coal or go d-bumincr fry la .stove, or other
similar dcvlce unless the same is EPS approved . r' unless such fireplace, stove, or other device is fueled
by natural a -as only- or ii contains a swaincoo
1 r.
DESIGN REV`
1. Design Review Committee, The Board of Directors of the o iA :-small appoint a three-member Design Review
MMx t [(the "DRC), C 7 , th functioii of which shall be to ensure that`dlt`mprovements n landscaping within the
Development h n-nniwith �1-SMI ul�� u dill and structures. The '.five not be composed o' Owners. If the,
]SRC is not appointed. t .. ar it -self hall perfonu the duties required of the -DRC.
. Submission to DRC. x cpt for original" -tru tion by Declarant, no Unit or accessory of or addition to a
,it
which 'is v1sliblefrom th%eo rnm nAr a� h. ll be constructed r aintain d and no alteration repaintina or
refurbishing of the exterior. -of -,any Unit. 'ha l7_' e, performed, unl compete. plans and specificationshertof have first
been submitted to aiid approV&d-'by.t,-he-DRC.
3-
Standard. In deciding h th r to app'ro-ve or disapprove . l l �.n a d specifications submitted t
o it, the shall use it
best j u d orm ent to insure th at all imp r o v eiptsy c on s trLi ction 1 teds capin g and al ter at'ions n Units within the
Development nf r to and hannonizes witil..existing surroundingsand structures. My structure hereafter
constructed n any Lot or Unit in replacemerifdf:tlie structure previously located thereon shall. be constructedin
substantialiv the sarne confi.guration, location.{ and -iftectural style and he approximately the saes size as the ri 1-
structure.;azo d if the plans ata d specifications thereof meet such criteria, the DRC must approve the same.
,. Approval Procedure, Except as provided 1i.i Section 3: aiay plansand specifications submitted to the DRC shall b
approved or d1 sapproved b y it i ii with ith'n 3 0 days ft r u «i i oii. In th e event the DRC f ai is to take any
action witlilli such . if td period, it shall be deemed,to have approved the material submitted except R) those
respects to whicli such material is not hi -conformity with the rovi i n this I l rati n., as to Which r e t it
shall be deemed disapproved.
. Detached e id nti l Unit. Dctached Residential units constructed on Detached Residential Lots, if any, shall met2t
the m im m size requireinent, exclusive of g r ,
decks, ati ', or l a rn nt (if ars ,F to be detennined by the
Board. Quality f building materials, color scheii-tes� and landscaping plans shall be as required by the DRC
Construction. Once becrun. any im r v nient . nstru tl rlay In - It ratl ns approved the l l
diligently pursued to completion. If reasonably nteessar t na h h such improvcanent, constriction.laiidscap1jig, r
:. alteration, the person or persons carrving out the me shall bt entitled to tempo,.-arlly use and
Common Areas in the vicinity the tivity. Provided that the shallpromptly restore such areas
t rrlrr
onditIoD Nkfh en the use thereof i s n o Ion. r required.
. Liability for Damacres. Neither the DRC nor any member thereof shall be bald liable fir such damacires- by reason of
any action, ina ti n.,p r v l.) or disapproval taken or ui v n without mall b such i.n tnbr or the mit% respect
to any request made pursuant to this ARTICLE V11.
Decla-rant'sbl i a.ti r . Dectarant herebv covenants in favor~ of each Owner A) that all Units to be erected by it and
all I'MPTOvememts of the Common Ai-eas to be accomplished b it in the Deyelopment will be arch't turll
..e
compatible with respect t one another, and b that on the date On which th1 -De l aration is fled for record 131 the,
Public Records all Lots, Units and Common Areas as o the el ofwdllbe. locatedapproximately in the locations
shown on the applicable plat.
Ti 4 1111
I UA& C
I. Hazard hasurance. The Board small procure .and maintain from a company or companies h . ijfinancial rating
Class A or better frorn Best's Key Ratinu grid - a policy r- policies hazard insurance i F
�. y an.:rnt �r an-iou.ts
equal to orexceedinu the full r plary rnept Val(exclusive of the l land, foundations
.
Y vati n and other` Items
normally excluded from cod{arms) th : Coinmen Areas �n b the Association acrd�� tl�� T .� F
r %o and
Condominium -Units (and/or buildings in w i 1 "" s-L't wilts exist, includir)g all b ildin service ui to nt, if any,and
the like), but not the contents thereof, and all goofs: 46 , and structures comprising in Townhouse Units ° is(recrardless
'ani definition thereof in thisT1 ...with an of d rTrountEndorsement., r its ui�Fal rrt, i ��ailabl _
r n Inflation GuardEndorsementi and such tl�. r, n d rs�� nent� as: th Board ma�� deem t arrant d and
reasonable. Such insurance policy or policies sball ria the Association -as in cured Lr th.e benefit the Owners
t� t
their interest ar, and dal l affordprotection, to extent ° apl J c a b I c -:i u-crun st at 1 east the fl lwin:
a I...c)s-s or damage by fireand other ]jLazards coy{ r d.,bV the standard xt n.d d coverage endorsement.- and by
vandal,I r��, I a1i i l i k wind storm andYa:t er a aa - and
e u . ogler r-1 . : r o customarily covered with. respect t it its similar 1 �- ire. rl tr-� tr r� location . ars use.
