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00088~
¡st AMENDED DECLARATION
OF THE COVENANTS AND RESTRICTIONS
FOR
CEDAR SPRINGS MEADOWS CONDOMINIUMS
.
.
THIS 1 st AMENDED DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICfIONS FOR CEDAR SPRINGS MEADOWS CONDOMINIUMS is made as
of August~, 2006, by LDL PROPERTIES, LLC a Wyoming limited liability
company ("Declarant/Deyeloper") amending the DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICfIONS FOR CEDAR SPRINGS MEADOWS
CONDOMINIUMS made the 20th day of October, 2005, filed in the office of the Lincoln
,County Recorder on the 6th day of March, 2006, Book 613 PR 696.
I .
I ¡ RECITALS
I I A. The Declarant is the owner of certain real property located in Lincoln
:C~unty, 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 CEDAR
SPRINGS MEADOWS CONDOMINIUMS.
C. The individual condominiums and related common areas will be owned,
managed and maintained by a Wyoming Limited Liability Company serving as the
association of owners as provided herein.
D. By this Declaration, it is the intention of the Declarant/Developer to
establish a common scheme and plan for the use, enjoyment, repair, maintenance,
restoration and improyement of the Units, the Common Elements and the Condominium
Common Area Furnishings (as defined in the Definitions) and the interests therein
conveyed or reserved, and for the payment of taxes, assessments, insurance premiums
and other expenses pertaining thereto. Declarant/Deyeloper intends that the owners,
mortgagees, occupants and other persons hereafter acquiring any interest in the
Condominium Property, or any part thereof, shall at all times enjoy the benefits of, and
shall hold, sell and convey their interests subject to the rights, easements covenants,
conditions, restrictions and obligations hereinafter set forth, all of which are hereby
declared to be in furtherance of a general plan to promote and protect the cooperative
aspect of the Condominium Property and are established for the purpose of enhancing
and perfecting the value, desirability and attractiveness of the Condominium Property.
The property is hereby made subject to the Wyoming Condominium Ownership Act, and
to the covenants, conditions, restrictions, reseryations, assessments, charges and liens
contained in this Declaration, all of which shall be enforceable equitable servitudes and
shall run with the land.
1st Amended Declaration of Covenants and Restrictions
For Cedar Springs Meadows Condominiums
1 of 39
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0921.526
000882
NOW, THEREFORE, in furtherance of such intent, Delcarant hereby declares
that the Condominium Property shall be held, conyeyed, hypothectated, mortgaged,
encumbered, leased, rented, used, occupied and improved subject to the following
coyenants, conditions and restrictions set forth in this Declaration, as this Declaration
may be amended from time to time, all of which coyenants, conditions and restrictrons
are declared to be in furtherance of a plan established for the purpose of enhancing and
perfecting the value, desirability and enjoyment of the Property. All of the covenants,
conditions and restrictions contained herein shall constitute covenants running with the
land and equitable seryitudes and liens and shall be binding upon and for the benefit of
the Declarant/Developer and each interest in any of the Units and/or the Common
Elements conyeyed by the Declarant/Developer shall be binding upon and for the benefit
of all parties having or acquiring an interest therefrom including, but not limited to, the
heirs, executors, administrators and assigns of any such parties and all subsequent owners
of such interest.
ARTICLE I
DEFINITIONS
Unless otherwise defined herein, all defined terms shall haye the meaning set
forth herein and contained in Exhibit B incorporated with this Declaration.
ARTICLE II
EST ABLISHMENT OF OWNERSHIP INTERESTS
2.1 Condominium Ownership - Division Into Units. As of the recording of
this Declaration, the Condominium Property (excluding the Condominium Common Area
Furnishings) is hereby divided into 122 Units, all of which are mutually Private
Residence Units. Delcarant/Developer, in order to establish a plan of condominium
ownership ofthe Condominium Property, hereby diyides the Condominium Property into
the following elements with the ownership interests therein as set forth below:
Unit;
(a) Unit. Each Unit Owner shall own a separate fee simple estate in a
(b) Common Elements. Each Unit Owner owns a non-exclusiye
undivided interest in the Common Elements; and
(c) Condominium Common Area Furnishings. All Condominium
Furnishings shall be owned by the Condominium Association.
2.2 Conveyance of a Unit Interest. Each of the following shall be included in
any conveyance of a Unit Interest:
-/
1" Amended Declaration of Covenants and Restrictions
For Cedar Springs Meadows Condominiums
20f39
/
09c...... r.-2'6
IIdA.,.J
000883
(a) Unit. The right to use and occupy the Unit to which the Unit
Interest corresponds in accordance with this Declaration as well as all other applicable
Governing Instruments; and
(b) Common Elements. A non-exclusive undivided interest in tþe
Common Elements.
2.3 Severance From Common Elements or Appurtenant Easements. No Unit
Owner shall be entitled to seyer his Unit, or any portion thereof, from his undivided
interest in the Common Elements.
ARTICLE III.
INTERESTS, USE RIGHTS AND RESTRICTIONS
3.1 Condominium Property and Common Elements - Interests and Use
Rights. A Unit Owner has the exclusive right to use and occupy such Unit Owner's
Residence, a non-exclusiye right to use and enjoy the Exclusive Condominium
Assessment Areas, the Condominium Common Area Furnishings and the Common
Elements, all in accordance with this Declaration and the Governing Instruments.
3.2 Use Restrictions.
(a) Alterations. Additions and Improvements.
(i) Except as required to preyent damage or injury to persons or
property in an emergency, no Unit Owner shall make or authorize (without
the prior written consent of the Condominium Association) any
alterations, additions or improyements to the Exclusiye Condominium
Areas, or paint, repaint, stain, stucco, texture coat or apply any other
coating or finish to any Residence or any walls, windows or doors
bounding any Residence which such Unit Owner may from time to time
occupy, or remove, alter or replace any portion of the Condominium
Common Area Furnishings.
(ii) Nothing herein shall prevent a Unit Owner of a Private Residence
Unit from removing, altering or replacing any furniture located within his
or her Residence, or from repainting, wallpapering or similarly coating or
refinishing the surfaces of the walls or doors of his or her Unit, or from
recarpeting or otherwise recovering the surfaces of the floors of his or her
Unit. Except for those specific actiyities permitted above in this Section
3.2(a)(ii), Unit Owner must obtain both the written consent of
DeclarantlDeyeloper and the Condominium Association prior to
undertaking any alteration, addition, improvement or maintenance of any
Residence (including, but not limited to, load bearing or other walls,
r Amended Declaration of CoveMnts and Restrictions
For Cedar Springs Meadows Condominiums
3 of 39
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000884
plumbing other than finish plumbing fixtures) to the extent such alteration,
addition, improyement or maintenance will cost in excess of $5,000.00 or
will require a building permit.
(iii) the foregoing proyisions shall not modify or affect the obligatipn of
each Unit Owner with respect to the maintenance and repair obligations
set forth in Section 5.1 (a) below.
(b) Rules and Re~ulations. Each Unit Owner, by accepting an
Original Deed or any other transfer of a Unit Interest, as applicable, hereby covenants and
agrees to abide by the Condominium Rules and Regulations,
(c) Use and Occupancy. Use and occupancy of a Unit is limited to
private, residential use (including use by Tenants) any non-residential and/or commercial
use of such Unit by any Unit Owner (except as expressly provided in Section 3.3(b)
below) is prohibited.
(d) Minimum A~e Requirement. It is the express intent of Cedar Springs
Meadows Condominiums that eighty percent (80%) of said Properties be owned and
occupied by persons fifty-fiye (55) years in age and oyer. The remaining 20 percent
(20%) shall be owned and occupied by persons forty-five (45) years in age and oyer. The
intent of this clause is to proyide for a retirement living community to be occupied by
persons who are of normal retirement age. Owners shall be allowed to have visitors and
guests under the age of fifty (50), however, said persons shall not occupy the Owner's
Unit for longer than a fourteen (14) day period of time during a calendar year.
(e) Discharge of Firearms and Pyrotechnic Deyices. The discharge of
firearms shall be prohibited. Pyrotechnic devices shall be allowed during the dates of
July 4 and July 24 only.
(f) Animals. Owners shall not permit animals of of any kind to be
raised, bred or kept in their Unit, except that occupying owners may keep up to one (1)
dog and one (1) cat with the permission of the Association, and other small pets kept
inside are permitted on a reasonable basis, all subject to the limitations set forth herein
and to rules and regulations adopted by the Association from time to time. Any animals
permitted to be kept on the property at any time shall be restrained and controlled at all
times so that they do not cause a nuisance to other owners and do not harass or endanger
wildlife. Occupants of a unit and owners thereof shall be responsible for the immediate
remoyal and sanitary disposal of any waste left by their pets and those of guests pets
within the boundaries of the Condominium Project.
1" Amended Declaration of Covenants and Restrictions
For Cedar Springs Meadows Condominiums
4 of 39
(i) Do~s at Lar~e. No Owners shall permit their dog to run at large at
any time while within the boundaries of the Project. All dogs must be on a
leash and accompanied by their master or master's designate.
"
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000885
Additional Declarant/Developer's Rights.
(a) Sales. Re-sales. and Related Purposes. Declarant/Developer, for
itself, its successors, assigns, agents, employees, contractors, subcontractors and other
authorized personnel, reseryes for itself (and, with respect to re-sales of Unit Interests),
the exclusive right in, oyer and through those portions of the Condominium Property as
reasonably required by Declarant/Deyeloper, (1) to market and sell the Unit Interests; (2)
to maintain customer relations and proyide post-sales seryice to Unit Owners; (3) to
display signs andto erect, maintain and operate, for sales and administratiye purposes,
model units and customer relations, customer service and sales office complexes within
the Condominium Property; and (4) to show the Units that have not already been
conveyed by an Original Deed. The exercise of such right shall not unreasonably
interfere with the Condominium Association's use of the Condominium Property as
necessary to perform its duties and obligations pursuant to this Declaration and the
Condominium Rules and Regulations or the rights of Unit Owners to use and occupy the
Residences or use the Condominium Common Area Furnishings.
(b) Rental of Units.
(i) Unit Owner Rentals. Each Unit Owner (other than
Declarant/Deyeloper, whose rights are set forth in clause (ii) below may
rent out to members of the general public such Private Residence Unit,
provided such Unit Owner strictly complies with the terms and relating
thereto in the Condominium Rules and Regulations. For further clarity,
the foregoing authorization for the rental by Unit Owner of their Priyate
Residence Units shall refer solely to rentals to the general public
conducted by a Unit Owner.
(c) Redesignation of Use Areas. Declarant/Developer shall have the
right to redesignate the Use Areas in accordance with Section 2.2 of these covenants and
restrictions.
(d) Conveyance of Property to the Condominium Association.
Declarant/Developer shall haye the right to conyey any real or personal property to the
Condominium Association at any time, proyided that any such property shall be free of
monetary encumbrances as of the date of such conyeyance. In the case of real property,
upon the recordation of a grant deed in the Office of the County Recorder, the
Condominium Association hereby covenants to accept, and shall be deemed to have
accepted, the conyeyance of such real property. Upon the recordation of the
aforementioned grant deed, all of Declarant/Developer's rights and obligations with
respect to such real property conveyed shall terminate.
]" Amended Declaration of Covenants and Restrictions
For Cedar Springs Meadows Condominiums
5 of 39
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09215Z6
000886
(e) Easement through Units. Subject to the terms and conditions of
Section 3.2.4 of this Declaration, Declarant/Developer, for itself and its successors,
assigns, agents, employees, contractors, subcontractors and other authorized personnel
reseryes a perpetual, non-exclusive easement in, oyer and through Units at any
reasonably necessary time, whether or not in the presence of the Unit Owner thereQf, to
enter upon any Residence for the purpose of (1) making emergency repairs therein, (2)
abating any nuisance or any dangerous, unauthorized, prohibited or unlawful actiYity
being conducted or maintained in such Residence, (3) protecting property rights and
welfare of an Unit Owner or Permitted User, (4) maintaining or repairing the topside and
underside of the horizontal surfaces and the interior of the vertical surfaces of the
balconies and patios contiguous and related to each Residence and any hot tubs located
thereon, or (5) for any other purpose reasonably related to the exercise of the rights and
obligations of Declarant/Developer under this Declaration. Such right of entry shall be
exercised in such a manner as to ayoid any unreasonable or unnecessary interference with
the possession, use and enjoyment of the rightful occupant of such Unit and shall be
preceded by reasonable notice to such occupant in the eyent of entry into a Residence,
wheneyer the circumstances permit.
