HomeMy WebLinkAbout922774
00083j.
101
RECEIVED 9/2512006 at 4:23 PM
RECEIVING # 922774
BOOK: 634 PAGE: 131
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
CORRECTED
DECLARATION
of
COVENANTS, CONDmONS AND RESTRICTIONS
for
MOUNTAIN HEIGHTS
CONDOMINIUMS
in
IJNCOIN COUNTY, WYOMING
SEPT 2006
WOlJNTAIN HEIOHI'S~/COIlaI!Cl1ID C(1"S
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U922774
INDEX
SECTION:
1 Definitions ..... ...... ................... .......... ........... ....... ................ ................... ............... ...............
2 Scope of Project.................................................................................. ...................................
3 Map................. ........................................ ................. ......... ............................ ........................
Divisio·· of Property . C odo .. U·
4 Ii 1JÚO n mlnlUDl mts.......................................................................
5 Common FJP.JneDtl)...... ..................................................... ........... ..........................................
6 Parlcing Spaces.. ................... ................ ........... ..................................... .................................
7 Separate A-lm1I"Itt and Taxation...... ............ ..................... ..................... .... ........ ....... .........
8 Ownership - Title.................................. ............................... ................................................
9 Non-Partitionability..... .................................................... ......................................................
lOUse of Common RIfa.ments.... .......................................................... ..... ...................................
11 Use and ~~ncy by DecIaraot............................................... ....................... ....... ..............
12 Certain Additional R.estrictioos................................................... ...... .....................................
13 F,ali:P.Jl1l"nts for Encrnsu-htnPnts......... ....................... .............. ..... ................................. ............
14 Owners VotiDg Rights. ........................... ...... ............................... .............. .............................
15 MoUDtain Height CondnminiulI1 Home Owners' AIWri'ttion..................................................
16 Mana~t Committee........................... .............. ...... .... ................ ......................................
17 Powers and Duties ofManagentP.Dt Committee................................................................ .......
18 Mauager................................................... ......... ...... ....................... ............... .........................
19 No Waiver...... ....... ....... .................. ................................ .......... ........................................ ......
20 Compenli:llltinl1 ......... ............................... ................. ...................... ............. ................. ...........
21 Accouuts.. .................................................. ................................ ....... .....................................
22 TndP.JI1nification................... ....... ...... .............. ..... ..... ..... .......... .............. ... ............ ..................
23 Exculpation..... ......... ............................... .......... ........................ .............................................
24 Mf'ÇItanic' s Lien.......... ................ ...... ............ .................................... ........... ..........................
25 R.eservatioo for Access....... ...ou........ .............. ..... .... ................ ..... ........................ ..... ..............
26 Maintenalll'P. Responsibility..... ...................................................... .........................................
27 RevocatioD or .A.~lI1P.I'It to Dec1aIation................................................................. ..............
28 Addisioos, Alterations and hnproveoJCDts............................................. ..................................
29 .A. ~elJts... ............................................ ............................................................................
30 lnsuraoce.. ....... .... ... .............................. .................. ...... ................ ..........................................
31 R.estrictioos Rdatiug to lnsuraoce Coverage...........................................................................
32 Foreclosure ofLien................................... ..................... ..................... ...... ..............................
33 Mortgages........................... ........... .............. .................... ............ ................ ...........................
34 Reconstruction.. ....... ........................... .................................. ..... .......... ...................................
35 Geuera1 Reservations. ............ ....................... ..... ......................................... ............................
36 Covenants to Run With the Land............................................................................................
37 .A.~gJ11T1M1t of DecJaraot' s Rights.................. ..... ...................... ..............................................
38 .Arbitration and Mediation.............. .............. ..................... ........ ...... ............................. ..........
Exhibit A - Legal I>escriptioo.............. ................. ......................................................................... ....
Exhibit B - pe¡r.P.I1ta~ of Ownership...... .... .......... ............. ...... ........................... .................................
Exhibit C - Approved BuUy Barn Plao.................................................................................................
Exhibit D -Sample Budget Form ................................................. .......................................................
},(outlrAINHEIGHI'S~CCI.·s
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092~774
000B33
CORRECTED
DECLARATION
of
COVENANTS, CONDmONS AND RESTRICTIONS'
for
MOUNTAIN HEIGHTS
CONDOMINIUMS
TInS CORRECTED DECLARATION OF COVENANTS, CONDmONS AND
RESTRICfIONS FOR 1HE MOUNTAIN HEIGHfS CONDOMINIUMS ("Declaration ofCovemutsj
is made on the date ~tt:lftt'r set fourth by the UDdersignc:d, Bruce: M. Davis and Betty B. Davis,
beremaftec JJcaual to as the "Declarant" for the purpose of ~ the rights and obJig;ttioos of
ownership for the MOUNTAIN HEIGHfS CONDOMINIUMS' Project ("this Project") located within the
Star View Estates Subdivision, County off .intx>Iu, State of Wyoming, and supersedes and cancels in its
entirety that certain DecIaratiœ of Covemuts, Cnnditioos and Restrictions for Mountain Heights
Ccmdtwnin1UJDS dated May 11,2006, which was recorded on May 18,2006, Receiving No. 918538. Book
No. 620. Pages 483 t:broqøh 510.
RECITALS:
A. The Declanmt is the owner- of the I'CIl property located within the Star View Estates
Subdivision, County of I .inco1n, State of Wyoming, which is described in Exhibit A attlC'bed hereto and
made a paI't hereof
B. The Plat Mapls for the Mountain Heights CnrvInm1n1111'ns recorded on May 24, 2006,
Instmmcot No. 918150. Map No. 132C. in the County Recorder's Office of Lincoln County, Wyoming,
which Plat Map/s defines the divisiœ of certain I'CIl property known as Lot 33 of the Star View Estates
Subdivision, a recorded subdivision, Instmmcot No. 568074. Map No. 217.1ocated in Lincoln County, into
four (4) CcmdtwnininJt'l Units more particularly desaibed in Exhibit A, will be corrected and filed
simllltaneoosly with this corrected DecIaratiœ ofCovemuts, Cœditions and Restrictions.
C. Declanmt desires and intcods to, and does laeby, submit the above-described Property,
togctbcr with all bn1Jdinss, structures, improvemœts and other pc:rm:ment fixtures of every kind thereon or
may be placed tben:œ or may pertain t.bcrcto to the provisiœs of the Wymúng Cnndnmin1UDl Ownership
Act and amt'!ntIlIV'ftts tbcreto.
D. Declaraut docs hereby publish and dec1arc that the real properties stated above sball be held,
sold, leased and conveyed subject to the following corrected oovmants, cœditions and restrictions of this
Project affi..r.ti~ all dwellings, appurtœaoces and improvemœts as-.iated with this Project described
heœin along with the corrected Plat Mapls and sbal1 be in adrlirio-t to all other covenants, conditions or
restrictions of record a~ this Project, the Declanmt and his successors and 3.4IsigJ'ls, the Unit Owners
and the Mountain Heights Condcwnin1nms lbne Owners' As-.i!lltioo. (the "Associationj, which
covcnauts sball be as follows:
UCUlL\IHHI!IGImI~CCI.·S
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092~774
000834
a. shall be both a burdm and a benefit to the above named mtities;
b. shall run with the land;
c. shall be for the purpose of protecting the value, desirability and character of the Property;
d. shall be biDding on all parties having any right, title or interest in the Property or any part
thereof;
e. and shall inure to the benefit of the aforemœtioned parties and their successors and assigns.
E. The name by which this property is to be iœntiñed is the "MOUNTAIN HEIGHTS
CONDOMINIUMS".
F. The individual Cnnrlnminium Units and related Gmeral Common EIP.I11P.11ts will be owned,
JrullUlged and Jrulintai11f".tt by a Wyoming non-profit corporation known as MOUNTAIN HEIGHTS
CONDOMINIUMS HOME OWNERS' ASSOCIATION (the "Association") serving as the
Association of Owners as provided herein.
NOW, TIlEREFORE, the Declarant does hereby publish and declare that the following covenants,
c.-nnditinns and restrictioos sball be ~ to run with the ~ shall be a burden and a benefit to the
Declarant, and its successors and assigns.
SECI10N: 1. DEFINITIONS.
Unless the context shall expressly provide otherwise,
A. "Unit" means an individual air space Unit consisting of any enclosed rooms
occupying part of any Building and is described as a column of vertiœl space existing
between the horizontal planes of the floor and ceiling of the story within the Building in
which it is located and bounded by the irreguJar interior unñni~ surfaces of the
perimeter walls, floors, ceilings, windows, doors, along the perimeter boundaries of the air
space of said boundaries, as shown on the Plat Map/s, together with all fixtures, cabinets,
carpets, flooring, paint and finishes, all lath, furring, wallboard, plasterboard, plaster,
paneling, tiles, wallpaper and any other materials coomÏtlItÏ"B any part of the fini~
surfaces are a part of the Unit along with all non bc1ring interior partition walls.
Notwithstanding the fact that they may be within the boundaries of said air space, the
following are not part of a Unit insofur as they are necessary for the support or use and
enjoyment of another Unit: stJUctural compooeots of the BuildingIs, bc1ring walls, floors,
ceili"8~, roofs, foundations, exterior walls and roof ñni~h~, ceiling equipment, pipes,
vents, ducts, cnndnits, wire and other utility installations, except the outlets thereof located
withing the Unit. Utilities or other fixtures which lie pa.rtially within and pa.rtially outside
the boundaries of a Unit, any portion serving only that Unit is a Limited Common Elem~t
allocated soJeIy to that Unit and any portion serving more than ODe Unit or any portion of
the Common E1mtents is a part of the Geœral ComI11()1) FJP.I11f'nt~.
B. "Owner" means any owner of record, whether one or more persons or entities,
having recorded title to the full and exclusive use of a specific· Unit, including contract
buyers of record but excluding mortVgees, contract sellers or others having such interest
merely as security for the peñormance of an obliVtion. An "Unit Owner" shall mean all
of the owners of a particular Unit collectively and shall be jointly regarded as a single
MOUNfAIN HEKJIITS CONl)()MJNJlAΠI COIUU!CTIID CClI."S
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000835
Owner for the purposes of this Declaration of Covenants. 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 tr~ by the Association as an Unit Owner and liable for the
Assessment Lien as the repr~tative of all the ownership of such Unit for purposes of
giving notices, voting and other matters. ..
C. <'General Common Elernerrts" means all portions of the Mountain Heights
Comtnminillms' Project other than the individual air space Units, including, but not limited
to, all l.imited Common R1/"nU"nfs, any recrf'.élt1ooal areas, walkway areas, driveways,
stairs, any structural COIIlpODmts of the Building and its exterior finishes, land~ing and
fœces which are for the use and beuefit of all the Unit Owners. The General Common
Areas are those areas outside the exterior building walls with are for the use of all Unit
Owners.
D. "I.imited Common RIf'n1P.ntQ" means those portions of the General Common
Element which are either limited to and reserved for the exclusive or nonexclusive use of
an Owner of a Condominium Unit or are limited to and reserved for the common use of
more than one, but £ewe¡- than an. of the CnnrlnminiUT11 Unit Owners such as, but not
limited to, the front porches and dec.ks that are accessible from an single Unit, the front
sidewalk area defined œ the Plat Mapls for each Unit, the I.imired Common Area adjacent
to and in the rear of each Unit as shown on the Plat Mapls, the parking area adjacent to
and in the front of each Unit as shown in the Plat Mapls and the Units individual utility
services entering through the Building. The l.imitoo Commnn Areas are those areas outside
of the exterior building walls which are for the use of one or more but less than all the Unit
Owners.