Liabil i ty`r'r .ante,,, The Board li .11. procure and. maintain from: a conapany or companies li ldira g a financial ratinu of
Clasp: A or b r -, fro j Best's Ke Rating Guide a p olio �� ars Duties ubli li
abrlrt inslurante t iresur ° tbe
Association, the Board, the ana ire nt and employees of tbe association and tli.e Own raaa'n t claims for
b dilv injui- and r -da�a ari in .out th ndition tri �+ '
. e :.. nmon Areas r activities thereon, under a
mpr h n i ge r l� �' b i 1 i t v F rl�� .: in surae l l b for such l mi is .a the and ma � decide d
but not less
than those limns oustomamy. c rri d rn. connects oil With propefties of cornp,-_irable character and usa.ae iii Madison
LD
County,Idaho, nor less t . n 1 1000,00-0 for persoi.ial ir�jur ' and pro ergy damacre a's'ing t of a singleurT n
i
,such coverage to includer t e . .. a.in. t water damage liability.. liability for non -owned and lu'r d
autrn b i 1 ry
liability for the property f others, and such other r1%sas shall customarily be covered w tli re-spect to property
�lar n. location and use. The policy shall contain a "Sev rab lite Interest*endorsement which shallirnrl
preclude the insurer frorn d nvincEr the la.im of any Owner because of necrl- ��t arts ` the ss iatior� r� other
Owners. and :a cross -liability endorsement pursuant to wh'chthe riAliis of '
the n1ninsured as between thni l
ves
are not prejudiced. The poll'cy small prove that the police may not be canceled or subs-tantial.1v modified by the in u e
�r
Unless it Grives at least 30 days' prior written notice thrcof to each lnsure,. coveracle procured{ the bird
shall be witb ut prejudice to the r' gh t the �rir to 111sure tlin- r,s on ai liability for their olji benefit t'
ffiell,Dell
expense.
. dd�t.i nal lr�� r t F � lRequirements. r General The Board � also procure incur which hall hisure
the oim-non Areas and the 1 so 1 ati n or the OWDers and others aaamst such additional risks as the Board may
deem ads i sb1 , Insurance procured and maintained by the board shall not r- u'i'r ontn b ati on ftton-, inst.incince field
Y any c i the Owners of their Mortgages. Each police of insurance obtained the Board shall, if r s n abl .%r possible
Provide:
aFP Awal v rT
� th ir1 ur� r 1)
ri frt
of subrocration
auainst the .ss i t1 n the. Owners, and their respective
directors,
officers, agents,l
e ttinvitees-
and tenants.
That it rin t be canceled, suspended, OT 'Invalidated due to the conduct of any paillcular Owner or Owners;
c) That it cannot be canceled, suspended, or invalidated dire to the conduct of the Association without a prior
rritt n demand th t the defect be cured;and
d Than any "no other insurance" clause therein sh a : � t apply with respect to insurancemaintained
i.n ivi dua l { by anv of ffie Owners.
Fide,11tv Coversoclation may elect to
M` tri arn fidelitycoverage to protect against dishonest acts on the
part of officers, trustee 1 anacrin agents, directors 'a'n'd.emplovees of the Association ars d all others (includina
volunteers) mrh hand, or are responsible for handling, fund -. �.F th e Asso'e.,lati.on. ha that event, such fidelity bonds
shall
. Naas the Association an obligee;
b) Be wr-itt. ra in ail amount.based upon the best business judgment'':.'the i ti n and shall not be less than
the estimated ma imu: 'n-- .. urs in c tudins reserve fundi in the LI k.0 Cl! V Ofthe
t o,citi n or the
Manaai T Aly nt at any z ft tires during the ter ni of h zed, but in n ��� �� be less than a. sur
� � n equal t
tr xt ssrn rpt on a �l . it plus reserveurs
c) Contain waivers l any d ns . s' LI r1. the exclusion of v lLint r of rvi-t se.i without
compensation ,turnu.y- ni call 0f "e_;M 1p1c1 � " or similar rasion: andd)
Proved that they may not be*.-caiiccledr 1 t l m i t . (Including ni 1. d o ` r nonpayment of
premium) at least - y ' ri r written nofi to the insured..
