HomeMy WebLinkAboutCC&Rs - 22-00882 - 7N Subdivision - 386 E 7th N - Plat OnlyDeclaration of Covenants,
Conditions and Restrictions
For
7N Apartments Subdivision
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR 7N
APARTMENTS SUBDIVISION is made and entered into as of this 5th day of January, 2023 by
7N Apartments LLC, an Idaho limited liability company.
RECITALS:
A. Declarant is the owner of certain real property in the City of Rexburg, Madison County,
State of Idaho, which the Declarant is developing into a 4-plex residential apartment
complex, with separate ownership of each 4-plex Unit.
B. The purpose of this declaration is to set forth the restrictions, covenants, limitations,
easements and conditions that, together with the city of Rexburg ordinances and
approvals of this Property, are designed to preserve the unique value of the Property,
and its desirability and attractiveness as a quality residential development.
C. The protective covenants, conditions, restrictions, reservations, easements, liens and
charges are for the benefit of Property and all owners thereof. All conveyances of the
Property or any part thereof shall be subject to this Declaration.
DECLARATION:
NOW, THEREFORE, Declarant hereby imposes upon the property the following easements,
conditions, covenants, restrictions and reservations which shall run with the Property and be
binding upon all parties now or hereafter having any right, title or interest therein or to any part
thereof, and shall inure to the benefit of each owner thereof. Notwithstanding the foregoing, no
provision of this Declaration shall be construed to prevent or limit the Declarant's right to
complete the development of the property and to construct improvements thereon.
ARTICLE 1
DEFINITIONS
1.1 The following Defined Terms shall have the specific meanings set forth below:
1.1.1 "Association" means 7N Apartments Subdivision Owners Association, including
any successor homeowners association, and shall be composed of all the owners of the
property described herein pursuant to Article 5.
1.1.2 "Common Areas" means all portions of the Project other than Lots 1-4.
1.1.3 "Common Expenses" means expenditures made by or financial liabilities of the
Association, together with any allocations to reserves, including, without limitation, (i) the cost of
inspection, maintenance, management, operation, repair replacement of the Common Areas
and all Improvements thereon, including clustered mailboxes, private streets, and those parts of
the Units, if any, which the Association has the responsibility of maintaining, repairing and
replacing; (ii) the cost of sewer, centrally metered utilities and trash removal which serve the
Units and/or the Common Areas; (iii) the cost of insurance premiums for fire, liability, workers'
compensation, errors and omissions and directors, officers and agents liability, and any other
insurance that may be required for the Association or the Project or that the Association
determines advisable to obtain, the cost of any fidelity bonds, and the cost of compensation,
wages, materials, services, supplies and other expenses required for the administration,
operation, maintenance and repair of the Project, including landscape renovation and
maintenance; (iv) the costs of rendering to the Unit Owners all services required to be rendered
by the Association under of the Project Documents; (v) such other funds as may be necessary
to provide general operating reserves and reserves for contingencies and replacements
deemed appropriate by the Association; and (vi) the cost of any other item or items incurred by
the Association, for any reason whatsoever in connection with the Project, for the common
benefit of the Unit Owners.
1.1.3 " Common Expense Assessment" means the assessment levied against the Units
pursuant to Section 6
1.1.4 "Declarant" means 7N Apartments LLC, an Idaho limited liability company, and its
successors and any person or entity to which it may transfer and Special Declarant Right.
1.1.5 "Improvement" means any physical structure, fixture or facility existing or
structured, placed, erected or installed on the land included in the Project, including, but not
limited to, playgrounds, paving, fences, walls, monument signs, gates, hedges, plants, trees and
shrubs of every type and kind.
1.1.6 "Project" means the entirety of the Property which includes all Common Areas and
Lots 1-4.
1.1.7 "Project Documents" means this Declaration, the Articles, the Bylaws and the
Rules.
1.1.8 "Property" means the approximately .77 acres of land described in Exhibit A
attached hereto, together with all Improvements located thereon, all easements and rights
appurtenant thereto and all personal property intended for use in connection therewith or for the
use, benefit or enjoyment of the Unit Owners or their tenants.
1.1.9 "Unit" means a single 4-plex residential apartment building, typically consisting of
4,480 square feet of space, located on one of the four (4) lots in the Project, which Unit is
intended to be a portion of the Project designated for separate ownership, the boundaries of
which are described Section 2.5. Each unit will include four (4) apartments that will be leased to
tenants by the Unit Owner. The four (4) Units in the Project are identified on the Plat by Lot
numbers as set forth in Exhibit B attached hereto.