E. "Common Expense" means expenses for project maintf'.l1anr.e, repair,
operation, m:ln~ and administration determined in accordance with this Declaration
of Covenants and shall become an Assessment Lien prorated equally on each Unit.
F. "Association" DaDS MOUNTAIN HEIGHTS CONDOMINIUMS HOME
OWNERS' ASSOCIATION.
G. "Ma~~Ͼnt Committee" means the board of directors of the Association.
SECTION: 2. SCOPE OF PROJECT.
The "Project" consists of the construction of four (4) Condominium Units, together with ODSite
pa.rlång 1àcilities for such Units and other Common Areas on Lot 33 of the Star View Estates Subdivision,
a recorded subdivision, Inst:rument No. 568074. Map No. 277. located within the County of Lincoln, State
of Wyoming, along with any ea~s shown OIl the Plat Mapls. Declarant hereby reserves the right to
annex. additinnal real property to the development and make it subject to the terms and conditions of this
Declaration of Covenants. Upon such annexation, the real property involved in such annexation shall
become a General Common FJf'.I11f'.nt of all of the Mountain Heights ûvvInmininms Units and their Owners
and Owners of the newly created and annexed Units shall be members of the Association. The Unit
alIncatiœ for undivided inteœsts in the General CnmmorI FJP.mP.nts, the votes in the Association and the
percmtJligcs of cnmmnn expenses shall be a~ to rct1ect the addition of additional real property's
General CommQl'l FJf'n1P.ntQ and additional Unit Owners. Each owner hereby irrevocably appoints the
UlXNfADIHBIGHTSCOHIX>MIHIlAß/COUI!C1EDCCII.·S Page 5 of 34
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1J92277-1:
000836'
Declarant or its successor as its attorney-in-fact with a Limited Power of Attorney to amend the Exhibit A
and B of this corrected Declaration of Covenants setting forth the legal description and the Unit Allocations
to conform to the appropriate legal description and percentages of the increased General Common
EIemð1ts.
SECTION: 3. MAP.
.
.
Declarant reserves the right to ameod or add to the Plat Map/s from time to time, to conform the
same according to the actua1location of any of the constructed improvements and to establish, vacate and
relocate utility CL~~, assess road ea.-.ments and on-site parking areas.
SECTION: 4. DIVISION OF PROPERTY INTO CONDOMINIUM UNITS.
The real property described in Exhibit A and the improvements located or to be located thereon has
beœ platted or will be platted for division into separate fee simple estates, each such estate consisting of a
separately desigJ1:¡tt"Lt Unit and the undivided percentage or fractional interest in and to the General
ConunQn RI~t~ for each Unit as set forth in Exhibit B hereto.
SECfION: 5. COMMON ELEMENTS.
A portion of the General Common Elements is reserved for the exclusive use of the individual
Owners of the respective Units, and such areas are referred to as "Limited Common Elements". The
Limited Common Elements so reserved shall be identified on the Plat Map/s. Any balcony, patio or deck
which is accessjble from. associated with and which adjoins a Unit. without further reference thereto, either
herein or on the Play Map/s, shall be used in connection with such Unit to the exclusion of the use thereof
by the other Owners of the General Commnn Elements except by invitation. All of the Owners of
CnnrlnminiUITI Units in this cnndrnninium Project shall have a nonexclusive right in common with all of the
other Owners to use of sidewalks, pathways, roads, driveways and streets located within the entire
cnndnmininm Project. No reference thereto, whether such Limited Common Elements are exclusive or
IVVIf'!YrJusive, need be made in any deed. instrument of conveyance or other instrument. The water lines,
septic systems, propane, other utilities, fences and landscaping are also General Common Elements.
A. Each Unit. the app11I1œant undivided interest in the General Common Elements and
the app11I1œant l.imited Common Elements shall together comprise one "Condominium Unit",
shall be inseparable and may be conveyed. leased. devised or encumbered only as a Condominium
Unit.
B. Every contract for the sale of a Condnminium Unit written prior to the filing for record
of the Plat Map/s may legally describe a Condnminium Unit by its identifying Unit designation.
followed by the name of the Project, with further reference to the Plat Mapls thereof and the
Declaration of Covenants to be filed for record. Subsequent to the filing of the Plat Map/s and the
recording of the Declaration of Covenants, every deed, lease, mortgage, trust deed, will or other
instrument may legally describe a Condominium Unit by its identifying Unit designation, followed
by the name of this Project, with further reference to the Plat Map/s thereof filed for record and the
recorded Declaration of Covenants. Every such description shall be good and sufficient for all
purposes to sell, convey, transfer, f'fll-.nmher or otherwise affect not only the Unit but also the
General Common EJf'n1ð'1t~ and the l.imifro Cnmmort EJð'I1ð'1ts app11I1œant thereto. Each such
MOUNTAIN HI!IGHI'S CONIXJAðNJUWSI CORRECl1ID CCJl"S
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0922774
000837
description shall be construed to include a nooexclusive casanent from ingress and egress to an
Owner's Unit and use of all the Gœeral Common Elements together with the right to the use of the
appurtœant I.imired CoI11lTlOß Elf".J11P.l1ts. The initial deeds conveying each Condominium Unit may
contain reservations, exceptions, and exclusions which the Declarant deems to be consistent with
and in the best interest of all Condominium Unit Owners. :
SECTION: 6. PARKING SPACES.
I
On-site parking areas and related facilities shall be under the control of the Declarant until the
Project has hem. completed. Thereafter, the parking areas shall be under the control of the Management
Committee. The parking area. directly connected to each Unit and labeled on the Plat Map/s as a Limited
Commnn F.lement appurtœant thereto is to be used by that Unit Owner only, and only two vehicles per
Unit will be permitted.
SECTION: 7. SEPARATE ASSESSMENT AND TAXATION.
The real estate taxes, assesanP.nt~ and other charges of the State of Wyoming or other political
subdivision or any special improvement district or any other taxing or assessing authority shall be assessed
against and collectOO on each individual air space Unit, each of which shall be carried on the tax books of
the Lincoln County Assessor as a separate and distinct parcel for such purpose, and not on the building or
the Property as a whole. The valuation of the General Common FJemt'nfs shall be assessed proportionately
upon each individual air space Unit in accordance with Exhibit B. Appropriate written notice shall be
delivered to the I.inr.oln County Assessor for these purposes and such other action shall be taken to
effectuate the foregoing purposes to tax the Units separately including their proportionate share of the
Gœeral Cnmmnn FJf".ml".I1t'l, The lien for taxes assessed to any Cnnrlnminium Unit shall be confined to that
Condominium Unit. No forfeiture or sale of any Condominium Unit for delinquent taxes, assessments or
other govel111'nental charges shall divest or in any way affect the title to any other Condominium Unit.
SECTION: 8. OWNERSIDP - TITLE.
A Cnnrlnmini~lm Unit may be held and owned in any real property tenancy reJationship recognized
under the laws of the State of Wyoming.
SECTION: 9. NON-PARTITIONABILITY.
The Geoeral Common F.1emCl1ts shall be owned by the Association in common for all of the
Owners of the Units and sball remain undivided, and no Unit Owner shall bring action for partition or
division of the Gœeral Cnmmnn F.lf".ml".I1t~. Nothing ('nntamM herein sball 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.
SECTION: 10. USE OF COMMON ELEMENTS.
Each Unit Owner sball be entitled to exclusive usage and possession ofhislher Unit and any related
I.imited Common Elements, subject to the rights of the Managm1CDt Committee set forth herein. Each
Owner of a Unit may use the Gœeral Û)m1Tl()l'l Elf".ml".I1ts in accordance with the purpose for which they are
intended, without hindering or eocroor.hing upon the lawful rights of other Owners of their Units. The
UOUNIAJN IŒIGHl'S CONIXIYINllAiS I COüBC11iD en's
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0922'774
000838
exclusive right to repair, m"int"in and replace the Units is reserved to the Management Committee as
provided herein. and the express written approval of the Management Comm1ttee is required for any
improvement, painting, fencing. repair or alteration QUJ'Ïed out by an Unit Owner.
A. A Unit may be used and occupied by the applicable Owner, hislher family aød their
guests and invitees, or an Owner's lesseels or teoant/s~ provided, however, that such use by an
Owner's guestJs and invitecls or lesseels or teoant/s is 11m1nt"ined in conformity with any and all
applicable conditions and restrictions provided here in. The Unit Owner shall be responsible for
the actions and da~ any such guest. invitee, lessee, or tenant may cause and for the payment of
all Asses!m1f"..l1t Liens.
B. Conformity with any and all applicable]and use regulations of Lincoln County shall be
required. in addition to the requiraDC"nts of this Declaration of Covenants and any other related
rules and regulations. In case of any conflict, the more stringent requirements shall govern.
c. Only sing1e-family residtonri,, use shall be permitted. No commercial. industrial or
other noo sing1e-family residtonri,, 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.
D. Use of the Land Use F.a~ent along the west boundary line adjacent to Lot 32 and
located on Lot 32 shall be used only in accordance to the mutual benefit of both Lot 32 and Lot 33
and by permission of the owner/s of Lot 32, and such use must be agreed upon and in writing. Use
of the Land Use FaW".lnP.nf along the east boundary line adjaceot to Lot 34 and located on Lot 34
shall be used freely for purposes of access and recreation as a Gœera.l Common F ffl11~t for the
Unit Owners.
SECTION: 11. USE AND OCCUPANCY BY DECLARANT.
The Declaraot and Declaraut's employees, representatives, agents and contractors may J)1aintain a
business and sales office, construction facilities and yards, model units and other developer's facilities
necessary or desirable to Declaraot during the construction and sales period.
SECfION: 12. CERTAIN ADDITIONAL RESTRlCfIONS.
The following additiaoal restrictions are applicable to the Units and General Common Areas. Each
reference to "Owners» i1)dndes their tenants and invitees.
