HomeMy WebLinkAbout919536
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C00034
RECEIVED 6/21/2006 at 2:32 PM
RECEIVING # 919536
BOOK: 624 PAGE: 34
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
DECLARATION
of
COVENANTS, CONDITIONS AND RESTRICTIONS
for
ROCKY POINT CONDOMINIUMS
in
LINCOLN COUNTY, WYOMING
May 2006
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COO-035
INDEX
Par~mph
Pag~
D~finitions ........., .... ..........,.,... ......:..............,... .................. ................ .... ..........., ,........, ". 1
Scope· of Project...................... ............... ..... ......... I...... '" ................'.., ............................ 2
Map,' ...... ......... ........ ...,................. .... ....... ..... .............. ..... .................................. ................ 2
Division of Property into Condominium UtJ..its............ ,..............."..... .......................,....... 2
COmmon Elements.... ...... ......... .........,.... ........,....... ........... ....... ,.. ........, ........, ......... ............ 2
P61'king S p~ces .... ....,. ........ .......... ................... ............... .................... ,....... ......... ............, 3
Separate Assessment a.:qd Taxation .. .................... '" '.. .............., ,............. ................ ........ 3
O'l¥I1ersbip ..~ Title ......... .................... ...... .... 'n..............,.. ...................... ".n.. ........ ........... 3
N on-P artitionabillty ,...... ........,.........,... ...... ..... ......... .... .......,...... ........ .................,............. 3
Use of Common Elements ............................................................. ..... .................... .......... 3
Use and Occupancy by Declarant ..................................................................................... 4
Certain A,.dditionaI Restrictions .. ............. .............. ........... ................... ..... ............ ..... ,....... 4
Easemell't$ for Encroa.chments . ......"..........,.."........... ........ ....,.............. ,.............. ....,.. ..,.,. 6
The AssociatiQn ...,. ........., .n......, ........ ............... .............. .... ....... ':..,..,....................... ...,... 6
MMagement Comm,ittee ..... ........ ,............................. ...... ....... ...,........ ...:.... ........ .............. 8
Povvers and Dutie.!j ofManagetrJ.ent COramittee ............................ ....... ............ ................. 10
Manager ..... ..... .......... ......... ......... .......". ........ .................. ..................... ,.. ..... ......... .......... 12
No \Vaiver .................. '................ ........:. ..................... ......... ........,'.. .... ....,. ..... ...... .......... 12
Compensation ..... .... .......... ..... ..,. ............ ................. .......... ........... ......................... ..... .:. 12
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Accounts ...... .......... .................. .... .......... ................ .............".................... ....................... 12
Indeznnifica.tion ,....., '... ............... ............. ......... .,................ ..... .......,.... ........ ......... ........... 12
Exculpation . ........ .................... .... ........... ............ ........... ................... ........ .......... ......: ...... 13 .
. Bxatnination of Books .. ......... ................ h..... ........... ....... .......... ,...... ......... .... .....:. ............. 13
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J,Y.j,¢c anlC S len...... ...... ......... ........ ........,. ....... ..,.......,................ ...,,,.... ............ :..... .......... :)
R/;servation for Accesa ................... ....... ..... ............. ..........: ........ ....,.,.......... ....... ,.............. 13
Maintenance Responsibility................ ...:.......',.. ............ ........ .....,......... .... ................ ....... 13
Compliance ....,........ .........,...... .................... .............. ..... .., ........ ..:........... .... ................... 14
Restrictions Relating to InSurance Coverage ................................................................... 14
Revocanon or Am.endro,ent to Declaration ..................................................................,... 14
Additions. AlteratioIlS a:nd Improvements ................ ....... .:............ ....... ......... ............... :... 14
Asses~rnent.s ...,........... ..............,...'.. .......,.,...... .............. ...................... ......... .......... ....... '14
In.surançe .... ..... ...,.......,. .........,....., ............. .......... ................. ..........., ....,............. ....,....... 1 5
33 Owner's Personal Obligations .....' ............... .................., ........... .......... ..... ............... ........ 16
3 4 Foreclosure of Lien ...... ....,........,.. ......, , ............ "'." ......... ...................... ....... .............,...: 17
35 Mortgages........ ......... .................. ........ ............ ..... ....... h.... ...........,...,................. ....,....... 17
36 Reconsnuction!...,.... .................., ........."., ................ ...... ............,..... .......... ........,....... .... 17
37 General Reservations ...... ................ ..... ........,.... '.u" ........................,. ............. ....... ......... 21
38 çovenants to Run With Lac.d .:..................................................................................... 21
39 ; ,Assignrnent of Decl~ant's Rights ...................................,............................................... 21
Exhibit A - .. Property Description
Exhibit B .. .. Percentage InterestS
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DECLARATION
of
COVENANTS, CONDITIONS AND RESTRICTIONS
for
ROCKY POINT CONDOMINIUMS
TIllS DECLARATION is made by the undersigned Declarant for the purpose of defining the
rights and obligations of ownership for the ROCKY POINT CONDOMINIUM 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 " Rocky Point
Condominiums"
c. The individual condominiums and related common areas will be owned, l11anaged and
maintained by a Wyoming non-profit corporation 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, conditions, restrictions, reservations, assessments, charges and liens contained in this
Declaration, all of which shall be enforceable equitable servitudes and shall run with the land.
NOW, TIiEREFORE, the Declarant does hereby publish and declare that the following covenants,
conditions, 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,
"Unit" means an individual condominium 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.
"Owner" shall mean the record owner, whether one or more persons andlor entities, of recorded
title to the full and exclusive use of a specific unit, including contract buyers of record
but excluding mortgagees, contract sellers or others having such interest merely as security for
the peñormance of an obligation. An "Owner" shall mçan 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
Page 1 of24
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C00037
as the representative of all the ownership of such unit for purposes of giving notices, voting
and other matters.
"General common elements" and "limited common elements" shall be designed as such on
the applicable plat map(s) for the project. References herein to "common areas" are
references to the general common elements.
"Common expense" means expenses for project maintenance, repair, operation,
management and administration determined in accordance with this Declaration.
"Association" means Rocky Point Condominiums Owners Association, a Wyoming
nonprofit corporation, and its successors.
''Management'' Committee" means the board of directors of the Association.
2. SCOPE OF PROJECT. The project consists of the construction of9 units,
together with on-site parking facilities for such units and other common areas.
3. MAP. Declarant reserves the right to amend the plat map(s), from time to time,
to conform the same according to the actual location of any of the constructed improvements and to
establish, vacate, and relocate utility easements, access road easements, and on-site parking areas.
4. DIVISION OF PROPER1Y INTO CONDOMINIUM UNITS. The real
property described in Exhibit A , and the improvements located or to be located thereon, has been
platted for division into separate fee simple estates, each such estate consisting of a separately
designated unit and the undivided percentage or :&actional 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), shall 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. A11 of the ownerS of condominium units in this condominium project
shall ~ve a nonexclusive right in common with all of the other owners to use of sidewalks,
pathways, roads, and 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 well and lines, septic system, propane
and other utilities are also common elements.
Page 2 of24
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Each ùni~, thè 'app,1.µtenant ~ndivided inte¡est in the general conunon elements, and the
appurtenant limited COmn1on elements shall together compromise one condominium unit, ~hall be
inseparable, ~d ma.y be conveyed, leased. devised, or encumbered Dnly as a. condomini\Jm unit
Every contract for the sale of a oondominium unit written prior to the filing foJ,' record of the
map way legally describe a condominium unit by its identifying mlit designation, followed by the name ..
of this project, with further reference: to the map thereof-and the Deolaration to be filed for record.
S1.\bsequeI1t tD the filing of the map and the recording of the Declara.tiD~ every deed,lease, mortgage;
trust deed, will, or other instnlment may legally describe a condominit]Jn unit by its identifying unit
designation. followed by the name oft1ùs project. with further reference to the map thereof filed for
record and the ¡;-ecorded Declaration. Every such description shall be gO'Od and sufficient for aU
purposes to sell, cOD.vey. transfer. enQ1.UIlber, or otherwise affect not only the unit but also the general
CO~on elen:te~rs and the limited conµnan elementS appurtenanttheret~. Each such description shall-
be cqnstrued to include a nonexclusive easement from. ingress and egress to an owner· oS t1IÚt and use
of all Qft ::¡.e general COn::qnon elements together with the right to the use of the appurtenant limited
commoIJ, elements. The initial deeds conveying each condominium qnit may contain reservations,
exceptions, and exclusions which th~ DecI~t deems to be consistent with and intha best interest
of all C:OMominiUID. unit owners.' .