1.1.10 "Unit Owner" means the record owner, whether one or more persons, of legal title
to the fee simple interest of a Unit. Unit Owner shall not include persons having an interest in
the unit merely as a tenant or lessee, or as a mortgagee or deed of trust beneficiary, or
otherwise as security for the performance of an obligation. Unit Owners shall include a
purchaser under a land sale installment contract, contract for deed, and installment land
contract or any other similar contract where the purchaser receives a deed upon payment of the
final installment on the purchase price. Unit Owner shall not include a purchaser under a
purchase and sale agreement, earnest money agreement, escrow instructions or similar
executory contracts which are intended to control the rights and obligations of the parties
pending the closing of a sale or purchase transaction.
ARTICLE 2
NATURE OF OWNERSHIP
2.1 Name of Project. The name of the Project created by this Declaration is 7N Apartment
Subdivision.
2.2 Name of Association. The name of the Association is 7N Apartments Subdivision Owners
Association.
2.3 Covenants Appurtenant To Lots. All right or interest and all obligations or restrictions of an
owner created hereunder shall be deemed appurtenant to each lot and shall not be separable
therefrom. Any conveyance or encumbrance of a lot shall also be deemed a conveyance or
encumbrance of those appurtenant rights or interest even though such rights or interests are not
expressly referred to in such conveyance or encumbrance.
2.4 Covenants To Run With The Land. This declaration and all covenants, restrictions,
limitations, easements, conditions, and uses as herein provided shall constitute covenants to
run with the land hereby submitted to the properties and shall be a burden and or a benefit to
the Declarant, its successors and assigns and to any person acquiring any interest in the above
described real property and to The Heirs, executors, administrators personal representative,
successors and assigns.
2.5 Legal Description of Units. For the purposes of conveying, mortgaging, or otherwise
affecting title, any Unit may be legally described by its Lot identifying number as shown on the
Plat. Such legal description shall be construed to describe the Unit and the appurtenant
undivided interest in the Common Areas and to incorporate all the rights and limitations incident
to the ownership of a Unit in the Project. Such legal description shall be substantially as follows:
Lot , 7N Apartment Subdivision, an addition to the City of Rexburg, Madison County,
State of Idaho, according to the official plat thereof recorded in the Office of the Madison County
Recorder as Instrument NO. on January 7, 2023, SUBJECT TO the Declaration of
Covenants, Conditions, and Restrictions for 7N Apartments Subdivision, recorded in the Office
of the Madison County Recorder as Instrument No. TOGETHER WITH a right and
easement of use and enjoyment in and to the Common Areas described, and as provided for, in
said Declaration.
2.6 Allocation of Common Areas. Each Unit shall have an undivided twenty-five percent (25%)
interest in the Common Areas.
ARTICLE 3
EASEMENTS
3.1 Utility Easement. There is hereby created an easement upon, across, over and under the
Common Areas for reasonable ingress, egress, installation, replacement, repair or
maintenance of all utilities, including, but not limited to, gas, water, sewer, telephone, cable
television and electricity. By virtue of this easement, it shall be expressly permissible for the
provided utility company to erect and maintain the necessary equipment on the Common Areas,
but no sewers, electrical lines, water lines, or other utility or service lines maybe installed or
located on the Common Areas except as initially designed, approved and constructed by the
Declarant or as approved by the Association. This easement shall in no way affect any other
recorded easements on the Common Areas.
3.2 Easements for Ingress and Egress. There are hereby created easements for ingress and
egress for pedestrian traffic over, through and across the sidewalks, paths, walks, streets,
roadways and lanes that from time to time may exist upon the common areas. There is also
created an easement for ingress and egress for pedestrian and vehicular traffic over, through
and across such streets, roadways, lanes, driveways and parking areas as from time to time
may be paved and intended for such purposes except that such an easement shall not extend
to any limited common areas. Such easements shall run in favor of and be for the benefit of the
Unit Owners and occupants of the Units and their guests, families, tenants and invitees and in
favor of and for the benefit of the Declarant and its guests, affiliates, tenants and invitees.