A. Keeping Outside Âreas Clean and Sif!htlv. The Owners shall not obstruct the General
Common Areas as ("nnf"1nM herein. One 12' x 16' maximum size "Bully Barn" will be allowed for
each Unit to be constructed and ¡n"int"ined by a Unit Owner and built and located in accordance to
the Plat Map/s and a building plan obtained from the Management Committee with a written
permit the.dìOU1. All Owners shall1œep their resjdto.nr~ and their Units in a reasonably clean.
safe, sightly and tidy condition. No c1othe$lines will be permitted. Anv tires. lawnmowers. RaIden
eauiotnf'nt childrœ' s tovs and other similar items must be stored and aoorooriatelv screened from
MOUNTAIN HEIGIrfS COtIIXIMIHIlJIo I COIUUiCI1ID CCII.·S
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the Dublic view when not in use. No antmlm!: or television "dishes" in excess of 24 inches in
Qia1'l1ðeT 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 Malmummt Committee. Refuse, garbage and trash
shall be kept at all times in a covered container. 1òe parking of recreational vehicles, motor
homes, trailers, boats, snow mobiles, camper bodies and inoperative vehicles is prohibited in
parking areas and the primary garage that is part of the individual Unit and other General or
Limited Common Areas. 1òe Management Committee shall have full power and authority to
regulate the constructiœ of any dog kennel or any other structure and full power and authority to
regulate parking and storage of cars, trucks, bicycles, motorbikes, motorcycles and other similar
vehicles and equipment and to regulate the use of roadways by imposing and enforcing speed'limits
and other restrictions, with full power and authority to impose and enforce (by special assessments
bereunder or otherwise) fines and other penalties for violations of such regulations. An Unit
Owner shall have the right to plant in their I.imit.e.d Common Areas and in accordance to the
established lantj~ing amwal flowers at their own expense. All such lanrlßCapCd areas shall be
maintained by the Management Committee irregardless of the choice to plant anm,a1s by an Unit
Owner. Alllarvtscaped backyard Limited Common Areas shall be maintairu>4 by the Management
Cnmmittee. Such fencing of a backyard Limited Common Area shall be supervised by the
Managf!l11P.ltt Committee and shall be constructed at the Owner's expense. Once a backyard
Limited Commnn Area is fenced, it will become a General Common Element and maintained by the
Associ~tiOQ. 1òe planting of all bi-annllal~ or pereoniaJs by a Unit Owner in hislher Limited
Common Area must be approved by the Management Committee and will become the common
property of the Mountain Heights ContiominiUIDS Associatiœ. An Unit Owner shall have the right
to establish. plant and maintain a small vegetable garden, 8' by 12' maximum, in hisIher Limited
Common Areas. At such time as the vegetable garden is no longer used and maintained, it is to be
replanted and restored to its original conditiœ by the Unit Owner. 1òe Management Committee
shall have the right to charge an Unit Owner for lancl U'.ape damaged by that Owner or his guests or
animal~ and for failure to replant and restore to its original conditiœ a vegetable garden so
established by that Owner if it is no longer used and/or mainrnined.
B. Obstructinf! Common Âreas. Unit Owners shall not obstruct General or Limited
Common Areas. Unit Owners shall not build any structure or dog kennel or place or store
anything within the General or Limited CnmtnQl'l Areas without the prior written consent of the
Management Cnmmittee or its designee. All storage itans shall be kept in a facility specifically
desigJU'ted or approved for such storage.
C. No Fireworks. 1òe discharge of firearms, firecrackers or fireworks is forbidden.
D. ~ Without prior written consent of the Management Committee, Unit Owners
shall not permit any sign of any kind to be displayed to the public view from hislher Unit or from
the appurtenant Common Areas. Said restrictions shall not apply to the Declarant during the
CODStructioo or sales period or to traffic signs, Unit designations, Project design~riODS or similar
signs displayed by the Management Committee or the Declarant.
E. Animals. Owners shall not permit animals of any kind to be raised, bred or kept in
their Unit, except the OCCUDVÍD2 Unit Owner only (not guests, invitees, lessees or tenants) may keep
up to 1 dog and 1 cat œ a perman~t basis with the written permissioo of the Management
Cnmm1ttee. Other small pets kept inside are permitted on a reasonable basis, and all occupancy of
pets are subject to the limitations set forth herein:
MOUNTAIN HEIGHI'SCONDOUINIlMS/COUEC'11!DœJI.·S Page 9 of 34
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1. All pets shall be kept clean and odor free. Any animal kennel shall be
constructed with a concrete floor and a plan and locatiOll map shall be submitted to the
Management Committee. and written permit to construct such kmnel shall be obtained
from the Management Committee. Any animal kennel placed within the General Common
Areas shall also require the written consent of all the Unit Owners.
2. Any animals permitted to be kept on the property at any time shall be
restrained and controlled at all times.
3. A cage or leash law will be strictly enforced in any of the General Common
Areas.
4. The occupants of a Unit and the Owner thereof shall be responsible for the
immeQiate removal and sanitary disposal of "litter" left by their pets or the pets of their
guests.
5. Any clawing. chewing. barking. aggressive behavior or any other situation that
causes property damage to any Unit or the Limited ComJnOll E1ementJs or the General
Common Elementls and the actions of a pet that becomes a n11isaoces to other Owners will
be grounds for that animal to be removed from the premises.
6. All pets of the occupying Unit Owner that will reside within that Owner's Unit
and that Unit's Limited Common Area will require the written permission of the
Management Committee.
7. All pets of guests of an Unit Owner must be properly restrained and controlled
and will be allowed onlv on a day by dav visit basis.
8. Any dogIs loose on the property at any time may be impounded by the
Management Committee, and. their release may be conditioned upon the payment of a fine
or penalty, no matter who owns the dogIs.
9. The Management CommittP.e may adopt additional rules and regulations for
animal control from time to time.
10. The public is hereby put OIl notice of this rule and of the potential effect if a
member of the public permits their dogIs to be OIl the property at any time. whether or not
they are aware of the whereabouts of the dog/s. STRICT DOG CONTROL WILL BE
ENFORCED AND IS ESSENTIAL TO TIlE QUAUlY OF TIlE PROJECT.
F. Limitations on Certain Âctivities. Owners shall not pennit any obnoxious or offensive
activity or nuisance to be carried on. in or around their Unit or in the Common Areas. No light
shall be t'n1ïW-.ð or reflected from any Unit which is unreasonably bright or causes unreasonable
glare for any adjaœm: Owner. No unrea..QQn3bly loud or annoying noises or noxious or offensive
odors shall be t'n11tted from any Unit or the Common Area. The Management Committee is
expressly authorized to regulate and limit the use of woodburniog stoves and fireplaces.
G. Architectural Control. Upon completiOll of the building, fences, driveways and
lanti$C8ping by the Declarant all future maintmanr.e of the exterior of the building/so driveways.
roads. fences and ~ndscaping will be the duty and responsibility of the Management Committee.
All altemtioos. construction or additions must have plans submitted to the Management Committee
for review and approval or disapproval at least 30 days prior to start of construction. In no case
shall commm~ of such alterations. CODStruction or additions be started without first having
written approval. Such approval or disapproval shall be given in writing by the Management
Committf"P.. The Management Committee shall be controlled by the following guidelines:
1. All maintmance. staining and repairs of the building's exterior wood siding and
trim. windows. fences. driveways and land~aping will be under the express responsibility
UOUNTAIN BElGHTS CONi)()MJNJlJUS I COUECTED CCJ.'S Page 10 of 34
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of the Mana~t Committee to insure that the exterior appearance of the Project be
equally maintained from Unit to Unit.
2. Any changes in the appearance of the exterior of the building whether changes
in color or design (but not limited to), any inclosures (including but not limited to any
closing in of a porch. balcony or declc), or additions to the exterior of the buildiqg structure
shall be by the following permits and approval: (a.) a permit from the Star View Estates
Association Building Committee, (b.) a building permit from Lincoln County and shall
comply with all county regulations, and (c.) shall be approved by a majority vote of the
members of the Mountain Heights Condomininm~ Assnciation All approvals must be in
writing and copies of such approvals must be given to the Management Committee.
3. Any changes to the fences of the Project must be first approved by the Star
View Estates Association Building Committee and then by the Management Committee,
and approvals must be in writing.
4. Any building CODStruction approved after the completion of the Project by the
Declarant which is attac.bed to the Building shall be of quality constmction equal to the
CODStn1ction of and in harmony with the design of the existing Building (such as but not
limited to poured concrete fonntiatioos, 2" X 6" exterior stud walls, mat('.hil'\g windows,
matchil'\g siding, "13tc.hing roof pitch and constmction and finish ) and shall be
aœompanied by a plan showing foundation plan, floor plan, constmction details, all
exterior elevations, materials to be used and colors to be used.
5. Upon written approval by the Management Committee a Unit Owner may
construct of a maximum 12' x 16' Bully Barn for the purpose of storing tires, lawn
eqnq,JI1f!I1t, garden equipment, childrœs' toys and other similar items. It must be located
according to the Plat Mapls and built and fini~ according to the plans provided in
Exhibit C of this Dec1axation of Covenants. The Man~fflIP.I1ts reserves the right to
supervise the CODStn1ction and to impose penalties if not completed in accordance to those
plans and in a timely mal1l1P-T for the purpose of removal or fini~hil'\g of the Bully Barn.
H. Compliance with IWles and ReflUlations. Unit Owners shall not violate any rules and
regulations for the use of the General and I.imited Commœ Areas adopted by the Management
Committee and furnished in writing to the Unit Owners. Fines and other penalties for violations
thereof may be imposed and enforced (by special assessmmt or otherwise) by the Management
Committee for violations of such rules and lPßJJI:ttions, and it is expressly understood that Unit
Owners may be held responsible for acts of their t.mants and invitees.
SECTION: 13. EASEMENTS FOR ENCROACHMENTS.
If any portion of the General Common F.1t"nV'm~ encroaches upon the Units, a valid ea.vment for
the eocr~r.hlJ1f".l)t and for the maintl'SJanœ of same, so long as it stands, shall and does exist.
SECI10N: 14. OWNERS VOTING RIGHTS.
The Owner of each Ovuiominium Unit shall be com:idered as one Lot Owner of the Star View
Estates Subdivision, a recorded subdivision in the County of Lincoln, State of Wyoming, Instmment No.
568074, Map No. 277. and will be subject first to the Star View Estates Association and the recorded
covenants, conditions and restrictions t.beceby recorded November 4, 1981 with the Lincoln County Clerk,
Receiving No. 568975. in Book 182 PR . Pages 222 thronph 228. along with 3IJ1f".IJliments thereto,
WOUNrAIN HEIGHTS CONDOWNllAoISI COUECI'ED CCJl'S
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with all voting rights, privileges and liabilities of membership in that Association of Home Owners.
SECfION: 15. THE MOUNTAIN HEIGHTS CONDOMINIUMS HOME OWNERS'
ASSOCIATION.
A. MembersmTJ. Eacl1 Unit Owner shall belong to the Mountain Heights Condominiums
Home Owners' Association by virtue of owning deeded rights to usage of a Condominium Unit in
the Project covered by this DeclaIation of Covenants. By the sale or other transfer of deeded rights
to usage of a Continminium Unit, the transferring Owner's mmiliership in the Association shall be
ipso facto transferred to the transferee of such Unit Owner.
B. Annual MeeUnfl. There shall be an annual meeting of the Mountain Height
Condominiums Homes Owners' Association to be held in eacl1 calf".l1lbr year, at the Project site or
at sucl1 other place, date or time as may be desigJ'u1ted by written notice of the Management
Committee to the Unit Owners not less that fifteen days prior to the actual date fixed for said
mt>P.t11\g. At the annuall11f"P.til\g. the Mana~ Committee shall present an audit for financial
review of the Common Expenses, iremi7.Î1\g reœipts and disbllfSð1'lel1ts fur the precffiil\g calendar
year, the allocation tbereofto eacl1 Unit Owner and the estimated CornrnOlt Expenses for the
coming calP.rVjar year.
c. Sf)ecial MeeUnfls. Special meetings of the Association may be held at any time, either
upon the call of Owners possessing a one-forth interest in the Units, or upon the call of a majority
of the Management Committee. Upon such call, or the receipt of such call, the Management
Committee shall send out written notices of the mt>P.t11\g to all Unit Owners, provided that such
notice is scot not less than fifteen days prior to the date fixed for said meeting, and shall specify the
date, time, place and purpose for said mf'P.tÌng.
