HomeMy WebLinkAboutCC&Rs - 20-00899 - Blue Ox - Yellowstone Heights Condos - Infrastructure & Condo PlatRECORDING REQUESTED BY AND
AFTER RECORDING RETURN TO:
Blue Ox Development, LLC
Attn: Aaron Jensen
6225 South 440 East
Murray, LIT 84107
CONDOMINIUM DECLARATION
OF
YELLOWSTONE HEIGHTS
A condominium project in
Rexburg, Madison County, Idaho
Tax Parcel No. RPR6N40E176103
Executed as of the day of , 20,R,�P,
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CONDOMINIUM DECLARATION
OF
YELLOWSTONE HEIGHTS
THIS CONDOMINIUM DI CL,ARATION ("Declaration") is made and executed as of the
day of 20 , by 131,UI; OX DI; VL;LOPMENT, LLC, a Utah limited liability
company ("Declarant'), pursuant to the provisions of the Idaho Condominium Property Act, Title 55,
Chapter 15, Code of Idaho (2020), as amended (the "Act').
RECITALS
A. Declarant is the owner of certain real property located in Rexburg, Madison County, Idaho,
commonly known as tax parcel number RPR6N40E176103, as more particularly described in Exhibit A
attached hereto and incorporated herein by reference (the "Property").
B. Declarant intends to construct upon the Property certain residential dwelling units, a
standalone parking structure, and related improvements to be known as "Yellowstone Heights" (the
..Project").
C. Declarant desires to divide the Project into Condominiums (as defined in the Act and
herein) and to sell and/or lease the same to various purchasers and/or tenants pursuant to the provisions of
the Act, and to impose upon said Property mutually beneficial restrictions, covenants, and conditions.
D. Declarant desires and intends by filing this Declaration to submit the Property and the
Project, together with all appurtenances related thereto, to the provisions of the Act as a portion of the
Condominium Regime (as defined herein).
AGREEMENT
NOW, THEREFORE, the Declarant does hereby publish and declare that the Property is held, and
shall be held and conveyed, subject to the following covenants, conditions, uses, limitations and obligations,
all of which are declared and agreed to be in furtherance of a plan for the improvement of said Property and
the division thereof into Condominiums and shall be deemed to run with the Property and shall be a burden
and a benefit to Declarant, its successors and assigns and any person acquiring or owning an interest in the
Property and improvements, their grantees, successors, heirs, executors, administrators, devisees and
assigns.
ARTICLE 1
DEFINITIONS
1.1 "Articles" shall mean and refer to the Articles of Incorporation of the Association as filed
with the Idaho Secretary of State, as amended from time to time, a true and correct copy of which is attached
as Exhibit C.
1.2 "Assessment" shall mean that portion of the cost of maintaining, improving, repairing,
operating and managing the Project which is to be Laid by each Owner as determined by the Association.
1.3 "Association' shall mean and refer to the Yellowstone Heights Condominiums Owners
Association, an Idaho nonprofit corporation, and its successors, the Members of which shall be the Owners
of Condominiums in the Project.
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TABLE OF CONTENTS
ARTICLE1
DFFINITIONS................................................................................................................ I -�
ARTICLE 2
DESCRIPTION OF LAND BUILDING AND UNITS...................................................3
ARTICLE3
O\\'NERSHIP INTERESTS ..............................................................................................4
ARTICLE 4
GENERAL COMMON ELEMENTS ...............................................................................5
ARTICLE 5
LIMITED COMMON ELEMENTS .................................................................................6
ARTICLE 6
DECLARANT'S RESERVED RIGHTS AND POWERS...............................................6
ARTICLE 7
MANAGEMENT OF TIDE REGIME...............................................................................7
ARTICLE 8
MAINTENANCE, ALTERATION AND IMPROVEMENT...........................................9
ARTICLE 9
RESTRICTIONS ON OWNERSHIP. USE, AND ENJOYMENT
.................................10
ARTICLE 10
INSURANCE AND CASUALTY..................................................................................12
ARTICLE 11
MORTGAGEE PROTECTIONS....................................................................................15
ARTICLE12
CONDEMNATION........................................................................................................16
ARTICLE13
TERMINATION.............................................................................................................16
ARTICLE14
MISCELLANEOUS........................................................................................................17
EXHIBITS
EXHIBITA................................................................................................... Legal Description of Property.
EXHIBITB.............................................................................................................................................Plat
EXHIBITC........................................................................................................... Articles of Incorporation
EXHIBITD .................... ...................................................................... I ............................................ Bylaws
EXHIBITE............................................................................................................... Rules and Regulations
EXHIBITF.......................................................................................................................... Building Plans
EXHIBIT G ............................................... I..... ..... —............... Description of Units and Ownership Interest
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CONDOMINIUM DECLARATION
OF
YELLOWSTONE HEIGHTS
THIS CONDOMINIUM DECLARATION ("Declaration") is made and executed as of the
day of , 20_, by BLUE OX DEVELOPMENT, LLC, a Utah limited liability
company ("Declarant"), pursuant to the provisions of the Idaho Condominium Property Act, Title 55,
Chapter 15, Code of Idaho (2020), as amended (the "Act").
RECITALS
A. Declarant is the owner of certain real property located in Rexburg, Madison County, Idaho,
commonly knovm as tax parcel number RPR6N40E176103, as more particularly described in Exhibit A
attached hereto and incorporated herein by reference (the "Property").
B_ Declarant intends to construct upon the Property certain residential dwelling units, a
standalone parking structure, and related improvements to be known as "Yellowstone Heights" (the
"Project').
C. Declarant desires to divide the Project into Condominiums (as defined in the Act and
herein) and to sell and/or lease the same to various purchasers and/or tenants pursuant to the provisions of
the Act_ and to impose upon said Property mutually beneficial restrictions, covenants, and conditions.
D. Declarant desires and intends by filing this Declaration to submit the Property and the
Project, together with all appurtenances related thereto, to the provisions of the Act as a portion of the
Condominium Regime (as defined herein).
AGREEMENT
NOW, THEREFORE, the Declarant does hereby publish and declare that the Property is held, and
shall be held and conveyed, subject to the following covenants, conditions, uses, limitations and obligations,
all of which are declared and agreed to be in furtherance of a plan for the improvement of said Property and
the division thereof into Condominiums and shall be deemed to run with the Property and shall be a burden
and a benefit to Declarant, its successors and assigns and any person acquiring or owning an interest in the
Property and improvements, their grantees, successors, heirs, executors, administrators, devisees and
assigns.
ARTICLE 1
DEFINITIONS
1.1 "Articles" shall mean and refer to the Articles of Incorporation of the Association as filed
with the Idaho Secretary of State, as amended from time to time, a true and correct copy of which is attached
as Exhibit C.
1.2 "Assessment' shall mean that portion of the cost of maintaining, improving, repairing,
operating and managing the Project which is to be paid by each Owner as determined by the Association.
1.3 "Association' shall mean and refer to the Yellowstone Heights Condominiums Owners
Association, an Idaho nonprofit corporation, and its successors, the Members of which shall be the Owners
of Condominiums in the Project.
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1.4 "Board" or "Board of Directors" shall mein and refer to the governing body of the
.association.
1.5 "Building" or "Buildings" shall mean and refer to each and all of buildings located on the
Property containing residential &\011ng units, indi\ idual harking garages, and other improvements within
the Condominium Resinle.
l.b "Building Plans' means that the building plans attached as Exhibit F to this Declaration.
1.-
"B,% Inw%s shall mean and refer to the BN laws of the Association, as amended from time to
time. attached a� Lxhibit D.
1.8 '-Common Elements" shall mean and refer collectively to General Common Elements and
1 imited Common Elements as defined in Sections 4.1 and 5. 1. respectively.
1.9 '-Common Expenses" means and includes the actual and estimated expenses of operating
the Common Elements. anv reasonable reserve liar such purposes as found and determined by the Board,
and all sums designated as Common Expenses by or pursuant to the Condominium Documents.
1.10 --Common Interest— means the proportionate undivided interest in the Common Elements
that are part of each Condominium as set forth in this Declaration.
1.11 '-Condominium'- shall mean the entire estate in the real property owned by any Owner,
consisting of an undivided interest in the Common Elements and ownership of a separate interest in a Unit.
1.1 -Condominium Regime" shall mean the entire parcel of real property described in Exhibit
.a. to be divided into Condominiums, including all structures thereon.
1.13 -Condominium Documents" shall mean this Declaration, as amended from time to time,
the exhibits attached hereto. together with the other basic documents used to create and govern the Project,
including the Plat- the Articles, the Bylaws, the Rules and Regulations, and the Building Plans.
1.14 "Declarant' shall mean and refer to Blue Ox Development, LLC, a Utah limited liability
company. and any successor or assign that expressly assumes the rights and duties of the Declarant
hereunder in a recorded written document.
1.15 "Declaration" shall mean and refer to this instrument by which the Project is established
as pro%ided under the Act, and shall include any amendments or supplements to this Declaration.
1.16 "Foreclosure" shall mean and refer to the legal process by which the mortgaged property
of a borrower in default under a mortgage is sold, and the borrower's interest in such property is sold,
pursuant w Idaho la".
1.17 "General Common Elements" shall have the meaning as defined in Section 4.1.
1.18 "Limited Common Elements" shall have the meaning as defined in Section 5.1.
1.19 "Member" shall mean and refer to a persun entitled to ntcntbership in the Association as
provided herein.
1.20 "Mortgage" shall include a (Iced of trust M well as it nrortgage.
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l.21 "'INlort"a�"cr" �,h;ill in.ludc a heneliciary of a holdcr ol' a deed of trust as well as a
mortgagee.
1.22 " Alortgagor" shall include the trustor or a deed of trust as well as a mortgagor.
l.21 "Cim-ner" or -Owners" shall mean and refer to the record holder, or holders of title to a
Condominium in the Project. This shall include any person having fee simple title to any Condom iIli Urn,
but shall exclude persons or entities having any interest merely as security for the performance of an
obligation. if a Condominium is sold under a contract of sale and the contract of sale is recorded, the
purchaser, rather than the fee owner, shall be considered the Owner from and after the date the Association
receives written notice of the recorded contract.
1.2.1 "Person" means a natural person, a corporation, a partnership, a trust, or other legal entity.
1.25 "Plat"' means that site plan attached as Exhibit B to this Declaration.
1.26 "Project' shall mean and refer to all of the real property described on Exhibit A and all
improvements thereon. The Project is also shown on the Plat attached as Exhibit B.
1.27 'Rules and Regulations" shall mean those Rules and Regulations attached as Exhibit E to
this Declaration, as may be amended, as well as other rules adopted from time to time by the Association.
1.28 "Unit" shall mean and refer to one or more separately designated units in the Project which
are not owned in common with the Owners. Collectively, "Units" means to the Residential Units and
Parking Units, as defined in Section 2.3. The boundary lines of each Unit are the interior surfaces of its
perimeter walls, bearing walls, floors, ceilings, windows and window frames, doors, and door frames, and
trim and includes the portions of the Building so described and the air so encompassed.
ARTICLE 2
DESCRIPTION OF LAND, BUILDING AND UNITS
2.1 Description of Land. The real property submitted to the Condominium Regime is located
in Rexburg, Madison County, Idaho, and is legally described on Exhibit A.
2.2 Description of Buildings. The Condominium Regime will consist of (i) four (4) residential
Buildings containing three (3) stories each and a total of forty-two (42) residential dwelling Units, and (ii)
one (1) standalone, single -story parking structure with ten (10) individual parking garages. The location of
the Buildings is shown on the Plat and the Building Plans.
2.3 Description of the Units. The Condominium Regime will consist of (i) forty-two (42)
individual residential dwelling Units (the "Residential Units") and (ii) ten (10) individual parking garage
Units (the "Parking Units"). Residential Units are to be used as residential dwelling units only. Parking
Units are to be used for vehicular and storage purposes associated solely with the Residential Units. Units
are described as specified on Exhibit G. Each Unit will be entitled to the number of vote(s) in the
Association specified on Exhibit G, and each Unit will pay the percentage of the Common Expenses and
other assessments as specified on Exhibit G.
2.4 Parking. Surface parking for the Buildings is as depicted on the Plat.
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2.5 Easement Reserved Over Common Elements. Declarant reserves to itself, its successor
and assigns, an easement on, over, under and across the Common Elements for the construction,
maintenance, replacement and operation of the Buildings, Units, and all utilities, landscaping,
improvements and amenities included in the Plat and Building Plans.