3.3 Unit Owners' Easements of En"oyment.
3.3.1 Every Unit Owner shall have a right and easement of enjoyment in and to the
Common Areas, which right and easement shall be appurtenant to and shall pass with the tile to
every Unit.
3.3.2 If a Unit is leased or rented, the lessee and occupants of the Unit shall have the
right to use the Common Areas during the term of the lease, and the Unit Owner shall have no
right to use the Common Areas (other than the right of a Unit Owner to use the streets which
are part of the Common Areas for ingress and egress to the Unit Owner's Unit) until the
termination or expiration of the lease.
3.3.3 A Unit Owner's right and easement of enjoyment in and to the Common Areas
shall not be conveyed, transferred, alienated or encumbered separate and apart from a Unit.
Such right and easement of enjoyment in and to the Common Areas shall be deemed to be
conveyed, transferred, alienated or encumbered upon the sale of any Unit, notwithstanding that
the description in the instrument of conveyance, transfer, alienation or encumbrance may not
refer to such right and easement.
3.4 Easement in Favor of the Association.
3.4.1 The Common Areas shall be subject to an easement in favor of the
Association and the agents, employees and independent contractors of the Association for the
purpose of the inspection, maintenance, repair and replacement of the Common Areas and for
the purpose exercising all rights of the Association and discharging all obligations of the
Association.
3.4.2 Each Unit shall be subject to an easement in favor of the Association and
the agents, employees and contractors of the Association for the purpose of performing such
pest control activities as the Association may deem necessary to control or prevent the
infestation of the Project by insects, rodents, or other pests or to eradicate insects, rodents or
other pests from the Project.
ARTICLE 4
USE AND OCCUPANCY RESTRICTIONS
4.1 Residential Use. All units and all apartments within the Units shall be used, and improved,
and devoted exclusively to residential use. No more than two (2) unrelated persons may use
any apartment within a Unit for living accommodations at any time. No trade or business may
be conducted from any apartment within the Unit, except that a Unit Owner or lessee of an
apartment within a Unit may conduct a business activity within a Unit so long as: (i) the
existence or operation of the business activity is not aparent or detectable by sight, sound or
smell from the outside of the Unit; (ii) the business activity conforms to all applicable zoning
ordinances or requirements for the Project; (iii) the business activity does not involve the
door-to-door solicitation of Unit Owners or other residents in the project; (iv) the use of the Unit
for trade or business shall in no way destroy or be incompatible with the residenctial of
character of the Unit or the surrounding neighborhood; (v) the trade or business shall be
conducted only inside the Unit and shall not involve the viewing, purchase or taking delivery of
goods or merchandise at to, from or in any Unit; (vi) no more than 20% of the total floor area of
any apartment within the Unit shall be used for trade or business; (vii) no space within any unit
may be used as a storage facility for a business conducted elsewhere; (viii) the volume of
vehicular orpedestrian traffic or parking generated by such trade or business shall not result in
congestion or be in excess of what is customary in a residential neighborhood; (ix) a trade or
business shall not utilize flammable liquid or hazardous materials in quantities no customary to
a residential use; and (x) a trade or business shall not utilize large vehicles not customary to a
residential use. The terms" business" and "trade" as used in this Section shall be construed to
have ordinary, generally accepted meanings, and shall include, without limitation, any
occupation, work or activity undertaken on an ongoing basis which involves the provision of
goods or services to persons other than the provider's family and for which the provider receives
a fee, compensation or other form of consideration, regardless of whether: (a) such activity is
engaged in full or part time: (b) such activity is intended to or does generate a profit; or `c' a
license is required for such activity. The leasing of a Unit by its Unit Owner shall not be
considered a trade or business within the meaning of the Section.
4.2 MAINTENANCE. It is the intent of the Declarant that the common areas shall be maintained
by the Association. No addition, alteration, or change in the exterior decoration shall be done,
except in the conformity to the exterior decorating scheme adopted and approved by the
Association, which decorating scheme shall be consistent for all lots.lt will remain the duty of the
owner to maintain the structural integrity and weather ability of any improvement on his/her lot.
4.3 Other than four-plex units constructed in conformity with other buildings on the property, no
structure of any kind, including without limitation buildings and fences, shall be placed on any lot
without the approval of the Association.
4.4 No lot shall be subdivided.
4.5 All structures on each lot shall be fully insured at all times by a recognized and substantial
insurance company for the replacement value for all risks insurable in the Rexburg Idaho area.
