HomeMy WebLinkAbout923138
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AMENDED AND RESTATED
.
.
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
for
Alpine Meadows
RECEIVED 10/6/2006 at 2:10 PM
RECEIVING '1# 923138
BOOK: 636 PAGE: 132
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER. WY
Upon recording, please return to:
Katherine Ellsworth, P.C.
P.O. BOI4874
140 South Cache
Jackson, WY 83001
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Table of Contents
INTRODUCTIONS TO THE COMMUNITY .........................................................................................................., 1
ARTICLE I - CREATION OF THE COMMUNITY.............................................................................................. 1
1.1 PURPOSE AND INTENT........................ ................................ ........................... ................. ........................... 1
1.2 BINDING EFFECf.............. ........ ...................................................................... ...........................':............... 1
1.3 GOVERNING DOCUMENTS... ....... ...... .......... ..... ................................. ............ ............................................ 2
ARTICLE ß - ÇONCEPTS AND DEFINITIONS ..-............................................................................................. 2
2.1 ARCHlTECI1JRAL REvIEW COMMITrEE .......................... ....................... .................... ........... .................. 2
2.2 ALPINE MEADOWS PROPERTY OWNERS AsSOCIATION OR PROPERTY OWNERS AsSOCIATION OR
AsSOCIATION................................ ............................. ............................. ................................................................. 2
2.3 BASE AsSESSMENT .............. ........ ................................................................... ........................................... 2
2.4 BOARD OF DIR.ECfORS. ....................................... ........................ ................................................. ,....... ..... 3
2.5 BUILDING ENVELOPE............................................................ .............. ...................................................... 3
2.6 BUSINESS PARK PROPERTY ............................... ...................................... ............ ..................................... 3
2.7 BUSINESS PARK USE ................................................................................................................................. 3
2.8 COMMON AREA............................................. ............................................................................................ 3
2.9 COMMON EXPENSES...... .................................... ....... ............. ................................................... ................ 3
2.1 0 COMMUNITY-WIDE STANDARD. ................. .................................................................... ................ .......... 3
2.11 COVENANT TO SHARE COSTS ................................................................................................................... 3
2.12 DECLARATION................................................................. .......................................................................... 4
2.13 DESIGN GUIDELINES. .... ......................................... ................................................................................... 4
2.14 FOUNDER................................... ....... ......................................................................................................... 4
2.15 GoVERNING DOCUMENTS ............... ......................................................................................................... 4
2.16 LOT...................................................................................................... ...................................................... 4
2.17 MASTER RULES AND REGULATIONS ........................................................................................................ 4
2.18 MEMBER......................... .................. ........................ ................................................................................. 4
2.19 MIXED USE PROPERTY OR PROPERTIES ..................................................................................................4
2.20 MIXED USE PROPERTY USE......................................................................................................................4
2.21 MORTGAGE.......................... ............................................... ...................................................................... 4
2.22 NEIGHBORHOOD '" ................................................................................................... ................................. 4
2.23 NEIGHBORHOOD AsSESSMENTS ....... ............................ ...... ......... ............................................................. 5
2.24 NEIGHBORHOOD COMMITTEE.............. ....................... ............................. ................................ ................ 5
2.25 NEIGHBORHOOD EXPENSES................ .......... ................ ....... .... ................................................................. 5
2.26 OCCUPANT .................. ......... ...... ....... .............................. ....................... .................................. ........ ......... 5
2.27 OWNER ...................... .............................. .................................... .............................. ......... ................ ....... 5
2.28 PATHWAYS .................................. .................... .......... .... ............................ ........ ............................ ...... ...... 5
2.29 PERSON ...................................... .................................................. ........ ...... ...................................... .......... 5
2.31 PERSON............................. ............... ...... ........................... ............................................................... .......... 5
2.30 PLAT ................ .............. .................... ............. .... ............ .............. ....... ...................................................... 5
2.31 PROPERTY OR PROPERTIES .................. ....................... .......... ... ........ ........................................................ 5
2.32 PUBLIC REcORDs.............. .............. .............. ....................................... ................................................. .... 5
2.33 RESIDENTIAL OWNER.. ................................................................................................................... .......... 5
2.34 RESIDENTIAL PROPERTY OR RESIDENTIAL PROPERTIES........................................................................ 6
2.35 RESIDENTIAL USE. .... ........................................... ......... ... ................ ................................................ ......... 6
2.36 ROAD LOTS........................................................................................ ....................................................... 6
2.37 ROADWAY SySTEM......... .............................. .................... ........... ............................................................. 6
2.38 SINGLE-FAMD..Y RESIDENTIAL PROPERTY OR PROPERTIES................................................................... 6
2.39 SPECIAL AsSESSMENT ..... ................... ................ .... ............... ................................................................... 6
2.40 SPECIFIC AsSESSMENT .............. ....................................................................................... ........................ 6
2.41 SUPPLEMENTAL DECLARATION ........ .................. ......... ............. ......... ........... .................................... ....... 6
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PART TWO: CREATION AND MAINTENANCE OF COMMUNITY STANDARDS........_......................... 7
AR TI CLE m - LAND CLASSIFI CA TI 0 NS ............................................._......................................................... 7
Alpine Meadows
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3.1 SINGLE-FAMILY RESIDENTIAL................ ................ .......................................................... ............ ........... 7
3.2 MIXED USE ........ ................. ... ................................ ......... ........... ..... .............. .................... ..................... ... 7
3.3 BUSINESS PARK............................ ...................................... .......... ............................................................. 9
3.4 CONDITIONAL USE. .......................................................................................... ....................................... II
3.5 VARIANCE OF PERMITIED USE .............................................................................................................. II
ARTICLE IV - USE AND CONDUCT .....................................................................................................:............. 11
4.1 FRAMEwORK FOR REGULATION ............................................................................................................ II
4.2 RULE MAKING AUTHORITY ................................................................................................................... II
4.3 OWNERS' ACKNOWLEDGEMENT AND NOTICE TO PURCHASERS .......................................................... 12
4.4 No MINING, EXCAVATING OR DRILLING............................................................................................... 12
4.5 PROTECI'ION OF OWNERS AND OTHERS ................................................................................................ 12
4.6 DOMESTIC ANIMALs........................................................................ ....................................................... 13
4.7 Wn..DLIFE ....... ...... .......... .............. .............. ....................... ......... ..... .............. ............. ............................. 15
4.8 FENCING AND GATES ..................................... ......................................................... ................................ 15
4.9 TREES..... ............................................... ................................. .................. ..................... .................. ........ 15
4.10 VEWCLE PARKING, STORAGE, OPERATION AND REpAIR..................................................................... 15
4.11 HUNTING; FIREWORKS....................................... ................ ................................. ......................... .... ...... 16
4.12 NUISANCE....... ........................................................................ ...................... ....................................... .... 16
4.13 GARBAGE................... ........................................................... ..... ............... ...................................... ........ 16
4.14 PRoHIBmoN AGAINST WATER WELLS AND SEPTIC SYSTEMS ............................................................ 17
ARTICLE V - ARCmTECTURE AND LANDSCAPING.............................................................................._..17
5.1 GENERAL.. ............ ....................... ............ ..................... .... ............................... ......................... ............... 17
5.2 ARCWTECTURAL REvIEw......................... ..................... ...... ........ ..... ......................... ............................ 17
5.3 GUIDELINES AND PROCEDURES................................ ............. ........................... ...................................... 18
5.4 STANDARD OF CONSTRUCI'ION ..............................................................................................................20
5.5 ENFORCEMENT ................. .......... ......... ....................... ........... ............ .......................... ................... ........ 20
5.6 DEVELOPMENT AND USE RESTRICI'IONS ............................................................................................... 21
5.7 CONSTRUCI10N.. ............................ ...... ...... ...... ................. .......... ..... ............................................... ........ 21
5.8 HEIGHT, SIZE AND FLOOR AREA LIMITATIONS .................................................................................... 22
5.9 Um..ITIES ... ..................... ......... ..................... .... .... ................ ......... ........ .......................... ....................... 22
5.10 TEMPORARY STRUCTURES PROHIBITED................... ..... .......... .... ....... ....................... ................... ......... 22
5.11 SATELLITE DISHES.............. ................. ........ ...... ...... .................. ...... ..................................... ......... ......... 22
5.12 BERMS ............... ............ ............. ...... ...... ........................... ...... ................................................................ 22
5.13 IMPROVEMENT OF WETI..ANDS-WILDLlFE IlABITAT............................................................................. 22
ARTICLE VI - MAINTENANCE AND REPAIR ........................................_..................................................... 22
6.1 MAINTENANCE OF PROPERTIES......... ....................... ....... ....... ........... ........................ ......... ................... 22
6.2 MAINTENANCE OF VACANT PROPERTIES .............................................................................................. 23
PART THREE: COMMUNITY GOVERNANCE AND ADMINISTRATION ._............................................ 24
ARTICLE VII - THE ASSOCIATION AND ITS MEMBERS ........................................................................... 24
7.1 FuNCI'ION OF AsSOCIATION.................... ............................ ....... ...... ...................................................... 24
7.2 MEMBERSHIP............... ......... ................. .................. ...... ..... ......... ...... ...... ............................................... 24
7 .3 VOTING...... .................. ................ ...................... ...................... ...... ........ ........................................... ....... 24
7.4 NEIGHBORHOODS................................................... ................................................................................. 25
ARTICLE VITI - ASSOCIATION POWERS AND RESPONSmILITIES_..................................................... 25
8.1 ACCEPTANCE AND CONTROL OF AsSOCIATION PROPERTY.................................................................. 25
8.2 MAINTENANCE OF COMMON AREA........................................................................................................25
8.3 INSURANCE. ................................................. .............. ............ ........... ........... ............................................ 26
8.4 COMPLIANCE AND ENFORCEMENT ...............................................................................:........................ 29
8.5 IMPLIED RIGHTS; BOARD AUTHORITY .................................................................................................. 31
8.6 INDEMNIFICATION OF OFFICERS, DIRECTORS AND OTHERS ................................................................ 31
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8.7 ENHANCEMENT OF SAFETY .................................................................................................................... 31
8.8 POWERS OF THE AsSOCIATION RELATING TO NEIGHBORHOODS......................................................... 32
8.9 PROVISION OF SERVICES ........................................................................................................................32
8.1 0 CONSOLIDATION OF SERViCES................... .... .......................... ...... ....................... ..... ............................ 32
ARTICLE IX - ASSOCIA TI 0 N FIN AN CES........................................................................................................ 32
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9.1 BUDGETING AND ALLOCATING COMMON EXPENSES............................................................................ 32
9.2 BUDGETING AND ALLOCATING NEIGHBORHOOD EXPENSES ................................................................ 33
9.3 BUDGETING FOR RESERVES ................................................................................................................... 34
9.4 SPECIAL AsSESSMENTS. ...................... .............. ............ ................. ....................... ....... ........................... 34
9.5 SPECIFIC AsSESSMENTS................ ................................. ........ ..... ............................................................ 35
9.6 LIMITATION OF INCREASES OF AsSESSMENTS....................................................................................... 35
