HomeMy WebLinkAbout922380
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DE CLARA TION
OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
ST A TELINE CONDOMINIUMS
LOCATED IN
FREEDOM
LINCOLN COUNTY, WYOMING
RECEIVED 9/12/2006 at 11 :26 AM
RECEIVING # 922380
BOOK: 633 PAGE: 513
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
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000513
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INDEX
Paragraph
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000514
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Definitions ....................................................................................................................1
Scope of Project ...........................................................................................'.............2
Map ................................................................................................................................2
Division of Property into Condominium Units ........................................................2
Common Elements ........................................................................................................2
Parking Spaces ........................................................................................................3
Separate Assessment and Taxation ................................................................................3
Ownership --Title ........................................................................................................3
N on- Parti tionability ........................................................................................................3
Use of Common Elements .....................;......................................................................3
Use and Occupancy by Declarant ................................................................................4
Certain Additional Restrictions ................................................................................4
Easements for Encroachments ................................................................................6
The Association ........................................................................................................6
Management Committee ............................................................................................ 7
Powers and Duties of Management Committee ........................................................9
Manager .................................................................................................................. .11
No Waiver ...................................................... ..................................... ....................... .11
Compensation ...................................................................................................... .11
Accounts ................................................................................................................. ..11
Indemnification ...................................................................................................... .12
Exculpation .................................................................................................................. .12
Examination of Books .......................................................................................... .12
Mechanic's Lien ...................................................................................................... .12
Reservation for Access .......................................................................................... .12
Maintenance Responsibility .......................................................................................... .12
Compliance ................................................................................................................. ..13
Restrictions Relating to Insurance Coverage .................................................................. .13
Revocation or Amendment to Declaration ...................................................................13
Additions, Alterations and Improvements ....................................................... ........ ....13
Assessments .................................................................................................................. .14
Insurance ................................................... .............................. ................................ ..14
Owner's Personal Obligations ............................................................................. ..15
Foreclosure of Lien ...................................................................................................... .16
Mortgages ............................................................. ............. ........................................ .16
Reconstruction ...................................................................................................... .16
General Reservations ...................................................................................................... .19
Covenants to Run With Land.......................................................................................... .20
Assignment of Declarant's Rights ............................................................................. ..20
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Exhibit A - Property Description
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Exhibit B - Percentage Interests
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000515
DECLARATION of
COVENANTS, CONDITIONS AND RESTRICTIONS for
ST A TELINE CONDOMINIUMS
IN ACCORDANCE with Section 4 of the Covenants recorded at 606 PR Page 357, on:December
1,2005, notice is hereby provided through this Declaration.
THIS DECLARATION is made by the undersigned Declarant for the purpose of defining the
rights and obligations of ownership for the ST A TELINE CONDOMINIUMS Project located in
Freedom, Lincoln County, Wyoming.
Recitals:
a. The Declarant is the owner of the real property located in Lincoln County, Wyoming, which is
described in Exhibit A attached hereto and made a part hereof.
b. The name by which this property is to be identified is the STA TELINE CONDOMINIUMS.
c. The individual condominiums and related common elements will be managed and maintained
by a Wyoming non-profit corporation or LLC serving as the association of owners as provided
herein.
d. ~h~ property is hereby made subject to the Wyoming Condominium Ownership Act, (W.S.A §
34-20-101, et seq. 2005) and to the covenants, conditions, restrictions, reservations, assessments,
charges and liens contained in this Declaration, all of which shall be enforceable equitable
servitudes and shall run with the land.
NOW, THEREFORE, the Declarant does hereby publish and declare that the following
covenants, conditions, and restrictions shall be deemed to run with the land, shall be a burden
and a benefit to the Declarant, and its successors and assigns.
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I. II DEFINITIONS. Unless the context shall expressly provide otherwise,
"Unit" means an individual condominium unit as shown on the recorded map or maps for this
ProjeCt filed or to be filed by Declarant, together with all fixtures and improvements.
"oller" shall mean the record owner, whether ~ne or more persons and/or entities, of recorded
titl¿ to the full and exclusive use of a specific unit, including contract buyers of record but
excluding mortgagees, contract sellers or others having such interest merely as security for the
performance of an obligation. An "Owner" shall mean all of the owners of a particular unit
collectively and shall be jointly regarded as a single Owner for purposes of this Declaration. Any
owner of an equity interest of record in a unit, and any partner, officer or shareholder of an entity
which is an owner of record, may be treated by the Association as the representative of all the
ownership of such unit for purposes of giving notices, voting and other matters.
Stateline Condominiums Covenants Page 1 of 21
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000516
"General common elements" and "limited common elements" shall be designated as such on the
applicable plat map(s) for the project. References herein to "common areas" are references to the
general common elements.
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"Common expense" means expenses for project maintenance, repair, operation, management and
administration determined in accordance with this Declaration.
"Association" means State1ine Condominiums Owners Association, and its successors.
"Management Committee" means the board of directors of the Association.
2. SCOPE OF PROJECT. The project consists of the construction of five units, together
with on-site parking facilities for such units and other common areas, although only some of the
units are being platted at this time.
3. MAP. Declarant reserves the right to amend the plat map(s), from time to time, to
conform the same according to the actual location of any of the constructed improvements and to
establish, vacate, and relocate utility easements, access road easements, and on-site parking areas.
4. DIVISION OF PROPERTY INTO CONDOMINIUM UNITS. The real property
described in Exhibit A and any amendment thereto, and the improvements located or to be
located thereon, has been platted for division into separate fee simple estates, each such estate
consisting of a separately designated unit and the undivided percentage or fractional interest in
and to the common elements for each unit as set forth in Exhibit B hereto and any amendments
thereto.
Each unit, the appurtenant undivided interest in the general common elements, and the
appurtenant limited common elements shall together compromise one condominium unit, shall
be inseparable, and may be conveyed, leased, devised, or encumbered only as a condominium
unit.
Every contract for the sale of a condominium unit written prior to the filing for record of
the map may legally describe a condominium unit by its identifying unit designation, followed by
th~ name of this project, with further reference to the map thereof and the Declaration to be filed
foi record. Subsequent to the filing of the map and the recording of the Declaration, every deed,
le~se, mortgage, trust deed, will, or other instrument may legally describe a condominium unit by
its iidentifying unit designation, followed by the name of this project, with further reference to the
mdp thereof filed for record and the recorded Declaration. Every such description shall be good
and sufficient for all purposes to sell, convey, transfer, encumber, or otherwise affect not only the
unit but also the general common elements and the limited common elements appurtenant
thereto. Each such description shall be construed to include a nonexclusive easement from
ingress and egress to an owner's unit and use of all of the general common elements together with
the right to the use of the appurtenant limited common elements. The initial deeds conveying
Stateline Condominiums Covenants Page 2 of 21
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000517
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eacn condominium unit may contain reservations, exceptions, and exclusions which the
Declarant deems to be consistent with and in the best interest of all condominium unit owners.