D . Waiver of Nouce. 1òe presence of all Unit Owners, either in person or by proxy, at
any mt>P.t1ng, shall render the same a valid mt>P.t11\g. Any IJU,'P.tÌI\g so held, notwithstanding the fact
that DO notice of mt>P.t1ng was given, or that the notice given was improper, shall be valid for all
purposes; and at such mt>P.t11\g any genecal business may be tran~ded and any action may be
taken. Such business or action taken shall be recorded in writing along with the minuets of such
mt>P.t11\g.
E. Quorum. At any meeting of the Mountain Heights Condnrniniums Home Owners'
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 those present œ any matter shall be
valid and binding upon the Unit Owners, unless otherwise expressly provided by this Declaration
of Covenants. The Association may also act without a meeting by written consent of a majority of
the voting power of the Unit Owners entitl~ to vote. Wbœever in this Declaration of Covenants
the cœseot or approval of Unit Owners is required, such approval or consent shall be givœ
pursuant to this Section at a meeting of the Association or by a written notice, unless otherwise
spt"P-ifically provided herein.
F. VoUnt:. Any person or entity or combination thereot: owning any Unit in this Project
duly recorded in bisIher or its name, as determined by the records of the Management Committee
shall be ð1tit1~ either in person or by proxy, to cast one vote per Unit. Any provision to the
MOUNTAlNIŒIGHTSCONDOUINILaIS/COIW!CŒDCCi.·S Page 12 of 34
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contrary notwithstanding, co-owners or joint owners shall be ~ as one Owner. The authority
given by an Owner to another to represent such Owner at l11f>.t".ti"8-C: 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 thereot: and shall be filed with the Management Conunittee,
and unless limited by its teIIns, such authority shall be d~ 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 beJd by him/her 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 thereof may be exercised by any one of the Owners present in the absence of protest by the
other or others. The Association has the right to suspend the voting rights of a Unit Owner: (a.)
for any period during which any Assessment Lien against hisIher Unit remains unpaid more than
thirty (30) days after its due date, (b.) until the delinquent A~t Lien is paid in full or (c.) for
any other inftaction or violation of the Condnminium Documents. Such suspension and
reÏnst:JtP.l1V'flt of voting rights shall be delivered to the Unit Owner in writhing.
G. Adtournment. Any mt"P.t11lg 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.
H. Fiscal Year. The fiscal year of the Mountain Heights Condnmininms Home Owner's
As~atÙ\n shall end on December 31 of each year, or as otherwise determined by the
Management Committee.
SECTION: 16. MANAGEMENT COMMITTEE.
A. Creation and Purpose. 1òere is hereby created the ManagfflU"nt Conunittee,
consisting of three (3) members. Each member of the Management Committee should be an Owner
(or a duly authorized representative of an Owner which is an entity) of a Unit in this Project at all
times during hisIher tenure. The purposes of the MaJU\gfflU"nt Committee shall be to govern the
affairs of the Project on bebalf of the Mountain Heights Cnndnminiums Home Owners'
Association as its board of directors.
B. Term. The Management Cnmmittee members shall serve for a tenn of three years.
Each member of the Management Cnmmittee shall hold office until the next applicable annual
meeting of the Owners and until hisIher successor shall have been elected and qnalified, or until
death, resignation, or removal, if one of the latter events occurs sooner; provided however, that if
any member ceases to be an Unit Owner or a duly authorized reprP.ClP.l1t<ative of an Owner which is
an entity, then, hisIher membership on the Management Committee shall thereupon al,tOTruttically
terminate.
C. Cumulative Votin~. At any electioo. of Cnmmittee members, the vote attributable to
each Unit may not be ac·l".l1mnlat~ by the owner thereof.
D. Resirmation and Removal. At any regular meeting or special meeting duly called, any
one or more of the members of the Man~ Committee may be removed with or without cause
by a majority vote of the Unit Owners and a successor may then and there be elected to fill the
UOUNTAJNHElGKfSCONDOtoONIUYS/COUECI1iDCCJl'S Page 13 of 34
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000844
vacancy thus created. Any member whose removal has been proposed shall be given an
opportunity to be heard at the Jru>P.tÏ"8. Any member may resign at any time by giving written
notice to the Manager.
E. Vacancy. Any vacancy in the Management Committee occurring during a member's
term shall be filled for the balance of that member's term by appointment made by the
Management Committee.
F. ProceemnflS. 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
cba.irman 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 any Owner. Meetings
of the Mana~ Committee may be called" held and cnruiucted in accordance with such
regulatioos as the Management Committee may adopt. The Management Committee may also act
without a meeting by unanimous writtf:o. consent of its members.
G. RefUlar Meetings. Regular meetings of the ManagC211f'nt 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 Jru>P.tÏng.' of the Management Committee shall be given to each
member, personally, by' mail or by telephone at least five days prior to the day named for such
Jru>P.tÏng.
H. Soecial Meetinfls. Special mf'.P.ti"ßS of the Management Committee may be called by
its cba.irman on five day's notice to each member, given personally, by mail or by telephone, which
notice shall state the time, place and purpose of the meeting.
I. Waiver of Notice. Before or at any mt>.P.ti"8 of the Management Committee, any
member may in writing waive notice of such meeting and such waiver shall be deemed equivalent
to the giving of such notice. .Ãttf"ntbnr.e of a member at any meeting of the Management
Committee shall be a waiver of notice by himIher 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 traDsacted at such Jru>P.tÏ"ß.
J. Initial Control Period. Until a date which is three years from the date of recordation of
this corrcaed Declaration of Covenants, the Declarant shall have the option to appoint and remove
all members of the Managf'.l11l'nt Committ"'C, to appoint and remove all officers of the Mountain
Heights Cnndominiums Home Owners' Association, and to exercise the powers and responsibilities
otherwise assigned by the Declaration to the Mountain Height Condominiums Home Owners'
Association. Declarant shall have the option at any time, by an express written declaration, to turn
over to the control the Condominiums' Association the total responsibility for electing and
removing members of the Management Committee and the officers.
SECTION: 17. POWERS AND DUTIES OF MANAGEMENT COMMITTEE.
Subject to the rights of the Declarant the Management Committee shall have the powers and duties
nec~sary for the administIation, operation and maintenanr.e of the Project. Such powers and duties of the
YOUNfAINHEIGHl'S~/COUECTIIDCCR.·S Page 14 of 34
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0922774
000845
MaJUlgt".l'nf!l1t Committee sball indnde. but sball DOt be limited to. the following. all of which sball be dooe
for and on bd1a.lf of the Owners of the Units:
A. To adminiqe¡- and enforce the covenants, restrictions. ea~t, conditions, uses,
limitations, obligatiOl1s and all other provisions set forth in this Declaration of CoYeoants.
B. To enforce compliance with such rules and regulations (including without limitation
eoforcemœt provisions such as fiues) as may be ~~ry for the operation. occupancy and
peaceful and orderly use and enjoyment of the Units and the General Commoo Rlf".II1ents of this
Project.
c. To incur such costs and expenses as may be necessary to keep in good order, condition
and repair all of the General Common RI~ts and all items of cnJ11J11()11 personal property.
D. To insure and keep insured all of the CnnMminium Units and the insurable General
ComI11()1] Rlements of the property and any cnmmon fixtures and equipment against loss due to fire
or vandali!m1 in an amount equal to the full insurable rep)ac~t costs. Further. to obtain and
maint~in comprcbeosive public liability insurance covering the entire premises.
E. To prepare a budget for the Project, at ~ annnally, in order to determine the amount
of the general Assessment Lien payable by the Owners to meet the Common Expenses of the
Project, and allocate and assess such cnmmon charges among the Owners 00 a Unit by Unit basis,
and by majority vote of the Unit Owners to adjust, decrease or increase the amount of the quarterly
or monthly assesmncnts and remit or return or credit towards next years assessment any amount in
excess over the actual annual expenses for that year of the cu"enJ annual fimd assessmeotls to the
Unit Owners at the cod of each operating year and to ætaini"8 the working capital funds in reserve
and deferred for maintmanC".e or for replaCf'!l11P.l1t of the General Common Rlf".I11f'!I1ts. The budget
assessed in the general Assessment Lien is to be set in accordance with but not limited to the
following items:
I. Re-staininø of the sidinø and trim as a working capital jùnd set aside for
future maintman~;
2. Sidinø reoair as a working capital fimd set aside for future maintman~;
3. General utilities maintman~ as a working capital fimd set aside for future
maintenal1C".e;
4. Fence reoair and maintenanœ as a working capital fund set aside for future
maintenal1C".e;
5. General buiJdinø and ~ounds maintman~ as a working capital fimd set aside
for future maintmance or reinstallatinn of existing fitr.ilities such as the building
structure/s, utilities. fences, concrete drives or sidewalks and landscaping as voted upon by
the members of the Association;
6. General buiJdinø insurance as a working capital fimd. The Mana~eot
Committee, or Manager. sball obtain and maintain at all times insurance of the type and
kind stated in this Declaration of Covenants and sball allow an overhead allowance for the
financial security of the Project and to provide uninterrupted insurance coverage;
7. Anv additional bud2et costs as voted upon at the regular or special mee.ti"8~
oftbe association and specified specifically to be either a working capital fimd or a one
time special assessmenJ set aside for additi()IJaJ items ( such as but not limited to the
instaHation of additional concrete drives or sidewalks, unforseen cnnti"8encies, additional
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1anti~caping, the installation of additional garages and/or storage facilities, additional
utility, security systems or any other item of mutual benefit). The above stated requires a
majority approval of all Unit Owners;
8. Lawn care and gardening as a cu"ent annual fund of actual costs;
9. Snow removal from the parking pads and ingress and egress areas (snow
removal from the limited rnmtn()J1 front sides walks and back declcs to be the responsibility
of the individual Unit Owner) as a current annualfund of actual costs;
10. Gamage removal as a current annualfund of actual costs;
11. Anv additional bud2et costs as voted upon at the regular or special meetings
of the association and specified specifically to be either a current annual fund of actual
costs or a one time special assessment of actual costs set aside for additional items (such
as but not limited to legal expenses, office expenses, tax prepaIation or other overhead);
12. Star View Estates Association Dues assessed as a current annual fund or
one time special assessment cost of actual costs as the case may require for membership
in that Association and for the use of water.
F. To levy one or more special as~!m1(21t1s upan all Unit Owners in addition to the
general Assessment Lien. Such special assessmeotls are only to be levied whœ the facts at hand
requiring such special assessmeotls are brought to the Association for a vote and when the gœeral
Asses!m1t"J'tf Lien shall appear to the Management Committee to be insuffic.ient 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 connectiOll with this DeclaratiOll of
Covenants for which there are not sufficient funds available in the maintenanl'.e fund or whœ levied
by the Star View Estates AssociatiOll. Upon the afore mentioned vote the special assessmeotls will
become a Common Expense and part of the Assessment Lien. One or more special assessments
may be levied by the Mana~t Committee upon less than all Owners when permitted by this
Declaration of Covenants. Unless the Managt2DeOt Committee notifies otherwise the Unit Owner
or Owners against whom a special asses!m1f!nt bas been levied, the special assessment is payable in
full OIl the date specified in the notice of the levy.