ARTICLE 3
OWNERSHIP INTERESTS
3.1 Exclusive Ownership and Possession by Owner. Each Owner shall be entitled to
exclusive ownership and possession of its Unit. Ownership of a Parking Unit shall only be held by an Owner
of a Residential Unit. Each Owner shall be entitled to an undivided interest in the Common Elements. Said
percentage of the undivided interest in the Common Elements shall not be separated from the Unit to which
it appertains and shall be deemed to be conveyed or encumbered or released from liens with the Unit even
though such interest is not expressly mentioned or described in the conveyance or other instrument. Each
Owner may use the Common Elements in accordance with the purpose for which they are intended, without
hindering or encroaching upon the lawful rights of the other Owners.
An Owner shall not be deemed to own the utilities running through its Unit which are
utilized for, or serve, more than one Unit, except as a percentage of an undivided interest in the Common
Elements. An Owner, however, shall have the exclusive right to paint, repaint, tile, wax, paper or otherwise
refinish and decorate the interior surfaces of the walls, floors, ceilings, windows and doors bounding its
Unit.
3.2 Appurtenances. There shall pass with the ownership of each Unit as a part thereof,
whether or not separately described, all appurtenances to such Unit. No part of the appurtenant interest of
any Unit may be sold, transferred or otherwise disposed of except in connection with the sale, transfer or
other disposition of such Unit itself or of all Units in the Condominium Regime.
3.3 Undivided Fractional Interest. An undivided interest in the land and other Common
Elements of the Condominium Regime, regardless of whether such elements are General or Limited
Common Elements, shall be appurtenant to each Unit. The undivided interest appurtenant to each Unit is
as shown on Exhibit G. Each Unit will bear a fractional share of the obligation for payment of assessments,
taxes and insurance and other expenses assessed by the Association. The fractional share of said expenses
and assessments shall be same as the undivided interest shown on Exhibit G.
3.4 General Common Elements. Appurtenant to each Unit shall be a right to use and enjoy
the General Common Elements.
3.5 Limited Common Elements. The exclusive use by Owners of the Limited Common
Elements shall be deemed an appurtenance of the Unit for which said elements are reserved, provided such
use and enjoyment shall be limited to the uses permitted by this Declaration and other Condominium
Documents.
3.6 Association Membership and Voting Rights. Appurtenant to each Residential Unit shall
be membership in the Association and the number of vote(s) in the affairs of the Association and of the
Condominium Regime as specified on Exhibit G; provided, however, that the exercise of such voting and
membership rights shall be subject to the applicable provisions of the Articles and Bylaws of the
Association and of the other Condominium Documents. No voting rights shall appertain to a Parking Unit.
The action of such Association shall be deemed the action of the Owners, and such action, when taken in
accordance with the Bylaws of the Association and this Declaration, shall be final and conclusive upon all
Owners.
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3.7 Cross -Easements. Appurtenant to each t Init shall be easements from each Owner to each
other Owner and to the Association, and from the Association to the respective Owners as follows:
a. hor ingress and egress through the Common l;lements and for maintenance, repair.
and replacement of the same as aulhorimd.
b. Through the Units and common facilities for maintenance, repair and replacement
or reconstruction of Common Elements, but access to Units shall be only during reasonable hours except
in case of emergency:
C. Every portion of a Unit contributing to the support of the Building in which such
Unit is located is burdened with an easement of such support for the benefit of all such other Units in such
Building: and
d. Through the Units and Common Elements for conduits, ducts, plumbing. wiring
and other facilities for the furnishing of utility or other services to the other Units or in the Common
Elements.
ARTICLE 4
GENERAL COMMON ELEMENTS
4.1 General Common Elements. As used in this Declaration, "General Common Elements"
means all portions of the Condominium Regime not included within any Unit except such portions of the
Condominium Regime which are defined as Limited Common Elements in Article 5. The General Common
Elements also include, but are not limited to, the following:
a. The land on which the Buildings are erected, as described in Exhibit A.
b. The foundations, floors, exterior walls of each Unit and of the Buildings, ceilings
and roofs, and entrances and exits or communication ways, and in general all devices or installations
existing for common use, except as limited in Article 5;
C. Installations for public utilities, including electric, cable TV, telephone, gas, sewer
and water for common use;
d. Front, side, and rear yards;
e. Surface parking lots;
Plantings and all landscaping;
g. Trash enclosures and receptacles unless the same are separately provided for the
benefit of each Unit;
h. Private streets, sidewalks, and parking spaces which have not been assigned to a
Unit, except as otherwise provided or stipulated;
The entryway signage for the Condominium Regime;
Community open space or park areas, including any amenity located thereon; and
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k. Areas designed for storm water collection and/or snow storage.
ARTICLE S
L.IMITEI) COMMON ELEMENTS
r'.I Limited Common Elements. As used in this Declaration, "Limited Common Elements'
means those Common l lements %%hick are reserved tier the use of one or more I Init(s) by this Article and
amendments hereto and such reservation shall be to the exclusion ofany other I Init.
Resen-ation. the 16111m%ing Common Hentents are reserved and shall constitute the
Limited C ontmon Flements:
a. All walls and partitions separating Units from other Units, interior load bearing
x,.alls and all other elements which are stnictural to a Unit are reserved for that Unit (or Units where
partitions separate two or more Units contained in a Building),
b. Nlailtxixes and storage areas, if any, designated to a particular Unit;
C. That part of all sewer, water, electrical, gas, telephone and other utility or service
lines. wiring. ducts, conduits, piping, facilities, systems, fixtures and attachments serving just one Unit and
located entire] within that Unit. Electrical rooms shall be appurtenant to the Units they serve;
d. Interior sprinklers, sprinkler pipes and sprinkler heads which protrude into the
airspace of a Unit and other built-in fire protection devices and equipment;
for those Units:
e. The air conditioner pads, compressors and equipment appurtenant to each Unit;
The immediate entrances, stairwells and hallways leading to each Unit are reserved
g. Any patio or balcony adjacent to an individual Unit; and
h. The doors and windows, including any pane glass, sliding glass door or windov,
set in the Hall of a Unit.
5.3 Exception. Notwithstanding the reservations made by this Article, the design of the
Buildings. grounds to be submitted and the integrity and appearance of the Condominium Regime as a
whole are the common interests of all Owners and, as such, shall remain a part of the General Common
Elements.
5.4 Right of Association. The reservation of the Limited Common Elements herein shall not
limit any right the Association and its agents may otherwise have to alter such Limited Common Elements
or enter upon such Limited Common Elements for maintenance or repair.
DECLARANT'S RESERVED RIGHTS AND POWERS
6.1 Declarant's Activities. Declarant is irrevocably and perpetually empowered,
notwithstanding any use, restriction or other provisions hereof to the contrary, to sell, lease or rent Units to
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any person and shall have the right to transact any Itrrslrle5s rClaling to com;lrnclion, repair, remodeling.
sale, lease or rental of Units, including hilt not limited lo. the right to 111,6111,1111 sign~. employees.
independent contractors and equipnrenl and materials on the premises, and to uv;c t omlrton 1,lerncnts to
show Units. All signs and all items and equipment pertaining to sales or rentals or cnnslnlclion and ;my
Unit furnished hN the Declarant for sale purposes shall not he considered t" om11unr Iilernenls anrd
remain separate properly. Declarant retains the right to he and remain the Owner of completed hilt rrnsnld
Units under the same teens and conditions as other Owners, including memhership and voting rights in Ilic
Association, save for its right to sell, rent or lease. Declarant retains the right to divide the IJnits into
additional Units.
6.2 Easements. Declarant expressly reserves perpetual easements for ingress, egress and
utility purposes as may be required across and tinder the land submitted hereby for the maintenance, repair
or construction of Units, Buildings or Common Elements. Declarant also reserves for itself the exclusive
right and power to grant and record such specific casements as may be necessary, in Declarant's sole
discretion, in connection Nvith the orderl\ development of the Property. The Association shall join in such
easement agreement if requested to do so by Declarant. The Declarant may assign this right to the
Association.
6.3 Designation of Association Directors. Declarant shall have the right to name al I members
of the Board of Directors of the Association until the earlier of five (5) years after the first Residential Unit
in the Condominium Regime has been conveyed to an unaffiliated, third -party Residential Unit purchaser.
or until the Declarant waives this right, at which time Members of the Association shal I select the Board of
Directors as provided by the Bylaws. Thereafter, the Board of Directors shall be selected in the manner
specified by the Bylaws of the Association.
6.4 Declarant's Right to Amend. The Declarant reserves the following rights to amend the
Declaration without the consent of any Owner for the following purposes and in the folloxN ing manner:
a. To revise the legal description of the Property, Plat, or Building Plans or any other
portion of this Declaration in order to correct scriveners' or other errors that do not affect any Owner's
interest in its Unit or any appurtenance thereto.
b. So long as Declarant has the right to name all members of the Board of Directors
of the Association as provided for herein, Declarant may, in its sole discretion, amend the Articles, Byla%%s
or Rules and Regulations of the Association.
6.5 Adjustments in Plans. Declarant will have the authority to make adjustments to the
Building Plans set forth in this Declaration until such time as title to the Unit has been conveyed.
ARTICLE 7
MANAGEMENT OF THE REGIME
7.1 Association. Declarant shall operate the Condominium Regime and manage the Common
Elements until the earlier of five (5) years after the first Residential Unit in the Condominium Regime has
been conveyed to an unaffiliated, third -party Residential Unit purchaser, or until the Declarant assigns its
rights to the Association, at which time the operation ol'the Condominium Regime and the management of
the Common Elements shall be by the Association. Whenever a vote or other action of Owners as a group
is required the mechanics of conducting such a vote or taking such action shall be under the control and
supervision of the Association. The action of the Association shall constitute the action of the Owners
whenever such action is permitted or required herein or by the Act.
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7.2 Compliance. All Owners, tenants, families, guests and other persons using or occupying
the Condominium Regime shall be bound bN and strictly comply with the provisions of the Bylaws of the
Association and applicable provisions of other Condominium Documents, and all agreements, regulations
and detenninations lawfully made by the Association and its directors, officers or agents shall be binding
on all such Owners and other persons. A failure to comply with the Bylaws or the provisions of the other
Condominium Documents or any agreement or determination thus lawfully made shall be grounds for an
action to recover sums due tier damages on the part of the Association or any Owners, as applicable, which
damac,es shall include costs and attorney's Ices, or injunctive relief or for any other relief authorized by law
or in the Condominium Documents. without waiving any other remedy.
.; Powers of Association. Each Owner agrees that the Association has and shall exercise all
po-%Ners. rights and authority granted unto it and the Owners as a group by the Idaho Nonprofit Corporation
.act. Title 30. Chapter 30. Code of Idaho, and the Act, and such as are more particularly set forth in the
Condominium Documents, including but not limited to the making of assessments chargeable to Owners
and the creation of a lien on Units thereof, imposing fines against Owners or tenants for failure to comply
N%ith anN provision in the Condominium Documents and the creation of a lien on Units thereof, and to
acquire a Unit at foreclosure sale and to hold, lease, mortgage or convey the same. Each Owner hereby
walNes an\ rights to delay or prevent such foreclosure by the Association which it may have by reason of
a homestead exemption However, no Unit shall be assessed until construction of the Unit has been
completed and an occupancy pennit for the Unit has been issued by the City.
7.4 Partition. All Owners shall be deemed to have waived all rights of partition, if any, in
connection with such acquisition.
7.5 Membership, Voting Rights. The members of the Association shall consist of all of the
record Owners of the Residential Units. Membership shall be held and voting rights shall be determined as
set forth in the Articles and Bylaws.
7.6 Restraint Upon Assignment. The share of a Member in the funds and assets of the
Association cannot be assigned, hypothecated or transferred in any manner except as an appurtenance to its
Unit.
7.7 Board of Directors. The affairs of the Association shall be conducted by a Board of three
(3) directors who shall be designated in the manner provided in the Bylaws.
7.8 Discharge of Liability. All Owners shall promptly discharge any lien which may hereafter
be filed against its Condominium.