5. COMMON ELEMENTS. A portion of the general common elements is reserv.ed for the
exclusive use of the individual owners of the respective units, and such areas are referrèd to as
"limited common elements". The limited common elements so reserved shall be identified on the
map(s). Any balcony, patio, or deck which is accessible from, associated with and which adjoins
a unit, without further reference thereto, either herein or on the map( s ), shall be used in
connection with such unit to the exclusion of the use thereof by the other owners of the general
common elements, except by invitation. All of the owners of condominium units in this
condominium project shall have a nonexclusive right in common with all of the other owners to
use of sidewalks, pathways, roads, and streets located within the entire condominium project. No
reference thereto, whether such limited common elements are exclusive or nonexclusive, need be
made in any deed, instrument of conveyance, or other instrument. The water well and lines,
septic system, propane and other utilities are also common elements.
6. PARKING SP ACES. On-site parking areas and related facilities shall be under the
control of the Declarant until the project has been completed. Thereafter, the parking areas shall
be under the control of the Management Committee. Only two vehicles per unit will be
permitted.
7. SEPARATE ASSESSMENT AND TAXATION. Each unit and the undivided interest
in the common elements appurtenant thereto shall be deemed a separate tax parcel and subject to
separate assessment and taxation.
8. OWNERSHIP --TITLE. A unit may be held and owned in any real property tenancy
relationship recognized under the laws of the State of Wyoming.
9. NON-PARTITIONABILITY. The common elements shall be managed by the
Association in common for all of the owners of the units and shall remain undivided, and no
owner shall bring action for partition or division of the common elements. Nothing contained
herein shall be construed as a limitation of the rights of partition of a unit between the owners
thereof, but such partition shall not affect any other unit.
10. USE OF COMMON ELEMENTS. Each owner shall be entitled to exclusive usage and
possession of his or her unit and any related limited common elements, subject to the rights of
the Management Committee set forth herein. Each owner may use the general common elements
in accordance with the purpose for which they are intended, without hindering or encroaching
upon the lawful rights of the other owners. The exclusive right to repair, maintain and replace the
units is reserved to the Management Committee as provided herein, and the express written
approval of the Management Committee is required for any improvement, painting, fencing,
repair or alteration carried out by an owner unless otherwise permitted in these covenants.
Stateline Condominiums Covenants Page 3 of 21
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A unit may be used and occupied by the applicable owner, his or her family and their
guests and invitees; provided, however, that such use and occupancy shall be limited to private,
single family residential purposes only. The use of a unit for more than 30 days at a time by three
or more unrelated individuals is prohibited. Any time-sharing or any other similar arrangement,
where by the use of a unit is in effect allocated between different persons for separate r~peating
time intervals, is expressly prohibited. .
Conformity with any and all applicable land use regulations of Lincoln County shall be
required, in addition to the requirements of these Covenants and any related rules and
regulations. In case of any conflict, the more stringent requirements shall govern.
Only sing1e- family residential use shall be permitted. No commercial, industrial or other
non single- family residential use whatsoever shall be permitted in any unit, with the exception of
an artist studio, workshop, private office and such other endeavors not requiring access to the
Property by the general public, employees, independent contractors or business invitees in a
manner which would adversely impact the neighborhood, and the Management Committee may
impose restrictions in that regard. .
11. USE AND OCCUPANCY BY DECLARANT. The Declarant and Declarant's
employees, representatives, agents, and contractors may maintain a business and sales office,
construction facilities and yards, model units, and other developer's facilities necessary or
desirable to Declarant during the construction and sales period.
12. CERTAIN ADDITIONAL RESTRICTIONS. The following additional restrictions
are applicable to the units and common areas. Each reference to "owners" includes their tenants
and invitees.
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a. Keeping Olltside Areas Clean and Sightlv. The Owners shall not place or store anything
within the common areas without the prior written consent of the Management Committee or its
designee except in a facility specifically designated or approved for their storage. All owners
shall keep their residences and their units in a reasonably clean, safe, sightly and tidy condition.
No tlothes1ines will be permitted. Any tires, 1awnrnowers, garden equipment, childrens' toys and
other similar items must be stored and appropriately screened from the public view when not in
use. No antennas or television "dishes" in excess of24 inches in diameter or other items may be
placed in public view or upon any of the common areas or units without the express written
consent of the Management Committee. Refuse, garbage and trash shall be kept at all times in a
covered container, and such covered container shall be screened from view at all times other than
a specified regular time period for garbage pick-up. The parking of recreational vehicles, motor
homes, trailers, boats, snow mobiles, camper bodies and inoperative vehicles is prohibited in
parking areas, garages and other common areas. The Management Committee shall have full
power and authority to regulate the parking and storage of cars, trucks, bicycles, motorbikes,
motorcycles and other similar vehicles and equipment, and to regulate the use of roadways by
imposing and enforcing speed limits and other restrictions, all with full power and authority to
Statelille Condominiums Covenallts Page 4 of 21
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impbs:e and enforce (by special assessments hereunder or otherwise) fines and other penalties for
vio1~ltions of such regulations.
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b. Obstructing Common Areas. Owners shall not obstruct common areas. Owners shall not
place or store anything within the common areas without the prior written consent of the
Mariagement Committee or its designee except in a facility specifically designated or approved
for such storage.
c. No Fireworks. The discharge of firearms, firecrackers or fireworks is forbidden.
d. Signs. Without prior written consent of the Management Committee, owners shall not
permit any sign of any kind to be displayed to the public view from the unit or from the
appurtenant common areas. Said restrictions shall not apply to the Declarant during the
construction or sales period or to traffic signs, unit designations, project designations or similar
signs displayed by the Management Committee or the Declarant.
e. Animals. Owners shall not permit animals of any kind to be raised, bred or kept in their unit
other than those permitted by this paragraph. Occupying owners only may keep up to one dog
and one cat with the permission of the Management Committee. Other small pets kept inside the
units are permitted on a reasonable basis, subject to the limitations set forth herein and to rules
and regulations adopted by the Management Committee 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 the owners thereof shall be responsible for the immediate removal and
sanitary disposal of "litter" left by their pets and those of guests within the boundaries of the
project.
f. Limitations on Certain Activities. Owners shall not permit any obnoxious, illegal, offensive
activity or nuisance to be carried on, in or around their unit or in,the common areas. No light
shall be emitted or reflected from any unit that is unreasonably bright or causes unreasonable
glare for any adjacent owner. No unreasonably loud or annoying noises, or noxious or offensive
odors, shall be emitted from any unit. The Management Committee has the sole authority to
determine what is considered reasonable or unreasonable.