9.7 AUTHORITY TO AsSESS OWNERS; DATE OF COMMENCEMENT OF AsSESSMENTS; TIME OF PAYMENT .
................................................................................................................................................................. 36
9.8 PERSONAL OBLIGATION......................... ..................... ................ .................... ....... ................................ 36
9.9 LIEN FOR AsSESSMENTS........................................... ........ ............. ......... .............. .................................. 38
9.10 EXEMPT PROPERTY ..................................... ........... .................. ........... .............................. ................. .... 38
PART FOUR: COMM1JNITY DEVELO PMENT ............................................................................................... 39
ARTICLE X - EXPANSION OF THE COMMUNITY _..........................._......._........................................... 39
10.1 EXPANSION BY THE FOUNDER ................................................................................................................ 39
10.2 ADDITIONAL COVENANTS AND EASEMENTS .......................................................................................... 39
10.3 EFFECf OF Fn..ING SUPPLEMENTAL DECLARATIONS ............................................................................ 39
10.4 BUDGET CONSIDERATIONS....... ......... ................... ............... .................. .......................... ......... .............. 39
ARTICLE XI - ADDITIONAL RIGHTS RESERVED TO FOUNDER ............................................................ 40
11.1 WITHDRAWAL OF PROPERTY ................................................................................................................. 40
11.2 MARKETING AND SALES ACIlVITIES ..................................................................................................... 40
11.3 RIGHT TO DEVELOP ................................................................................................................................ 40
11.4 RIGHT TO APPROVE ADDmONAL COVENANTS .................................................................................... 40
11.5 RIGHT TO APPROVE CHANGES IN COMMUNITY STANDARDS ............................................................... 40
11.6 RIGHT TO TRANSFER OR AsSIGN FOUNDER RIGHTS............................................................................. 41
11.7 EXCLUSIVE RIGHTS TO USE NAME OF DEVELOPMENT .........................................................................41
11.8 SPECIAL DISTRlCfS .................................................... ....... ... ................... .... .............................. .....:....... 41
11.9 RIGHT TO RECLASSIFY PROPERTY ........................................................................................................ 41
11.10 RIGHT TO AMEND PLAT ......................................................................................................................... 41
11.11 RIGHT TO DEDICATE LAND TO LINCOLN COUNTY SCHOOL DISTRlCf ................................................ 42
11.12 RIGHT TO APPOINT MEMBERS OF BOARD, NEIGHBORHOOD COMMlITEES AND ARCHlTECfURAL
REVIEW COMMITIEE ..................................................................... ..................... ..................... ........ ..... ................ 42
11.13 TERMINATION OF RIGHTS ............................ .......................................................................................... 42
PART FIVE: PROPERTY RIGHTS WITHIN THE COMMUNITY ................................................................ 43
AR TI CLE XII - EASEMENTS ............................................................................................................................... 43
12.1 EASEMENTS IN COMMON AREA .............................................................................................................43
12.2 EASEMENTS FOR DRAINAGE, UTll..ITIES, ETC ....................................................................................... 43
12.3 EASEMENTS TO SERVE ADDITIONAL PROPERTY ................................................................................... 44
12.4 EASEMENTS FOR MAINTENANCE, EMERGENCY AND ENFORCEMENT .................................................. 44
12.5 EASEMENTS FOR CROSS-DRAINAGE ...................................................................................................... 45
12.6 EASEMENT FOR EMERGENCY VEHICLES ......................................................................................... ...... 45
12.7 EASEMENTS FOR ALLEYS AND BIKE ..PATHS......................................................................................... 45
12.8 TITLE TO AND USE OF ROADS.................................................................................................................45
PART SIX: RELATIONSHIPS WITHIN AND OUTSIDE THE COMMUNITY ............................................47
ARTICLE XIll-DISPUTE RESOLUTION AND LIMITATION ON LITIGATION...................................... 47
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13.1 CONSENTS FOR AsSOCIATION LITIGAnON ........................................................................................... 47
13.2 ALTERNAnvE METHOD FOR RESOLVING DISPUTES .........................................................................;.. 47
13.3 CLAIMS. ....... ............................................................................................................................................ 47
13.4 MANDATORY PROCEDURES .......... .............................. .............................................. ...... ........................ 48
13.5 ALLOCATION OF COSTS OF RESOLVING CLAIMS ..................................................................................49
13.6 ENFORCEMENT OF RESOLUTION ......................................... ......... .........................................-;-............... 49
13.7 BOARD AUTHORIZATION ........................................... ............................................ ............ ..................... 49
ARTICLE XIV - AMENDMENT OF DECLARATION -........-......._..._..........._............................................... 50
14.1 BY FOUNDER............. .......... ............................. ................................ ......................................... .............. 50
14.2 By MEMBERS............ ....... ............... ......................... ............................................................................... 50
14.3 VALIDITY AND EFFECfIVE DATE ...........................................................................................................50
EXHIBIT A - LEGAL DESCRIPTION ......00.......0..00...................................................52
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AMENDED AND RESTATED
.~
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
'.
FOR
ALPINE MEADOWS
Alpine Junction, LLC, a Wyoming limited liability company (hereinafter referred to as
the "Founder") established a Declaration of Covenants, Conditions, and Restriction for Alpine
Meadows recorded in the Office of the Clerk of Lincoln County, Wyoming on August 23, 2005
at Book 595 of Public Records, Pages 404 to 459 (the "First Declaration"). In Section 14.1 of
the First Declaration, the Founder reserved the power to amend or modify any of the provisions
of the First Declaration within three years ttom the date of recording of the First Declaration.
Pursuant to such reserved power, Founder hereby amends the First Declaration, and restates it in
its entirety, by deleting Articles I through XIV in their entirety and substituting therefore the
following new Articles I through XIV.
This AMENDED AND RESTATED DECLARATION OF COVENANTS,
CONDITIONS, AND RESTRICTIONS (the "Declaration") is made this 4th day of October,
2006, by ALPINE JUNCTION LLC, a Wyoming Limited Liability Company.
PART ONE: INTRODUCTIONS TO THE COMMUNITY
ALPINE JUNCTION LLC, as the developer of Alpine Meadows and Founder herein, has
established this Declaration to provide a governance structure and a flexible system of standards
and procedures for the overall development, administration, maintenance and preservation of
the Properties located in Alpine Meadows.
ARTICLE I - CREATION OF THE COMMUNITY
1.1 Purpose and Intent. The Founder, as the owner of the real property described on
Exhibit "A" intends by the recording of this Declaration to create a general plan of development
for the planned community know as Alpine Meadows. This Declaration provides for the overall
development, administration, maintenance and preservation of the real property now or hereafter
comprising the Properties at Alpine Meadows. An integral part of the development plan is the
creation of the Alpine Meadows Property Owners Association, an association comprised of all
owners of Properties in Alpine Meadows, to own, operate and/or maintain various common areas
and community improvements and to administer and enforce this Declaration and the other
Governing Documents referred to in this Declaration in perpetuity.
1.2 Bindinl!" Effect. All property described on Exhibit "A" and any additional
property which is made a part of Alpine Meadows in the future by filing one or more
Supplemental Declarations in the Public Records, shall be owned, conveyed and used subject to
Alpine Meadows
Declaration of Covenants, Conditions and Restrictions
Page 1
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all of the provisions of this Declaration and any amendments or supplements thereto, which shall
run with the title to such property. This Declaration shall be binding upon all Persons having any
right, title, or interest in any portion of the Properties, their heirs, successors, successors-in-title,
and assigns.
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This Declaration shall be enforceable in perpetuity by the Founder, the Alpine 'Meadows
Property Owners Association, any Owner, and their respective legal representatives, heirs,
successors, and assigns.
1.3 Governine: Documents. The Governing Documents create a general plan of
development for Alpine Meadows which may be supplemented as set forth herein. In the event
of a conflict between or among the Governing Documents and any such additional covenants or
restrictions, the Governing Documents shall control. Nothing in this Section shall preclude any
Supplemental Declaration or other recorded covenants applicable to any portion of the Properties
fiom containing additional restrictions or provisions that are more restrictive than the provisions
of this Declaration. The Property Owners Association may, but shall not be required to, enforce
any such covenants, restrictions or other instruments.
All provisions of the Governing Documents shall apply to all Owners as well as their
respective tenants, guests and invitees.
If any provision of this Declaration is detennined by judgment or court order to be
invalid, or invalid as applied in a particular instance, such detemlination shall not affect the
validity of other provisions or applications.
ARTICLE II - CONCEPTS AND DEFINITIONS
The tenns used in the Governing Documents shall generally be given their natural,
commonly accepted definitions unless otherwise specified. Capitalized tenns shall be defined as
set forth below.
2.1 Architectural Review Committee or "ARC". The Architectural Review
Committee as defined in Section 5.2 herein.
2.2 Alpine Meadows Property Owners Association or Property Owners
Association or Association. The Alpine Meadows Property Owners Association, a Wyoming
non-profit corporation, its successors or assigns. The Property Owners Association may be
referred to herein as "Alpine Meadows Property Owners Association" or "Property Owners
Association" or "Association".
2.3 Base Assessment. Assessments levied on all Residential Properties, Mixed Use
Properties and Business Park Properties subject to assessment under Article vrn to fund
Common Expenses, as detennined in accordance with Section 9.1.
Alpine Meadows
Declaration of Covenants, Conditions and Restrictions
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2.4 Board of Directors or Board. The body responsible to the membership for
operations of the Association, selected as provided in the Bylaws and generally sérVing the same
role as the board of directors under the Wyoming corporate law. The Board of Directors may be
referred to herein as "Board of Directors" or "Board".
,
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2.5 Bulldin!! Envelope. The building envelope(s) as shown on the Designation of
Building Envelopes for Alpine Meadows to be filed concurrently with this Declaration.
2.6 Business Park Property or Properties. Shall mean Lots 176 to 183, whether
improved or unimproved, which may be independently owned, and is intended for development,
use, and occupancy as a business park pursuant to Section 3.3 hereof. Business Park Property or
Business Park Properties may be referred to herein with other Properties individually as a "Lot"
or "Property" and collectively as "Lots" or "Properties".
2.7 Business Park Use. A Business Park Use shall include those pennitted uses set
forth in Section 3.3 hereof, including but not limited to, the following: (i) public or private
schools; (ii) professional offices; (iii) limited businesses; (iv) general businesses; (v) light
industrial uses, such as metal fabrication and woodworking; (vi) wholesale uses; (vii)
distribution uses; and (viii) service commercial uses.
2.8 Common Area. Common Area shall consist of such portions of any property, or
easements thereon, designated on the Plat or as may be dictated by this Declaration, any
Supplemental Declaration or Amendment to the Declaration, any Covenant to Share Costs or any
contract or agreement for maintenance thereof entered into by the Association. Common Area
shall also include all real and personal property, including property and easements for pathways
and roadways, which the Association owns, leases or in which it otheIWise holds possessory or
use rights for the common use and enjoyment of the Owners.
2.9 Common Expenses. The actual and estimated expenses incurred, or anticipated
to be incurred, by the Association for the general benefit of all Properties including any
reasonable reserve, as the Board may find necessary and appropriate pursuant to the Governing
Documents.
2.10 Community-Wide Standard. The standard of conduct, maintenance, or other
activity generally prevailing throughout the Properties. Such standard shall be established
initially by the Founder and may be more specifically defined in the Design Guidelines, the
Master Rules and Regulations, and in Board resolutions.
2.11 Covenant to Share Costs. Any Declaration of Easements and Covenant to Share
Costs, including this Declaration, to be executed by Founder and recorded in the Public Records
which creates certain easements for the benefit of the Association and the present and future
owners of the real property subject to such Covenant to Share Costs and which obligates the
Association and such owners to share the costs of maintaining certain property described in such
Covenant to Share Costs, including the property described on Exhibit "A" hereto.
Alpine Meadows
Declaration of Covenants, Conditions and Restrictions
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2.12 Declaration. This Declaration of Covenants, Conditions and Restrictions for
Alpine Meadows.
2.13 Desien Guidelines. The architectural, design and construction guidelines and
review procedures adopted pursuant to Article V as they may be amended.
2.14 Founder. Alpine Junction LLC, a Wyoming limited liability company, or any
successor or assign who takes title to any portion of the property described on Exhibit "A"
hereto for the purpose of development and/or sale and who is designated as the Founder in a
recorded instrument executed by the immediately preceding Founder.
2.15 Governine Documents. A collective tenn referring to this Declaration and any
applicable Supplemental Declaration, the Bylaws of the Association, the Articles, the Design
Guidelines, the Use Restrictions, and the Master Rules and Regulations as they may be amended
pursuant to this Declaration.
2.16 Lot. "Lot" or "Lots" shall mean those Single-Family Residential Properties,
Mixed Use Properties and Business Park Properties designated as a "Lot" or "Lots" on the Plat,
together with such additional property as is subjected to this Declaration in accordance with
Article X.
2.17 Master Rules and Reeulations. The Master Rules and Regulations are the Rules
and Regulations adopted by the Board pursuant to Section 4.2 hereof, as they may be amended
pursuant to this Declaration.
7.2.
2.18 Member. A Person subject to membership in the Association pursuant to Section
2.19 Mixed Use Property or Properties. Shall mean Lots 184 to 186, whether
improved or unimproved," which may be independently owned, and is intended for development,
use, and occupancy as a Mixed Use property pursuant to Section 3.3 hereof. Mixed Use
Property or Properties may be referred to herein with other Properties individually as a "Lot" or
"Property" and collectively as "Lots" or "Properties".
2.20 Mixed Use Property Use. A Mixed Use Property Use shall be those permitted
uses set forth in Section 3.3. The purpose of the Mixed Use Property Use is to provide for a
mixed use development of lodging, restaurants, financial, retail, general business, and resident
and visitor-oriented services, and pennitted residential uses.
2.21 Morteaee. A mortgage, a deed to secure debt, or any other fonn of security
instrument affecting title to all or any portion of the Properties. "Mortgagee" shall refer to a
beneficiary of a deed of trust or holder of a Mortgage.