(f) Right to Annex Additional Condominium Property. For as long as
Declarant/Developer owns a Unit Interest, Declarant/Developer may annex additional
property as Condominium Property which shall be effected by recording in the Office of
the County Recorder a "Declaration of Annexation" which shall contain (i) a legal
description of the parcel being annexed and the location thereof, and (ii) such other terms
and conditions as Declarant/Deyeloper deems adyisable Or necessary; provided howeyer..
that such terms and conditions shall not be inconsistent or in conflict with the terms and
proyisions hereof nor shall such terms and conditions adyersely or materially affect the
interests of the Unit Owner hereunder. Upon such annexation and at all times thereafter,
this Declaration shall govern the ownership, use, enjoyment, repair, maintenance,
restoration, improvement and transfer of such annexed property. Assessments on such
annexed property shall commence on the date on which the Declaration of Annexation is
recorded in the Office of the County Recorder. Notwithstanding anything to the contrary
herein, the Condominium Association shall not be obligated to furnish maintenance or
other seryices to such annexed property until Assessments thereon are commenced.
/
3.4 Condominium Association Easements.
(a) Grant of Easement to the Condominium Association. The
Condominium Association, for itself, its successors and assigns, and its and their agents,
employees, contractors, subcontractors, and other authorized personnel, shall haye the
right and is hereby granted, for so long as the Condominium Association or its successors
and assigns shall be required hereunder to manage and maintain the Condominium
Property, a non-exclusiye easement in gross in, over and through the Condominium
Property for the management, operation, repair and maintenance of the Condominium
Property; proyided, howeyer, that use of such easement shall not (A) unreasonably
1" Amended Declaration of Covenants and Restrictions
For Cedar Springs Meadows Condominiwns
6 of 39
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0921.526
interfere with or diminish the rights of Unit Owners, Permitted Users or
Declarant/Developer to occupy the Residences, (B) to use the Common Elements and the
Condominium Common Area Furnishings, or (C) interfere with or diminish the rights of
Declarant/Developer under this Declaration. In amplification and not in limitation
thereof, the Condominium Association and their respective Successors and assigns ,shall
have the right at any reasonably necessary time, whether or not in the presence of the
Unit Owner thereof, to enter upon any Residence for the purpose of (1) making
emergency repairs therein, (2) abating any nuisance or any dangerous, unauthorized,
prohibited or unlawful activity being conducted or maintained in such Residence, (3)
protecting property rights and welfare of any Unit Owner or Permitted User, (4)
maintaining or repairing the topside and underside of the horizontal surfaces and the
interior of the vertical surfaces of the balconies and patios contiguous and related to each
Residence and any hot tubs located thereon, or (5) for any other purpose reasonably
related to the performance by the Condominium Association, of its duties and obligations
~nder the terms of this Declaration as applicable. Such right of entry shall be exercised in
Such a manner as to avoid any unreasonable or unnecessary interference with the
,
, possession, use and enjoyment of the rightful occupant of such Residence and shall be
preceded by reasonable notice to such occupant in the eyent of entry into a Residence,
whenever the circumstances permit; provided, however, the use of such easements shall
not unreasonably interfere with the rights of Unit Owners to use and occupy their
respective Residences or use the Condominium Common Area Furnishings.
000887
(b) Easements Granted by the Condominium Association. The
Condominium Association shall not grant any easement within the Condominium
Property without the express written consent of Declarant/Developer.
~;:::::::::::::::::~i:~
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3.5 Utility Easement to Unit Owners. Whenever sanitary sewer connections
and/or water connection or cable television, electricity, gas or telephone lines are
installed within the Condominium Property, which connections serve more than one
Residence, each Unit Owner served by such connections shall have a non-excIusiye
easement for, and be entitled to the full use and enjoyment of, such portions of such
connections or lines as may serye or be needed to serve such Unit Owner's Residence. In
the event of a dispute with regard to such easement or with respect to the sharing of the
cost thereof, then upon written request of one of the Unit Owners addressed to the
Condominium Association the matter shall be submitted to the Condominium
Association Board, which shall decide the dispute, and the decision of the Condominium
Association Board shall be final and conclusive on the parties.
3.6 Easements for Encroachments. The Project and all portions of it are
subject t9 easement hereby created for encroachments between the Units as follows:
(i) In favor of Declarant/Developer so that it shall have no legal
liability when any part of the Project encroaches upon a Unit;
1" Amended Declaration of Covenants and Restrictions
For Cedar Springs Meadows Condominiums
7 of 39
i[f&il@j
0921526
000888
(ii) In fayor of each Unit Owner so that the Unit Owner shall have no
legal liability when any part of such Unit Owner's Unit encroaches upon
another Unit; and
(iii) In favor of Declarant/Developer, each Unit Owner, the
Condominium Association for the maintenance and repair of such
encroachments. Encroachments referred to in this Section 3.6 include, but
are not limited to, encroachments caused by error or variance from the
original plans in the construction of the Project or any Unit constructed on
the Project by error in the Condominium Plat, by settling, rising or shifting
of the earth, or by changes in position caused by repair or reconstruction
of any part of the Project. Such encroachments shall not be considered to
be encumbrances upon any part of the Project. Such encroachments shall
also include encroachments caused by reconstruction of the Project
proyided such reconstruction is done in substantial conformity with the
location of the Project prior to such reconstruction.
3.7 Covenants Running With the Land. Each of the easements provided for in
this Declaration shall be deemed to be established upon the recordation of this
Declaration, and shall thenceforth be deemed to be covenants running with the land for
the use and benefit of the Units and the Unit Owners thereof, whether or not such
,easements are set forth in the Original Deeds to the Units or any other subsequent
. conveyance of a Unit Interest. Each Easement set forth herein shall survive the
termination of this Declaration.
3.8 Transfer of Interest. No Unit Owner shall sell, assign, transfer,
hypothecate or encumber less than all of his or her Unit Interest; proyided, however, that
nothing herein contained shall (i) limit the right of Declarant/Deyeloper and its
successors and assigns to sell Units as contemplated herein or (ii) restrict the manner in
which title to the Unit Interest may lawfully be held under Wyoming law (e.g., joint
tenants, tenants-in-common, or the like). Except as provided under clause (i) above, any
sale, assignment, transfer, hypothecation or encumbrance by any Unit Owner of less than
all of his or her interest in his or her Unit Interest shall be null, void and of no effect. The
transfer of any Unit Interest shall operate to transfer to the new owner of the Unit Interest
the interest of the prior Unit Owner in all funds in the hands of the Condominium
Association even though not expressly mentioned or described in the instrument of
transfer and without further instrument of transfer.
3.9 Separate Mortgages. Each Unit Owner shall have the right to mortgage or
otherwise to encumber all, but not less than all, of such Unit Owner's Unit Interests.
Subject to the provisions of Article. VII of this Declaration, any Mortgage shall be
subordinate to all of the provisions of the Governing Instruments and, in the event of
foreclosure, the proyisions of the Goyerning Instruments shall be binding upon any Unit
Owner whose Title is derived through foreclosure by private power of sale, judicial
1" Amended Declaration of Covenants and Restrictions
For Cedar Springs Meadows Condominiums
8 of 39
Qr,;; -1 ¿.26
OJ~...\.d
000889
foreclosure or otherwise. Notwithstanding any other proyision of the Governing
Instruments, no breach of the proyisions herein contained nor the enforcement of any lien
created pursuant to the provisions hereof, shall impair, defeat or render invalid the
priority of the lien of any Prior Mortgage encumbering a Unit Interests or encumbering
Declarant/Developer's interest in the Project.
3.10 Subordination and Partition of Tenancy- in-Common Attributes.
(a) Subordination. It is intended that this Declaration and all
documents promulgated hereunder shall govern all rights with respect to the use,
possession, enjoyment, management and disposition of the Unit Interests. Accordingly,
all rights with respect to the use, possession, enjoyment, management or disposition of a
Unit Interest with a Unit Owner might otherwise haye as a tenant-in-common (including
but not limited to, any common law or statutory right jointly to use, possess, or manage
commonly owned Condominium Property) are hereby unconditionally and irrevocably
subordinated to this Declaration and any documents promulgated hereunder, for so long
as this Declaration, and any documents promulgated hereunder, shall remain in effect;
provided, how eyer, that in the event that an election to terminate this Declaration is made
pursuant to Section 12.2 of this Declaration, a Unit Owner shall have the right specified
in such Section.
(b) Partition. Except as proyided in Section 12.2 of this Declaration,
no Unit Owner or other person or entity acquiring any right, lien or interest in the
Condominium Property shall seek or obtain, through any legal procedures, judicial
partition of the Condominium Property of the sale thereof in lieu of partition. If,
how eyer, an Unit interest is owned by two (2) or more persons as tenants-in-common or
as joint tenants or as husband and wife, nothing herein contained shall prohibit a judicial
sale of such Unit Interest in lieu of partition as between such interest holders.
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II 3.11 Protection of Interest. Except as proYided in Section 3.10 of this
Declaration, no Unit Owner shall permit such Unit Owner's Unit Interest to be subject to
~ny lien (other than the liens of current real property taxes) claim or charge, the
'enforcement of which may result in a sale or threatened sale of the Unit Interest of any
bther Unit Owner or any part thereof or in any interference in the use or enjoyment
thereof by another Unit Owner. In the eyent of a threatened sale of the Condominium
Property or the Unit Interest of any Unit Owner or any part thereof, or should the use and
enjoyment of any portion thereof by any Unit Owner be threatened by reason of any lien,
claim or charge against the Unit Interest of any other Unit Owner (the "Unit Owner in
Violation"), or should proceeding be instituted to effect any such sale or interference, any
Unit Owner (as used in this Section 3.11, the "Curing Unit Owner") acting on his or her
own behalf of anyone or more Unit Owners (if promptly indemnified to his or her or its
satisfaction) may, but shall not be required to, payor compromise the lien, claim or
charge without inquiry into the proper amount or validity thereof and, in such eyent, the
Unit Owner in violation shall forthwith pay the amount so paid or expended to the Curing
~~;¡*::¡::i:r.*!:::
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]" Amended Declaration of Covenants and Restrictions
For Cedar Springs Meadows Condominiums
9 of 39
:':~;~iimj¡¡~¡~m;~i
0921.52{-.)
000890
Unit Owner or the Condominium Association, whosoeyer shall have paid or
compromised the lien, claim or charge, together with such reasonable attorney's fees and
related costs as the Curing Unit Owner or the Condominium Association may have
incurred. No Unit Owner shall permit his or her interest in any funds from time to time
in possession of the Condominium Association to be subjected to any attachment, Ij~n,
claim or charge or other legal process and each Unit Owner shall promptly restore any
funds held by the Condominium Association with respect to his or her Unit Interest to the
extent depleted by the reason of the assertion of any such attachment, lien, claim, charge
or other legal process and shall reimburse the Condominium Association for all
reasonable attorney's fees or other costs incurred in respect thereof.
3.12 Compliance With Laws. No Unit Owner or Permitted User shall permit
anything to be done or kept in such Unit Owner's Residence or part thereof or within any
other portion of the Condominium Property which yiolates any applicable law, ordinance,
statute, rule or regulations of any local, county, state or federal goyernment or agency
thereof.
3.13 No Increased Insurance. Nothing shall be done or kept in any Residencè
or within any other portion of the Condominium Property which will increase the rate of
insurance on the Condominium Association without the prior written consent of the
Condominium Association. No Unit Owner shall permit anything to be done or kept in
his or her Residence, or do or place anything within the Condominium Property which
would result in the cancellation of insurance of the Condominium Association.
