HomeMy WebLinkAboutDECLARATION OF COVENANTS - 07-00292 - Founders Square - Preliminary PUD'1
DECLARATION OF CDVENANTS, C ONDITIONS., AND
RESTRICTIONS FOR
THIS DECLARATION
OF COVENANTS,
CONDITIONS AND
RESTRICTIONS FOR
FOUNDERS
SQUARE
is made effective as
of the day of
by
Founders Square LLC ("Grantor" and "Class B Member") and FOUNDERS SQUARE
SUBDIVISION HOME OWNER'S ASSOCIATION, INC., an Idaho non-profit
corporation (the, 'Association.")
AR TICLE I RECITALS
1.1 Property covered. The property subject to this Declaration of Covenants,
Conditions and ct6 Restri ions for The Founders Square S(the
in is property the County of Madj*son, State of Idabo.wh'ch"Declaration")1 is
more particularly described xn Exhibit A. attached hereto and made a part
hereof (the "Property"}.
1.2 Purpose of Declaration. The Founders Square Subdiviszon is a residential
development, which Grantor currently intends to develop rn accordance with
existing development approvals obtained from the County of Madison and
documented In Madison County files, or any other development plan(s) for
which Grantor may from time to time obtain approval. Grantor 'intends to
develop the Property in one phase, additional phases maybe added. The
purpose of this Declaration is to set forth the basic restrictions:, covenants,
limitations, casements, conditions, and equitable servitudes (collectively, the
"Restrictions") that will apply to the entire development and 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 Area, lots or easements and the Improvements
located thereon.
ARTICLE 11: DECLARATION
Grantor hereby declares that the Praperty, and each lot, parcel or pori
on tf,1s
and/or shall be held, said, conveved, encumbered, hypothecated,, lased,E/ A, 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
1
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 A.ssociation.
Not withstanding the foregoing, no provision of phis Declaration, shall be construed as
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 off ces 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 "Articles" shall Ynean the articles of Incornorati-onpof the Association or
other organizational or charter documents of the Association.
3.2 "Founders Square" shall mean the Property.
3.3 "Assessments" shall mean those payments required of Owners and
association Members.
3.4 "Association" shall mean the Founders square Homeowners' Association,
Inc. anon-profit corporation organized under the laves of the State of
Idaho, its successors and assigns.
3.5 "Board" shall mean the Board of Directors or otherrgoverning board or
individual, of applicable, of the Association.
3.6 "Building Lot"" shall mean one or more lots as specified or shown on any
Plat upon which Improvements may be construed. The term "Building
Lot" sha1X include single-family residential lots,, but shall not include
Common Area.
3.7 "Bylaws" shad mean the Bylaws of the Association.,
3.8 "Common Area" shall mean any or all parcels of the Founders Square
Homeowners' Association, Inc,, that are designated. an the Plat as
canamon area easements or lots.
3.9 "Declaration" shall mean this declaration as it may be amended from time
to time,
3.10 "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,
3.11 `LImprovement" shall mean any structure, facility, or system, or other
improvement or object, whether permanent or temporary, which is erected,
construed 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, sheet lights, mail boxes,
electrical lines, pipes, pumps, ditches, recreational facilities, and fixtures
of any kind whatsoever.
3.12 "Limited ,Assessment" shall mean a charge against a particular Owner and
such Owner's Building Lot, directly attributable to the Owner,. equal to the
cash incurred by the Association for corrective action performed pursuant
to the provisions of this Declaration, including interest thereon as provided
in this Declaration.
3,13 "Member" shall mead each person or entity holding a membership in the
association.
3.14 "Uwnez-'shall mean any individual, partnership, corporation, or other
legal entity.
3..15 "Person" shah mean any individual, partnership, corporation, or other
legal entity..
3.16 "Plat" shall mean any subdivision plat covering any portion of the
Property as recorded at the office of the County Recorder, Mad.J son
County, Idaho, as the same may be amended by duly recorded
amendments thereof.
3.17 "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.
3.1$ "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 casts 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.
3.19 "Special Assessments" shall mean the portion of the costs of the capital
improvements or replacements, equipment purchases and replacements or
shortages in Regular Assessments whish are authvfized and to be paid by
each Owner of the Association, pursuant to the provisions of this
Declaration.
ARTICLE IV: GENERAL AND SPECIFIC RESTRICTIONS
4.1 Structures — Generally. All structures are to be designed, construed and
used in such a manner as to promote compatibility between the types of
use contemplated by this Declaration,,
4.1.1
Use, Size and Heights Dwellings Structure. All. Building Lots shall
be used exclusively for singe -family residential purposes. No
Building Lot shall be inaproved except with a single-family
dwelling unit or structure of frame, stone or brick construction,. No
structure shall exceed thirty-five (35) feet in height. leo single
family structure shall have a floor area of less than one thousand
(1000) square fejt for a single level bome or sever hundred {7Q0}
square feet on the -first flour of a t-�vo-story' home with the total
above ground square footage not to be less than twelve hundred
(1200) on any singly -family dwellIng. In addition, garages must be,
a minimum of four hundred (404) square feet, but exclusive of
patios, breeze ways, storage raonls, porches, and similar structures.
Basements are allowed inhere feasible-
4.1.2
Accessory Structures. Detached structures shall be allowed if in
conformity with the provisions of this Declaration, and as
..�, approved by the Architectural Committee. There shill be no meal
storage nor woad storage attachments to any dwelling unit except
as approved by the Architectural Committee. Garages., storage
sheds attached to the residential structure, and patio covers, shall
be construed of, and roofed with, the same materials, and with
similar colors and design,. as the residential structure on the
applicable building lot. Each dwelling unit shall have an attached
or detached garage to house a minimum of two (2} cars with a
minimum of two (Z) entry bays, A11 driveways and. parking arias
are to be kept in dust free condition. Garages to be built at least 30
feet from the front property and no less than. 20 for exceptions to
be reviewed by the City of Rexburg Planning and honing
Administrator, Garages an side load corner lots to be set back 20
feet from side property line. The ACC (Architectural Control
Committees shall strive to minimise garages that are overbearing
and openly visible from the street.