5. P A.RJ:CfN' G SP ACES. On~si te parking areas and related facilities sh.aI1 be under the
control of the Declarant utLtil the project has been completed. Thereafter, the parking areas shall be
under the control of the Management Committee, Only MO vehicles per unit will be pc:rm.itted.
7. SEPARATE ASSESSMENT AND TAXATION, Ea,él¡ unit and the undivided.
ir¡.terest in 111e common elements appurtenant thereto shall be deernl:d a separate tax parcel and subject
to s~parate assesament and taXation.
,8. OWNERS.HIP - TITLE. A UD,it may. be held and owned in any ·real, property
tenancy relationship recognized under the laws of the State of Wyoming.
9. NON-PARTITION ABILITY, The common elements shall be ovrned by the
As~oc.ia.~ion in cormnon for all of the owners oftha units and shall remain undivided, and no åwner
shall bring action for partition or division Dfthe common elemeQÌS. Nothing contain~d herein shall
be construed as a limitation of !he rights of partition of a unit b,etween the owners thereof, but such
partition shall not affect any other 1.U1Ìt.
10. USE OF C OMlVI ON ELEMENTS. Each owner shall be entitled to exclusive usage
and posaes-sion of his or her Ilr\it and ~y related limited coznmon elements, subject to the rights of
the Management Committee .set fort];¡. herein. Each OV(11er ma.y use the genera.l common elements in
~ccorqa:nc;e wi th the purpose for which they are intended, withDut hindering or encl'oacwng upon the
lawful rights of the owners. The exclusive right to repair, maintain and replace the units is reserved
to the Management Col!l.tI'littee as provided herein, and the express writtea approval of the
page:3 of 24
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Management' Cõ~ttee is re:quired for any improvement, painting. fencing, repair or alteration
earned out by an owner,
A un.i~ may be used and occupied by the applicable owner, his or her family and their guests '.
aod invitees; provided, however, that such 'Use at.\d OCCl.lpancy shall be limited to private, single family
residential purposes oAly, The use of a unit for more than 30 da.ys at ,a time by three or more .,
llrlrelated individuals is prohibited. Any time-sharing Or any otÞ.er similar arrangenlent, where by the
1JSe of a unit is in effect allocated between different persons for separa.te repeating time interval.!!, is
e)(press1y prohibIted.
Co.nfonnity with any and all applicable !and use regulations of Lincoln. COUQ.ty shall be
req"ñred, in addition to the requirements of these Covenants and any related rules. and regulationJ3.
In case of a.ny conflict, tþ,e more sningl':nt requirements shaH govern.
Only singl~~fami1yresldentí~ USe shaH be permitted.. No commercial, industrial or other non
sÎl1gte~family residential use whatsoever shal! be permitted in any u.n.it, with the e:x:ception of an artiSt
studio, wo:r1<shop, private office o!1lldsuch otHer endeavors not requiring a.ccess to the Property by the
genenl public, employees, indepenqent con.tractors or business inYiteas in a m.a.nner which would
adversely únpactthe neighborhood, and the Management ComnJ.ittee may impose restrictions in that
regard. , ,
11. USE AND OCCuPANCY BY DECLARANT, The Declarant and Declarant's
employees, 1'eptese.Q.ta,:iv~s, agents, and con~ctors may maintain a business and sales office,
construction fa.oilities and yards, rnoc!el units, and other developer's facilities necessary Or desirable'
to De¡c1arant during the constroctíon and sales period. .
12. .CERTAIN ADDITIONAL RESTR.TCTIONS. The following additional restrictions
are applicable to tho units and cornmOn areas. Each reference to "owners" includes their teIlf\nts and
invitees.
a. KeerJfng 91ftside Areaj Clean Clnd Sirrhtl'/... The Owners shall not place or .!1tore
anything witb,in the Common areas witbout the prior written consent of the Management
Com:mittee Or itS designe~ exçe:pt in a fapiIity specifically designated or approved for their
storage. All o'\.vners shall l~eep their residences and their units in a reasonably clean. safe,
sightly. and tidy conditiol1, No clotheslines will be permitted, Any tires, lawnmowers, garden
equipment, cbildreD,S' toys and other siœilar items must be stored and, appropriately Screened
from the pubUc view when not in use. No antennas Or televisioll "dishes" in excoss of24
inches in diameter or other items ma.y be placed in public view or Upon any of the common
areas or unitS without the express 'vvritte¡¡ consent of the Management Committee. Refuse,
garbage and trash shall be kept at a.ll times in a covered con~ner, and such covered container
sha.ll be screened frpm view a.t ~ times other than a specified regular time period for garbage
pick-up. The parking ofrecre~rjonal vehicles, motor homes, trailers, boa,~s, Snow mobiles.
Page 4 9f 24
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co.mpër-bOdios· and inoperative vehicles is prohibited in parking areas, garages a.nä other
COmmon areas. The Managem.ent Committee shall have full power and authority to regulate
the parking and storage of cars, trucks, bicycles,lnororbikes, motorcycles and other similar
vehicles and equipment. and to regulate tl1e use ofroadways by imposing and enforcU¡g speed
limits B.:Qd other restrictio.n&, all with filll pOwer a.nd a.uthority to impose and enforce (by
special assessments hereunder or otherwise) fines and other penalties for violations of such '.
regulations. .
b. Obstructinr¡ C07nm011 Af'eQ.!. Owners shall not obstruct conunon areas. Omlðrs shall
not place orstore anything within the common areas without the prior "witten consent of the
Ma.oa-gecnent Committee or its designee except in a facility specifically designated or
approved for such storage.
c. No Fireworks. The discharge of fireanns, firecrackers or fireworks is forbidden.
d. 8!',?,'nS. Withol,1t prior written consent of the Management çOmm.irtee. OWners shall
not pennit any sign of at1y kind to be displayed to the public view from the unit or from the
appurtenant common areas, Said restrictions shall not apply to the Declarant during the
construction Of sales period or to traffic signs, uqit designañoJlS, project designations or
similar signs displayeçl by the Management Committee Or the Declarant.
e. Animal.!. Owners sh~l not permit animals of any kÎl1d to be raised. bred orkept in
their unit, excepf that occupying owners only ma.y keep up to 1 dog and 1 cat with the
permission of the Management COl1lItÙttee, ~d other 'small pets kept inside are permitted on '
a reasona.ble basi~J all subject to the limitations set forth herein and to rules and regu.lation~
adopted by the Management Committee from time to time. Any animals perD:lltted to be kept
on the property at any tÎ1ne shall be restrained and controlled at aU rimes so that they do not
cause a nuisance to other owners and do Qot harass or endanger wildlife. Occupants of a unit
and the owners thereof shall be respoD.$ible for the immediate removal and sanitary disposal
of "litter" left by their pet$ and those of guests within the boundaries of the project.
STRICT DOG CONTROL WILL BE ENFORCED. Specific writtenregisti-atíon
with the Management Conuninee is required for dogs to be kept in any urút. Large dogs.
dogs which are not kept strictly as house pets, and dogs owned by persons other than owners
and their families, may be banned cDmplecely by the Mana.gement Committee at o.ny time.
Any dogs on the Property at any time may be ÏlnpoUllded by the Management Committee. and
tQ.eirrêlease may be conditioned upon the payment oia fme Of penalty, qo matter ",,:,ho own,s
the dog. The public is hereby puton14otice of Chis rule ~ ofthe potential effect if a member
. of the public permits their dog to be on the properry at any time, whether or not they are
aware oftbe whereabouts of the dog. STRICT DOG CONTR.OL IS ESSE:NT1i\L TO THE
QUALITY OF THE PROJECT.
