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DECLARATION
of
COVENANTS, CONDmONS AND RESTRICTIONS
jQr
MOUNTAIN HEIGHTS
CONDO S
in
LINCOLN COUNTY; WYOMING-
RECEIVED 5/18/2006 at 11 :3ZAM
RECEIVING#: 918538
BOOK: 620 PAGE: 483
JEANNE WAGNER
UNCOLN COUNTY CLERK, KEMMERER, WY
MAY 2006
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cor484
091.8538
INDEX
Paragraph
Page-
1 Definitions- . ....... ............. ... ............. ................ ..... ......... ........................................................ 3
2 Scope of Project.......... ............... ............ .............. ...... ..................................... ............... ........ ~
3 Map........... ............................. ................... ........... ..... '" ............. ........... .......... ......... ...... ........ 4-
4- Division of Property into Condominium Units....... ............. ................ .................................... ~
5 Common. EIements'............. ......... ... .......... ............... ...... .................... .......... ..... ......... .... ........ ~
6 Parking: Spaces.. .............. ....... ..............................._....... .................. .... .............. ......._........... 5
7 Separate As5eSSIIlent and Taxation................................ ............................................ ......... ... 5
8 Ownership - Tit1~.......... ........... ..................... ......... .......... ........ ................. .......... ................. 5
9 N on-PartitionabiIity: ..... ........ ... .............. .............. ..... ........ ............. ... ...... ........ ........... ..... ....... 5
10 Use of Common Elements....... ...... ....... ............ .............. ................. ......... ................. ............. 5
11 Use and Occupancy by Declarant......................... .................................................................. 6
12 Certain Additional Restrictions...... ........ ............... ......... ........ ....... ................. ..... .................... 6
13 Easements fur EiIcroachments...... ............... ......... ................... .............. ............... ............ ...... 9
1 ~ Owners- Voting: Rights................................. ..... ............. ...... ....... ............................... ............. 9
15 Mountain Height Condominium Hom~ Owners-' Association................................................ 10
16 Management Committee............ ........ ............................ ....... ......... .............................. ........... 11
17 Powers- and Duties of M:anagement Committee........ ....................... ...... .......... ............... ........ 12
18 Manager........... ............................. .............................. ............. ...... ....................... .................. IS
19 No WaÍVer...... ......-..... ................. .......... ............ ............. ............... ........................ ................. 15
20 Compensation.. ................ ............ ............... ..... ........ ...... ............. ........ .... ..................... ..... ...... 15
21 Accounts... .-... ............. ............................ ........ ............................ ................. .......... ................ 15
22 Indenrni:fi.cation........... ................. ...... ......... ................................... .............. ..... ..... ................ 16
23 Excn1pation......... ......... ................. .......................... ...... ................... ......... ......... .... ................ 16
24- Mechanic's Lien... ........... ......... ............ ............... .............. ................ ..................................... 16
25 Reservation for Access...... .... ... ........... .............................................. ........................ ............. 16
26 Maintenance Responsibility:...... ......_.. ........ ........... ...... ............................... ....... ..................... 16
27 Revocation. or Amendment to DecIaration.............................................................................. IT
28 Additions, Altet'ations- and Improvements..... .............. ............ ...... .......................................... 17
29 Assessments.................... ..................................... _................................................. ................. 17
30 Insurance... -............ ....... .... .............. ........ ..._......................................... ............. _......... ............ 18
31 Restrictions Relating to Insurance Coverage..... ............. ............................ ............................. 18
32 ForecloSOIè of Lien........................ ........... ........ ,.. .................................................................... 18
33 Mortgages......... ...... ........................... .... ....................... ...... _...... ................... ........................... 19
34- Reconstruction....................................................;;....................... ............................................ 19
35 General Reservations............................ .......... ........................................ ................................. 22
36 Covenants to Rnn With the Land.............._.........__................................................................... 22
37 Assignment of Declarant' s Rights........... ................... ..... ........................... ........... .................. 22
EXhibit A-Legal Description,........ .-............ ........ ....... .............. ............ ......... .............. ........ ............... 23
EXhibit B -Percentage of Ownership......................... ........... ................................. ................................ 2~
Exhibit C - Budget Form....................................... .................... ......... .... ........... .......................... ........... 25
Exhibit D - Approved Bully Barn P1an....... .................................. ........ . ................... ........ ....... ...... ....... 26
MOUNTAINHEIGHrS CONDOMINIUMS I CCR
Page-2of27
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09t8S38
CO(485
DECLARATION
of
COVENANTS, CONDITIONS AND RESTRlCTIONS
fot
MOUNTAIN HEIGHTS
CONDOMINIUMS
TIllS DECLARATION is made on the date hereinafter set fourth by the under signed, Bruce M.
Davis and Betty B. Davis, hereinafter referred to as the "Declarant" for the purpose of defining the rights
and obligaûoIis of ownership for the MOUNTAIN HEIGHTS CONDOMINIUMS Project located in
Lincoln County, Wyoming.
Recitals:
a. The Declarant is the owner of the real property located in Lincoln County, Wyoming
which is described in Exhibit A attached hereto and made a part hereof.
b. The name by which this property is to be identified is the "MOUNTAIN HEIGHTS
CONDOMINIUMS".
C. The individual condominiums and related common areas will be owned, managed and
maintained by a Wyoming non-profit corporation known as MOUNTAIN HEIGHTS
CONDOMINIUMS HOME OWNERS' ASSOCIATION serving as the association of
owners as provided herein.
d. The property is hereby made subject to the Wyoming Condominium Ownership Act, and
to the covenants, condiûoIis, restrictions, reservaûons, assessments charges and liens
contained in this Declaraûon, all of which shall be enforceable equitable servitudes and
shall run with the land.
NOW, tHEREFORE, the Declarant does hereby publish and declare that the following covenants,
condiûons, and restrictions shall be deemed to run with the land, shall be a burden and a benefit to the
Declarant, and its successors and assigns.
1. DEFINITIONS. Unless the context shall expressly provide otherwise,
A. "Unit" m~ an individual condominiQI1l unit as shown on the recorded map or maps
for this Project filed or to be filed by Declarant, together with all fixtures and
improvements
B. "Owner" shall mean the record owner, whether one Of more persons and/or entities, of
MOUNTAlN IŒIGIITS CONDOMINIUMS I CCR
Page 3 of27
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0918538
COr486
recorded title to the full and exclusive use of a specific umt, including contract buyers of
record but excluding mortgagees, contract sellers or others having such interest merely as
security for the perfonnance of an obligation. An "Owner" shall mean all of the owners of
a particular unit collectively and shall be jointly regarded as a single Owner for purposes
of this Declaration. Any owner of an equity interest of record in a unit, and any partner,
officer or shareholder of an entity which is an owner of record, may be treated by the
Association as the representative of all the ownership of such unit for purposes of giving
notices, voting and other matters. .
C. "General Common Elements" are those elements of property that are for the use and
benefit of all the unit owners, and the "Limited Common Elements" are those elements of
property that are for the use by an individual unit owner or his invitee. The location "Of
General Common Elements and Limited Common Elements shall be designated as such on
the applicable plat map(s) tor the project. References herein to "common areas" are
references to the General Common Elements.
D. "Common expense" means expenses for project maintenance, repair, öperation,
management and administration determined in accordance with this Declaration.
E. "Association" means MOUNTAIN HEIGHTS CONDOMINIUMS HOME
OWNERS' ASSOCIATION.
F. "Management Committee" means the board of directors of the Association.
2. SCOPE OF PROJECT. The project consists of the construction of 4 units, together with on-
site parking facilities for such units and other common areas on Lot 33 of the Star View Estates
Subdivision, a recorded subdivision, plat number 568074, lòcated in Lincoln County, State of Wyoming.
3. MAP. Declarant reserves the right to amend or add to the plat map(s) from time to time, to
confonn the same according to the actual location of any of the constructed improvements and to establish,
vacate, and relocate utility easements, assess road easements, and on-site parking areas.
4. DIVISION OF PROPERTY INTO CONDOMINIUM UNITS. The r«al property
described ip Exhibit A, and the improvements located or to be located thereon, has been platted or will be
platted for division into separate fee simple estates, each such estate consisting öf a separately designated
unit and the undivided percentage or fractional interest in and to the common elements for each unit as set
forth in Exhibit B hereto.
