HomeMy WebLinkAboutADARA at Teton Lakes CC&R's
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DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
ADARA AT TETON LAKES
CITY OF REXBURG
MADISON COUNTY, IDAHO
This Declaration of Covenants, Conditions, and Restrictions regulating and controlling
the use and development of certain real property as hereinafter described is made to be
effective as of the ____ day of ______________, 2024 ("Declaration"), by RFW Properties,
LLC, an Idaho Limited Liability Company, hereinafter referred to as "Declarant", the Owner of
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 in Block 1 and Lots 1, 2, 3, 4,
5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 in Block 2 and Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10,
11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26 and 27 in Block 3 and Lots 1, 2, 3,
4, 5, 6, 7, 8, 9, 10 and 11 in Block 4 and Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16,
17, 18, 19, 20, 21, 22 and 23 in Block 5 and Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15,
16, 17, 18, 19, 20, 21, 22, 23, 24 and 25 in Block 6 and Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,
13 and 14 in Block 7 and Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 in Block 8 and
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 and 19 in Block 9 and Lots 1, 2
and 3 in Block 10 within the Adara at Teton Lakes subdivision, in accordance with that
subdivision plat recorded on the ______ of ___________ 2024, as instrument number
_________________ in the Madison County, Idaho, Recorder's Office.
NOW, THEREFORE, Declarant hereby declares that all of the Property (as defined below) shall
be held, sold, conveyed, encumbered, leased, used, occupied and developed subject to the
following easements, restrictions, covenants and conditions which are for the purpose of
protecting the value, enjoyment and desirability of, and which shall run with, the Property and be
binding on all parties having any right, title or interest in the Property or any part thereof, their
heirs, successors and assigns, and shall inure to the benefit of each Owner thereof.
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ARTICLE I: DEFINITIONS
Section 1. "Adara at Teton Lakes" or “Adara” shall mean and refer to the subdivision created
by the Plat, in one or more individually platted phases.
Section 2. "Architectural Review Committee" or hereinafter referred to as "ARC" shall be
defined as the committee appointed by the Association's Board of Directors whose responsibility
it shall be to review all building and construction plans as well as plans for any and all site
modifications.
Section 3. "Association" shall mean and refer to Adara Teton Lakes HOA, Inc., an Idaho
nonprofit corporation established to own and operate the Common Facilities and Amenities (as
defined below) as well as administer and enforce the terms and conditions of this Declaration
and the covenants herein, and its successors and assigns.
Section 4. "Board of Directors" or "Board" shall refer to the Board of Directors of Adara Teton
Lakes HOA, Inc.
Section 5. "Building Zone/Envelope" shall be defined as a contiguous area within each fee
simple Lot as specified herein within these covenants and is the area in which all residential
buildings and residential related structures are to be constructed on the Property.
Section 6. "Buildings and Structures" shall refer to any constructed, erected or placed
improvements upon the Property and those buildings and structures shall be subject to the
design review provisions of this Declaration.
Section 7. "Common Area" shall refer to all real property, platted as Open Space on the Plat,
which the Association owns, leases or in which it otherwise holds, or acquires in the future for
the common use and enjoyment of the Owners.
Section 8. "Common Facilities and Amenities" shall refer to any and all buildings, structures,
systems and amenities, built or to be built, that are owned by the Association and that serve the
interest of the Association.
Section 9. "Common Services" shall be defined as services incurred by the Association for
the maintenance and operation of the Property, including without limitation maintenance and
snow removal services for the Lots, maintenance and repair services for irrigation lines located
in easements and in the rights-of-ways of said roads; maintenance and repair of water features,
common irrigation systems, common area sprinkler systems, fences, screening and
landscaping, including any other services deemed necessary by the Association.
Section 10. "Declarant " shall mean and refer to RFW Properties, LLC, its successors and
assigns.
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Section 11. "Development" shall be defined as any alteration of the natural land surface, and
all buildings, structures, roadways, utilities or other site improvements placed on the land or
alterations made to accommodate the useability of a Lot (as defined below).
Section 12. "Lot” or “Lots" shall mean and refer to any lot, open space, tract or other lot of land
shown upon any recorded subdivision plat or development plat of the Property, in one or more
phases.
Section 13. "Owner" or “Lot Owner” shall mean and refer to the recorded owner, whether one
or more persons or entities, holding fee simple title to any Lot, including contract buyers and
owners of a beneficial interest but excluding those having such interest merely as security for
the performance of an obligation.
Section 14. "Plat" shall mean that subdivision plat for the Adara at Teton Lakes subdivision,
recorded in the Madison County, Idaho Recorder's Office, in one or more phases, along with
any amendments or replats thereof, and any other subdivision plats to which this Declaration
may be made applicable.
Section 15. "Principal Residence" shall mean the primary single-family residential structure,
constructed on any Lot of the Property, which is the principal use of such Lot, and to which the
other authorized structures on such Lot are accessory.