Page S of 24
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f. . .limttcltiohJ on Cerrcn·hAcrÍVitie~. OWners shall AOt pennit any obnoxious Or offensive
activity or nu;sance to be caffied On m Or around their onil or in the CO=on areas. No light
.boU be emitred or reflectod ftOQl any onir which is unreasoilllbly bright or ca,"""
unreasonable glare for ~y acijacent O'l,Ÿ'Iler. No unreasonably loud or annoying noises, or
nDxious or offensive odors, shall be emitted trom a:r¡y unit. The NranagenJ.ent COmmittee is
expressly authorized to regula.te and limit the use of woodbUrning stOves and fireplaces.
g. Architectural CO","ol. Except as otherwise e"pres.ly provided berein. no building,
fence, wail, driveway, excaV¡ition or improvement of any .kind shall be commenGed, ~rected
or maintained upon the property, nor shaU any exterior addition to Or change Or alteration
therein be mad. (including without lilDitaliou any closing in of a porch or balcQny) by any
O'V\'ner other than Declarant. until the plans and specifications showing the nature, kind, shape,
height, ·materiFIls, and location of the same sball bave been submined to fU1d approved in
writing by the Management :COmmittee. as to hannony of external design aJJd location in
relation to SutTounding struCtures and topogra.phy, and in relationship to the qUi1lity and
a.ppearance of the proj~ct.
h. C0771'"liCln~e with Rule$ and ReI!Ulatio!J.:!,. OW't}ers shall not violate any rules and
regula,tioflS for the use of common areas adopted by the Management CoInntittee and
fu¡ojg ¡od in writing to the owners. Fin., anrI other penaJti.. for violatio". theroof may be
imposed and enforced (by Special assessment or orb.erwise) by the Management Com.nUttee
for violations of auch mIe, and regu!ations, anrI it 1, ""Pressly Undemcod that owners may
be held responsible for acts oftbeir tenants and invitee.!!.
i. Wildlife P'l'OteCtloh. There shall be no use Or cultivation of plant materia.ls attractive
to mule deer, and artificial feeding of mule deer is prohibited.
13. EASElVŒNTS lIORENCROACBMENTS. !fany portion of lb. CCDlQ10n eI.menrs
. . ~
encroaches upon units, a valid easement for the encroachment and for the maintenance of Same, so
long as it stands. s.ha1l and does exist
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14. THE ASSOCIATION.
a. Membe1"shiI!.. Ea.ch O"''Vner shalL belong to the Association by virtue of owni.ng deeded
rights to usage of a unit in the project COvered by this Declaration. By the sale or ather
~a.nsfer of deeded rights to usage of a unit, the transfem.ng owner's membership in the
A:¡sociation shall be: ipso facto transfened to the transferee of such unit.
.b. Annual MeetfY1g. There s1WI be an ànDJ.UlI meeting ofth~ AssoOiation. ro be held in
each calendar year, at the Pro)ecl site, or al such other place, date, or thne as may be
designa.ted by wril:1:en nQtice of the Management Committee to the owners not less than
. fifteen days prior to tl:t.e actual date fixed for said l!Leeting. At the annuallI1eetinS, the
Page 6 of ~4
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Manigèment ¡,on'uIDnee 'hall present an audit or fiaancial review ~fthe common eXþenses,
it<múzing receipts and di.. bursemant. for the preceQing calendar year, the a!1oc.tion thetoof
to ea.ch OWner, and the estún:¡,ted com.m.on expenses for the corning calendar year.
c. Sp.ecial Meerings. Special meetings of the Association may be held at any time, either
Upon the call of owners possessing a one-fourth Î.I1terest in the units, or upon the ca.!l of a. "
majQrity of the Managemer¡t COmmîttee. Upon such cau, or the receipt of such call, the
Ma..oagement Committee shall send out 1,vritten notices ofllie meeting to ail oWners, provided
that such notice is sent nQ t less than fiftean days prior to the date fixed for said meeting, and
shall specify the date, time, 'place, and PUWose for said meeting.
d. NDtice of1llfeeting.§.. A written Or printed notice of every .meeting of the ASSociation
staring whether it is an annual meeting Or special meeting the authority for the call of the
meeting. the place, day, and hour thereof and rhe purpose therefore shall be give~ by the
Management Committee at ~east fifteen days before the date set for such meeting. Such
notice shall be given to each o\VllerÍD, any Dfthe fOllowmg ways; (i) by leaving the same with
him personally, or (ü) by leaving the 'ame at his or her usnal place of busÌ!:te.., of (üi) by
mailin.g it, postage prepaid, addressed to such owner at his address as it appears on the
records of the Management C0111lrtittee.
e. Waiver ofNDfÏce. The pr~sence of all O'flners, either in person or by proXy, at any
meeting, shall render the Same a validrneeting. A.ny meeting so held, notwithstanding the fact
that no notice of meeting was given, Or that the notice given was improper, shall be va.!id for
all P!"P0'es, and at SIJC/¡ meeting any genenù business may be transacted and any action may'
be taken.
f. Ouo>=, At any meeting of the Association. thO$' pre..nr in'person or by proxy,
Whose a.ggregate interest in the units consritutes a majority ofthe aggregate interest.$ oraU
Owners in the units, shall constitute a quorum. Once such quorum is present, the c:o.Qcu11'Ìng
vote ora majority eftho.e present on any matter .haJI be valid and binding Upon the owners,
unless otheIWise expressly provided by this Declaration. The Association .may al.so act
without a. meetiD.g by mitten consent of a. majority ofth~ voting pOwer of the OWners entitled
to vote. Whenever ill this Declaration the consent or approval of OWners is requireä. such
approval or consent shall be given p'lU"S1l8.nt to this paragraph at a meeting of the Association
or by a written, unless otherwise specifically provided herein.
Page 7 of 24
. g, Voting. A:!J.y person or entity or combination thereof, owning any unit in this project
duly facorded .in his, her Or its name. as determined by the records of the Management
Committ;,e shaJI be entitled, either Ì!:t Person or by proxy, to Cll,rt one VOte per unit. Any
provision to the contrary notwithstanding, CO..ovvners or jam! owners s/1011 be deemed liS one
owner. The authority given by an owner to another to represent S1+ch owner at meetings shall
be in writing, signee;{ by such member, or ifa unit is jointly Q'Nned then by aU joint oWners, ar
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if such -owner is a. Corporation, by the property officers thereof. and sha.U be filed ....vith the
Management Committee, and unless limited by its terms, such authority shall be deemed good
until revoked in writing. An executor, adminlstrator, guardinn, or trustee may vote in person
or by P1;'oxy with respect to ~y unit o"vned Or held by him in such capacity, whether or not
the same sQa11 h~ve been transferred to :his na.¡ne by a dt;ly re;corded 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 determined by the
records of the Management Committee, the vot~ therefor may be ex:ercised by anyone ofllia
olNners present in. the absence of protest by the other or others.
h. Ad;ournment. Any mðe!mg of the Association may be EldjoUITu::d frorn time to time
to such plaoe and time a.~ may be determined by a majority vote of rhe members present,
whether a quorum be prese.Qt or n0"4 in accordance with the notice provision of this Section.
1. Fiscal fear. The fiscal yea.r of the Association shal! end on December 31 of each
year, Or as otherwise detennined by the Management Committee.
15. MANAGEl\1ENT CO~E,
a. Creation and Purpase. There is hereby created the Management Committee,
consisting ofthrc;e (3) members. Subject to (b) below, ea.ch member of the Management
Conunit:tee should be an owner (or a duly authorized represenra.nve of an owner which is an
entity) of a unit in this project at all times during tbis tenure. The purpo~es of the
ManAgement Conunittee shall be to govern the affalrs of the project on behalf of th.e .
Association as its board of directo.('s.-
b. Inr8Tžm Commitree. Appointees oftl:te De~lara.nt need not be oWners. As noted in
(k) below, until a CÙtte which ís three years from the date of recordation of this Declaration,
the Declarant shal+ have th,e opcion to appoint and remOve all tha members of the
Managemen~ Committee;
c. Term. The Management Committee members snail serve Ilst~ggered" tenns orthree
years each, 'with the initial three terms being for one, two and three years, Each .rñember of
the Management Committee shall hold office until the .q.ext applicable annual meeting of the
owners and until his or her SUccessor shaU·.1lave been elected and qualified, or until dea-m,
resignation, Dr remo val, if on~ of the la.tter events occur~ Sooner; provided however, that if
any member oeases to be an OWner Or a. duly a.uthorized representative of an OVID.er which is
aa entity, then, his Or her membership on fue Management Committee shall thereupon
automatically terminate.
d, Cumu(arive VCJting-. At any election of Committee members, the vote attributable to
each unit may not be accumula:ced by the owner thereof.