4,1.3 Exterior of Dwelling Structure. No change shall be mane in the
color of paint, stain, or ether exterior finish to a dwelling unit of
structure without prior written approval by the Architectural
Control committee. No fence shall be allowed on any P roperty
except that fence be a 6' cedar fence stained according to ACC
requirements. The visual harmony and aesthetic appeal of the
structures on the Building Lots and improvements thereon, the
--�Architectural Committee shall have the right to control the texture,
design, and color scheme of the outside walls, fences., roofs,
and
patio roofs of all structures erected, upon Building Lots., and to
require landscaping.
4.1A Location on Building Lot. Unless otherwise specifically approved
d.
in writing by the Architectural Committee, homes located on the
entry boulevard shall be placed f fteen (1 5) feet from the front Lot
-line of the Building Lot (back of sidewalk) on which structure is
located and ten ( 10) feet from the front lot line on all interior lots,
or closer than five (5) feet from, any side or fifteen (15) feet from
any back Building Lot line of the Building Lot on which structure
is located. Buildings on comer lots shall be ten ( 1 0) feet from back
of sidewalk on the side. For purposes of this section 4.1.4, eves,
steps., chimneys, and gutters shall not be considered as part of the
structure. Open porches shall be considered a part of a structure.
ACC reserves the right io require alternative setbacks in certain
circumstances where such would 'improve the overall feel and
quality of the community and within those setback guidelines
allowed. by the City of Rexburg.
4.2 Excavation.. No excavation for stone, sand, gravel, earth or minerals shall
r.,� be made upon Bu-1ldincy Lot unless such excavation is necessary in.
connection with the construction of an approved structure thereon. No oil
drilling, oil development operations, oil refining, quarry ng, or mining
operations of any kind shall be permitted upon or in or under a Building
Lot. Na derrick or other structure design. for use in boring for oil or nature
gas shall be erected, maintained or permitted upon any Building Lot.
4.3 Antennae. No exterior radio antemia, television antenna, satellite dish
antenna Internet antenna cell tower, or other antenna of any type shall be
erected or maintained on the Property unless it is located or screened in a
manner acceptable to the Board.
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 law.
4.5 Na Further Subdivision. leo Building Lot may be further subdivided.
4.6 Nuisances. No rubbish or debris of any kind shall be placedor
permitted
to accumulate anywhere upon the Property, 'Including Common Areas or
-�. vacant Building Lots, and no odor shall be permitted to arise these 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. All refuse, garbage and
trash shah 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 sen. -ices. Vacant Building Lots are to be kept in
clean natural stat. No noise or other nuisance shall be permitted to exist
or operate upon any portion of the Property so as to. be offensive or
detrimental to the Property or to its occupants or to other property in the
vicinity or to its occupants. No Owner shah pem-ii6t 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 ether Owner's or occupants. No offensive noise,
language or behavior is allowed. The term nuisance shah 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 disrepai.r, and each improvement shah at all times be
----. keit in good condition and repair. In the event that any owner shall permit
any improvement, including tries and landscaping, which the
responsibility of such [owner to rnaintain, to fall into disrepair so as to
crate a dangerous, unsafe, overgrown, weed infested, unsightly or
unattmctive 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, as the
case may be., for the cost thereof. Such cost shall be a Limited Assessment,,
in accordance with Article VIII of this Declaration, which Limited
Assessment shah be secured by a lien on the owner's Building Lot(s) 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 personably liable and such Owner'sYropertmay 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.$ NoHazardou.s Activities. Na activities shall be canducted on the Property,
and no improvements construed on any property which are or might be
unsafe or hazardous to any person or property.
—* 4.9 Unsightly Articles. No unsightly articles shad be permitted to amain on
any Building Loi 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 tines in such containers and in areas out of
sight or as otherwise approved by the Architectural Commi
rwttee. 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 Loi except with an
enclosed structure or as appropriately screened from view. Nobufl.ding
materials of any kind shall be placed or snored on a Building Lot until the
Owner of such Building Lot. or such Owner's builderis 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}, shack, or other temporary
building, improvement or structure shall be placed upon any portion of the
Property, except temporarily as may be required by construction activity
undertaken on the Property.
4.11 NoUnscreened Boats, Campers and Other vehicles. No dilapidated or
unrepaired and unsightly vehicles or similar e9uipu-ient, as determined in
the reasonable discretion of the Board., shall be placed upon any portion. of
t-.., the Property (*ncluding, 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, a11-terraiD
vehicles, motorcycles, recreational vehicles, bicycles shall be shared in the
area between the front plane of a dwelling unit on a Building Lot and any
street, ar in any dwelling unit setback area.
4.12 Animals/Pets. Na animas, poultry or livestock shall be Dept on the
premises. This paragraph 4.12 does, not apply to thekeeping of up to two
(Z) domesticated dogs, up to two (2), domesticated cats, and other
household pets which do. not unreasonably bother or constitute a nuisance
to others, provided such animals are not kept, bred or, maintained for y
commercial purpose. All dogs must be leashed when outside a dwelling
unit, except when in a fenced yard. Chronic doh barking shall be
considered a nuisance. Animal shelters, enclosures or other such buildings
must be in architectural hannony with the dwellin.g unit on the Building
Lot.
4.13 Landscaping. The Owner of any Building Lot shall have grass and/or sod
with full -automatic sprinklers in the front., side, and back yards and
landscape such Building Lot in conformance with a landscape plan
approved by the Architectural Control Committee. Lot owner shall follow
guidelines set by "CommuI-Iity Architectural Plan" and shall be
responsible to landscape park strip between sidewalk and street as set -out
by the "Community Architectural Playa." A minimum of two three -Inch
caliper trees must be planted in, the front yard with appealing landscape
P 1,
features as part of the landscaping plan. The entire yard must be entirely
landscaped prior to occupancy or within 30 days, from when weather
permits such l.andscapi*ng to be complete. Prior to construction of
Improvements, the Owner shall provide adequate irrigation and
maintenance of existing trees and landscaping, shall control weeds, and
maintain the Owner's property in a clean and safe condition free of debris
and hazardous material. Each Owner is responsible for irrigating. and
mowing all park-sfrips in right -of - way that border such Owner's Building
Lot. All trees located on common Building Lot lines shall be the Joint
responsibility of the adjoining Building Lot owners.