2.22 Neœhborhood. A group of Properties designated as a separate Neighborhood for
purposes of sharing benefits or services from the Association which are not provided to all
Properties within Alpine Meadows. A Neighborhood may be comprised of more than one
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property classification and may include noncontiguous parcels of property. If the Association
provides benefits or services to less than all Properties within a particular Neighborhood, then
the benefited properties shall constitute a sub-Neighborhood for purposes of detennining and
levying Neighborhood Assessments for such benefits or services.
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2.23 Neie:hborhood Assessments. Assessments levied against the Properties in a
particular Neighborhood(s) to fund Neighborhood Expenses, as described in Section 9.2.
2.24 Neie:hborhood Committee. A committee of the Association charged with
administering the affairs of a specific Neighborhood and advising the Association regarding such
neighborhood. Nothing in this Declaration shall require the creation of a Neighborhood
Committee for any Neighborhood.
2.25 Neie:hborhood Expenses. The actual and estimated expenses which the
Association incurs or expects to incur for the benefit of Owners of Properties within a particular
Neighborhood(s), which may include a reasonable reserve for capital repairs and replacements
and a reasonable administrative charge, as may specifically be authorized pursuant to this
Declaration or in the Supplemental Declaration(s) applicable to such Neighborhood(s).
2.26 Occupant. Any person other than an owner residing in or occupying a building
on a Property, which shall include but not be limited to lessees, invitees, guests, employees and
licensees.
2.27 Owner. One or more Persons who hold the record title to any Property, but
excluding in all cases any party holding an interest merely as security for the perfonnance of an
obligation. If a Property is sold under a recorded contract of sale and the contract specifically so
provides, the purchaser (rather than the fee owner) will be considered the Owner.
2.28 Pathways. Shall mean those pathways to be located within the Pathway and
Utility Easements designated on the Plat or as may be designated in the Common Area by the
Founder. Subject to Section 11.8(b), all Pathways shall be designated as Common Area.
2.29 Person. A natural person, a corporation, a partnership, a trustee, or any other
legal entity.
2.30 Plat. That plat of Alpine Meadows Subdivision to be filed with the Office of the
Clerk of Lincoln County, Wyoming contemporaneous with this Declaration.
2.31 Property or Properties. The real property described on Exhibit "A", or a
portion thereof, together with such additional property as is subjected to this Declaration in
accordance with Article X.
2.32 Public Records. The Official Records of the County Clerk of Lincoln County,
Wyoming.
2.33 ResidentialOwner. An Owner of a Residential Property other than the Founder.
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2.34 Residential Property or Residential Properties. The real property designated
for use as a dwelling within the Single-Family Residential Property, Business Park Property and
Mixed Use Property.
,
2.35 Residential Use. A Residential Use shall be a use of the property for'a dwelling
unit and not for business purposes.
2.36 Road Lots. Shall mean Lot 187 and Lot 188 as designated on the Plat. The Road
Lots shall include a three-lane 36-foot wide asphalt road, 50 parking spots adjacent to the asphalt
road on Foxtail Street. Subject to Section 11.8(b), the Road Lots shall be designated as Common
Area.
2.37 Roadwav System. The roadway system shall consist of the following: (i) the
roadway easements located on each Residential Property as designated on the Plat as Colwnbine
Street, Oatgrass Street, Arnica Trail, Sweetgrass Trail, Primrose Court, Aster Loop and the
portion of Wintergreen Drive that is not part of Lot 187; and (ii) the access and utility easements
set forth on Lot 185 and Lot 186 as designated on the Plat. All Owners of Properties have
easements for access and utilities for benefit of their Properties over and across the Roadway
System. The Roadway System shall include a 22-foot wide asphalt. Subject to Section 11.8(b),
the Roadway System shall be designated as Common Area.
2.38 Sinele-Familv Residential Property or Properties. Shall mean Lots 1 to 167,
whether improved or unimproved, which may be independently owned, and is intended for
development, use, and occupancy as a single family residence pursuant to Section 3.1 hereof. A
Single-Family Residential Property or Properties may be referred to collectively herein with
other Properties or Residential Properties as a "Lot" or "Lots", "Property" or "Properties" or as
the "Residential Property" or "Residential Properties."
2.39 Special Assessment. Assessments levied in accordance with Section 9.4.
2.40 Specific Assessment. Assessments levied in accordance with Section 9.5.
2.41 Supplemental Declaration. An instrument filed in the Public Records pursuant
to Article X which subjects additional property to this Declaration, designates Neighborhoods,
and/or imposes, expressly or by reference, additional restrictions and obligations on the land
described in such instrument.
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PART TWO: CREATION AND MAINTENANCE OF COMMUNITY STANDARDS
ARTICLE III - LAND CLASSIFICATIONS
3.1 Sinl!le-Familv Residential.
(a) The Single-Family Residential Properties shall consist of not more than 166 lots.
Except as provided for in Section 3.1(b) below, Single-Family Residential Properties shall be
restricted to Residential Use only and anyone single-family residential lot shall not contain more
than one single-family dwelling w1Ít and one accessory building. The principal building on each
Single-Family Residential Property shall not exceed two stories and a maximum of thirty-five
feet in height. The accessory building, if any, on each Single-Family Residential Property shall
not exceed one story and a maximum of fifteen feet in height. All improvements located within
each Single-Family Residential Property shall comply with Section 5.1 hereof.
(b) The following uses are permitted within the Single-Family Residential Property:
1. One (1) single-family dwelling per lot.
2. Lots 6, 7, 71 or 72 may be designated by the FOWlder as public or private
school lots for elementary, middle school and high school education.
3. Parks, playgroWlds and other municipal recreational facilities.
4. Public utility mains, lines and substations where no public office or repair
storage facilities are maintained.
5. ~t 36 may be developed as a stonnwater detention facility and/or a
potential enclosed sanitary sewer treatment facility, including ancillary structures and
open space.
6. Lot 17 and Lot 42 may be developed for roadway access to neighboring
properties.
7. Accessory buildings and uses. An accessory building or use shall be
limited to a guest house or garage/storage barn.
8. Home occupations are allowed on single-family dwelling lots, with one
pennitted employee and all other definitions provided in Section 501 N of the Town of
Alpine Zoning Ordinances, as it may be amended ttom time to time.
3.2 Mixed Use.
(a) The Mixed Use Properties shall consist of the following three adjoining lots: Lot
184, 185 and 186. Buildings constructed on Mixed Use Properties shall not exceed two and one-
half stories and a maximum of forty-five feet in height. All improvements located on each
Mixed Use Property shall comply with Section 5.1 hereof. Notwithstanding any other provision
set forth in this Declaration, each Mixed Use Property may be subdivided into condominiums or
townhomes, subject to applicable COWlty or Town of Alpine regulations.
(b) The pennitted uses in the Mixed Use Property ("Mixed Use Property Use(s)") are
the following: (i) Light Commercial Use (as defined below) shall be pennitted on the street level
but shall be prohibited on the second story; (ii) Residential Use shall be permitted on both floors.
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(c) Light Commercial Uses. The following light commercial uses (the "Light
Commercial Uses") are pennitted within the Mixed Use Property:
1. Municipal buildings.
2. Retirement center.
3. Public utility mains, lines and substations where no public office or repair
storage facilities are maintained.
4. Automobile parking areas.
5. Community buildings.
6. Nursery schools and day care centers.
7. Rest homes, convalescent homes and nursing homes.
8. Professional offices such as accountants, architects, attorneys, engineers
and surveyors.
9. Places for the conduct of any of the following limited businesses: antique
shops and art shops, banks, barbershops and beauty parlors, book and stationery stores,
bowling alleys, clothing store, department stores, drugstores, dry goods and variety
stores, electrical and household appliance stores, florists, furniture stores, gift shops,
grocery stores, hardware stores, hotels and motels, jewelry and craft shops, membership
clubs, music radio and television stores, office supply stores, offices, package liquor
stores, paint stores, photographic studios, equipment and supply stores, private schools,
shoe stores, sporting and athletic goods stores, theaters (indoor only), toy stores, travel
bureaus, watch repair stores, providing that all such uses are operated primarily within an
enclosed building, that traffic hazards are minimized, that lights are directed away from
adjoining residential areas, that off-street loading areas are available as needed, and that
in general no dust, smoke, fumes, gas, noxious odor, excessive noise or other atmospheric
effluent shall be disseminated beyond the boundaries of each Mixed Use Property.
10. Places that serve food and beverages for consumption inside an enclosed
building, including membership clubs.
11. Gasoline service stations.
12. Drive-in eating places.
13. Service stations selling diesel fuel.
14. Places for conduct of any general business, such as the following: places
of amusement or recreation; places serving alcoholic beverages; automobile sales, repair
and used car lots; bakeries, primarily for retail sales on the premises; frozen food lockers
(not including slaughtering on premises); gasoline service stations; electrical supply
stores; laundries; membership clubs such as gyms; pet shops; plumbing shops; printing
and publishing establishments; upholstery shops; water softening services.
15. Animal hospitals which may include the boarding and grooming of
animals.
16. Lot 184 may be developed as a utility provider and/or a water treatment
facility and may include a 30,000 gallon buried propane tame
(d) Conditional Uses. The following conditional uses may be approved by the Board
for the Mixed Use Properties pursuant to Section 3.4:
1. Developer permitted temporary home and land sales offices.
2. Hospitals, clinics, medical and dental offices.
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facilities.
3. Parks, playgrounds, libraries, museums, and other municipal recreational
4. Churches, or other places of religious worship.
5. Non-profit, community health and welfare service organizations may be
pennitted provided that such a user obtain the consent of a majority of the property
owners within three hundred feet from the lot lines of the proposed use.
6. Funeral homes.
7. Multi-family dwellings pennitted. Two-story multi-family dwellings are
allowed with four living units per dwelling. Second story dwellings are also pennitted in
structures with another pennitted use on the ground floor.
3.3 Business Park.
(a) Any building constructed on the Business Park Property shall not exceed two
stories and a maximum of thirty-five feet in height, and shall be used for Business Park Use,
office use or Residential Use, with the second story of such buildings restricted to office use,
Residential Use or storage use. All improvements located on each Business Park Property shall
comply with Section 5.1 hereof. The Business Park Property may be subdivided into
condominiums or townhomes, subject to applicable county or Town of Alpine regulations.
(b) The following light commercial, commercial, wholesale, processing and
distribution uses, together with necessary accessory uses and certain residential uses, are
pennitted within the Business Park Property:
1. Public or private schools for daycare, elementary, middle school and high
school education.
2. Multi-family dwellings limited to second story only.
3. Automobile parking areas for pennitted structures only.
4. Professional offices such as accountants, architects, attorneys, engineers,
surveyors.
5. Places for the conduct of any limited business, such as the following:
antique shops and art shops, banks, barbershops and beauty parlors, book and stationery
stores, bowling alleys, clothing store, department stores, drugstores, dry goods and
variety stores, electrical and household appliance stores, florists, funeral homes, furniture
stores, gift shops, grocery stores, hardware stores, hotels and motels, jewelry and craft
shops, music radio and television stores; office supply stores, offices, package liquor
stores, paint stores, photographic studios, equipment and supply stores, shoe stores,
sporting and athletic goods stores, theaters (indoor only), tourist homes, toy stores, travel
bureaus, watch repairs, providing that all such uses are operated primarily within an
enclosed building, traffic hazards are minimized, lights are directed away from adjoining
residential areas, off-street loading areas are available as needed, and in general, no dust,
smoke, fumes, gas, noxious odor, excessive noise or other atmospheric effluent shall be
disseminated beyond the boundaries of the district.
6. Places for conduct of any general business, such as the following: places
of amusement or recreation; places serving alcoholic beverages; automobile sales, repair
and used car lots; bakeries, primarily for retail sales on the premises; builders supply
yards and lumber yards; cleaning and dyeing establishments, drive-in eating places,
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fÌozen food lockers (not including slaughtering on premises); electrical supply stores,
laundries, membership clubs, pet shops, plumbing shops, printing and publishing
establishments, upholstery shops, water softening services.
7. Places for conduct of any commercial, wholesale, processing or
distribution activity, such as the following: bottling plants; dry cleaners; retail :sales of
cement and concrete products; cabinet making and carpenter shops; dairy processing and
distribution plants; ice and cold storage plants; machine shops; sheet metal shops.
8. Lots 176-179 allow for construction yards and equipment but prohibit
heavy construction equipment.