Page 8 of 24
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e. . 'J?e.Jignatž017 Cln.d Removal. At any regularmeetmg Or special meeting duly caÜed, any
one orrnore of the members of the Manager.uent Committee may be removed with or 'tYith.out
caLlse by a majority vote of the o'wners and. a SucceSSor may then aIle! there by e!ecteq to fIll
the vacancy thus oreated. Any member whose removal has been prQPos~d shall be given an
oPportunity to be heard at the meeting. Any meznber may resign at any tirne by gi ving "vritten
!lotice fO the Manager.
f. VaClZ7"IOll" k¡y vaca.Qcy in the Management COmmittee occuning during a member's
term shall be filled for the balance of that member's tenn by appointment made by the
Management Committee.
.."
g. Proceedings. If all members of the Manageme.nt Committee are prc;:sent, a majority
vote shall be the act of the Management Committee; however, two members of the
Management COnuuittee shall constitute a Q11OrtlIn, and, if a. q1,Wru¡n is present, the unanimous
decision of those present shall be the act of the Manage:cnent Committee. The Manag~ment
CQ~ittee sI:¡.all elect a chairm;m to preside over its meetings fl'\1d those oftb.e Association:
Minutes oftb.e meetings of the Management Committee shall be maintained and available for
inspection by a.ny owner. 'Meetings of the Management Committee may be called, held, and
conduct~d il1 accordan.ce with such regulations as the Managernent Committee may adopt
The Management Committee may also act without a meeting by unanimous written COnsent
of its mem.bers. .
h. Retrtdar Meetim¡.Y, Regtflar meetin.gs ofllie Management COmmittee may be held at "
~uch time and place as shall be detemú:ned, from time to tin:te, by a majorit:y of the ,
Management Committee, NQtice of regular meeting,5 ofrhe Man~gement Comr:nitte~ shall
be given to each member, perSOnally Or by mail. or by telephone. at least five days prior to the
day named for such meeting.
i. $pecžCll Meetine_~. Specia.l meetings of the Management Commitree may be called by
ifS chairman on five day's notice to each member, given personally, or by m.ail, or by
telephone, which notice shall ~ta.te the tim.e, place, and purpose ofth~ rneeting.
, .
j. WaiV21" or No !it! e. Before or at any meeting of the Management COmmittee, EJIlY
member may, in w-rlting~ waive notice of such meeting and such waiver shall be deemed
equivalent to the giving of such notice, Attendance of a. member at illlY n:¡eeting of the
Management Committee shall be a waiver of notice by him or her of the time and place
thereof. If all the members are present at any meeting afthe Managea:¡ent COmmittee, .no
notice shall be required and any business may "be transactèd at such m.eeting.
k. Initial Control Period. Until a dat~ which is three years from the date ofrecordation
ofthls DeclaraLion, the Dect~t shall have the option to appoir1.t and remove all members
of the Management Committee, to appoint and remove all officers of the Association, and to
:Page 9 of 24
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exercìsë . thë powers and rès.{'orlSibiliries otherwise assigned by the Declara.tion' t'a the
Association. Declarant shall have the optIon at 8.1ly time, by an express written ci¿:claratian,
to turn aver to the Association the tatal responsibility for electing and removing members of
the M~gement Committee and the officers.
"
, .
16, .POWERS AND DUTIES OF l\iJANAG;ElYIENT COMl\ilITTEE. Subject to the "
rights ofDecla.ran~ the Management COmmitree shall have the powers and duties necessary for the
administration, operation1 and maintenance of the project. Such powers and duties of the
Mana.gement COtnmittee s.b.all mClude, btn shall IlOt be limited to, the following, all of which shall be
don~ for and on behalf of the owners of the units:
.
a. To ndminlster and emorce the covenants, restrictions, e?Sem.antJ conditlo:Qs, uses,
lÍI:!lÍtations, obligations, and all other provisioQS set forth in this Declaration.
b. To establish, make, and enforce compliance with $~c.h. rules and regulatiot1:ï (including
~thou~ lÍ1l1itation enforcement provisions s-uch as fines) as"may be necessary for the
operation, occupancy, and peaceful and orderly use and e.t1joyrnent ofrhe µnitS" and
cOm!1;lon elements of this project, with ¡he right to ~end said roles and regulations
from time to time.
c. To incur such costs and expenses as may be necessary tò keep m good order,
condition and repair aU of the COInmon elements and all iterns of common personal
property.
d. To insure and keep insured all of me unitS' on the units and all insurable ~om.tnOn
elements of the properry and all of the common fIXtures, equipment, and persona!
property against Loss due to fire, extended Coverage perils, vandalism and malicious
mischief: in an amount equal to the full insura.ble replacement Costs. Further. to
obtain and mWitain ,comprehensive public liability insurance covering the entire
premises and insllrÙ1g the Ma:o.&.gement Comnrlttee and the Manager, if any.
e. To prepare a. budget for the project, a.t least wmually. in order to determine the
amOl.mt oillie asSe:S5m«:nts payable by the owners ,to meet the C0111,I:non expenses of
the project, and allocate a.nd assess such common charges among the Owners on a unit
by 1.lnit'basis~ ~d by majority vote of the Management Committee to adjust, decrease,
Or increase the amOUtl.t of the quarterly or monthly assessm.ents, and remit or r¡::t\lm
any exce.ss of assessments Over expenses, working c~pital. sinking funds, reserve for
defelT'ed maintenance and for repla.cem.ent, to the oWners at the ðnd of ea.ch operating
year.
f. To levy one or more special a.ssessments Upon all owners in the same manner as
general assessments whenever the general assessments shall appear to the
Management Committee to be insufficient to enable it to carry out. its obligations in
Pa~e 10 of 24
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. 'é'Onnection with th~· opera.tion of the project, or whenever th~ Management
Committee is required to make an expenditure under or 4I connection with the
Declaration for which there are not sufficient funds availa.ble in the maintenance fund.
One 01' m.ore special assessments maybe levied by the Management Committee upon
less than all owners when permitted by this Declaration. Unless Ihe Management
Committee otherwise notifies the owner orO'\.VIlers against whom a special assessment
has been leVied, the special assessm.ent is payable in full on the date specified in the
notice of the levy.
g. To coUeot de~nquent assessments by suit or otherwise and to enjoin or seek damages
ñom an owner as is provided in this Declaxation. and to enforce Ii late ch2¡rge of 5%
of an amount in defa.ult aud to collect interest at the rG-te of 12% per annum in
connection with assessments in' default, together with ail expenses; including
reasonable attorney's fees incurred.
h. To P(otect and dßfend on behalf of the project any ParJ: Or all of the project fi-om loss
and damage by suit Or otherwise.
i. To borrow funds in, order to pay for any e¡cpenditure or outlay required purs~t to
the authority granted by the provisions of this Declaration, and to execute all such
instruments evidencing such indebtedness as the Mana.gement Comznittee may çleem
v.eces~a¡:y aud give security thereof; provided, however, that his provision shall not
be deemed to give the Management CoIlU'Ilittee the power or right to plw:e any IieI1S
On any units. Such indebtedness shall be the several obligations of all of the Owners. .
j. To enter into contracts tó cany out their duties and power:s.
~
k. To establish a baul< account or accounts for the Comm,on treasury and for all separate
funds which are required or may be deemed advisable,
1. To make all rep~ anet do al11IlaintenMce to the commOn elements and the units.
m. To keep and maintain full and accurate books and r~cords showing all of the receipts)
~en.ses,and disbursementS, and to pemlit examination thereof at any reasonable
time by any owner.
n. TD prepare and deliver annually to each o\yner à statement showing receipts,
expenses, and disburseIPenr.s since the Last such statement.
o. To m.eet at leaST once each year.
Page I I of 24
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p. - To designate the persó$e[ necessary forthç: maintenance and operation of the general
and limited common elements.
q. In general. to carry on the a.dnlinistratian of the project and to do all things necessary
and reasonable in order to cany out the governing and the operation oithe project,
r. To control ¡md manage the use of all parking areas.
..
17. MAN AGER. A.ny Manager shall have and exercise such powers as are granted to
the Managerp.ent Coro.mittee hereunder (and any power herein delegated to ~ Management
Committee shall be eKercisable by the Manager). but said Manager shall be ~ectly responsible to,
and \Plder the control of, the Managc:ment Committee.