Section 16. "Property" shall mean and refer to that certain real property within the boundaries
of the Plat (recorded in one or more phases).
Section 17. "Public Roads" shall be defined as the public roadways and public right of way
within the Property, which provide access to individual Lots and parcels.
ARTICLE II: ASSOCIATION MEMBERSHIP and VOTING
Section 1. ASSOCIATION MEMBERSHIP. Every Owner of a Lot, which is subject to
Assessment, shall be a member of the Association. Membership shall be appurtenant to and
may not be separated from Ownership of any Lot, which is subject to Assessment.
Section 2. VOTING RIGHTS For voting purposes, the Association shall have two (2) classes of
Members as described below:
(a) Class A Members. Owners other than Declarant (for so long as Declarant is the
Class B Member) shall be known as "Class A Members". Each Class A Member
shall be entitled to cast one (1) vote for each platted Lot owned by such Class A
Member on the day of the vote. Upon termination of the Declarant’s Class B
Membership, Declarant shall become a Class A Member.
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(b) Class B Member. The Declarant shall be known as the "Class B Member" and shall
be entitled to thirty five (35) votes for each platted Lot of which Declarant is the
Owner. The Class B Member shall cease to be a voting Member in the Association
when the total cumulative votes of the Class A Members equal or exceed the total
votes of the Class B Member.
When more than one person holds an interest in any Lot, all such persons shall be members.
The vote for such Lot or Lots or parcels shall be exercised as they among themselves
determine, but in no event shall more than one vote be cast with respect to any individual
platted Lot. If more than one platted Lot is owned by an individual or group of individuals, they
will have one vote per platted Lot.
ARTICLE Ill: COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. CREATION OF THE LIEN AND PERSONAL OBLIGATION OF ASSESSMENTS.
Each Owner of any Lot, by acceptance of a deed therefore, whether or not it shall be so
expressed in such deed, is deemed to covenant to pay to the Association:
(a) Annual Assessments, or charges, which may be billed annually, semi-annually,
quarterly, or monthly as determined by the Board, and;
(b) Special Assessments, for capital improvements, such Special Assessments to be
established and collected as hereinafter provided in Section 4, and;
(c) Lot Specific Assessments, as hereinafter provided in Section 5, and;
(d) Initial Capitalization Fee, which shall be a one-time fee charged to a homebuyer
when title to a Lot is conveyed from the homebuilder to the initial homebuyer, in the
amount of three hundred dollars ($300.00).
The Annual Assessments, Special Assessments, Lot Specific Assessments, and Initial
Capitalization Fee, together with interest, costs, and reasonable attorney's fees, shall be a
charge on the Lot and shall be a continuing lien upon the Lot against which each Assessment is
made (collectively referred to hereafter as “Assessment(s)”). Each such Assessment, together
with interest costs and reasonable attorney's fees shall also be the personal obligation of the
person who was the Owner of such Lot at the time when the Assessment was due.
Section 2. PURPOSE OF ASSESSMENTS. The Assessments levied by the Association shall
be used exclusively to promote the recreation, health, safety and welfare of the residents of the
Property and for the improvement and maintenance of the Property, including without limitation
any trails, utility lines, turf maintenance on the Lots, snow removal from the driveways, lead
walks and sidewalks of the Lots, common recreational facilities and structures, common area
irrigation systems, common fencing, entry monuments, insurance premiums, landscaping, turf
mowing of the Lots, turf mowing of the common areas, common area weed control, replacement
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reserves, equipment, third party professional management fees, mailing costs, legal fees and
other related expenses incurred on behalf of the Association or authorized by the Association.
Section 3. ANNUAL ASSESSMENTS. The initial Annual Assessment will be set at two
thousand four hundred dollars ($2,400) per buildable lot per year. From and after January 1st of
the year immediately following the conveyance of the first Lot to an Owner, the annual
Assessment will be determined after the completion of an annual budget created by the
Association. The Board shall prepare an annual budget estimate for common services, turf
maintenance on the Lots, snow removal from the driveways, lead walks and sidewalks of the
Lots, maintenance of the common area and common facilities and amenities, administration of
the Association and required reserves, and fix the amount of the annual Assessment based
upon its estimate. Such Assessments may be reduced by the Board at its discretion but may not
be increased by more than 10% each year without approval of at least two-thirds (2/3) of Lot
Owners; provided, however, that should such Assessments be reduced by the Board for any
year, the foregoing limitation on increases in the Assessments for subsequent years shall be
based upon the amount of the Assessments prior to such reduction. Such annual budget shall
be prepared and approved by the Board at least thirty (30) days in advance of each annual
Assessment period.