3.14 Antennae and Exterior Appliances. No Unit Owner shall erect, attach or
cause to be erected or attached, any item, including, but not limited to towers antennae,
aerials, dishes, reflectors or other facilities for the reception or transmission of radio or
television broadcasts or other means of communication, or wiring for electrical or
telephone installation, television antennae, security systems, machines, air conditioning
units or appliances, on the exterior of, or that protrude through the walls or roof of, the
building without the prior written consent of the Condominium Association.
, 3.15 Legal Description of a Unit. Any legal description substantially in the
I ,
form set forth below or which is otherwise sufficient to identify a Unit shall be sufficient
ifor all purposes to sell, conyey, transfer and encumber or otherwise affect a Private
iResidence Unit:
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a (i) fee simple estate in Unit No. of the Cedar Springs Meadows
Condominiums, according to that plat recorded in the Office of the Lincoln
County Clerk on the 6th day of March, 2006, Plat No. 171 B, as Plat No. 171 Bas
"Unit" is defined in and made subject to that certain Condominium Declaration of
Covenants, Conditions and Restrictions for Book 613 Pages 696 to 749 and as
further defined or amended and made subject to that certain Declaration of
Covenants, Conditions and Restrictions for CEDAR SPRINGS MEADOWS
1st Amended Declaration oj Covenants and Restrictions
For Cedar Springs Meadows Condominiums
10 of 39
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0921~1~b
000891
CONDOMINIUMS recorded in the Office of the Lincoln County Clerk in Book
613 Pages 696 to 749, or as further defined or amended, and (ii) undiyided
interest in the non-exclusiye perpetual easement rights oyer the Project Common
Areas that are granted to each Unit Owner as an appurtenance to their Private
Residence Units all as more specifically described as "Common Elements', i'n
such Declaration;
Any conveyance of a Priyate Residence Unit shall include the items set forth in Section
2.2 aboye.
3.16 Insurance. Each Unit Owner shall have the obligation and duty to obtain,
maintain and pay the cost of insurance in accordance with Section 11.2
ARTICLE IV.
THE CONDOMINIUM ASSOCIATION
4.1 Membership in Condominium Association. Each Unit Owner shall
be a Condominium Association Member and shall remain a Condominium Association
Member until such Unit Owner ceases to be a Unit Owner.
4.2 Transfer of Membership in the Condominium Association. The
membership of each Unit Owner in the Condominium Association is appurtenant to and
inseparable from his or her ownership of a Unit Interest and shall be automatically
transferred upon any effectiye assignment or transfer of the ownership of his or her entire
Unit Interest to any assignee or transferee and, except as provided in this Section 4.2,
such membership shall be nontransferable whether by gift, bequest or otherwise.
4.3 Voting and Types of Membership in the Condominium Association.
Voting and types of membership in the Condominium Association shall be in accordance
with the provisions of the Condominium Articles and Condominium Bylaws.
4.4 Board of Directors. The Condominium Association Board shall initially
consist of three persons appointed by Declarant/Deyeloper. At the first annual meeting of
the Condominium Association, but in no event later than one (1) year after the date of the
sale of the first Unit Interest, the Unit Owners shall be entitled to elect one of the
Condominium Association Board Members, and Declarant/Developer shall be entitled to,
appoint the remaining two Condominium Association Board members. All other
proyisions governing the composition of the Condominium Association Board and
election of Condominium Association Board Members, including their reelection, shall
be governed by the Condominium Articles and Condominium Bylaws, to the extent the
same are not inconsistent with this Section 4.4
1st Amended Declaration of Covenants and Restrictions
For Cedar Springs Meadows Condominiums
11 of 39
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ARTICLE V.
MANAGEMENT
5.1 Allocation of Maintenance and Repair Obligation.
(a) Unit Owner's Obligations. Each Unit Owner shall have the
primary obligation and liability to (i) maintain his or her Unit as well as all items that
comprise such Unit or that are contained therein or that exclusively seryice such Unit in
compliance with all applicable laws and in good order, condition and repair (ii) to clean
and maintain on a day-to-day basis the topside of the horizontal surfaces and the interior
of the vertical surfaces of the balconies and patios contiguous and related to a Unit
Owner's residence (i.e., to keep such areas in a clean, attractive and sanitary condition
and keep free from rubbish and litter).
(b) The Condominium Association's Obligations. The Condominium
Association shall have the primary obligation and liability to administer to the affairs of
the Unit Owners, to maintain and repair the Condominium Common Area Furnishings
and, subject to the day-to-day maintenance obligations of Unit Owners.
(c) Items Comprising a Unit or Contained Therein or SerYicing such
Unit. In avoidance of doubt, the following is intended to clarify what "comprises" a Unit
or what is "contained" in or what "exclusiyely services" such Unit for the purposes of
Section 5.1(a) and 5.1(b): First, all items that are included within the definition of "Unit"
(as defined for the purposes of this Declaration) shall be deemed to "comprise" a Unit,
and all items that are "excepted" from such definition of "Unit" (e.g., as definition is
currently drafted, (1) the bearing walls, windows and window frames, exterior door and
door frames, columns, exterior floors, roofs, railings, fences, foundation slabs, exterior
wall surfaces and central serYÎCes, pipes, ducts, chutes, and flues, conduits, wires and
other utility installations wherever located within each such Unit, and (2) all balconies
and patios contiguous and related to each such Unit) shall not be deemed to "comprise" a
Unit. Second, all personal property and improvements that are located entirely or
partially within a Unit (for example, an exhaust fan located in a bathroom of a Unit, the
cover of which is within the Unit but the motor of which extends into the attic space
aboye the ceiling of the Unit, is deemed to be within the Unit in which it is located) shall
be deemed to be "contained" in such Unit. Third, all equipment located within the walls,
floors or ceilings immediately contiguous to a Unit and exclusively serving such Unit
shall be deemed to "exclusiyely service" such Unit (e.g., a fan coil unit, fuse box and
smoke and fire system dedicated to but not located within a Unit). In furtherance of the
foregoing, all of the following shall expressly not be deemed to "comprise" or be
"contained" in or "exclusively service" a Unit.
..:. ..,
r Amended Declaration of Covenants and Restrictions
For Cedar Springs Meadows Condominiums
12 of 39
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(d) Equipment. All equipment that does not exclusively serve a single
Unit (e.g., multiple fan cooling unit, hot water circulating pump, fire protection
system, roofs, elevators, hallways, fire escape stairs, railing and fences,
foundations and slabs, each of which serves more than one Unit);
(i) All items not within a Unit which are part of the physical structure
that creates and/or supports a Unit (e.g., studs, beams, fasteners,
connectors, nails, screws, nuts, bolts, junction boxes, insulation, exterior
siding, pipes, ducts, chutes, flues, conduits, sub-floors, ceilings and
drywall, exterior doors and windows); and
(ii) All items which are part of a utility distribution system (e.g., water
lines, sewer pipes, ducts and vents, electrical lines, connectors and boxes,
and gas lines). For clarification, the items in this category are part of a
system that deliyers utilities to a Unit, but does not include the fixture or
other items designed to operate when certain utilities are deliyered through
such systems (e.g., an exhaust fan or light fixture).
As an example of the foregoing repair and maintenance obligations, if
(subsequent to any applicable warranty period) the exhaust fan referred to
above breaks, the Unit Owner shall be responsible for its repair. If,
however, the exhaust fan fails to operate because of a faulty wire located
within the wall of the Unit, then the Unit Owner will not be responsible
for the repair (because, in fact, it is not the exhaust fan that is faulty but
rather the wire delivering electrical current to such exhaust fan that is
faulty in accordance with Section 5. 1 (d)(iii) and because such faulty wire
is not within the Private Residence Unit). Notwithstanding the foregoing,
all items not deemed to "comprise" or be "contained" in a Unit under the
foregoing provisions thatrequire repair as a result of prior alterations or
other actions by a Unit Owner (or a predecessor Unit Owner) or such Unit
Owner's Permittees or Permitted Users shall also be the responsibility of
such Unit Owner to repair (e.g., if a Unit Owner is installing shelYing in
his or her Unit and in so doing damages electrical wires within the wall of
such Unit, if a Unit Owner remoyes or modifies a water line within the
walls of his or her Unit and in so doing damages such water lines, or if a
Unit Owner causes the plumbing to back up, then such Unit Owner shall
be responsible for repairing the damaged electrical wires, repairing the
altered water line (if it ever requires repair), and cleaning out the
plumbing).
5.2 Specific Powers and Duties of the Condominium Association. The
Condominium Association, acting alone (through the Condominium Association Board,
its officers, or other duly authorized representatiyes) may, subject to the provisions of the
Goyerning Instruments, exercise any and all rights and powers herein enumerated and,
1" Amended Declaration of Covenants and Restrictions
For Cedar Springs Meadows Condominiums
13 of 39
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except as specifically limited herein, all the rights and powers of a non-profit corporation
under the laws of the State of Wyoming. The following powers and duties are in
amplification and not a limitation of the foregoing powers and duties:
(a) Bank Accounts. The Condominium Association shall haye ~he
power and duty to establish and maintain the General Account and a Reserye Account,
and to deposit therein all funds collected by the Condominium Association from the
Condominium Association Members in connection with its rights and duties hereunder as
follows:
(i) All funds shall initially be deposited in the General Account.
Funds deposited in the General Account may be used by the
Condominium Association only for the purposes for which such funds
have been collected.
(ii) Within ten (10) days after deposit in the General Account, all
amounts collected for Condominium Reserye Expenses shall be deposited
in a Reserve Account. The Condominium Association shall keep accurate
books and records reflecting the amount in such Reserye Account. Funds
deposited in such Reserve Account shall be held in trust and, except in an
emergency, may be used by the Condominium Association only for the
specific purposes for which such funds have been collected. Funds held in
such Reserye Account and used in an emergency shall be replaced in such
Reserye Account as soon as practicable after the date upon which the
emergency arose but in no event later than the end of the Fiscal Year
immediately following the Fiscal Year in which such emergency occurred.
Interest, if any, earned on Reserye Account funds shall be accumulated
therein and shall be used only for payment of Condominium reserye
expenses and any taxes incurred by the Condominium Association as a
result of the earning of such interest.
(b) Delegation-Employment of Agents. The Condominium Association
shall have the power and duty to delegate the authority and responsibilities of the
Condominium Association hereunder to one or more agents, including, without
limitation, the Condominium Association Manager as provided for in Section 5.3 of this
Declaration, and the power to employ the seryices of any person or corporation as
Condominium Association Manager (in accordance with Section 5.3), or conduct, and
perform the business, obligations and duties of the Condominium Association.
I
I J (c) Condominium Association Budgets and Financial Statements. The
Condominium Association shall haye the power and duty to cause to be regularly
prepared financial statements for the Condominium Association and copies thereof to be
distributed to all Condominium Association Members.
1" Amended Declaration of Covenants and Restrictions
For Cedar Springs Meadows Condominiums
J 4 of 39
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000895
5.3 Authority and Duty to Engage Condominium Association Manager.
The Condominium Association shall haye the authority to engage and the obligation to
use its best efforts to engage and maintain a reputable firm or person as the
Condominium Association Manager to manage, conduct and perform the business,
obligations and duties of the Condominium Association pursuant to a Condominiu,m
Association Management Agreement. The Condominium Association Manager shall
haye the right to ingress and egress over such portions of the Condominium Property as is
necessary for the performance of such business, duties and obligations.
5.4 Limitation on Powers of the Condominium Association Manager.
The Condominium Association Manager shall not, without haYing first obtained the
Consent of the Declarant/Deyelopers: (a) enter into a contract with a third person or
entity whereby such person or entity will furnish goods or seryices for the management,
operation, maintenance and repair of the Condominium Property, for a term longer than
one (1) year, except for (i) a contract with a public utility company if the rates charged
for the materials or services are regulated by the Wyoming Public Service Commission,
provided, howeyer, that the term of the contract shall not exceed the shortest term for
which the supplier will contract at the regulated rate, or (ii) a prepaid casualty and/or
liability insurance policies not exceed three (3) years duration provided that the policy
permits short-rate cancellation by the insured; (b) incur aggregate expenditures for capital
improvements to any common facilities owned by the Condominium Association in any
Fiscal Year in excess of five percent (5%) of the budgeted gross expenses for the
property of the Condominium Association for the Fiscal Year; (c) during any Fiscal Year,
sell any property of the Condominium Association having an aggregate fair market value
greater than five percent (5%) of the budgeted gross expenses for the Condominium
Association for that Fiscal Year; and (d) pay compensation to members of the
Condominium Association Board or to the officers of the Condominium Association for
!services performed in the conduct of the Condominium Association's business; proYided,
ihoweyer, that the members of the Condominium Association Board or officers of the
!Condominium Association may be reimbursed for expenses incurred in carrying on the
Ibusiness of the Condominium Association.