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g. ~rchitectural Control. Except as otherwise expressly provided herein, no building, fence,
wall, driveway, excavation or improvement of any kind shall be commenced, erected or
maintained upon the property, nor shall any exterior addition to or change or alteration therein
be made (including without limitation any closing in of a porch or balcony) by any owner other
than Declarant, until the plans and specifications showing the nature, kind, shape, height,
materials, and location of the same shall have been submitted to and approved in writing by the
Management Committee, as to harmony of external design and location in relation to
surrounding structures and topography, and in relationship to the quality and appearance of the
project.
Stateline Condominiums Covenants Page 5 of 21
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h. Compliance with Rules and Regulations. Owners shall not violate any rules and regulations
for~he use of common areas adopted by the Management Committee and furnished in writing to
the!bwners. Fines and other penalties for violations thereof may be imposed and enforced (by
spe'cial assessment or otherwise) by the Management Committee for violations of such rules and
reghlations, and it is expressly understood that owners may be held responsible for act~ of their
tenånts and invitees. .
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13.1 EASEMENTS FOR ENCROACHMENTS. If any portion of the common elements
encroaches upon units, a valid easement for the encroachment and for the maintenance of same,
so long as it stands, shall and does exist.
14. THE ASSOCIATION.
a. Membership. Each owner shall belong to the Association by virtue of owning deeded rights
to a unit in the project covered by this Declaration. By the sale or other transfer of deeded rights
to a unit, the transferring owner's membership in the Association shall be ipso facto transferred to
the transferee of such unit.
b. Annual Meeting. There shall be an annual meeting of the Association to be held in each
calendar year, at the project site, or at such other place, date, or time as may be designated by
written notice of the Management Committee to the owners not less than fifteen days prior to the
actual date fixed for said meeting. At the annual meeting, the
Management Committee shall present an audit or financial review of the common expenses,
itemizing receipts and disbursements for the preceding calendar year, the allocation thereofto
each owner, and the estimated common expenses for the coming calendar year.
c. Special Meetings. Special meetings of the Association may be held at any time, either upon
the call of owners possessing a one-fourth interest in the units, or upon the call of a majority of
the Management Committee. Upon such call, or the receipt of such call, the Management
Committee shall send out written notices of the meeting to all owners, provided that such notice
is sent not less than fifteen days prior to the date fixed for said meeting, and shall specify the
date, time, place, and purpose for said meeting.
d. Notice Qf Meetings. _A written or printed notice of every meeting of the Association stating
whether it is an annual meeting or special meeting, the authority for the call of the meeting, the
place, day, and hour thereof and the purpose therefore shall be given by the Management
Committee at least fifteen days before the date set for such meeting. Such notice shall be given to
each owner in any of the following ways: (i) by leaving the same with him personally, or (ii) by
leaving the same at his or her usual place of business, of (iii) by mailing it, postage prepaid,
addressed to such owner at his address as it appears on the records of the Management
Committee.
Stateline Condominiums Covenants Page 6 of 21
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000521.
e. Waiver Qf Notice. The presence of all owners, either in person or by proxy, at any meeting,
shall render the same a valid meeting. Any meeting so held, notwithstanding the fact that no
notice of meeting was given, or that the notice given was improper, shall be valid for all
purposes, and at such meeting any general business may be transacted and any action may be
taken.
f. Quorum. At any meeting ofthe Association, those present in person or by proxy, whose
aggregate interest in the units constitutes a majority of the aggregate interests of all owners in the
units, shall constitute a quorum. Once such quorum is present, the concurring vote of a majority
of thdse present on any matter shall be valid and binding upon all the owners, unless otherwise
expressly provided by this Declaration. The Association may also act without a meeting by
written consent of a majority of the voting power of the owners entitled to vote. Whenever in this
Ded1aration the consent or approval of owners is required, such approval or consent shall be
given pursuant to this paragraph at a meeting of the Association or by a written consent, unless
otherwise specifically provided herein.
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g. VJting. Any person or entity or combination thereof, owning any unit in this project duly
recorded in his, her or its name, as determined by the records of the Management Committee
shall be entitled, either in person or by proxy, to cast one vote per unit. Any provision to the
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contrary notwithstanding, co-owners or joint owners shall be deemed as one owner. The authority
given by an owner to another to represent such owner at meetings shall be in writing, signed by
such member, or if a unit is jointly owned then by all joint owners, or if such owner is a
corporation, by the property officers thereof, and shall be filed with the Management Committee,
and unless limited by its terms, such authority shall be deemed good until revoked in writing. An
executor, administrator, guardian, or trustee may vote in person or by proxy with respect to any
unit owned or held by him in such capacity, whether or not the same shall have been transferred
to his name by a duly recorded conveyance; provided, however, that reasonable evidence of such
capacity first be offered to the Management Committee. Whenever any unit is owned by two or
more jointly, as determined by the records of the Management Committee, the vote therefor may
be exercised by anyone of the owners present in the absence of protest by the other or others.
h. Adiournment. Any meeting of the Association may be adjourned from time to time to such
place and time as may be determined by a majority vote of the members present, whether a
quorum be present or not, in accordance with the notice provision of this Section.
i. Fiscal Year. The fiscal year of the Association shall end on December 31 of each year, or as
otherwise determined by the Management Committee.
15. MANAGEMENT COMMITTEE.
a. Creation and Purpose. There is hereby created the Management Committee, consisting of
three (3) members. Subject to (b) below, each member of the Management Committee should be
an owner (or a duly authorized representative of an owner which is an entity) of a unit in this
Stateline Condominiums Covenants Page 7 of 21
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000522
project at all times during this tenure. The purposes of the Management Committee shall be to
govern the affairs of the project on behalf of the Association as its board of directors.
b. Interim Committee Appointees of the Declarant need not be owners. As noted in (k) below,
until a date that is three years from the date of recordation of this Declaration, the Declarant shall
have the option to appoint and remove all the members of the Management Committee:
c. Term. The Management Committee members shall serve "staggered" terms of three years
each, with the initial three terms being for one, two and three years. Each member of the
Management Committee shall hold office until the next applicable annual meeting of the owners
and until his or her successor shall have been elected and qualified, or until death, resignation, or
removal, if one of the latter events occurs sooner; provided however, that if any member ceases
to be an owner or a duly authorized representative of an owner which is an entity, then, his or
her membership on the Management Committee shall thereupon automatically terminate.
d. Cumulative Voting. At any election of Committee members, the vote attributable to each
unit may not be accumulated by the owner thereof.
e.Resignation and Removal. At any regular meeting or special meeting duly called, anyone
or more of the members of the Management Committee may be removed with or without cause
by a majority vote of the owners and a successor may then and there by elected to fill the vacancy
thu1s 6reated. Any member whose removal has been proposed shall be given an opportunity to be
heard at the meeting. Any member may resign at any time by giving ten day written notice to the
M~ager.