-
4.14 Exemption of Grantor. Nothing contained herein shall limit the right of
Grantor to subdivide or resubdi'vi'de any portion of the Property, tQ grant
licenses, to reserve right-of-way and easements with the respect to
Common Area to 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 Lot in the Property remain unsold.
Such right shall include, but shall not be limited to, erecting,..,, constructing
and maintaining on the Property such structures and dispiays as may be
reasonably necessary for the conduct of Grantors business of completing
the work and disposing of the same by sales lease or othem7ise. Grantor
shall have the right at any time prior to acquisition sition 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,,
4.15 Signs. ACC shall approve ALL signs in any given phase of the
subdivision during construction until 1 00% of that phase has been
occupied.- Grantor reserves the right to place signs in common areas and
right-of-ways where, when and how ii pleases until 100% of the entire
subdivision }gas been occupied. Once a phase is occupied, no si*gn 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 connect* with the development of the Property and sale of Building
. ion wi
�,. Lots/Homes; (2) such signs identifying The Founders Square Subdivision,
or informational signs, of customary and reasonable dimensions as
prescribed by the Architectural Committee may b e displayed on or from
the Gammon ..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 "far sale" or "for lease" sign
not more than three (3) feet by two (2) Feet shad not require Architectural
Committee approval. No sign shall be placed in the Common Area without
the written approval of the Architectural Committee.
4.16 Adoption of Rules. The Association, through its Board of Directors, may
adopt reasonable rules not inconsistent with this Declaration relating to the
use of the Common Area and all facilities thereon, andthe conduct of
[owners and their tenants and guests with respect to the Property and other
owners.
ARTICLE V: THE FOUNDERS SOTTA RE SUBDIVISIQN
ROMEOWNERS'ASSOCIATION, INC.
5.1 Organization of The Founders Square Subdivision Homeowners'
Associaflon.,, Inc. The Founders Square Subdivision Homeowners'
Association, Inc. (the "Association") shall be initially organized b
Y
Grantor as an Idaho non-profit corporation under the provisions of the
Idaho Code relating to general non-profit corporations and shall be
charged with the duties and invested with the powers presc6bedby haw
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 Assoc'afion- 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 the votes aftributable to the building lots which they own, or
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
Bu"Ilding Lots which the Membear, including Grantor, owns. �Nhen more
than one person holds an interest in any Building Lot, all such persons
shall be Members but shall share the votes attributable to the Building Lot.
For mooting purposes, the Association shall have two (2) classes of Member
as described below:
Fam
^•. 5.3.I Class A Members. owners other than Grantor shall beknown 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 Members. Grantor shall be known as the Class B Member,
and shall be entitled to one thousand one hundred (11, 00) mates (that is, 10
votes for each of the I 1 0 approved Building Lads) less ten (10) votes for
each hams occupied by owned by someone other than the 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 holds fewer than one (l) lot.
B} ten (10) years after the date this Declaration is recorded 1*
11
the official records of Madison County, Idaho.
Fractional votes shad not be allowed. In the evens 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 vole on the matter being put to a vole.
When an Owner casts a vote, A 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 voter may not be severed or separated from the ownership of the
Budding Lot to which it is appurtenant, except that any Owner may give a
revocable proxy, or may assign such Owner's right to rote to a less%.imdfxA.,,
mortgagee, beneficiary or contract purchaser of the Building Lot
concerned, for the berm of the lease,, mortgage, deed of trust or contract.
Any sale, transfer, or conveyance of such Building Lot to a new Owner
shall operate automatically to transfer the appurtenant voting right to the
Owner, subjectto 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 hoard of
the Association shall be elected in accordance with the provisions set forth
in the Association Bylaws.
5.5 Power 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, the 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 bane 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
zncidental to the proper management and operation of the Common
Area 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
with limitation:
5.5. 1..1 Assessments. The power to levy Assessments on any owner or any
portion of the Property and to farce payment of such Assessments, all in
accordance with the provisions of this declaration.
5.5.1.2 Right of Enforcemerit. The power and authority from time to time in ids
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 of the Articles
or the Bylaws.
5.5.1.3 Emergency Powers. The power, exercised by the Association or by a
person authorized by it, to enter upon any property abut 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
--, connect.1011 with any maintenance or construction, for which the
Association is responsible. Such entry shah be made with as little
inconvenience to the Owner as practicably, and any damage caused
thereby shall be repaired by the Association.
5.5.1.4 Licenses, Easements,, and Rights of Way, The power to grant and convey
to any third party such Incenses, easements and rights-of-way in, on or
under the Common Area as may be necessary or appropriate for the
orderly maintenance, preserveation. of the health, safety, convenience and
the welfare of the Owners, for the purpose of constructing, ereciing,
operating or maintaining:
5.5.1.4.1 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
5.5.1.4.2 Public sewers, storm drains, water drains, and pipes, water supply
system, sprinkler systems, heating and has lines or pipes, and any
similar- public or quasi' -public improvements or facilities.
5.5.1.4.3 Mailboxes and sidewalk abutments around such mailboxes or any
service facility, berm.) fencing and landscaping abutting common
�.
areas, public and private streets or land conveyed for any public or
quasi -public purpose.
The right to grant such licenses, ion aneasements, and rights of way are hereby
expressly reserved to the A 'atd may bme granted at any tie priorr to
twenty-one X21 } years after the death of the issue of the individuals executing
this Declaration on behalf of Grantor who are in being as of lxe date h
5.5.2 Duties. In addition to duties necessary and proper to carry out the power
delegated io 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 Comman Area. Operate, maintain, and
otherwise manage or provide for the operation., maintenance and
management of the Common Area,
5.5.2.2 Maintenance of Berms, Retaining Walls and Fences. Maintain any and all
berms, retaining walls., and fences within and abutting the Common Area.