18. NOW A.IVER. The o~ssion or fa~lure of tb,é Management COInmittee, the Mana.ger,
or any owner to enforce the cOVel18.nts, conditions, re5trictions, easements. uses, linUtations.
obliSiitioDS, or other provision of tbis Declaration, or the house rules and regulations adopted
purstian~tAereto. shall not constitute Df be deemed a waiver, modification, orrele~e thereof, and the
Management Committeo. the ManagerJ or any ·owner sAaII have the right to enforce the sa.rne
tb.ere~er,
19, C01y(PENSA TION. No member of the Management Committee .shall receive any
comp~ati.ol\ for acting as such. .
20. ACCOUNTS. The funds and expenditures of the u:rút owners shall be credited and .
charged to accounts under the following classificatioDS. as shall be appropriate, all of which
expenditures shall be OOmInQn. expens~:
a. Current expense, which $hall include all funds and expe:ttditures within the year for
which the funds are budgeted, Including a reagon~ble allowance for contingencies and
work:.ing funds, except expenditures chargeable to reserves or to additional
improvements.
b. Reserve for deferred maintenance, which shall include funds for rnaintena:ace items
wruch occur les¡s .t!equemly than annually.
c. Reserve forreplacement, which shall include funds for repair or replacement required
þecause of damage, wear~ Or obsolescence.
-'
21. INDEMNIFrCA TION, Contracts or other commitments made by the Managem.ent
. CDmm~ttee ot' the Mana.ger shall be ma.qe as agent fot' the Association. and the owners shall hav~ no
personal responsibility on any such coptract or commitment (except as owners under Section 31
.hereof). Every member ofilie Management Committf:e sl¡aU be indemnified by the Associa.tion,
. .
Page 12 of 24
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against aU reãs'OnQ.l5le ,costs, expensès and liabilities (including ressonable legal fees) a.ct1.¡ålly and
necessari!y incurred by or imposed upon him or her La connection with any claims, action, suit,
proceeding, investigation, or inq qiry 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 '.
ind¡ vidual continues to be a member of the Management Committee at the ti'me of incurring or
imposition of such costs, eXJ:¡t;:nses, or liabilities, except willful misconduct, or gross negligen~e or
malfeasance toward the owners in the perfonn1lUce of duties. The foregoing right of indemni:fioa.tion
shnl1 be in acidition to aq.d not !n limitation of all rights to which such persons may be entitled as a
matter oflaw and shall inure tD the bonefit afthe legal representa.tives of such person.
22. EXCULP A T)ON. No member of the Management Committee shall be liable for'the
acts Dr def~ults of any other member, or for any loss sustained by the OW!¡ers as å result thereof,
unless the same has resulted from hi.S or her own willful misconduct.
23. ' EXAMINATION OF BOOKS, Each owner and each mortgagee ofa unit sha.ll be
permitted to exanrine the books of account of the Association. at reasonable times.
24. lVŒCElANIC'S LIEN. Every owner agrees to inderUnify and to hold eaoh pfthe
o1;her owners harmless from any and all claù:ns of mechanic's liens and all COStS and expenses,
mcluding a.ttorney's fees, due to such liens filed against other units and thé general and limited
comn¡on elements for labor, materials, services, or other products incorporated in the O\.VD.ers, unit.
~5. RESERVATrONFORACCESS. The Association shall have the irrevocable right,
to be ~'xercised by the Management Committee or the Manager.. to have access IO each unit from time '
to time d'L1Iing reasonable hours as l!J.a.y be necessary for the maintenance, repair, or repla.cem.ent. or
"for making emergency repain therein necessary to prevent dama.ge to the COl!m:1on elements or to
anoth~r unit. Damage to the interior Or any part of a unit resulting from. the rtla.iI1~na.nce, repair, .
emergency repair, orreplacement of any of the general or limited common elements Dr as a result of
emergency repairs within another unit, at the instance oillie Management Committee or the Manager,
shall be a common expense of all rhe owners unless such damage is the result of the misuse or
negltgence of an owner or such Owner's invitees, guests or representatives, in which case such
expense shall be charged to such owner), .
25, MAINTENANCE RESPONSIBILITIES. As noted in thìs Declaration, the
maintenance and repair oibuildings will be the responsibility of the Association, not the indivicj.ual
owners. An. owner sball maÎD,tain and keep in good repair the interior of his or her own urut,
includÏ,J1g the futures, \oVÚ1dow gl~s, doors, appliances and interior paint. All fixtures and equipment
insta.lled wIthin the unit commencing at a paint where the uctIities enter the unit shall be maintained
and kept i.µ repair by the owner thereof. The o'lovner must repair items such as paim and sheetrock
which are damaged by unit occtt:pants unless the damage is caused by casualty (sucl;1 as fire) and the
repa.4',cost is covered by ins1.U"anc~ of the Association, An o....mer &hall do no act nOr any work that
will iropair the;: structural soundne¡3S Dr integrity of the unit or impair any easement of hereditament.
Page µ:Q.f 24
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An owner shå.JI a.lsõ keep any CQ~on area appurtepant to his or her unit in a clean and sanitary
conditipn. An owner shall be responsible for the cost of repairs for damage caused by the negligence
of tbe OwPar Or any occupant of the unit, to the extent uninsureq by the Association (sueh as the
de;ductible arnOltt!.t). All other costs of maint¡:nance orrepairs to the common elements and buildings
shall be carried OUt by the Maq¡lgement C01IlI1lÎttee anet shall be a. common expense of all of the
Ovvners. As noted in Section 32 below, Owners ,are encouraged to 'maintain their own insurance
against certain risks and to require renter's insurance as appropriate. DeclarOllt shall not be liable for
the costs of mainre~anceJ repair or replacement of any units or other impt'ovel1lsnts.
27. COMPLIANCE, Bach owner shall comply strictly with the provisions of this
Declaration and the de:cisions and resolutions of the Management Committee adopted p1JfSuant
thereto as the same may be la.wfully amended from time to time. Failu\"e to comply with any of the
same shall be grounds for an action to recover sums due, for damages or iIljunctive relief or both, and
for ~im.bursernent of aU attorney's fees incurred in connection therewith, which a.ction shall be
maintAinable by the Management COmmittee or the Manager in the name of the Association on behalf
of ~c; OW11ðrs or, in Ii proper case, by an aggrieved owner.
28. RF-STRICTtONS RELATING TO INSIlRANCE COVERAGE. Without the
prior written COnsent ofllie MD.cagement Committee; nothing shall be done. kept' Of p~tted 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 pennit anything to be dOIle or kept ip. lùs ,or her unit which will result in the
cance.lla.tion of insurance covering the: project or any part thereof, ör which would be in violation of
any law.
29. REVOCATIONORðl\LŒNDMENTTODECLARATION. This DeclaranonshaU
not be revoked unless all ofth,ß owners and all of the holders of any recorded fust m'ortga.ge Or first
qeed Qf trust covering Or affecting any or aU of the units lUl8l1.Ìn1ously consent and agree to such
!evoc~tion by instrument duly record~d. TI4s Declaration shall nOt be amended unless the owner~
of the ,units Consent and a.gree to .suoh amendment by instnunent duly recorded and attested by the
presid~nt a.qd secretary of the: Association, provided that revocation' of this Declaration shall always
require the consent of all holders Of any recorded first mortgages.
30. ADDITIONS_ALTERATIONSANDl'MPROVEMENTS. The Declarant retains
full authority to further ùnprove the property and add to and utilize the commop elements.
31. ASSE~SlVŒNT~. The making and collection of assessments of any nature from
ovvnf:rs for their share of common expenses (determined pursuant to this Article and the orner
applica.ble provisions of this DecIara.~on) shall be carried out by the Management Comp:rittee in
accordance with the following provisions:
Ii, When &3e3,9ment Corrl'mence. Assessments for 4ny unit shall COml!lence on the
applic::a.ble date specified by the Declaran~ but not later than the date Qf c~osing of a sale of
P:tg\: 14 of 24
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a conipreteáùnit by DeclarêÜ1t.
b. Shares of Common Experz3es. Each owner ofa. UPit sb.a11 be responsible for an equal
proportiona.te shµ¡e of aU General Com.m.on.Expenses. Such "General Common E~enses l
include the foUo\VÍ!¡g services obtained by the Association: road maintenance and snow
removal service.s:, tr~h collection, utility line maint"nanco, cable televislon services for all
owners, landscaping, installation and mainte~ce of walkways, security systems and security
persormel and equipment, COmÏnon ilt'eafacilities Ïr1.stallÐ.tion and maintenance, fUld a portion
of the cost of admiplstra.tio~ landscaping and improvement of the property (including
accounting, legal, equipment, personnel and overùead); and all expenses of the Association
for insurancej maintenance, r~pair, opera.tion, landscaping, improvement rn.:mageII1ent and
admini.rtration, Such General ConunonExpenses shall be the responsibility of ail oWnors and
snaIl be shared by all owners on· an.equal unit-by-unit basis. The Managemen.t Committee in
. . . its cJiscredon may bill specific owners for specific services (such as cablf'; television services, '
or repairs for damage causee! by the negligence of an oÿV11er or invitees to the' extent
uninsured), a.s Ii special assessment against the applicable O'fllnBr and their unit. It is expressly
understood that the provision of certain services, such as cable television. mayor may not be
provided by the Assor:iation aqd is subject to the discrerion of the Managew.ent Committee,
and tha~ certa.in services such as water e.nd sewer services may be provided by other entities
such a..s Ù1e Town of Jackson.