5. COMMON ELEMENTS. A portion of the General Common Elements is reserved for the
exclusive use of the individual owners of the respective units,and such areas are referred to as "Limited
Common Elements". The Limited Common Elements so reserved shall be identified on the map(s). Any
balcony, patio, or deck which is accessible from, associated with and which adjoins a unit, without further
reference thereto, either herein or on the map(s), shaÜ be used in connection with such unit to the exclusion
of the use thereof by the other owners of the General Common Elements, except by invitation. All of the
owners of condominium units in this condominium project shall have a nonexclusive right in common with
all of the other owners to use of sidewalks, pathways, roads, driveways anQ streets located within the entire
condominium project. No reference thereto, whether such Limited Common Elements are exclusive or
nonexclusive, need be made in any deed, instrument of conveyance, or other instrument. The water lines,
MOUNTAIN HEIGIITS CONooMINRJMS I CCR
Page 4 of27
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091..8538
C00487
septic systems, propane, other utilities, fences and landscaping are also General Common Elements.
Each unit, the appurtenant undivided interest in the General Common Elements, and the
appurtenant Limited Common Elements shall together comprise one condominium uIiÍt, shall be
inseparable, and may be conveyed, leased, devised, or encumbered only as a condominium unit.
Every contract for the sale of a condominium unit written prior to the filing for record of the map
may legally describe a condominium unit by its identifying unit designation, followed by the name of the
project, with further reference to the map thereof and the Declaration to be filed for record. Subsequent to
the filing of the map and the recording of the Declaration, every deed, lease, mortgage, trust deed, will, or
other instrument may legally describe a condominium· unit by its identifying unit designation, followed by
the name of this project, with further reference to the map thereof filed for record and the recorded
Declaration. Every such description shall be good an'd sufficient for all purposes to sell, convey, transfer,
encumber, or otherwise affect not only the unit but also the General Common Elements and the Limited
Common Elements appurtenant thereto. Each such description shall be construed to include a nonexclusive
easement from ingress and egress to an owner's unit and use of all the General Common Elements together
with the right to the use ofthé appurtenant Limited Common Elements. The initial deeds conveying each
condominium unit may contain reservations, exceptions, and exclusions which the Declarant deems'to be
consistent with and in the best interest of all condominium unit owners.
6. PARKING SPACES. On-site parking areas and related facilities shall be under the control of
the Declarant until the project has been completed. Thereafter, the parking areas shall be under the control
of the Management Committee. The parking area directly connected to each unit and labeled on the Plat
Map as a Limited Common Element appurtenant thereto is to be used by that unit only, and only two
vehicles per unit will be permitted.
7. SEPARATE ASSESSMENT AND TAXATION. Each unit and the undivided interest in
the common elements appurtenant thereto shall be deemed a separate tax parcel and subject to a separate
assessment and taxation.
8. OWNERSIDP - TITLE. A unit may be held and owned in any real property tenancy
relationship recognized under the laws of the State of Wyoming.
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9. NON-PARTITIONABILITY. The common elements shall be owned by the Association in
common for all of the owners of the units and shall reI11ain undivided, and no owner shall bring action for
partition or division of the common elements. Nothing contained herein shall be construed as a limitation
of the rights of partition of a unit between the owners thereof. but such partition shall not affect any other
unit.
10. USE OF COMMON ELEMENTS. Each owner shall be entitled to exclusive usage and
possession of his or her unit and any related Limited Common Elements, subject to the rights of the
Management Committee set forth herein. Each owner may use the General Common Elements in
accordance with the purpose for which they are intended, without hindering or encroaching upon the lawful
rights of other owners. the exclusive right to repair, maintain and replace the units is reserved to the
Management Committee as provided herein, and the express written approval of the Management
Committee ~s required for any improvement, painting, fencing, repair or alteration carried out by an owner.
MOUNTAIN HEIGJITS CONDOMINIUMS I CCR.
Page 5. of 27
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091..8538
COC488
A unit may be used and occupied by the applicable owner, his or her family and their guests and
invitees, or an owner's lesseèls or tenantls; provided, however, that such use by an owner's guest/s arid
inviteels or lessee/s or tenantls is maintained in conformity with any and all applicìible conditions and
restrictions provided here in. The unit owner shall betesponsible for the actions and damages any such
guest, invitee, lessee, or tenant may cause and for the payment of all assessments.
Conformity with any and all applicable land use regulations of Lincoln County shall be required, in
additi01~ to the requirements of these Covenants and any other related rules and regulations. In case of any
conflict, the more stringent requirements shall govern.
Only single-family residential use shall be permitted. No commercial, industrial or other non
single-family residential use whatsoever shall be permitted in any unit, with the exception of an artist
studio, workshop, private office and such other endeavors not requiring access to the property by the
general public, employees, independent contractors qr business invitees in a manner which would adversely
impact the neighborhood, and the Management Committee may impose restrictions in that regard.
Use of the Land Use Easement along the west boundary line adjacent to Lot 32 and located on Lot
32 shall be used only in accordance to the mutual benefit of both Lot 32 and Lot 33 and by permissiön of
the owner/s of Lot 32, and such use must be agreed upón and in writing. Use of the Land Use Easemeht
along the east boundary line adjacent to Lot 34 and located on Lot 34 shall be used freely for purposes of
access and recreation as a general common element for the unit ownets.
11. USE AND OCCUPANCY BY DECLARANT. The Declarant and Declarant's employees,
representatives, agents and contractors may maintain a business and sales office, construction facilities and
yards, model units, and other developer's facilities necessary or desirable to Declarant dUI"ÍI).g the
construction and sales period.
12. CERTAIN ADDITIONAL RESTRICTIONS. The followUigadditional restrictions are
applicable to the units and common areas. Each reference to, "owners" includes their tenants and invitees.
A. KeeTJinf! Outside Areas Clean and Sif!htlv. The Owners shall not obstruct the
cOlDITlon areas as contained herein. One 12' x 16' tnaximum size "Bully Barn" will be
allowed for each unit to be constructed and maintained by a unit owner ahd built and
located in accordance to the plat mapls and a building plan öbtained from the Management
Committee with writteh permit therefrom. All owners shall keep their residffnces and their
units in a reasonably clean, safe, sightly and tidy condition. No clotheslines will be
permitted. Anv tires.lawnmowers. garden equipment. children's tOYS and other similar
items must be stored and appropriately screened from the public view when not in'use. No
antennas or television "dishes" in excess of 24 inches in diameter or other items may be
placed in public view or upon any of the common areas or units without the e?'press written
consent of the Management Committee. Refuse, garbage and trash shall be kept at all times
in a covered container. The parking of recreational vehicles, motor homes, trailers, boats,
snow mobiles, camper bodies and inoperative vehicles is prohibited in 'parking areas and the
primary garage that is part of the individual unit and other common areas. The
Management Committee shall have full power and authority to regulate the construction of
any dog kennel or any other structure and full power and authority to regulate parking and
storage of cars, trucks, bicycles, motorbikes, motorcycles and other similar vehicles and
MOUNfAIM HEIGlITS CONDOMINRJMSI CCR
Page 6 of27
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091J8538
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COG489
equipment, and to regulate the use of roadways by imposing and enforcing speed limits and
other restrictions, with full power and authority to impose and enforce (by special
assessments hereunder or otherwise) fines and other penalties for violations of such
regulations. An owner shall have the right to plant in their Limited Common Elements and
in accordance to the established landscaping annual flowers at their own expense. All such
landscaped areas will be maintained by the Management Committee irregardless of the
choice to plant annuals by an individual owner. All landscaped backyard limited common
areas shall be maintained by the Management Committee until such time as a backyard
limited common area of a unit owner is fenced in by that unit owner. Such fencing of a
'backyard limited common area shall be supervised by the Management Committee and shall
be constructed at the owners expense_ If a backyard limited common area is fenced, it will
be maintained by that unit owner. The Management Committee retains the right to oversee
that the fenced limited common area is properly maintained and repair, assess or fine the
owner of such fenced area if the owner fails to maintain his/her fenced backyard limited
common area in a manor consistent With the rest of the common elements. All bi-annuals or
perennials must be approved by the Management Committee and will become the common
property of the Mountain Heights Condominium Association. An owner shall have the
right to establish, plant and maintain a small vegetable garden, 8" by 12' maximUJ11, see plat
map/s for location. At such time as the vegetable garden is no longer used and maintained,
it is to be replanted back into lawn by the owner. The Management Committee shall have
the right to charge an individual owner for landscape damaged by that owner or his guests
or animals and for failure to replant in lawn a vegetable garden so established by that owner
if it is no longer used and maintained.
B. Obstroctinf! Common Areas. Owners shall not obstruct common areas. Owners shall
not bu;ld any structure or dog kennel or plàce or store anything within the common areas
without the prior written consent of the Management Committee or its designee except in a
facility specifically designated or approved for such storage.
C. No Fireworks. The discharge of firearms, firecrackers or fireworks is forbidden.
D. Signs. Without prior written consent of the Management Committee, owners shall not
permit any sign of any kind to be displayed to the public view from the unit or from the
appurtenant common areàs. Said restrictions shall not apply to the Declarant dùring the
construction or sales period or to traffic signs, unit designations, project designations or
similar signs displayed by the Management Committee or the Declarant.