G. To enforce collection of any delinquent Assessment Liens and all other fees and
charges owed to the Association in any mannt".r allowed by law, including, but not limited to:
1. Bringing an action at law against the Unit Owner personally obligated to pay
the delinquent amounts which came due at the time helsbe was the Owner thereof: which
actiOll may be brought without waiving the Assessment Lien securing any such delinquent
amount;
2. Bringing an actiOll to foreclose its Asscs!m1f!nt Lien against the Unit in the
manner provided by law for the foreclosure of a realty mortgage including by
advertisement and sale;
3. Suspending voting rights as provided herein;
4. Notifying the Star View Estates AssociatiOll of the delinquent Common
Expense for the portiOll which is for the Star View Estates .A~~ation annual dues. The
Star View F.states Association shall then have the option to discontinue water service and
membership privileges in the Star View Estates AssociatiOll to the delinquent Unit Owner
UDtil its Association fee is payed in full along with a water reconnect fee which fuels are
established annually at a regular ~ of the Star View Estates Association;
5. Filing a lien for the delinquent amount and any interest and any reasonable
attorney's fees or court costs with the County Clerk of Lincoln County.
UOUNTAJN HEIGIrfS CONOOUINUI.S I COUECI1ID œ.J.'S Page 16 of 34
U92Z774
000B47
H. To protect and defend on behalf of the Project any part or all of the project fÌ"om loss
and damage by suit or otherwise.
I. To borrow funds in order to pay for any building of additional garages, major building
repairs or for the reconstruction as set forth in Section 34. .'
J. To enter into contracts to carry out their duties and powers.
K. To establish a bank account or accounts for the cnrn~ treasury and for all separate
funds which are required or may be tW-.med advisable.
Units.
L. To make all repairs and do all maintmanre to the General Common EJert1P.nts and the
M. To keep and maintain full and accurate books and records showing all of the receipts,
expenses, disbursements, ~"8 min~lets, plans and permits, any other agreements and to permit
ocaminAtion thereof at any reasonable time by any Owner.
N. To prepare and deliver annuAlly to eacl1 Unit Owner a st~tf"'.l'l1l"nt showing receipts,
expenses and disbursements since the last such !åAt~.
O. To meet at least once each year.
P. To hire or designate the personnell1OCP.SS8ry for the mAintmAnce of the General and
I.imit.oo Cnmmon Elements and the personnel necessary for secretarial, management or other
operations ~sary for the good of all the Unit Owners.
Q. In geocraI. 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.
SECfION: 18. MANAGER.
A manager may be a person or a firm designatoo or contracted by the Association to manage, in
whole or in part, the afiàirs of the Association. The Management Committee may elect to perform the
functions of a manager in whole or in part, but in DO case shall the Management Committee receive any
compensation for such duties. Any Manager shall have the exercise of such powers as are granted to the
M~t Committee hereunder, but said Manager shall be directly responsible to and under the control
of the Management cnmmÏttee.
SECfION: 19. NO WAIVER.
The omission or failure of the Managemeot Committee, the Manager, or any Unit Owner to enforce
the covcoaots, conditions, restrictions, ea~, uses, limitations, obligations or other provision of this
Declaration of Covenants, or the boose rules and regulations adopted pursuant thereto, shall not constitute
or be ~ a waiver, modification or release thereof; and the Management Committee, the Manager, or
any Unit Owner shall have the right to enforce the same therc:after. The failure or delay of the Management
Committee, the Manager or the Association to prepare or adopt a budget for any fiscal year shall not
constitute a waiver or release in any manner of a Unit Owner's obligation to pay his allocable share of the
UOUNrAINHEI<JH1"S~/COIWìC'ŒDca'S Page 17 of 34
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0922'774
000848
O>mmon Expenses; and each Unit Owner shall cnntinne to pay the Common Expense Assessment against
hisIber Unit as established for the previous fiscal year until notice of the Common Expense Assessment for
the new fiscal year has been established by the Management Committee or the Manager.
SECI10N: 20. COMPENSATION.
.
.
No member of the Management Committee shall receive any compensation for acting as such.
SECTION: 21. ACCOUNTS.
The funds and expœditures of the Unit Owners shall be credited and charged to accounts under the
following classifications as shall be appropriate, all of which expœditures shall be common expenses:
A. Working capital fund reserved for deferred maintenance or repairs or repla(".t".mI'!I'It
required because of damage, wear, or obsoJescence and for additional structures and shall be voted
upon not less than annually and aHocated by a majority vote of the members.
B. Current annual expense, whicl1 shall inCl1lde all funds and expœditures within the year
for whicl1 the funds are budgeted, including a reasonable allowance for cnntingencies and working
funds, except expœditures chargeable to reserves for a working capital fund and shall be voted
upon not less than annlla11y and allocated by a majority vote of the members.
c. A one time special assessment which shall be limited to the actual costs as required
and shall be voted upon as need requires.
SECTION: 22. INDEMNIFICATION.
Contracts or other commitment!: made by the Mana~t Committee or the Manager shall be
made as agent for the Associ~tion, and Unit Owners shall have DO personal responsibility on any such
contract or CQrnmÏ1ment (except as Owners under Section 34 hereof). Every member of the Management
Committee shall be indemnified by the A!:!IIl\ÇÍation, against all reasonable costs, expenses and liabilities
(including fCIS01\ab1e legal fees) actually and necessarily incurred by or imposed upon him! her in
coooection with any claims, action, suit, pf(1N"Pñing, investigation or inquiry of whatever nature in which
he/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 cnntinlle8 to be a member of the Management Committee at the
time of incurring or imposition of such costs, cxpcoses or liabilities, except willful misconduct or gross
negligence or malf""'~nce toward the Owners in the perfonnanre of duties. The foregoing right of
indemnifir.ation shall be in addition to and not in limitation of all rights to whicl1 such persons may be
entitled as a matter of law and shall inure to the beœfit of the legal repfP.!:t"11btives of such person/s.
SECTION: 13. EXCULPATION.
No member of the Managrment Committee shall be liable for the acts or defaults of any other
member or for any loss S11!:tained by the Owners as a result thereot: unless the same has resulted from
hisIber own willfullJ1iSCI1Mnr.t:.
SECTION: 24. MECHANIC'S LIEN.
UOUNL\D HIiIGKJ'S CONiXJWINILIoIBI COUECŒD CCR.'S
Page 18 of 34
U922774
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No labor perfoIIDed or materials furnished for use in connection with any Condominium Unit with
the consent or at the request of the Owner thereof or his agent, contractor or subcontractor, shall create any
right to file a sþttt".l11t"flt of mechanic's lien against the Unit of any other Owner not expressly consenting to
or requesting the same or against any interest in the General Common Rlf'n\ents except as to the undivided
interest therein appurtenaDt to the Unit of the Owner for which such labor shall have been performed and
such materials shall have been furnished. Each Owner shall indtonmify and hold hamùess each of the other
Owners from and against liability or loss arising from the claim of any claim against the Condominium
Unit of the Owner, or any part thereof: for labor performed or for materials furnished in work on such
Owner's Unit. At the written request of any Owner, the Association shall CDÍorce such indPntnÎty by
collecting from the Owner of the Condcvninium Unit on which the labor was perfoIIDed and materials
furnished the amount necessary to discharge any such lien. and all costs incUbúal thereto, including
attorney's fees. Ifnot promptly paid, the Associatiœ may collect the same in the mann~r provided herein
for collection of 3SSeS!ò:tnl'!Itfs for the purpose of discharging the lien.
SECI'ION: 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 rea.~ble hours as may be necessary
for the mainterutl1('e, repair or replaCP.l11l".nt or for maJc11lg rmergeocy repairs therein necessary to prevent
damage to the General Commnn Elements or to another Unit. Damage to the interior or any part of a Unit
resulting from the maintenanr.e, repair, emecgency repair, or replacement of any of the General or Limited
Common FJf>n1CI1ts or as a result of emergency repairs within another Unit, at the insistence of the
Management Cnmmittee or the Manager, shall be a cnmmorJ expense of all the Unit Owners unless such
damage is the result of the misuse or negligence of a Unit Owner or such Owner's invitees, guests or
repr~atives, in which case such expense shall be charged to such Unit Owner.
SECI'ION: 26. MAINTENANCE RESPONSmILITIES.
The maintt".rutnr.e and repair of the exterior of the building and the General Common Elements will
be the responsibility of the Association, not the individual Unit Owners. An Owner shall ¡naintain, replace
and keep in good repair the interior ofhislber own Unit, jnclndillg the fixtures, window glass, doors,
appliances (i11cludillg but not limited to the fumaœ and the fumaœ ducts which are specifically installed
for that Unit, hot water beater, kitcben. stove or micro-wave oven) and interior paint and wall coverings.
All fixtures and equipment in!rt311ec:J within the Unit commmcmg at a point where the utilities (including but
not limited to power, gas, and telephone lines) enter the Unit shall be maintained and kept in repair by the
Owner thereof. The Unit Owner must repair items such as paint and sheetrock which are damaged by the
Unit's occupant!ò: or fire unless the repair cost is covered by the insurance of the Association. An Owner
shall do no act nor any work that will impair the structural soundness or integrity of the Unit or the Unit of
any other Owner. An Unit Owner shall also keep any Common Area appurtenant to hislher Unit in a clean
and sanitary coodi:tion. An Unit Owner shall be responsible for the cost of repairs for damage caused by
the ~igf'nce of the himseWberself or any occupant ofhislher Unit, to the extmt uninsured by the
Association (such as the deductible amount). Unit Owners are reauired to maintain their own Home
Owner's ContÞninium Unit Owner's Insurance and to require renter's to obtain their own Home Owner's
Renter's Insurance Policies as aooropriate to cover their own insurance needs and oavment of damaøes.
such as the deductible amount.. which is not insured bv the Association itself. Declarant shall not be liable
for the costs of maintP.rutnce, repair or rep1a("P.Jneßt of any Units or other improvements.
WOl.Nr.AJN HIiIGHl'S CONDOWINWWS, COUEC1'ED CCR."S
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000850
SECfION: 27. REVOCATION OR AMENDMENT TO DECLARATION.
This Declaratiœ of Coveoants shall not be revoked unJess all oftbe Unit Owners and all of the
holders of any recorded first mortgage or first deed of trust covering or affi:cting any or all of the Units
unanimoosly consent and agree to such revocation by instrument duly recorded. This Declaration of
Covenants shall not be aJI1P.IIderl uoJess all the Owners of the Units consent and agree to such ~
by ÌDstruD.1mt duly recorded and attested by the president and secretary of the Association, provided that
:unendrnrnt of this Declaratiœ of Covenants shall always require the consent of all holders of any recorded
first mortgages.
SECfION: 28. ADDITIONS. ALTERATIONS AND IMPROVEMENTS.
The Declarant retains full authority to further improve the Property and add to and utilize the
GeocraI Ownmon RIP.mP.IIt, until such time as the Project is tumed over to the Association by the Declarant
as set furth herein.
SECfION: 29. ASSESSMENTS.
The maIci"8 and coIlectiœ of Assessment Liens of any nature nom Unit Owners for their share of
Commnrt &pcoses (determined pursuant to this Article and other applicable provisions of this Declaratiœ
of Coveœnts) shall be carried out by the Management Committee in accordance with the following
proVJS1œS:
A. When Ässessments Commence. AssesmnP.nts for any Cnndnminium Unit shall
~ on the applialble date specified by the Declarant, but not later than the date of closing
of a sale of a completed Unit by Declarant.