7.9 Limitation on Association's Liability. The Association shall not be liable for any injury
or damage to property caused by or on the Common Elements or by another Owner or person in the
Condominium Regime or by any other means unless caused by the gross negligence of the Association. No
diminution or abatement of Common Expense assessments shall be claimed or allowed for inconvenience
or discomfort arising from the making of repairs or improvements of the Common Elements or from any
action taken to comply with any law, ordinance or orders of a governmental authority.
7.10 Indemnification of Directors and Officers. Every director and every officer of the
Association shall be indemnified by the Association against all expenses and liabilities, including counsel
fees, reasonably incurred by or imposed upon him or her in connection with any proceeding to which he or
she may be a party, or in which he or she may become involved, by reason of his or her being or having
been a director or officer ofthe Association, or any settlement thereof, whether or not he or she is a director
or officer at the time such expenses are incurred, except in such cases wherein the director or officer is
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adjudged guilty of willful misfeasance or malfeasance in the performance of his or her duties; provided that
in the event of a settlement the indemnification herein shall apply only when the Board of Directors
approves such settlement and reimbursement as being in the best interests of the Association. The foregoing
rights of indemnification shall be in addition to and not exclusive of all other rights to which such director
or officer may be entitled.
.7.11 Agent to Receive Service of Process. The Articles set forth the registered agent and
registered office in Idaho to receive service of process upon the Association. The Association may change
the registered agent and registered office of the Association without the necessity of amending this
Declaration.
ARTICLE 8
MAINTENANCE, ALTERATION AND IMPROVEMENT
8.1 Maintenance by Association.
a. The Association shall maintain all Common Elements, whether Limited or
General, and shall make assessments therefor as a Common Expense except where maintenance has been
specifically made the responsibility of each Unit as set forth below.
b. The Association shall repair and maintain all easement areas, whether located on-
site or off-site that serve and benefit the Condominium Regime or that are otherwise required to be
maintained by the Declarant pursuant to separate agreement with the City.
C. The Association shall repair incidental damage caused to a Unit through
maintenance by the Association and shall assess the cost thereof as a Common Expense.
d. If a Unit defaults on its responsibilities of maintenance, the Association shall
assume such responsibilities and shall assess the cost thereof against the Unit of such Owner and such
assessment shall be collectible as if it were an assessment for Common Expenses.
e. The Association may, in its discretion, assume responsibility for any maintenance
project which requires reconstruction, repair, rebuilding, conservation, restoration or similar work to more
than one Unit and the cost thereof may be in the discretion of the Association either assessed against each
Unit on which such costs were incurred or assessed against all Units as a common expense according to the
circumstances.
8.2 Maintenance by Owner.
a. Each Owner, at its sole own expense, shall maintain the interior, including the
boundary surfaces, of its Unit and its equipment, shall keep such interior in a clean and sanitary condition,
shall do all redecorating, painting and other finishing which may at any time be necessary to maintain its
Unit, and shall be responsible for the maintenance of all personalty including carpets, furnishings, and
appliances within such Unit.
b. The Owner of each Unit shall be responsible for maintaining the plumbing fixtures
within the Unit and heating and air conditioning serving such Unit and all other utilities or portions thereof
located within the boundaries of its Unit. The Owner shall also, at its own expense, keep its Unit in a clean
and sanitary condition.
made by it.
The Owner shall maintain, at its expense, any improvement or other alteration
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d. The Owner of each Unit shall promptly report to the Association any defects or
other maintenance steeds which are the responsibility of the Association.
8.1 Alterations or improvements by Owner. No Owner shall make or permit to be made any
structural alteration to a Unit or to any Building without first obtaining written consent of the Board of
Directors (which consent may be given by a general rule or regulation) which shall determine the proper
insurance of such improvement or other alteration, and the effect of such improvement or alteration on
insurance of other property of the Condominium Regime. The Board of Directors shall arrange with such
ONN-ner for the payment of the cost of any additional insurance required thereby. Alterations to the exterior
of a Buildim, or to the conrnnon Elements shall not be made if, in the opinion of the Board of Directors,
such alteration would be detrimental to the integrity or appearance of the Condominium Regime as a whole.
Such ll\\ller shall do no act or work which will impair the structural soundness or integrity of a Building
or safet\ of the Property or impair any easement. The improvement or alteration of a Unit shall cause no
increase or decrease in the number of ownership interests appurtenant to such Unit.
8.4 Alterations or Improvements by the Association. Whenever in the judgment of the
Board of Directors the Common Elements shall require additions, alterations or improvements, the Board
of Directors shall proceed with such additions, alterations or improvements and shall assess all Owners for
the cost thereof as a common charge.
8.i Definitions. As used in this Article 8, "maintenance" or "repair" shall mean the act of
maintaining, repairing, restoring, renovating, reconstructing, replacing, rebuilding and similar work
necessary to preserve a Unit or the Property in its original condition as completed; "improvement" shall
mean the addition of a new structure, element or facility, other than a structure, element or facility otherwise
provided for by this Declaration or any amendment thereto.
ARTICLE 9
RESTRICTIONS ON OWNERSHIP, USE, AND ENJOYMENT
9.1 Property Subject to Certain Provisions. The ownership, use, occupation, and enjoyment
of each Unit and of the Common Elements of the Condominium Regime shall be subject to the provisions
of the Articles, the Bylaws, Rules and Regulations and this Declaration, and the Condominium Documents,
all of which provisions irrespective of where set forth or classified shall have equal status and shall be
enforceable and binding as a covenant, condition, restriction, or requirement running with the land and shall
be binding on and enforceable against each and all Units and the Owners thereof and their respective
assigns, lessees, tenants, occupants and successors in interest.
9.2 Use of Property. The use of the Property shall be in accordance with and subject to the
following provisions:
a. All Residential Units shall be used and occupied for residential dwelling purposes
only, except that the Declarant may use a Residential Unit owned by Declarant as a model space or leasing
office.
b. All Parking Units shall be used and occupied for parking and storage purposes
associated with the Residential Units. No Parking Unit shall be owned and/or occupied by any Person other
than Declarant, an Owner of a Residential Unit, or a tenant of a Residential Unit.
C. A Condominium may be rented or leased by the Owner or its lessee, provided the
entire Unit is rented and the lease is in writing. The minimum lease term shall be thirty (30) days. Nightly
10
4830-3307-8227
or weekly rentals are prohibited. No lease shall relieve the Owner as against the Association and other
Owners from any responsibility or liability imposed by the Condominium Documents. All Owners who
lease their Units shall promptly notify the Secretary of the Association in writing of the names of all tenants
and members of tenants' family occupying such Condominium and shall provide the Secretary of the
Association of the address and telephone number where such Owner can be reached.
d. Nothing shall be altered in, constructed in, or removed from the Common Elements
except upon written consent ol'the Board of Directors, which may be given through regulations of the
Association. and finlher provided that any holder of a first mortgage which acquires possession of a Unit
by foreclosure or by deed in lieu of foreclosure shall have the right to post signs for the sale or rental of
such Unit until such Unit is sold or a lease is entered into.
e. No activity shall be allowed which unduly interferes with the peaceful possession
and use of the property by the Owners nor shall any fire hazard or unsightly accumulation of refuse be
alloyed.
f. No Owner, guest or invitee thereof shall block vehicular access to a Building's
parking by parking vehicles or placing objects within that portion of a driveway which provides direct
access to said parking. No Owner shall be allowed to install additional parking slabs on any part of the
Propem . Each Owner's guests or invitees will park their own vehicles only on the parking spaces provided
within the Condominium Regime doing the same in such a manner as to not violate the provisions of this
subparagraph. No vehicles may be permanently parked on the unreserved parking spaces within the
Condominium Regime. Vehicles parked on unreserved parking spaces must be moved at least once even
twenty-four (24) hours. Parking of vehicles shall only be allowed in garages and on unreserved parking
spaces as provided herein.
g Nothing shall be done or kept in any Unit or in the Common Elements which will
increase the rate of insurance on the Common Elements, without the prior written consent of the
Association. No Owner shall permit anything to be done or kept in its Unit or in the Common Elements
which will result in the cancellation of insurance on any Unit or any part of the Common Elements, or
which would be in violation of any law.
h. The Association shall have the authority to adopt Rules and Regulations governing
the use of the Condominium Regime and such rules shall be observed and obeyed by the Owners, their
guests and invitees. The initial Rules and Regulations are attached to this Declaration as Exhibit E. The
adoption of such Rules and Regulations shall not be considered an amendment to the Condominium
Declaration unless such rule(s) is inconsistent with other provisions of the Declaration, in which case an
Amendment to the Declaration will be required. The Association shall have the authority to impose fines
against Owners or their tenants for failure to comply with such Rules and Regulations, and such fines, if
not timely paid, shall become a lien against the Unit, as provided in the Bylaws.
i. Agents of or contractors hired by the Association may enter any Unit when
necessary in connection with any maintenance, landscaping, or construction for which the Association is
responsible, provided such entry shall be made with reasonable advance notice to the Owners and with as
little inconvenience to the Owners as practicable.
j. An Owner shall give notice to the Association of every lien against its
Condominium other than permitted Mortgages, taxes, and Association Assessments, and of any suit or other
proceeding which may affect the title to its Condominium, within ten (10) days after the lien attaches or the
Owner receives notice of such lien.
4830-3307-8227
1.. An (Omer shall be liable to the Association for the expense of any maintenance,
repair. or replacement rendered necessary by its acts. neglect, or carelessness. or by that of its guests,
employees. agents or lessees. which liability shall include any increase in insurance rates resulting
therefrom.
9.3 No Waiver. I-ailurc ofthe Association or anv O%vner to enforce any covenant. condition.
restriction or other pro\ i.ion of the r\cl. this I)cclaration, the Articles, the Bylaws. or the Rules and
Regulations adopted pursuant thereto. shall not constitute a %vaiver of the right to enforce the same
thereafter.
ARTiCL.E. 10
INSURANCE. AND CASUALTY
10.1 General Liability and Property Damage. Comprehensive general liability and property
damage insurance shall be purchased by the Association as promptly as possible following its election, and
shall Nc- maintained in force at all times. the premiums thereon to be paid by assessments. Prior to the
organizational meeting. such insurance shall be procured by Declarant. The insurance shall be carried with
reputable companies authorized to do business in the State of Idaho in such amounts as the Board may
determine. The polio or policies shall name as insured all the Owners and the Association. Declarant shall
be named an additional insured on such policy or policies until such time as Declarant shall have conveyed
all of the Units in the Condominium Regime. The policy or policies shall insure against loss arising from
Penis in both the Common Elements and the Units and shall include contractual liability coverage to protect
against such liabilities as may arise under the contractual exposures of the Association and/or the Board.
10.2 Fire and Casualty. Fire and other hazard insurance shall be purchased by the Association
as promptly as possible follovving its election and shall thereafter be maintained in force at all times, the
premiums thereon to be paid out of Association assessments. Policies shall provide for the issuance of
certificates or such endorsement evidencing the insurance as may be required by the respective Mortgagees.
The polis}. and certificates so issued, will bear a mortgage clause naming the Mortgagees interested in said
property. The policy or policies shall insure against loss from perils therein covered to all of the
improvements (known as "all -in" condominium coverage) in the Condominium Regime with a maximum
deductible of Two Thousand Five Hundred and No/100 Dollars ($2,500.00) per claim. Such policy or
policies shall contain a Special Form endorsement. The improvements to be insured under this clause shall
be continually insured to value, and the policy or policies shall contain replacement cost insurance. if
reasonably available, the policy or policies shall contain a stipulated amount clause, or determinable cash
adjustment clause, or similar clause to permit a cash settlement covering specified value in the event of
destruction and a decision not to rebuild.
The policy or policies shall name as insured all of the Owners, the Association and Declarant, so
long as Declarant is the Owner of any of the Units in the Condominium Regime. The Declarant shall notify
the insurance carrier of any change in ownership of a Unit until such time as the organizational meeting of
the Owners is held, at which time it shall be the responsibility of the Association to notify the insurance
carrier of a change in the ownership of any Unit. The policy or policies shall also cover personal property
owned in common, and shall further contain waiver ol' subrogation rights by the carrier as to negligent
owners.