Section 4. SPECIAL ASSESSMENTS FOR CAPITAL IMPROVEMENTS. In addition to the
annual Assessments authorized above, the Association may levy, in any Assessment year, a
Special Assessment applicable to that year only for the purpose of defraying, in whole or in part,
the cost of any construction, reconstruction, repair, or replacement of a capital improvement
upon the common assets, including fixtures and personal property related thereto, provided that
any such Special Assessment shall have the consent of 51% percent of the votes of Association
members who are voting in person or by proxy at a meeting duly called for this purpose.
Section 5. LOT SPECIFIC ASSESSMENTS. The Association shall have the power to levy Lot
Specific Assessments against a particular Lot to cover costs incurred in bringing a non-
conforming Lot into compliance with this Declaration or costs incurred as a consequence of the
conduct of the Owner or occupants of a nonconforming Lot, their agents, contractors,
employees, licensees, invitees or guests; provided, the Board shall give the nonconforming Lot
Owner thirty (30) days prior written notice to rectify any non-complying elements before levying
any Lot Specific Assessment.
Section 6. INITIAL CAPITALIZATION FEE. The Association shall have the power to levy an
Initial Capitalization Fee, which shall be a one-time fee charged to a homebuyer when each Lot
is conveyed from the homebuilder to the initial homebuyer for the purpose of capitalizing the
initial operating funds of the Association. The Initial Capitalization Fee shall be charged in the
amount of three hundred dollars ($300.00) per Lot.
Section 7. NOTICE AND QUORUM FOR ANY ACTION AUTHORIZED UNDER SECTIONS 3
AND 4. Written notice of any meeting called for the purpose of taking any action authorized
under section 3 or 4 shall be sent to all members not less than thirty (30) days nor more than
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sixty (60) days in advance of the meeting. At the first such meeting called, members, or their
representatives holding written proxies, entitled to cast fifty-one (51%) of all the votes of the
membership shall constitute a quorum. If the required quorum is not present, another meeting
shall be called subject to the same notice requirement, and the required quorum at the
subsequent meeting shall be two-fifths (2/5) of all the votes of the membership. No such
subsequent meeting shall be held more than sixty (60) days following the preceding meeting.
Section 8. UNIFORM RATE OF ASSESSMENT. Annual Assessments, Special Assessments
and Initial Capitalization Fees must be fixed at a uniform rate for all Lots. Annual Assessments
and Special Assessments may be collected on a monthly, quarterly, or semi-annual basis as
determined by the Board.
Section 9. DATE OF COMMENCEMENT OF ANNUAL ASSESSMENTS AND DUE DATES.
The Annual Assessments provided for herein shall commence as to all Lots owned by Class A
Members on the first day of the month following the conveyance of the first Lot to a homeowner.
The Board shall operate on a calendar year basis. The Board shall fix the amount of the Annual
Assessment against each Lot at least thirty (30) days in advance of each Annual Assessment
period and written notice of the Annual Assessment shall be sent to every Owner subject
thereto. The Board, upon demand by an Owner, purchaser, or mortgagee, and for a reasonable
charge, shall furnish a transfer certificate signed by a member of the Board or property
manager, setting forth whether the Assessments on a specified Lot have been paid.
Section 10. EFFECT OF NONPAYMENT OF ASSESSMENTS; REMEDIES. Any Assessment
or fee not paid within thirty (30) days after the due date therefore shall bear interest from the
due date at the rate of ten percent (10%) per annum and the Board may assess a five percent
(5%) late charge as well. The Board may suspend weekly maintenance services on the Lot until
the account is brought current. The Board may bring an action on behalf of the Association
against the Owner and any other person obligated to pay the same or upon proper notice, may
foreclose the lien against the Lot. No public record notice of the lien shall be required to perfect
its priority.
Section 11. DECLARANT'S ASSESSMENT OBLIGATIONS. For so long as Declarant owns
any Lot, Declarant shall only be responsible for any shortfall of any operating costs of the
Association after the collection of all Assessments from the Owners (excluding the Declarant).
Declarant shall not be responsible for any Assessments whatsoever on account of Declarant's
Ownership of any Lot.
ARTICLE IV: ARCHITECTURAL REVIEW COMMITTEE (ARC)
Section 1. INITIAL ARC. During the initial construction and build-out of Adara, the Declarant
shall serve as the ARC, so long as the Declarant owns a Lot within Adara. During the Initial
ARC period, the Declarant may select Owners within the community to serve as an advisory
committee to the ARC, to consider architectural review of matters outside of new construction.
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Upon completion of construction of all Lots within Adara, the Owners shall elect members of the
Architectural Review Committee.
Section 2. ARC MEETINGS, ACTIONS, COMPENSATION AND EXPENSES. The ARC shall
meet from time to time as necessary to properly perform its duties hereunder. The vote or
written consent of any two (2) members shall constitute an act by the ARC. The ARC shall keep
and maintain a record of all action taken from time to time by the ARC at such meetings or
otherwise. Unless authorized by the Association, the members of the ARC shall not receive any
compensation for services rendered.