E Animals. Owners shall not permit animals of any kind to be raised, bred or kept in
their unit, except that occupying owner/s only (not guests, invitees, lessees, 'or tenants) may
keep up to I dog and 1 cat with the written permission of the Management Committee, and
other small pets kept inside are permitted on a reasonable basis, all subject to the limitations
set forth herein:
1. All pets shall be kept clean and odor free. Any animal kennel shall be
constructed with a concrete fJoor and a plan and location map shall be submitted to
the Management Committee and written permit to construct such kennel shall be
obtained fonn the Management Committee. Any animal kennel placed on the
MOUNTAIN HEIGJITS CONDOMINIUMS I CCR
Page 7 of27
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091.8538
C00490
General Common Element shall also require the written consent of all the unit
owners.
2. Any animals pennitted to be kept on the property at any time shall be restrained
and controlled at all times.
3. A cage or leash law will be strictly enforced in any of the General Common
Element areas.
4. The occupants of a unit and the owners thereof shall be responsibíe for the
immediate removal and sanitary disposal of "litter" left by their pets and those of
their guests.
5. Any clawing, chewing, barking, aggressive behavior, or any other situation that
causes property damage to the unit or the Limited Common Element/s or the
General Common Element and the actions of a pet that becomes a nuisances to
other owners will be grounds for that animal to be removed ûom the premises.
6. All pets of the occuoyim! owner that will reside in that owner's unit and that
units Limited Common Element will reQuire the written·pennission of the
Management Committee.
7. All pets of guests of an ownèr must be properly restrained and controlled and
will be allowed only on a one day visit basis.
8. Any dogs loose on the Property at any time may be impounded by the
Management Committee, and their release may be conditioned ùpon the payment of
a fine or penalty, no matter who owns the dog/so
9 . The Management Committee may adopt additional rules and regulations for
animal control ûom time to time.
The public is hereby put on notice of this rule and of the potential effect if a member of the
public pennits their dog to be on the property at any time, whether or nöt they are aware of
the whereabouts of the dog. STRICT DOG CONTROL WILL BE ENFORCED AND IS
ESSENTIAL TO THE QUALITY OF THE PROJECT.
F. Limitations on Certain Activities. Owners shall not pennit any obnoxious or offensive
activity or nuisance to be carried on in or around their unit or in the common areas. No
light shall be emitted or reflected from any unit which is unreasonably bright or causes
unreasonable glare for ap.y adjacent ownec No unreasonably loud or annoying noises, or
noxious or offensive ooors, shall be emitted ûom any unit or the common area.. The
Management Committee is expressly authorized to regulate and limit the use of
woodburning stoves and fireplaces. .
G. Architectural Control. Upon completion of the building, fences, driveways, and
landscaping by the Declarant all future maintenance of the exterior of the building,
driveways, roads, fences, and landscaping will be the duty and responsibility of the
Management Committee. All alterations, construction òr additions must have plans
submitted to the Maqagement Committee for review and approval or disapproval at least 30
days prior to start of construction. In no case shall commencement of such alterations,
construction or additions be started without first having written approva1. Such approval or
disapproval to be given in writing by the Management Committee. The Management
Committee shall be controlled by the following guidelines:
MOUNTAIN HEIGIITS CONDOMINIUMS I CCR
Page 8 of27
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091.8538
r· tÎ
\"00491
1. All maintenance, staining and repairs of the building's exterior wood siding and
trim, windows, fences, driveways and landscaping will be under the express
responsibility of the Management Committee to insure that the exterior appearance
of the project be equally maintained from unit to unit.
2. Any changes in the appearance of the exterior of the building weather changes
in color or design (but not linúted to) and any inclosures (including but not limited
to any closing in of ~ porch, balcony or deck) or additions to the exterior of the
building structure must be first approved by the Star View Estates Association
Building Committee, must comply with all county regulations, and then must be
approved by a majority vote of the members of the Mountain Heights
Condominiums Association, and approvals must be in writing.
3. Any changes to the fences of the project must be first approved by the Star
View Estates Association Building Committee and then by the Mountain Heights
Management Committee, and approvals must be in writing.
4. Any building construction approved after the completion of the project by the
Declarant which is ~ttached to the building must be quality construction equal to
the construction of and in hannony with the design of the existing building (such as
but not limited to poured concrete foundations, ~" x 6" exterior walls, matching
windows, matching siding, matching roof pitch and construction, and finish) and
must be accompanied by a plan showing foundation plan, floor plan, construction
details, exterior elevations and materials and colon~ to be used.
5. Upon written approval by the Management Committee the construction of a
maximum 12' x 16' Bully Barn will be allowed within the confines of an owners
Limited Common Area backyard for the purpose of storing tires, lawn equipment,
garden equipment, cbildrens' toys and other similar items. It must be located
according to the plat map and built and finished according to the plans provided in
Exhibit D of this declaration. The Managements reserves the right to supervise the
èonstruction and to impose penalties if not completed in accordance to those plans
and in a timely manner for the purpose of removal or finishing of the Bully Barn.
H. Compliance with Rules and Ref!.Ulations. Owners shall not violate any rules and
regulations for the use of common arèas' adopted by the Management Committee and
furnished in writing to the owners. Fines and other penalties for violations thereof may be
imposed and enforced (by special asses~ment or otherwise) by the Management Committee
for violations of such rules and regulations, and it is expressly understood that owners may
be held responsible for acts of their tenants and invitees.
13. EASEMENTS FOR ENCROACHMEN1'S. If any portion of the common elements
~ncroaches upon units, a valid easement for the encroachment and for the maintenance of same, so long as it
stands, shall and does exist.
14. OWNERS VOTING RIGHTS. The owner of each condominium unit shall be considered as
one lot owner of the Star View Estates Subdivision, arecorded subdivision in the county of Lincoln, state of
MoUNtAIN HEIGHTs CONDOMINIUMS I CCR
Page 9 of 27
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O~j18538
COC492
Wyoming, Plat No. 568074 . and will be subject first to the Star View Estates Association and to the
recorded covenants, conditions and restrictions, recorded with the Lincoln County, Wyoming, Clerk of
Court in Book 182 PR . Page 222 . with all voting rights, privileges and liabilities of membership in
that subdivision.
15. THE MOUNTAIN HEIGHTS CONDOMINIUM HOME OWNERS' ASSOCIATION.
A. Membership. Each owner shall belong to the Mountain Heights Condominium Home
Owners' Association by virtue of owning deeded rights to usage of a unit in the project
covered by this Declaration. By the sale or ,other transfer of deeded rights to usage of a
unit, the transferring owner's membership in the Association shall be ipso facto transferred
to the transferee of such unit.
B. Annual Meeting. There shall be an annual meeting of the Mountain Height
Condominium Homes Owners' Association to be held in each calendar year, at the project
site, or at such other place, date, or time as may be designated by written notice of the
Management Committee to the owners not less that fifteen days prior to the actual date
fixed for said meeting: At the annual meeting, the Management Committee shall present an
audit or financial review of the common expenses, itemizing r~ceipts arid disbursements for
the preceding calendar year, The allocation thereof to each owner, and the estimated
common: expenses for the coming ca~endar year.
C. Special Meetings. Special méetmgs of the Association tnay be held at any time, either
upon the call of owners possessing a one-forth interest in the units, or upon the call of a
majority of the Management Committee. Upon such call, or the receipt of such call, the
Management Committee shall send out written notices of the tneeting to all owners,
provided that such notice is sent not less than fifteen days prior to the date fixed for said
meeting, and shall specify the date, time, place, and purpose fot said meeting.
D. Waiver of Notice. The presence of all owners, either in person or by proxy, at any
meeting, shall render the same a valid meeting. Any meeting so held, notwithstanding the
fact that no notice of meeting was gi'\ren, or that the notice given was improper, shall be
valid for all purposes, and at such meeting any general business may be transacted and any
action may be taken. Such business or action taken to be recorded in writing.
E. Ouornm. At any meeting of the Mountain Heights Condominium Home Owners'
Association, tbose present in person or by proxy, whose aggregate interest in the units
constitutes a majority of the aggregate interests of all owners in the units, shall constitute a
quorum. Once such quorum is present, the concurring vote of a ~jority of those present
on any matter shall be valid and binding upon the owners, UIÙess otherwise expressly
provided by this Declaration. The Association may also act without a mevting by written
consent of a majority of the voting power of the owners entitled to vote. Whenever in this
Declaration the consent or approval of owners is required, such approval or consent shall be
given pursuant to this paragraph at a meeting of the Association or by a written notice,
UIÙess otherwise specifically provided herein.