I 5.5 Limited Liability-Condominium Association Manager and
Association. Neither the Condominium Association nor the Condominium Association
Manager shall be responsible for the acts, omissions or conduct of any Unit Owner or
Permitted User, or for the breach of any of the obligations of any Unit Owner or
Permitted User. Notwithstanding the duty of the Condominium Association to maintain
and repair Condominium Property, and except to the extent covered by insurance, the
Condominium Association shall not be liable to Unit Owners for injury or damage, other
than for the cost of maintenance and repair, caused by any latent condition of the
Condominium Property to be maintained and repaired by the Condominium Association
or caused by natural elements or other Unit Owners or persons. All users of the
Condominium Property and the Units do so at their own risk.
1" Amended Declaration of Covenants and Restrictions
For Cedar Springs Meadows Condominiums
15 of 39
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ì 5.6 Condominium Association-Personal Liability, Indemnification. No
director or officer of the Condominium Association shall be personally liable to any Unit
Owner, or to any other party, including the Condominium Association, for any damage,
loss or prejudice suffered or claimed on account of any act, omission, error or negligence
of the Condominium Association, the Condominium Association Board or any oth~r
representative or employee of the Condominium Association or any officer of the
I Condominium Association, proyided that such person has, upon the basis of such
information as may be possessed by him, acted in good faith, and without willful or
intentional misconduct. The Condominium Association hereby agrees to indemnify any
director of the Condominium Association against any liability for any damage, loss or
prejudice suffered or claimed on account of any act, omission, error or negligence by
such director in representing the Condominium Association, proyided that such person
has, upon the basis of such information as may be possessed by him or her, acted in good
faith, and without willful or intentional misconduct.
ARTICLE VI.
ASSESSMENTS AND PERSONAL CHARGES
6.1
the later of
Creation of Personal Obligations for Assessments. From and after
(a)
January 1,2006 or
(b) the date of the closing of escrow for the sale of the first Unit Interest,
Declarant/Developer, for each Declarant/Deyeloper Interest, hereby covenants, and each
Unit Owner accepting the conyeyance of a Unit Interest, whether or not it shall be so
expressed in the Original Deed, shall be deemed to haye covenanted and agreed for each
Unit Interest owned, to pay the Condominium Assessment, the Tax Assessment, all
special Assessments, and all Reconstruction Assessments, which shall be established,
made and collected as hereinafter proYided. Declarant/Developer may, to the extent
permitted by law, in lieu of payment of the Condominium Assessment, enter into a
Condominium Subsidy Agreement with the Condominium Association with respect to
any Units owned by Declarant/Developer. Assessments, together with interest thereon,
costs and reasonable attorneys' fees shall be the personal obligation of each Unit Owner
at the time each Assessment becomes due and payable and shall be a lien and charge
upon the Unit Interest against which such Assessment is made. The personal obligation
for delinquent Assessments shall pass to a successor-in-title to a Mortgagee and to all
other successors-in-title except for a Mortgagee or Declarant/Deyeloper, or an affiliate of
Declarant/Deyeloper, with respect to any Unit Interest that Declarant/Developer, or such
affiliate, reacquires after the initial conveyance of such Unit Interest by
Declarant/Developer. No Unit Owner may waive or otherwise avoid liability for the
Assessments by non-use of his or her Unit Interest or any part thereof or any
abandonment thereof.
1" Amended Declaration of Covenants and Restrictions
For Cedar Springs Meadows Condominiums
16 of 39
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6.2 Purpose of Assessments. Assessment shall be used exclusively to
fund the Condominium Association Budget and other expenses of the Condominium
Association.
6.3 Limitation on Condominium Assessment. The Condominium ..
Assessment (not including real property taxes levied against any Unit) for any applicable
Fiscal Year subsequent to the first full Fiscal Year shall not exceed one hundred twenty
percent (120%) of the Condominium Assessment (not including real property taxes
leyied against any Unit) for the preceding Fiscal Year (without regard to any increase or
decrease as set forth in Section 6.4 of this Declaration), without the consent of the
Declarant/Developers.
6.4 Reduction of Condominium Association Budget. Each Unit Owner
hereby agrees that in the eyent the Condominium Association Board shall determine at
any time during the Fiscal Year that the Condominium Association Budget is, or will be,
in excess of the amounts needed to meet the Condominium Association Expenses (other
than Condominium Reserve Expenses) for such Fiscal Year, the Condominium
Association Board shall have the authority, exercisable in its sole discretion, to cause to
be prepared an estimate of the amount of such excess, which excess shall then be
subtracted from the previously prepared Condominium Association Budget for the Fiscal
Year to which such excess is applicable. The Condominium Association Expenses
reflected in the reduced total Condominium Association Budget shall then be allocated
among the Unit Owners. Except as may be determined by the Unit Owners on an annual
basis:
(i) no Unit Owner shall, by reason of such reduction, be entitled to a
refund of all or any portion of any Condominium Assessment previously
paid, and;
(ii) each Unit Owner hereby agrees that any amount assessed and
collected in excess of the amount required to meet the Condominium
Association Expenses (other than Condominium Reserve Expenses) shall
be applied to reduce the amount assessed to meet the Condominium
Association Expenses, respectiyely, for the next succeeding Fiscal Year.
Any reduction in the Condominium Association Budget, as proyided
herein, shall not relieve any Unit Owner for his or her obligation to pay
any past-due Condominium Assessment.
6.5 Condominium Assessment. The Condominium Assessment shall
commence as to each Unit Interest on the later of:
(a)
1. January 1,2006; or
1" Amended Declaration of Covenants and Restrictions
For Cedar Springs Meadows Condominiums
17 of 39
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000898
ii.
the date of the closing of the escrow for the sale of the first Unit
Interest.
(b) The Declarant/Deyeloper shall be exempted from the payment of
the Condominium Assessment for all Unit Interests owned by the Declarant/Deyel<?per.
6.6 Payment of Condominium Assessment and Tax Assessment. The
Condominium Assessment and Tax Assessment shall be paid as follows:
(a)
paid as follows:
Condominium Assessment. The Condominium Assessment shall be
(i) For any Fiscal Year in which a Non-Declarant/Developer acquires
a Unit Interest, such Non-Declarant/Developer shall pay the
Condominium Assessment as provided in the Purchase Agreement.
.-
(ii) That portion of the Condominium Assessment which is attributable to
(A}Project Reserve Expenses shall be deposited by the Condominium
Association in a Reserve Account in the name of and as directed by the
Association, and (B) Condominium Reserve Expenses shall be deposited
by the Condominium Association in a Reserye Account as determined by
the Condominium Association.
(b)
Tax Assessment. The Tax Assessment shall be paid as follows:
(i) For any Tax Year in which a Non-Declarant/Developer acquires a
Unit Interest, the Tax Assessment attributable to such Unit Interest shall
be payable by the Non-Declarant/Deyeloper as provided in the Purchase
Agreement, and for each Tax Year thereafter, the Tax Assessment for such
Unit Interest shall be payable concurrently with payment of the
Condominium Assessment; and
(ii) For each Tax Year, the Tax Assessment attributable to each
Declarant/Deyeloper Interest shall be payable by Declarant/Developer in
two (2) equal semi-annual installments, payable on such dates as
Wyoming Law requires; provided, however, that upon conveyance of a
Declarant/Developer Interest by Original Deed, the Tax Assessment
attributed thereto shall be paid by the purchaser thereof as set forth in
Section 6.6(b)(i), above.
6.7 Special Assessments. If the Condominium Assessments collected or
to be collected for a particular Fiscal Year are, or will be, inadequate to meet all expenses
incurred by the Condominium Association hereunder (other than for items constituting
Personal Charges) for any reason, including, without limitation, nonpayment by any Unit
j" Amended Declaration of Covenants and Restrictions
For Cedar Springs Meadows Condominiums
18 of 39
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O' ^-sf..\' ,_) ~u
000899
Owner of any Assessment on a current basis, the Condominium Association shall
immediately determine the approximate amount of such inadequacy, prepare and
distribute a supplemental Condominium Association Budget and levy against each Unit
Interest in accordance with the method for determining the Condominium Assessment, a
Special Assessment. Any Special Assessment shall be payable in one lump sum 0('
periodically, as determined by the Condominium Association. Notwithstanding the
foregoing, a Special Assessment against a Unit Owner or Unit Owners may not be
imposed without the prior approyal of a majority of the Unit Owners, except for special
Assessments;
I
I i (a) agains' all Unit Owners in any Fiscal Year which do not exceed five
percent (5%) of the budgeted gross expenses of the Condominium Association for such
Fiscal Year,
I
I (b) for the repair or rebuilding of a Unit which does not exceed ten
percent (10%) of the budgeted gross expenses of the COndOmInIUm AssocIatIon for the
Fiscal Y êar in which the Special Assessment is leyied, or
(c) against a Unit Owner or Unit Owners for the purpose of reimbursing
the Condominium Association for costs incurred in bringing such Unit Owner or Unit
Owners into compliance with provisions of the Governing Instruments.
6.8 Personal Charges.
(a) Personal Charges are not Assessments and the remedies available to
the Condominium Association against any Unit Owner for nonpayment of such Unit
Owner's Personal Charges are those remedies provided ill Section 7.1 and Section 7.2(a)
of this Declaration.
(b) Personal Charges shall be paid by each Unit Owner to whom such
Personal Charge relates.
ARTICLE VII.
ENFORCEMENT OF RESTRICTIONS
7.1 In General.
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(a) In the eyent that any Unit Owner or Permitted User(s) should fail to
comply with any of the provisions of the Goyerning Instruments of the Condominium
Association or the Project Association, the Condominium Association or any other Unit
Owner(s) shall haye full power and authority to enforce compliance with such Governing
Instruments in any manner provided for therein, by law or in equity, including without
1" Amended Declaration of Covenants and Restrictions
For Cedar Springs Meadows Condominiums
19 of 39
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limitation, the right to enforce such Goyerning Instruments, by bringing an action for
damages, an action to enjoin the violation or specifically enforce the provisions for such
Governing Instruments, to enforce the liens proyided for herein and any statutory lien
provided by law, including the foreclosure of any such lien and the appointment of a
receiyer for a Unit Owner and the right to take possession of the Unit Interest of any Unit
Owner in any lawful manner. In the event the Condominium Association or any Unit
Owner(s) shall employ an attorney to enforce the proyisions of the Governing
Instruments of the Condominium Association against any Unit Owner or Permitted User,
the prevailing party shall beentitled to recovery from the Unit Owner or Permitted User
violating any such proyisions reasonable attorneys' fees and costs in addition to any other
amounts due as provided for herein.
(b) All sums payable hereunder by a Unit Owner or Permitted User
which become Delinquent shall bear interest at the Agreed rate: commencing on the date
:such payment becomes Delinquent, or if advanced or incurred by the Condominium
Association, or any other Unit Owner or Permitted User pursuant to authorization
icontained in this Declaration, commencing thirty (30) days after repayment is requested.
,(c) Each Unit Owner or Permitted User who becomes Delinquent in the
Ipayment of any amount due the Condominium Association shall pay to the Condominium
IAssociation a late charge of Twenty-Five Dollars ($25.00), or such other amount as may
be determined by the Condominium Association Board from time to time, for each
payment which is Delinquent.
(d) All enforcement powers of the Condominium Association shall be
cumulative. Each Unit Owner or Permitted User accepting the conveyance of a Unit
Interest shall be deemed to have coyenanted and agreed that the Condominium
Association shall haye all of the rights, powers and remedies set forth in this Article VII
and elsewhere in this Declaration.