9. Any industrial or manufacturing operation on lots 176-179 only subject to
the following conditions and exceptions:
a. Excessive amounts of dust, fumes, odors, smoke, vapor, noise,
lights and vibrations shall be confined within the Business Park zone.
b. Outdoor storage, equipment and refuse areas shall be concealed
from view fÌom abutting rights-of-way and adjoining residential lots.
c. The following uses shall not be pennitted under any
circumstances: acid manufacturing; alfalfa dehydrators; cement, lime, gypsum
or plaster of paris manufacturing; chemical plant; distillation of bones; fat
rendering; fertilizer manufacturing; fireworks or explosives manufacturing;
garbage, offal, or dead animal dumping or reduction operations; gas
manufacturing; glue manufacturing; petroleum refining; reclaiming petroleum
products; slaughterhouses and packing houses; smelting of ore; stockyards;
and tanneries.
10. Public utility mains, lines and substations where a public office and repair
storage facilities are maintained.
11. Temporary home and land sales offices and model homes provided they
are located within the same subdivision as that land or homes which are offered for sale.
(c) Conditional Uses. The following conditional uses may be considered by the
Board for the Business Park Properties pursuant to Section 3.4:
1. Public utility buildings, structures, or appurtenances thereto for public
service use. Extension of public service lines in public or private rights-of-way is exempt
from this requirement.
2. Public utility mains, lines and substations where a public office and repair
storage facilities are maintained.
3. Developer is pennitted temporary home and land sales offices and model
homes provided they are located within the same subdivision as that land or homes which
are offered for sale.
4. Hospitals, clinics, medical and dental offices.
5. Animal hospitals which shall include the boarding and groonung of
animals.
6. Municipal buildings and uses.
7. Retirement center.
8. Community buildings.
9. Churches, or other places of religious worship.
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10. Non-profit, community health and welfare service organizations may be
permitted provided that such a user obtain the consent of a majority of the property
owners within three hundred feet from the lot lines of the proposed use.
11. Rest homes, convalescent homes and nursing homes.
QS2313S
3.4 Conditional Use. Any Owner or potential Owner of a Property that desires to use
a Property for a Conditional Use set forth in Section 3.3 or Section 3.2 shall apply to the Board
for a conditional use permit in addition to obtaining any necessary approvals from applicable
governmental entities for such use. The Board shall grant or deny such conditional use permit in
its sole and absolute discretion.
3.5 Variance of Permitted Use. Any Owner of a Property that desires to use the
Property for a purpose other than one provided in this Declaration shall apply to the Board for a
variance of permitted use. The Board shall grant or deny such variance in its sole and absolute
discretion.
ARTICLE IV - USE AND CONDUCT
4.1 Framework for Ret!ulation. The Governing Documents establish, as part of the
general plan of development for the Properties, a framework of affinnative and negative
covenants, easements and restrictions which govern the Properties. However, within that
framework, the Board and the Members must have the ability to respond to unforeseen problems
and changes in circumstances, conditions, needs, desires, trends and technology which inevitably
will affect Alpine Meadows, its Owners, Occupants and residents. Toward that end, this Article
establishes procedures for modifying and expanding the initial Master Rules and Regulations.
4.2 Rule Makin!! Authoritv.
(a) Subject to the tenns of this Article and the Board's duty to exercise
business judgment and reasonableness on behalf of the Association and its Members, the Board
may modify, cancel, limit, create exceptions to, or expand the Master Rules and Regulations.
The Board shall send notice by mail to all Owners concerning any such proposed action at least
five (5) business days prior to the Board meeting at which such action is to be considered.
Members shall have a reasonable opportunity to be heard at a Board meeting prior to such action
being taken.
Such action shall become effective after compliance with subsection (c) below
unless disapproved at a meeting of the Members by more than fifty percent (50%) of the total
votes entitled to vote on the matter. The Board shall have no obligation to call a meeting of the
Members to consider disapproval except upon receipt of a petition of the Members as required
for special meetings in the Bylaws. Upon such petition of the Members prior to the effective
date of any Board action under this Section 4.2(a), the proposed action shall not become
effective until after such meeting is held, and then subject to the outcome of such meeting.
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(b) Alternatively, the Members, at an Association meeting duly called for
such purpose, may adopt rules which modify, cancel, limit, create exceptions to, or expand the
Master Rules and Regulations by a vote of more than fifty percent (50%) of the total votes
entitled to vote on the matter.
(c) At least thirty (30) days prior to the effective date of any action taken
under subsections (a) or (b) of this Section, the Board shall send a copy of the new rule or
explanation of any changes to the Master Rules and Regulations to each Owner specifying the
effective date. The Association shall provide, without cost, a copy of the Master Rules and
Regulations then in effect to any requesting Member or Mortgagee.
(d) Nothing in this Article shall authorize the Board or the Members to
modify, repeal or expand the Design Guidelines. In the event of a conflict between the Design
Guidelines and the Master Rules and Regulations, the Design Guidelines shall control.
4.3 Owners' Acknowlede:ement and Notice to Purchasers. All Owners are given
notice that use of their Property is limited by the Master Rules and Regulations as they may be
amended, expanded and otherwise modified hereunder. Each Owner, by acceptance of a deed
for their Property acknowledges and agrees that the use and enjoyment and marketability of his
or her Property can be affected by this Declaration and that the Master Rules and Regulations
may change from time to time. All purchasers of a Property are on notice that changes may have
been adopted by the Association that are not recorded in the Public Records. Copies of the
current Master Rules and Regulations may be obtained from the Association.
4.4 No Minine:. Excavatine: or Drilline:. No property within Alpine Meadows shall
be used for the purpose of mining, quarrying, drilling, boring, or exploring for or removing
geothermal resources, oil, gas, or other hydrocarbons, minerals, rocks, stones, gravel, sand, top
soil, or earth. Nothing contained herein shall be construed to limit the rights of the owner of a
mineral interest severed from the surface of any portion of the Properties prior to the recording of
this Declaration and nothing contained in this Declaration shall be construed to limit the rights of
the Founder to develop the Properties.
4.5 Protection of Owners and Others. No rule shall be adopted in violation of the
following provisions, except as may be specifically set forth in this Declaration (either initially
or by amendment) or in the initial Master Rules and Regulations:
(a) Equal Treatment. Similarly situated Owners shall be treated similarly;
provided, the Master Rules and Regulations may vary by Neighborhood.
(b) Displavs. The rights of Owners to display religious and holiday signs,
symbols, and decorations inside structures on their Property of the kinds normally displayed in
dwellings located in residential neighborhoods and buildings in commercial areas shall not be
abridged, except that the Association may adopt time, place, and manner restrictions with respect
to displays visible from outside the dwelling or building.
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No rules shall regulate the content of political signs; however, rules may regulate
the time, place and manner of posting such signs (including design criteria).
(c) Household Composition. No rule shall interfere with the fi-eedom of
Owners to detennine the composition of their households although household composition may
be regulated by and subject to Town of Alpine or Lincoln County, Wyoming regulations.
(d) Activities Within Dwellines. No rule shall interfere with the activities
carried on within the confines of the Residential Properties, except that the Association may
prohibit activities not nonnally associated with property restricted to Residential Use, and it may
restrict or prohibit any activities that (i) create monetary costs for the Association or other
Owners; (ii) create a danger to the health or safety of Occupants or Owners of Properties; (iii)
generate excessive noise or traffic; (iv) create unsightly conditions visible outside the dwelling;
or (v) create an unreasonable source of annoyance.
(e) Allocation of Burdens and Benefits. No rule shall alter the allocation of
financial burdens among the various Properties or rights to use the Common Area to the
detriment of any Owner over that Owner's objection expressed in writing to the Association.
Nothing in this provision shall prevent the Association :trom changing the Common Area
available, fi-om adopting generally applicable rules for use of the Common Area, or fi-om
denying use privileges to those who abuse the Common Area or violate the Governing
Documents. This provision does not affect the right to increase the amount of assessments as
provided by Article IX.
(f) Alienations. No rule shall prohibit leasing or transfer of any Property, or
require consent of the Association or Board for leasing or transfer of any Property; provided, the
Association or the Board will require a minimum lease tenn of thirty (30) days for all Residential
Properties. The Association may require that Owners use lease fonns approved by the
Association, but shall not impose any fee on the lease or transfer of any Property greater than an
amount reasonably based on the costs to the Association of administering that lease or transfer.
(g) Abrideine Kustine Riehts. If any rule would otherwise require Owners
to dispose of personal property which they maintained in or on the Property prior to the effective
date of such rule, or to vacate a Property in which they resided prior to the effective date of such
rule, and such property was maintained or such occupancy was in compliance with this
Declaration and all rules previously in force, such rule shall not apply to any such Owners
without their written consent.
(h) Riehts to Develop. No rule or action by the Association or Board shall
impede the Founder's right to develop the Properties.
The limitations in subsections (a) through (h) of this Section 4.5 shall only limit
rulemaking authority exercised under Section 4.2; they shall not apply to amendments to this
Declaration adopted in accordance with Article XIV.
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4.6 Domestic Animals. Except as specifically pennitted herein or by the Master
Rules and Regulations, no animals, reptiles, primates, fish, fowl or insects of any kind shall be
kept, raised, bred, maintained or boarded within or upon any part of the Properties.
Notwithstanding the foregoing, each Property shall be entitled to a maximum <?f no more
than a total of three (3) dogs or cats and a reasonable number of other Household Pets (The term
Household Pet(s) means generally recognized Household Pets such as dogs, cats, fish, birds,
rodents, and non-poisonous reptiles), so long as such pets are not kept for any commercial
purpose, are not kept in unreasonable numbers, do not cause an unreasonable amount of noise,
odor, or do not otherwise become a nuisance to other Property Owners. The term "Household
Pet" specifically excludes horses, cattle and other livestock which are not pennitted to be kept on
any Property. All Owners or Occupants with Household Pets shall keep the animals restrained
and controlled on that Owner's or Occupant's Property at all times so they do not cause a
nuisance to others and do not harass or endanger wildlife. "Nuisance" means any noisy animal,
any vicious animal, or any animal which chews, tears, digs in or scratches, litters or soils,
destroys, or in any other manner injures clothing, garbage containers, gardens, flower beds,
lawns, trees, shrubbery, or any other property within the Properties. Excessive, continued, or
untimely barking, molesting passersby, chasing vehicles, habitually attacking other animals,
trespassing upon private property in such a manner as to damage property shall also be deemed a
nuisance. ''Noisy Animal" means any animal which habitually, constantly, or frequently disturbs
the sleep, peace, or quiet of any person. The Board or its designee shall have the right to enter
the property and remove any Noisy Animal and any such action shall not be deemed a trespass.
In the event the Board removes such Noisy Animal, the animal shall be kenneled and the cost
therefore shall be levied against the offending Owner as a Specific Assessment.
Food for Household Pets shall be stored in a secure area that cannot be accessed by bears
or other wildlife.
No owner or custodian of any animal who is visiting or working on the Properties shall
be permitted to allow such animals to run free. Also, no pet or animal shall be restrained by
leash, cord, chain, rope, or other attachment fixed to any vehicle, post, tree, or other structure or
object within the Properties thereby allowing such animal to become a nuisance or interfere with
pedestrian or vehicular traffic in and around any public area within the Properties. Contractors,
sub-contractors and any other person providing services to an Owner may not bring dogs onto
the Properties.
The Owner of a Property where a Household Pet is kept, as well as the legal owner of the
pet (if not such Owner), shall be jointly and severally liable for any and all damage and
destruction caused by the pet, and for any clean-up of roads or other Property necessitated by
such pet.
The Association shall have, and is hereby given, the right and authority to detennine in
its sole discretion that Household Pets are being kept for commercial purposes, or are otherwise a
nuisance to other Property Owners or Occupants, or that a Property Owner or Occupant is
otherwise in violation of this Section, and to take such action or actions as it deems reasonably
necessary to remedy the violation. Without limiting the generality of the foregoing, the
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Association may require the owner or custodian of a dog that barks or howls excessively, or of a
Household Pet with other offensive habits, to confme such animal indoors. In the event that the
Board shall detennine that a pet has become a "nuisance pet", a written notice of violation shall
be personally delivered to the owner or custodian of the nuisance pet, and if the nuisance pet is
not removed from the Properties within seventy-two (72) hours thereafter, the Board',shall have
the right to remove the nuisance pet, or cause the nuisance pet to be removed and kenneled, at
the sole expense of the Owner of the Property on which the nuisance pet is boarded and to enter
upon an Owner's Property for such purpose, all without liability on the part of the Board. Any
costs associated with responding to complaints of a nuisance pet may be levied against an Owner
or Occupant as a Specific Assessment.