B. Shares of Common Eroenses. Each Owner of a Unit shall be responsible for an equal
proportionate share of all approved worlciog capital funds, approved current annual funds and
approved ODe time special assessment funds. Such Common &pcoses shall be the responsibility
of all Owners and shall be shared by all Owners on an equal Unit-by-Unit basis. The amount of
the Cnmmon &pcoses assessed against each Unit shall be the personal and individual debt of the
Owner/s thereof. No Owner may exempt him!ilClf from liability for his contribution towards the
Cnmmon &pcoses by waiver of the use or enjoyment of any of the General Cnmmt\'1 ElemP.I1ts, by
attempting to do the maintenal1l"~ himse1f7berself or by aba~t ofhislher Unit. The
Ma~ Committee in its discretiœ may bill specific Unit Owners for specific services or
repairs for damage caused by the ~igeoce of that Unit Owner or invitees to the extent uninsured
as a special a"~~ against the applialble Owner/s and their Unit/so In the event of default in
the payment of the as~ctml'!nfs, the Unit Owner shall be obligated to pay interest on the amount of
the as~1m1P.I1t from the due date thereof: together with all expenses incurred. including attorney's
fees, together with such late charges and interest as are œcided upon by the majority vote at a
regular annual meeting. It is expressly UDderstood that the provision of certain services and water
usage as provided by membership in the Star View Estates Association and any assessments
required thereby are the individual Owners Unit-by-Unit responsibility.
c. Iòflhts to Collect From Tenant. If an Unit Owner shall, at any time, lease hislher Unit
and shall be in defau1t for a period of ODe mœth or more in the payment of assessments or other
MOUNTAIN HI!IGHl'S CONDCIUINII.BIS I CORaEC'ŒD CeJI.'S
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09227'74
000851
charges, the Management committee may, at its option, so long as such default shall contimle,
demand and receive from any tenant or subtenant of the Unit Owner the rent due or becoming due;
and the payment of such rent to the .Marut~t Committee shall discharge such tenant or
subtenant from the obligation for rent to the Unit Owner and the Unit Owner from hislher
oblig;¡tion 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.
SECTION: 30. INSURANCE.
The Management Committee, or Manager, shall obtain and maintain at all times insurance of the
type and kind stated in this Declaration of Covenants issued by responsible insurance companies authorized
to do business in Wyoming. The fire and eJCtPnded coverage insurance, including vand~lisrn and malicious
mischief: to be maintained as to the Units shall also cover all fixtures, interior walls and partitions,
decorated and finidJed surfaces of perimeter walls, floors, and ceili"8~, doors, windows and other elements
or materials comprising a part of the Units. The insurance shall be carried in blanket policy fonn naming
the Management Committee the insured, as attomey-in-fàct for all of the Unit Owners, and shall be a
Common Expense, which policy or policies shall contain a standard nœ-contributory mortgage clause in
favor of each first mortgagee, and a noncancellation clause (whether or not requested by the Owners of
Units) providing that such policy or policies may DOt be canceled except upon thirty (30) days' prior
written notice thereof to the .Mana~t 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 Unit 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 of liability
under such insurance shall DOt be less than Five Hundred Thousand Dollars($5oo,000.OO) 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 cnntemp1ated that the Mana~ Committee may, in its discretion, obtain insurance with
higher limits and insurance against risks (such and earthquake damage) which are not specifically referred
to herein.
SECTION: 31. RESTRICTIONS RELATING TO INSURANCE COVERAGE.
Without the prior written consent of the .Marut~ Committee, oothing shall be done, kept or
permitted to exist in any Unit or in the Common Area., which will resuh in an increase in the rate of
insurance therein. No Unit Owner shall permit anything to be done or kept in his! her Unit which will
resuh in the t".ancel1ation of insurance covering the Project or any part thereof: or which would be in
violation of any law.
SECTION: 32. FORECLOSURE OF LIEN.
The Association shall have the power to bid in the indebtedness owed to the Association at any
foreclosure sale and to purchase, acquire, hold, lease, mortgage and convey any and all Units purchased at
such sale.
SECTION: 33 MORTGAGES.
MOUNTAIN HEIGH'I'S CONDOIo4INIIJYS I COIUŒCl1ID CCM. 'S
Page 21 of 34
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0922774
000852
A. MOTtoa~~. The term "Mortgage" as used herein sball mean any recorded mortgage
having priority over other mortgages and sball include a recorded deed of trust. The term
"Mortgagee" sball mean the holder and owner of a mortgage and sball include a beneficiary under
a deed of trust, as well as any insurer or guarantor of the mortgage.
B. Notice. All Mortgagees are f".I1tit1ed. upon written request and after furnishi11g their
addresses in writing to the Association or the Manager, to receive written notice of any default
under this Declaration of Covenants or Assessment Lien which has become delinquent by the
Owner of the corresponding Unit.
c. Subordination of Assessment Lien. The lien of any assessment created under this
Declaration of Covenants which arises before the time at which a Mortgagee obtains title to the
mortgaged property sball be subordinate to the lien of the Mortgage held by the Mortgagee.
However, the sale or transfer of title to property by deed. assigJnnent or conveyance in lieu of
foreclosure or any other voluntary conveyance of title, sball not relieve, (a.) a party or its grantee
(other than a Mortgagee) or other successors and assigns (whether as a resuh of a foreclosure or
deed-in-lieu of foreclosure or otherwise by specifically excluding any Mortgagee itself) from
liability from any charges which become due and payable before such sale or transfer or, (b.) a
party or its grantee or other successors and assigns from liability from any charges which
thereafter become due and payable, as the case may be.
D. ADDlication of Assessments. No Mortgagee sball be liable for the payment of
as~smf'nts against the mortgaged property, except those accruing after such Mortgagee obtains
title to the property pursuant to its remedies under its Mortgage.
E. Notice bv Mort~o-ees. All persons and œtities holding a Mortgage affecting any
portion of the Mountain Heights Cnndominiums sball give writ:tœ notice to the Association of the
nature of their interests in the Condominiums along with contact information, the recording
information pertaining to all deeds of trust, mortgages indebtedness secured by any such deed of
trust, mortgage or security instrumeot. Any entity who has not givm the DOtice required by this
section sball not be ð1titlcd to the rights of a Mortgagee accorded by this Declaration of
CovaJaDts.
F. No Tmnairmmt of MoTto-ao-e Liens. No violation or breach of or failure to comply
with any provision of this Declaration of Covenants and no action to enforce any such provision
sball affect, defeat, render invalid or impair the lien of any Mortgage, deed of trust or other lim on
any Cnndnminium Unit or the General Common EIen1ents talœ:n in good faith and value and
perfected by recording in the office of the County Clerk of Lincoln County, State of Wyoming,
prior to such violation, breach or failure to comply with any provision of this Declaration of
CovaJaDts; nor sball such violation, breach, failure to comply, or action to enforce, effect or defeat,
render invalid or impair the title or interest of the holder of any such Mortgage, deed of trust, or
other lim or the title or interest acquired by any purchaser upon foreclosure of any such Mortgage,
deed of trust or other lien or resuh in any liability, persona1 or otherwise, of any such holder or
purchaser. Any such purchaser on foreclosure sball, however, take subject to this Declaration of
Covenants; provided, however, that violations or breaches of, or failures to comply with. any
provisions, of this Declaration of Covenants which occur prior to the vesting of fee simple title in
such purchaser sball not be Memed breaclJes or violations hereof or fuilures to comply herewith
with respect to such purchaser, his heirs, personal reprP.!i:l".l1fatives, successors or assigns.
UOONTAIN HElGKfS CONI:JOtoüNUIS I COUECl1!D cca.·s Page 22 of 34
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n9227~74
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G. Seœrate Mort~ø~. Each Unit Owner sball have the right to mortgage or otherwise
encumber his Conðnminium Unit~ however, no Owner sball attempt to or sball have the right to
mortgage or otherwise eocumber the General Common FJf'nV'flts or any part hereof except the
undivided interest therein appurtenant to hisIher CnruÞninium Unit. Any mortgage or other
encumbrance of any Cnndnminium Unit within the Project sball be subordinate to all of the
provisioos of this Declaration of Covenants, and in the event of foreclosure the provisioos of this
Declaration of Covenants sball be binding upon any Unit Owner whose title is derived through the
foreclosure by private power of sale, judicial foreclosure or otherwise.
H. Pavmœt Order In the Event of Sale or Foreclosure. The order of payment of sale or
funds derived therefrom sball be in the following order:
I. Payment of taxes and special assessmmt lims in mvor or any assessing entity,
and the customary expense of sale~
2. Payment of the balance of the lieo. of any first mortgage or trust deed, with
interest and/or any prepayment penalty~
3. Payment of unpaid Common Expenses, the As~sment Lien or special
assessments together with back Assessmmt Lien if any, with interest and reasonable
attorney fees~
4. Payment of junior liens and encumbrances in the order thereof and to the extent
of their priority~ and
5. Payment of the remainirtg balance, if any. to the Unit Owner.
SECTION: 34. RECONSTRUCTION.
This Declaration of Covenants does hereby make nunvlI,tory the irrevocable appointment of an
attorney-in-fuct to deal with the Property upon its destruction, for repair, reconstruction or obso1esceoce.
Title to any Unit is declared and expressly made subject to the terms and conditioos hereof. and acceptance
by any grantee of a deed or other inst.rumeot of conveyance from the Declarant or from any Owner or
grantor sball constitute appoilttn'tP.nt of the attorney-in-fuct herein provided. All of the Owners irrevocably
constitute and appoint the Management Committee their true and lawful attorney in their name. place. and
~ for the purposes of dealing with the property upon its destruction or obsolescence as is hereinafter
provúbl. As attorney-in-fact. the Managemeot CoInmittee sball have full and complete authorization, right
and power to make, execute and deliver any ~ deed or any other instrwneot with respect to the
interest of a Cnndomini'Jm Unit which is necessary and appropriate to exercise the powers herein granted.
Repair and reconstruction of improvements as used in the succ.t¥.clirtg paragraphs means restoring
improvements to substantially the same vertical and horizontal boundaries as before. The proceeds of any
insurance collected sball be available to the Managf'nV'flt Committee for the purpose of repair, restoration,
reconstruction or repla~!: unless the Owners and first mortgagees agree DOt to build in accordance
with the provisions set forth hereinafter.
A. In the event of damaøe or destruction due to fire or other disaster. the insurance
Droceeds. if sufficient to reconstruct ÎIDDrovements. sball be applied by the Management
Committee, as attorney-in-fact. to such reconstruction. and improvements sball be promptly
repaired and reconstructed. The Management Committee shall have full authority, right and
power. as att.omey-in-fact. to cause the repair and restoration of the improvements.