7.2 Certain Specific Enforcement Powers. In amplification of, and not in
limitation of, the general powers specified in Paragraph 7.1 of this Declaration, the
Condominium Association shall haye the following rights and powers:
(a) Suspension of Priyileges. If any Unit Owner, or such Unit Owner's
Permitted User, shall be in breach of the Goyerning Instruments, including but not
limited to the failure of such Unit Owner to pay and Assessment or Personal Charges
attributable to, or incurred in connection with, a Unit Interest on or before the due date
therefore, or for the failure of a successor-in-title of a Unit Interest to promptly cure any
past due Assessments or other amounts due and owing to the Condominium Association,
whether or not the obligation to pay for such Assessment or other amount due arose prior
to the time such successor-in-title obtained such Unit Interest, subject to the limitations
hereinafter set forth in Section 6.1 and this Section 7.2(a), the Condominium Association
may suspend such Unit Owner's right arising from the ownership of such Unit Interest to
1" Amended Declaration of Covenants and Restrictions
For Cedar Springs Meadows Condominiwns
20 of 39
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participate in any yote or other determination proyided for herein, may suspend
Management Services to such Unit Owner, and may assess monetary penalties as may be
proyided in the Condominium Bylaws.
00090:1
The Condominium Association may delegate to the Condominium AssociatJon
Manger the power, in accordance with the preceding sentence, to suspend the privileges
of any Unit Owner or Permitted User during the period of time that such Unit Owner or
Permitted User is Delinquent in the payment of an Assessment or Personal Charge duly
levied by the Condominium Association. No such suspension, except a suspension of
priYileges for the failure of such Unit Owner or Permitted User to pay any Assessments
or Personal Charges, any portion thereof or any other amount(s) due hereunder on or
before the due date therefore, or imposition of monetary penalties shall be made except
after a meeting of the Condominium Association Board at which a quorum of the
Condominium Association Board is present (pursuant to the Condominium Bylaws), duly
called and held for such purpose. Written notice of such meeting, the purpose thereof,
including the reasons for the suspension sought or the monetary penalties sought to be
imposed, and whether the Unit Owner's or Permitted User's defense shall be oral or
written, shall be given to the Unit Owner or Permitted User against whom such actiYity is
to be taken at least fifteen (15) days prior to the holding of such meeting. Such notice
shall be given as provided at Paragraph 12.4 of this Declaration. Such Unit Owner or
Permitted user shall be entitled to appear at such meeting and present his or her case,
either orally or in writing as designated by the Condominium Association Board, as to
why his or her privileges should not be suspended or monetary penalties imposed. The
decision as to whether such privileges should be suspended or monetary penalties
imposed shall be made by a majority of the members of the Condominium Association
Board present at such meeting. Written notice of suspension or monetary penalties
imposed, the reasons therefore and the length or amount hereof shall be given to the
affected Unit Owner or Permitted User and the suspension or penalties shall become
effectiye on the date such notice is given, which date shall be not less than five (5) days
åfter the date of such meeting. If such suspension or privileges or imposition of monetary
penalties is based on the failure of a Unit Owner or Permitted User to pay Assessments,
Personal Charges or any other amount(s) due hereunder when due attributable to, or
ï'ncurred in connection with, a Unit Interest, the suspended privileges of such Unit Owner
or Permitted User with respect to such Unit Interest shall be reinstated automatically at
i such time as the Unit Owner or Permitted user shall have paid to the Condominium
Association, in cash or by cashier's or certified check, all amounts past due as of the date
of such reinstatement and all monetary penalties imposed, together with accrued and
unpaid interest and any late charges imposed which are attributable to. Or were incurred
in connection with, such Unit Interest if such suspension of privileges shall be
automatically reinstated upon the earlier of the expiration of the period stated in the
suspension notice or payment of the monetary penalties imposed.
(b) Enforcement of Lien. Subject to the proYisions of Paragraph 7.3 of
this Declaration, there is hereby created a claim of lien, with foreclosure by
1'/ Amended Declaration of Covenants and Restrictions
For Cedar Springs Meadows Condominiums
21 of 39
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'0921525
000902
advertisement and power of sale, on each and eyery unit Interest to secure the prompt and
faithful performance of each Unit Owner's obligations
(i) under the Goyerning Instruments and
.
.
(ii) to pay the Condominium Association any and all Assessments
levied against any and all Unit Interest under this Declaration,
together with interest thereon at the agreed Rate from the date such
payment becomes Delinquent, and all late charges and costs of
collection which may be paid or incurred by the Condominium
Association in connection therewith, including reasonable attorneys'
fees. The lien is perfected from and after the recording of this
Declaration without the necessity or recording any notice of lien.
At any time within thirty-five (35) days after the occurrence of any default in the
payment of such Assessment or performance secured, the Condominium Association or
any authorized representative may, but shall not be required to make a written demand
for payment to the defaulting Unit Owner. Said demand shall state the date and amount
of the delinquency with respect to which the Unit Owner is in default. Each default shall
constitute a separate basis for a demand or claim of lien or a lien, but any number of
defaults may be included within a single demand or claim of lien. If such delinquency is
not paid or default is not cured within ten (10) days after delivery of such demand, or
within forty-fiye (45) days after the date of delinquency or default if no written demand is
made, the Condominium Association may elect, but shall not be obligated, to file and
record a notice of default and claim of lien (with a copy to the Mortgagee of such
defaulting Unit Owner if such Mortgagee has requested a copy and furnished its name
and address to the Condominium Association) on behalf of the Condominium
Association against the Unit Interest of the defaulting Unit Owner in the Office of the
. County Recorder. Such a notice of default and claim of lien shall be executed and
¡ acknowledged by any officer of the Condominium Association, and shall contain
I substantially the following information:
(i) The name of the defaulting Unit Owner;
(ii) The total amount of the delinquency, interest thereon, late charges,
collection costs and reasonable attorneys' fees;
(iii) A statement that the notice of default and claim of lien is made by the
Condominium Association pursuant to this Declaration; and
(iy) A statement that a lien is claimed and will be foreclosed against the
Unit Interest in an amount equal to the amount stated.
J" Amended Declaration of Covenants and Restrictions
For Cedar Springs Meadows Condominiums
22 of 39
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The recordation of a duly executed original or copy of such a notice of default and
claim of lien, and mailing a copy thereof to the defaulting Unit Owner, shall not
constitute a condition precedent to nor delay the attachment of the lien. The lien claimed
in such a notice of default and claim of lien shall attach to the Unit Interest without notice
at the beginning of the first day of any period for which any Assessment is leyied. Any
such lien may be foreclosed by appropriate action in court or in the manner provided by
law for the foreclosure of a mortgage by advertisement and power of sale contained
therein or in the manner provided by law for the enforcement of a judgment as the laws
of the State of Wyoming may from time to time be changed or amended. The
Condominium Association shall have the power to bid at any foreclosure sale; trustee's
sale or judgment sale, to purchase, acquire, lease, hold, mortgage and convey any Unit
Interest acquired at such sale subject to the proyisions of this Declaration reasonable
attorneys' fees, court costs, title search fees, interest, accrued Assessments and Taxes, and
all other costs and expense shall be allowed to the extent permitted by law. The proceeds
of any foreclosure, trustee's or judgment sale proyided for in the Condominium
Declaration shall first be paid to discharge court costs, court reporter charges, reasonable
attorneys fees, title costs and costs of the sale, and all other expenses of the proceedings
and sale, and the balance of the proceeds, after satisfaction of all charges, monetary
penalties and unpaid Assessments hereunder or any liens, and subject to the rights of any
Mortgagee, shall be paid to the defaulting Unit Owner. The purchaser at any such sale
shall obtain title to the Unit Interest after the expiration of any applicable period of
redemption free from the sums or performance claimed, except as stated in this Section
7.2(b), but otherwise subject to the proYisions of the Governing Instruments, and no such
sale of transfer shall relieye such Unit Interest of the purchaser thereof from liability for
any Assessments, Taxes, other payments for performance thereafter becoming due or
from the lien therefore as proyided for in this Section. All
Sums assessed hereunder but still unpaid shall remain the obligation of and shall be
payable by the person foreclosed upon; but if such sum should prove uncollectible, then it
shall be deemed to be a Condominium Basic Expense, collectable from all of he other
Unit Owners, including the purchaser thereof at foreclosure, and shall be shared among
such Unit Owners in the same manner as other Condominium Basic Expenses are shared.
Upon the timely notice of any default for which a notice of default or claim of lien was
filed by the Condominium Association, the officers of the Condominium Association are
hereby authorized to record an appropriate release of such lien in the Office of the
County Recorder.
~:jW~~~~ma
7.2 Subordination to Certain Encumbrances. The lien provided for herein
shall be prior to all encumbrances made by a Unit Owner or imposed by l~gal process
upon any Unit Owner except (i) taxes, bonds, assessments and other leyies which bylaw
are prior thereto, and (ii) the lien of any Prior Mortgages whether the notice of lien is
recorded prior or subsequent to any such encumbrances, including foreclosure of a Prior
Mortgage, shall not defeat or affect the lien provided for herein. No such sale or transfer
shall relieve such Unit Interest or the purchaser thereof from liability for any
Assessment(s) thereafter becoming due or from the lien thereof.
I
1" Amended Declaration of Covenants and Restrictions
For Cedar Springs Meadows Condominiums
23 of 39
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000904
7.3 Waiver of Homestead Exemption. Each Unit Owner hereby agrees that
neither Declarant/Deyeloper's nor any Association's rights or remedies nor any Unit
Owner's obligations under the terms of any of the Goyerning Instruments shall be .
released, diminished, impaired, reduced oraffected by, and the liability of each Unjt
Owner under the Governing Instruments shall be absolute and unconditional irrespectiye
of any homestead exemption or other exemption under applicable law. Each Unit Owner
hereby expressly waives all homestead exemption rights and rights under any other
exemption under applicable law against the obligations of each Unit Owner pursuant to
the Governing Instruments.
ARTICLE VIII.
CONDOMINIUM ASSOCIATION AS ATTORNEY-IN-FACT
8.1. Appointment. Each and every Unit Owner hereby irreyocably constitutes
and appoints the Condominium Association as such Unit Owner's true and lawful
attorney-in-fact in such Unit Owner's name, place and stead for the purpose of dealing
with the Condominium Property upon its damage, destruction or condemnation as
proyided below in Article 9. In addition, the Condominium Association, or any insurance
trustee or substitute insurance trustee designated by the Condominium Association, is
hereby appointed as attorney-in-fact under this Declaration for the purpose of purchasing
and maintaining insurance under Article XI, including: (i) the collection and appropriate
disposition of the proceeds of such insurance, (ii) the negotiation of losses and the
execution of releases of liability, (ii) the execution of all documents; and (iy) the
performance of all other acts necessary to accomplish such purpose. The Condominium
Association, or any insurance trustee, shall hold or otherwise properly dispose of any
insurance proceeds in trust for the Unit Owners and their Mortgages, as their interest may
appear. Acceptance by a grantee of a deed or other instrument of conveyance from
Declarant/Developer or from any Unit Owner shall constitute appointment of the
attorney-in-fact as provided above, If the Condominium Association Boards fails to
approve any exercise of authority as attorney-in-fact, the Condominium Association shall
have such authority as it may have pursuant to the Act. Each Unit Owner's appointment
of the Condominium Association as attorney-in-fact as provided herein is a power
coupled with an interest, and no further document or instrument is necessary to evidence
the condominium Association's appointment.
-
8.2 General Authority. As attorney-in-fact, the Condominium Association
shall have full and complete authority, right and power to make, execute and deliyer any
contract, assignment, deed, waiyer or other instrument with respect to the interest of any
Condominium Association as attorney-in-fact.
ARTICLE IX
DAMAGE. DESTRUCTION, OR CONDEMNATION
1" Amended Declaration of Covenants and Restrictions
For Cedar Springs Meadows Condominiums
24 of 39
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Ö9~J~26 000905
I: 9.1 In General. In the event of any damage or destruction other than by
normal wear and tear, whether resulting from an insured or uninsured casualty, to all or
any portion of the Condominium Common Area Furnishings or other real or personal
property owned by the Condominium Association, the Condominium Association shall
promptly cause such to be repaired, restored or replaced as near as may be possible, to its
condition immediately prior to such damage or destruction. The Condominium
Association Board may leyy a Reconstruction Assessment on all of the Unit Owners in
accordance with the method set forth below and in accordance with Section 5.2(f) for the
amount required to make up for any deficiencies between the total insurance proceeds
and the contract price for such repair and rebuilding (the "Reconstruction Shortfall").