5.5.2.3 Taxes and Assessments. Pay all real and personal property taxes ad
'�assessments separately levied against the Common Area 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 insunng 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 Assoclatian, in the event that
the Association is denied the status of a tax exempt corporation.
5.5.2.4 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 fair the Common Area., and to manage four
the benefit of the Association all water rights to receive water held by the
Association whether such rights are evidenced by license, permit, clail-n,
stock ownership or otherw=ise.
5.5.2.5 Insurance. Obtain insurance from reputable 'insurance companies
authorized to do business in the State of Idaho, and maintain xn effect any
insurance policy the Board deems necessary or advisable, including,
without limitation the following policies of -insurance,
--� 5.5.2..5.1 Fire insurance including those. risks embraced by coverage of the,
type known as the broad form "A11 Risk" or special extended
coverage endorsement on a blanket agreed amount basis for the full
W
nsurable replacement value of all improvements, equipment and
fixtures located within the Common Area-
5.5.2.5.2
Comprehensive public hiabiI ity 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 habil.ity of
such coverage's shall be as follows: Not fess 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.
5.5.2.5.3 Full coverage directors' and officers' liability insurance with a limit
of at least Two Hundred Fifty Thousand Dollars ($250,000).
5.5.2.5.4 Such ocher insurance, including motor vehicle insurance and
Workers' Conapensation insurance, to the extent necessary to
comply with all applicable laws and indemnity, faithful
..�,
performance, fidelity and other bonds as the hoard 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.
5.5.2.5.5 The Association shall bc deemed trustee of the interests of all
Owners in connection wzth any insurance proceeds paid to the
Assoc Xaiion under such policies, and shall have full power to
receive such Owner's interests in such proceeds and to deal.
therewith.
5.5,2.5,E 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•5.7 Each Owner may obtain insurance at such owner's expense
providing coverage upon such owner's Building Lot, such Owner's
personal property., for such Owner's person liability, and covering
such other risks as such Owner may deem appropriate, but each
such policy shall provide that it does not diminish the insurance
carriers coverage for liability arising under insurance policies which
the association obtains pursuant to this article. All such insurance
shall waive the Association, the other Owners, and servants, agents
and guests of any of them, if such insurance can be obtained in the
normal practice without additional premium charges for the waiver
of right of subrogation. Proceeds of such insurance claims shall be
paid to the owner of the Building Lot and/or the Mortgagee.
5.5.2.6 Enforcement of Restrictions and Rules. Perforn-i such other acts,
whether or not expressly authorised 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 liamiatatimon, recordation of any claim of lien with the
Madison County Recorder, as more fully p
rovided 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, fawner, or to any other party, including the
Assoc iation, for any damage, loss or prejudice suffered or claimed on the
account or any act,omission, error or negligence of the Association, the
Bard, the manager, if any, or any other representative or employee of the
Association, Grantor, or any co�rnmitiee, or any officer �f the Association,
or {Grantor, Provided that such person, upon the basis of such xnformation
as may be possessed by such person, has acted in good faithwiihout
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 Operafing Statements. A pro-fon-na operating statement or budget, for
each fiscal year shall be distributed not less than sixty (6O)days before
the beginning of each fiscal. year. The operating statement shall
include a schedule of Assessments received ana.receivable, identified
by the Building Lai number and the name of the person or entity
assigned.
5.7.E Balance Sheet. Within thirty (30) days after the close of each fiscal
year, the Association shall cause to be prepared and delivered to each
Owner, a balance sheet as of the last day of the Assoc-at-
year
on�' fiscal
and the annual operating statements reflecting the income and
expenditures of the Association for its Iasi fiscal year. Copies of the,
balance sheet and operating statement shall be distributed to each
Member witllin. 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 for such meetings established by thBy-laws, �eprovided, 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 to
all.Members, and any person in possession of a Building Lot, not fess than
ten (10) days nor more than thirty (3 0) days before the meeting and shall
set forth the place, date and hour of the meeting and the aiure of the
business to be conducted. AIS meetings shall be held within the Property or
as close therein 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 Gass A Members representing Owners
holding at least thirty (30%) percent of the total rotes of all Class A
Members, shall constitute a quorum. If any meeting cannot be held
because a quorum is not present, the Men-lbers present shad adjourn the
meeting to a time not less than ten (10) days nor more than thirty (3p) days
from the time the original meeting was scheduled. A second meeting may
be calked as the result of such an adjournment, provided notice is given as
provided above. At any such meeting properly called, the presence of any
Member shad constitute a quorum.
ARTICLE V1.* ARCHITECTURAL CONTRO1, RARtr nFcw:nr
6.1 Architectural Desi
Architectural Control:
Submission
CRITERIA
Criteria
• Prior to construction, plans, elevation, and plot plan must be approved by
the Architectural Control Co
mmittee. To obtain approval, submit a yet of
plans including floor plan, 4 -side elevations, plot flan, and a $30p plan
review fee (payable to McKibben Cooper Architects) to McKibben
Cooper Architects.
• Plans will be. held until 30 days following completion.
Architectural Theme
The exterior of all homes shall be designed and built using a Colonial
Architectural Style (see attached example elevations for assistance). All
colonial styles will be considered.
iW
Colors
•
Paint chips, shades of red brick., stare; or stucco colors must be su
for approval prior to applying themto the home.
Construction:
Architectural Shingles
square .Footage
' 25 year mixdmum.
• Blacks and Grays.
bmifted
r
M'Inimuni square footage for a single level. 1000 square feet of
living ares exclusive of all garages, porches or patios;
700 an.
7na.in-level for tufa-stork with 1200 minimum above -grade square
footage for all home types.
Basemellits/lFouiadati-011
• First floor shall be built.2.5 feet above sidewalk grade with steps to
front door/porch. Finished and unfinished basements allowed.
Roof Pitch
Minimum 6/12 roof pitch. Variances to pitch allowed with ASC
approval.
Elevations
ACC reserves the right to reject plans which lack integrity and balan%1C.-
according to their judgment,, If also reserves the right to make exceptions to
these requirements when so doing w��l enhance the arch�tectur�Z qua�z�y an
feel of the community.