B. If the insurance proceeds are insufficient to reoair and reconstruct improvements. and
if sucl1 dama're is to one-third or fewer Condominium Units. sucl1 damage or destruction shall be
UOUNfAINHEIGKI'SCOHDOYINJUMS/COIUlEC'ŒDCCI:S Page 23 of 34
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092~774
OOOSS4
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 bolder for use by the Managen:KØ
Cnmmittee, 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 commnn expense. Such
assessment shall be payable within ninety (90) days after writtœ notice thereof to the Owners
assessed. The Managemem Committee shall have full authority. right and power, as attorney-in-
fact, to cause the repair or restoration of improvements using all of the insurance proceeds and
Unit Owners to pay an as~!mlem. The assessment provided for herein shall be a debt of each
Unit Owner and a lien on hisIher Condominium Unit and may be enforced and collected as is
provided in this Declaration of Covenants. In additioo thereto. the Management Committee. as
attorney-in-fact, shall have the absolute right and power to sell the Cnndnminium Unit of any
Owner refusing or failing to pay such deficiency assessment within the time provided, and if DOt so
paid, the Management Committee shall cause to be recorded a notice that the Condomi"ium Unit of
the delinquent Owner shall be r~uire 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 rea~able attorney's fees incurred in selling the Unit and
coJler.ting said asses~. The proceeds derived from the sale of such Condominium Unit shall be
used and disbursed by the MaJU\g~ Cnmmittee. as attorney-in-fact, in the following order:
1. Payment of taxes and special assessment liens in favor or any assessing entity.
and the customary expense of sale;
2. Payment of the balance of the lien of any first mortgage or trust deed, with
interest and/or prepayment penalty;
3. Payment of unpaid Cnmmnn Expenses. the Assessment Lien or special
asses!m1t'nfs together with back Assessment Lien if any, with interest and reasonable
attorney fees;
4. Payment of junior liens and mcumbrances in the order thereof and to the extent
of their priority; and
5. Payment of the remaini11g balance, ifany, to the unit owner. NOTE: Under
the conditions listed below in Section 34, Reconstruction, Paragraph C. the balance
remaini11g, if any. shall be paid to the unit owners based on the percentages set forth in
Exhibit B hereto.
C. If the insurance Droceeds are insufficient to reoair and reçonstruct the da.ma2ed
ÍInDrovemeots. and if such damaue is to more than one-third of the Condominium Units.
Reconstruction shall be as follows:
1. If the Owners reprP.V'!nt1ng an aggregate ownership interest of 51 percent, or
more, of the GmeraJ. Common EJð1V".I1ts do not voluntarily, within 100 days after such
damage. make provisions for reconstruction, which plan must have the unanimous
approval or consent of every bolder of a first mortgage tbco of record, the Mana~t
Committee shall forthwith record a ootice setting forth such fact or facts, and upon the
recording of such notice. the mtire Coodominium Project shall be sold by the Mana~t
Committee pursuant to the provisions of this paragraph, as attorney-in-fact for all of the
Owners, free and clear of the provisions cnntained in this Declaration of Covenants and the
UOUNrAINHI!IGH11ICONDOWIHUØ/(X)UJ;CŒD(X1'S Page 24 of 34
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000855
Plat Mapls. The ÏDIur.mce Cl'!ttll'!ml"nf proceeds sball be coUected by the Ma~ement
Cnmmittee, and such proceeds sball be divided by the Management Committee according
to each Owner's percentage interest in the Gmeral CnrntnQI'I Elements, and such divided
proceeds sball be paid into separate accounts, each account repr~"B one of the
Cnruþninium Unit desiptinn and the name of the Owner. The total funds of each
account sball be used and disbursed, without caotribution ftom one account to another, by
the Ma~g~ Committee, as attomey-in-iàct, for the same purposes and in the same
order as is provided in Paragraph B, 1. through 5., of this Sectiao 34.
2. If the Owners I'CpJ"P. U'ntÎ"B an aggregate ownership interest of 51 %, or more, of
the Units adopt a plan for reconstruction, which plan has the unanimous approval of all
holder of first mortgages then of record, then all of the Owners sball be bound by the tenDs
and other provisiaos of such plan. Any assessment made in CODDeCtion with such plan,
sball be a lieu, and may be coforced to the extent and in the manlU'!r set out in paragraph B
of this Section and sball be due and payable as provided by the terms of such plan, but not
sooner than 90 days after written DOtice thereof The Management Committee sball have
full authority, right and power, as attorney-in-iàct, to cause the repair or restoration of
improvements using all of the insurauce proceeds and any Unit Owner's payments for such
purpose notwithstanding the failure of any Owner to pay an assessment.
3. The Owners reprr-nring an aggregate ownership interest of aoe-tbird of the
Cl1ß111VVI elf'211el1t9 may agree that the buiMi"&liI should be razed and DeW ones built, and
adopt a plan for the reoewal and reconstnJctioo, which plan sball require the unanimous
approval of all holders of first mortgages of record at the time of the adoptiœ of such
pm If a plan for the reoewal or recœstruction is adopted, any assessment made in
CODDeCtion with such a plan sball be payable by all of the Owners as Common Expense;
provided, however, that an Unit Owner DOt a party to such plan for renewal or
recœstructiœ may give written notice to the Management Committee within 30 days after
the date of optiœ of such plan that such Unit sball be purchased by the Managemf!l1t
Committee for the &ir marlœt value thereof. The manag~ Committee sball then have
60 days thereafter within which to amœ1 such plan. If such plan is not canceled. the Unit
of the requesting Unit Owner sball be purchased according to the following procedures. If
such Unit Owner and the Ma~ CnmI11Îttee can agree œ the fàir marlœt value
thereot: then such sale sball be consummated within 60 days thereafter. If the parties are
unable to agree, the Unit Owner sball appoint his own appraiser and the Manag~
CQI11mittee appoint its own appraiser and the average of the two appraisals sball be the
purchase price; or the Unit Owner may take the matter to mediation or arbitration as set
forth herein, which ~ision sball be binding and final. In the event of arbitration, the Unit
Owner sball be liable for all reaCQllab1e attorney fees and/or arbitration fees. The expenses
and fees of such appraisers sball be bome equally by the Management Committee and the
Unit Owner. The sale sball be cnnsummated within 60 days thereafter and the
Managl"n1ð1t Committee, as attomey-in-1àct sball pay the purchase price therefore in cash
and sball disburse such purchase price for the same purposes in the same order as is
provided in Paragraph B, 1. through 5., of this Sectiœ 34. At the time ofpaymœt to such
Unit Owner, such Unit Owner sball deliver to the Ma~ Cnmmittee, or its nnmi~.
a good and svfficient warranty deed to the Unit, fully executed and in recordable form, free
and clear of aIllicus, charges and f!I1rnJrnbrances.
WOUNTAIN IŒIGIlI'II CONIJOWNlUUSJ CORi.ECIED co.'s
Page 25 of 34
·': i':·;';'· ··;j:,~':':
:::::~::r:r:::::~~:
:0:~ '{I, "K:!I':;i-;~l
: " . :,' ~'i. j~¡"J~~I"I~ ;
'::::" ;:::: :~~::~:i:~~
;:~·:~f~~
----------_.- ._._----_..._-----_._--~
___·_·····_··_·__H.
- -- - . - .......----......
.-..-----...----.--... _...~-....>-....~ '..= ._", . .."., -.......,.....,....
U922??4
000856"
SECTION: 35. GENERAL RESERVATIONS.
Dec.la.tant reserves the right until completion of the Project and until a written st~t~t to that
effect is recorded by Declarant. to establish ~ts, reservations, exceptions and exclusions and for the
best interests of the Project.
SECTION: 36. COVENANTS TO RUN WITH THE LAND.
Each of the covCDaDts of this Declaration of CovCDaDts shall run with the real Property, which is
the subject of this Declaratioo of CovCDaDts, and c:acb. and every CotvinminiUDl Unit and every interest
therein or pertaining thereto, and shall bind the Declarant, its successors, grantees and assigns, and all
parties claimi~ by, through, or under the Dec.la.tant. Each purchaser of any Unit shall, by acceptance of
the deed or other con.veyance of any such Unit, be conclusively dE'1P.med to have con.~ted to and agreed to
c:acb. and all of said covCDaDts for himselflberself and hisIber heirs, executors, administrators, successors
and assigns, and does, by said acceptance, covenant for himseWherseIf and hislher heirs, executors,
administrators, successors, and assigns, to observe, perform and be bound by c:acb. and all of said
covCDaDts.
SECTION: 37. ASSIGNMENT OF DECLARANT'S RIGHTS.
Declarant reserves the right to vest any entity with all or any of the rights, interests, privileges,
easements, powers and duties herein retained or reserved by Declarant, by a supplemf'.l1taJ declaratioo and
assipnmt which shall be effective when recorded in the Office of the County Clerk. Lincoln County,
Wycming, and Dec.la.tant shall thereupon be relieved and discharged ITOO1 every duty so vested in such
other entity.
SECTION: 38. ARBITRATION AND MEDIATION.
All disputes not involving claims for indemnity and arising under this Declaration of CovCDaDts
between an Owner or Owners and the Association or the Management Committee shall. upon the request of
either party, be resolved either by mMiatioo or arbitratioo. In the event any such Owner or Owners are
aggrieved and wish to pursue a Claim with respect to any provision hereunder or otherwise against the
Association such Unit Owner may only do so through the below listed actions. The foregoing is not
intf'.l1ded to be a limitation to all the rights to which such personIs may be ðltitled under the laws of the
State of Wyoming.
A. Any "Claim" which any party has against another party pertaining to the matters set
forth or referred to in the Declaratioo must be presented by the claimi~ party to the other within
one (1) year of the date the claimi~ party knew or should have known of the facts giving rise to
the Claim.
B. The Parties shall make every rea<:n1'Utble effort to meet in person and encourage the
amicable resolution of disputes, without the emotional and fin~n('.ial costs of litigation and confer
for the purpose of resolving the Claim by good firith negotiation. If requested in writing,
accompanied by a copy of the Notice, the Management Committee may appoint a representative to
assist the Parties in negotiation.
YOUI(fAJN HEIGHrS CONDOtomm.Ja.IS I COIlRI!Cl1ID CCJI."S
Page 26 of 34
......_...... ,...... ," '.'.'J.".~~.." L"...._.._~_· ,_.
'~'.'L·_""'''''''_·.''''''·' "~~":'._.''''''''''' ..,.
n92~??4
000857
C. If the Parties do not rœolve the Claim within thirty (30) days after the date of the
Notice (or within such other period of time as may be agræd upon by the Parties) (''Temúnation of
Negotiations"), Claimant shall have thirty (30) days to submit the Claim to mediation under the
auspices of the American Arbitration Association (" AAA") in accordance with the AAA· s Rules,
as appropriate. This is not intended to preclude the parties from agreeing. in writing, to S1tbmit
their dispute to another alternative dispute rœolution OJVni:rnrion or individual for mediation.
D. If Claimant does not submit the Claim to mediarion within such time, or does not
appear for the metiiarion. Claimant shall be rlf.P.med to have waived the Claim; and, as a resuh ot:
Respondent shall be released and discharged from any and all liability to Claimant on account of
such Claim; provided, nothing herein shall release or discharge Respondent from any liability to
any Person other than the Claimant.
E. Any IU".ftlement of the Claim through mediation shall be docnmnlted in writing by the
mediator and signed by the Parties. If the Parties do not settle the Claim within thirty (30) days
after submission of the matter to the mPLIiarion, or within such other time as determined by the
mediator or agræd to by the Parties, the mediatnr shall, issue a notice of termination of the
mediation proc~i"8s (''Termination of Mediation "). The Termination of Mediation notice shall
set forth that the Parties are at an impasse and the date that mediation was terminatf".().
F. Each Party shall bear its own costs of the mediation. including attorney's fees, and
each Party shall share equally all charges rendered by the mediator. If the Parties agree to a
rœolution of any Claim through oegotiatiœ or ~iation in accordance with this Section 38 and
any Party thereafter fails to abide by the terms of such agre.emerú, then any other Party may file
suit or initiate arbitration pr()CPP.lii"8!i1 to enforce such agreement without the need to again comply
with the procedures set forth hecein. In such event the Party taking action to enforce the agreanent
shall be entitled to recover from the non-complying Party (or if more than ODe, from all such
Parties pro rata) all costs incurred in enforcing such agr~t> including without limitation.
attorney·s fees and court costs.