C. Righ~.Y ro Collect FromJ'erz~. If an owner she¡ll, at any rime, lease his or her unit
and fiha1l be in default for a period of one InOIlth or more i.n the payment of assessments or
other charges,. the Management COIIUIÙttee may, at its option, so long as such default shall,
cOI1tinue, demand and receive from any tenant Or subtenant of the owner thé rent due or
becoming due, and ~e payment of such rent to the Management Committ~e sb.alI discharge
such tenant or subtenant fr9m the obligation for rent to the owner and [he owner frorn his
obligation to the Association, to the extent of the a.roOl.l11t so paid. The Mana.gement
Committee shall be fully entitled to demand and receive a copy of the applic3.blelease
agreement
. .
32. INSURÁJ.~CE. TheM~gement Cor:p:¡:nittee, or ¥W1ager shall obtain and,m.ãintain
a.t all tÌ1:¡les insuraqce of the type ~d kine! stated in this Declaration, and including, at [he discretion
of the Management Committee, risks of a similar or dissimilar nature, as are or shall herea.:fu:r
customarily be covered with respect to other projects similar in use, issued by respons~ble insurance
compani~ authorized to do business in Wyoming. The :fire and eÀ1~nded coverage insurance,
including v~da1ism and malicious mischief, to be maintained as to the units shall also cover all
:fixtu:r~s, interior walls and partitions, decorated and finished sUIfaces of perimeter walis, floors, and
ceilings, doors, windows and other elements or materials comprising a part of the units. The
insura.µce shall be carried in blqnket policy form na.rning the Management Com.m..i ttee the insured, as
attorney-in-fact for all of the unit owners, at their conunon expense, which policy or policie.s shall
contain a standArd non-collrributmy mortgage clause in favor of each first mortgagee, and a
PÐ,g~ IS of 24
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nonQancellatiön~Qlaüse{whether or .notrequ.ested by the own~rs of units) providing that such"policy
or pólicies may not be canceled except upon thirty (30) days' prior 'iVrÜten notice thereof to the
Manage¡:nent Committee, each flIst mortgagee, and every other person in interest who shall ha.ve
requested such notice of the insurer, The Ma.nagement COm:cnittee, or the Ma.nager, shall also obtain
and maintain public liability insurance insuring each member of the Management Committee, the
MíU1ager, if any, the Association, a.n,d the O\-Vtl.ers against any liability to the owners or any other
perSM mcidentto the ownership of or use of the project or any part thereof. Limits of liability under
such insuraQce shall not be less than Five Hundred Thousand DolLars ($500,000.00) for anyone
person ipjured, One Million DoUars (.$1,000.000.00) for each OccUJ:J;'eIlce, and Five Hundred
Thou,s8I+d Dollars ($500,000.00) forpl'operty damage for each occurrence. This isjl1st the minitnum
amo~t, and it is expree¡s!y contemplated that the Manllgement Committee may, in its discretion,
obtaiµ insurance '\.vith higher limits and insurance agci.nst risks (such as earthquake damage) which
are not specifically referred to herein. The Managf'lment Committee ma.y ¡ll~o obtain insurance with
relatively high deductible~. Owners are encournged to carry their own in~rt~:tncelnnd to reQUire
renters insurance for rental units to COy r their ossible linbi itv for a ment 0 da!nn e~ SUe
as the eductihle amöunt which is not insured bv the A.'Hlodanon itself. All insurance policies
obtained by the Associ~tion itself should be reviewed at least annually by riLe Mana.gem.ent
Committee.
Each owner> upo.n becotniug ¿¡.n owner, shall be deemed to have oonstItuted and appointed,
and dDes hereby so c:oQ.Stirote and appoint the Mana.gement Co:mm.ittee as his true a.nd la.wful
attorney - in -fact to a.ct in all matters cOD.Geming the purch¡\.$e a.:qd maintenance 0 f all types of property
and liß.bility .in.$urance pertaining to the project. Each OvYner does further :qereby agree, without
limitation on the generality of the foregoíng, and each mortgagee, upon becoming a mortgagee Or '
holder (as trustee or as bep.~ficiary) of a deed of trust of a unit does hereby agree, that the
Mana~ement Committee, as a.ttomeY-in.fact, shall have fu.llpower anq aúthority, in addition to the
powers above given, to purohase and maintain suoh ÌI¡Su,rance, and remit :prernitnns therefor, to cQUect
proce¡;ds and to use tb,e s~e, and distribute the same to the Management Committee, owners and
mortgagees, as th.eir interests may appear, all pursuant to and subject to applicable statutes and the
provisions of this Declaration, and to ~Xecute all documents and do all things on behalf of each owner
and the Management Committee as sb,all be necessary or COnvenient to the accomplishment offue
foregoing,
33: OWNER'S PERSONAL OBLIGATIONS. The amount of the common expenses
assessed against ea.ch wút .shall be the personal and individual debt of the oWp.er(~) thereof. No
owner may exempr himself from.liB.bility for his co.ntributi(¡)n towards thl: common eXpenses by waiver
oftþe US~ or enjoyment of any Qfthe COmn:J.on elementS or by abandonment of his unit. Both the
Management Committee a.nd. the Ma.nager sh~ll have the responsibility to take prompt action to
collect any unpaid assessment which remains unpaid more than twenty days from the due date for
payme~t thereof. In the evep,t of default in the payment of the assesaments, the owner shall be
obligated to pa.y'interest on the amount of the assessment from the due date thereof, together "vith
.all expenses incurred, including attorney's fees, together with such la.te charges ~d interest as are
Page 16 of 24
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prov.ided in iliis"Dec1ar.ation. Suit to reCOVer a money judgm.ent for unpaid. common eXpense's sMll
be maintainable without fo¡;eclosíng Or waiving the liel?- securing the same. .
34.. FOro: CLQS UR:E: mnum. In the vent that . lien is <:reated on a unitfo,"npaid
co_on expeQScs, the Management COaunittee or the Manas", shall ¡nopare a written notice
indiçatjpg the ,""Oont oftruej¡ onpaicj indebtedness. the lUIIne of the unit owner. ar¡d a description of
the unit. Such notice shall be .igned by a member of the Manag<nt¡ent Committee Or by the !vfar¡ager,
and shall be¡ recorded in the Office ofilie County Clerk ofLinco!n County. Wyoming. Such lien shall
a.ttacþ from rhe due date ofilie assessment. In any suit to foreclose the lien against a.ny owner of a
unit, the Management Committee may "'1>""ent itself jn like manner as ar¡y mortgagee of rea1
property. The Mânagement Committee, acting on behalfofthe owners. shall have the power to bid
and a-çquire such unit at a foreclosure sale. and to le~e. mortgage. vote: the votes appurtenant to
con vey, Qr otherwise deal with the same. T4e delinquent Owner shall be required to pay the costs and
expenses. including attorneys' fees, for the tiling of any lien, and any foreclosure proceedings related
thereto, as wall as to pay · reesona¡'le rent for the subject unil onti! 'ole.or forecloSUre. Suit to
recover a money judgment for unpaid common expenses shall be maintainable with all costs and
reasonable attorney's fee,S without foreClosing Or waiving the lien securing the same.