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f. I Vacancv. Any vacancy in the Management Committee occurring during a member's term
shall be filled for the balance of that member's term by appointment made by the Management
Committee.
g. Proceedings. If all members of the Management Committee are present, a majority vote
shall be the act of the Management Committee; however, two members of the Management
Committee shall constitute a quorum, and, if a quorum is present, the unanimous decision of
those present shall be the act of the Management Committee. The Management Committee shall
elect a chairman to preside over its meetings and those of the Association. Minutes of the
meetings of the Management Committee shall be maintained and available for inspection by
anyowner. Meetings of the Management Committee may be called, held, and conducted in
accordance with such regulations as the Management Committee may adopt. The Management
Committee may also act without a meeting by unanimous written consent of its members.
h. Rkgular Meetings. Regular meetings of the Management Committee may be held at such
time and place as shall be determined, from time to time, by a majority of the Management
Committee. Notice of regular meetings of the Management Committee shall be given to each
member, personally or by mail, or by telephone, at least five days prior to the day named for such
meeting.
Statelil1e Condomil1iums Covenal1ts Page 8 of 21
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000523
i. Special MeetinfJs. Special meetings of the Management Committee may be called by its
chairman on five day's notice to each member, given personally, or by mail, or by telephone,
which notice shall state the time, place, and purpose of the meeting.
j. Waiver QfNotice. Before or at any meeting of the Management Committee, any member
may, in writing, waive notice of such meeting and such waiver shall be deemed equivaÎent to the
giving of such notice. Attendance of a member at any meeting of the Management Committee
shall be a waiver of notice by him or her of the time and place thereof. If all the members are
present at any meeting of the Management Committee, no notice shall be required and any
business may be transacted at such meeting.
k. Initial Control Period. Until a date that is three years from the date of recordation of this
Declaration, the Declarant shall have the option to appoint and remove all members of the
Management Committee, to appoint and remove all officers of the Association, and to exercise
the powers and responsibilities otherwise assigned by the Declaration to the Association.
Declarant shall have the option at any time, by an express written declaration, to turn over to the
Association the total responsibility for electing and removing members of the Management
Committee and the officers.
16. POWERS AND DUTIES OF MANAGEMENT COMMITTEE. Subject to the
rights of the Declarant, the Management Committee shall have the powers and duties necessary
for the administration, operation, and maintenance ofthe project. Such powers and duties of the
Management Committee shall include, but shall not be limited to, the following, all of which
shall be done for and on behalf of the owners of the units:
a. To administer and enforce the covenants, restrictions, easement, conditions, uses, limitations,
obligations, and all other provisions set forth in this Declaration.
b. To establish, make, and enforce compliance with such rules and regulations (including
without limitation enforcement provisions such as fines) as may be necessary for the operation,
occupancy, and peaceful and orderly use and enjoyment of the units and common elements of
this project, with the right to amend said rules and regulations from time to time.
c. ~l incur such costs and expenses as may be necessary to keep in good order, condition and
repáit all of the common elements and all items of common personal property.
I I
d. fro insure and keep insured all of the units on the units and all insurable common elements of
the þroperty and all of the common fixtures, equipment, and personal property against loss due to
fire, extended coverage perils, vandalism and malicious mischief, in an amount equal to the full
insurable replacement costs. Further, to obtain and maintain comprehensive public liability
insurance covering the entire premises and insuring the Management Committee and the
Manager, if any.
Stateline Condominiums Covenants Page 9 of 21
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000524
e. To prepare a budget for the project, at least annually, in order to determine the amount of the
assessments payable by the owners to meet the common expenses of the project, and allocate and
assess such common charges among the owners on a unit by unit basis, and by majority vote of
the Management Committee to adjust, decrease, or increase the amount of the quarterly or
monthly assessments, and remit or return any excess of assessments over expenses, working
capital, sinking funds, reserve for deferred maintenance and for replacement, to the owners at the
end of each operating year.
f. To levy one or more special assessments upon all owners in the same manner as general
assessments whenever the general assessments shall appear to the Management Committee to be
insufficient to enable it to carry out its obligations in connection with the operation of the project,
or whenever the Management Committee is required to make an expenditure under or in
connection with the Declaration for which there are not sufficient funds available in the
maintenance fund. One or more special assessments may be levied by the Management
Committee upon less than all owners when permitted by this Declaration. Unless the
,
Management Committee otherwise notifies the owner or owners against whom a special
ass~ssment has been levied, the special assessment is payable in full on the date specified in the
notice of the levy .
i
g. To collect delinquent assessments by suit or otherwise and to enjoin or seek damages from an
owner as is provided in this Declaration, and to enforce a late charge of 5% of an amount in
default and to collect interest at the rate of 18% per annum in connection with assessments in
default, together with all expenses, including reasonable attorney's fees incurred.
h. To protect and defend on behalf of the project any part or all of the project from loss and
damage by suit or otherwise.
i. To borrow funds in order to pay for any expenditure or outlay required pursua.nt to the
authority granted by the provisions of this Declaration, and to execute all such instruments
evidencing such indebtedness as the Management Committee may deem necessary and give
security thereof; provided, however, that his provision shall not be deemed to give the
Management Committee the power or right to place any liens on any units. Such indebtedness
shall be the several obligations of all of the owners.
J. To enter into contracts to carry out their duties and powers.
k. To establish a bank account or accounts for the common treasury and for all separate funds
which are required or may be deemed advisable.
I. To make all repairs and do all maintenance to the common elements and the units.
I i
m.1 to keep and maintain full and accurate books and records showing all of the receipts,
expenses, and disbursements, and to permit examination thereof at any reasonable time by any
, ,
owner.
Stateline Condominiums Covenants Page 10 of 21
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000525
n. To prepare and deliver annually to each owner a statement showing receipts, expenses, and
disbursements since the last such statement.
o. To meet at least once each year. ,
,
p. To designate the personnel necessary for the maintenance and operation of the genêra1 and
limited common elements.
q. In general, to carry on the administration of the project and to do all things necessary and
reasonable in order to carry out the governing and the operation of the project.
r. To control and manage the use of all parking areas.
17. MANAGER. The Management Committee may hire a Manager. The Manager shall
have and exercise such powers as are granted to the Management Committee hereunder (and any
power herein delegated to the Management Committee shall be exercisable by the Manager), but
said Manager shall be directly responsible to, and under the control of, the Management
Committee.
18. ¡ NO WAIVER The omission or failure of the Management Committee, the Manager, or
any owner to enforce the covenants, conditions, restrictions, easements, uses, limitations,
obligations, or other provision of this Declaration, or the house rules and regulations adopted
pursu'ant thereto, shall not constitute or be deemed a waiver, modification, or release thereof, and
the Management Committee, the Manager, or any owner shall have the right to enforce the same
thereafter .