G. Upon Termination of Mediation. Claimant shall thereafter be entitled to initiate final,
binding arbitration of the Claim under the auspices of the AAA. The arbitration shall be ~ncted
in accordance with the Commercial rules of the ~ as appropriate. Such claims shall not be
decided by or in a court of Jaw. Any judß1'1ent upon the award rendered by the arbitrator may be
entered in and enforced by any court having jurisdiction over such Claim. If the claimed amount
exceeds $500.000.00. the dispute shall be beard and determined by three arbitrators. Otherwise,
unless mntnal1y agreed to by the Parties. there shall be one arbitrator. Arbitrator/s selected shall
be qnalifietj in the subject matter of the arbitration service and such rules shall specifically include
rules of practice, procedure and evidence.
H. Each Party shall bear its own costs and expenses and an equal share of the arbitrator's
and administrative fees of arbitration. Notwithstanding the foregoing, if a Party unsuccessfully
contests the validity or scope of arbitration in a court of Jaw, the oon-contesting party shall be
awarded reasonable attorney·s fees and expenses incurred in deff"flliing such contest. All decisions
respectiog the arbitrability of any Claim shall be decided by the arbitrator/so
I. The decision of the arbitrator/s shall be conclusive and binding upon the parties and
shall be enforceable through procedures adopted under the Jaws of the State of Wyoming for the
WOUNTAINH£lGHTSCOHDOWINUtS/COUECTEDCCn Page 27 of 34
::.jf.~i! ~~:::::
It400 ,.-':1."
r!¡~I~mmi!
,......................
,..,....,....,.,..,........,.0..'...,_ -,'........."...., .
;.. '.-. ....-.........
U~~2774
000B58
œforccmeot of arbitration awards. The award of the arbitratorls shall be acccmw~n1ed by detailed
written find1ng~ offàct and cooclusians of law. Except as may be required by law or for
confirmatioo of an award, neither a party DOr an arbitrator may disclose the existence, content, or
results of any arbitration hereunder without the prior written CODSeDt ofboth parties.
IN WITNESS WHEREOF, this Declaration has beœ executed by the Declarant effective as of the date of
recordatiœ hereof.
DECLARANT: BRUCE M. DAVIS AND BEITY B. DAVIS
&::';1;~
Bruce M. Davis
t5/!/ý. t!5. f)~
Betty B. Davis
STATE OF WYOMING
:SS
COUNIY OF LINCOLN
~ The for~~ instrumaú: was aclmowledged by -8 t Ú. ~ e'-fY/ fJo. u ( .~ and
~-I-~ 1S (..J(JUt'5, onthis Ie¡ day of ,,5,../JH/lYtfH,;- 2006.
WITNESS my hand and official seal.
CWIIM tJ'WnlCN
Nafary NIle
~ c...,
""10
Mv CamI,....." ~ .:s ")-s- :1010
&auCÚOl' adu.1~
Notary Public
(Seal) ~CJI Ò
.. . c-- - .., ~<- ;. .<\ ../I ø_ C>+
My cnmnl1~SIOD expires -.:::. çz: ~ ~ C7 0' ~
UOUNTADi IŒIGIITS CONIJOUINI\AIS I COIW!CI'ED CCI.·S
Page 28 of 34
n9227~':4
000859
EXlDBIT A
LEGAL DESCRIPTION
.
A Tract of Land located within the SW 1/4 of the NE 1/4 ofSectiœ 21,Township 32 North, Range 119
West, 6111 P.M., I.inr.oln County, Wyoming, being úbúical with Lot 33 of the Star View Estates
Subdivision, according to that plat recorded in the Office of the Lincoln County Clerk on November 4,
1981, Instrummt No. 568074. Map No. 277~ which Development Land as been divided into four (4)
Cnndnminium Units.
SUBJECT TO: All ea~5 of site or of record and more particularly described on the Plat Map's
::iItt1fched hereto and all ea~s of site or record recorded œ the Stat View &tates Subdivision Plat.
SUBJECT TO: All Coveuants, Cnnditioos and Restrictioos set forth herem for the Mountain Heights
Condominium Project and its Assnciation and of record set forth for the Star View Estates Subdivisiœ and
its A~~i¢Íoo.
MOUNTAIN HEIGHfS CONIX)WINJUUS/CO&RECI1!D CCIl'S
Page 29 of 34
~~~;i:!::::::::~:::::~
>i~lili~
U9~27í"j4
000860
EXlDBIT B
PERCENTAGE OF OWNERSHIP
IN 1HE
GENERAL COMMON ELEMENTS
4 UNITS, AT 114m (25%) VOTE FOR EACH UNIT
tdOIJNfAIN HIOOHTII CONDOMINIUMS I COItüCI1!D CCIl'S
Page 30 of 34
·~__·.~_.·,~.H.,....,.~.,. .......,_.'."...___. ......,....
"'..............-...........
......._~......".....,-"'..........-"..~.-..'.
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09Z27?4
OOOB6,.
EXIllBIT C
APPROVED BUlLY BARN PLAN
11ús approved Bully Bam Plan may be altered or wholly AJnP.nded by 3D unanimous vote Qf the
members at aD amaual ~ or a special ~ of1he Mnunbm Heights Cnntinminium AssOCiation,
and sucl1 a~t will be in effect and binding upœ recordatiœ of 3D ~ EXlDBIT D in the
Office of the Lincoln County CJerk. Any Bully Barn sball be as located œ the Plat Mapls. The location
may be changed with a UIlArnmn...s vote oflbe nr..rnbers at an aooual ~ng and an ~ Plat Map/s
be fiJed in the Office of the I.incoIn County Clerk.
BULLY BARN PLAN
Jtr OSB !'I . J..
... x rñilF--
.. x~-pIIt
4'" J[ r-......
YBONT n..:EVATION
.
Ill"' œ:B »- ~
.eø6I DOOR
hiJI!Cd .. CI8e IIÏde
or
hiDaed l1li boIh sides
128 O'IU....
REARELEVATlON
4I8D ~"mAt.
(~4820""
. ..~~.:=-.....-..............-.:~--:..&:.-':~~~-=..::-~..... .....-<,-...- .........,¿.~~-
..- .-......Ii~ CGIII;Iåc'"
wiIh 2avws -w-.s
. .. ........... edge em
... ..~,- tðIII zr-daI fill
~
12"..0-
1
SCALE: 114- = 1'-0"
WOUNTAIN HEIGHTS~/COItUCl1iDCCR"S
Page 31 of 34
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0922774
/
000862
(EXHIBIT C Cnntinned)
BULLY BARN PLAN
"SIDE
-------- ---------
------ --------
~....
¡.c
Z
o
~.
FLOOILPI..AN
U'-ð" a: 16"~
·
·
·
,
·
· ø=
I · .
, 9 c;Þ ~
N
~ -
'W- - ~ ....,..,.. 1"1..
4"' ....... _ r."_
4- ~( -l......œ
....1_ I........
--.-ip""'" ~r
·
c¡a
·
L __
.. _.. - ... .
. - .. . . .. - .. -..
.. - .. -.. .. - .. - - - - - --...
-1£.-0-
I
SIDE ELEVATION
.......... ....
c-*a L-"~\..
,.......18.... ~ CIIl
ur 0S8 ~illl wiI.b
r x" ... (j 16- D.C.
.
I·x~ Ilia ID-œ
CIIIIIIiÞ ......
..........10 IDIIr:I1
...~
rxc-016-o.c. .u
~wiIb .
""xrT-I-U SÌIÜ8&
Baba11D~ slab ach4'
... 12"".....
.~ - ....
. ----- - - - -*--.. - - ---- ----- ------- - ----
MOUNTAIN HI!IOHI"S CI:INDOMINIIMS I CXIUU1CI1ID CCJl·s
Page 32 of 34
SCAI..E: 1/4-" 1"-0-
,,'
·_,_..-...._..-,......"~.,.,,
................
09~Z'i'í'14
00086~l
EXlßBIT D
SAMPLE BUDGET FORM
This form is to be aoly a sample budget and reflects the miniml,m items to be included apd
allocated for and the method of accnmn1arion of the separate allocated funds into separate accounts for the
purpose for which they are inter1ded in the budget assessmmts and does DOt reflect the actual amount of
each item, which amnnnt~ sball be approved and/or adjusted at least annna11y or as needed by a majority
vote of the Associatiœ members at any annual nv>P.ti"B or special1'nH!ti"B of the Mountain Heights
Cnnrlnminium Home Owner's Association and such adjustments sball be kept on file with the Management
Committee budget records and sball be binding upon a majority vote therœfter.
SEE AITACHED SHEET:
MOUNrAIN HEIGH1'S CXJNDOMIHIUMS I CO&&IiCTED CCJl'S
Page 33 of 34
1;:t~1¡!i1tjffi:l*¡
t':!¿!I:ilit1~t1
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.------"---.---
4 ___.._____..___.
U922774:
. --- --' .--~--- -- --.-. ---- ------ -.~- ._~----._------ --.-----. .-- --------- -------. ---
-------------
n_ -_nOOOB64 _
(EXHIBIT D Cnntinued)
........ Fonn (8AIIPI.E)
MOUNTAIN HEIGHTS CONDOMINlMUN ASSOCIATION
MONTHLY .&RRJ;~ _~__1DIIIUAMI_""'" -.-.
P.O. BOX 148
AFTC*, WYOMING 83110
I
--.r'QiM ....
IMTEau:D
IMTEÐUE mmI10 'w
1DßtL'tDŒ: 135.75
....DUE: 10.00
1fIIIIEIn'DUE: $0.00
~--I
~~s~~~
~___f1lJ lIr~
~&~
-.......
~......
... \/IIw e.-...-.
~....c....
1210.00
1210.00
$180.00
1338.00
$100.00
AIIOIM'
I __IBEIIVE I
$10.00
$5.00
$2.50
$2.50
$25.00
$4.17
I.....v-.-: I
$17.50
$17.50
$15.00
$28..25
$8.33
$120.00
_.00
$30.00
$30.00
$300.00
$50.00
$210.00
$210.00
$1ao.oo
$338.00
$100.00
02.V1... E*IIDr ~
.... ........
~........-
....... I
.....--
~....c.-
$120.00
_.00
$30.00
$30.00
....00
$50.00
TOTAL BUDGET
-.. I~::I
$135.75 $1.483..25
$0.00 $1,483..25
$0.00 $1,483..25
$0.00 $1,483..25
$0.00 .$1,483..25
$0.00 $1,483.25
$0.00 $1,483..25
$0.00 "",483..25
$0.00 $1,483..25
$0.00 $1,483.25
$0.00 $1,483.25
$0.00 $1,483.25
1135.75
IMœ
M~ _MID
P8vmR.1 ... p.....
~.2
Payment. 3
~..
Payment. 5
Payment.8
Pa,menI.7
Payment. 8
P8,ment.8
~.10
~.11
Payment .12
TOTAL PAYIEImI
PLeME PAY 8Y1IE 1BI1II OF I!!íM:It -.nt ttII'I1I OF tIE 1VTM.1IDiIET
...... an. 1'-. Cali $0.00
....... & ...... $0.00
n
UCUfLUN HIIIœID (X IIInnUDIII"" a:1UJICJ1iD (X1"1
Page 34 of 34