F. Voting. Any person or entity or combination thereof, owning any unit in this project
MOUNTAIN HEIGIITS CONOOMlNIUMS I CCR
Page 10 of27
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09t8538
Cf"'r493
duly recorded in his, her or its name, as detennined by the records of the Management
Committee shall be entitled, either in person or by proxy, to cast one vote per unit. Any
provision to the contrary notwithstanding, co-owners or joint owners shall be deemed as one
owner. The authority given by an owner to another to represent such owner at meetings
shall be in writing, signed by such member, or if a unit is jointly owned then by all joint
owners, or if such owner is a corporation, by the property officers thereof, and shall be filed
with the Management Committee, and unl~s limited by its terms, such authority shall be
deemed good until revoked in writing. An executor, administrator, guardian, or trustee may
vote in person or by proxy with respect to any unit owned or held by him in such capacity,
whether or not the same shall have been transferredto hi!; name by a duly recorded
conveyance; provided, however, that reasonable evidence of such capacity first be offered to
the Management Committee. Whenever any unit is owned by two or more jointly, as
detennined by the records of the M~gement Committee, the vote thereof may be exercised
by anyone of the owners present in the absence of protest by the other or others.
G. Adfoumment. Any meeting of the Association may be adjourned fi-om time to time to
such place and time as may be determined by a majority vote of the members present,
whether a quorum by present or not.
H. Fiscal Year. The fiscal year of the Mountain Heights Condominium Association shall
end on pecember 31 of each year, or as otherwise determined by the Management
Committee.
16. MANAGEMENT COMMITTEF:.
A. Creation and Purpose. There is hereby created the Management Committee, consisting
of three (3) members. Each member of the Management Committee should be an owner (or
a duly authorized representative of an owner which is an entity) of a unit in this project at
all times during his/her tenure. The purposes of the Management Committee shall be to
govern the affairs of the project on behalf of the Mountain Heíghts Condominium Home
Owners' Association as its board of qirectors.
B. Term. The Management Commi~ee members shall serve for a tenn of three years.
Each member of the Management Committee shall hold office until the next applicable
annual meeting of the owne~s and until his/her successor shall have been elected and '
qualified, or until death, resignation, or removal, if one 'of the latter events occurs sooner;
provided however, that if any member ceases to be an owner or a duly authorized
representative of an owner which is as entity, then, his or her membership on the
Management Committee shall thereupon automatically terminate.
C. Cumulative Voting. At any election of Cotl1Il}Îttee members, the vote attributable to
each unit may not be accumulated by the owner thereof.
D. Resignation and Removal. At any regular meeting or special meeting duly called, any
one or more of the members of the Management Committee may be removed with or
without cause by a majority vote of the owners and a successor may then and there be
elected to fill the vacancy thus created. Any member whose removal has been proposed
MOUNTAIN HEIGlITS CONDOMINRJMSI CCR
Page n of 27
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á)~}1.8S38
COCL194
shall be given an opportunity to be heard at the meeting. Any member may resign at any
time by giving written notice to the Manager.
E. Vacancy. Any vacancy in the Management Committee occurring during a member's
tenn shall be filled for the ba1ance of that member's tenn by appointment made by the
Management Committee.
F. Proceedinf!s. If all members of the Management Committee are present, a majority vote
shall be the act of the Management Committee; however, two members of the Management
Committee shall constitute a quorum, and, if a quorum is present, the unanimous decision
of those present shall be the act of the Management Committee. The Management
Committee shall elect a chairman to preside over its meetings and those of the Association.
Minutes of the meetings of the Management Committeè shall be maintained and available
for inspection by any owner. Meetings of the Management Committee may be called, held,
and conducted in accordanCe with such regulations as the Management Committee may
adopt. The Management Committee may also act without a meeting by unanimous written
consent of its members.
G. Regular Meetings. Regular meetings of the Management Committee máy be held at
such time and place as shall be determined, from time to time, by a majority of the
management Committee. Notice of regular meetings of the Management Committee shall
be given to each member, personally or by mail, or by telephone, at least fivé days prior to
the day named for such meeting.
H. Special Meetinf!s. Special :¡neetings of the Management Committee may be called by its
chairman on five day's notice to each member, given personally, or by mail, or by
telephone, which notice shall state the time, place, and purpose of the meeting.
I. Waiver of Notice. Before or at any meeting of the Management Committee, any member
may, in writing, waive notice of such meeting and such waiver shall be deemed equivalent
to the giving of such notice. Attendance of a member at any meeting of the Management
Committee shall be a waiver of notice by Júm/her of the time and place thereof. If all the
members are present at any meeting of the Management Committee, no notice shall be
required and any business may be transacted at such meeting.
J. Initial Control Period Until a date which is three years from the date of recordation of
.
this Declaration, the Declarant shall have the option to appoint and remove all members of
the Management Committee, to appoint and remove all officers of the Mountain Heights
Condominium Home Owners' Association, and to exercise the powers and responsibilities
otherwise assigned by the Deçlaration to the Mountain Height Condominium Home
Owners' Association. Declarant shall have the option at any time, by an express written
declaration, to turn over to the control the Condominium Association the total responsibility
for electing and removing members of the Management Committee and the officers.
17. POWERS AND DUTIES OF MANAGEMENT COMMITTEE. Subject to the rights of
the Declarant the Management Committee shall have the powers and duties necessary for the administration,
operation, and maintenance of the project. Such powers and duties of the Management Committee shall
MOUNTAIN HEIGHtS CONDOMINIUMS I CCR
Page 12 of27
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0918538
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include, but shall not be limited to, the following, all of which shall be done for and on behalf of the owners
of the units:
A. To administer and enforce the covenants, restrictions, easement, conditions, uses,
limitations, obligátions, and all other provisions set forth in this Declaration.
B. To enforce compliance with such rules and regulations (including without limitation
enforcement provisions such ~ fines) as may be necessary for the operation, occupancy,
and peaceful and orderly use and enjoyment of the units and the common elements of this
project.
C. To incur such costs and expenses as may be necessary to keep in good order, condition
and repair all of the common elements and all items of common personal property.
D. To insore and keep insured all of the building units and the insurable common elements
of the property and any common fixtures and equipment against loss due to fire, vandalism,
in an amount equal to the full insurable replacement costs. Further, to obtain and maintain
comprehensive public liability insurance covering the entire premises.
E. To prepare a budget for the project, at least annually, in order to determine the amount
of the general assessments payable by the owners to meet the common expenses of the
project, and allocate and assèss such common charges among the owners on a unit by unit
basis, and by majority vote of the Management Committee to adjust, decrease, or increase
the amount of the quarterly or monthly assessments, and remit or return any amount in the
current annua/fund assessments to the owners at the end of each operating year in excess
over the actual annual expenses and to retaining the working capita/funds in reserve and
deferred for maintenance or for replacement of the accentual common elements. The. budget
assessed in the general assessment is to be set in accordance with but not limited to the
following items:
1. Re-staining of the siding and trim as a working capita/fund set aside for future
maintenance.
2. Sidin~ reDair as a working capita/fund set aside for future maintenance.
3. General utilities maintenance as a working capita/fund set aside for future
maintenance.
4. Fence reDair and maintenance as a working capita/fund set aside for future
maintenance.
5. General building and grounds maintenance as a working capita/fund set aside
for future maintenance or reinstallation of existing facilities such as the building
structure/s, fences, concrete drives or sidewalks and landscaping as voted upon by
the members of the Association.
6. General building insuranCe. The Management Committee, or Manager, shall
obtain and maintain at all times insurance of the type and kind stated in this
Declaration and shall designate such insurance expense as a working capita/fund
with an overhead allowance for the financial security of the project and to provide
uninterrupted insurance coverage.
7. Anv additional budget costs as voted upon at the regular or special meetings of
the association and specified specifically to be either a working capita/fund or a
MOUNfAIN HEIGHfS C01'lOOMlNIUMS I CCR
Page 13 of 27
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O~}1.8S38
COC496
one time special assessment set aside for additional items ( such as but not limited
to the installation of additional concrete drives or sidewalks. unforseen
contingencies. additional landscaping, the installation of additional garages or
storage facilities. utility line maintenance. security systems or any other item of
mutual benefit) requiring a rilajority approval of all owners.
8. Lawn care and gardening as a current anmtal fund of actual Costs.
9. Snow removal from the parking pads and ingress and egress areas (snow
removal from the limited common front sides walks and back decks to be the
responsibility of the individual unit owner) as a current annual fund of actual
costs.