19. COMPENSATION. No member of the Management Committee shall receive any
compensation for acting as such.
20. ACCOUNTS. The funds and expenditures of the unit owners shall be credited and
charged to accounts under the following classifications as shall be appropriate, all of which
expenditures shall be common expenses:
a. Current expense, which shall include all funds and expenditures within the year for which the
funds are budgeted, including a reasonable allowance for contingencies and working funds,
except expenditures chargeable to reserves or to additional improvements.
b. Reserve for deferred maintenance, which shall include funds for maintenance items which
occur less frequently than annually.
c. Reserve for replacement, which shall include funds for repair or replacement required
because of damage, wear, or obsolescence.
Stateline Condominiums Covenants Page 11 of 21
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I
21., : INDEMNIFICATION. Contracts or other commitments made by the Management
Cortunittee or the Manager shall be made as agent for the Association, and the owners shall have
no personal responsibility on any such contract or commitment (except as owners under Section
31 hereof). Every member of the Management Committee shall be indemnified by the
Association, against all reasonable costs, expenses and liabilities (including reasonable,
legal fees) actually and necessarily incurred by or imposed upon him or her in connection with
any claims, action, suit, proceeding, investigation, or inquiry of whatever nature in which he or
she may be involved as a party or otherwise by reason of having been a member of the
Management Committee whether or not such individual continues to be a member of the
Management Committee at the time of incurring or imposition of such costs, expenses, or
liabilities, except willful misconduct, or gross negligence or malfeasance toward the owners in
the perfonnance of duties. The foregoing right of indemnification shall be in addition to and not
in limitation of all rights to which such persons may be entitled as a matter of law and shall inure
to the benefit of the legal representatives of such person.
22. EXCULPATION. No member of the Management Committee shall be liable for the
acts or defaults of any other member, or for any loss sustained by the owners as a result thereof,
unless the same has resulted from his or her own willful misconduct.
23. EXAMINATION OF BOOKS. Each owner and each mortgagee ofa unit shall be
pennitted to examine the books of account of the Association at reasonable times.
24. MECHANIC'S LIEN. Every owner agrees to indemnify and to hold each of the other
owners hann1ess from any and all claims of mechanic's liens and all costs and expenses,
including attorney's fees, due to such liens filed against other units and the general and limited
common elements for labor, materials, services, or other products incorporated in the owner's
unit.
25. RESERVATION FOR ACCESS. The Association shall have the irrevocable right, to
be exercised by the Management Committee or the Manager, to have access to each unit from
time to time during reasonable hours as may be necessary for the maintenance, repair,
replacement, or for making emergency repairs therein necessary to prevent damage to the
common elements or to another unit. Damage to the interior or any part of a unit resulting from
the maintenance, repair, emergency repair, or replacement of any of the general or limited
common elements or as a result of emergency repairs within another unit, at the instance of the
Management Committee or the Manager, shall be a common expense of all the owners unless
such damage is the result of the misuse or negligence of an owner or such owner's invitees,
guests or representatives, in which case such expense shall be charged to such owner.
26. MAINTENANCE RESPONSIBILITIES. As noted in this Declaration, the
maintenance and repair of buildings will be the responsibility of the Association, not the
individual owners. An owner shall maintain and keep in good repair the interior of his or her own
unit, including the fixtures, window glass, doors, appliances and interior paint. All fixtures and
equipment installed within the unit commencing at a point where the utilities enter the unit shall
Stateline Condominiums Covenants Page 12 of 21
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be maintained and kept in repair by the owner thereof. The owner must repair items such as paint
and sheet rock that are damaged by unit occupants unless the damage is caused by casualty (such
as fire) and the repair-cost is covered by insurance of the Association. An owner shall do no act
nor any work that will impair the structural soundness or integrity of the unit or impair any
easement of hereditament. An owner shall also keep any common area appurtenant to his or her
unit in a clean and sanitary condition. An owner shall be responsible for the cost of rep~irs for
damage caused by the negligence of the owner or any occupant of the unit, to the extent
uninsured by the Association (such as the deductible amount). All other costs of maintenance or
repqirs to the common elements and buildings shall be carried out by the Management
Cortunittee and shall be a common expense of all of the owners. As noted in Section 32, owners
I
are required to maintain their own insurance against certain risks and to require renter's insurance
as appropriate. Declarant shall not be liable for the costs of maintenance, repair or replacement of
any lunits or other improvements.
I
i
27. i COMPLIANCE. Each owner shall comply strictly with the provisions of this
Declaration and the decisions and resolutions of the Management Committee adopted pursuant
thereto as the same may be lawfully amended from time to time. Failure to comply with any of
the same shall be grounds for an action to recover sums due, for damages or injunctive relief or
both, and for reimbursement of all attorney's fees incurred in connection therewith, which action
shall be maintainable by the Management Committee or the Manager in the name of the
Association on behalf of the owners or, in a proper case, by an aggrieved owner.
28. RESTRICTIONS RELATING TO INSURANCE COVERAGE. Without the prior
written consent of the Management Committee, nothing shall be done, kept or permitted to exist
in any unit or in the common area, that will result in an increase in the rate of insurance therein.
No owner shall permit anything to be done or kept in his or her unit that will result in the
cancellation of insurance covering the project or any part thereof, or which would be in violation
of any law.
29. REVOCATION OR AMENDMENT TO DECLARATION. This Declaration shall
not be revoked unless all of the owners and all of the holders of any recorded first mortgage or
first deed of trust covering or affecting any or all of the units unanimously consent and agree to
such revocation by instrument duly recorded. This Declaration shall not be amended unless the
owners of the units consent and agree to such amendment by instrument duly recorded and
attested by the president and secretary of the Association, provided that revocation of this
Declaration shall always require the consent of all holders of any recorded first mortgages.
30. ADDITIONS. ALTERATIONS AND IMPROVEMENTS The Declarant retains full
authority to further improve the property and add to and utilize the common elements.