• Use of a single siding style on a street view exterior surface wall is
required (ie, all brick, stone, wood plank siding, or stucco,
horizontal wood siding, wood board and batten siding, wood
shingles).
Exterior materials to be consistently applied in colonial styli, such
as brick, stone, stucco, axid wood plarLks.
* Boxed or returned soffits.
� Windows mush have relief or additional trim materials to give
definition.,
• Stone, back or stucco - if home has architectural appeal the ACC
may waive the sone, brickor stucco requirement. This must be
obtained in writing.
a Minimum of 6"' fascia.
•Minimum 12" overhang. Must be flat on front elevation to
accommodate exterior soffit can fights.
4�
Garages
• No vinyl or metal siding except soffit and fascia boards
• No split -miry or tri -level homes will be approved.
� No sarne siding type can be adjacent to a neighboring house.
• No same elevation canbe within 4 homes on the same street.
• Minimum 2 car garage with two entry bays. Garage must be built at
least 30 feet back from the front property line and no less than 20 feet
for acceptations to be reviewed by -the Rexburg Planning and Zoning
Admin'st�ator.
a
Game t
be set beck at least 20 feel on side load comer dots.
Uarage to be in reasonable proportion to the rest of the house. Every
attempt is hide front visibzlzty of garage should be made. S'zde Pntr�
garage required on corner lois.
+� In general all garages to be placed at the rear of the house..
Driveways/Sidewalks
•
Lighting
Setbacks
Landscaping
0
Curved dines, stamped pasterns or ocher decorative desi'gn highly
recamrzlended, along with grass strips down censer of driveway.
Exterior lighting shall
building.
be appropriate to the locatson and style of the
•
Exterior lighting fixtures to be approved by ACC.
• No exterior lightmg shall be oriented upward and should be shielded.
Exterior walls shall not be flooded or washed with light.
•
Front: 15 feet from back of sidewalk on boulevard entr}T and 10 feet
from back of sidewalk on interior streets.
Side.- 5 feet from property line
•
Street side of comer lot: 10 feet from bask of sidewalk
•
Rear dot line,- 15 feet
• Homes to be set back no more than 2D' from sidewalk-_
• The enure lot must be landscaped and automatic sprinklers installed
prior to occupancy or, in the event of weather, an amount equal to the
cost of landscaping deposited in escrow with, the closing agent until
the completion of the landscape improvements.
• A landscape plan must be subxn�tted to, and apprnved by, the ACC
prior to commencement of landscape work. A minimum of two �2),
Sprinklers
Fencing
Site Cleaning,
Debris
Weeds
two (2) inch caliper deciduous trees in the front yard and one one
MI
and a half X1.5} inch caliper deciduous tree in the back yard.
When planting grass, fulIy grown sod must be used Each i1,1dividual
lot owner shall be responsible for pantinggra�sl�ree(s}klers 1and installing
sprinklers
n the green strip between the sidewalk and street and done
according ta the Founder's Square master landscape plan,
• Each lot will have four (4) bushes in the front yard. Shrubbery.,
decorative stone and/or other front landscaping features required.
red.
Green Strip/ Planter Strip
Two (2) deciduous trees of at least 2" craliper or greater are requireci in
the planter strip between the curb and sidewalk as Per the master
landscape plan. Two (2) add't'onal deciduous Irees of S.
2"
caliper are required idn the planter. strip on the street side of all coi-ner.
lots.
Full, automatic sprinklers
0
6 foot cedar fencing is aflowed vvItla TBD stain required,
All builders and subcont-ractors must operate a clean site with ail
debris cleaned daily. Builders and subcontractors not to allow garbageto blowto other sites.•
All Builders and subcontractors -sxill make the besi
efforts to be
courteous fo the current residences No dogs or loud music during
construction.
Weeds must be kept trimmed andr I dzsposed OPC-r Y of.
Fines (site cleanup}
Builders who do not comply will have, 7 day written notice. if lot is not
brought into compliance during that 7 day period builder will be,
subject to a fine equal to the cost of, lot cleanup plus $100.
Portable Toilets
Variances
• Portable toilets shall be provided bvthe developer.
• The ACC has the authority to grans variances in accordance with the
Master Declaration.,
Signage restrictions:
Only ACC designated marketing company signage �s allowed. All
other signage must be approved prior to placement including builder
signs -
Homeowner's Dues,,
'Set-up Fee
Annual Dues
0
$304.40 set-up fee collected at lot closing.
Estimated $3Q0.00 annual dins
6.2 Architectural Conimittee. In order to protect the quality and value of all
homes built on the Property, ar�d for the continued pro�:ection of the Ownef's
Thereof, an Architectural Conirnittee, consisiing of three (3) or more members
to be appointed by Grantor is hereby establish . A-- such time as the total
number of Building Lois owned by Grantor have been sold, then the
membership of the Archlitectural Committee shall be compromised of the
Board of directors of the Association. A two-thirds (2/3) vote of the
Architectural Committee is re�u�red for approval.
6.3 Approval by Committee. Na building, fence, wail, patio coyer, window
awnxng or other portion of the Property, nor shall any exterior addition to or
change or alteration therein be made, until the plans and specifications
ArchitecturalshQwing the naiure, kx�d, shape, height, materiaXs, Ioeatian of the same, colorand such ether detaiX as the committee may require (including
but not limited to any electrical, heating, or coo1rn� ���t�ms, sewage or wase
d�sposa� systems) sha11 have been submitted to, and approved in writing by the
Architectural Cormittee. in the event the auchxtectrurai committee failsto
approve or disapprove such plans, specifications and locatian withzn thirty
(30) days after said plans and spec�ficaizons have been submitted to it in such
,
``� 6.4 Rules and Regulations. The Architectural Committee is hereby empowered tv
adopt rules to govern it procedures, inciuding such rules as the Architectural
Committee may been appropri"ate with regard to the right concerned parties
due to be heard on any matter before the architectural committee. The
Architectural., Committee is farther hereby empowered to adopt such
regulations as it shall deem appropriate, 6_11 nate, consistent with the provisions Of this
Declaration, with regard to matters of design, materials and aesthetic interest.