10. Garbage removal as a current annual fund of actual costs.
11. Anv additional budget costs as voted upon at the regular or special meetings
of the association and specified specifically to be either a current annual fund of
actual costs or a one time special assessment of actual costs set aside for
additional items (such as but not limited to legal expenses. office expenses, tax
preparation or other overhead). '
12. Star View Estates Association Dues. Dues for membership and for water uses
to be assessed as a current annual fund or one time special assessment cost of
actual costs.
F. The levy of one or more special assessments upon all owners in addition to the general
assessments is only to be levied when brought to the Association for a vote and when the
general assessments shall appear to the Management Committee to be insufficient to enable
it to carty out its obligations in connection with the operation of the project. or whenever
the Management Committee is required to make an expenditure under or in connection with
this Declaration for which there are not sufficient funds available in the maintenance fund
or when levied by the Star View Estates Association. One or more special assessments may
be levied by the Management Committee upon less than all owners when permitted by this
Declaration. Unless the Management Committee otherwise notifies the owner or owners
against whom a special assessment has be levied, the special assessment is payable in full
on the date specified in the notice of the levy.
G. To collect delinquent assessments any suit or otherwise and to enjoin or seek damages
from an owner as is provided in this DecIMation, and to enforce a late charge. of 10% of the
amount in default and to collect interest at the rate of 18% per annum in connection with
assessments in default. Together with all expenses, including reasonable attorney's fees
incurred.
H. To protect and defend oµ behaltofthe project any part or all of the project from loss
and damage by suit or otherwise.
I. To borrow funds in order to pay for any building of additional garages, major building
repairs or for the reconstruction as set forth in paragraph 34.
I. To enter into contracts to carry out their duties and powers.
1. To establish a bank account or accounts for the common treasury and for all separate
MOUNTAIN HEIGIITS CONDOMINIUMS I CCR
Page 14 of27
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091..8538
[tî('497
funds which are required or may be deemed advisable.
K. To make all repairs and do all maintenance to the common elements and the units.
L. To keep and maintain full and accurate books and records showing all of the receipts,
expenses, disbursements, meeting minuets, plans and pemúts, any other agreements and to
pemút examination thereof at any reasonable time by any owner.
M. To prepare and deliver annually to each owner a statement showing receipts, expenses,
and disbursements since the last such statement.
N. To meet at least once each year.
o. To hire or designate the personnel necessary for the maintenance of the general and
limited common elements and the personnel necessary for secretarial, management or other
operations necessary for the good of all the units' owners.
P. In general, to carry on the administration of the project and to do all things necessary
and reasonable in order to carry out the govei11Ïng and the operation öfthe project.
18. MANAGER. Any Manager shall have the exercise of s1.Jch powers as are granted to the
Management Committee hereunder, but said Manager shall be directly responsible to and under the control
of the Management committee.
19. NO WAIVER. The omission or failure of the Management Committee, the Manager, or any
owner to enforce the covenants, conditions, restrictions, easements, uses, limitations, obligatiQns, or other
provi~ion of tlµs Declaration, or the house rules and regulations adopted pursuant thereto, shall not
constitute or be deemed a waiver, modification, or release thereof, and the Management Committee, the
Manager, or any owner shall have the right to enforce the same thereafter.
20. COMPENSATION. No member of the Management Committee shall receive any
compensation for acting as such.
21. ACCOUNTS. The funds and expenditures of the unit owners shall be credited and charged to
accounts under the following classifications as shall be appropriate, all of which expenditures shall be
COmmon expenses:
A. Working capital fund reserved for deferred maintenance or repairs or replacement
required because of damage, wear, or obsolescence and for additional structures.
B. Current annual expense, which shall include all funds and expenditures within the year
for which the funds are budgeted, including a reasonable allowance for contingencies and
working funds, except expenditures chargeable to reserves for a working capital fund.
C. A one time special assessment which shall be limited the actual costs of the required
need.
MOUNTAIN HEIGHTS CONDOMINIUMS! CCR
Page 15 Qf 27
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09'18538
C00498
22. INDEMNIFICATION. Contracts or o~er commitments made by'the Management
Committee or the Manager shall be made as agent for the Association. and the owners shall have no
personal responsibility on any such contract or commitment (except as owners under Section 34 hereof).
Every member of the Management Committee shall be indemnified by the Association. against all
reasonable costs, expenses and liabilities (including reasonable legal fees) actually and necessarily incurred
by or imposed upon him or her in connection with any claims, acting, suit, proceeding, investigation. or
inquiry of whatever nature in which he or she may be involved as a party or otherwise by reason of having
been a member of the Management Committee whether or not such individual continues to be a member of
the Management Committee at the time of incurring ör imposition of such costs, expenses, or liabilities,
except willful misconduct, or gross negligence or malfeasance toward the owners in the perfòrmance of
duties. The foregoing right of indemnification shaH be in addition to and not in limitation of all rights to
which such persons may be entitled as a matter oflaw and shall inure to the benefit of the legal
representatives òf such person.
23. EXCULPATION. No member of the Management Committee shall be liable for the acts or
defaults of any other member, or for any loss sustained by the owners as a result thereof, unless the same
has resulted from his or her own willful misconduct.
24. MECHANIC'S LIEN. Every owner agrees to indemnify and to hold each of the other owners
harmIessfTom any and all claims of mechanic's liens and all costs and expenses, including attorney's fees,
due to such liens filed against other units and the gen~ral and limited common elements for labor, materials,
services, or other products incorporated in the owner's unit.
25. RESERVATION FOR ACCESS. Thy Association shall have the irrevocable right, to be
exercised by the Management Committee or the Manáger, to have access to each unit from time to time
during reasonable hours as may be necessary for the inaintenance, repair, or replacement, or for making
emergency repairs therein necessary to prevent damage to the common elements or to another unit. Damage
to the interior or any part of a unit resulting from themaþ1tenance, repair, emergency repair, or replacement
of any of the general or limited common elements or as a result of emergency repairs within another unit, at
the insistence of the Management Committee or the Manager, shall be a commOn expense of all the owners
unless such damage is the result of the misuse or negligence of Owner or such owner's invitees, guests or
representatives, in which cáse such expense shall be charged to such owner).
26. MAINTENANCE RESPONSmILITI~ The maintenance and repair of the exterior of the
building and the common elements will be the responsibility of the Association, not the individual owners.
An owner shall maintain and keep in good repair the wterior of his or her own unit, including the fixtures,
window glass, doors, appliances (including but not limited to the furnace, hot water heater, kitchen stove,
riro-wave oven) and interior paint. AIl fixtures and equipment installed within the unit commencing at a
point where the utilities (including but not limited to power, gas, and telephone lines) enter the unit shall be
maintained and kept in repair by the owner thereof. The owner must repair items such as paint and
sheetrock which are damaged by unit occupants unless the damage is caused by casualty (such and fire) and
. the repair cost is covered by the insurance of the Association. An Owner shall do no act nor any work that
will impair the structural soundness or integrity of the unit or the unit of any other owner. An owner shall
also keep any common area appurtenant to his or her unit in a clean and sanitary condition. An owner shall
be responsible for the cost of repairs for damage caused by the negligence of the owner or any occupant of
the unit, to the extent upÍnsured by the Association{such as the deductible amount). Owners are encouraged .
to maintain their own Home Owner's Condominium Unit Owner's Insurance and to require renter's to
MDUm'AIN HEIGIITS CONOOMlNRJMS I CCR.
Page 16 of27
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C00499
obtain their own Home Owner's Renter's Insurance Policies as appropriate to cover their own insurance
needs and Qavrnent of <:Janumes. such as the deductible amount. which is not insured by the Association
itself. Declarant shall not be liable for the costs of maintenance, repair or replacement of any units or other
improvements.
27. REVOCATION OR AMENDMENT TO DECLARATION. This Declaration shall not
be revoked unless all of the owners and all of the holders of any recorded first mortgage or first deed of trust
covering or affecting any or all of the units unanimously consent and agree to such revocation by instrument
duly recorded. This Declaration shall not be' amended unless all the owners of the units consent and agree to
such amendment by instrument duly recorded and attested by the president and secretary of the Association,
provided that amendment of this Declaration shall always require the consent of all holders of any recorded
first mortgages.
28. ADDITIONS. ALTERATIONS ANDiIMPROVEMENTS. The Declarant retains full
authority to further improve the property and add to and utilize the common elements until such time as the
project is turned over to the Association by the Declarant as set forth herein.
29. ASSESSMENTS. The making and collection of assesSments of any nature from owners for
their share of common expenses (detennined pursuant to this Article and other applicable provisions of this
Declaration) shall be carried out by the Management Committee in accordance with the following
provisions:
A. When Assessments Commence. Assessments for any unit shall commence on the
applicable date specified by the Declarant, but not later than the date of closing of a sale of
a completed unit by Declarant.