4.7 Wildlife. No elk, deer, moose, bear, or other big game animals shall be fed hay
or any other food, manufactured or otherwise, within the Properties in order to prevent migrating
anim::tJs from interrupting their migrations to winter range and to prevent such animals from
becoming habituated to unnatural food sources. By acceptance of a deed therefore, the owner of
every Property agrees to release and hold the Wyoming Game and Fish harmless from any and
all claims for wildlife damage to their property.
4.8 Fencinl! and Gates. No fence, gate, hedge, or wall shall be erected or
maintained, except to screen service areas, dog runs, gardens patios, or other elements directly
related to the main structure on a Property. No fence, gate, hedge, or boundary wall shall be
erected or maintained on any Property line. No fence construction of any type shall be pennitted
in a big game movement and migration corridor as identified by the Wyoming Game & Fish. All
fencing shall require the prior written approval of the ARC, at the ARC's sole discretion, shall be
in compliance with the Design Guidelines and shall be wildlife friendly.
4.9 Trees. Native trees and timber shall not be removed from any Property, except as
may be deemed necessary by the ARC for the construction of authorized buildings and
improvements. The cutting and harvest of trees and other shrubs that provide vital winter forage
for moose and elk should be minimized. Natural landscaping outside of building envelopes with
retention of mature trees, native shrubs and grasses is encouraged.
4.10 Vehicle Parkinl!. Storal!e. Operation and Repair.
(a) No boats, trailers, buses, campers (on or off supporting vehicles),
motorcycles, snowmobiles, recreational vehicles, golf carts, industrial or commercial vehicles
(except within the Business Park Properties and the Mixed Use Properties), abandoned or
inoperable vehicles (as defined below), or any other similar vehicles (excepting passenger
vehicles and one-ton or smaller pick-up trucks, commercial vehicles not exceeding 30 feet in
length or one licensed recreational vehicle not exceeding 30 feet in length) shall be parked or
stored in or upon the Properties, the Road Lots or the Roadway System except within enclosed
structures approved in advance by the ARC, and no vehicle of any kind shall be maintained,
repaired, repainted, serviced or rebuilt on any Property except within a completely enclosed
garage which fully screens the sight and sound of the activity from the surrounding Properties.
This restriction shall not prevent the non-commercial washing and polishing of vehicles and
boats, together with activities nonnally incidental thereto.
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(b) Notwithstanding the foregoing, non-pennitted vehicles may be
temporarily parked on driveways of Properties for loading, delivery or emergency purposes, but
only for the time required to accomplish such pwpose, and as necessary for the construction or
maintenance of improvements within the Properties upon compliance with the Design :Guidelines
and any conditions imposed by the ARC. In addition, guests and invitees of Owners may
temporarily park their pennitted vehicles on driveways on Properties for the duration of their
visit, provided such time period does not exceed a reasonable time as detennined in the sole and
absolute discretion of the Board or the ARC.
( c) An "abandoned or inoperable vehicle" shall mean any motorized vehicle
which does not display a current motor vehicle license or which has not been driven under its
own propulsion for a period of two (2) weeks or longer (excepting otherwise pennitted vehicles
parked by Owners or Occupants on their driveways on their Properties while on vacation or
during a period of illness), or which does not have an operable propulsion system within the
vehicle.
(d) In the event that the Board or the ARC shall determine that a vehicle is
abandoned or inoperable, or is otherwise in violation of the provisions of this Section 4.10, a
written notice of violation describing said vehicle shall be personally delivered to the vehicle
owner (if such owner can be reasonably ascertained) or shall be conspicuously placed upon the
vehicle (if the owner cannot be reasonably ascertained), and if the offending vehicle is not
removed within seventy-two (72) hours thereafter, the Board or ARC (as the case may be) shall
have the right to remove and store the offending vehicle, or cause the vehicle to be removed and
stored, at the sole expense of the Owner of the Properties on which the vehicle is located and to
enter upon an Owner's Property for such pwpose, all without liability on the part of the Board or
ARC. Any expense incurred by the Board or the ARC pursuant to this Section may be levied
against such Owner as a Specific Assessment.
(e) Motorcycles, and motorized trail bikes, mini-bikes, dirt bikes, all-terrain
vehicles, mopeds, go-carts and similar motorized vehicles licensed for operation on public roads
may be used or operated on the Properties except as such use may be expressly limited in the
Master Rules and Regulations. Snowmobiles may not be operated on the Properties.
4.11 Huntin2: Fireworks. No hunting or discharge of fireanns shall be pennitted on
any portion of the Properties. No discharge of frrecrackers and other frreworks shall be
pennitted on any portion of the Properties; provided, however, the Board shall have no
obligation to take action to prevent or stop such discharge.
4.12 Nuisance. No noxious or offensive activity shall be carried on upon any
Property, nor shall anything be done or placed thereon which may be or become a nuisance, or
cause unreasonable embarrassment, disturbance or annoyance to other Owners in the enjoyment
of their Properties, ör in their enjoyment of Common Area. Without limiting any of the
foregoing, no exterior speakers, horns, whistles, bells or other sound devices, except security
devices used exclusively to protect the security of the Properties and improvements located
thereon, shall be placed or used upon any Property.
Alpine Meadows
Declaration of Covenants, Conditions and Restrictions
Page 16
O~~taß°O~S1
4.13 Garbaee. All garbage and trash shall be placed and kept in covered containers
which shall be maintained so as not to be visible from neighboring Properties. The collection
and disposal of garbage and trash shall be in strict compliance with such rules as may be adopted
by the Board. The maintenance of accumulated waste plant materials is prohibited except in an
appropriate compo sting container approved by the ARC. .
4.14 Prohibition Aeainst Water Wells and Septic Systems. All Properties shall be
required to connect to a centralized community water and sewer system and shall be prohibited
from having thereon a private well for domestic water or a septic and leach field system for
disposal of domestic wastewater and sewage.
ARTICLE V - ARCIDTECTURE AND LANDSCAPING
5.1 General. No structure shall be placed, erected, or installed upon any Property,
and no improvements (including staking, clearing, excavation, grading and other site work,
exterior alterations of existing improvements, and planning or removal of landscaping materials,
native trees or shrubs) shall take place except in compliance with this Article, the Design
Guidelines promulgated pursuant to Section 5.3, the Designation of Building Envelopes, the
Lincoln County Land Development Regulations and the Final Development Pennit approved by
Lincoln County, Wyoming for development of the Properties.
Any Owner may remodel, paint or redecorate the interior of structures on his Property
without approval. However, modifications to the exterior of improvements on a Property shall
be subject to approval. No approval shall be required to repaint the exterior of a structure in
accordance with the originally approved color scheme or to rebuild a damaged structure
substantially in accordance with originally approved plans and specifications.
All plans and specifications shall be subject to review as provided herein. This Article
shall not apply to the development activities of the Founder in accordance with the Plat and this
Declaration. This Article may not be amended without the Founder's written consent so long as
the Founder owns any land subject to this Declaration or subject to annexation to this
Declaration.
5.2 Architectural Review.
(a) Architectural Review Committee. The Architectural Review Committee
("ARC") shall consist of three (3) members who shall each serve for a three-year tenn. The
Founder shall appoint all three (3) of the original regular members of the ARC and all of their
replacements pursuant to Section 11.12 herein. Thereafter, all of the members of the ARC shall
be appointed by the Board.
(b) Fees: Assistance. The ARC may establish and charge reasonable fees for
review of applications hereunder and may require such fees to be paid in full prior to review of
any application. Such fees may include the reasonable costs incurred in having any application
Alpine Meadows
Declaration of Covenants, Conditions and Restrictions
Page 17
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reviewed by architects, landscape architects, engineers or other professionals. The Founder and
the Association may employ architects, landscape architects, engineers, or other persons as
deemed necessary to perfonn the review. The Board shall include the compensation of such
persons, if any, in the fee charged by the ARC.
5.3 Guidelines and Procedures.
(a) DesÍlm Guidelines. The Founder shall prepare the initial Design
Guidelines, which may contain general provisions applicable to all of the Properties as well as
specific provisions which vary from Land Classification to Land Classification. The Design
Guidelines are intended to provide guidance to Owners and Builders regarding matters of
particular concern to the ARC in considering applications hereunder. The Design Guidelines are
not the exclusive basis for decisions of the ARC, and compliance with the Design Guidelines
does not guarantee approval of any application. The Design Guidelines shall set forth the
requirements for any grading done on a Property and shall also include an approved landscape
"plant palette" which shall provide for the exclusive use of plant species native to Lincoln
County, Wyoming. Such plant palette shall be designed to include the existing mix, distribution
and densities of the plants on site. The intent will be to replace the habitat as well as the plant
species that compose the habitat.
Notwithstanding the reviewing authority of the ARC and any other provision in
this Declaration, the Founder shall have sole and full authority to amend the Design Guidelines
as long as it owns any portion of the Properties or has a right to expand the Properties pursuant to
Article X, unless the Founder delegates the power to amend to the Board. Upon tennination or
delegation of the Founder's right to amend, the Board shall have the authority to amend the
Design Guidelines. Any amendments to the Design Guidelines shall be prospective only and
shall not apply to require modifications to or removal of structures previously approved or
structures for which the review process has commenced. There shall be no limitation on the
scope of amendments to the Design Guidelines, and such amendments may remove requirements
previously imposed but shall not otherwise make the Design Guidelines less restrictive.
The Association shall make the Design Guidelines available to Owners and
builders who seek to engage in development or construction within the Properties. In the
Founder's discretion, such Design Guidelines may be recorded in the Public Records, in which
event the recorded version, as it may unilaterally be amended from time to time, shall control in
the event of any dispute as to which version of the Design Guidelines was in effect at any
particular time.
(b) Procedures. Prior to applying for a Town of Alpine or Lincoln County,
Wyoming building pennit or commencing any work within the scope of this Article ("Work"),
an Owner shall submit to the ARC an application for approval of the proposed Work in such
fonn as the Design Guidelines or the ARC may specify. Such application shall include plans and
specifications ("Plans") showing site layout, grading, structural design, exterior elevations,
exterior materials and colors, landscaping, drainage, exterior lighting, inigation, and other
features of proposed construction, as applicable. The Design Guidelines and the ARC may
require the submission of such additional infonnation as may be reasonably necessary to
Alpine Meadows
Declaration of Covenants, Conditions and Restrictions
Page 18
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consider any application. The Plans shall be in such fonn and shall contain such infonnation as
may be reasonably required pursuant to the Design Guidelines.
The ARC, in its discretion and after written notice to the Owner, may delegate any
portion of its administrative duties hereunder to the Board. In this instance, the Bpard shall
within ten (10) days review any application for sufficiency and compliance with this Declaration,
the Design Guidelines and the Master Rules and Regulations. If the Board deems the application
sufficient, the Board shall forward the Application to the ARC with its written recommendation
for approval or denial. If the Board deems the application insufficient or not otherwise
compliant with the Governing Documents, the Board shall provide written notice to the Owner
within the ten (10) day period described above that the application is insufficient or otherwise
non-compliant with the Governing Documents and therefore not ready for review by the ARC.
In reviewing each submission, the ARC may consider any factors it deems
relevant, including without limitation, harmony of external design with surrounding structures
and environment. Decisions may be based on purely aesthetic considerations. Each Owner
acknowledges that determinations as to such matters are purely subjective and opinions may vary
as to the desirability and/or attractiveness of particular improvements.
The ARC shall, within thirty (30) days after receipt of a completed application
(whether from an Owner or the Board, as the case may be) and all required infonnation, respond
in writing to the applicant at the address specified in the application. The response may (i)
approve the application, with or without conditions; (ii) approve a portion of the application and
disapprove other portions; or (iii) disapprove the application. The ARC may, but shall not be
obligated to, specify the reasons for any objections and/or offer suggestions for curing any
objections. Additionally, the ARC mayor may not, in its sole discretion, adopt any
recommendations for approval or disapproval as given by the Board.
In the event an application is received by the ARC for work that was started
without prior approval from the ARC, the time limits for review and approval set forth in this
section shall not apply. In this event, the ARC and/or the Board as the case may be, shall review
the application in a reasonable time taking into account the facts and circumstances giving rise to
the application.
In the event that the ARC fails to respond in writing in a timely manner, approval
shall be deemed to have been given. However, no approval, whether expressly granted or
deemed granted pursuant to the foregoing, shall be inconsistent with the Design Guidelines
unless a variance has been granted pursuant to Section 3.5. Notice shall be deemed to have been
given at the time the envelope containing the response is deposited with the u.s. Postal Service.