Such rules, after- adoption shall of the same force and effect as if set forth in
fall herein*
ARTICLE VII:* RIGHTS TO COMON AREAS
7. 1 Use of Common Area. Every Owner shall have a right ta use each parcel of
the Common. Area, which right shall be appurtenant
4Z:3 to and shall pass with the
title to every Building; Lot, subject to the following provisions.
7.1.1, The right of theAssoclation. holding or controlling the Common
Area to levy and increase Assessments;
7. 1 .2 The. right of the Assoeiati.0n to suspend the voting rights and right
to use of, or interest in, Common Area by an Owner for any period
"�'�` during which any Assessment or charge against such Owner's
building lot remains unpaid;
7.1.3 The right of the association to dedicate or transfer all or any part
of the Common Area to any public agency, authority or utflity for
Such purposes and subject to such conditions as, may be permitted
by the Articles and Bylaws and aueed to by the IVI�m�ers. dedicatian %_J1 N
or transfer of said Common Area shall be effective,
unless an instrument agreeing to such dedication or transfer s
by members representing signed
two-thirds (2/3) of each class of
Members has been recorded-,
7.1.4 The right of the Association to prohibit the construction of
structures or Improvements on the Common Area;
7.1.5 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 unpai'd, and for a
period not to exceed thirty (30) days for each infraction of its
published rules and regulations,
7. 1 .6 The right of the Association to publish reasonable rules and
`� regulations governing the use of the Common. Area.
7.1..7
The right of the Asso,c
ion to publish reasonable rules and
re2yulati"ons., governio n cr fh P i i c a rx-F tbaC r -t vvv v." r% *n A ,,. , ,
F
7.2 Designated of Common Area. Grantor shall desi'gnate and reserve the
Common Area in this Declaration, and/or recorded Plats, deeds or other
instruments and/or as otherwise provided herein, Furthermore, the perimeter
of the Subdivision shall include a 5 foot asphalt walking path float is open to
adjoining subdivisions for their usage. The total common area surrounding
Founders Square is 10 Feet wide, 5 feet wide of grass, and 5 feet wide of
asphalt.
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 shad be fully liable for any dainage to any, Common
area w=hich may be sustained by reason c��'the negligence or wFill�ul
misconduct of the Owner, such aw��e�'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 Limzted Assessment
against the Building Lot and may be collected as provided herein for the
coilectivn of other Assessments. Na Owner shall be liable for any amounts
greater that is legally allowable under Idaho law.
ARTICLE VIII: ASSESSMENTS
Covenant to pay Assessments. By acceptance of a deed to any Building Lot ar
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) i4 pay
when due all Assessments or charges made try the Associati*on, including all
Regular, special, and Limited Assessments and charges made against such Owner
pursuant to the provisions of this Declaration or other applicable instrument.
$.1.1 Assessment constitutes Lien. Such Assessments and charges together with
interest, casts and reasonable attorney's fees which may be incurred in
collecting the same, shall be a charge and continuing lien upon the
Building Lot(s) owned by the (owner who is obligated to the Association
for sucb Assessments or charges.
8.1.2 Assessment is Personal obligation. Each such Assessment, together with
interest, costs and reasonable atio.n,1ey's fees shall be the personal
obligation of the Owner of the particular Building Lot(s) against which
such Asses$m
�l
falls due. The personal obligation for delinquent Assessments shall not
pass to such Owner's successors in title unless expressly assumed by them
but shat] remain .such Owner"s personal obligation regardless of whether
he remains an Owner.
8.2 Regular Assessments. All owners, including Grantor, are obligated topay
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 usedto pay for all costs and expenses incurred by the
Association, including legal andattorney fees, for the conduct of its
affairs, including without I'mPtation 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 maxntained on a regular basis (CollectIvely "Expenses").
8.2.2 Com,putation of Regular Assessments. TheAssociation 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 Assessment1W(Initiation Date").
Thereafter, the computation of Regular Assessments shall take place not
less than thirty (3 Q) days nor more than sixty (�0) days before the
beginning of each fiscal year of an Association. The computation of
the Regular Assessment for the period from the tnitiation date unti1 the
beginning of the next fiscal year shall be adjusted by an amount which
fairly reflects the fact that such period was less than one year.
8•Z.3 Amounts Paid by Owners. The Board cam require, i�� its discretion or as
provide. in the Articles or Bylaws
monthly, quarterly, sem, payment of Regular Assessments in �r annual installments. The Regular
Assessment to be paid by any particular Owner� including Cjrantor, for any
given fiscal year shall be computed by multiplying the associations' total
advance estimate of Expenses by the fraction produced by dl'vl'dl'tlg the
Building Lots attributable to the (]weer by the total number of Building
Lots 1n the Property.
$.3 Special Assessments.
-~�
8.3.1 Purpose and Procedure. In the event that the Board shall dQWrm*nc that
its
respective Regular Assessment for a given calendar yearis or wi '11 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, attome s fees and/or lztigat�an costsY, other professional
fees,, or four 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%)
of the budgeted gross Expenses of the Association for that fiscal year,
m
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 AssociatiQ�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 com cc w'
C-7 Phan with
the provi'sions of the Articles, Bylaws, this Declaration, and other governing
D
instruments for The Founders Square Subdivision.
8.5 Uniform Rate of Assessment. Uffless otherwise specifically provided herein.,
Regular and Special Assessments shall be fixed at a uniform rate per Building Lot
for all Members of the Associatian.
8.6 Assessment Period. Unless otherwise provided in the Articles or Bylaws, the
d.