(a) Reconstruction Shortfall Per Unit. For each Unit, the Reconstruction
Assessment against such Unit shall be an amount determined by multiplying the
Reconstruction Shortfall by the ratio of the aggregate square footage of such Unit divided
by the aggregate square footage of all Units which are subject to this Declaration.
(b) Exceptions. Notwithstanding Section 9.1(a) aboye, if the loss, damage or
destruction was caused by the intentional or negligent act, or failure to act, of any Unit
Owner or such Unit Owner's Permitted User(s), the cost of such repair shall be a Personal
Charge of, and be paid by, such Unit Owner as provided in Paragraph 6.8 of this
Declaration to the extent such loss, damage or destruction is not coyered by insurance.
All insurance monies recovered on account of such damage or destruction, less the cost,
if any, of such recovery, shall be applied to the payment of the cost of repairing,
replacing and rebuilding, and shall be paid out from time to time by the Condominium
Association Board as such work progresses upon the written certification of the architect
or engineer if applicable, or the contractor in charge of such work, stating that the sum
requested is justly due to those persons rendering seryices or furnishing materials in
connection with such work. Notwithstanding the foregoing provisions, the aggregate of
all Special Assessments (including all Reconstruction Assessments) levied during a
Fiscal Year, may not exceed five percent (5%) of the budgeted gross expenses of the
Condominium Association for such Fiscal Year without the approval of the Unit Owners
in accordance with the Condominium Bylaws.
9.2 Taking of All Condominium Association Property. In the event all the real
or personal property owned by the Condominium Association is taken under the power of
eminent domain, that portion of the condemnation award which is paid to the
Condominium Association on account of the taking of such real or personal property
shall be diyided among and distributed to the Unit Owners (subject to rights of
Mortgagees (other than Declarant/Deyeloper Mortgagee)). The proportionate interest of
each Unit Owner in such proceeds shall be equal to a fraction, the numerator of which is
the current fair market value of the Unites) owned by such Unit Owner and the
denominator of which is the total fair market yalue of all the Units, as determined by an
independent appraiser appointed by the Condominium Association Board; proyided such
f'~;~::j:¡:::N:::::::'¡
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1" Amended Declaration of Covenants and Restrictions
For Cedar Springs Meadows Condominiums
25 of 39
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I independent appraiser shall be a member of the American Institute of Real Estate
! Appraisers or any successor organization.
I '
I 9.3 Partial Taking of Condominium Association Property. In the eyentof a
, partial taking of real or personal property owned by the Condominium Association., ,
i which taking includes the Condominium Common Area Furnishings, all condemnation
! awards shall be paid to Mortgagees (other than Declarant/Developer Mortgagee), at their
! option, as their .interest may appear, and any award not paid to such Mortgagees shall be
! paid to the Condominium Association. The Condominium Association shall use all
amounts awarded to it on account of such taking to repair, reconstruct or restore the
remaining property owned by the Condominium Association as nearly as may be possible
to its condition immediately prior to such taking, or if that is not reasonably possible, to
acquire and improye other real or personal property to replace the property or portions of
the Condominium Common Area Furnishings, which were taken; provided, however, that
the Condominium Association shall not be obligated to replace such real or personal
property if seventy-five percent (75%) or more of the voting power of the Condominium
Association elects to distribute the condemnation award rather than make such
replacement, in which case it shall be disbursed to each Unit Owner (subject to the rights
of the Mortgagees (other than Declarant/Deyeloper Mortgagee)). If the Condominium
Association Members do not elect, within sixty (60) days after the taking of the
Condominium Association property, to distribute the condemnation award, the
Condominium Association Board shall proceed with such repair and restoration and the
acquisition and improvement of new property, and may leyy a Special Assessment on the
Unit Owners in accordance with Section 6.7 to raise any funds needed for such purpose
in excess of the condemnation award. If the Condominium Association Members do not
approve such Special Assessment, if such approyal is required, the Condominium
Association Board shall perform such repair and restoration work and make such
acquisitions as are possible with the available funds.
000906
]" Amended Declaration of Covenants and Restrictions
For Cedar Springs Meadows Condominiums
26 of 39
9.4 Taking of Units. In the event of a taking of some or all of the Units, those
Unit Owners whose Units are taken shall be entitled to retain (subject to the rights of the
Mortgagees (other than Declarant/Developer Mortgagee) and any unpaid assessments)
the award made to them for such taking, and any such award shall be paid only to such
Unit Owners. The Condominium Association shall, within ninety (90) days after the
taking cause an amended Condominium Plat depicting the new configuration of the Units
and the reyised number of Units, and shall prepare an amendment to this Declaration to
be executed by all Unit Owners, Mortgagees (other than Declarant/Developer
Mortgagee), and other persons or entities required by law to execute such documents, and
record such amendment in the Office of the County Recorder, and all unit Owners and
Mortgagees (other than Declarant/Developer Mortgagee) hereby agree, and such other
persons or entities are deemed to agree, to execute all such documents.
9.5 No Limitation of Remedies. Nothing contained in this Article IX shall be
deemed to limit the right of a Unit Owner to pursue all available legal remedies and
O<A21.r.;26·
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obtain all compensation to which such Unit Owner may be entitled by reason of the
taking of or damage to his or her Unit.
ARTICLE X.
PROTECTION OF MORTGAGEES
10.1 Conflict. The proyisions and requirements of this Article X and any other
provisions and requirements of the Condominium Declaration relating to the rights of
Mortgagees (i) shall prevail over any conflicting proyisions of this Declaration, the
Condominium Articles, the Condominium Bylaws; and (ii) are in addition to any other
proYisions of this Declaration.
10.2 Application of Assessments. No Mortgagee shall be liable for the payment
of assessments against an Unit, except those accruing after such Mortgagee obtains title
to such Unit pursuant to its remedies under its Mortgage.
I
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I 10.3 Subordination of Assessment Lien. The lien of any assessment created
under this Declaration which arises before the time at which a Mortgagee obtains title to
~he mortgaged property shall be subordinate to the lien of the Mortgage held by the
Mortgagee. However, the sale or transfer of title to property by deed, assignment or
tonveyance in lieu of foreclosure, or any other yoluntary conveyance of title, shall not
I relieye (i) a Unit Owner or its grantee or other successors and assigns (whether as a
. result of a foreclosure or deed-in-lieu of foreclosure or otherwise by specifically
excluding any Mortgagee itself or Declarant/Deyeloper, or an affiliate of
Declarant/Deyeloper, with respect to an Unit Interest it, or such affiliate, reacquires after
the initial conveyance of such Unit Interest by Declarant/Developer) from liability from
any charges which become due and payable before such sale or transfer, or (ii) Unit
Owner or its grantee or other successors and assigns from liability from any charges
which thereafter become due and payable, as the case may be.
lOA Limitation of Enforcement Against Mortgagees. No violation of this
Declaration by a Unit Owner or enforcement of this Declaration against a Unit Owner
shall impair, defeat or render inyalid the lien of any Mortgage against the Unit Owner's
property, but this Declaration shall be enforceable against any Unit Owner whose title is
acquired by foreclosure, trustee's sale, voluntary conveyance, or otherwise.
10.5 Notice by Mortgagees. All persons and entities holding a Mortgage
affecting any portion of the Deyelopment Land shall give written notice to the
Condominium Association Board of the nature of their interests in the Deyelopment
Land, as well as the recording information pertaining to all deeds of trust, mortgages and
other security instruments encumbering property in the Condominium Property, and the
amount of indebtedness secured by any such deed of trust, mortgage or security
instrument. Any person who has not given he notice required by this Section 10.5 shall
not be entitled to the rights of a Mortgagee accorded by this Declaration.
~~~¡m~i.
1" Amended Declaration of Covenants and Restrictions
For Cedar Springs Meadows Condominiums
27 of 39
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10.6 Notice. All Mortgagees are entitled, upon written request and after
furnishing their addresses in writing to the Condominium Association Manager, to
receiye written notice from the Condominium Association Manager of any default by a
Unit Owner under this Declaration which is not cured within thirty (30) days.
ARTICLE XI.
INSURANCE
11.1 Condominium Association. The Condominium Association shall have the
power and duty to obtain and pay the cost of:
(a) Damage to Property. On and after the Starting Date, insurance against
loss or damage to the Condominium Common Area Furnishings, by fire and other risks
and hazards customarily covered by an insurance policy written on all risk basis,
including, to the extent available at a reasonable cost, earthquakes and environmental
risks. The stipulated amount of such insurance shall be based on the full replacement
cost thereof at the time and place of loss, and the Condominium Association shall either
(a) annually update such stipulated full replacement cost amount to reflect the-current
estimated full replacement cost thereof, or (b) procure and maintain an endorsement
¡which provides for full reimbursement for the actual cost of repair or replacement
:thereof, without deduction for depreciation.
II (b) Burglary and Tbeft. On and after the Starting Date, insurance against
,hazards such as burglary and theft coyering the Condominium Common Area
'Furnishings and any other personal property owned by the Condominium Association.
(c) Directors. Officers and Employees. To the extent ayailable ata reasonable
cost, directors' and officers' liability insurance, Workers' Compensation Insurance and
any other insurance deemed necessary or desirable by the Condominium Association.
Such other policies of insurance shall cover such risks, be written by such insurers, and
be in such amounts as the Condominium Association shall deem necessary and proper
under the circumstances. The Condominium Association shall cause to be covered by a
fidelity bond or insurance providing for a blanket crime endorsement, any employee or
agent of the Condominium Association Manager or the Condominium Association who
may have care of funds of any Unit Owner, Permitted User, or of the Condominium
Association. The loss coyerage under any such bond or policy shall be not less than the
maximum amount of funds of the Condominium Association over which the principals
under the bond or policy may reasonably be expected to have control or access at any
time. All insurance policies obtained by the Condominium Association hereunder shall
comply with all requirements imposed under the This Declaration and, in addition, shall
name all Unit Owner (as a class), Declarant/Deyeloper (indiYidually), the Condominium
Association Manage (individually) and any Mortgagee or beneficiary under a Prior
Mortgage encumbering all or an Declarant/Developer Interests as Declarant/Deyeloper
]st Amended Declaration of Covenants and Restrictions
For Cedar Springs Meadows Condominiwns
280f39
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09"""' ",\.,_iMt)
000909
shall designate by written notice to any officer of the Condominium Association, as
additional insureds. Liability insurance shall contain appropriate waivers of subrogation
against any Unit Owner member of such owner's household, and a provision that no act
or omission by a Unit Owner, unless acting within the scope of his or her authority on
behalf of the Condominium Association, will yoid the policy or operate as a condition to
recovery by any other person under such policy.
(d) Liability Insurance. On and after the Starting Date, the Condominium
Association, at its sole expense, shall cause to be obtained any such liability insurance as
may be required.
11.2 Unit Owner. Each Unit Owner shall have the obligation and duty to
obtain, maintain and pay the cost of:
(a) Damage to Property. On and after the Starting Date, insurance against
loss or damage to the real property comprising the Units and any personal property of the
Declarant/Developer contained therein, by fire and other risks and hazards customarily
coyered by an insurance policy written on all risk basis, including, to the extent ayailable
at a reasonable cost, earthquakes and environmental risks. The stipulated amount of such
insurance shall be based on the full replacement cost thereof at the time and place of loss,
and each Unit Owner shall either (A) annually update such stipulated full replacement
cost amount to reflect then-current estimated full replacement cost thereof, (B) procure
and maintain an endorsement which provides for full reimbursement for the actual cost of
repair or replacement thereof, without deduction for depreciation.
(b) Burglary and Theft - Personal Property. On and after the Starting Date,
insurance against hazards such as burglary and theft coyering all personal property
contained within a Unit Owner's Residence. All insurance policies obtained by a Unit
Owner hereunder shall name any Mortgagee under a Prior Mortgage encumbering such
Unit Owner's Unit as an additional insured.