Personal delivery of such written notice shall, however, be sufficient and shall be deemed to
have been given at the time of delivery to the applicant.
Until expiration of the Founder's rights under this Article, the ARC shall notify
the Founder in writing within three (3) business days after the ARC has approved any
applications relating to proposed Work within the scope of matters delegated to the ARC by the
Founder. The notice shall be accompanied by a copy of the application and any additional
Alpine Meadows
Declaration of Covenants, Conditions and Restrictions
Page 19
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infonnation which the Founder may require. The Founder shall have ten (10) days after receipt
of such notice to veto any such actions, in its sole discretion, by written notice to the ARC and
the applicant.
If construction does not commence on a project for which Plans ~ave been
approved within two years after the date of approval, such approval shall be deemed withdrawn,
and it shall be necessary for the Owner to reapply for approval before commencing the proposed
Work.
The ARC may, by resolution, exempt certain activities from the application and
approval requirements of this Article, provided such activities are undertaken in strict
compliance with the requirements of such resolution.
No flowers, shrubs, trees, grasses, or other landscaping shall be allowed on any
portions of the Properties, except in accordance with the landscape plant palette for the
Properties approved from time to time by the ARC. The ARC may make amendments to the
plant palette and such amendments shall apply whether or not recorded in the Official Records of
Lincoln County, Wyoming.
(c) Obli2ation to Complete Construction. Regardless of the type of
improvement being constructed on a Property, once construction has commenced, it must be
completed within twenty-four (24) months from the date construction commenced unless
otherwise specified in the notice of approval or unless the ARC grants an extension in writing,
which it shall not be obligated to do. Completion of improvements shall mean that a certificate
of occupancy has been issued by the local governing body empowered to do so and that the
improvements are in a condition suitable for immediate occupancy by the Owner or its
Occupant.
5.4 Standard of Construction. All improvements to the Properties made by the
Founder have been or will be constructed in accordance with all applicable city, county, state and
federal building codes. Founder does not warrant that its improvements to the Properties exceed,
in any manner, the minimum building standards required by applicable city, county, state and
federal laws.
5.5 Enforcement. Any structure, improvement or landscaping placed or made in
violation of this Article or the Design Guidelines shall be deemed to be nonconfonning. Upon
written request from the Founder, the ARC or the Board, Owners shall, at their own cost and
expense, remove such structure or improvement and restore the property to substantially the
same condition as existed prior to the nonconfonning work or such that it complies with an
approved application. Should an Owner fail to remove and restore as required, the Founder, the
Association or its designees shall have the right to enter the property, remove the violation, and
restore the property to substantially the same condition as previously existed. All costs, together
with interest at the maximum rate then allowed by law, may be assessed against the benefited
Property and collected as a Specific Assessment.
Alpine Meadows
Declaration of Covenants, Conditions and Restrictions
Page 20
0923138
All approvals granted hereunder shall be deemed conditioned upon completion of all
elements of the approved work and all work previously approved with respect to the same
Property, unless approval to modify any application has been obtained. In the event that any
Person fails to commence and diligently pursue to completion all approved work, the Founder or
the Association shall be authorized, after notice to the Owner of the Property and an opportunity
to be heard in accordance with the Bylaws, to enter upon the Property and remove or complete
any incomplete work and to assess all costs incurred against the Property and the Owner thereof
as a Specific Assessment.
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Any contractor, subcontractor, agent, employee, or other invitee of an Owner who fails to
comply with the terms and provisions of this Article and the Design Guidelines may be excluded
nom the Properties, subject to the notice and hearing procedures contained in the Bylaws. In
such event, neither the Founder, the Association, its officers, or directors shall be held liable to
any Person for exercising the rights granted by this paragraph.
In addition to the foregoing, the Association shall have standing to pursue all available
legal and equitable remedies available to enforce the provisions of this Article and the decisions
of the ARC.
5.6 Development and Use Restrictions. All development of the Properties shall
conform to the following requirements:
(a) Provisions in Addition to County Land Use ReI!ulations. Conformity
with any and all applicable land use regulations of Lincoln County and the Final Development
Permit approved by Lincoln County, Wyoming shall be required, in addition to the requirements
of this Declaration.
(b) Authorized Use. The authorized use of a particular lot shall be in
accordance with the Land Classifications Section in Article ill herein unless a conditional use
permit has been granted pursuant to Section 3.4 or a variance has been granted pursuant to
Section 3.5.
(c) Authorized Structures. No building or structure shall be constructed on
any Property, except as approved and permitted by the ARC.
(d) Buildine: Envelope. No improvement or development shall be permitted
on any Property outside of the Building Envelope except access driveways, utility installations
and bridges, or ground level patios, or walkways.
(e) Impervious Surface Limitations. Construction on any Residential
Property shall not exceed more than 40% of the total impervious surface of such property, less
easements encwnbering such property and construction on any Business Park Property shall not
exceed more than 68% of the total impervious surface of such property, less easements
encwnbering such property.
5.7 Construction. Mobile homes are prohibited. Pre-fabricated or modular
structures are prohibited on all Properties except as may be permitted upon an Owner obtaining
Alpine Meadows
Declaration of Covenants, Conditions and Restrictions
Page 21
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advance approval from the ARC, in the ARC's sole and absolute discretion. Previously-put-to-
use materials designed for architectural detailing on the outside of structures may be pennitted
by the ARC, in the ARC's sole discretion.
5.8 Heieht. Size and Floor Area Limitations. Building height shall be as
detennined by the Plat or the Design Guidelines. Building height shall be measûred from
existing grade to the highest point of the roof. All other restrictions relating to maximwn
allowable square footage for principal residences, other than as provided for herein and in the
Plat and Design Guidelines, shall comply with the Lincoln County Land Development
Regulations and the Final Development Pennit approved by Lincoln County, Wyoming.
5.9 Utilities. Electrical, water, sewer and telephone utility lines will be installed
underground to the property line of each Property. Connections from improvements on a
Property to the underground utility lines shall be completed at the Owners' expense, and shall be
constructed underground. Above ground utility installations are prohibited.
5.10 Temporarv Structures Prohibited. No temporary structures, such as trailers,
tents, shacks or other similar buildings, shall be pennitted on any Property except during
construction or as authorized by the Board.
5.11 Satellite Dishes. An 18" or smaller diameter satellite dish shall be pennitted on
any Property provided that any such satellite dish must be visually shielded from adjacent
Residential Properties with shielding approved by the ARC before such satellite dish is installed.
5.12 Berms. No berms shall be constructed or maintained on any Property unless the
ARC, in its sole discretion approves such construction and maintenance and finds the same to be
beneficial between adjacent Residential Properties. In connection with the foregoing, the Board
may request, at the expense of the Owner seeking approval, information relating to the possible
impact of the berm on other Residential Properties, which information may include appropriate
engineering studies.
5.13 Improvement of Wetlands-Wildlüe Habitat. Notwithstanding any provision
herein to the contrary, the Board may allow development outside of the Building Envelope for
the sole purpose of improving wetlands and/or wildlife habitat. Only wildlife habitat
creation/enhancement approved by the ARC shall be allowed in these areas. Any proposal for
wetland improvement or wildlife habitat improvement shall be reviewed and approved by the
Wyoming Game and Fish Department and/or any other governmental authority having
jurisdiction before submittal to the Board.
ARTICLE VI - MAINTENANCE AND REPAIR
6.1 Maintenance of Properties. Each Owner of a Lot shall maintain his or her Lot
and any and all improvements thereon and any and all landscaping situated on the Lot in a
manner consistent with the Governing Docwnents, the Community-Wide Standard and all
applicable covenants. If an Owner does not maintain his or her Lot to the appropriate standards,
the Association shall have the right to perform such maintenance on the Owner's behalf and the
Alpine Meadows
Declaration of Covenants, Conditions and Restrictions
Page 22
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costs of such maintenance shall be assessed to the Owner as a Specific Assessment. Subject to
Section 11.8(b), the, the Association shall have the obligation to maintain the Common Area and
any improvements thereon, including but not limited to the Roadway System and the roads,
pathways and parking spaces within the Road Lots and the costs associated therewith shall be the
obligation of the Association.
6.2 Maintenance of Vacant Properties. Each Owner of a Lot that is unimproved is
responsible for maintaining the landscape on such unimproved Lot in a healthy and vigorous
condition. Required maintenance shall include, but not be limited to, necessary irrigation to
control fire danger, treatment to control weeds and other steps recommended by the Board to
maintain the natural landscape of the Lot in a manner consistent with the Governing Documents,
the Community-Wide Standard and all applicable covenants. If an Owner does not maintain his
or her unimproved Lot to the appropriate standards, the Association shall have the right to
perfonn such maintenance on the Owner's behalf and the cost of such maintenance shall be
assessed to the Owner as a Specific Assessment.
Alpine Meadows
Declaration of Covenants, Conditions and Restrictions
Page 23
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PART THREE: COMMUNITY GOVERNANCE AND ADMINISTRATION
ARTICLE VII - THE ASSOCIATION AND ITS MEMBERS
.
7.1 Function of Association. The Association shall be the entity responsible for
management, maintenance, operation and control of the Common Area as described herein and
shall also be the primary entity responsible for enforcement of the Governing Documents. The
Association shall also be responsible to provide all duties and obligations of the Association as
set forth in this Declaration and the Governing Documents. The Association shall perform its
functions in accordance with the Governing Documents and the laws of the State of Wyoming.
7.2 Memmbership.
(a) Memmbership. Every Owner of a Lot shall be a Member of the
Association. There shall be only one membership per Lot. If a Lot is owned by
more than one Person, all co-Owners shall share the privileges of such
membership, subject to reasonable Board regulation and the restrictions on voting
set forth in the Bylaws, and all such co-Owners shall be jointly and severally
obligated to perform the responsibilities of Owners. The membership rights of an
Owner which is not a natural person may be exercised by any officer, director,
partner, member, manager or trustee, or by the individual designated ITom time to
time by the Owner in a written instrument provided to the Secretary of the
Association except where such privileges may be restricted by the Master Rules
and Regulations or by the Association.
(b) Subdivision of Mixed-Use and Business Park Lots. Upon any
subdivision of a Mixed-Use or Business Park Lot into condominium or townhome
units, as provided for in Sections 3.2 and 3.3 hereof, each original Lot, prior to
any such subdivision, shall be deemed as one Lot for purposes of Membership
and voting in the Association, and each original Lot shall retain only one vote in
the Association, as further described in Section 7.3 below.
7.3 Votinl!. The Association shall have one class of membership. Members shall
have one equal vote for each Lot in which they hold the interest required for membership under
Section 7.2. All votes shall be cast as provided in Section 7.3(a).
(a) Exercise of Votinl! Ril!hts. The vote for each Lot owned by a Member
shall be exercised by the Owner of the Lot. In any situation where there is more than one Owner
of such Lot, the vote for such Lot shall be exercised as the co-Owners determine among
themselves and advise the Secretary of the Association in writing prior to the vote being taken.
Absent such advice, the Lot's vote shall be suspended if more than one Person seeks to exercise
it.
(b) CODlDlencemment of V otinl! Ril!hts. Voting rights as to each Lot shall
vest upon the commencement of assessment obligations for such Lot, as defined in Section 9.7.
Alpine Meadows
Declaration of Covenants, Conditions and Restrictions
Page 24
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7.4 Neiehborhoods. The Association shall have the right to create Neighborhoods
consisting of similarly situated Lots for the purpose of consolidating services that are appropriate
to such Properties but not to all Properties. A Neighborhood, if any, acting through a
Neighborhood Committee, if any, may request that the Association provide a higher level of
service than that which the Association generally provides to all Neighborhoods or m~y request
that the Association provide special services for the benefit of the Lots in such Neighborhood.
Upon the affirmative vote, written consent, or a combination thereof, of Owners of a majority of
the Lots within the Neighborhood, the Association shall provide the requested services. The cost
of such services, which may include a reasonable administrative charge in such amount as the
Board deems appropriate (provided, any such administrative charge shall apply at a uniform rate
per Lot to all Neighborhoods receiving the same service), shall be assessed against the benefited
Lots within such Neighborhood as a Neighborhood Assessment.
ARTICLE VIII - ASSOCIATION POWERS AND RESPONSffiILITIES
8.1 Acceptance and Control of Association Property.
(a) The Association, through action of its Board, may acquire, hold, and
dispose of real property and tangible and intangible personal property.