Section 3. ARC RULES. The ARC may, from time to time, amend and repeal by unanimous
vote, rules, and regulations, to be known as "ARC Rules". A copy of the ARC Rules, as they
may from time to time be adopted, amended, or repealed, certified by any member of the ARC,
shall be available for each Lot Owner requesting the same from any member of the ARC, and
shall have the same force and effect as if they were a part of the Covenants, Conditions and
Restrictions. With approval of the Board, the ARC may record the same with the County
Recorder if deemed necessary.
Section 4. NON-WAIVER. The approval by the ARC of any plans, drawings, or specifications for
any work done or proposed, or in conjunction with any other matter requiring the approval of the
ARC under these Covenants, Conditions and Restrictions, shall not be deemed to constitute a
waiver of any right to withhold approval as to any similar plan, drawing, specification, or matter
whenever subsequently or additionally submitted for approval.
Section 5. ESTOPPEL CERTIFICATE. Within thirty (30) days of written demand delivered to the
Association by any Owner, and upon payment therewith to the Association of a reasonable fee
(from time to time to be fixed by the Association), the Association shall provide to the Owner an
estoppel certificate executed by any officer of the Association, certifying with respect to any Lot
of said Owner, that as of the date thereof either that the Association is not aware of any
violations of this Declaration or any rules and regulations associated with the Lot, and has not
received a complaint regarding the same as of the date of the certification; or if there are known
violations, or if a complaint has been received, set forth with particularity the cause or causes for
such violation or complaint. The foregoing certification shall be made with the understanding
that the Association has made no independent inspection of the Lot.
Section 6. LIABILITY. Neither the Declarant, the ARC nor any member thereof shall be liable to
the Association or to any Owner for any damage, loss or prejudice suffered or claimed on
account of (a) the approval or disapproval of any plans, drawings and specifications, whether or
not defective, (b) the construction or performance of any work, whether or not pursuant to
approved plans, drawings and specifications, or (c) the development or manner of the
development of any Lot; provided, however, that such member has, with actual knowledge
possessed, acted in good faith. Without in any way limiting the generality of the foregoing, the
Declarant, the ARC, or any member thereof, may, but is not required to, consult with, or hear
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the Association or any Owner with respect to any plans, drawings or specifications, or any other
proposal submitted to the ARC.
ARTICLE V: DESIGN STANDARDS
Section I. GENERAL STANDARDS. The following standards and restrictions are applicable to
the construction, remodeling, alteration, and exterior refinishing of any and all structures and
improvements and site preparation upon each Lot classified as a residential dwelling.
Construction, alteration, or repair of all structures and improvements on the property shall
comply with all applicable laws, codes, and standards as may be adopted by the City of
Rexburg, Madison County, the State of Idaho, or other government body having jurisdiction.
(a) Casita Dwellings. The ground floor area of the main structure, exclusive of open
porches, decks, garages, and carports, shall not be less than Eight Hundred Fifty
(850) square feet and include a two car garage.
(b) Cottage Dwellings. The ground floor area of the main structure, exclusive of open
porches, decks, garages, and carports, shall not be less than One Thousand Four
Hundred (1,400) square feet and include a two-car garage.
(c) Courtyard Dwellings. The ground floor area of the main structure, exclusive of open
porches, decks, garages, and carports, shall not be less than One Thousand Eight
Hundred (1,800) square feet and include a two-car garage.
(d) Secondary Dwellings. Secondary dwelling structures shall be permitted on any Lot,
shall meet the requirements as set forth by the City of Rexburg and shall compliment
the architecture, color and building material of the primary dwelling/main structure.
(e) Dwelling Lot Location. Casita, Cottage, and Courtyard dwellings may be
constructed on any buildable Lot within Adara.
Section 2. DESIGN CHARACTER.
(a) All buildings shall be of new construction and shall be constructed in character with
each of the buildings located on any Lot, specifically by using complementary
exterior building material, coloring, and roofing. All buildings will be painted or faced
in colors approved by the ARC. All buildings, regardless of size, must be approved
by the ARC.
(b) Exterior materials shall be of fiber cement, composite or vinyl siding, stucco, planed
natural wood, brick, painted brick, natural stone, composite stone or other similar
natural materials. Other siding materials are permitted subject to the review and
approval of the ARC. Roof materials shall be of a wood cedar shake or shingle,
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ceramic tile or cement tile style shake, asphalt shingles or standing seam metal.
Other roof materials may be considered by the ARC upon written request.
(c) Exterior finishes shall be all weather protective treatments. Glossy painted finishes
shall not be permitted. All approved exposed metals shall have a dull colored finish
or shall be flat color anodized or flat painted in a color acceptable to the ARC. Semi-
transparent stains may be used on exterior finishes, provided that an application and
approval is processed through the ARC.
(d) Samples of all materials and colors to be used in the exterior treatment of any
structures shall be submitted to the ARC for review and approval prior to any
commencement of construction.