10.3 Fire and Casualty on Individual Units. Except as expressly provided in this clause and
in Section 10.4 herein, no Owner shall separately insure its Unit or any part thereof against loss by fire or
other casualty covered by the insurance carrier under Section 10.2 herein. Should any Owner violate this
provision, any diminution in insurance proceeds resulting from the existence of such other insurance, shall
12
4830-3307-8227
be chargeable to the Owner NNho aegnired such other insurance, who shall be liable to the Association to
the extent of any such diminnlloll and'or loss of proceeds.
10.4 Personal Liability on individual Units. An Owner may carry such personal liability
insurance, in addition to that herein required, as it may desire. In addition, the personal property of the
Owner shall be sepai,atcl\ insured hN such Owner to its fill insurable value, such insurance to be limited to
the type and nature of coveraie O ien referred to as "Condominium Unit Owners Insurance". All such
insurance separatcl\ carried shall contain waiver of subrogation rights by the carrier as to negligent Owners.
10.E Additional Coverage. The Association may purchase and maintain in force, at the expense
of the maintenance fund, debris removal insurance, fidelity bonds, and other insurance and/or bonds that it
deems necessan . The Association shall purchase insurance for every director and officer of the Association
and maintain workmen's compensation insurance to the extent that the same shall be required by law
respecting employees of the Association. The Board may also maintain "special risk" insurance coverage
on the Condominium Regime to insure against water damage, including back up on sewers and drains as
well as flood insurance and like kind casualties.
10.6 Loss Adjustment. The Board is hereby appointed as the attorney-in-fact for all Owners to
negotiate loss adjustment on the policy or policies carried by the Association.
10.7 Association as Trustee for Proceeds. In the event of damage or destruction by fire or
other casualty affecting a Unit or Units, and/or if any portion of the Common Elements is damaged or
destroyed by fire or other casualty, all insurance proceeds paid in satisfaction of claims for said loss or
losses shall be segregated according to losses suffered by each Unit or Units and/or the Common Elements,
and shall be paid to the Association as trustee for the Owner or Owners and for the encumbrancer or
encumbrancers, as their interest may appear. Said insurance proceeds, and the proceeds of any special
assessment as hereinafter provided, whether or not subject to liens of mortgages or deeds of trust, shall be
collected and disbursed by said trustee through a separate trust account on the following terms and
conditions:
a. Partial Destruction of Common Elements. If the damaged improvement is a
Common Element, the Board of Directors of the Association may without further authorization contract to
repair or rebuild the damaged portion of the Common Element substantially in accordance with the original
plans and specifications thereof.
b. Partial Destruction of Units and Common Elements. In the event of damage to, or
destruction of, any Unit or Units with accompanying damage to the Common Elements but the total
destruction or damage does not represent sixty percent (60%) or more of the Buildings and the cost of
repairing or rebuilding said damaged area does not exceed the amount of available insurance proceeds for
said loss by more than Fifteen Thousand and No/100 Dollars ($15,000.00), the Board of Directors of the
Association shall immediately contract to repair or rebuild the damaged portion of the Unit or Units and
the Common Elements substantially in accordance with the original plans and specifications. If the cost to
repair or rebuild exceeds available insurance by Filleen Thousand and No/100 Dollars ($15,000.00), the
Owners of the individual Units, by vote of not less than a majority of those present and entitled to vote, in
person or by proxy, at a duly constituted Owners' meeting held within thirty (30) days from the date of
such damage or destruction, shall determine whether the Board of Directors shall be authorized to proceed
with repair or reconstruction.
C. Total Destruction. In the event of sixty percent (60%) or more damage to, or
destruction of, the Buildings by fire or other casualty, the Owners of the individual Units, by vote of not
less than a majority of those present and entitled to vote, in person or by proxy, at a duly constituted Owners'
13
4830-3307-8227
meeting held within thirty (30) days from the date of such damage or destruction, shall determine whether
the Board of Directors shall be authorized to proceed with repair or reconstruction, or whether said Project
shall be sold; provided, however. that such determination shall be subject to the express written approval
of all record owners of Nlortgages upon any part ofthe Condominium Regime.
In the event of a determination to rebuild or repair, the Board shall have prepared
the necessan plans, specifications and maps and shall execute the necessary documents to effect such
reconstruction or repair as promptly as practicable and in a lawful and workmanlike manner.
In the event of a detennination not to rebuild, the Board shall offer the Project for
sale forthwith, at the highest and best price obtainable, either in its damaged condition, or after damaged
structures have been razed, the net proceeds of such sale, and the proceeds, if any, of insurance carried by
the Assa:iation, and/or by the Owners as a whole on the Project, including coverage on the Units and the
Common Elements, except for Unit coverages under Section 10.4 herein, shall be distributed
proportionately to the Owners in the same proportion that the Unit in which they have an interest shares in
the Common Elements, except that where there is a mortgage of record or other valid encumbrance on any
one Unit then, and in that event. with respect to said Unit the Association will distribute said proceeds
,.which would otherwise have been distributable first to the record owner of mortgages upon Units and
Common Elements in the Condominium Regime in satisfaction of the balance currently due on said
encumbrances and then the remaining proceeds, if any, to the Owner of record.
d. Deficiency. In the event that the Common Elements are repaired or reconstructed
pursuant to the provisions of Subsections a—c above and there is any deficiency between the insurance
proceeds paid for the damage to the Common Elements and the contract price for repairing or rebuilding
the Common Elements, the Board shall levy a special assessment against each Owner in proportion to its
percentage of ownership in the Common Elements to make up such deficiency. If any Owner shall fail to
pay said special assessment or assessments, within thirty (30) days after the levy thereof, the Board shall
make up the deficiency by payment from the maintenance fund, and the remaining Owners shall be entitled
to the same remedies as those provided in Article 8 of this Declaration, covering a default of any Owner
with respect to the Owner's responsibility for maintenance.
e. Arbitration. In the event of a dispute among the Owners and/or Mortgagees
respecting the provisions of this clause, any such party may cause the same to be referred to arbitration in
accordance with the then prevailing rules of the American Arbitration Association.
In the event of arbitration, the party requesting the arbitration will give immediate
notice thereof to the Board, which shall notify all other Owners and Mortgagees as promptly as possible
after the reference to arbitration is made, giving all such parties an opportunity to appear at such arbitration
proceedings. The decision of the arbitrator in this matter shall be final and conclusive upon all of the parties.
The arbitrator may include in his or her determination an award for costs and/or attorney fees against any
one or more parties to the arbitration.
10.8 Abatement of Common Expenses, The Board is authorized to provide coverage for
payment of maintenance charges which are abated hereunder on behalf of an Owner whose Unit is rendered
uninhabitable for a peril insured against.
10.9 Review of Insurance Needs. Insurance coverages will be analyzed by the Board, or its
representative, at least every year from the date hereof and the insurance program revised accordingly.
14
4830-3307-8227
ART1C1,E. I1
MORTGAGEE PROTECTIONS
11.1 Right to Mortgage. Tach 0%%ner shall have the right. siihject to these provisions, to grant
separate Mortgages for its l Init together �%i1h the respective ownership interest in the Common Elements.
No Ovoier shall have the right or author 11\ to make or create or cause to he made or created from the date
hereof any Mortgage or other lien on or allecting the Pro.iecl or any part thereof; except only to the extent
of its own Unit and the respective rnvnership interest in the Common I'lIements appurtenant thereto.
11.2 Lien Subordination. The lien for Common Expenses payable by an Owner or fines
assessed against an Owner shall he subordinate to the lien of a prior recorded first Mortgage on the interest
of such Owner. This Section shall not be amended, changed, modified, or rescinded without the prior written
consent of all Mortgagees of record holding a lien against all or a part of the Project.
11.3 Mortgagee's Rights. Upon written request provided to the Association, any Mortgagee,
or insurer or guarantor of any first Mortgage will be entitled to:
Inspect the Books and records of the Association during normal business hours.
b. Receive a financial statement of the Association within ninety (90) days following
;he end of any fiscal year of the Project; and
C. Receive written notice of all meetings of the Association and designate a
representative to attend all such meetings.
11.4 Insurance Proceeds Upon Damage. In the event of substantial damage to or destruction
of any Unit or any part of the Common Elements, the Mortgagee of a Unit will be entitled to timely- written
notice of such damage or destruction, and no provision of this Declaration or any other document
establishing the Project will entitle the Owner or other party to priority over such Mortgagee with respect
to the distribution of any insurance proceeds. Any proceeds from settlement shall be payable to the
Association_ for the benefit of the Owners and their Mortgage holders, as more specifically set forth in
Article 10.
11.5 Condemnation. If any Unit or portion thereof or the Common Elements or any portion
thereof is made the subject matter of any condemnation or eminent domain proceeding or is otherwise
thought to be acquired by a condemning authority, the Mortgagee of a Unit will be entitled to timely written
notice of any such proceeding or proposed acquisition, and no provisions of this Declaration or any other
document establishing the Project shall entitle the Owner or other party to priority over such Mortgagee
with respect to the distribution of the proceeds of any award or settlement. Any proceeds from settlement
shall be payable to the Association, for the benefit of the Owners and their Mortgage holders.
11.6 No Right of First Refusal. The right of an Owner to sell, transfer, or otherwise convey the
Owner's Unit will not be subject to any right of first refusal or any similar restriction in favor of the
Association.
11.7 Rights of Mortgagees Under Foreclosure. Each Mortgagee who takes possession of a
Unit by virtue of foreclosure of the Mortgage, or by deed or assignment in lieu of foreclosure, or any
purchaser at a foreclosure sale, will take the Unit Tree of any claims for unpaid assessments and charges
against the Unit which accrue prior to the time such holder takes possession of the Unit, except for claims
for a pro rata reallocation of such assessments or charges to all Units including the mortgaged Unit.
15
4830-3307-8227
11.8 Notice to Mortgagee. Upon written request of the Mortgagee, the holder of a first
Mortgage shall be entitled to prompt written notice from the Association of any default in the performance
of any obligation under this Declaration, the Articles, the Bylaws, or the Rules and Regulations of the
Association, which default is not cured by the Owner within thirty (30) days' notice of lapse, cancellation
or material modification of any insurance policy or fidelity bond maintained by the Association, and any
proposed action that requires the consent of a specified percentage of eligible Mortgage holders.
ARTICLE 12
CONDEMNATION
12.1 Condemnation; General. if all or part of the Project is taken or threatened to be taken by
condemnation, the Board shall act on behall'of the Association, to represent the Owners in any proceedings,
negotiations, settlements, or agreements. Each Owner hereby appoints the Association as attorney-in-fact
for tills purpose. The expense of participation in such proceedings by the Board shall be a Common
Expense. The Board may obtain and pay for such assistance from attorneys, appraisers, architects,
engineers, expert witnesses, and other persons as the Board deems necessary or advisable to aid or advise
it in matters relating to such proceedings. All damages or awards for any such taking shall be deposited
NA-ith the Board, acting as trustee, and such damages or awards shall be applied or paid as provided herein.
12.2 Condemnation of Common Elements. If any action is brought to condemn a portion of
the Common Elements, the Board shall have the sole authority to determine whether to defend or resist
such action, to make any settlement with respect thereto, or to convey such property to the condemning
authority in lieu of condemnation. After the damages or awards for such taking are determined, such
damages or awards shall be paid to each Owner in proportion to its ownership interest. The Board may call
a meeting of the Association, at which meeting the members by a majority vote may decide whether to
replace or restore insofar as possible the Common Elements so taken or damaged.
12.3 Payment of Awards and Damages. Any damages or awards paid to or for the account of
any, Owner by the Board, acting as trustee, shall be paid to the Association, for the benefit of the Owners
and their Mortgage holders. Any awards shall be applied first to the payment of any taxes or assessments
by, governmental authority past due and unpaid with respect to that Unit; secondly, to amounts due under
any Mortgages; thirdly, to the payment of any unpaid common expenses, fines or special assessments
charged to or made against the Unit; and finally to the Owner.
ARTICLE 13
TERMINATION
13.1 Procedure. The Condominium Regime may be terminated in the following manner, in
addition to the manner provided by the Act:
a. Destruction. In the event it is determined in the manner elsewhere provided that all
Buildings shall not be reconstructed because of major damage, the Condominium Regime will be thereby
terminated in compliance with the provisions of the Act.
b. Agreement. The Condominium Regime may be terminated at any time by the
approval in writing of all of the Owners and by holders of all liens affecting any of the Units by filing an
instrument to that effect, duly recorded, as provided in the Act. It shall be the duty of every Owner and its
respective lien holder to execute and deliver such instrument and to perform all acts as in a manner and
form as may be necessary to effect the sale of the Project when at a meeting duly convened of the
Association, the Owners of 100% of the voting power, and all record owners of Mortgages upon Units in
the Condominium Regime, elect to terminate and/or sell the Project.