Assessment Period shall commence on April I of each year and terminate March
31 of each 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 (1(l) days prior written notice of Re.ular,
�1 Limited, and Special Assessments shall be sent tv the Owner of every Bui1d�.t1g
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 i's established by the Board. Each monthly instalment of the Regular
Assessment, Limited Assessment or Special Assessment shall become delinquent
if not paid within ten ( 1 0) days after the levy thereof. There shall accrue with each
delinquent installment payment a late charge equal to ten percent (10%) of the
delinquent installment. In addition each installment payment which I's delinquent
four 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 Assaciat"on. The Association may foreclose the lien
against such Owner's Building Lot as more fully provided herein. Each Owner is
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 sucli 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 io which any Assessments have been
paid by the Owner. Any suc,h crtifiecate delivered pursuathisnt to paragraph 8.8
...,,, prospectivemay be relied upon by anyPurchaser or mortgagee of the Owner's
Building Lot. Reliance on such Certificate may not extend to any default as tv
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 memherc,, of the A el " A +,e-% .,�.., _.u.. -. - - - __ �__
-'- %'�-
"'
possession of a Building Lot, not less than fifteen ( 15) days nor morethan thirt�✓vi �vli y
(30) days before such meeting. At the first such meeting called, the presence of
Members or of proxies entitled- to cast sixty percent (60%) of the total votes of the
Association shall constitute a quorum. I f such Quorum is not present, subsequent
meetings may be called subject to the same notice requirement, and the required
quorum at the subsequent meeting shall be fifty percent (50%Q) of tyle quorum
required at the preceding meeting- No such subsequent meeting shall be held
more than thirty (30) days following the preceding meeting.
ARTICLE IX: ENFORCEMENT LIENS - OF ASSESSMENTS•
�. 9.1 Right to Enforce. The Association has the right tocollect and enforce its
Assessments pursuant to the provisions hereof. Eacha�ner of a Building Lor,
-'`
upon becoming an owner of such Building Lot, shall be deemed to covenant and
agree to pay each and ever Assessmentpro��ded
iy for in this Declaration and
agrees to the enforcement of all Assessments ire 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
speci"f
c 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
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
ley law and all costs of collection which may be paid or 'incurred by the
Association marking the Assessment in connection therewith, 16cluding
"�"' reasonable attorney's fees. All sums assessed in accordance with the
provisions of thi's 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 tQ all other 1iei.-is or claims created subsequent to the
recordation of the notice of deJ.inquency 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 governYnental 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 Assessmel-it issued here -under.) the Association may
cause to be recorded In the office of the Madison County Recorded claim
Mof 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 Assocxation
errs
may demand and receive the cost of preparin
before recording time.
0
g and recording such release
9.3d.Method of Foreclosure. Such hien xray 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 exon 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 haw. The Board is hereby auorized to
appoint its attorney, any officer r director of the Association, or any Title
Com- pany 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 Declarat1"�n is the
contrary, no action maybe brought to foreclosure the lien created by recordation
of the notice of delinquency and claim of lien, whetherjudicially, by power of
sale or otherwise, until the expiration of thirty (30) days after a copy of such claim
lien has been deposited 7n the United States ma21, certified or registered, postage
prepaid, is the Owner of the Building Lot(s) described in such notice of
delinquency and claim of hen, 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 P
nor 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
Igen of such Assessment as to payments which became sue prior to such
foreclosure sale. However, such foreclosure shall not affect the personal liabi i
ty
of the Owner for such Assessments. In addition, no sale or transfer shall relieve
such Building Lit from liability, or the lien to secure the same, for any
Assessment becoming die after the foreclosure sale.
9-7 Rights of Beneficiaries and Mortgagees. Not withstanding any th 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 good faith and for value, and recorded
prior to the recordation of such amendment, provl*ded that after the foreclosure of
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�' any such deed of trust or mortgage such Building Lot shall remain subioect to this
Declaration as amended.
ARTICLE X.* EASEMENTS
1 0.1 Easements of Encroachment. There shall be reciprocal appurtenant easements of
encroachment as between each Building Lot and such portions of the Common
Area adjacent thereto as between adjacent Building lots due to the, unwillful
P theplacement or settling or shifting oi Improvements in -eluded but not lzmi*ted 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 they exist and the
rights and obligations of Owners shall not be altered inany way because of
encroachments, settling or shifting of the Zxnprovements; 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 Owners of each Building L.ats
agree that minor encroachment may be reconstructed pursuant to the easement
granted by this paragraph 1 0. 1
10.2 Easements for Access. Grantor expressly reserves for the benefit of all the
Propertyingress reciprocal easements of access 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 iemporarY]_y 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 Dra�na�e and Easements. Not withstanding anything expressly or implied
contained herein to the contrary, thzs Declaration shall be subject to all easements
heretofore or hereafter granted by Grantor for the installation and maintenance of
utilities and drainagefacilities that are required for the development of the
Property. In addition-, Grantor hereby resery s 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 ro a purchaser.
-� 10.3.1 Improvement of Drainage and Utility Easement Areas. The Owners of
Building Lots are, hereby restrictedand ,
enjoinedfrom constructiong any
improvements on the Plat of The Founders Square Subdivision or
otherwise designated in. any recorded document whicb would interfere
4
with or prevent the easement from being used for such purpose; provided,
however that the Owner of such Building Lots and Grantor, Association or
designated entity with regard to the landscaping easement described in the
Article X., shall be entitled to install and maintain landscaping on such
easement areas, and also shall be, entitled to build and maintain fencing on
such easement areas subject to approval by the Architectural committee,
so long as the same would not Interfere with or prevent the easement area
from being used for their intended purposes; provided, that any damage
sustained to Improvements on the easement areas a result r leg&ItI" 11ate use of
the easement area shall be the sole anid exclusive obligation
of the building lot whose Improvementsg n of the Owner were so damaged.
10.4 Rights and Duties Concemi'ng Utility Easements. The ri2hts and duties f
0
the Owners of the Building Lots within the Property with respect to
utilities shall be gaverr�edut by the following.
1 0.4.1 Wherever utility house connections are installed within the Property,
which connections or any portions thereof lie in or upon Building Lots
--Y-, 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 all casement to the full extent
necessary therefore, to enter upon any Building Lot or to have their agent
upon any building lot within the Property in or upon which said
connections o any portion thereof lie, to repair, replace and9 enerally
maintain the connections as and when it may be necessary,
1 0.4.2 Whenever utility house connections are Installed within tyle 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.