31. ASSESSMENTS. The making and collection of assessments of any nature from
owners for their share of common expenses ( determined pursuant to this Article and the other
Stateline Condominiums Covenants Page 13 of 21
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000528
applicable provisions of this Declaration) shall be carried out by the Management Committee in
accordance with the following provisions:
a. When Assessment Commence. Assessments for any unit shall commence on the applicable
date specified by the Declarant, but not later than the date of closing of a sale of a completed unit
by Declarant. .
b. Shares Qf Common Expenses. Each owner of a unit shall be responsible for an equal
proportionate share of all General Common Expenses. Such "General Common Expenses"
include the following services obtained by the Association: road maintenance, parking space
maintenance and snow removal services, trash collection, utility line maintenance, cable
television services for all owners, landscaping, installation and maintenance of walkways,
security systems and security personnel and equipment, common area facilities installation and
maintenance, and a portion of the cost of administration, landscaping and improvement of the
property (including accounting, legal, equipment, personnel and overhead); and all expenses of
the ¡Association for insurance, maintenance, repair, operation, landscaping, improvement
I i
management and administration. Such General Common Expenses shall be the responsibility of
all owners and shall be shared by all owners on an equal unit-by-unit basis. The Management
Committee in its discretion may bill specific owners for specific services (such as cable
television services, or repairs for damage caused by the negligence of an owner or invitees to the
extent uninsured), as a special assessment against the applicable owner and their unit. It is
expressly understood that the provision of certain services, such as cable television, mayor may
not be provided by the Association and is subject to the discretion of the Management
Committee, and that certain services such as water and sewer services may be provided by other
entities.
c. Rights to Collect From Tenant. If an owner shall, at any time, lease his or her unit and shall
be i~ default for a period of one month or more in the payment of assessments or other charges,
the ~~magement Committee may, at its option, so long as such default shall continue, demand
and receive from any tenant or subtenant of the owner the rent due or becoming due, and the
payment of such rent to the Management Committee shall discharge such tenant or subtenant
from the obligation for rent to the owner and the owner from his obligation to the Association, to
the extent of the amount so paid. The Management Committee shall be fully entitled to demand
and receive a copy of the applicable lease agreement.
32. INSURANCE The Management Committee, or Manager, shall obtain and maintain at
all times insurance of the type and kind stated in this Declaration, and including, at the discretion
of the ManagementCommittee, risks of a similar or dissimilar nature, as are or shall hereafter
customarily be covered with respect to other projects similar in use, issued by responsible
insurance companies authorized to do business in Wyoming. The fire and extended coverage
insurance, including vandalism and malicious mischief, to be maintained as to the units shall also
cover all fixtures, interior walls and partitions, decorated and finished surfaces of perimeter
walls, floors, and ceilings, doors, windows and other elements or materials comprising a part of
the units. The insurance shall be carried in blanket policy form naming the Management
Committee the insured, as attorney-in-fact for all of the unit owners, at their common expense,
Stateline Condominiums Covenants Page 14 of 21
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000529
which policy or policies shall contain a standard non-contributory mortgage clause in favor of
each first mortgagee, and a non-cancellation clause (whether or not requested by the owners of
units) providing that such policy or policies may not be cancelled except upon thirty (30) days'
prior written notice thereof to the Management Committee, each first mortgagee, and every other
person in interest who shall have requested such notice of the insurer. The Management
Committee, or the Manager, shall also obtain and maintain public liability insurance insuring
each member of the Management Committee, the Manager, if any, the Association, and the
owners against any liability to the owners or any other person incident to the ownership of or use
of the project or any part thereof. Limits ofIiability under such insurance shall not be less than
Five Hundred Thousand Dollars ($500,000.00) for anyone person injured, One Million Dollars
($1,000,000.00) for each occurrence, and Five Hundred Thousand Dollars ($500,000.00) for
property damage for each occurrence. This is just the minimum amount, and it is expressly
contemplated that the Management Committee may, in its discretion, obtain insurance with
higher limits and insurance against risks (such as earthquake damage) which are not specifically
referred to herein. The Management Committee may also obtain insurance with relatively high
deductib1es. Owners are required to carrv their own insurance (and to require renters insurance
for rental units) to cover their possible liability for payment of damages, such as the deductible
amounts, which is not insured bv the Association itself. All insurance policies obtained by the
Association itself should be reviewed at least annually by the Management Committee.
Each owner, upon becoming an owner, shall be deemed to have constituted and appointed, and
does hereby so constitute and appoint the Management Committee as his true and lawful
attorney-in- act to act in all matters concerning the purchase and maintenance of all types of
property and liability insurance pertaining to the project. Each owner does further hereby agree,
without limitation on the generality of the foregoing, and each mortgagee, upon becoming a
mortgagee or holder (as trustee or as beneficiary) of a deed of trust of a unit does hereby agree,
thatthe Management Committee, as attorney-in-fact, shall have full power and authority, in
addition to the powers above given, to purchase and maintain such insurance, and remit
premiums therefor, to collect proceeds and to use the same, and distribute the same to the
Ma~agement Committee, owners and mortgagees, as their interests may appear, all pursuant to
and ¡subject to applicable statutes and the provisions of this Declaration, and to execute all
docitments and do all things on behalf of each owner and the Management Committee as shall be
nec~ssary or convenient to the accomplishment of the foregoing.
il
~
I
33. i OWNER'S PERSONAL OBLIGATIONS. The amount of the common expenses
assessed against each unit shall be the personal and individual debt of the owner(s) thereof. No
owner may exempt himself from liability for his contribution towards the common expenses by
waiver of the use or enjoyment of any of the common elements or by abandonment of his unit.
Both the Management Committee and the Manager shall have the responsibility to take prompt
action to collect any unpaid assessment which remains unpaid more than twenty days from the
due date for payment thereof. In the event of default in the payment of the assessments, the
owner shall be obligated to pay interest on the amount of the assessment from the due date
thereof, together with all expenses incurred, including attorney's fees, together with such late
charges and interest as are provided in this Declaration. Suit to recover a money judgment
Stateline Condominiums Covenants Page 15 of 21
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000530
for unpaid common expenses shall be maintainable without foreclosing or waiving the lien
securing the same.
34.: FORECLOSURE OF LIEN. In the event that a lien is created on a unit for unpaid
,
COnlmon expenses, the Management Committee or the Manager shall prepare a written, notice
indicating the amount of such unpaid indebtedness, the name of the unit owner, and a description
of the unit. Such notice shall be signed by a member of the Management Committee or by the
Manager, and shall be recorded in the Office of the County Clerk of Lincoln County, Wyoming.
Such lien shall attach from the due date of the assessment. In any suit to foreclose the lien against
any owner of a unit, the Management Committee may represent itself in like manner as any
mortgagee of real property. The Management Committee, acting on behalf of the owners, shall
have the power to bid and acquire such unit at a foreclosure sale, and to lease, mortgage, vote the
votes appurtenant to convey, or otherwise deal with the same. The delinquent owner shall be
required to pay the costs and expenses, including attorneys' fees, for the filing of any lien, and
any foreclosure proceedings related thereto, as well as to pay a reasonable rent for the subject
unit until sale or foreclosure. Suit to recover a money judgment for unpaid common expenses
shall be maintainable with all costs and reasonable attorney's fees without foreclosing or waiving
the lien securing the same.
Any encumbrancer holding a lien on a unit may pay any unpaid common expenses payable with
respect to such unit, 'and upon such payment such encumbrancer shall have a lien. The holder of
any mortgage or first deed of trust which is prior to any assessment lien, upon becoming any
owner of a unit, pursuant to foreclosure, conveyance in lieu of foreclosure, or otherwise, shall be
subject to all assessments, and the lien thereof, made after such holder becomes such owner of a
unit.