(c) Liability Insurance. On and after the Starting Date, each Unit Owner, at
his or her sole expense, shall cause to be obtained and continually maintained
comprehensive public liability insurance against claims for personal injury, bodily injury,
death and property damage occasioned by accidents occurring in his or her Unit.
I
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ARTICLE XII.
MISCELLANEOUS PROVISIONS
12.1
Amendment.
(a)
below:
Condominium Declaration. This Declaration may be amended as set forth
r Amended Declaration of Covenants and Restrictions
For Cedar Springs Meadows Condominiums
29 of 39
'2~;J!~m!;i!¡m~j
092152{;
00091.0
(i) This Declaration may be amended by Declarant/Developer at any time
prior to the Starting date proYided that any amendment authorized by this Section
12.1(a)(i) shall be evidenced by an instrument in writing, signed and
acknowledged by Declarant/Deyeloper.
(ii) Notwithstanding any provision in this Declaration to the contrary,
Declarant/Developer, acting alone, reserves to itself the right and power to modify
and amend this Declaration to correct clerical, typographical or technical errors,
or to modify and amend this Declaration to comply with the requirements,
standards, or guidelines of any department of real estate or real estate commission
or any governmental authority having jurisdiction oyer the Condominium
Property .
(iii) This Declaration may be amended from and after the starting Date only
with the unanimous consent of the Condominium Association Board, the approval
of the majority of the Unit Owners.
(iy) Any amendment under the provisions of this Section 12.1 shall be binding
upon every Unit Owner and eyery Unit Interest whether the burdens thereon are
increased or decreased, and such amendment shall be effective e upon its
recordation in the Office of the County Recorder.
12.2 Termination.
(a) Consent. Subject to the proyisions of Article IX of this Declaration, this
Declaration shall remain in effect from the date of recordation hereof until such time as it
is terminated. This Declaration may be terminated at any time after the date of
recordation of this Declaration in accordance with the Condominium Bylaws and
authorizing the Condominium Association, as trustee for all Unit Owners, to sell the
interests of the Unit Owners in the Condominium Property subject to the rights of any
Mortgagees of the Unit Owners. In the event of such termination, Declarant/Developer,
for each Unit Interest owned by Declarant/Developer, and each Unit Owner, by accepting
the conyeyance of a Unit Interest, whether or not it shall be so expressed in the Original
Deed, hereby confers upon the Condominium Association, as trustee, the power and
authority to sell, conyey or otherwise transfer the interest of the Unit Owners in the
. Condominium Property, and this Declaration shall terminate upon the consummation of
such sale and the recordation of an instrument stating that this Declaration is terminated
pursuant to this Section 12. 2(a). Notwithstanding the termination of this Declaration as
hereinaboye proYided in this Section 12.2(a) and the termination thereby of all the
coyenants, conditions, restrictions, easements, rules and regulations, liens and equitable
servitudes created by this Declaration, the existence of the Condominium Association
shall continue for so long as reasonably required to proyide of the collection and
]" Amended Declaration of Covenants and Restrictions
For Cedar Springs Meadows Condominiums
30 of 39
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000911
disbursement of the proceeds from the sale, conveyance or transfer of interests of the
Unit owners in the Condominium Property.
(b) Sale in Lieu of Partition. In the event that no conveyance, sale or transfer
of the interests of the Unit Owners in the Condominium Property shall have been effected
by the Condominium Association within nine (9) months after the events described in
Section 12.2(a) haye occurred, any Unit Owner, including Declarant/Deyeloper, shall
have the right to petition a court of competent jurisdiction for the sale of the interests of
the Unit Owners in the Condominium Property in lieu of partition. Such court shall
recognize and give effect to any agreement, document or instrument made or entered into
by the Condominium Association within such nine (9) month period, and pursuant to
which the interests of the Unit Owners in the Condominium Property shall be conyeyed,
sold or transferred.
(c) Proceeds. The proceeds from a sale of the interests of the Unit Owners in
the Condominium Property (i) by the Condominium Association pursuant to the power of
sale conferred upon the Condominium Association, as set forth in Section 12.2(a), or (ii)
(b) a referee appointed to do so pursuant to a decree of partition obtained pursuant to
Section 12.2(b), above, shall be distributed by the Condominium Association, as trustee,
to each Unit owner, including Declarant/Deyeloper, with respect to each Unit Interest,
subject to the rights of each Unit Owner's Mortgagee and in accordance with the method
for determining the Condominium Assessment; provided, how eyer, that there shall be
deducted from eh amount due any Unit Owner, the amount, if any, of all sums due to the
Condominium Association from such Unit Owner.
12.3 Declarant/Developer's Right to Cure Alleged Defects. It is
Declarant/Developer's intent that all improvements constructed or made by
Declarant/Deyeloper in the Condominium Property be built or made in compliance with
all applicable building codes and ordinances and that such improvements be of quality
that is consistent with Recital D. Nevertheless, due to the complicated nature of
construction and the subjectiyity involved in eyaluating such quality, disputes may arise
as to whether a defect exists and Declarant/Developer's responsibility therefore. It is
Declarant/Developer's intent to resolye all disputes and claims regarding Alleged Defects
(as defined below) amicably, and without the necessity of time-consuming and costly
litigation. Accordingly, the Condominium Association, Condominium Association
Board and all Unit Owners shall be bound by he following claim resolution procedure:
(a) Declarant/Developer's Right to Cure. In the event that the Condominium
Association, Condominium Association Board or any Unit Owner of Unit Owners
(collectively, "Claimant") claim, contend or allege that any portion of the Condominium
Property including, without limitation, any Unit, and/or any improvements constructed on
the Condominium Property, are defectiye or that Declarant/Developer or its agents,
consultants, contractors or subcontractors were negligent in the planning, design,
engineering, grading, construction or other deyelopment thereof (collectively, an
~IiIilim~~I~~~
1" Amended Declaration of Covenants and Restrictions
For Cedar Springs Meadows Condominiums
31 of 39
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"Alleged Defect"), Declarant/Developer hereby reserves the right to inspect, repair and/or
replace such Alleged Defects as set forth herein.
(b) Notice To Declarant/Developer. In the eyent that a Claimant discoyers
any Alleged Defect, Claimant shall, within a reasonable time after discovery, notif): .
Declarant/Deyeloper in writing, at the address specified in Section 12.4 of this
Declaration, or such other address at which Declarant/Developer maintains its principal
place of business, of the specific nature of such Alleged Defect ("Notice of Alleged
Defect").
(c) Right to Enter. Inspect, Repair. and/or Replace. Within a reasonable time
after the receipt by Declarant/Developer of a Notice of Alleged Defect or the independent
discovery of any Alleged Defect by Declarant/Deyeloper, as part of
Declarant/Deyeloper's reseryation of right, Declarant/Developer shall haye the right,
upon reasonable notice to Claimant and during normal business hours, to enter unto or
into, as applicable, any Unit, and/or any improyements or other portion of the
Condominium Property for the purposes of inspecting and, if deemed necessary by
Declarant/Developer, repairing and/or replacing such Alleged Defect. In conducting such
inspection, repairs and/or replacement, Declarant/Developer shall be entitled to take any
actions as it shall deem reasonable and necessary under the circumstances.
(d) Legal Actions. No Claimant shall initiate any legal action, cause of
action, proceeding, reference or arbitration against Declarant/Developer alleging damages
(i) for the costs of repairing or the replacement of any Alleged Defect, (ii) for the
diminution in value of any real or personal property resulting from such Alleged Defect,
or (iii) for any consequential damages resulting from such Alleged Defect, unless and
until (1) Claimant has deliyered to Declarant/Developer a Notice of Alleged Defect and
(2) Declarant/Developer, has, within ninety (90) days after its receipt of such Notice of
Alleged Defect and (2) Declarant/Developer has, within ninety (90) days after its receipt
of such Notice of Alleged Defect, either (A) failed to repair or replace such Alleged
Defect or (B) if such Alleged Defect cannot reasonably be repaired or replaced within
such ninety (90) day period, failed to commence such repair or replacement of the
Alleged Defect and, thereafter, failed to pursue diligently such repair or replacement to
completion.
(e) No Additional Obligations: Irrevocability and Waive of Right. Nothing
set forth in this Section 12.3 shall be construed to impose any obligation on
Declarant/Deyeloper to inspect, repair or replace any item or Alleged Defect for which
Declarant/Deyeloper is not otherwise obligated to do under applicable law. The right of
Declarant/Developer to enter, inspect, repair, and/or replace reseryed hereby shall be
irrevocable and may not be waived or otherwise terminated except by a writing, in
recordable form, executed and recorded by Declarant/Deyeloper in the Office of the
County Recorder.
-
1" Amended Declaration of Covenants and Restrictions
For Cedar Springs Meadows Condominiums
32 of 39
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(f) Waiver. Notwithstanding anything to the contrary in this Section 12.3,
Declarant/Deyeloper hereby disclaims any representations and warranties in respect of,
shall have no continuing liability to any Unit Owner for, any design or construction
,defects (whether known or unknown) relating to the Project, including latent defects.
I ! .
i ,
i 12.4 Notices. Notices proyided for in his Condominium Declaration shall be in
writing and shall be deemed sufficiently giyen either when delivered personally at the
'appropriate address set forth below (in which event, such notice shall be deemed effective
I bnly upon such delivery) or forty-eight (48) hours after deposit of same in any United
I
States post office box in the state to which the notice is addressed, seventy-two (72) hours
after deposit of same in any such post office box other than in the state to which the
~otice is addressed postage prepaid, addressed as set forth below. Any notice to a Unit
Owner required under this Declaration shall be addressed to the Unit Owner at the last
address for such Unit Owner appearing in the records of the Condominium Association.
Notices to the Condominium Association shall be addressed as follows:
CEDAR SPRINGS MEADOWS
CONDOMINIUM ASSOCIATION, INC.
P.O. Box 1527
ACton, WY 83110
Notices to the Condominium Association Management shall be addressed to
the address designated by the Condominium Association Manager by written notice
to all Unit Owners:
CEDAR SPRINGS MEADOWS MANAGEMENT, LLC
P.O. Box 1527
ACton, WY 83110
Notices to Declarant/Developer shall be addressed as follows:
LDL, PROPERTIES, LLC
P.O. Box 842
Thayne, WY 83127
The addresses and addresses for purposes of this Section 12.4 may be changed by
giving notice of such change in the manner herein provided for giving notice. Unless and
until such notice is received, the last address and addressee as stated by notice or as
provided herein, if no notice of change has been sent or received, shall be deemed to
continue in effect for all purposes hereunder.
1" Amended Declaration of Covenants and Restrictions
For Cedar Springs Meadows Condominiums
33 of 39
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12.5 Notification of Sale of Unit Interest. No later than thirty (30) days after
the sale or transfer of any Unit Interest under circumstances whereby the transferee
become the Unit Owner thereof, the transferor or the transferee shall notify the
Condominium Association in writing of (a) the name and address of the transferee and
transferor, (b) the date on which such sale or transfer is to be or was consummateQ,o(c) a
statement executed by the transferee that the transferee has received from the Unit
Owner, and acknowledges receipt of, a copy of the Goyerning Instruments and a
Statement of Status, (d) a statement executed by the transferee that the transferee has
receiyed a copy of then effectiye e Condominium Association Budget, (e) a statement
executed by the transferee that the transferee agrees to be bound by all of the provisions
of the Governing Instruments, and (f) the name and address of any Mortgagee of such
transferor and transferee. Any outstanding and unpaid Assessments and Personal
Charges shall be paid to the Condominium Association prior to the transfer of such Unit
Interest. Any outstanding and unpaid Assessments shall be the obligation of the
transferee unless paid prior to transfer by the transferor. Unless and until such notice is
given and any unpaid Assessments and Personal Charges have been paid to the
Condominium Association on behalf of the transferor, the Condominium Association
shall not be required to recognize the transferee for any purpose. Prior to (i) receipt of
any such notification by the Condominium Association of the Condominium Association
Manager and (ii) the payment of Assessments and Personal Charges by the transferor,
any and all communications required or permitted to be giyen by the Condominium
Association shall be deemed duly given and made to the transferee if duly and timely
made and given to such transferee's transferor.
