HomeMy WebLinkAboutCC&Rs 4.22.22 - 22-00260 - Covey Apartments - Stegelmeir Ln - PUD in MDR1Declaration of Protective Covenants for Covey Apartments
Date
This declaration is dated _________________ and is effective upon its recording in the Madison County Recorder's Office, Idaho.
Declarants
This declaration is made by Mac Brothers Holdings LLC, an Idaho limited liability company, Barques LLC, an Idaho limited liability company, Temple View Property LLC, an Idaho limited
liability company. and ____________________(Declarants).
Legal description of Project
Declarants are the owners of the real property described on Attachment A. (Property)
Land Uses and Building Type
All lots located on the Property shall be used for residential, recreation and residential support only.
Easements
Easements for installation and maintenance of utilities such as electric power, telephone lines, gas lines, water lines, sewer lines, drainage facilities and future streets are reserved
as shown on the record plat. Within these easements, no structures shall be placed or permitted to remain which damage or interfere with installation and maintenance of utilities, or
which may change the direction of flow drainage channels in the easement The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the
lot, except for those improvements for which a public authority or utility company is responsible.
Nuisances
No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon, which may be or may become an annoyance or nuisance to the neighborhood or detract
from its values.
Garbage and Refuse Disposal
No rubbish, trash, garbage, or other wastes shall be dumped on any lot. All such wastes shall be kept in clean, sanitary containers.
Landscaping
Landscaping of the exterior of the dwelling shall be done in a manner compatible with other landscaping in the subdivision. Landscaping of lots shall be completed within one year of
home occupancy.
Covey Homeowners Association
There is hereby created the Covey Apartment Homeowners Association (Association) which is created to own, manage and care for any common areas that exist or may be designated in the
future, and to care for and manage any special features and improvements such as trees, fences, waterfalls, if any, as may be designated by a majority of the members of the Association.
Each lot owner in the Covey Apartments subdivision shell be a member of the Association and each lot shall be entitled to one vote per dwelling unit. The organization and authority
of the Association will be established and set forth in articles of incorporation or articles of organization adopted and agreed upon by a majority of lot owners. Officers and directors
of the Association shall have the power to enforce any and all of the conditions, covenants and restrictions set forth herein and shall have the power to levy assessments on the owners
of all lots within the Covey Apartment development. Such articles shall contain provisions requiring each lot to be liable for its percentage of assessments levied for the ownership,
management and care of common areas, and designated improvements above described. Assessments shall be determined by the association based on funds needed to maintain common areas.
The total assessment shall be divided by the total number of dwelling units to determine a per-unit assessment. Each lot owner shall be responsible for the per-unit assessment times
the number of units on their lot.
Enforcement
Enforcement of the covenants, duties, or liens contained in these Covenants may be made by the officers or directors of the Association. All costs and expenses thereof, including attorney
fees, shall be paid by the defaulting party whether such is incurred by the filing of suit or otherwise. The actions, non-actions or negligence of the members of the Architectural Control
Committee or the officers and directors of the Association shall not be actionable under any circumstances.
Amendment
These covenants may be amended by a 2/3 majority vote of the lot owners. Each lot shall be entitled to one vote per dwelling unit.
Date_______________________
Mac Brothers Holdings LLC
By_________________________
By_________________________
Temple View Property LLC
By_________________________
By_________________________
Barques LLC
By_________________________
By_________________________