(b) The Founder and its designees may conveyor dedicate real or personal
property to the Association and the Association shall accept all such conveyances or dedications.
8.2 Maintenance of Common Area.
(a) The Association shall maintain the Common Area in accordance with the
Community-Wide Standard, which obligation shall include, but need not be limited to:
Common Area; and
(i) The entering into of contracts or agreements for maintenance of the
(ii) The maintenance of other property which the Association does not
own if the Board determines that such maintenance is necessary or desirable to maintain the
Community-Wide Standard.
The Association shall not be liable for any damage or injury occurring on
or arising out of the condition of property which it does not own except to the extent that it has
been negligent in the performance of its maintenance responsibilities.
(b) The Association shall maintain the facilities and equipment within the
Common Area in continuous operation, except for any periods necessary, as determined in the
sole discretion of the Board, to perform required maintenance or repairs, unless at least seventy-
five percent (75%) of the Members in the Association agree in writing to discontinue such
operation.
Alpine Meadows
Declaration of Covenants, Conditions and Restrictions
Page 25
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Except as provided above, the Common Area shall not be reduced by amendment
of this Declaration or any other means except with the prior written approval of the Founder as
long as the Founder owns any property described within Exhibit "A" of this Declaration.
.
(c) The costs associated with maintenance, repair and replaceu{ent of the
Common Area shall be a Common Expense; provided, the Association may seek reimbursement
fTom the owner(s) of, or other Person responsible for, certain portions of the Common Area
pursuant to this Declaration, the Covenant to Share Costs, other recorded covenants, or
agreements with the owner(s) thereof.
8.3 Insurance.
(a) Required Coveral!es. The Association, acting through its Board or its
duly authorized agent, shall obtain and continue in effect the following types of insurance, if
reasonably available, or if not reasonably available, the most nearly equivalent coverages as are
reasonably available:
(i) Blanket property insurance covering "risks of direct physical loss"
on a "special fonn" basis (or comparable coverage by whatever name denominated) for all
insurable improvements within the Common Area to the extent that the Association has asswned
responsibility in the event of a casualty, regardless of ownership. If such coverage is not
generally available at reasonable cost, then "broad fonn" coverage may be substituted. All
property insurance policies obtained by the Association shall have policy limits sufficient to
cover the full replacement costs of the insured improvements under current building ordinance
and codes;
(ii) Commercial general liability insurance on the Common Area
insuring the Association and its Members for damage or injury caused by the negligence of the
Association or any of its Members, employees, agents, or contractors while acting on its behalf.
If generally available at reasonable cost, such coverage (including primary and any wnbrella
coverage) shall have a limit of at least One Million dollars ($ 1,000,000.00) per occurrence with
respect to bodily injury, personal injury, and property damage; provided, should additional
coverage and higher limits be available at reasonable cost which a reasonably prudent person
would obtain, the Association shall obtain such additional coverages or limits. If the policy does
not contain "severability of interest" in its terms, the Association shall acquire an endorsement to
preclude the insurer's denial of a Property Owner's claim because of negligent acts of the
Association or of other Property Owners;
(iii) Workers compensation msurance and employers liability
insurance, if and to the extent required by law;
(iv) Directors and officers liability coverage with policy limits deemed
prudent by the Board;
Alpine Meadows
Declaration of Covenants, Conditions and Restrictions
Page 26
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(v) Commercial crime insurance, including fidelity insurance covering
all Persons responsible for handling Association funds in an amount detennined in the Board's
best business judgment but not less than an amount equal to one-fourth (1/4) of the annual Base
Assessments on all Property plus reserves on hand. Fidelity insurance policies shall contain a
wavier of all defenses based upon the exclusion of Person serving without compensatio~; and
(vi) Such additional insurance as the Board, in its best business
judgment, detennines advisable.
Premiwns for all insurance on the Common Area shall be assessed by the Board
as a Common Expense.
(b) Policv Requirements. The Association shall arrange for an annual
review of the sufficiency of its insurance coverage by one or more qualified Persons, at least one
of whom must be familiar with insurable replacement costs in the Lincoln County, Wyoming
area. All Association policies shall provide for a certificate of insurance to be furnished to the
Association and, upon request, to each Member insured.
The policies may contain a reasonable deductible, and the amount thereof shall
not be subtracted .trom the face amount of the policy in detennining whether the policy limits
satisfy the requirements of Section 8.3(a). In the event of an insured loss, the deductible shall be
treated as a Common Expense in the same manner as the premiums for the applicable insurance
coverage. However, if the Board reasonably detennines, after notice and an opportunity to be
heard in accordance with the Bylaws, that the loss is the result of the negligence or willful
misconduct of one or more Owners, their guests, invitees, or lessees, then the Board may assess
the full amount of such deductible against such Owner(s) and their Property as a Specific
Assessment.
All insurance coverage obtained by the Board shall:
of Wyoming;
(i) Be written with a company authorized to do business in the State
benefited parties.
(ii) Be written m the name of the Association as trustee for the
(iü) Not be brought into contribution with msurance purchased by
Owners, occupants, or their Mortgagees individually;
(iv) Contain an inflation guard endorsement;
insurance clause;
(v) Include an agreed amount endorsement if the policy contains a co-
(vi) Provide a waiver of subrogation under the policy against any
Owner or household member of an Owner;
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(vii) Include an endorsement precluding cancellation, invalidation,
suspension, or non-renewal by the insurer on account of anyone or more individual Owners, or
on account of any curable defect or violation without prior written demand to the Association to
cure the defect or violation and allowance of a reasonable time to cure;
OOO~64·;
,
(viii) Include an endorsement precluding cancellation, invalidation, or
condition to recovery under the policy on account of any act or omission of anyone or more
individual Owners, unless such Owner is acting within the scope of its authority on behalf of the
Association;
(ix) Provide that the policy will be primary, even if a Property Owner
has other insurance that covers the same loss.
In addition, the Board shall use reasonable efforts to secure insurance
policies which list the Owners as additional insureds and provide:
(i) A waiver of subrogation as to any claims against the Association's
Board, officers, employees, and its manager, its attorneys, the Owners and their tenants, servants,
agents, and guests;
(ii) A waiver of the insurer's rights to repair and reconstruct instead of
paying cash;
(iii) An endorsement excluding Owners' individual policies from
consideration under any "other insurance" clause;
(iv) An endorsement requiring at least thirty (30) days' prior written
notice to the Association of any cancellation, substantial modification, or non-renewal;
(v) A provision vesting in the Board exclusive authority to adjust
losses; provided, however, no Mortgagee having an interest in such losses may be prohibited
from participating in the settlement negotiations, if any related to the loss.
(c) Restorine Damaeed Improvements. In the event of damage to or
destruction of property which the Association is obligated to insure, the Board or its duly
authorized agent shall file and adjust all insurance claims and obtain reliable and detailed
estimates of the cost of repairing or restoring the property to substantially the condition in which
it existed prior to the damage, allowing for changes or improvements necessitated by changes in
applicable building codes.
Damaged improvements on the property shall be repaired or reconstructed unless
at least seventy-five percent (75%) of Members, if any, agree in writing to discontinue such
operation.
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Except as provided above, the Common Area shall not be reduced by amendment
of this Declaration or any other means except with the prior written approval of the Founder as
long as the Founder owns any property described on Exhibit "A" of this Declaration.
The costs associated with maintenance, repair and replacement of the Common
Area shall be a Common Expense; provided, the Association may seek reimburseme~t from the
Owner(s) of, or other Person responsible for, certain portions of the Common Area pursuant to
this Declaration, the Covenant to Share Costs, other recorded covenants, or agreements with the
Owner(s) thereof.
Policies secured on behalf of a Neighborhood shall be for the benefit of the
Owners within the Neighborhood and their Mortgagees, as their interest may appear.
Damaged improvements on the Common Area shall be repaired or reconstructed
unless at least seventy-five percent (75%) of the total votes in the Association decide within sixty
(60) days after the loss not to repair or reconstruct. If either the insurance proceeds or estimates
of the loss, or both, are not available to the Association within such sixty (60) day period, then
the period shall be extended until such funds or information are available. However, such
extension shall not exceed sixty (60) additional days. No Mortgagee shall have the right to
participate in the determination of whether the damage or destruction to the Common Area shall
be repaired or reconstructed.
If a decision is made not to restore the damaged improvements, and no alternative
improvements are authorized, the affected property shall be cleared of all debris and ruins and
thereafter shall be maintained by the Association in a neat and attractive, landscaped condition
consistent with the Community-Wide Standard.
Any insurance proceeds remaining after paying the costs of repair or
reconstruction, or after such settlement as is necessary and appropriate, shall be retained by the
Association for the benefit of its Members or the Owners of Residential Properties as
appropriate, and placed in a capital improvements account.
If insurance proceeds are insufficient to cover the costs of repair or
reconstruction, the Board may, without a vote of the Members, levy Special Assessments to
cover the shortfall against those Owners responsible for the premiums for the applicable
insurance coverage under Section 8.3(a).
8.4 Compliance and Enforcement. Every Owner and occupant of a Property shall
comply with the Governing Documents. The Board may impose sanctions for violation of the
Governing Documents after notice and a hearing in accordance with the procedures set forth in
the Bylaws. Such sanctions may include, without limitation:
(a) Imposing reasonable monetary fines (which shall not, except in the case of
nonpayment of assessments or the fine so imposed, constitute a lien upon the violator's
Property). In the event that any occupant, guest or invitee of a Property violates the Governing
Documents and a fine is imposed, the fine shall first be assessed against the violator; provided
Alpine Meadows
Declaration of Covenants, Conditions and Restrictions
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however, if the fine is not paid by the violator within the time period set by the Board, the Owner
shall pay the fine upon notice from the Board. The fine, in either circumstance, shall be a
Specific Assessment against the Owner;
(b) Suspending an Owner's right to vote;
(c) Suspending any Person's right to use any Common Area within the
Properties; provided, however, nothing herein shall authorize the Board to limit ingress or egress
to or from a Property;
(d) Suspending any services provided by the Association to an Owner or the
Owner's Property if the Owner is more than thirty (30) days delinquent in paying any assessment
or other charge owed to the Association;
(e) Exercising self-help or taking action to abate any violation of the
Governing Documents in a non-emergency situation;
(f) Requiring an Owner, as its own expense, to remove any structure or
improvements on such Owner's Property in violation of Article V and to restore the Property or
any structure located thereon to is previous condition and, upon failure of the Owner to do so, the
Board or its designee shall have the right to enter the property, remove the violation and restore
the property to substantially the same condition as previously existed and any such action shall
not be deemed a trespass. Any costs incurred by the Board in bringing a non-confirming
Property or any structure located thereon into compliance shall be a Specific Assessment;
(g) Without liability to any Person, precluding any contractor, subcontractor,
agent, employee or other invitee of an Owner who fails to comply with the tenns and provisions
of Article N and the Design Guidelines from continuing or performing any further activities in
the Properties; and
(h) Levying Specific Assessments to cover costs incurred by the Association
to bring a Property into compliance with the Govenùng Documents.
In addition, the Board may take the following enforcement procedures to ensure
compliance with the Governing Documents without the necessity of compliance with the
procedures set forth in the Bylaws:
(i) Exercising self-help in any emergency situation (specifically
including, but not limited to, the towing of vehicles that are in violation of parking rules and
regulations); and
(ii) Bringing suit at law or in equity to enjoin any violation or to
recover monetary damages or both.
In addition to any other enforcement rights, if an Owner fails to properly perfonn
his or her maintenance responsibility, the Association may record a notice of violation in the
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0923135
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Public Records or perform such maintenance responsibilities and assess all costs incurred by the
Association against the Property and the Owner as a Specific Assessment. If a Neighborhood
Committee fails to perform its maintenance responsibilities, the Association may perform such
maintenance and assess the costs as a Specific Assessment against all within such Neighborhood.
Except in an emergency situation, the Association shall provide the Owner or Nei~borhood
Committee reasonable notice and an opportunity to cure the problem prior to taking enforcement
action authorized herein.
All remedies set forth in the Governing Documents shall be cumulative of any
remedies available at law or in equity. In any action to enforce the Governing Documents, if the
Association prevails, it shall be entitled to recover all costs, including, without limitation,
attorneys' fees and court costs, reasonably incurred in such action.
The Association shall not be obligated to take any action if the Board reasonably
determines that the Association's position is not strong enough to justify taking such action.
Such a decision shall not be construed as a waiver of the right of the Association to enforce such
provision at a later time under other circumstances nor shall it estop the Association from
enforcing any other covenant, restriction or rule.