Review of Insurance. Tlae Board shall r1 dl -a11 ', . and. whenever jequested by OwnersiAl i d to exercise at least
hventy Pert (M%) of . 1. r.ew tduthAssociation's1ns ran
rocTrates and shall report in wiitin a the conclLi S-.01JS Zid action taken on such rev' to the Owner of each nit and t
the bolder of anv Miortga.(ze on any Lot or Unit who shall have requested y of such report. Cop'es of every poll.cy
of insurance procured , the Board shall be available for inspection by any Owner and aTi v Mortaaae
6. Other hisurance Provisions. A1.1 insurmice requiredpUT-Suant to tbis ARTICLE111 sliall be written by insurer
liceiised w. the tate of Idaho. TNIotwitlistandinc, rare lhin in this ARTICLE V111 to the contrary, any insurance
an
r ui i- d to be obtc-u'ned by the Association urisu nt to Sections 13, or 4 of this ARTICLE V111 sh all be requircd only
to the extent that such coy# r .a 1s reasonably t inabl t rtason-able rates an is customarilyobtained wl'th respect
-to unprovements or fit ili.ties have, the saes orsimilar characteristics of the Common Ai - as and Townhouse nits
r risks be.0iry insured.
. Insurance on Detached Residential Units. Owners of Detached Residtntlal Units., if any, shall procure at their sol
cast and expense., and shall ma.i ntat.ji in force- li gad hi uran e on their particuiar Unit and contents and personal
t� a rcla as the and which itii bil 4
O)Alntr's Tedi Fidual circumstances.
Condominium Units: Owners Contents Poll6es. Condomillium Unit Owners shall be responsible to purcliase and
i aint.airi ili force a condominium owner type contents pu (State Farm H06 or q uivatent) with respect to theii,
in clivi' dual Units. All claims for damage t any such unit rust first sub itt b\f the n r t his insure - an i.
contents policy. The Board sliall not be required to submit claims under anyof its Development policies req uirod by
th Is D cc I ara.t1 on for any d arrr age o r 11* ab ilky claims th at sly o u I d or ixot1 d h ave b yen C 0 V e 1'e d and er ars Own r' s c ont nts
of I Cir.
ARTICLE IX
RIGHTS OF MORTGAGES
it and M rtoag Prot � Protection. br ch f ars of th ri ts, Provisions or r '
irements of this Declaration
shall not result ill any forfeiture or reversion of title,, or ofn- her int r t n Lot r Unit orn � ter portion f
..... .....
the propeity. A breach of anv of the covenants, pro VIS-l'or,is,,. 'r requirements o this Declarafion shall not defcat,
impair{ or reader invalici the ilea of, or other r1 t � r iany,. Mortgage,, Unless andnt'l it enters, into ass ssion. or
acquires title pursuant to foreciosure, or any arranorement or proceedincr in lieu thereof, any Mortgagee interested
under any MortcraGe affectma a Lot for Unitor any other'p6ition of th . 'r ` rt y shall have no obl'gation obligationto take any
action to comply with and mav not be compelled to t a arl:Y ti �� t � y with, any o thcovenants.provisions,
or requiremp.11ts of this Dcctaration (other than triose, if any, oonq -a consent or approval to be given by a
Mortcyaaee if such Mortgagee's failure to do so is wr on fuh) No aim i -neat to this Dec] aration shall in any way
affect the ri uhts o fn v M o Ag ag e ii am ed i n a M oftgage whi ch i1n eff6cf at th e t i m e o f th e amen dm ent � r th e ri gh t s
f aiiy successor in interest. 6r.fitle to such Mortgagee, ither before or a t ''Morto-aace or its successor ent rs
into possession or quirt-3,Ls title pursumt to foreclosure or any aiTanacm nt br p'rod' re ��� lieu t . reof, nle such
M rtua� � li. s s t .i n Wliti t -.s h amendment.
Preservation of Common.,Area. The Conifn'o'n�Area shall i-ernain substantiallythe sarne character. type and
con -figuration as When such Co.mmon Aa %±.__- s. became part of the Development. Unless the Association snall ri T
r .
ti i e p ri o r wi -itt en ap p r o v a 10 fa 11 fiest `Units and b) at least two thirds / f the utst .dile: - votes
in the Association, the Associatibfi ',shah ''not be.Mitl --by- act i- omission t band ii, ar iti n su divi' de encumber
w
sell, transfer, or materially modify tho .Coinmon Areas"' N ccpt. to grant r as o nab 1 e e as em ents for u ti l i ti e s an d si t I ar
related purposes.