Any damage or destruction to structures on the lot shall be properly restored by the owner to its
original design and dimensions to conform to the buildings existing on the other lots or as
otherwise approved by the Association.
4.6 No outside television or radio serial antenna TV or satellite shall be mounted on the exterior
of any structure on the lots.
ARTICLE 5
HOMEOWNER'S ASSOCIATION
5.1 ASSOCIATION CREATED. By this declaration, the Declarant declares the existence of the
7N Apartments Subdivision Owners Association. The purposes and powers of the association
shall be all the purposes and powers set forth in this declaration. The Association shall perform
the duties and enforce the covenants and restrictions set forth in this Declaration.
5.2 NAME. The name of this Association shall be 7N Apartments Subdivision Owners
Association.
5.3 PURPOSE. The purpose of the Association shall be:
5.3.1 To care for the improvements and maintenance of the property and maintain the common
areas of the development.
5.3.2 To aid and cooperate with the Owners in the enforcement of all conditions, covenants, and
restrictions on or appurtenant to their property.
5.3.3 Exercise any and all power that may be delegated to it from time to time by the Owners
pursuant to the provisions hereof.
5.3.4 The Association shall not engage in politics or pursue any political purpose.
5.4 MEMBERSHIP. Every owner shall be a member of the association. If title to a lot is held by
more than one person, the membership related to such lot shall be shared by all such persons
in the same proportionate interests and by the same type of tenancy in which title to the lot is
held. However there shall be only one vote per lot irrespective of the number of Owners actually
owning a lot. Each membership in the Association shall be appurtenant to the lot upon which it
is based and shall be transferred automatically by conveyance of the lot. No person or entity
other than an owner may be a member of the Association, provided, however, that the right of
the membership may be assigned to a mortgagee as further security for a loan secured by a lien
on a lot. The vote of a majority of members of the Association shall decide any question of
business brought before such meeting unless the question is one upon which this declaration
requires a different vote, in which case such express provisions shall govern. All votes may be
cast either in person or by proxy. All proxies shall be in writing, and shall be delivered to the
secretary at least five (5) days prior to the scheduled meeting.
5.5 ADMINISTRATION. The Owners covenant and agree that the Association's administration
of the property, including enforcement of covenants and restrictions thereon, shall be in
accordance with the provisions of this declaration.
5.5.1 PLACE OF MEETINGS. The Association shall meet periodically at such time and place
within the County of Madison, State of Idaho, as the President, Vice -President, or
Secretary -Treasurer of the Association may specify in a written notice given to the members of
the Association at least twenty-one (21) days prior to such meeting. Meetings of the Association
shall take place at least annually, in addition, the President, Vice -President and Secretary shall
be required to call a meeting upon the written consent of at least thirty percent 30% of the
members of The Association.
5.5.2 NOTICES. Any notice permitted or required to be delivered as provided herein may be
delivered either personally or by mail. If delivery is by mail it should be deemed to have been
delivered 72 hours after a copy of the same has been deposited in the United States mail
postage prepaid, to the address of each owner at the address given by such person to the
Association for the purpose of services of such notice, or to the lot address of such person if no
other address has been given. Such addresses may be changed from time to time by notice, in
writing, to the Association.
5.5.3 WAIVER OF NOTICE. Any Owner may at any time waive any notice required to be given
under this declaration, or by statute or otherwise. The presence of an Owner in person at any
meeting of the Association shall be deemed a waiver of notice of the time and place of such
meeting.
5.5.4 OBLIGATION TO COMPLY HEREWITH. All Owners shall comply with all provisions of this
declaration and administrative rules, determinations and regulations adopted by the Association
in accordance with this declaration, and shall require such compliance from their children,
tenants, guests, employees, and any other person who they invite to the property. All
agreements, decisions and determinations lawfully made by the Association in accordance with
the terms hereof shall be deemed to be binding on all Owners and shall inure to their benefit.
Each Owner, any group of Owners, or the Association shall have standing, unless otherwise
provided, to enforce by any legal means including suit for specific performance, injunctive of
relief or damages, the provisions of this declaration and duly adopted rules, determinations and
regulations of the Association.
5.6 OFFICERS
5.6.1 DESIGNATION OF ELECTION. The principal officers of the Association shall be a
President, a Vice -President, and a Secretary -Treasurer, all of whom shall be elected by the
Association.