Section 3. BUILDING DESIGN. The design of all buildings is subject to the following:
(a) No structures or improvements shall be constructed on the properties other than one
(1) principal residence, garage, a secondary guest house, and a storage building to
be used to house equipment or supplies. All improvements shall be of new,
permanent construction, using good quality workmanship and materials. All
structures require ARC approval prior to commencement of construction.
(b) Total number of related residential detached buildings and/or structures, exclusive of
the principal residence, shall be limited to two buildings and/or structures and to be
located within the designated building zone/envelope, unless a variance is
authorized by the ARC.
(c) No structure shall be erected, altered, placed, or permitted to remain on the property,
which shall exceed two and one-half (2 ½) stories in height. A half story entails a
dormer system for all windows contained within the roofline. The maximum building
height of any residential structure shall not exceed 30 feet. All heights shall be
measured at any cross section of the structure, from finish grade to the top plate.
(d) Accessory roofs, such as porches or shed dormers shall have a minimum pitch of
three feet in twelve feet. All primary roofs shall have a minimum pitch of six feet in
twelve feet. Any roof pitch variance must be approved by the ARC.
(e) All exterior siding, fascia, and trim shall be secured in place with non-bleeding type of
fasteners or nails. Said siding, fascia and trim shall be maintained in a manner that
does not show signs of fading, bleeding, bleaching, cupping, deteriorating, aging or
in any way diminishing the appearance of the improvements, buildings, or structures.
(f) Exposed foundations of concrete or masonry construction shall not have an exposed
surface, which exceeds a height of thirty inches (30”) above finished grade, unless
approved by the ARC.
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(g) Solar collectors may be used if specifically reviewed by the ARC. Solar collectors
may be of any construction, materials or pitch required for efficient operation, but
they shall not be placed on any structure in a manner which causes objectionable
glare to any neighboring resident. Solar collectors shall be integrated into the
structure of a residence, garage, guest house, or other accessory building. Any free
standing collectors shall be screened from the view of any common area or right of
way.
(h) Outdoor lighting shall not be unreasonably bright or cause glare on any adjacent Lot.
All exterior lights shall be downcast by design and shall radiate within a limited radius
of ground focus. LED soffit and/or roofline lighting shall be modest in color, pattern
and lumens and shall not create light pollution or nuance to neighboring Lots. All
exterior lighting plans shall be subject to the review and approval of the ARC.
(i) Mailboxes shall be uniform in both style and color, as approved by the ARC.
(j) House numbers shall be uniform in both style and color, as approved by the ARC.
Section 4. SITE DESIGN.
(a) The ARC shall approve the location, placement, and setbacks of each structure on
each lot. The minimum setbacks on any Lot shall be determined by the final plat and
the zoning requirements. The ARC encourages alternating front setbacks (in excess
of the minimum), to provide an attractive streetscape.
(b) Finish grading on all Lots shall assure drainage of surface water avoids concentrating
runoff onto adjacent Lots and offsite properties.
(c) Each principal residence shall be accompanied by an attached garage providing for a
minimum of two indoor, enclosed parking spaces. All Lot Owner’s vehicles are
strongly encouraged to be parked within the indoor garage spaces whenever
possible. All vehicles parked outside of garages must be in running condition.
(d). Approved fencing materials shall include wood, vinyl, and tubular steel (wrought iron
style). All fencing shall be of new construction and shall be constructed in character
with the buildings and other surroundings. Barbed wire, razor wire, and woven wire
fences are prohibited. Fencing shall comply with the standards adopted by the ARC
and shall not exceed height limitations, if any, imposed by the City of Rexburg. Any
fencing around the perimeter of the subdivision will not be taller than eight feet (8')
unless City regulations allow for higher fences. Any fencing adjacent to a common
area shall be an open-style view fence (picket, tubular steel, etc.) and may be
reduced to four feet (4’). Living evergreen screening is permitted adjacent to open-
style view fencing.
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(e) Electrical, natural gas and fiber utility lines have been installed underground in the
easements and in the rights-of-ways of the Public Roads. Any and all above ground
pole mounted utility lines are prohibited. Any applicable connection fees shall be
borne by the Lot Owner at the appropriate time as designated by each utility
provider.
(f) In accordance with the section below, the Association shall maintain the turf areas of
each Owner’s Lot. The Lot Owner shall maintain all non-turf areas of the Lot,
including irrigation, trees, tree beds, decretive gravel/rock, flower beds or garden
areas. Any landscaping that dies on an Owner’s Lot, including turf areas, shall be
replaced by the Lot Owner in a timely manner, during the current growing season.
ARTICLE VI: ASSOCIATION & OWNER LOT MAINTENANCE
Section 1. LOT LANDSCAPE MAINTENANCE.
(a) The Association shall hire contractors to mow the turf areas of each Owner’s Lot
during the growing season as well as apply fertilization and weed control
applications.
(b) Mowing, fertilization and weed control application frequency may be adjusted
seasonally, as determined by the Association.