16
4830-3307-8227
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Act. Upon the recordation of such inslrtimcnl in the office ofthe Madison County Recorder, the same shall
be effective against any persons owning an interest in a I Init or the Condominium Regime.
14.2 Amendment of Ownership Interest. No amenchnent shall change the percentage of
oNvnership in the Contnton I lemenls apput1enanl to a I Inil, nor increase the Owner's share of the Common
Expenses unless the recoitif Owner of the I Inil concerned and all record owners of Mortgages thereon shall
affirmatively loin in the adopting of stich amendment.
14.? Notices. Upon acquisition of title to a I Imt, each Owner shall provide written notice to the
Declarant or Ass,.ciation of such Owner's address For purposes of furnishing notices in connection with
this Declaration and ifno such address shall have been provided, then the address used by Madison County
for the mailing of real property tax statements for such Unit shall he used for such notice. The Declarant or
Ass%,viation shall maintain a record of the current notice addresses furnished by the other Owners, if any.
All notices to be riven pursuant to this Declaration shall be sufficient if given by personal service, by
guaranteed overnight delivers service or by being mailed postage prepaid, certified or registered mail,
return receipt requested, to the prescribed address. Any time period provided in the giving of any notice
hereunder shall commence upon the date of personal service, the date after delivery to the guaranteed
overnight del iven- sen•ice or two (2) days after mailing by certified or registered mail.
14.4 No Merger. The easements, covenants, restrictions and other provisions contained in this
Declaration shall remain in full force and effect despite the fact that any portion of the Property may be
omned by the same persons from time to time.
14.5 No Third-Party Beneficiary. This Declaration has been executed and recorded for the
benefit of Declarant. the Association, and the Owners. Unless otherwise set forth herein with specificity
which shall include the name of the party which shall be intended to be benefitted by a specific provision
of this Declaration, no other party shall be construed to be an intended third-party beneficiary of any of the
rights. dunes or obligations set forth herein and no party other than Declarant, the Association or an Owner
shall therefore, have the right to enforce any provision hereof, unless such right shall be specifically set
forth herein.
14.6 Liberal Interpretation. The provisions of this Declaration shall be liberally construed as
a Abole to effectuate the purpose of this Declaration.
14.7 Captions. The titles, headings and captions used herein are for convenience only and are
not a part of this Declaration and shall not be considered in construing, nor shall same be used to limit or
amplify the terms and provisions hereof.
14.8 Invalidity of Provision. If any provision of this Declaration as applied to any circumstance
shall be adjudged by a court of competent jurisdiction to be void or unenforceable for any reason, the same
shall in no way affect (to the maximum extent permissible by law) any other provision of this Declaration,
the application of any such provision under circumstances different from those adjudicated by the court, or
the validity or enforceability of the Declaration as a whole.
14.9 Exhibits. All exhibits to this Declaration are incorporated herein by this reference.
14.10 Governing Law. This Declaration and the exhibits attached hereto shall be governed by
and construed under the laws of the State of Idaho.
14.11 Plural and Gender. Whenever the context so permits or requires, the singular shall include
the plural and the plural the singular, and the use of any gender shall include all genders.
18
4830-3307-8227
IN WITNESS WHEREOF, Declarant, as the record owner of the Property, and pursuant to Idaho
Code § 55-1504(c)(iii), has executed this Declaration the day and year first above written.
DECLARANT:
BLUE OX DEVELOPMEN'r, LLC,
a Utah hinifed liability company
By:
Name: Aaron Je'"*
Its: Manager
STATE OF UTAH
) ss:
COUNTY OF DAVIS )
Sf
This instrument was acknowledged before me on the1 day of C 20Z by
Aaron Jensen, Manager of BLUE OX DEVELOPMENT, LLC, a Utah limited liability company.
Notary Public
Of r,te,� SAtEHA KANISHKA VADIPOUP
•`� 'gyp Notary Public
State of Utah
My Commission exoros July 06, 202A
comm No 7120
19
4830-3307-8227
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
Beginning at a point that is N00° 11'06"W 1159.37 feet and N89°35'1 5"E 420.47 feet from the Southwest
comer of Section 17, Township 6 North, Range 40 East of the Boise Meridian, Madison County, Idaho and
running thence N89°35' 15"E 142.74 feet; thence S00008'08"E 495.01 feet; thence S89°35' 15W 374.00
feet to a point on a curve having a radius of 1850.00 feet and a chord that bears N23°25'48"E 431.90';
thence to the right along said curve a distance of 432.89 feet thru a central angle of 13°24'25"; thence
N3001 WOVE 116.11 feet to the point of beginning, containing 3.087 acres.
Exhibit A
4830-3307-8227
See attached.
EXHIBIT B
PLAT
Exhibit B
4830-3307-8227
EXHIBIT (
\R11(1 I � (►F 1�l (►k l'(►H \TI(1V
t►I
1F11 (�\1�Ttl�F HFI(:111�
4►\I►(MINI1 NIs (MNF R1i \1;iV)Cl\Tl0N
TO THE SFCR1INR) (M 4%1 \11 til 1111 �,1 \ I I 01 ID \11()
In comphance .. fth the R`gmrvfnent� of the hfigho Nionprofit ( orporation \ct. I itle 10. Chapter 30.
C ,�.ieot Idaho. a;, amen,i.Ni, the unitci-icnc.i actine q: incogx1r.iter ofr► nonprofit corporation hereby adopts
thic follo.%inc V10C, of Inci��k�fatli�n
:article 1
Name and Principal ORice
The coax -ration :hall he Lno%%n ac \ ellmwstone Heights Condominiums Owners Association
ani'. itt r"n,:ipal of ice, :hall be k.wated in Re0in-L,. \ladis.in ( ollim. Idaho.
lrticle 1
Corporate Existence
The cogvoratc existence of this coilx-iration shall begin upon the date these Articles are filed with
ttK 1dah,?'secretarn of'statr. and the peri. --d of its duration is perpetual.
Article 3
Purposes and Powers
A. The purpose and obiective of the corporation is to provide an entity to conduct the business
anc afffairs o±. and to act as or for. the co-owners of that certain condominium project created and submitted
punsuarit to the pro► inions of the Idaho Condominium Property Act, Title 55, Chapter 15, Code of Idaho
:(26 i. as amended_ Lnow n as -Yellow-stone Heights" (the "Condominium Regime") and to be located on
-emir. portions of real estate situated in Rexburg, Madison County, Idaho.
The corporation shall have all powers and purposes granted or implied to a council of co-
o rwr: as are granted or implied by the Condominium Declaration establishing said Condominium Regime,
ara all 4 such powers shall likewise constitute lawful purposes of the corporation. In addition, the
Lq>oration shall has a all powers and purposes granted or implied to a nonprofit corporation under the
Jdah(; %onprofit Corporation Act. Title 30, Chapter 30, Code of Idaho, and all of such powers shall likewise
constitute lawful purposes of the Association.
1:.
'I fit: purposes of the corporation are exclusively not for private profit or gain and no part of
its acti►ities shall consist of' carrying on political propaganda or otherwise attempting to influence
legislation, and the corporation shall make no distribution of income to its members, directors or officers,
although rnernbers; directors, or officers may be reimbursed for expenses incurred while conducting the
affairs of the corporation. No dividends shall be paid to members at any time.
C. In maintaining property, the corporation may join with the ntanagentent of any other
Association(s) maintaining similar properties in securing; or providing services or facilities common in
whole or in part to both or all, and in discharging the expense thereof.
lixhibit C
-1830-3307-8227
Article 4
Registered Office and Agent
The address of the initial registered oilice of the corporation is 866 North 4th Street. Suite #2 Laramie.
WY 82072, and the name of its initial registered agent at such address is ,tared Killpack.
Article 5
Board of Directors
The number of directors constituting the initial Board of Directors of the corporation is three (3),
and the names and addresses of the persons who are to serve as the initial directors are:
Name Address
Aaron Jensen 6225 South 440 East
Murray, UT 84107
Jared Killpack 866 North 4th Street, Suite #2
Laramie, WY 82072
The initial Board of Directors shall be subject to removal only by Blue Ox Development, LLC
acting by and through its Manager until their term expires as provided in the Bylaws, but thereafter a
Director may be removed from office at a special meeting of the members of the corporation in such manner
as may be provided by the Bylaws.
Article 6
Bylaws
The initial Bylaws of the corporation shall be adopted by its initial Board of Directors, but the
power to thereafter alter, amend, or repeal the same or adopt new Bylaws is reserved to the members of the
corporation.
Article 7
Members and Voting
Persons or entities owning Units submitted to the Condominium Regime shall be the members of
the corporation, all of which and the rights and obligations thereof shall be governed by the provisions of
the Bylaws. The voting rights of the members shall be fixed, limited, enlarged, or denied to the extent
specified in the Bylaws.
Article 8
Execution of Written Instruments
All instruments executed by the Association shall be deemed sufficient if executed as provided by
specific resolution of the Board of Directors as certified by the president, vice president or secretary of the
Association.
Article 9
Dissolution
Exhibit C
4830-3307-8227
The Association may be dissolved with the assent given in writing and signed by not less than two-
thirds (2/3) of the members. Upon dissolution of the Association, other than incident to a merger or
consolidated, the assets of the Association shall he dedicated to an appropriate public agency to be used for
purposes similar to those for which this Association was created. In the even( that such dedication is refused
acceptance, such assets shall be granted, conveyed and assigned to any nonprofit corporation, association,
trust or other organization to be devoted to such similar purposes.
Article 10
Exemption of Members from Personal Liability
The private property of all members of the Association shall be wholly exempt from liability for
any and all debts. obligations and liabilities of the Association.
Article 11
Amendment
Amendment of these Articles shall require the assent of two-thirds (2/3rds) of the entire
membership.
Article 12
Incorporator
The name and address of the incorporator is:
Name Address
Aaron Jensen 6625 South 440 East
Murray, Utah, UT 84107
IN WITNESS WHEREOF, for the purpose of forming this corporation under the laws of the State
of Idaho, the undersi ed, being the sole incorporator of this Association, has executed these Articles of
Incorporation this day of MmAr), , 20 $-Z.
Aaron Jensen, 1116xorator
Exhibit C
4830-3307-8227
EXHIBIT D
OF
YELLOWSTOtiF' HFIGHTS CONDOMINIUMS OWNERS ASSOCIATION
Thcsc are the of Yellm\stone Heights Condominiums Owners Association (hereinafter
referre,i to a-, -A--sociAtion" ), a corporation organized pursnanl to the Idaho Nonprofit Corporation Act,
Title 30. Chapter 3,0. Code of idaho. as amended (file "Act"). for the purpose ol'administering Yellowstone
Heights, a condominium protect established pursuant to the Idaho Condominium Property Act, Title 55,
Chapter 15, Code of Idaho (2020), as amended, located on certain portions of the real property located in
Rexburg, Madison Count-\, Idaho_ Anv capitalized term used but not otherwise delined herein shall have
the meaning given to such term in the declaration executed for the purpose of governing said condominilim
proiect (the "Declaration").
1. '.MEMBERS AND VOTING RIGHTS.
1. Only the Owners of each Residential Unit shall constitute the Members of the Association
and membership shall automatically cease upon termination of all interests of such Owner in the
Condominium Regime. Declarant shall be and have the rights of Members with respect to unsold
Residential Units.
2. An Owner of record shall be recognized as a Member in the Association without further
action for so long as it holds an ownership interest in a Residential Unit. If ownership is acquired but not
of record, or if acquired other than by way of conveyance or other formal instrument of transfer (such as
by death. judicial act or dissolution), the person acquiring or succeeding to ownership shall present to Board
of Directors of the Association evidence satisfactory to it of facts evidencing lawful ownership status prior
to exercise of any rights of membership in the Association (failure to provide such evidence shall not.
however. relieve an Owner of its ownership obligations). A fiduciary or other official acting in the
representative capacity shall exercise all membership rights and privileges of the Owner which it represents.