B. Shares of Common Exvenses. Each owner of a unit shaU be responsible for an equal
proportionate share of all approved working capital funds, approved current annual funds
and approved one time special assessment funds. Such General Common Expenses shall be
the responsibility of all owners and shall be shared by all owners on an equal unit-by-unit
basis. The amount of the common expenses assessed against each unit shall be the personal
and individual debt of the owner(s) thereof. No owner may exempt himself from liability
for his contribution towards the common expenses by waiver of the use or enjoyment of any
of the common elements, by attempting to do the maintenance himself/herself or by
abandonment of his unit. The Management Committee in its discretion may bill specific
owners for specific services or repairs for damage caused by the negligence of an owner or
invitees to the extent uninsured as a special assessment against the applicable owner and
their unit. In the event of default in the payment of the assessments, the owner shall be
obligated to pay interest on the amount of the assessment from the due date thereof, together
with all expenses incurred, including attorney's fees, together with such late charges and
interest as are decided upon by the common vote at a regular annual meeting. It is
expressly understood that the provision of certain services and water usage as provided by
membership in the Star View Estates Association and any assessments required thereby are
the individual owners unit-by-unit responsibility.
C. Rights to Collect From Tenant. If an owner shall, at any time, lease his or her unit and
shall be in default for a period of one month or more in the payment of assessments or other
charges, the Management committee may, at its option, so long as such default shall
MOUNTAIN HEIGIITS CONDOMINIUMS I CCR
Page 17 of27
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..,', ...... ,:.~.~; :.:.:......:.;.;.;0,
!- '!'~'~':'1Ø·'";~~"I>'I··,'''''r,~i:if'.~...;:'!''..:''_~· ..~¡,,¡. '.:~~:'~ .,:;:t.. ,':l:.,: -_':..~."'.'i."'.','. '..,. '1.;. '..~, .....' ,,~..:~:..O¡;'~...¡<.~..
091.8Sa8
Cnr5~O
' . \
continue, demand and receive from any tenant or subtenant of the owner the rent due or
becoming due, and the payPlent of such rent to the Management Committee shall discharge
such tenant or subtenant from the obligation for rent to the owner and the owner from his
obligation to the Association, to the extent of the amount so paid. The Management
Committee shall be fully entitled to demand and receive a copy of the applicable lease
agreement.
30. INSURANCE. The Management Committee, or Manager, shall obtain and maintain at all
times insurance of the type and kind stated in this Declaration issued by responsible insurance companies
authorized to do business in Wyoming. The fire and extended coverage insurance, including vandalism and
malicious mischief, to be maintained as to the units shall also cover all fixtures, interior walls and partitions,
decorated and finished surfaces of perimeter walls, floors, and ceilings, doors, windows and other elements
or materials comprising a part of the units. The insurance shall be carried in blanket policy fonn naming the
Management Committee the insured, as attotney-in-fact for all of the unit owners, and shall be a common
expense, which policy or policies shall contain a standard non-contributory mortgage clause in favor of each
first mortgagee, and a noncancellation clause (whether or not requested by the owners of units) providing
that such policy or policies may not be canceled except upon thirty (30) days' prior written notice thereof to
the Management Committee, each first mortgagee, and every other person in interest who shall have
requested such notice of the insurer. the Management Committee, or the Manager, shall also obtain and
maintain public liability insurance insuring each member of the Managemeqt committee, the Manager, if
any, the Association, and the owners against any liability to the owners or any other person incident to the
ownership of or use of the project or any part thereof Limits ofliability under such insurance shall not be
less than Five Hundred Thousand Dollars($500,000.00) for anyone person injured, One Million Dollars
($1,000,000.00) for each occurrence, and Five Hundred Thousand Dollars ($500,000.00) for property
damage for each occurrence. This is just the minimuÌn amount, and it is expressly contemplated that the
Management Committee may, in its discretion, obtain insurance with higher limits and insurance against
risks (such and earthquake damage) which are not spècifically referred to herein.
31. RESTRICTIONS RELATING TO INSURANCE COVERAGE. Without the prior
written consent of the Management Committee, nothing shall be done, kept or permitted to exist in any unit
or in the common area, which will result in an increase in the rate of insurance therein, No owner shall
permit anything to be done or kept in his or her unit which will result in the' cancellation of insurance
covering the project or any part thereof, or which would be in violation of àny law.
32. FORECLOSURE OF LIEN. In the event that a lien is created on a unit for unpaid common
expenses, the Management Committee or the Manager shall prepare a written notice indicating the amount
of such unpaid indebtedness, the name of the unit owner, and a description of the unit. Such notice shall- be
signed by a member of the Management committee or by the Manager, and shall be recorded in the Office of
the County Clerk of LincoIn County, Wyoming. Such lien shall attach from the due date of the assessment.
In any suit to foreclose the lien against any owner of a unit, the Management committee may represent itself
in like manner as any mortgagee of real property. 1ß.e Management Committee, acting on behalf of the
owners, shall have the power to bid and acquire such . unit at a foreclosure sale, and to lease, mortgage, vote
the votes appurtenant to convey, or otherwise deal with the same. The delinquent owner shall be required to
pay the costs and expenses, including attorneys' fees, for the filing of any lien, and any foreclosure
proceedings related thereto, as well as to pay a reasonable rent for the subject unit until sale or foreclosure.
Suit to recover a money judgment for unpaid common expenses shall be maintainable with all costs and
reasonable attorney's fees without foreclosing or waiving the lien securing the same. The holder of any
MOUNTAIN HEIGHts CONDOMINIuMs I CCR
Page 18 of27
: " ,.; -,.' ; -:..,.:"".........¡.;.;..,..'... .:..;......!.o<'·,·~'\!1¡V-"'="~::'~~~~_~-Qi"oiU,"1.'.:i..'-<.+'~,··J"",..:.;·....'~.'.UI"i'::S~l;J...:¡ : '.-: ~"'.;n-' "''''';·'·_~'~_·,,''''';LU;t:.L''''''','.''· ,',' ,'- ;'..··;',~'..!;!.(~~~i.o~':t!I.'_¡"'""i...s;,~¡...,"'t.:'t-~, ;' ··.."'!..'''',.,~;.~ò2t'.~ :. af..h~...~.J.''''!'',:,.....::t. '.':C-.~.,'.';'.~¡..'¡ ._, .
0918538
C005Ûl
mortgage or first deed of trust which is prior to any assessment lien, upon becoming any owner of a unit,
pursuant to foreclosure, conveyance in lieu of foreclosure, or otherwise, shall be subject to all assessments,
and the lien thereot: made after such holder becomes such owner of a unit.
Any encumbrancer holding a lien on a urnt may pay any unpaid common expenses payable with
respect to such unit, and upon such payment such encumbrancer shall have a lien. The holder of any
mortgage or first deed of trust which is prior to any assessment lien, ,upon becoming any owner of a unit,
pursuant to foreclosure, conveyance in lieu of foreclosure, or otherwise, shall be subject to all assessments,
and the lien thereof, made after such holder becomes such owner of a unit.
33 MORTdAGES. An owner shall have the right rrom time to time to mortgage Of encumber his
interest by deed of trust, mortgage, or other security Íßstrument. The owner of a unit may create mortgages,
liens, or encumbrances subject to the following: any such conditions, covenants, restrictions, uses,
limitations, obligations shall be subject to the lien for common expenses and other obligations created by this
Declaration; and the mortgagee under any mortgage shall release, for the purpose of restoration of any
improvements upon the mortgaged premises, all of his or her right, title, and interest in and to the proceeds
under all insurance policies upon the unit and project. Such release shall be furnished forthwith by a
mortgagee upon written request of one or more of the members of the Management Committee, and if such
request is not granted, such release may be executed by the Management Committee as attorney-in-fact for
such mortgagee.
34. RECONSTRUCTION. This Declaration does hereby make mandatory the irrevocable
appointment of an attorney-in-fact to deal with the property upon its destruction, for repair, reconstruction
or obsolescence. Title to any unit is declared and expressly made subject to the tenns and conditions hereof,
and acceptance by any grantee of a deed or other instrument of conveyance rrom the Declarant or rrom any
owner or grantor shall constitute appointment of the attorney-in-fact herein provided. All of the owners
irrevocably constitute and appoint the Management Committee their true and lawful attorney in their name,
place, and stead for the purposes of dealing with the property upon its destruction or obsolescence as is
hereinafter provided. As attorney-in-fact, the Management Committee shall have full and complete
authorization, right and power to make, execute, and deliver any contract, deed, or any other instrument with
respect to the interest of a condominium unit owner which is necessary and appropriate to exercise the
powers herein granted. Repair and reconstruction of improvements as used in the succeeding subparagraphs
means restoring improvements to substantially the same vertical and horizontal boundaries as before. The
proceeds of any insurance collected shaU be available to the Management Committee for the purpose of
repair, restoration, reconstruction or replacements unless the owners and fitst mortgagees agree not to build
in aècordance with the provisions set forth hereinafter,
A. In the event of damage or destruction due to fire or other disaster. the insurance
proceeds. if sufficient to reconstruct improvements. shall be applied by the Management
Committee, as attorney-in-fact, to such reconstruction, and improvements shall be promptly
repaired and reconstructed. The Management Committee shall have full authority, right
and power, as attorney-in-fact, to cause the repair and restoration of the improvements.