(c) The Lot Owner shall maintain all non-turf areas of the Lot, including irrigation, trees,
tree beds, decretive gravel/rock, flower beds or garden areas.
(d) Any landscaping that dies on an Owner’s Lot, including turf areas, shall be replaced
by the Lot Owner in a timely manner, during the current growing season.
Section 2. SNOW REMOVAL.
(a) The Association shall hire contractors to provide snow removal on Owner’s Lots to
clear driveways, lead walks and public sidewalks. Owners shall be responsible to
remove snow from covered front and rear porches, other areas of the Lot, or
structures within the Lot. The Association is not required to clear snow from common
area trails or facilities that are closed during the winter.
(b) Sun Bird Opt-Out. Any Lot Owner, by providing written notice to the Association on
or before September 1st of each year, may opt-out of driveway snow removal
services (the “Sun Bird Opt-Out”). The Sun Bird Opt-Out will pause snow removal
from the Owner’s driveway and lead walk for that winter, however, for the benefit of
all Lot Owners, snow removal on the public sidewalk in front of each Owner’s Lot
shall be required each winter. Each year, the Association will determine a credit for
the Sun Bird Opt-Out, which credit will be applied to the Lot Owner’s Annual
Assessment for the following year.
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Section 3. ACCESS EASEMENT ACROSS LOTS. All Lot Owners hereby grant the Association
and the Association’s contractors an access easement on, over and across the Owners’ Lots, to
perform the maintenance services contemplated hereunder.
Section 4. LIABILITY. Neither the Association, the Declarant, the ARC nor any Board member
of the Association shall be liable to any Owner for any damage, loss or injury suffered or
claimed on account of the turf mowing, fertilization, weed control and/or snow removal services
performed on any Lot by the Association or its contractors; provided, however, that such
services were performed in good faith and without neglect.
ARTICLE VII: LAND USE AND RESTRICTIVE COVENANTS
Section 1. GENERAL RESTRICTIONS. The following general restrictions shall apply to all Lots
within Adara.
(a) No building, structure, sign, fence, refinishing or improvement of any kind shall be
erected, placed, or permitted to remain on any Lot, and no excavation shall
commence until the plans, specifications and exterior material samples and color
selections therefore have been approved in writing by the ARC and a building permit
has been issued. Construction alteration, or repair of structures and improvements
on any Lot shall comply with all applicable laws, codes, and standards as may be
adopted by the City of Rexburg, or other government body having jurisdiction.
(b) The sum of fifty dollars ($50.00) for each residential Lot shall be submitted, along
with the proposed building, site or alteration plans to the ARC to cover the expenses
of reviewing said plans. Said amount may be adjusted from time to time by the ARC
rules.
(c) Any approval given by the ARC shall not constitute a warranty, express or implied, of
compliance with any applicable building or safety codes or for any other purposes
other than the authority for the persons submitting the plan to apply for a permit.
Section 2. RESIDENTIAL AREA; USES; RESTRICTIONS.
(a) The long term lease (over 90 days) of any principal residence and associated
building and structures, from time to time, by the Owner thereof, is subject to all the
restrictions of the Association and provided that the use is exclusively for residential
purposes and no more than one family (including any transient guests) shall occupy
said residence. Lessors shall have full access to the Common Area facilities so long
as the Owner is current in any Assessments due. Any Owner leasing a residence
authorizes the Association (if it so chooses) to list Owner’s property on Adara’s
community website, under available properties for lease.
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(b) The short term lease (under 90 days) of any principal residence and associated
building and structures, from time to time, by the Owner thereof, is subject to all the
codes and restrictions of the City of Rexburg as well as the Association and provided
that the use is exclusively for the quiet enjoyment of the residence. Each short term
leasing period may not include more than two adult individuals per bedroom of the
primary or secondary residence. Short term lessors shall have full access to the
Common Area facilities so long as the Owner is current in any Assessments due.
Any Owner short term leasing a primary or secondary residence that has met all city
and Association requirements, authorizes the Association to list Owner’s property on
Adara’s community website, under short term leases.
(c) Each residential Lot, and any improvements from time to time located thereon, shall
be maintained by the Owner thereof in good condition and repair, and in such
manner as not to create a fire hazard, all at such Owner's sole cost and expense.
Additionally, all Lot Owners shall be required to maintain the exterior of all
improvements, buildings, structures and all non-Association maintained landscaping
in a manner acceptable to the Association.
(d) No stripped down, partially wrecked or junk motor vehicle or sizeable part thereof
shall be permitted to be parked on any road in the subdivision, or on any Lot in such
a manner as to be visible to the occupants of other Lots or visible from any open
space, trail or roadway therein.