3. If more than one person is the Owner of the same Residential Unit, all such Owners shall
be Members and remain jointly and severally liable for all membership obligations. In such cases, or if
more than one fiduciary or other official is acting in the premises, the votes entitled to be cast by the Owners
of that Unit shall be cast by the person named for that purpose on a certificate signed by all such Owners
or fiduciaries or other officials and filed with the Secretary of the Association and such person shall be
deemed to hold an ownership interest to such Unit for purposes of voting and determining the representation
of such ownership interest at any meeting or for purposes otherwise provided herein. if such certificate is
not executed and filed with the Secretary, such membership shall not be in good standing and the votes for
that Unit shall not be considered in considering a quorum or a vote or for any other purposes until this
bylaw is complied with.
4. The Owner of each Residential Unit shall be entitled to one vote on all matters to be
determined by the Members of the Association either as Owners or as Units or as contemplated by the Act,
as amended, pursuant to the Declaration, including any supplements or amendments thereto, submitting the
property to the Condominium Regime. Votes of a single Residential Unit may not be divided. Declarant
shall be entitled to one vote for each Residential Unit it owns,
Exhibit D
4830-3307-8227
11. MEMBERS' MEETINGS.
1. The organizational meeting of the Members of the Association to elect successors of the
initial Board of Directors shall be held on the earlier of five (5) years after Declarant conveys the first
Residential Unit in the Condominium Regime to an unaffiliated, third -party Residential Unit purchaser, or
after Declarant has turned over control of the Condominium Regime to the Association.
2. A special meeting shall be held whenever called by the President or, in his or her absence
or disability, by the Vice -President, or by any one Member of the Board of Directors.
3. The Secretary or his or her designate shall give written notice to each Member of the annual
meeting or a special meeting called pursuant to Section 11.2 hereof. Whoever requests the special meeting
shall give like Witten notice of such special meeting. All notices shall set forth the time and place and
purpose or purposes for which the meeting will be held. No action shall be taken at a special meeting which
is not directly related to the purpose or purposes stated in the notice of such meeting.
4. The Secretary shall fix the record date for membership votes prior to any membership
meeting. The record date for determining the Members entitled to notice of a meeting is the close of business
on the day preceding the mailing of the notice of that meeting. The record date for determining the Members
entitled to vote at a meeting is the date of the meeting.
5. After fixing a record date for notice of a meeting, the Secretary shall prepare an alphabetical
list of the names of its Members who are entitled to notice of the meeting. The list shall show the address
of each Member and the number of votes each Member is entitled to cast at the meeting. The Secretary
shall also prepare on a current basis through the time of the membership meeting a list of Members, if any,
who are entitled to vote at the meeting but were not entitled to notice of the meeting at the time notice was
liven.
6. Notice of a Members' meeting shall be given by mailing or delivering the same not less
than ten (10), but not more than thirty (30) days, prior to the date of the meeting. Notice shall be deemed to
be given if mailed by first class mail to the Member at the address of his or her Residential Unit within the
Condominium Regime, unless at the time of giving such notice such Member has given written direction
delivered to the Secretary specifying a different mailing address to be carried on the rolls of the Association.
If more than one person is the owner of the same Residential Unit or if more than one fiduciary or one
official is acting in the premises, notice to such person shall be deemed to have been given, when in
accordance with this paragraph to the person named in the certificate filed with the Secretary in accordance
with Section 1.3. Notice of any meeting may be waived in writing by the person entitled thereto.
7. A quorum at a Members' meeting shall consist of two-thirds (2/3) of the Owners of all of
the Residential Units. The acts carried or approved by a majority vote of all Owners of the Residential Units
represented at a meeting at which a quorum is present shall constitute the acts of the membership unless a
different rule is provided herein or by the Articles, the Declaration or other agreement to which the
Association is a party. The President, or, in his or her absence or disability the Vice -President, shall preside
at each Members' meeting; if neither the President nor the Vice -President is able to preside, a chairman
shall be elected by the Members present at such meeting.
8. At a membership meeting, a person holding a member's proxy to vote shall be permitted
to cast such Member's vote on all questions properly coming before such meeting, provided such proxy
must be in writing and signed by a Member or other person entitled to cast votes, and shall set forth the
Residential Unit with respect to which such rights are pertinent, and the period in which the proxy is to be
Exhibit D
4830-3307-8227
in force and effect. Decision of the Board of Directors as to the sufficiency of any proxy for recognition
shall be final and not subject to appeal to the members.
9. At all meetings, the order of business shall consist of the following:
(a) Flection of ('hairman, if rcyuired.
(b) Calling of roll and certification of proxies.
(c) proof of notice of meeting or waiver of notice.
(d) Reading and disposal of any unapproved minutes.
(e) Reports of officers, if applicable.
(t) Reports ofcommittees, if applicable.
(g) Election of Directors, if applicable.
(h) Unfinished business.
(i) New Business.
cl) Adjournment.
Roberts Rules of Order shall govern unless the Chairperson prefers to utilize another method to
facilitate the meeting.
in. BOARD OF DIRECTORS.
1. The affairs of the Association shall be managed by an initial Board of three (3) Directors.
The initial Board shall consist of such persons as the Declarant may appoint pursuant to the Declaration
and need not be Members of the Association. The initial Board shall serve until the first annual Members
meeting. From and after the first annual meeting of members, the Board of Directors shall be selected from
the members of the Association. An officer or designated agent of a partnership or corporate member shall
qualify to serve as a Director.
2. At the first annual Members' meeting and at each meeting thereafter three (3) Directors
shall be elected and the term of office of each Director shall extend until the next annual meeting of the
members and thereafter until their successors are duly elected and qualified or until removal in the manner
as elsewhere provided.
3. Each Director shall be elected by ballot (unless such requirement is waived by unanimous
consent) and by a plurality of the votes cast at the annual meeting of the members of the Association. Each
person entitled to vote shall be entitled to vote for as many nominees as there are vacancies to be tilled by
election and each Director shall be elected by a separate ballot unless provided otherwise by unanimous
consent of the members.
4. Except as provided in Section 111.5, vacancies on the Board of Directors may be tilled until
the date of the next annual meeting by a vote of the remaining Directors regardless of whether those
remaining constitute a quorum.
5. The initial Directors shall be subject to removal only by the Declarant. Thereafter, a
Director may be removed by concurrence of three-fourths (3/4) of the Members at a special meeting called
for that purpose. The vacancy on the Board of Directors so created shall, be tilled by the persons entitled
to vote at the same meeting.
6. The initial Directors as well as any other Directors appointed by the Declarant shall serve
without compensation. Directors elected by the Members shall receive such compensation and expenses as
may be approved by the persons entitled to vote at any annual or special meeting.
Exhibit D
4830-3307-8227
Nn organi7ation meetine of A nevk IN -elected Board of Directors shall he held within ten
t 1 i11 da, s of their election at akh place find time A: •h:all he fired hN the Directors at the meeting at which
thc,% »erc elected `o fitriher rimice of the oreAnii,atton mee ine shall lie necessar\
R 1;� A rnpuorit-, i o1c. thr 1)inN hots mm yet the thio and rine for regular meetings of the
Board and no notice thereof ehAtl tx required until arch mcolution is modified or rescinded. Special
meelmc,z of the PiriN,ion;. nim tK c.411c4i M the Presidrnt. \ ice President, or am Director, provided not less
than NO t. t drt\ notice shall he cis en. rer�onxlh or M mml, telephone. or ielev mrh. which notice ;hall
state the time. 1,19cc and t•ntro;4c of the meeting
Q \ anornm at A Dlrector�' meeting :hall con.ta of two of the three Director, rhe acts
appr,,\ eki th\ a matorit,\ \ ote of those rrecent At a meeting duh called at which a quorum iG present :hall
convtitattc the of the entire Board of DirecMrz, except here approval M it greater number of Directors
ik rrqutrn.,i h\ the 11o0aratnon or these B\IA\\c
C i'hc prcodmp officer of a Director': meeting;hall be the President, or in his or her absence.
the \ tcc-Prc-,tdent.
The Board of Dire torn, by resolution approved by all Members thereof, may designate
'rwr amotW its member% ouch committees as it deems advisable and by resolution provide the extent and
Tanner tr w hick the same mas hay c and exercise the authority of the Board.
Board of Dirc, tors meetings must be open to all Owners except for meetings between the
ci.ard and rte anornr\ w itis resp.-ct to proposed or pending litigation where the contents of the discussion
M .>uld ottw-m ise be governed by anorney-client privilege. Notice of each Board of Director's meeting must
++r maned or delivered to each Owner at least seven (7) days before the meeting. Minutes of meetings of
tnc- Board of Director-, must be maintained in written form or in another form that can be converted into
Mutter. form within a reasonable time. The official records of the Board of Directors must be open to
irn, c tion a»d a%aiiahlc ft.w photocopying at reasonable times and places. Any action taken by the Board
�t Directors at a meeting that is in violation of any of the provisions of this subsection is not valid or
cnfoxceabie. Not%ithstanding the above, the Board of Directors may conduct a meeting in an emergency
situation subject to the ratification of any Board action at a subsequent meeting held in compliance w ith
tt-iii Section;.
W. PO%4 ERS AND DUTIES OF THE BOARD OF DIRECTORS.
All of the powers and duties of the Association shall be exercised by the Board of Directors,
including those existing under the common law and statutes, the Articles, and the Condottciniunl
Documents Such powers and duties of the Directors shall be exercised in accordance with the prov isions
of the I.)ec;laratton and. in addition to those elsewhere provided, shall include but not be (incited to the
follow Ing:
7tie collec:tiort of Assessments against Members tial' all C01111non h:xpdnsrs;
2. Use Of the prlxxuds of Assessnlents 111 IIIC exercise of it', hovers and duties;
3. the maintenance, repair, replaccnlcut, and operation of the Project including all Common
Llements, and the making or providing for payment for all such work and approving or delegating to the
Officers authority to approve vouchers therefor;
Fxhibit 1)
4830-3307-8227
4. The reconstruction, repair, restoration. or rebuilding of the Project and of any Onits as
applicable after casualty. constriction of new improvements or alterations if approved: to make and amend
regulations respecting the use and occupancy of the Project and to permit or forbid an action or conduct
within the discretion committed to them in the Declaration, Bylaws, and resolutions of the members:
J. The enforcement by legal means of the provisions ofthe Act. the Articles, the Bylaws, the
Declaration, and the Rules and Regulations iia' the use of the Property. and to take legal action in the name
of the Association and on behalf of the Members:
6. To contract for management ofthe Condominium Regime and to delegate to such manager
any or all po-%yers and dirties ofthe Association except such as are specifically required by the Declaration.
Bylavys or resolutions of the Members to have approval of the Board of Directors or the membership of the
Association:
To employ, designate, and discharge personnel to perform services required for proper
operation of the Condominium Regime:
8. To carry insurance on the Property and insurance for the protection of Owners, occupants.
and the Association.
9. To pa, the cost of all power, water, sewer, and other utility or other services rendered to
the Condominium Regime and not billed directly to the Owners of the individual Units;
10. To conduct all votes or determinations of the Members other than at a membership
mee ine:
N. . To borrow money from banks, lending institutions or agencies for the use and benefit of
the Association and to secure loans by pledge of the assets of the Association, and from time to time renew
such loans and give additional security; and
12. To do such other acts as are necessary and proper to effect the purpose of the Condominium
Regime as stated in the Declaration and these Bylaws, provided such acts are not otherwise prohibited.
V. OFFICERS.
1. The officers of the Association shall be the President who shall be a Director, a Vice -
President who shall be a Director, a Treasurer, who need not be either a Director or a member, and a
Secretary, who need not be either a Director or member. All such officers shall be elected annually by the
Board of Directors and may be peremptorily removed and replaced by the vote of two-thirds (2/3) of the
Directors at any meeting. The initial officers and their successors shall be chosen by the initial Board of
Directors and shall serve until the organizational meeting of the Members. The Board of Directors may
from time to time create and fill other offices and designate the powers and duties thereof. Each officer
shall have the powers and duties usually vested in such office, and such authority as is committed to the
office by the Bylaws or by specific grant from the Board, but sul ject at all times to the provisions of the
Bylaws and to the control of the Board of Directors.
2. The President shall be the chief executive officer of the Association. He or she shall preside
at all membership meetings and meetings of the Board of Directors and shall have power to appoint
committees from among the Members to assist in the conduct of the affairs of the Association and the
Condominium Regime.