35. MORTGAGES. An owner shall have the right from time to time to mortgage or
encumber his interest by deed of trust, mortgage, or other security instrument. The owner of a
unit may create mortgages, liens, or encumbrances subject to the following: any such conditions,
covenants, restrictions, uses, limitations, obligations shall be subject to the lien for common
expenses and other obligations created by this Declaration; and the mortgagee under any
mortgage shall release, for the purpose of restoration of any improvements upon the mortgaged
premises, all of his or her right, title, and interest in and to the proceeds under all insurance
policies upon the unit and project. Such release shall be furnished forthwith by a mortgagee upon
,
wriµen request of one or more of the members ofthe Management Committee, and if such
request is not granted, such release may be executed by the Management Committee as attorney-
in-fact for such mortgagee.
36.1 , RECONSTRUCTION. This Declaration does hereby make mandatory the irrevocable
appointment of an attorney-in-fact to deal with the property upon its destruction, for repair,
reconstruction or obsolescence. Title to any unit is declared and expressly made subject to the
terms and conditions hereof, and acceptance by any grantee of a deed or other instrument of
conveyance from the Declarant or from any owner or grantor shall constitute appointment of the
attorney-in-fact herein provided. All of the owners irrevocably constitute and appoint the
Stateline Condominiums Covenants Page 16 of 21
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000531
Management Committee their true and lawful attorney in their name, place, and stead for the
purposes of dealing with the property upon its destruction or obsolescence as is hereinafter
provided. As attorney-in-fact, the Management Committee shall have full and complete
authorization, right and power to make, execute, and deliver any contract, deed, or any other
instrument with respect to the interest of a condominium unit owner that is necessary and
appropriate to exercise the powers herein granted. Repair and reconstruction of improv~ments as
used in the succeeding subparagraphs means restoring improvements to substantially the same
vertical and horizontal boundaries as before. The proceeds of any insurance collected shall be
available to the Management Committee for the purpose of repair, restoration, reconstruction or
rep1~cements unless the owners and first mortgagees agree not to build in accordance with the
provisions set forth hereinafter.
!
a. In the event of damage or destruction due to fire or other disaster, the insurance proceeds, if
sufficient to reconstruct improvements, shall be applied by the Management Committee, as
attorney-in-fact, to such reconstruction, and improvements shall be promptly repaired and
reconstructed. The Management Committee shall have full authority, right and power, as
attorney-in-fact, to cause the repair and restoration of the improvements.
b. If the insurance proceeds are insufficient to repair and reconstruct improvements, and if such
damage is to one-third or fewer condominium units, such damage or destruction shall be
promptly repaired and reconstructed by the Management Committee, as attorney-in-fact, using
the proceeds of insurance and the proceeds of an assessment to be made in the manner hereinafter
set out. If any mortgage or trust deed holder of any damaged unit required and received payment
of any part of the insurance proceeds, the owner of that unit shall pay to the Management
Committee the amount so received by such mortgagee or trust deed holder for use by the
Management Committee, with the balance of the insurance proceeds, in repairing and
reconstructing pursuant hereto. The insurance proceeds, together with payments made by unit
owners shall be held in a building account for use in repairs and reconstruction pursuant hereto.
Any deficiency in the building account shall be assessed against the unit owners as a common
expense. Such assessment shall be payable within ninety (90) days after written notice thereof to
the owners assessed. The Management Committee shall have full authority, right and power, as
attorney-in-fact, to cause the repair or restoration of improvements using all of the insurance
proceeds and unit owner to pay an assessment. The assessment provided for herein shall be a
debt of each owner and a lien on his condominium unit and may be enforced and collected as is
provided in this Declaration, In addition thereto, the Management Committee, as attorney-in-fact,
shall have the absolute right and power to sell the condominium unit of any owner refusing or
failing to pay such deficiency assessment within the time provided, and if not so paid, the
Management Committee shall cause to be recorded a notice that the condominium unit of the
delinquent owner shall be required to pay to the Management Committee the costs and expenses
for filing the notices, interest at the rate of 10% per annum on the amount of the assessment from
and after said 90 day period, and all reasonable attorney's fees incurred in selling the unit and
collecting said assessment.
Stateline Condominiums Covenants Page 17 of 21
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The proceeds derived from the sale of such condominium unit shall be used and disbursed by the
Management Committee, as the attorney-in-fact, in the following order:
1. For payment of taxes and special assessment liens in favor or any assessing entity ,
and the customary expense of sale; .
2. For payment of the balance of the lien of any first mortgage or trust deed, with interest
any prepayment penalty;
3. For payment of unpaid common expenses, the assessment, with interest, made for
repair and reconstruction of the project, and all costs, expenses, and fees incurred by the
Management Committee in selling such unit and collecting the assessment, not paid
pursuant to I. above;
4. For payment of junior liens and encumbrances in the order of and to the extent of
their priority; and
5. The balance remaining, if any, shall be paid to the unit owner based on the
percentages set forth in Exhibit B hereto.
c. If the insurance proceeds are insufficient to repair and reconstruct the damaged
improvements, and if such damage is to more than one-third of the condominium units, and if the
owners representing an aggregate ownership interest of 51 percent, or more, of the general
common elements do not voluntarily, within 100 days after such damage, make provisions for
reconstruction, which plan must have the unanimous approval or consent of every holder of a
first mortgage then of record, the Management Committee shall forthwith record a notice setting
forth such fact or facts, and upon the recording of such notice, the entire condominium project
shall be sold by the Management Committee pursuant to the provisions of this paragraph, as
attorney-in-fact for all of the owners, free and clear of the provisions contained in this
Declaration and the Map. The insurance settlement proceeds shall be collected by the
Management Committee, and such proceeds shall be divided by the Management Committee
according to each owner's percentage interest in the general common elements, and such divided
proceeds shall be paid into separate accounts, each account representing one of the condominium
unit designation and the name of the owner. The total funds of each account shall be used and
disbursed, without contribution from one account to another, by the Management Committee, as
attorney-in-fact, for the same purposes and in the same order as is provided in subparagraph (b) 1
through 5. of this paragraph.