5.6.2 REMOVAL OF OFFICERS AND AGENTS. All officers and agents shall be subject to
removal with or without cause at any time by the vote of a majority of the members of the
Association.
5.6.3 PRESIDENT. The president shall be the chief executive of the Association, and shall
exercise general supervision over the Association's property and affairs. The President may
also function as a managing agent of the property. The President shall sign on behalf of the
Association all contracts relating to the property, and shall do and perform all things incident to
the office which the Association requires of him/her. He/she shall preside at all meetings of the
association. He/she shall have all the general powers and duties which are normally vested in
the Office of the President of a corporation including but not limited to, the power to appoint
committees from among the members from time to time as he/she may, in his/her discretion,
decide appropriate to assist the Association.
5.6.4 VICE-PRESIDENT. The vice president shall take the place of the President and perform
his/her duties whenever the President shall be absent or unable to act. If neither the President
nor the Vice -President is able to act, the Association shall appoint some other member thereof
to do so on an interim basis. The Vice -President shall also perform such other duties incident to
the officer as shall from time to time be directed by the Association.
5.6.5 SECRETARY -TREASURER. The Secretary -Treasurer shall keep the minutes of all
meetings of the Association, have charge of the books and papers of the association, and shall
in general perform all the duties incident to the office of the Secretary -Treasurer. The
Secretary -Treasurer shall have responsibility for the funds and securities of the Association and
shall be responsible for keeping full and accurate account of all receipts and all disbursements
in books belonging to the Association. The Secretary -Treasurer shall be responsible for the
deposit of all monies and all other valuable effects in the name, and for the credit of, the
Association in such depositories as may be from time to time designated by the Association.
5.6.6 COMPENSATION. Reasonable compensation may be paid to the officers for their
services, as the Association shall determine from time to time.
5.6.7 SPECIFIC DUTIES OF OFFICERS. The President shall have the obligation to employ
personnel necessary for the operation, repair and maintenance of the property, to employ
necessary legal and accounting services, and to purchase materials and supplies therefore. The
Secretary -Treasurer shall be authorized to pay expenditures once such expenditures have been
approved in the annual budget. Once officers are elected, all payment vouchers shall be
approved by the President. Upon ten (10) days notice to the Secretary -Treasurer, and upon
payment of reasonable fee thereof, the Secretary -Treasurer shall furnish to any owner a
statement of his/her account setting for the amount of any unpaid assessments or other charges
due or owing from such Owner. It shall be the duty of the Secretary -Treasurer to bill, collect and
provide a receipt for the collection of all monthly assessments ($440). The President shall have
the affirmative obligation to enforce all provisions of this declaration and shall retain the services
of an attorney when necessary to do so. The President shall have the authority and duty to
designate a contractor to remove snow, beautify, landscape, decorate and repair the property in
accordance with the terms hereof.
5.7 ACCOUNTING
5.7.1 BOOKS AND ACCOUNTS. The books and accounts of the Association shall be kept
under the direction of the Secretary -Treasurer and in accordance with reasonable standards of
accounting procedures.
5.7.2 REPORT. At the close of each accounting year, the books and records of the Association
Shall be reviewed by a person or firm approved by the Association. Report of such review shall
be prepared and submitted to the owners at or before the annual meeting of the Association and
shall be available at the principal office of the Association for inspection at reasonable times by
any Owner; provided, however, that an audit by a certified public accountant approved by the
Association shall be made if a majority of the owners so request.
5.8 CONTRACTING OF ADMINISTRATIVE DUTIES. The Association may, at its option, enter
into an agreement with a professional management entity, for a period not exceeding three (3)
years for the performance of administrative duties of the Association; provided, however, that
any such agreement must be approved by vote of a majority of the members of the Association.
5.9 LENDERS RIGHT TO MANAGEMENT INFORMATION. Any lender or its assigns shall be
entitled upon request to:
5.9.1 Inspect the books and records of the Association at the office of the Association during
normal business hours.
5.9.2 Receive written notice of all meetings of the Association and be permitted to designate a
representative to attend all such meetings.
5.10 INCORPORATION. The Association may incorporate upon the vote of a majority of the
members of the Association.
ARTICLE 6
COMMON EXPENSES
6.1 MONTHLY ASSESSMENT. Each Owner shall pay to the Association his/her monthly
assessment at the monthly rate of $440 per lot.