Exhibit D
4830-3307-8227
3. *rhe Vice -President shall preside oyer the membership meetings in the absence or disability
of the President, and shall olherNNIse exercise the powers and duties of the President in the event of the
absence or disability of the President and shall generally assist the President and exercise such other powers
and duties as are prescribed bN the directors.
4. The Secremr\ shall keep the minutes of all proceedings of membership meetings and
Directors' meetings and shall have custody and control of the Minute Rook of the Association and shall
keep or be in charge and control of the records of the Association.
�. The Treasurer shall have control of the funds and other property of the Association and
shall keep the financial books and records thereof.
b. The compensation of all officers and employees shall be fixed by the Directors. This
provision shall not preclude the Board of Directors from employing a Director as an employee, nor the
contracting with a Director for management of the Condominium Regime.
Anx instrument affecting an interest in real property may be executed by the President or
ice -President and one other officer upon authorization of the Directors or in such manner as the Directors
ma\ otherwise direct.
NI. FISCAL MANAGEMENT.
1. The Board of Directors shall adopt a budget for each fiscal year (which shall be the same
as the Association's fiscal year for income tax purposes) which shall include the estimated funds required
to defray the Common Expenses and to provide and maintain funds for the following accounting categories
according to good accounting practices:
(a) Current expenses which shall include all funds and expenditures to be made for the
v ear for which the funds are budgeted, including a reasonable allowance for contingencies and working
funds, except expenditures chargeable to reserves or to additional improvements. The balance of this fund
at the end of each year shall be applied to reduce the assessments for current expense for the succeeding
year
(b) Reserve for deferred maintenance, which shall include funds for maintenance
items which occur less frequently than annually; and
(c) Reserve f'or replacement, which shall include funds for repair or replacement
required because of damage, destruction, depreciation or obsolescence.
2. The Board of Directors shall assess against each Unit, and the Owners thereof shall be
liable for, a share of the items in the budget adopted pursuant to Section VI.1 equal to such Unit's pro rata
share of Common Expenses as set fbrth in the Declaration. Such share shall be assessed annually in advance
for the fiscal year fbr which the budget was prepared, and notice of* such assessments shall be mailed or
delivered not less than thirty (30) days prior to the first day ol'such fiscal year. Such assessment shall be
due and payable from the respective Owner or Owners in twelve (12) equal installments, each installment
being due and payable the first day of each calendar month, within such fiscal year. In the event notice of
such assessment is not timely given, the amount of such assessment will not change but the due date for
each installment which would otherwise be due and payable less than thirty (30) days from the giving of
such notice, shall be due and payable on the due date of the first installment which is due after thirty (30)
days from the date such notice was mailed or delivered. In the event the annual assessment proves to be
insufficient, the budget and assessments, therefore, may be amended at any time by the Board of Directors.
Exhibit D
4830-3307-8227
Such amended budget may be adopted at a special Directors' meeting upon an affirmative majority vote of
the Directors. The additional amount so budgeted shall be assessed to each Unit in the same manner as
assessments for the annual budget and shall be prorated among the remaining installments due and payable
in such year. Notwithstanding the above, Declarant shall not pay any assessments for Units it owns until
such time as an occupancy permit is received for that l lnit, it being the intention that the Declarant shall
not pay assessments for any Unit until construction of the l Init is completed.
3. Assessments for Comnxon Expenses for emergencies and extraordinary expenditures,
which cannot be paid from the annual assessments for Common Expenses and maintenance funds shall be
made only after notice of the need thereof to the Owners. After such notice and upon approval in writing
by persons entitled to cast more than one-half (1/2) of the votes in the Condominium Regime, the
assessments shall become effective, and shall be due in such manner as the Board of Directors may require
after thirt% (3 0) days' notice thereof. In the event any expenditure for repair or replacement of any Unit or
Common Elements cannot be paid from annual assessments but can be at least ninety percent (90%) paid
from insurance proceeds therefor, such expenditures may be made upon approval of the Board of Directors
without approval of the members and an amended budget and assessment may be made therefor if
necessary.
4. The Board of Directors may assess against any Unit, and the Owner thereof shall be liable
for. any judgment obtained against the Owner by the Association, including the Association's reasonable
attorneys fees. Such assessment shall be due and payable from the Owner in twelve (12) equal installments,
each installment being due and payable the first day of each calendar month. Notice of said assessment
shall be given to the Owner by the Association at least thirty (30) days prior to the due date of the first
installment.
5. The Board of Directors may assess against any Unit, and the Owner thereof shall be liable
for, any fine levied by the Board of Directors for a violation of the Rules and Regulations.
6. If an Owner shall be in default of an installment payment upon an assessment, the Board
of Directors may accelerate the remaining installments of the assessment upon notice thereof to such
Owner, and thereupon the unpaid balance of the assessment shall become due upon the date stated in the
notice, but not less than ten (10) days after delivery thereof to such Owner either personally or by registered
or certified mail. Interest shall be computed and due on balances due under this paragraph but unpaid on
such due date at the maximum rate of interest allowable by law from the date such balance becomes due
and payable in accordance with the preceding sentence; such interest shall be in addition to any other
payments for which said owner is liable.
7. The holder of a mortgage on any Unit, upon its filing written request with the Association,
shall be given written notice by the Association of the nonperformance of a mortgagor's obligations under
these Bylaws, the Declaration or other Condominium Documents, which is not cured within thirty (30)
days.
8. All sums assessed but unpaid, including but not limited to, interest, with respect to a Unit
or against an Owner shall constitute a lien on such Unit prior to till other liens except.
(a) Tax liens on the unit in favor of any assessing Unit and special district; and
(b) All sums unpaid on the first mortgage of record.
Said lien may be foreclosed by the Association in the manner and with the consequences provided
in the Act, in which event the Owner shall be required to pay a reasonable rental for the Unit. In the event
Exhibit D
4830-3307-8227
the Association forecloses on any lien, the Owner or Owners of such Unit, by their membership in this
Association, specifically waive any rights to delay or prevent foreclosure which he, she or they may have
against the Association by reason of any homestead exemption provided for under law. The Association
may sue for money judgment for unpaid assessments and interest or sums due without foreclosing or
Nvaiying any lien which it holds.
9. if a mortgagee or purchaser of a i Init obtains title as a result of foreclosure of a first
mortgage, neither such moogagee nor purchaser nor their successors or assigns, shall be liable for the
assessments chargeable to such 1. Init due prior to the acquisition of title, and such unpaid assessments shall
thereafter be deemed to be Common l;xpenses collectible from all Owners including the mortgagee or
purchaser. and their successors and assigns. The Owner of a Unit pursuant to a voluntary conveyance or by
inheritance or devise shall be jointly and severally liable with the grantor or prior Owner for all unpaid
assessments against the grantor or prior Owner, but without prejudice to the rights of such grantee or devisee
to recover frim the cranror the amounts paid therefor. The grantee or other successor in interest of an
individual subject to`a le%- of an assessment on account of default shall be liable for any such special
assessment.
10. The depository of the Association shall be such bank or banks as shall be designated from
time to time bN the Directors and in which the moneys of the Association shall be deposited. Withdrawal
of moneys from the accounts shall only be by checks signed by such persons as are authorized by the
Directors.
11. An audit of the accounts of the Association may be made annually by a certified public
accountant and if such audit is made a copy of the report shall be furnished to each member not later than
sib (60) days after the close of the fiscal year for which the report is made.
VIL MMENDMENT.
1. These Bylaws may be amended, altered, repealed or new Bylaws adopted by the Members
at a regular or special meeting of the Members upon the affirmative vote of sixty-seven percent (67%) of
al l % otes entitled to be cast.
2. No amendment may be adopted at either a special or regular membership meeting not
included in the notice thereof, except if notice of the proposed amendment has been given, an amendment
relative to the same subject may be adopted by those present, in person or by proxy and possession of the
requisite percentage of membership and voting interests; provided further, no vote by proxy may be counted
unless the proxy expressly provides for such contingency. Notice referred to herein shall be given in the
manner prescribed in Section 11.3 and shall be given to the persons described in Section 11.4, and the holder
of any first mortgage of record which has notified the Association of its interests not more than fifty (50)
days nor less than thirty (30) days before the date such meeting will be held. More than one proposed
amendment may be included in the notice of a meeting.
3. To the extent provided by the Act, no modification or amendment to these Bylaws shall be
effective unless set forth in an amendment to the Declaration, executed and recorded in the manner set forth
in the Declaration and an amendment to these Bylaws shall constitute an amendment to the Declaration as
provided for by law. Upon such recording, said amendment shall be effective against all persons having an
interest in a Unit or the Condominium Regime regardless of whether said person had such interest at the
time said amendment was adopted.
Exhibit D
Such amended budget may he adopted at a special Directors' meeting upon an affirmative majority vote of
the Directors. The additional amount so budgeted shall be assessed to each Unit in the same manner as
assessments for the annual budget and shall he prorated among the remaining installments due and payable
in such year. Notwithstanding the above, Declarant shall not pay any assessments for Units it owns until
such time as an occupancy peniiit is received For that l Init, it being the intention that the Declarant shall
not pay assessments tier any I init until construction of the I Init is completed.
Assessments tier l'onunon I:xpcnscs liar emergencies and extraordinary expenditures,
N,.hick cannot he paid iirm the annual assessments For Common Expenses and maintenance funds shall be
made only after notice of the need thereof to the Owners. After such notice and upon approval in writing
by persons entitled to cast more than one-half (1/2) of the votes in the Condominium Regime, the
assessments shall become effective. and shall be due in such manner as the Board of Directors may require
after thirty (:0) days' notice thereof. In the event any expenditure for repair or replacement of any Unit or
Common Elements cannot be paid from annual assessments but can be at least ninety percent (90%) paid
from insurance proceeds therefor, such expenditures may be made upon approval of the Board of Directors
without approval of the members and an amended budget and assessment may be made therefor if
necessary.
4. The Board of Directors may assess against any Unit, and the Owner thereof shall be liable
for, any judgment obtained against the Owner by the Association, including the Association's reasonable
attomey's fees. Such assessment shall be due and payable from the Owner in twelve (12) equal installments,
each installment being due and payable the first day of each calendar month. Notice of said assessment
shall be given to the Owner by the Association at least thirty (30) days prior to the due date of the first
instalhnent.
5. The Board of Directors may assess against any Unit, and the Owner thereof shall be liable
for, any fine levied by the Board of Directors for a violation of the Rules and Regulations.
6. If an Owner shall be in default of an installment payment upon an assessment, the Board
of Directors may accelerate the remaining installments of the assessment upon notice thereof to such
Owner, and thereupon the unpaid balance of the assessment shall become due upon the date stated in the
notice, but not less than ten (10) days after delivery thereof to such Owner either personally or by registered
or certified mail. Interest shall be computed and due on balances due under this paragraph but unpaid on
such due date at the maximum rate of interest allowable by law from the date such balance becomes due
and payable in accordance with the preceding sentence; such interest shall be in addition to any other
payments for which said owner is liable.
7. The holder of a mortgage on any Unit, upon its filing written request with the Association,
shall be given written notice by the Association of the nonperformance of a mortgagor's obligations under
these Bylaws, the Declaration or other Condominium Documents, which is not cured within thirty (30)
days.
8. All sums assessed but unpaid, including but not limited to, interest, with respect to a Unit
or against an Owner shall constitute a lien on such Unit prior to all other liens except:
(a) Tax liens on the unit in favor of any assessing Unit and special district; and
(b) All sums unpaid on the first mortgage of record.
Said lien may be foreclosed by the Association in the manner and with the consequences provided
in the Act, in which event the Owner shall be required to pay a reasonable rental for the Unit. In the event
Exhibit D
4830-3307-8227
VIII. MISCELLANEOUS PROVISIONS.
I. The invalidity of any portion or provision of these Bylaws shall riot affect the �zdidity ()I
the remaining provisions or portions hereof. .
The Association shall not have or employ a corporate seal.
3. The Board of Directors may require fidelity bonds from all Directors, officers, or agents
handling or responsible for Association funds and the expense of such bonds shall be common expense of
the Association.
4. The Association shall promulgate such rules and regulations as it deems to be in the best
interest of all Owners within the Regime. The initial Board of Directors shall adopt the initial rules and
regulations v,-hich may be added to, amended, modified or subsequently altered by the Board of Directors.