B. If the insurance proceeds are ins1,1fficientto repair and reconstruct improvements. and if
such damage is to one-third or fewer condominium units. such damage or destruction shall
be promptly repaired and reconstructed by the Management Committee, as attorney-in-fact,
using the proceeds of insurance and the proceeds of an assessment to be made in the manner
MOUNTAIN HEIGHTS CONDOMINIUMS I CCR
Page 19 of27
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091.8538
"." "'~""""'.--"'~'.:". ';~:¡.~"."..,. ..,..............'-'-'-'-,..., "4 ,·,..,.·.·i~ ~__~'.·.;...;..._. ........._,. ,..".....:.,.._"" ~.,...Õ..'.,.;..... n
GOC5û2
hereinafter set out. If any mortgage or trust deed holder of any damaged unit required and
received payment of any part of the insurance proceeds, the owner of that unit shall pay to
the Management Committee the amount so received by such mortgagee or trust deed holder
for use by the Management Committee, with the balance of the insurance proceeds, in
repairing and reconstructing pursuant hereto. The insurance proceeds, together with
payments made by unit owners shall be held in a building account for use in repairs and
rèconstruction pursuant hereto. Any deficiency in the building account shall be assessed
against the unit owners as a common expense. Such assessment shall be payable within
ninety (90) days after written notice thereof to the owners assessed. The Management
Committee shall have full authority, right and power, as attorney-in-fact, to cause the repair
or restoration of improvements using all of the insurance proceeds and unit owners to pay
an assessment. The assessment provided for herein shall be a debt of each owner and a lien
on his condominium unit and may be enforced and collected as is provided in this
Declaration. In addition thereto, the Management Committee, as attorney-in-fact, shall
have the absolute right and power to'seU the condominium unit of any owner refusing or
failing to pay such deficiency flssessment within the time provided, and if not so paid, the
Management Committee shall cause to be recorded a notice that the condominium unit of
the delinquent owner shall be require to pay to the Management Committee the costs and
expenses for filing the notices, intereSt at the rate of 10% per annum on the amount of the
assessment from and after said 90 day period, and all reasonable attorney's fees incurred in
selling the unit and collecting said assessment. The proceeds derived from the sale of such
condominium shall be used and disbursed by the Management Committee, as attorney-in-
fact, in the following order:
1. For payment of taxes and special assessment liens in favor or any assessing
entity, and the customary expense of sale;
2. For payment of the balance of the lien of any first mortgage or trust dee<!, with
interest any prepayment penálty;
3. For payment of unpaid common expenses, the assessment, with interest, made
for repair and reconstruction of the project, and all costs, expenses, and fees
incurred by the Management Committee in selling such unit and collecting the
assessment, not paid pursuant to 1 above;
4. For payment of junior liens and encumbrances in the order of and to the extent
of their priority; and
5. The balance remaiping, if any, shall be paid to the unit owner. Under the
conditions listed below in paragraph 34, Reconstruction, sub-paragraph C, the
balance remaining, if any, shall be paid to the unit owners based on the percentages
set forth in Exhibit B hereto. '
C. If the insurance proceeds are insufficient to repair and reconstruct the damaged
improvements. and if such damage is to more than one-third of the condominium units. and
if the owners representing an aggregate ownership interest of 51 percent, or more, of the
general common elements do not voluntarily, within 100 days after such damage, make
MOUNTAIN HEIGIITS CONDOMINIUMS I CCR
Page 20 of27
.·.·.·.·...·...,._·_·,·.:.·.¡;,~,:-t·r;.~i.'., '..:.:¡".,.~ . ;'.""'~ -' ~".-", . /," ,.., '- '0"-' .,::'" :~"'".ii<'"," t;i.'iL.; ';
091.8538
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COC503
provisions for reconstruction, which plan must have the unanimous approval or consent of
every holder of a first mortgage then of record, the Management Committee shall forthwith
record a notice setting forth such fact or facts, and upon the recording of such notice, the
entire condominium project shall be sold by the Management Committee pursuant to the
provisions of this paragraph, as attorney-in-fact for all of the owners, free and clear of the
provisions contained in this Declaration and the Map. The insurance settlement proceeds
shall be collected by the Management Committee, and such proceeds shall be divided by the
Management Committee according to each owner's percentage interest in the general
common elements, and such divided proceeds shall be paid into separate accounts, each
account representing one of the condominium unit designation and the name of the owner.
The total funds of each account shall be used and disbursed, without contribution from one
account to another, by the Management Committee, as attorney-in-fact, for the same
purposes and in the same order as is provided in subparagraph B, 1. Through 5. of this
paragraph.
If the owners representing an aggregate ownership interest of 51 %, or more, of the
units adopt a plan for reconstruction, which plan has the unanimous approval of all holder
of first mortgages then of record, then all of the owners shall be bound by the terms and
other provisions of such plan. Any aSsessment made in connection with such plan, shall be
a lien, and may be enforced to the extent and in the manner set out in subparagraph B of
this paragraph and shall be due and payable as provided by the tenns of such plan, but not
sooner than 90 days after written notice thereof. The Management Committee shall have
full authority, right and power, as attorney-in-fact, to cause the repair or restoration of
improvements using all of the insurance proceeds and any unit owner's payments for such
purpose notwithstanding the failure of any owner to pay an assessment.
D. The owners representing an aggregate ownership interest of one-third of the common
elements may agree that the buildings should be razed and new ones built, and adopt a plan
for the renewal and reconstruction, which plan shall require the unanimous approval of all
holders of first mortgages of record at the time of the adoption of such plan. If a plan for
the renewal or reconstruction shall be payable by all of the owners' as common expenses;
provided, however, that an owner not a party to such plan for renewal or reconstruction
may give written notice to the Management Committee within 30 days after the date of
option of such plan that such unit shall be purchased by the Management Committee for the
fair market value thereof. The management Committee shall then have 60 days thereafter
within which to cancel such plan. If such plan is not canceled, the unit of the requesting
owner shall be purchased according to the following procedures. If such owner and the
Management Committee can agree on the fair market value thereof, then such sale shall be
consummated within 60 days thereafter. If the parties are unable to agree, the owner shall
appoint his own appraiser and the Management Committee appoint its own appraiser and
the average of the two appraisals shall be the purchase price; or the owner may take the
matter before a Wyoming court for a judges decision, which decision shall be binding and
final. In the event of a court preceding, the owner shall be liable for all reasonable attorney
and court fees. The expenses and fees of such appraisers shall be borne equally by the
Management Connnittee and the owner. The sale shall be consummated within 60 days
thereafter and the Management Committee, as attorney-in-fact shall pay the purchase price
therefore in cash and shall disburse such purchase price for the same purposes in the same
MOUNrAIN HEIGHTS CONOOMINIUMS I CCR
Page 21 of27
11111'.
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09:t8538
COC504
order as is provided in subparagraphB, 1. Through 5. Of this paragraph, except as
modified herein. At the time of payment to such owner, such owner shall deliver to the
Management Committee, or its nominee, a good and sufficient warranty deed to the urtit,
fully executed and in recordable form, free and clear of all liens, charges and
encumbrances.
35. GENERAL RESERVATIONS. Declarant reserves the right until completion of the project
and until a written statement to that effect is recorded, by Declarant, to establish easement, reservations,
exceptions, and exclusions and for the best interests of the project.
36. COVENANTS TO RUN WITH THE LAND. Each of the covenants of this Declaration
shall run with the real property which is the subject of this Declaration, and each and every condominium
and every interest therein or pertaining thereto, and shall bind Declarant, its successors, grantees and
assigns, and all parties claiming by, through, or under Declarant. Each purchaser of any unit shall, by
acceptance of the deed or other conveyance of any such unit, be conclusively deemed to have consented to
and agreed to each and all of said covenants for himself and his heirs, executors, administrators, successors
and assigns, and does, by said acceptance, covenant for himself and his heirs, executors, administrators,
successors, and assigns, to observe, perfonn and be bound by each and all of said covenants.