.. Notice of Matters f tib er otrrity. The A..ati n shall ive. WI-itt n notice to anv Moftcyadot r�i
n. t
requesting such notice
a) There is any r t ri l default by the Owner of the Lot or Unit subject to the Mortgage. lin perfoi-mance of an
o l irati on un d r this I - 1. ration or th Articles �f the ss of anon hi h is not cured iithin 60 days after
default occurs; or
b) amacjr� t � the o o . Areas Enol. arsv one occurrence rence exceeds 1 X00. r
c) There is any ori d ijiti on or taking ml'nent domain of any mattrIal portiori of the Cominor, eras.
. ti c� of Meetings. The Boa! -d Boa!-dshall cj-ive to anv Moi-tgagee of a Lot ort t r l� . t] ng tip o s �� notice of tl
g
meetings of the Association, and such Mort�a.g shall have th ri ��t t designate. irl � rit i a representative to ate Dd
.all such m t s.
D
r'
aht to Examine sitn Records. upon ushavetsmrt t ir�I t books cyr,f
and records of the. Association,n receive inan i l statements, as thewn tr of the Lot or Unit securing the
Mort�a. .
. Ricrht to Pav Taxes and Clianzes. Mortcyacrees may, Jointly r sinorly., pay taxes of tla r charges which are in
default
and which may, or have. b le a ch arge against an y Porti on of th e C.ornm on kreas and may p av v e-rdu e premi ums
on insuran cc poli .i es p ertalrilrr L)- to th mm on areas on the I aps e of a pohcy and MoTt uagees making such
payments shall be owed immediate reimbursemem therefore fr rn the Association.
. Priority Accord . No provision of this Declaration gives{ or may �r ,:'a Lot or Unit Owner or- aijv other party
priority vtr an y rights of _Mr to pursuant to their respective Mortgage .in the. case of adistribution t Lot or
Unit Owners of insurance proceeds or condtmnation awards for loss to or taking Units a d r theCommon Areas.
. Construction. In the event another provisioii �)'Ithls Declaration",deals -with:the same subject matter .s is dealt with III
any provision IT clause of tlils ARTICLE IX, the provision or lwith res the greatest rot ti n and
security foT a Mortcra,,(,Tee shall control the r vbts;obligations, or lir-nils. of authority; case may be.. ap-
plicable to the
`f},1 �{'j� 1 �f�] iI �I• `{�,� }I�'�'•�j [�-y, ,..
Association with respect to the subject n isi d.
ARTICLE X
PARTY NV.A.LLS
I . General Rules of Eger to App 1 v. Each wall .t b • bt i_1 t .- part of ther' 'anal construction f th 3� nits and placed
substantially on a dividing line between L is 's�� J in -s' fi ut part{ wall, and to the extent not inconsistent t with the
provisions this i t , thgeneral rules f l �.�� :r � rdii� � '�e {��i r� � i1i� for � � t negligence r
willful lful acts or omissions shall apply thereto.
Sharing Repair and Maintenance. TI -ie cast of reaso bl a.ir and 111air .t .n of a party wall shall b shared by
the Owiiers who make use of the wail in proportion to su -11: use.
tmeti n . f `ii- : p v th er C asualt . If a art mall is de str v.*e'd or damacred by fire or other casualty, any Owner
,vvh o -tea's u s e d th e Nv al I Mav res tore it, an d I f th e 0 wn er of an o th r' ' Lo t th ereaft er r it ak e s Li se of th e � v al 1 U Ch other
OW nshall contribute to' � o t of r st r at'on thereof ITI odos to such ns: flfregorn'n(T provision shall not
pre?a•i � ..ho r��. t1i ri ht o -f "rill wn r t call for i rr contribution from nth r Owner- under any rule
• . ... CF � is
regarding liabi'lity nor neuligent o ' illful acts or omissioiis,
. Weatherproofing. -'.N`otwithstandingu.° .:otherprovision theARTICLE Xn Owner wb , b his negligent or willful
act., causes a party wall to be exposed el m.ents shall bear flie wbole cost of dui-ni shin.. necessary protection
against such elements+
. Right to C ori.trIbutt on RU S w'itb . f1l Land. The. right of any 0 wn er t o c orm'ibuti n from any th r- O n r under this
ARTICLE X shall be appurt nant(O the laiid or Unit and shall pass to suchOwner's successors 'n title.
EXECUTED by Declaralit on the day and year first above vvritt n.
BNS DESIGN & CONSTRUCTION, INC.
STATE OF IDAHO
C Ota -T F MADISON
On the y of � p r ti 1l r r m Ey e. SMITH
H w1io being l
w.,civthat he is tlie PRESIDENT of BNS.S DESlG--NT& CONSTRUCTION, INC. the corporation that executed the
above and foregoinor'instrument and that said instrument -was sluiiediii behalf o ' corporation by authority of its
bylaws r by authority ofa resolution of its boards of directors).said NEAL SMITH ackriowledcred me that .i
coiTaration executed flul-', same.
My Commission ExplITS,