6.2 ANNUAL BUDGET. The President shall prepare an annual budget which shall include
anticipated management, operating, maintenance, repair and other, expenses for the
Association's next fiscal calendar year and may include among other things, insurance, common
lighting, landscaping and care of grounds, repairs, renovations, charges, legal and accounting
fees, management fees, expenses and liabilities incurred or to be incurred by the Association,
and the creation of a reasonable contingency or other reserve or surplus fund as determined by
the Association.
6.3 PRESENTED TO OWNERS. The annual budget shall be presented to the Association no
less than one (1) month before the commencement of the budgeted year and unless
disapproved at such meeting by a vote of a majority of all the owners present shall become the
annual budget for the following fiscal year.
6.4 HOW ASSESSED TO OWNERS AND PAID. In addition to the monthly assessment
discussed in section 6.1 above, all portions of the annual budget shall be assessed to the
Owners in proportion of the lots owned by each. The assessment as thus determined and
prorated to the Owners shall be payable by Owners in twelve (12) equal installments with the
first installment due on the first day of the budgeted year and succeeding installments due in
one month intervals thereafter or at such greater intervals as the Association may direct. The
Owners shall pay the assessments when due without any deduction on account of any set off or
claim which the Owner may claim against the Association.
6.5 INTEREST AND COSTS OF COLLECTION. Each periodic installment of assessment shall
bear interest from the due date, at the rate of twelve percent (12%) per annum if not paid within
fifteen (15) days after the due date. All costs of collection of assessments, including reasonable
attorney's fees, costs of suit and costs of establishing a lien or foreclosure shall also become a
debt of the Owners at the time such costs are incurred.
6.6 LIEN AGAINST LOT. The amount of any such assessments or other extraordinary
assessments together with the cost of collection shall be secured by a lien upon the lot and any
improvements thereon, which lien shall be effective upon recording of a notice of assessment
with the Madison County Recorder's Office by a duly authorized officer of the Association. The
notice of assessment shall include the amount of the monthly and annual assessments, the
amount of any unpaid assessments, all incurred or anticipated collection costs, a description of
the lot, and the name of the recorded Owner thereof. Such notice shall be signed by a duly
authorized officer of the Association and may be filed at any time after delinquency in payment.
If any assessment or installment is not paid within three (3) months of the due date, such lien
may be foreclosed in like manner as a mortgage upon real property.
6.7 CAPITAL IMPROVEMENTS. Notwithstanding anything to the contrary herein, in no event
shall the aggregate assessments under this article 6 exceed $10,000 per year without the
approval of at least 66 and 2/3 percent (662/3%) of the members of the Association.
6.8 NO ABANDONMENT. No Owner may exempt himself from liability for his contribution
toward the expense of the Association by waiver of the use or enjoyment of any of the
properties or by the abandonment of his/her lot.
6.9 RESERVE FUND UPON TRANSFER. If an Owner transfers his lot to another, his interest in
all funds of the Association including any reserve fund shall be deemed to also have been
transferred to the new Owner as an appurtenance to the transferred lot.
6.10 GRANTEE LIABLE. The grantee of a lot shall be jointly and severally liable with the
grantor for all unpaid assessments owned by the grantor at the time of the conveyance, be such
liability shall be without prejudice to the grantee's rights to recover from the grantor the amounts
paid by the grantee therefore.
6.11 STATEMENT OF ASSESSMENT. Upon payment of a reasonable fee and upon written
request by any Owner, mortgagee, prospective mortgagee or prospective purchaser of a lot, the
Association shall issue a written statement setting forth (i) the amount of any unpaid
assessments, if any, with respect to such lot, (ii) the current assessments and the date that such
assessments become due, and (iii) Any credit for advance payments or prepaid items, including
but not limited to, an Owner's share of prepaid insurance premiums, which written statement
shall be conclusive and binding upon the Association in favor of persons who rely thereon in
good faith. Unless the request for such a written statement shall be made within ten (10) days
following the due date of an assessment, all unpaid assessments which become due prior to the
date of such request shall be subordinate to the lien if any, held by the person making the
request. Any mortgagee may pay any amount shown as due on such statement and upon such
payment such mortgagee shall have a lien on such lot for the amount paid on the same rank as
the lien of his existing encumbrance.