(e) All recreational vehicles and water craft (motor homes, fifth wheels, pop ups,
campers, motor boats, sail boats, snowmobiles, skidoos, four wheelers, side by
sides, golf carts or similar craft) (the “Motorized Craft”) shall be stored completely out
of view of any common area, public street, sidewalk or trail. Long term storage of
Motorized Craft shall be within the garage or a fully screened storage pad/accessory
building that is at least fifteen feet (15’) behind the front elevation of the primary
dwelling. Motorized Craft shall be permitted in a driveway for a period of 48 hours
when loading or unloading.
(f) All trailers, mobile businesses, food trucks, semi’s, heavy equipment or other
commercial vehicles are not permitted in driveways, side yards or rear yards and
must be stored off-site or within the garage.
(g) Not more than three (3) domestic pets, such as dogs or cats, may be kept on any
Lot.
(h) All signs to be used by Lot Owners shall meet with the approval of the ARC. Political
and/or business signs are not permitted unless approved by the ARC. One (1) real
estate sign no larger than 24" x 36" will be allowed to be installed on any property for
the sale or long term lease of the Property. This requirement shall not apply to the
Declarant during the marketing and build-out of the community.
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(i) No house trailer, mobile home, tent, yurt, tepee or similar facility or temporary
structure shall be kept, placed, or maintained upon any Lot unless it is in an enclosed
structure. Tents and tepees used in conjunction with rear yard children’s activities
and temporary guest outings shall be permitted.
(j) All garbage and trash shall be placed and kept in covered containers, which shall be
respectfully maintained. Except during collection days, garbage containers shall be
stored out of site, either within garages or behind screening.
(k) There shall be no exterior fires whatsoever, except those contained within
receptacles designed for outdoor fireplaces, commercial fire pit stoves, or barbecue
fires. The burning of trash, organic matter, or miscellaneous debris shall be
prohibited (whether in the open or in trash burning receptacles). The ARC may
consider special installations for common areas or one-time events.
(l) All firewood shall be stacked and stored neatly in accordance with ARC approval.
(j) Irrigation systems installed on Lots shall support Water Wise principals and operation,
including the following:
(i) All parkways (the 9’ 6” landscaped area between the back of curb and sidewalk)
will be irrigated with a drip system.
(ii) Twenty Five percent (25%) of the pervious private Lot area will be landscaped
with xeriscape plantings and/or ground cover and irrigated with a drip system.
(iii) Turf grasses will be irrigated on separate zones from landscape beds.
(iv) All irrigation clocks will be installed outside the structure, accessible to HOA
maintenance crews and fitted with rain sensors.
(v) All above grade spray irrigation will take place between dusk and dawn during the
growing season.
ARTICLE VIII: GENERAL PROVISIONS
Section I. MAINTENANCE. No lumber, grass, shrub or tree clippings or plant waste, metals,
bulk materials, scraps, refuse or trash shall be kept, stored, or allowed to accumulate on any
Lot.
Section 2. PUBLIC ROADS & PARKWAYS. The Public Roads within Adara are owned and
maintained by the City of Rexburg. Each Lot Owner shall be responsible for an equal portion of
the landscape maintenance costs associated to maintain the parkway landscape, located within
the right-of-way directly fronting each Lot, as assessed by the Association.
Section 3. COMMON AREA MAINTENANCE. The maintenance of all common area within
Adara, including all structures and the landscaping maintenance shall be the responsibility of
the Association.
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Section 4. STREET FURNITURE. Any Street Furniture provided by the Association (including,
but not limited to lighting, benches, potted landscape, pet waste facilities, etc.) shall be placed in
Common Areas, Right of Way and/or easements. Lots immediately adjacent to such Street
Furniture (either fronting, siding, or backing) do not benefit from their exclusive use. All Street
Furniture provided in Common Areas, Right of Way and/or easements shall remain open and
available to the common access and enjoyment of all Lot Owners.
Section 5. WEAPONS. No hunting or shooting of guns shall be allowed on any Lot or area
within the subdivision, including common areas and open spaces.
Section 6. NO FURTHER DIVISION OF LOTS. Existing Lots in Adara shall not be divided into
any additional Lots. The residential Lots approved on the Final Plat(s) by the City of Rexburg
shall remain as designated on the Plat(s) unless modified by the Declarant.
Section 7. LOT CONSOLIDATION. Two or more contiguous Lots or parcels within the Final Plat
may be combined, provided notice of intention to consolidate such Lots or parcels is filed with
the ARC and approved by the Declarant. Such consolidated Lots or parcels may thereafter be
treated as one building site, and such site may be subject to these restrictions the same as a
single Lot except for the purposes of levying and collecting Assessments and voting rights.
Assessments shall continue to be charged against both originally platted lots and the Owner
shall maintain two votes within the Association. The building zone/envelope for the combined
Lots or parcels may be aggregated and combined with the approval of the ARC, subject to the
approval by the City of Rexburg.