, AI1y encw¡¡,brancer holding a lien on a unit .may pay QIly unpaid commo:¡¡ expenses paya.ble
with "'spect to such unit, ar¡d upon such parmont such enC1.Jmbrancer .hàJJ haVe alien. The holder
of any mortgage or fust deed of trust which j, prim- to eny assessmem lien, upon becOming ar¡y O)'IUer
of a unit, porsuent to forecloSQre, OOUVeyence in Ueu offoreclosure, Or otherwise, shall be subj ecr to
all assessments. and the lien thereof, made after such holder becomes such O",VIwr Df a unit.
35. l'tfORTGAG11)S. J\.n owner sha.1l have the right from tùne to time to mortga.ge or
encumber his mterest by deed of trust, mOrtgage, or other security Ïnstnunent. The owner of a unit
roa.y Qreate mongages. li~IlS, or encumhrances ~ubject to the fOllQwing; any such conditions,
covenants, restrlction~, uses, limitations. obligations shall be subject to the lien for commOn expenses
ar¡d other obUgations cre~t.d by Prls DecIaratí",,; and t ¡e mortgagee onder eny mortgage ,h.II
rele..., for tha ptlrpo.. of restoration of any improvements upon the mortgaged premises, all of big
or her right, title, and interest in and to the proceeds under all insurance policies upon the unit Il1¡d
project. Such release shall be futnished forthwith by a mörtgage,e upon 'Nt'Ìtten request of One Or
more of-the members of the Management Committee, and if such request is not gránted. such release
may b~ executed by the Management COmmittee as attorney-in.fact far such mortgagee.
Pa~e 17 of 24
36. RECONSTRUCTIOty_ This Declamtion does hereby make rna.n.datory the
úrevocahle appointment of en attomey-in-fuct ro dea1 with the property Upon its destruction, for
repair, reCOl1Struction Or obsolescence. Title to any uni~ is declared and expressly made subject to
the terms and cQnditions hereof, and. acceptance by any grantee of a deed or other in.strument of
conveyance trom the Declara.nt or from any owner or grantor shall constitute appointment of the
attDrney-in~fact herein provided. AU of the O\.V11ers ÏIrevoca.bly constitute and appoint the
Managl;}ment Committee their true and la\vful attorney i.Q their name. place, a¡¡d stead for the
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appraiser. Thed~cision of the appraisers to the frili market value, or in the CB..'!e of
their disagreement, then such decision ofrhe umpire, shall be final and binding.' The
expenses and fees of such apprnise.¡s shall be borne equally by the Ma.nagement
Committee and the owner. The sale shall be consummated within 15 da.ys thereafter
and the Management Corn.mittee, as aftorney-in-fa.ct shall pa.y the purchase price
therefore ll¡ cash. and s]¡311 disburse suchpurchase price for the same pU¡poses and in
the same order a.s is provided in subparagraph (b) 1. through 5. of this paragmph,
except as lD.odified herein. At the time ofpaYJ.nf'!nt to such. Owner, such owner shall
deliver to the Managentent Comrni ttee, or its nom.în.ee, a good and sufficient warranty
deed to the ~t, fully executed and in recordable fOn:t1, free and clear of all liens.
charges and encw:nbrances. .
'.
37. G:ENE:RAL RESERV A TrO~. Declarant reserve$ the right until completion of
tlte project and until a'rVritten statement to that effect is recorded by Declarant, to eSt~bIish
easements; reservations, exceptions, and exclusions and for the best intere~ts of the project:
38. COVENANTS TO RUNWITHLA1'fD. Each of the covenants of this Declaration
shall run wirh the real property whioh is the Subject of tQis Declaration, and ea.ch and every
condominium and every interest therein or pð.rtaining thereto, and shall bind Declarant, its successors.
grantees and wigns. and ail pflrties claim¡¡Ìg by, through. Or under Declarant. Each purchaser of any
unit shaU, by acceptance of the deed Of other conveYé).nce of any such unit, be conclusively deemed
to have consented to and agreed to each, to each and all of said covenants for himself and his neirs, .
exeeutors, administrators, successors and assigns, and dOßs, by said &cceptance. covenant fer ruLtlSelf
and.his heirs. executors. administrators, successors, and assigns, co observe. perfonn and be bound.
by eaqh ~ aU of said covenants. ,
39. ASSIGNMENT OF DECLARANT'S RIGHTS. Declarant reserves the right to
vest flllY entity with all or any of the rights, interests, privileges, easements, pOwers and duties herein
retainéd or reserved by Dccla¡ant, by a supplemental declaration and assignrIlent wbich shall be
effective when recorded in the Office of the County Clerk. Lincoln County, Wyoming, and Declarant
shall thereupon be rè!icveq and discb.arged from every duty so vested ¡n 'such. other entity.
IN \V"1TNÈss WHEREOF, this Declaration has been executed by the Declarant effectiv~ as
of the date of recordation hereof.
DECLARANT:
SUPERIOR CUSTOM HOMES,LLC,
a Wyoming Iiruited liability company
Br:d:;p ~"?~
By:
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purposeS of de8.Üng wi1h the p,operty upOn it. des_tion Or 0 bso¡escence '" i. hereirwiter provided.
A. attomey.in-taét, the Mauagement COnunittee ,hall have Iiú! and complete authorization, right and
POWCl: to make, execute, and deliver any Conll"act, deed, or any other ins=eot with resp.ct to the
interest of a cOndomilÙwn U!Út OWIler which is n.ecess"'Y and appropriate to oxercise the po_.
herej.¡¡ granted. Repair and re.o""truction 0 f bnprovement! !IS used in the SUcceeding subparagraphs
means restoring improvements to substantially the ~am.e vertical and horizontal boundaries as before.
The proceeds of any insurance collected sheII be available to the M_g"",ent Committee for the
PUlJ'Ose of repair, re'loration, recoost¡"t¡ction or repJ=ents unless the Owners and fust mortgagees
agre~ nor to build in accordance wÌth the provisions set forth hereinafter.
a. In the event 'of da.ma~e Or destruction due to fire or other disaster, the insurance
proceeds, if .sufficient to reconstroct Ìlnprove.rnents, shall oe applied by th'e
Management COmmittee, as attorneY·in-factr to nlch reconstruction, and
improvements shaH be promptly repaired and reconstructed. The M<magement
Committee shallhave.fu11 authority, right and power. as attorney-in-fact, to cause the
repair and' restoration of the .iI:Qprovements.
b. lithe insU!'a11ce proceeds are ir1.$ufficient to repair and reconstruct improvements, and
if such damage is to one-third Or fewer condominium units¡ such danIage 01'
destruction shall be promptly repaired a.nd reconstructed by the Management
Committee, as atrorneY-in~fact, using the proceeds of insurance and the proceeds of
an assessme~tto- be made in the manner hereinafter set out. !f~y mortgage or'trust
deed holder of any damaged unit required and received paYIt1.0nt ofa[ ,y part Dfth~
insurance proceeds, the owner of that unit shall pay to the Management COmmittee,
the antount so r~ceived by suoh mortgagee or trust de~d hoLder for ~e by the
Managerpep,t Committee, with the balance ofthe insurance proceeds, in repairing and
reconstructing pursuant pereto. The inSutaD.ce proceeds. together with payments
mad!'; by unit owners shall þð held in a building aocount fo~ use in repairs and
reconstr,uction pursUant hereto. Any deficiency in the building accouo.t shall be
assessed against the unit Owners as a. COInnlOn expense. Such assessment shall be
payable within ninety (90) da.ys after written notic/:: thereof tQ the Dwners assessed.
The Management Committee shall hav~ full authority, right and pOwer, as attorn~y-in-,
fact, to cause the repair Or restoration of improveinen~ usirig alL of the insu¡a.n.c~
proceeds and unit O....vne~ to pa.y an assessment. The assessment provided for herein
shall be e. debt of each Owner and a lien On his condominiUtc. l.mit and may be enforced
and collected as is provided in this Declaration. In adqition thereto, the Management
COmmittee, as attorney-in-fact, shall have the absolute right and power to sell the
condomlnium unit of any owner refusing or failing to pay such deficiency assessment
within the time provided, and ifnot so paid, the Manage:rnent Committee shall cause
to be recorded a notice th:;t the condominium. unit of the delinquent OWner shall be
required to pay to the Mana.gement Corrunittee the costs and e~enses for filing the
notices, interest at the rate of 1 0% per annum on the amount of the assessmem from
Page 18 øi 24
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. ..l!!ld aft~r said 90 day-period, and all reasonable attorney's ~ees incurred in se!lílj.g [he
unit and col1ecting said assessment. The proceeds derived ftom the sale of such
condominium unit shall be used and di~bursed by the Management Committee, as
attomey..in-fac!, in the following order:
1.