37. ASSIGNMENT OF DECLARANT'S RIGHTS. Declarant reserves the right to vest any
entity with all or any of the rights, interests, privileges, easements, powers and duties herein retained or
reserved by Declarant, by a supplemental declaration,and assignment which shall be effective when recorded
in the Office of the County Clerk, Lincoln County, Wyoming, and Declarant shall thereupon be relieved and
discharged from every duty so vested in such other entity.
IN WITNESS WHEREOF, this Declaration þas been executed by the Declarant Effective as of the
date of recordation hereof..
DECLARANT:
BRUCE M. DAVIS AND BETTY B. DAVIS
of Afton, Lincoln C, ounty~ ' I
~"mc~
Bruce M. Davis '
1{,~6~
Betty B. Davis
STATE OF WYOMING
:ss
COUN1Y OF LINCOLN
The foregoing instrument was acknowledged by¡/ )"/.f~e JStj j}tf r,:.s'
.? e. H)' ¡II, PI/I' ¡' C on this /7~ day of IYø V
WITNESS my hand and official seal. .J:; 'v:1?£. =
Notary Public
and
2006.
(Seal)
My commission expires ~ t,. 2-th:? C
,
MOUNTAIN HEIGIITS CONDOMINIUMS I CCR
Page 22 of27
RON THOMAS .N olary Public
County ot State of
Lincoln Wyoming
My Commission Expires June 6, 2006
..',....:..,....,., t·.·
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091.8538
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EXHIBIT A
LEGAL DESCRIPTION
.
Lot 34 of the Star View Estates Subdivision, a recorded subdivision, Plat No. 568074, in Lincoln County,
State of Wyoming.
SUBJECT TO: AU easements of site or of record and more particularly described on the Plat map/s attached
hereto and all easements of site or record recorded On the Star View Estates Subdivision Plat.
SUBJECT TO: All Covenants, Conditions, and Restrictions set herein for the Mountain Heights
Condominium project and its Association and of record set for the Star View Estates Subdivision and its
Association.
MOUNTAIN HEIGIITS CONDOMINIUMS I CCR
Page 23 of27
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. .... ,,'-"'..}~'~r':O..:i!'..l"''''''~·f'''-·'''~..,,:.·:'I,;:..-... '.- .'~" ,.. '.. '.I..........~~:;,...!t..¡.,.,t; . '. ,,_,..,.,.:.,.:.;.~_ "'...:.:.
091,8538
r~,'1nt.~n6
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EXHIBIT B
PERCENTAGE OF OWNERSIllP
IN THE
GENERAL COMMON ELEMENTS
4 UNITS, AT 1I4TII (25%) VOTE FOR EACH UNIT
MOUNfAIN HEIGIITS CONDOM!NIU¥S I CCR
Page 24 of 27
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091.8538
EXIDBIT C
BUDGET FORM
.""'....;".""'..'................-f"~,,.',,," ,,..~..-.;r,..,4·.'...·..·,· '..,.' ·.f. "'_~'.....~,..":'.''''~:..'' .... ,. ,:""_;'_.:.1......'.,,_.,..._
000507
TIús fonn may be amended by a majority vote of the Association members at any annual meeting or special
meeting of the Mountain Heights Condominium Association and such amendment to be kept on file with the
Management Committee budget records and will be binding upon such majority vote thereafter.
SEE ATIACHED SHEET
EXIllBIT D
MOUNfAIN HEIGHTS CONDOMINIUMS I CCR
Page 25 of 27
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091.8538
rnrr.;r·8
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EXHIBIT D
APPROVED BULL YBARN PLAN
. This approved Bully Batn· Plan may be a1tered. or wholly amended by an unanimous vote of the
members at an annual meeting ór a speciàl m~ oftbe Mountain Heights Condominium Associåtion.,
and .such amendment will be in effeètand binding upon recordation of the amended EXHIBIT E With the .
Clerk of Court or Lincoln County.
BULLY BARN PLAN
112" OSB Sheèitmg!
4" x S"' ridge"beam:
4 ~-·x 4-;' post :
4- 'x g')téadei' .
FRONT 'ßLEVAfiöN
e.
1:'-
. ,
_ _ _ _ ~ _ _...:. ""::.i _ _ _ .._.., _ _ ... .
4· X 4" post
4· x S" header
-""II,,1..t
112" OSB Sheeting
4IÍ X S" ridge beam
~.,.I':'" · t"~:. -J.', _..~ ~" ~''''I:·. _'.- :. ·_::t.-'.r".'" :!~ ,-:~..~:. 'I.,.. ~":.':.'"
.
4068 DOOR
hingèdon one side .
or
l~n~ed on both sides
12" over h~g
.. ..
o 00
I I
:: \0
, -
REAR Et.~Y AnON
-. , ~
. .<4 t··· .' '1 .'
... 4030 SLIDER.... ._
optiona14020' slider)
4" monoliti~c concrete slab
with 2 rows continuous
# 4 rebar around edge on
'4" èompactêd.graded fill
. .
~
1
MOUI-ITAlNH~C~'co.
-.----
. Page 26 of27
SCALE: 1/4" = 1"-0"
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091.8538
C005ng
BtJL~ Y BARN PLAN
(continued)
'SIDE
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11
t( .
~
copctctc ap(OQ
. ~ '.
FI,.OOR~LAN
!2'.o" xî6'-O"
¡~
t
-,0
i~.
~
. lúol1olitlúc around perimeter
4" poured c;oncrete slåb on
4" compacted grated fill
with 2 rows # 4 rebar
continuous arowul perimeter ;
. .~
., .S ..
q q
.~ ('oj ~.
....
*
q
~
1.._._...... ..
.. . - ... . . . -
. -. ..... .. _.. . .. .
_______..J
16'-OU .
I
SIDE ELEVATION '
shingles tQ match.
c~ndo building.
composition shingles on
112" DSB sheeting with
2" x 4" (D.fters @ 16" D.C.
~
Õ\
I"'x 4" trim to match
condò building
siding stained t~ match .
con.do building
2" x 4" @ 16" D.C. ~all
coru¡truction with
·4' x S" T-I-Il siding
Bolted to concrete slub each 4'
min. 12" below grade
monolithic concrete
, 'I
-.- - - ...
- - -' - - '..-- - - - - .. -..... -... ..-
MOUNTAIN HEJGHrs CONIndlNIUMSI cca.
Page 27..of~7
SCALE: 1/4" = l'-O'~
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091..8538
~uaget~onn ~AMPL~
MOUNTAIN HEIGHTS CONDÖMINIMUN ASSOCIATION
MONTHLY ASSESSMENT MAKE; CHECKS PAYABLE TO MOUtlfAlN HEIGHTS CONDOMINIMUM ASS.
P.O. BOX 946
AFTON, WYOMING 83110
TO:
NAME
ADDRESS
TOWNlSTATE
ZIP
PATE
t;( :·~i1~j!if~i_¡!!;:;;;¡); ¡
0005.10
BUDGET YEAR 2006
DATE BILLED mm/dd/yy
DATE DUE mmJ10/vv
MONTHL YDUE: $135.75
SPECIAL DUE: $0.00
INTEREST DUE: $0.00
ITOTÄL"DUÉ:..:'/J ,;'. ':$135~75;1
œTACH NÐ RE1\.RItT~ pQfmON wnH PA"NENJ'
DESCRIPTION
WORKING CAPITAL
CURRENT ANNUAL
SPECIAL ONE TIME
02101/06 Exterior Staining
Siding RepaIr
Utilities Maintenance
Fence Maintenance
Building Insurance
Addition Buget COsts
$120.00
$60.00
$30.00
$30.00
$300.00
$50.00
DATE
Lawn & GardenIng
Snow Removal
Garbage Removal
Star View Estates Ass.
Atldition Buget Costs
$210.00
$21 Q.OO
$180.00
$339.00
$100.00
TOTAL BUDGET
TOTAL
PAYMENT
Payment # 1
Payment # 2
Payment # 3
Payment # 4
Payment # 5
Payment # 6
Payment # 7
Payment # 8
Payment # 9
Payment # 10
Payment # 11
Payment # 12
TOTAL PAYMENTS
,HOW PAID
Sample Payment
$135.75
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$135.75
PLEASE PAY BY THE TENTH OF I;:ACH MONTH 1/12TH OF THE tOTAL BUDGeT
Special One Time Cost
Interest & PenalUes
$0.00
$0.00
BALANCE
$120.00
$60.00
$30.00
$30.00
$300.00
$50.00
. $210.0Q
$210.00
$180.00
$339.00
$100.00
$1 629.00
REMAI!'IING BALLANCE
$1,493.25
$1.493.25
$1,493.25
$1,493.25
$1,493.25
$1,493.25·
$1,493.~5
$1,493.25
$1,493.25
$1,493.25
$1,493.25
$1,493.25
'$135.75
$0.00
$0.00