Section 8. AMENDMENT. These covenants may be amended by written consent of two-thirds
(2/3) of the Lot Owners within Adara. The Declarant shall have one hundred (100) votes for
each unsold Lot. The Homeowners' Association shall have such amendments duly executed
and placed on record in the Office of the Madison County, Idaho, Recorder.
Section 9. ANNEXATION. Adara community will be constructed in multiple phases. At any time,
the Declarant reserves the right to annex additional property into the Association. Any annexed
property shall have equivalent covenants, conditions and restrictions recorded against the
property at the time of annexation.
Section 10. DURATION OF COVENANTS. All of the covenants, conditions and restrictions set
forth herein shall continue and remain in full force and effect at all times against the Property
and the Owners and purchasers of any portion thereof, subject to the right of amendment as set
forth in Section 11 of this Article hereof. If required by Law, these covenants shall be deemed to
remain in full force arid effect for twenty (20) year periods and shall be automatically renewed
for additional consecutive twenty (20) year periods unless a 51% majority of the Lot Owners of
the Property subject to these covenants otherwise agree in writing.
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Section 11. ENFORCEMENT. The Association shall have the right to enforce, by any
proceeding at law or in equity, all restrictions, conditions, covenant, reservations, liens, and
charges now or hereafter imposed by the provision of this Declaration. Every Owner of a Lot
within the property hereby consents to the entry of an injunction, judgment or lien against him or
her or his or her tenants or guests, to terminate and restrain any violation of these covenants or
for the nonpayment of Assessments due. Any lien imposed for nonpayment of Assessments
shall incur interest an 8% per annum should payment not be received after 30-days of date due,
plus all costs and attorney's fees. Any Lot Owner who uses or allows his or her Lot to be used
or developed in violation of this Declaration further agrees to pay all costs incurred by the
Association, Design Committee, or other Lot Owner in enforcing these Covenants, including
reasonable attorney's fees whether or not suit is actually filed. In addition, the Association, by
separate rules and regulations, may establish reasonable fines for a violation of this Declaration
or the rules and regulations and the time for payment thereof, all in accordance with any
applicable Idaho code. If any such fines are not paid when due, the Association shall have a lien
against the Lot of the Owner who owes the fine and shall have the right to collect the fine and
foreclose the lien in the same manner as for collection of annual Assessments.
Section 12. NO IMPLIED WAIVER. The failure of the Association to object to an Owner’s (or
other party's) failure to comply with this Declaration (including any rules and regulations now or
hereafter promulgated) shall in no event be deemed a waiver by the Association or of any other
party having an interest therein of its right to object to same and to seek compliance therewith in
accordance with the provisions of this Declaration.
Section 13. INDEMNIFICATION. The costs to the Association shall include all costs to
indemnify and save harmless the Declarant, the Architectural Review Committee, the officers
and Board of Directors of the Association and its agents thereof, their successors and assigns,
from and against any and all claims, suits, action, damages and/or causes of action arising from
any personal injury, loss of life and/or damage to property sustained on or about the property, if
any, or any appurtenances thereto or arising out of the installation, operation or maintenance of
Common Areas, Common Area maintenance, private Lot maintenance services (including turf
maintenance, fertilization, weed control and snow removal), from and against all costs, counsel
fees, expenses and liabilities incurred in and about any such claim, the investigation thereof or
the defense at any levels of any action or proceedings brought thereon, and from and against
any orders, judgments and/or decrees which may be entered therein. Included in the foregoing
provisions for indemnification are any expenses that Declarant, Architectural Review
Committee, officers and Board of Directors of the Association and agents thereof, their
successors and assigns, may be compelled to incur in bringing suit for the purpose of enforcing
rights hereunder, or for the purpose of compelling the specific enforcement of the provisions,
conditions, covenants and restrictions contained in these Covenants.
Section 14. ACCEPTANCE OF COVENANTS. Every Owner or purchaser of a Lot within the
Property shall be bound by and subject to all provisions of this Declaration, and every Lot
Owner or purchaser, through his or her purchase or Ownership, expressly accepts and
consents to the operation and enforcement of all of the provisions of this Declaration.
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Section 15. VIOLATION CONSTITUTES NUISANCE. Every act or omission, whereby any
restriction, condition or covenant in this Declaration set forth, if violated in whole or part, is
declared to be and shall constitute a nuisance and may be abated by Declarant or their
successors in interest and/or by any Lot owner; and such remedies shall be deemed cumulative
and not exclusive.
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IN WHITNESS WHEROF, Declarant has executed this Declaration effective the ____ day of
___________________, 20___
__________________________________
Declarant
RFW Properties, LLC
Aaron R. Richards
Managing Member
State of Idaho
County of Madison
I do hereby certify that on this ____ day of ________________, 20___, personally appeared
before me Aaron R. Richards, Managing Member of RFW Properties, LLC, known or identified
to me to be the person whose name is subscribed upon this instrument, and acknowledged to
me that he has executed the same.
_____________________________
SEAL Notary Public
My Commission Expires _________