For payment of taxes and special assessment liens in favor Or any a.ssessing
entity, and the customary expense of sale;
, ,
2.
. For payment of the balance of the lien of any first n:1ortgage or tmst deed,
with interest any prepayment penalty;
.,
J,
For payment 0 f unpaid COIIDl'1o n expenses, the assess1I1ent, VVÎth ÌIÍterest, macte
for repair and reconstn¡ction of the projðct, and aU costs, expenses, and fees
incurred by the Management COmmittee in selling such uuit and coUectingthe
'as~essInent, not paid pursuant to 1. above;
.,
4.
ForpaYtnent of junior liens and encumbrances in the order of and to the extent
of their priority; and
s.
The balance r~mai.J1ing, if any, shall be pa.id to the unit owner based on the
percentages set forth in Exhibit B hereto.
c. If the insurance proceeds are insufficient to repair and reconstru.èt the damaged
improvements, and if s1,lch damage is to more than one-third of the condominium .
units, and if the owners representing an aggregate ownership interest of 51 percent,
or mote, of the gener.;ù Cornman elements do not voluntarily, within IOO days Softer
such damage, make provisions for reconstruction, which plan mùst have the
unanimous approval or COI1Sent of every holder of a fi.rst mortgage then of record, the:
Manå.gement COmnUttee shall forthwith record a notice: setting forth such fact or
facts. and Upon the recorcHng of such notice, the entire condominium project shall be
sold by ml: Manngement Committee pursuant to the provisions of1:his paragraph, as
attorney.Ln-fact for all of the owners, free and clear of the prOvisiop.s contained in this
Declaration and the Map. The insurance sett.1ement'proceeds sball be col1ected bY.the
Mana.gement Con:unittee, and such proceeds shall be divided by the Management:
Comm.ittee according to each owner's perce.ntage interest Í11 the general COD1I1¡on
elements, and such divided proceeds shall be paid into separate accounts, ea.ch
account representing Oije of the condominiUtn unit designation and the name of [he
owner. ,The total func;ls of eaoh account sha.ll be \.!Sed apd disbursed, without
cor¡.tribution from one acco,unt to another, by the Management Committee, as
a.ttorneY-in-fact, for the same purposes and In the sarne order <IS is provided in
subparagraph (b)1. thrüugh 5. of this paragraph.
Page 19 of 24
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"Cc, r~' ;';~ '··."'¡~ilo-'i'£1?ï!~R.",·.r.1;t:. ¡::~',-"l!...,. ,.;....~.~~';'O~.~;:'.;..~
,-, .... {"\. 5 6
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. . ' .I!"rhe O\.VJ;1ers representing an aggregate ownership interest of 51 'Yo, or .more,
of the units adopt a 'plan for reconstruction. which plan has the 11rlanimou3 approval
of all horders offus! mortgages then. of record, then a.ll of the owners shall be bound
by the terms and other provisions of such plan. Ar¡y assessm.ent made in connection
with such plan, shall be a lien, and may be enforced to the extent and in the manner
set out in~ubparngraph (b) of this paragraph and sh~l be due and pa.yable as provided
by the terms of such plan, but not SOoner than 90 da.ys after written notice thereof.
The M&.tlagemeI1t COmmittee shall have full authority, right and power, as attomfW-Ïn-
fact, to cause the repair or restoration of improvements using all of the 1.nsurBJj,ce
,proceeds a.nd any unit Dwnerrs pa.Yments for such purpose D,orwithsta.nding the failure
of any oWner to pay an assessment ,
d. TI¡.e Owners representip.g an aggr~gate oWQership interest of one-tbird of the ¡:OTnr.con
elements,ma.y agree that the buildings s.hould be razed and qew Ones built, and adopt
a. plan for,the r~neWal and reconstruction, which plan shall require the unanimous
approval of all holders afflrstmortgages of record Qt the time of the adoption of such
plan. If a plan for the renewal Or reconstruction shall be payable by all of the O"vqers
as c0Inl1lo¡:¡ expenses; provided, however, that an Owner not a. party to such pIa¡¡ for
renewal Or reconstruction may give "vritten. notice to the Management COInlIÚttee
within 30 days after tJ:l(~ date of option of such plan tha.t such unit shaU be purchased
by the Management Com.n¡ittee for the fair market value thereof The Manage!Ilent
Committee shall then have 60 days tbereafter within which to cancel sucQ plan.. If
such plan is not canceled, the unit of the requesting OYVner shall be purchased
a.ccording to the fOllowing procedures. If such own~r and the Management,
Conunittee 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 date
when either party notifies the other th4t he or it is una.ble to a.gree with'the other on
the si'<tieth clay after notice demanding purcha.se is given to the Man.agement
Committee, whichever date is earlier, shall be the "commencement dater. trom which
all periods of time mentiQoedherein shall be measured. Within ten days following the
comrnence~ent date~ each party shall nominate in vrriting (and give notice of such
nomination to the other party) an appraiser. If éither party fails to make such a
'nomination, the appraiser nomina.ted shall within five days after defa.ult by the other
party, appoint and assoc;iate with him aáother appraiser. If the two designated or
selected apprnisers are unable to agree, they shall a.ppoint another appraiser to be
UInpire bet\veen them if they can agree on such person. If they are unable to agree
UpOn su.ch umpire, each apprai$erp~eYÌously appointed shall nominate two appraisers.
and iTom the names oftþe four appraisers so nominated one shall be drawn by \.UÚt by
any judge of any court of :record in Wyoming, and the name so drawn shall be such
\.1I:tJ,pire. The nonilila.tions £rom whom me umpire is to be drawn by unit shall be
submitted within ten days of the faUure of the two appraisers to agree, which, in any
evetlt, shall not be later than 20 days following the appointment of the second
Pa.ge 20 of 24
1N..
i1~:: ..\I'!""'-':~\·"i·~';,.~~,,· -ct:~""'·,:-'i·.~i..."ft""it~~¡o.¡·i-øt·jtï·¡""if¡~~it:#~~'jI~-¡f;;-:ßl¡";';'1':·:'.'¡:'-.:', -.' '(~:~'Ù:.".~,t¡,."}v.:.~",". .'.
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': '~-;J.I~'t~ :-;:~t;l~~:J!:iX.f'.:..:1t~~¡~¡:\ii;::'i'.hj":::·ë."~·, ;:' ~(O":-i!t;..¡.:.-:->:; '.
. . ~ .
'.I V \..-' \J -
STATE OF wŸOMl'NG
COUNTY OF L \ \.l..('~ ( ()
)
) ss.
)
'~U" 5 7
The for~going inStrument was acknowledged. by ·Ge.()t~ Tb.e\o Il\ "TM.L~ duly
acting a,s Manager of said Declarant, who acknowledged said instrument on this Y day of
\N.. ö ~ ' 20,p-(~
S
AlMLlA KUNZ
Notary Public
Uncoln County
.. WVomlng
My CommIsIIon ExpIrea Mar 4, 2009
O..,ill~,,~
Notary Public .
C s~al)
My commission expires:
STAtE OF \D~ÐN\~ l-\,~
I ) 50S.
COUNTY OF L~ '^-..('I 0\ (\ )
. The foregoiug insttvment W3S acknowledged by L
as Ma.na.ger of said Declarant, who acknowledged said instrument
. \H C0~ . 20cp(, ~
ffici¡;\l seal.
AlMLlA KUNZ
Notary PublIc
LIncoln County
WVomlng
My Commission Exp/rea Mar 4, 2009
\~~~
No!ary Public . .
"
(seal)
My corn.mission expires:
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EXHIBIT A
Legal Description
( TO COME)
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...
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58
..: ·.,·.·C~·6~1':1JUI:CI':'1-~~I·XI:'¡.r.1~:~~·~ . '.-'\I'....~:J,.i:..~V:'^.-.L!'.H'''.'"~...'''''..;r~?!II:'''',,.~ ',:.__
. "'1 ,~...."_~"'.' .~_..!..a'h"...w.!>..·.':..;~~'....
"t· yy 'oO "l<r4i'iL~~~W~!.~:.¡. ~t! "''}''-''h.'¡-Ú!'I1.~~_'
EXHIBIT B
Percentage Ownership
in the General
Common Elements
9 Units, 11.11 % vote for each.
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