12.6 Severability and the Rule Against Perpetuities. If any proYision of this
Declaration, or any paragraph sentence, clause, phrase or word or the application thereof
in any circumstances, shall be held invalid, the validity of the remainder of this
Declaration and of the application of such proyision, sentence, clause, phrase or word
under any other circumstances shall not be affected thereby. If any provision of this
Declaration would violate the Rule Against Perpetuities or any other limitation on the
duration of the proyisions contained herein imposed by law, then such provisions shall
be deemed to remain in effect only for the maximum permissible period permitted by law
or until twenty-one (21) years after the death of the last suryivor of the now liYing
descendants of Former President George H. Bush or President George W. Bush,
whicheyer is later.
12.7 Successors. The provisions of this Declaration shall be binding upon all
parties owning a Unit Interest or haying or acquiring any right, title or interest therein and
shall be for the benefit of each Unit Owner and such Unit Owner's heirs, successors and
assigns. Each Unit Owner and Declarant/Deyeloper shall be fully discharged and
relieyed of liability on the coyenants herein insofar as such covenants relate to each Unit
Interest upon ceasing to own such Unit Interest and paying all sums and performing all
obligations hereunder insofar as the same relate to each Unit Interest up to the time his or
her Unit Interest is terminated. The obligations and rights of Declarant/Developer under
1" Amended Declaration of Covenants and Restrictions
For Cedar Springs Meadows Condominiums
34 of 39
O· 0.. ·2' 1"· t;"26
J. "" ,_11
this Declaration shall be binding upon, and inure to the benefit of, any and all successors
in Ownership Interest to the Project.
000915
12.8 Violation or Nuisance. Every act or omission whereby any provision of
the Goyerning Instruments is violated in whole or in part is hereby declared to be a '
nuisance and may be enjoined or abated whether or not the relief sought is for negative or
affirmative action, by Declarant/Developer, the Condominium Association of any Unit
Owner.
12.9 Violation of Law. Any yiolation of any state, municipal or local law ,
ordinance or regulations pertaining to the ownership, occupancy or use of any of the
Condominium Property is hereby declared to be a yiolation of this Declaration and
subject to any or all of the enforcement procedures set forth herein.
12.10 Interpretation. The captions of the Articles, Sections hereof are for
conyenience only and shall not be considered to expand, modify or aid in the
interpretàtion, construction or meaning of this Declaration. As used herein the singular
shall include the plural and the masculine shall include the feminine and neuter.
I
i
I ,. 12.11 Construction, Waiver. The proyisions of this Declaration shall be liberally
:c¿nstrued to effect its purpose of creating a uniform plan for the development of a
'transient residential community. The failure to enforce any proYision of this Declaration
Ishall not constitute a waiver thereof or of the right to enforce such proyision thereafter.
I
I 12.12 Termination. The plan of condominium ownership and the Condominium
Ä.ssociation created by this Declaration and the Condominium Articles and
Condominium Bylaws shall terminate and be of no force and effect when this Declaration
is terminated in the manner proyided in this Declaration.
12.13 Indemnity. To the extent not coyered by insurance maintained or required
to be maintained by the claiming Unit Owner, each Unit Owner shall indemnify, defend
and hold each other Unit Owner, the Condominium Association, the Condominium
Association Manager, Declarant/Deyeloper, harmless from and against any and all
Claims, damages, liabilities and expenses (including costs and attorney's fees incurred in
the defense of any claim) arising from the use of occupancy of indemnifying Unit
Owner's Unit or from the conduct of its business or from an actiYity, work or things
done, permitted or suffered by the indemnifying Unit Owner, or be the Tenants or
Permitted Users of the indemnifying Unit Owner, in or about the Unit or elsewhere in the
Project. This provision shall not permit any person to be indemnified for claims,
damages, liabilities and expenses arising from the negligence or willful misconduct of
that person.
12.14 Constructive Notice and Acceptance: Incorporation of Condominium
Declaration into Deeds. Every person or entity who now or hereafter owns or acquires
Jst Amended Declaration of Covenants and Restrictions
For Cedar Springs Meadows Condominiums
35 of 39
:~2:iImImm[~
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any right, title or interest in or to any portion of the Condominium Property is and shall
be conclusiyely deemed to have consented and agreed to every coyenant, condition,
restriction and provision contained in this Declaration, whether or not any reference to
this Declaration is contained in the instrument by which such person acquired an interest
in the Condominium Property. Any deed or other instrument by which all or any R0rtion
of the Condominium Property is conyeyed, whether by fee, easement, leasehold interest
or otherwise, shall be subject to the proyision of this Declaration or any instrument of
conveyance shall be deemed to incorporate the proyisions of this Declaration, whether or
not such instrument makes reference to this Declaration.
12.15 Cumulative Remedies. Each remedy proYided for in this Declaration shall
be cumulative and not exclusive. The failure to exercise any remedy provided for in this
Declaration or any other document shall not constitute a waiver of such remedy or of any
other remedy proYided herein or therein.
12.16 Attorney's Fees and Costs. If any party shall bring an action or
proceeding (including, without limitation, any cross-complaint, counter-claim, third party
claim or arbitration proceeding) against a Unit Owner or the Condominium Association
Manager, by reason of he alleged breach or violation of any provision hereof, or for the
enforcement of any provision hereof, or to interpret anyproYision hereof, or otherwise
arising out of this Declaration the preyailing party in such action or proceeding shall be
entitled to its costs and expenses of such action or proceeding, including, but not limited
. to, its actual attorney's fees, which shall be payable by the non-prevailing party whether
' or not such action or proceeding is prosecuted to judgment or award. For the purposes of
! this Declaration, the term "attorneys' fees" shall mean the fees and expenses of counsel
I to the parties hereto, which may include fees incurred with respect to post-judgment
I motions, contempt proceedings, garnishment, leyy, debtor and third-party examinations,
¡ discoyery, bankruptcy, litigation, and may include expenses such as printing,.
i photostatting, duplication, facsimiles, filing. fees, air freight chares and. fees bil.led for law
i clerks, paralegal and other persons not admItted to the bar but performIng serVIces under
I the superyision off an attorney, all of which shall be deemed to haye accrued upon the
occurrence of the act or omission giYing rise to the incurrence of such fees.
12.17 No Public Dedication. Nothing herein contained shall be deemed a gift or
dedication of any portion of the Condominium Property or portion thereof to the general
public, or for the general public or for any public use or purpose whatsoever; it being the
intention and understanding of the parties hereto that this Declaration shall be limited to
and for the purposes herein expressed solely for the benefit of the Unit Owners.
12.18 Governing Law. This Declaration shall be governed by the laws of the
State of Wyoming without giYing effect to the principles of conflict of laws thereof.
Jst Amended Declaration of Covenants and Restrictions
For Cedar Springs Meadows Condominiums
36 of 39
12.19 Arbitration. All disputes not inyolving claims for indemnity or unpaid
Assessments and arising under this Declaration between Declarant/Developer, the
0921.526
000917
Condominium Association or the Condominium Association Manager, on the one hand,
and any Unit Owner, on the other hand, shall, upon the request of any party, be resolved
by binding arbitration conducted by a single, neutral arbitrator. The arbitration shall be
conducted in accordance with the Commercial Arbitration Rules of the American
Arbitration Association. The arbitrator selected shall be qualified in the subject mqtter of
the arbitration. The decision of the arbitrator shall be conclusive and binding upon the
parties and shall be enforceable through procedures adopted under the laws of the State of
Wyoming for the enforcement of arbitration awards. The cost of the arbitration shall be
borne equally by the parties unless otherwise awarded by the arbitrator. Any claim which
any party has against another party pertaining to the matters set forth or referred to in this
Declaration must be presented by the claiming party the other within one (1) year of the
date the claiming party knew or should have known of the facts giving rise to the claim.
Unless the party against whom any claim is asserted waives the time limits set forth
aboye, any claim not brought within the time periods specified shall be waived and
foreyer barred. When a matter must be resolved by arbitration, the arbitrator shall use the
following standard to resolye such matters: the arbitrator shall determine whether the
action in question needs to be taken, and if so, then the arbitrator shall make a
determination as to which action should be taken. When considering whether the action
must be taken, the arbitrator shall rule that such action be taken if such action is required
to maintain the common scheme or plan outlined in the Recitals.
12.20 Provisions Runs With Land. The proyisions of this Declaration are
intended to run with the land. When any interest in real property in the Condominium
Property is conveyed, the interest shall be burdened by the provisions of this Declaration
for the benefit of the remaining portions of the Condominium Property and the interest
conveyed shall be entitled to the benefit of this Declaration until terminated pursuant to
Section 12.2.
12.21 Acknowledgements. Each Unit Owner is hereby advised of the following
matters affecting the Units, the Project and the Unit Owner's use and enjoyment thereof:
(a) Rules and Regulations. Easements. Roads within the Project are or
may be subject to restricted or gated access limitations, and are or may be subject to the
Project Rules and Regulations, and the Project Association may hold easements to and is
responsible for maintaining the roads.
i, (b) Construction. Substantial construction-related activities relating to
the deyelopment of the Project or other developments within or near the Project may
tause considerable noise, dust and other inconyeniences to the Unit Owners.
II (c) Land Use Restrictions. Properties located within the Project may be
peyeloped pursuant to the land uses and restrictions set forth in the PUD Plan with no
representation being made herein concerning the planned uses of such other properties.
The zoning for the Project is established and goyerned by the PUD Plan. Any
1" Amended Declaration of Covenants and Restrictions
For Cedar Springs Meadows Condominiums
37 of 39
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0921526
000918
amendment of the PUD Plan requires approval by the Board of County Commissioners of
Lincoln County, Wyoming. Each Unit Owner acknowledges and agrees that such Unit
Owner has not relied upon any statements or representations regarding the Condominium
Project or any other properties except for the statements and representations expressly set
forth in this Declaration and the PUD Plan. Each Unit Owner further acknowledgt1s and
agrees that such Unit Owner will not take an action to impair or delay any deyelopment
of real property governed b y the PUD Plan as long as such development complies with
the PUD Plan.
(d) Amenities. No interest in or right to use any amenity located near the
Project shall be conyeyed to any Unit Owner pursuant to this Declaration. The owners of
any facilities that are not part of the Condominium Property shall haye the right, in their
sole discretion, to remove, relocate, discontinue operation of, restrict access to, charge
fees for the use of, sell interests in or otherwise deal with such assets in their sole
discretion without regard to any prior use of or benefit to any Unit Owners.
(e) Inconveniences. Ownership of real property in mountain areas
involves certain inherent inconveniences. Those include, but are not limited to,
(a) dripping water onto decks and porches from snow melt,
.'
(b) snow and ice build-up on decks and porches and sliding
from these surfaces during winter months,and
(c) other inconveniences arising from the sometimes yariable
weather conditions in the Rocky Mountains.
I IN WITNESS WHEREOF, Declarant/Deyeloper has caused this Declaration to be
executed as of the day and year first-above written.
"DECLARANT/DEVELOPER":
LDL PROPERTIES, LLC
A Wyoming limited liability company
-?--_.. h
;: ~-7 ßU/
/
BY: Tom Lewis
Managing Member,
LDL PROPERTIES, LLC
1" Amended Declaration of Covenants and Restrictions
For Cedar Springs Meadows Condominiums
38 of 39
\
0921526
0009=19
COUNTY OF LINCOLN
)
)
)
STATE OF WYOMING
This instrument was acknowledged before me on the .Æ day of August, 2006, QY
Tom Lewis, Managing Member of LDL PROPERTIES, LLC, a Wyoming limited
liability company.
(!haæ(c¡' r241æM4·t~
Notary Public
My Commission Expires:
- - - -- - --
-5 .~ 5" - ;;1 é) I ()
(SEAL)
CLAUDIA ANDERSON Þ
NotOly PublIc t
LincOln County ~
WVoming
My Commlsalon' elC~'" S ;15';010 Þ
1" Amended Declaration of Covenants and Restrictions
For Cedar Springs Meadows Condominiums
39 of 39
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