If the owners representing an aggregate ownership interest of 51 %, or more, of the units adopt a
plan for reconstruction, which plan has the unanimous approval of all holders of first mortgages
then 'of record, then all of the owners shall be bound by the terms and other provisions of such
,
plan.! Any assessment made in connection with such plan, shall be a lien, and may be enforced to
the extent and in the manner set out in subparagraph (b ) of this paragraph and shall be due and
payable as provided by the terms of such plan, but not sooner than 90 days after written notice
ther~of. The Management Committee shall have full authority, right and power, as attorney-in-
fact, to cause the repair or restoration of improvements using all of the insurance proceeds and
I
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Stateline Condominiums Covenants Page 18 of 21
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any,unit owner's payments for such purpose notwithstanding the failure of any owner to pay an
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d. The owners representing an aggregate ownership interest of one-third of the common
elements Ìnay agree that the buildings should be razed and new ones built, and adopt a,plan for
the renewal and reconstruction, which plan shall require the unanimous approval of all'holders of
first mortgages of record at the time of the adoption of such plan. If a plan for the renewal or
reconstruction shall be payable by all of the owners as common expenses; provided, however,
that an owner not a party to such plan for renewal or reconstruction may give written notice to
the Management Committee within 30 days after the date of option of such plan that such unit
shall be purchased by the Management Committee for the fair market value thereof. The
Management Committee shall then have 60 days thereafter within which to cancel such plan. If
such plan is not canceled, the unit of the requesting owner shall be purchased according to the
following procedures. If such owner and the Management Committee can agree on the fair
market value thereof, then such sale shall be consummated within 60 days thereafter. If the
parties are unable to agree, the date when either party notifies the other that he or it is unable to
agree with the other on the sixtieth day after notice demanding purchase is given to the
Management Committee, whichever date is earlier, shall be the "commencement date" from
which all periods of time mentioned herein shall be measured. Within ten days following the
commencement date, each party shall nominate in writing (and give notice of such nomination to
the other party) an appraiser. If either party fails to make such a nomination, the appraiser
nominated shall within five days after default by the other party, appoint and associate with him
another appraiser. If the two designated or selected appraisers are unable to agree, they shall
appoint another appraiser to be umpire between them, if they can agree on such person. If they
are unable to agree upon such umpire, each appraiser previously appointed shall nominate two
appraisers, and from the names of the four appraisers so nominated one shall be drawn by unit by
any judge of any court of record in Wyoming, and the name so drawn shall be such umpire. The
nominations from whom the umpire is to be drawn by unit shall be submitted within ten days of
the failure of the two appraisers to agree, which, in any event, shall not be later than 20 days
following the appointment of the second appraiser. The decision of the appraisers to the fair
market value, or in the case oftheir disagreement, then such decision of the umpire, shall be final
and binding. The expenses and fees of such appraisers shall be borne equally by the Management
Committee and the owner. The sale shall be consummated within 15 days thereafter and the
Management Committee, as attorney-in-fact shall pay the purchase price therefore in cash and
shall disburse such purchase price for the same purposes and in the same order as is provided in
subparagraph (b) 1. through 5. of this paragraph, except as modified herein. At the time of
payment to such owner, such owner shall deliver to the Management Committee, or its nominee,
a good and sufficient warranty deed to the unit, fully executed and in recordable form, free and
clear of all liens, charges and encumbrances.
37. GENERAL RESERVATIONS. Declarant reserves the right until completion of the
project and until a written statement to that effect is recorded by Declarant, to establish
easements, reservations, exceptions, and exclusions and for the best interests of the project.
Stateline Condominiums Covenants Page 19 of 21
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I 000534
I
38. I i COVENANTS TO RUN WITH LAND. Each of the covenants of this Declaration
shall run with the real property which is the subject of this Declaration, and each and every
,
condominium and every interest therein or pertaining thereto, and shall bind Declarant, its
successors, grantees and assigns, and all parties claiming by, through, or under Declarant. Each
purchaser of any unit shall, by acceptance of the deed or other conveyance of any such lJnit, be
conclusively deemed to have consented to and aweed to each to each and all of said co~enants
for himself and his heirs, executors, administrators, successors and assigns, and does, by said
acceptance, covenant for himself and his heirs, executors, administrators, successors, and assigns,
to observe, perform and be bound by each and all of said covenants.
39. ASSIGNMENT OF DECLARANT'S RIGHTS. Declarant reserves the right to vest
any entity with all or any of the rights, interests, privileges, easements, powers and duties herein
retained or reserved by Declarant, by a supplemental declaration and assignment which shall be
effective when recorded in the Office of the County Clerk, Lincoln County, Wyoming, and
Declarant shall thereupon be relieved and discharged from every duty so vested in such other
entitY 1
i IN WITNESS WHEREOF, this Declaration has been executed by the Declarant effective
as of the date of recordation hereof.
DECLARANT: #V~
/p AUt JENKIN
STATE OF WYOMING )
) ss.
COUNTY OF LINCOLN )
The foregoing instrument was acknowledged by Paul Jenkins, Declarant, who acknowledged said
instrument on this 5th day of June, 2006.
WITNESS my hand and official seal.
CHRISTINA K. ALLRED - NOTARY PUBLIC
COUNTY OF STATE OF
LINCOLN WYOMING
MY COMMISSION EXPIRES 04/30/2009
a1YJ~~' 11 oøkJ
Notary Public
My Commission Expires: Y-,--~-lY\
Stateline Condominiums Covenants Page 20 of 21
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iJ' \ (. ,~1 ~~~.. > . 1 {"~ S ;,
;. ..J~4~...ø"~.iì(_tv
Profellional Land Surveyors
P~uI N. Sct\arbel
Wyo. Regislralion No. 164
Ulah Rlgistt~UO(l No. 1670
Idaho Registrl!ion No. 3990
Nell~da Regislralion No. 6805
Scon A. SCherb,1
Wyo, Regislra\ion No. 3889
Idaho Reglslralion No, 8026
Ulah Regis (ilion No. 3721~ I
MARLOWE A.. SCHERBÊl'
Wyo. R8gislr.lion No. 5368
Survey[)( &herbel, l TO
Ahon, Wy(¡ming
Sig Piney, Wyoming
Jackson, Wyoming
lalla Hal Springs, Idaho
MonlpeSjl!f, Idaho
...."................-,.
,'_-,' ,~."...-"'-'"M~.·.._::..~· ,_ .--". __"......'.'._ .~._ -.~.' ." .~__-'..'.:...
DESCRIPTION FOR
OOOsas
EXHIBIT A
STATE LINE CONDOMINIUMS
PHASE I - BUILDINGS 300 AND 500
To-wit: - -
All of Lot 3 and all of Lot 5 of Stateline Estates of record in the Office of the Clerk of
Lincoln County as Plat No. 293-E, within GLO Lot I and the NWY.NEY. of Section 33,
T35N R119W, Lincoln County, Wyoming.
II September 2006
.~;,·. :·.·'·I·:, ·;':>-j
"Modification in ;itl~¿~:::¡:¡:~~i of the foregoing description terminates liability
SUNeYOr"
EXHIBIT B
;'J: (,) "j¡ ., J'. or
· . ·.J~'I'l.,,·Jt..,Ü
:~r~I~;~¡~~I¡j;:~
000536
BUILDING NO. 5, PERCENTAGE OWNERSHIP IN THE GENERAL COMMON
ELEMENTS
4 Units, 25% ownership vote for each.
Stateline Condominiums Covenants Page 21 of 21