1 0.5 Driveway Easements. Whenever a driveway is Installed w'th'ri the Property which
in whole or in part lies upon a Building Lot owned by an Owner other than the
Owner of the Building Lot served, or installed. to serve more than one Building
Lot, the Owner of each Building Lot served or to be served by such driveway
shall be entitled to fall use and enjoyment of such other Building Lot as required
io service such 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 I ity connections or driveways.,, or with
bo
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0
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 an 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 pezpetua, subj eco 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. After
automatically extended for successive periods often (10) years each, unless
amended as herein provided. After December 3 1, 2016, such covenants,
conditzans and restrictions shah be automatYcally extended for successive ten (10)
years each, unless amended or extinguished by a written instrument executed
by Members holding at least three-fourths (3/14) of the voiing power of the
Association and such written instrument is recorded with the MadisonCOUD,ty
Recorder. Further provided that the Association shall not be dissolved without the
prier written approval of the City of Rexburg and the Madison bounty Highway
District such consent to unreasonable provided thata responsihIe successor
organization shall agree to perform chase maintenance responsibxities arising
froni applIcable city and county governmental requirements.
11.z Amendments.
1 1 .2. 1 By Grantor. Except as provided in paragraph 12.2.E 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 of termination.
12•2.2 By Owners. Except where a greater percentage is rewired by express
provision in the Declaration, any amendment to the provisions of the
Declaration, other Than this Article SII, shall be by an instrument in
writzng signed and aclalowledged by the presi - ent and secretary of the
Association cert�fyin� and attesting that such amendment Inas been
approved by the vote or written consent of Ow ner's representing more
than fifty plercent (50%) of the votes in the Associat*on, and such
amendment shah be effective upon its recordation with the Madison
County Recorder. Any amendment t this Article SII shah require the
vote or written consent of Members
the voting power of the Association.
holding ninety-fver percent (95%) of
11 .2.3 Effect of Amendment+11 W. Any amendment of this Declaration approved in
111 111dill1CT spec7nea move small be binding on and effective as to all
Owners and them- respective properties no
twithstanding 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 but shall not prohibit
or unreasonably interfere with the allowed use of such Owner's property
which existed prior to the said amendment.
11.3 Mortgage Protection. Notwithstanding any other provision. of this Declaration, no
amendment of thIs Declaration shall operate to defeat or render invalid the rights
of the beneficiary under any first deed of trust upon a Building Lot made in good
faith and for value, and recorded prior to the recordation of such. amendment,
provided that after foreclosure of any such first deed of trust such Building .Lot
shall remain subject to this Declarat *
ion, as amended.
11.4
Notices., Any notices permitted or required to be delivered as provided herein
shad be in writing and maybe delivered either rsonally or by mail. If delivery is
made by mail, 1t shall be deemed to have been delivered seventy-two (7Z) hours
after the same has been depositedi"n 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
12.4.
11. 5 Enforcement and Non -Waiver.
11.5. I Right of Enforcement. Except as otherwise provided herein, any owner of
any Building Lot, or the ,Association, shall have the right to nforce any or
all of the provisions hereof against any property within the P I roperty and.
Owners thereat:
1 I.5.2 VioIations 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 gimme 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 otherprovision
contrary notwithstanding, 0 to the
nly Granior, the Assaciat�on, the Board, or a
duly, authorized agent of any of then -1, may enforce by self-help any of the
provisions hereof only if such self-help �s preceded by reasonable notice to
the Owner,
11.5.3 Violation of Law. Any violation of any stat, mwnxcipal, or local haw,
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
forth in phis I]eclaration and any or all
equity*
enforcement procedures in haw and
11.5.4 Remedies Cumulative. Each remedy provided herein is cumulative and.
not exclusive.
11.5.5 Nan -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 Dec�aratic�n shall be liberally construed to
effectuate 2ts purpose of creating a uniform plan for the development and
operation of the Property. Thi's Declaration shall be construed and govemed under
the laws of the State of Idaho.
11.6.1 Restrictions Construed Together. A11 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.
1 I .6.2 Restrictions Severable. Notwithstanding the provisions of the foregoing
Paragraph 12.6. 1 ,. each of the provisions of this Declaration shall be
deemed independent and severable, and the invalidity of any provision or
portion thereof shalX not affect the validity or enforceability of any other
provision herein.
1 1 .6.3 Singular Incudes 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 Cations, AIS captions and tines used in this Declaration are intended
sol.e1y for con
venzence or reference and shall not affect that which i's set
forth on any o�'the provisions6
refhereof.
0
11.7 5and Assigns. A11 references herein to Granter, owners, the
Association or person sha11 be construed to include all successors, assigns,
partners and authorized agents of such Grantor, (3w�ners, Association or person.
11.8 Mortgagees' Right to satisfy Obfigations of the Association. In the event that the
Association falls to pay any deft or sum lawfully owed by it, for which a Igen has
been placed against the Common Area, or in the event that the Association fails to
pay premiums dui on insurance policies required by this Declaratioll., the lapse of
which would jeopardize a mortgagee's security in any Building Lot, such
Mortgagee may pay said premium after first having served five (5) days, written
demand for such payment on the Association.. In the event that the Association
has allowed said insurance policies to lapse, any such mortgagee whose security
xn any Building Lot zs jeopardized thereby may secure new comparable insurance
coverage. In the event that such mortgage makes payments allowed hereunder, it
shall be entitled to prompt reimbursement from the Association.
11.9 Annexation. Additional real property may be annexed to the Property and brought
within the provas'
ons sof the Declaration by the Grantor, its successors or assigns,
at anyta.me and from tine -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 shaX.1 record a supplemental Declaration with
respect thereto which shall annex such real property to the Property and which
may supplement the Declaration with additional or d'fferent 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 adversely
affected thereby. 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 bath classes of
Members.
11.10 Severability. InvalI'dation of any one of these covenants or restrictions by
judgment or court order shad in no way affect any ether provision, which shall
remain in full farce ar�d effect.
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).