Such Rules and Regulations, as amended, shall be binding upon all members, guests, and agents of
members. An amendment to the Rules and Regulations shall not constitute an amendment to the Declaration
and shall be valid and enforceable upon adoption without recording the same as an amendment to the
Declaration.
5. The Association shall at all times maintain separate and accurate written records of each
Unit and Owner and the address of each, and setting forth the status of all assessments, accounts and funds
pertinent to that Unit and Owner. Any person other than an Owner may rely on a certificate made from such
records by an officer or agent of the Association as to the status of all assessments and accounts.
6. Each Member shall have the obligations as such member as are imposed on him or her by
the Condominium Documents as an Owner, and no member shall have any power or authority to incur a
mechanic's lien or other lien effective against the Regime property except as the same may attach only
against his or her interest therein.
7. The Board of Directors may, in its discretion, issue written evidence of membership, but
the same shall be evidence thereof only and in no manner shall be transferable or negotiable, and the share
of the Member in the assets of the Association cannot be assigned, hypothecated, or transferred in any
manner except as appurtenant to such assignment, hypothecation or transfer of the Unit.
8. Each Owner or lessee of his or her Unit, as applicable, shall have a right to use and enjoy
the Common Elements provided that such use shall be limited to the uses permitted by the Declaration and
the Condominium Documents.
9. The Association, through its Board of Directors and officers, shall make available to all
members during ordinary business hours copies of the Declaration and an exhibits thereto, including the
Articles, Bylaw, minutes of special or annual meetings of the Association, and copies of periodic financial
statements of the Association.
10. If any Owner shall violate or attempt to violate any of the provisions of the Declaration,
Bylaws or Rules and Regulations, it shall be lawful for the Association or any other Owner to prosecute
any proceedings at law or in equity against the person or persons violating or attempting to violate any such
provisions and either prevent said person or persons from so doing or to recover damages or other remedies
for such violation. The prevailing party in such action may be allowed to recover costs, expenses and
reasonable attorney's fees from the other party. If the proceedings are prosecuted by the Association, any
judgment recovered against the Owner, including reasonable attorney's fees, may be assessed against the
Owner's Unit, as provided in Section VIA herein and may be foreclosed as provided in Section V1.7 herein.
Exhibit D
4830-3307-8227
Aaron ,fensen, e, de�.&ecretary
Exhibit D
4830-3307-8227
EXHIBIT E
RULES AND RE -111LATIONS
FOR
YELLOVI'STONE HEIGHTS CONDOMINIUMS OWNERS ASSOCIATION
1. Automobiles may he parked only in the areas provided For that purpose. and shall not be
parked on the private streets or in such a manner as to impede or prevent ready access to any entrance to or
exit from the Buildings b- another ychicle. furthermore, except as within a Parking Unit, no boats.
snowmobiles, trailers, recreational vehicles, motor homes, or semi -trailer trucks shall be parked or stored
anywhere in the parking areas or on the premises of the Condominium Regime.
2. For each Building in the Condominium Regime, the Declarant may install a satellite dish
Central Antenna System ("CAS") to serve and benefit the Owners located in the Building. Each Owner in
the Building benefited by the CAS shall use the CAS and refrain from installing an individual Antenna
within any Unit or any portion of the Compton Areas. The CAS for the Building shall be maintained by the
Association as a Limited Common Element. For purposes of this paragraph, "Antenna" shall include any
over -the -air device used for the receipt of direct broadcast satellite services; the receipt or transmission of
fixed wireless signals; the receipt of video programming services via multi -point distribution services; or
the receipt of television broadcast signals. Antenna shall also include any accompanying accessories
necessary for the proper installation thereof, including, but not limited to, masts, cabling, supports, guy-
w-ires. fastening hardware- and wiring.
3. Exterior name places and mailboxes will be installed in a manner uniform and consistent
with that of the other Units and approved by the Association.
4. Owners are reminded that alteration and repair of the Building is the responsibility of the
Association, except for the interior of the Units. No work of any kind is to be done upon the exterior building
walls or upon the interior boundary walls without first obtaining the approval of the Association. This
includes any landscaping or gardening of any nature within the General Common Elements of the
Condominium Regime.
5. No Owner shall make or permit any disturbing noises in the buildings, or do or permit
anything to be done therein which will interfere with the rights, comforts, or conveniences of other Owners.
No Owner shall play upon or suffer to be played upon any musical instrument or operate or permit to be
operated a phonograph, CD player or radio or television or other loudspeaker in such Owners' Unit betWeen
the hours of 12:00 Midnight and the following 6:00 A.M., if the same shall disturb or annoy other occupants
of the Buildings or adjacent Units.
6. Each Owner shall keep his or her Unit in a good state of presentation and cleanliness and
shall not sweep or throw or permit to be swept or thrown therefrom, or from the doors or Nvindows thereof,
any dirt or other substance. Each Owner will keep the areas immediately in front of and in back of his or
her Unit free and clear of all trash, papers and debris.
7. No animals or reptiles of any kind shall be raised, bred, or kept in any Unit or in the
Common Elements, except that a dog, cat or other household pet approved in writing by the Board of
Directors of the Association, may be kept in a Unit, provided that it is not kept, bred or maintained for any
commercial purpose; and provided further that any such pet which in the opinion of the Board of Directors
of the Association is causing or creating a nuisance shall be permanently removed from the property upon
three (3) days written notice from the Board of Directors of the Association. No Unit shall house more than
one (1) pet, except as approved by the Board of Directors. Pets may be outside only if accompanied by an
Exhibit E
4830-3307-8227
Ov-ner or lessee and shall only be allowed in areas designated for pets by the Association. Any person
N%ithin the pmiect keeping a pct shall immediately clean and remove any messes created or caused by said
pet. Further, no unleashed pets nhatsocNer shall he alloN%ed upon the Limited or General Common
Elements.
8. Ali-,- consent or approval gi%en under these Rules and Regulations may be added to,
amended or repealed at ally time by resolution of the Board of i)irectors of the Association.
No one mai use an outdoor fireplace or lire pil of any type.
10. Trash compactors or common trash receptacles are located in designated areas within the
development and are f:-ir Owners' rclirse disposal. All refuse must be placed in these areas for periodic
pickup. No refuse shall be placed in building entryways, stairwells, curbside. or any other common area not
specifically designated tier such use.
I]. Minor vehicle repairs, such as changing spark plugs, tires, and batteries will be allowed in
the Common Elements and Parking units. Tires, batteries, etc., must be promptly removed from the site
and disposed of properly. Oil Changes, muffler replacements, brake, transmission, engine and body
refinishing work %N -ill not be permitted in the Common Elements.
12. Owners shall not store any personal property in the common entryways, stairwells, or
balconies of the Building. Customary tables and chairs are permitted on balconies.
13. There shall be no smoking within any Unit or Building within the Condominium Regime.
14. A Condominium may be rented or leased by the Owner or its lessee, provided the entire
Unit is rented and the lease is in writing. The minimum lease term shall be thirty (30) days. Nightly or
weekl% rentals are prohibited. No lease shall relieve the Owner as against the Association and other Owners
from an-, responsibility or liability imposed by the Condominium Documents. All Owners who lease their
Condominiums shall promptly notify the Secretary of the Association in writing of the names of all tenants
and members of tenants' family occupying such Condominium and shall provide the Secretary of the
Association of the address and telephone number where such Owner can be reached.
15. The Association may levy a fine against any Owner for violating the Condominiiun
Documents. The procedure for levying fines shall be as follows:
a. Demand. Upon the complaint of any two Owners or upon the complaint of any two
Directors of the Association outlining an alleged violation of the Condominium Documents, an officer of
the Association shall give the alleged violator written demand to cease and desist any alleged violation. The
written demand shall specify (1) the alleged violation; (2) the action required to abate the violation; and (3)
(i) if the violation is a continuing one, a time period not less than seven days during which the violation
may be abated without further sanction, or (ii) if the violation is not a continuing one, a statement that any
further violation of the same nature may result in the imposition of a tine ager notice and a hearing.
b. Notice. Within twelve (12) months ol'such demand, if the violation continues past
the period stated in the demand for abatement without penalty, or ifthe same violation subsequently occurs,
the Board shall serve the violator with written notice of a hearing to be held by the Board. The notice shall
be served via U.S. Mail, regular delivery or by personal service. The notice shall contain the nature of the
alleged violation, the time and place of the hearing, which shall be not less than seven (7) days from the
giving of the notice, an invitation to attend the hearing and produce any statement, evidence, and witnesses
on its behalf, and the proposed fine to be imposed.
Exhibit E
4830-3307-8227
C. Hearing. The hearing shall be held in executive session pursuant to the notice
affording the violator a reasonable opportunity to be heard. Prior to the effectiveness of any fine, proof of
notice and the invitation to be heard shall be placed in the minutes of the meeting. Such proof shall be
deemed adequate if a copy of the notice together with a statement of the date and manner of delivery is
entered by the officer or Director who delivered such notice. The notice requirement shall be deemed
satisfied if a violator appears at the meeting. The minutes of the meeting shall contain a statement of the
results of the hearing and the sanction imposed, ifany. The violator shall have the right to present evidence
at the hearing (the formal rules of evidence shall not apply to the hearing) and to be represented by counsel
at his or her own expense.
d. Amount of Fine. The Board of Directors of the Association shall be authorized to
leve fines between $20 and $100 the first time a fine is levied against an Owner, unless the violation
involves the police or a threat to the safety of another person, in which case the Association shall be
authorized to levy a fine of up to and including $500. The Association shall be authorized to levy fines of
up to and including $500 for subsequent violations of the Condominium Documents made by the same
violator.
e. Payment and Lien. The violator shall have thirty (30) days from the date notice of
the fine is mailed or delivered to the violator to pay the full amount of the fine. Any unpaid amount due
from the Owner constitutes a lien against the Owner's Condominium pursuant to the Bylaws. Upon levying
the fine or at any time thereafter, the Association may record in the Polk County Recorder's Office, a Notice
of Lien Claim, notifying the public of the amount of the fine due from the Owner.
16. These Rules and Regulations may be amended, modified or altered only as provided in the
Bylaws.
These Rules and Regulations have been approved by the Board of Directors of Yellowstone Heights
Condominiums Owners Association on the day of fV� 20Z?.
YELLOWSTONE HEIGHTS CONDOMINIUMS
OWNERS ASSOCIATION
Aaron Jensen, P e 'dent & Secretary
Exhibit E
4830-3307-8227
See attached.
EXHIBIT F
BUILDING PLANS
Exhibit F
4830-3307-8227
EXHIBIT G
DESCRIPTION OF UNITS AND OWNERSHIP INTEREST
The ownership interests in the Common l;lemcnts, voting rights and unit designation of each Unit
in the Condominium Regime are as follows:
—
UNIT
— PERCENTAGE -
OWNERSHIP IN COMMON
ELEMENTS & PRO RATA VOTES IN ASSOCIATION
SHARE OF COMMON
EXPENSES
Unit 1. Building A
2.22% 1
Unit 2. Building A
2.22% 1
Unit). Building A
2.22% I
Unit 4. Building A
2.22% 1
Unit 5. Building A
2.22% 1
Unit 6. Building A
2.22% 1
Unit 1. Building B
2.22% 1
Unit 2. Building B
2.22% 1
Unit 3. Building B
2.22% 1
Unit 4. Building B
2.22% 1
%JLUL 1L9 "ujuum L
Unit 1, Building C
2.22% 1
Unit 2, Building C
2.22% 1
Unit 3. Building C
2.22% l
Unit 4. Building C
2.22% I
Unit 5, Building C
2.22% 1
Unit 6. Building C
2.22% l
Unit 7, Building C
2.22% l
Unit 8, Building C
2.22% l
Unit 9, Building C
2.22% I
Unit 10, Building C
2.22% l
Unit 11, Building C
2.22% I
Unit 12, Building C
2.22% 1
Unit 1, Building D
2.22%
Unit 2, Building D
2.22% I
Unit 3, Building D
2.22% l
Unit 4, Building D
2.22% 1
Unit 5, Building D
2.22% 1
Unit 6, Building D
2.22% 1
Unit 7, Building D
2.22% 1
Exhibit G
4830-3307-8227