6.12 ASSIGNMENTS OF RENTS. If any Owner showed default for a period of one (1) month in
the payment of any assessments, the Association may at its option, and for so long as such
default shall continue, demand and receive from any tenant occupying the lot or any building
thereon, any portion of the rent due or becoming due, and to extent such rent is paid to the
Association such tenant shall be discharged of liability to the Owner.
ARTICLE 7
USE OF THE PROJECT
7.1 OWNER'S OBLIGATION TO MAINTAIN AND REPAIR. Each Owner at his/her expense
shall keep the lot and any improvements thereon in good order, condition, and repair and in a
clean and sanitary condition. Each Owner shall repair all damage to his/her lot and any
improvements thereon with a quality and kind similar to the original work.
7.2 TAXATION. Each lot is subject to a separate assessment and taxation by each taxing
authority. Any taxes levied against common areas shall be paid by the Association, and shared
equally by the Owners as set forth in the annual budget.
7.3 NO NUISANCE. No use or practice shall be permitted which is a source of annoyance or
which interferes with the peaceful possession and use of the property by other Owners or their
tenants. No immoral, improper, offensive, or unlawful use shall be made of any part of the
property.
7.4 7N APARTMENTS LLC'S USE OF THE PROJECT. Until 7N Apartments Ilc, has completed
and sold all of the lots, the Owners and the Association shall not unreasonably interfere with the
sale of the lots. 7N Apartments Ilc may make such use of its unsold lots as may facilitate such
completion and sale including by not limited to the maintenance of a sales office, showing of the
project, display of signs and access for the construction of additional phases.
7.5 LEASING OF LOTS. The Owners of the respective lots shall have the absolute right to
lease the lots and any improvements thereon. However, each lease is subject to the covenants
and conditions of this declaration and any rules and regulations made by the Association in
accordance with the terms hereof. No lease shall be shorter term than two (2) days.
7.6 TEMPORARY STRUCTURES. No structure of a temporary character, trailer, basement,
shack, garage, barn or other out -building shall be used on any lot at any time as a residence
whether temporarily or permanently.
7.7 ANIMALS. No lot or portion thereof shall be used for the keeping or pasturing of animals of
any kind. No pet or any other animal is allowed in the buildings or anywhere on the premises.
7.8 WATER AND SEWAGE. No individual water supply system or individual sewage disposal
system shall be permitted on any lot.
7.9 GARBAGE AND RUBBISH DISPOSAL. No lot or parcel included within these properties
shall be used or maintained as a dumping ground for rubbish. Trash, garbage, and other waste
materials shall be deposited only in sanitary containers meeting the requirement of the
sanitation ordinances of the County of Madison, State of Idaho, and the regulations of the State
of Idaho Health Authorities. No machinery, appliances, or unsightly materials will be used or
stored in or around any lot.
7.10 APPEARANCE. No lot or parcel shall be neglected or permitted to fall into an unsightly,
displeasing, or unattractive state, or permitted to be overgrown with weeds or strewn with
rubbish. The Association shall have the power and shall be authorized in its discretion and at
the request of any other Owners to remove rubbish, garbage, overgrown weeds or such other
unsightliness without responsibility or liability, and at the expense of the failing or neglecting
Owners. No odors shall be permitted to arise therefrom so as to render any such lot unsanitary,
unsightly, offensive, or detrimental to any other lot, and no nuisance shall be permitted to exist
or operate upon any lot so as to be offensive or detrimental to any other lot. No cars in
non -operational condition, whether registered or unregistered, shall be allowed to be parked in
the common area parking or on any lot.
ARTICLE 8
EFFECTIVE DATE
8 EFFECTIVE DATE. This declaration shall take effect upon recording.
ARTICLE IX - AMENDMENTS
9 AMENDMENTS. This declaration may be amended upon the affirmative vote of sixty-six and
% percent (66 2/3%) of the members of the Association, which amendment shall be effective
upon recording thereof with the Madison County Recorder's Office.
IN WITNESS WHEREOF, the undersigned has executed this document as of the day and year
first above written.
7N Apartments, Ilc
STATE OF IDAHO )
)SS.
County of Madison )
On this day of , 2023, before me the undersigned, a Notary Public in and for the
said State, personally appeared James P. Hirrlinger known or identified to me to be the manager
of 7N Apartments LLC that executed the within instrument and acknowledged to me that such
company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
NOTARY PUBLIC for Idaho
Residing at
My Commission Expires