The Association, by contract or other agreement, may enforce applicable county
regulations, if applicable, and permit Lincoln County, Wyoming or the Town of Alpine,
Wyoming, as may be applicable, to enforce regulations within the Properties for the benefit of
the Association and its Members.
8.5 Implied Riehts: Board Authoritv. The Association may exercise any right or
privilege given to it expressly by the Governing Documents, or reasonably implied from or
reasonably necessary to effectuate any such right or privilege. Except as otherwise specifically
provided in the Governing Documents, or by law, all rights and powers of the Association may
be exercised by the Board without a vote of the membership.
8.6 Indemnification of Officers. Directors and Others. The Association shall
indemnify every officer, director, and committee member against all damages and expenses,
including counsel fees, reasonably incurred in connection with any action, suit, or other
proceeding (including settlement of any suit or proceeding, if approved by the then Board) to
which he or she may be a party by reason of being or having been an officer, director, or
committee member, except that such obligation to indemnify shall be limited to those actions for
which liability is limited under Wyoming law and the Bylaws.
8.7 Enhancement of Safety. The Association may provide for a security patrol
within the Properties, and the Association may, but shall not be obligated to, maintain or support
certain other activities within the Properties designed to enhance the safety of the Properties.
Neither the Association nor the Founder shall in any way be considered insurers or guarantors of
security within the Properties, nor shall either be held liable for any loss or damage by reason of
failure to provide adequate security or ineffectiveness of security measures undertaken. No
representation or warranty is made that any patrol, systems, or measures, including any
mechanism or system for limiting access to the Properties, cannot be compromised or
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Declaration of Covenants, Conditions and Restrictions
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circumvented, nor that any such patrol, systems, or security measures undertaken will in all cases
prevent loss or provide the detection or protection for which the patrol or system is designed or
intended. Each Owner acknowledges, understands and covenants to inform its tenants and all
occupants of its Property that the Association, its Board and committees, and the Founder are not
insurers of safety and that each Person using the Properties assumes all risks of personal injury
and loss or damage to property, including the Property and the contents of their 'Property,
resulting from acts of third parties.
8.8 Powers of the Association Relatinl! to Neil!hborhoods. The Association shall
have the power to veto any action taken or contemplated to be taken by a Neighborhood
Committee, if any, which the Board reasonably detennines to be adverse to the interests of the
Association or it Members or inconsistent with the Community-Wide Standard. The Association
also shall have the power to require specific action to be taken by any Neighborhood Committee
in connection with its obligations and responsibilities, such as requiring specific maintenance or
repairs or aesthetic changes to be effectuated and requiring that a proposed budget include
certain items and that expenditures be made therefore.
A Neighborhood Committee shall take appropriate action required by the Association in a
written notice within the reasonable time frame set by the Association in the notice. If the
Neighborhood Committee fails to comply, the Association shall have the right to effect such
action on behalf of the Neighborhood Committee and levy Specific Assessments to cover the
costs, as well as an administrative charge and sanctions.
8.9 Provision of Services. The Association shall be authorized but not obligated to
enter into and terminate, in the Board's discretion, contracts or agreements with other entities,
including Founder, to provide services to and facilities for the Members of the Association and
their guests, lessees and invitees and to charge use and consumption fees for such services and
facilities. By way of example, some services and facilities which might be offered include
landscape maintenance, pest control, utilities, and similar services and facilities.
8.10 Consolidation of Services. The Association is encouraged to consolidate local
service providers so as to minimi7.e traffic and other impacts to the Properties.
ARTICLE IX - ASSOCIATION FINANCES
9.1 Budl!etinl! and Allocatinl! Common Expenses. At least sixty (60) days before
the beginning of each fiscal year, the Board shall prepare a budget of the estimated Common
Expenses, including any and all expenses associated with the enhancement of safety and the
provision of services as set forth in Sections 8.7 and 8.9, for the coming year, including any
contributions to be made to a reserve fund pursuant to Section 9.3. The budget shall also reflect
the sources and estimated amounts of funds to cover such expenses, which may include anyosurplus to be applied from prior years, any income expected from sources other than assessments
levied against the Properties and the amount to be generated through the levy of Base
Assessments and Special Assessments against each.
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DeclaratioD of Covenants, Conditions and Restrictions
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0923138
The Association is hereby authorized to levy Base Assessments against allOOAilifi.~
subject to assessment under Section 9.7 to fund the Common Expenses. Such assessments shall
be uniform as among each of the like Properties (i.e. Single-Family Residential Properties,
Mixed Use Properties and Business Park Properties) although assessments do not have to be
uniform as between Properties. In determining the Base Assessment rate per Property,. the Board
may consider any assessment income expected to be generated from any additionai Property
reasonably anticipated becoming subject to assessment during the fiscal year.
The Founder may, but shall not be obligated to, reduce the Base Assessment for any
fiscal year by payment of a subsidy (in addition to any amounts paid by Founder under Section
9.8(b)), which may be either a contribution, an advance against future assessments due from the
Founder, or a loan, all in the Founder's sole discretion and without obligation. Any such subsidy
shall be disclosed as a line item in the income portion of the budget. The payment of such
subsidy in any year shall not obligate the Founder to continue payment of such subsidy in future
years, unless otherwise provided in a written agreement between the Association and the
Founder.
The Board shall send a copy of the final budget, together with notice of the amount of the
Base Assessment to be levied pursuant to such budget, to each Owner not less than forty-five
(45) nor more than sixty (60) days prior to the effective date of such budget; provided, however,
if the Base Assessment is increased from the previous year's Base Assessment, the Board shall
send notice of the increase by first class mail to the Owners not less than thirty (30) nor more
than sixty (60) days prior to the increased Base Assessment becoming due. Such budget and
assessment shall automatically become effective unless objected to in writing by an Owner
within 10 days of Owner's receipt of the budget.
Failure of the members to approve a budget or failure of the Board to fix assessment
amounts or rates or to deliver or mail each Owner an assessment notice shall not be deemed a
waiver, modification, or a release of any Owner from the obligation to pay assessments. In such
event, each Owner shall continue to pay assessments on the same basis as for the last year for
which an assessment was made, if any, until a new assessment is made, at which time the
Association may retroactively assess any shortfalls in collections.
The Board may revise the budget and adjust the Base Assessment from time to time
during the year, subject to the notice requirements and the limitations on increases of
assessments provided for in Section 9.6.
9.2 Budeetine and Allocatine Neiehborhood Exoenses. At least sixty (60) days
before the beginning of each fiscal year, the Board shall prepare a separate budget covering the
estimated Neighborhood Expenses for each Neighborhood, if any, on whose behalf
Neighborhood Expenses are expected to be incurred during the coming year. Each such budget
shall include any costs for additional services or a higher level of services which the Owners in
such Neighborhood have approved pursuant to Section 7.4 and any contribution to be made to a
reserve fund pursuant to Section 9.3. The budget shall also reflect the sources and estimated
amounts of funds to cover such expenses, which may include any surplus to be applied from
prior years, any income expected from sources other than assessments levied against the
Alpine Meadows
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Residential Properties, and the amount required to be generated through the levy of
Neighborhood and Special Assessments against the Properties in such Neighborhood.
The Association is hereby authorized to levy Neighborhood Assessments equally against
all Properties which are subject to assessment under Section 9.7 to fund Neighborhood Expenses;
provided, if so specified in the applicable Supplemental Declaration or if so directed by petition
signed by a majority of the Owners within the Neighborhood, any portion of the assessment
intended for exterior maintenance of structures, insurance on structures, or replacement reserves
which pertain to particular structures shall be levied on each of the benefited Properties in
proportion to the benefit received.
The Board shall cause a copy of the Neighborhood budget and notice of amount of the
Neighborhood Assessment for the coming year to be delivered to each Owner in the
Neighborhood not less than forty-five (45) nor more than sixty (60) days prior to the beginning
of the fiscal year; provided, however, if the Neighborhood Assessment is increased from
previous year's Neighborhood Assessment, the Board shall send notice of the increase by the
first class mail to the Owners not less than thirty (30) nor more than sixty (60) days prior to the
increased Neighborhood Assessment becoming due. Such Neighborhood budget and
Neighborhood Assessment shall automatically become effective unless subject to the limitation
on increases of assessments provided for in Section 9.6 or disapproved in accordance with the
Bylaws.
Failure of the Members to approve a Neighborhood Assessment or failure of the Board to
fix assessment amounts or rates or to deliver or mail each Owner an assessment notice shall not
be deemed a waiver, modification, or a release of any Owner from the obligation to pay
assessments. In such event, each Owner shall continue to pay Neighborhood Assessments on the
same basis as for the last year for which an assessment was made, if any, until a new assessment
is made, at which time the Association may retroactively assess any shortfalls in collections.
The Board may revise the budget for any Neighborhood and the amount of any
Neighborhood Assessment fonn time to time during the year, subject to the notice requirements
and the limitations on increases of assessments provided for in Section 9.6.
9.3 Bude:etine: for Reserves. The Board shall prepare and review at least annually a
reserve budget for the Common Area and other assets of the Association and for each
Neighborhood, if any, for which the Association maintains capital items as a Neighborhood
Expense. The budgets shall take into account the number and nature of replaceable assets, the
expected life of each asset, and the expected repair or replacement cost. The Board shall include
in the Common Expense budget adopted pursuant to Section 9.1 or the Neighborhood Expense
budgets adopted pursuant to Section 9.2, as appropriate, a capital contribution to fund reserves in
an amount sufficient to meet the projected need with respect both to amount and timing by
annual contributions over the budget period.
9.4 Special Assessments. In addition to other authorized assessments, the
Association may, subject to the limitations of Section 9.6, levy Special Assessments to cover
unbudgeted expenses or expenses in excess of those budgeted. Any such Special Assessment
Alpine Meadows
Declaration of Covenants, Conditions and Restrictions
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09231ðß
may be levied against the entire membership, if Special Assessment is for Common Expenses, or
against an individual Property or Properties if such Special Assessment is for an unbudgeted
expense relating to less than all of the Properties. Special Assessments shall be payable in such
manner and at such times as detennined by the Board, and may be payable in installments
extending beyond the fiscal year in which the Special Assessment is approved. The Board shall
provide notice of the Special Assessment by first class mail to the Owners not less 'than thirty
(30) nor more than sixty (60) days prior to the Special Assessment becoming due.
9.5 Specific Assessments. The Association shall have the power to levy Specific
Assessments against a particular Property as follows:
(a) Costs, including overhead and administrative costs, of providing services
to a Property upon request of an Owner pursuant to any menu of special services which may be
offered by the Association (which might include items identified in Section 8.9). Specific
Assessments for special services may be levied in advance of the provision of the requested
service; and
(b) To cover costs incurred in bringing a nonconfonning Property into
compliance with the Governing Documents, or costs incurred as a consequence of the conduct of
the Owner or occupants of a nonconfonning Property, their agents, contractors, employees,
licensees, invitees, or guests; provided, the Board shall give the nonconfonning Property Owner
prior written notice and an opportunity for a hearing, in accordance with the Bylaws, before
levying any Specific Assessment under this subsections (b).
The Association may also levy a Specific Assessment against a Property within
any Neighborhood to reimburse the Association for costs incurred in bringing the Neighborhood
into compliance with the provisions of the Governing Documents, provided the Board gives prior
written notice of the assessment to the Owners in the Neighborhood and an opportunity for such
Owners to be heard before levying any such assessment.
9.6 Limitation of Increases of Assessments. Notwithstanding any provision to the
contrary, and except for assessment increases necessary for emergency situations or to reimburse
the Association pursuant to Section 9.5, the Board may not impose a Base Assessment or a
Neighborhood Assessment that is more than twenty percent (20%) greater than each of those
assessments for the immediately preceding fiscal year, nor impose a Special Assessment which
in the aggregate exceeds five percent (5%) of the budgeted Common Expenses for the current
fiscal year, without a majority vote of a quorum of the Members which are subject to the
applicable assessment at a meeting of the Association, or action without meeting by written
ballot in lieu thereof be conformance with the Wyoming Business Corporations Act signed by all
of the Members of the Association.
For purposes of this Section, "quorum" means more than fifty percent (50%) of the total
voting power of the Association subject to the applicable assessment. For purposes of this
Section, the term "Base Assessment" shall be deemed to include the amount assessed against
each Property plus a pro rata allocation of any amounts the Association received through any
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Declaration of Covenants, Conditions and Restrictions
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0923138
subsidy or maintenance agreement, if any, in effect for the year immediately preceding the year
for which the assessment is to be increased.
An emergency situation is anyone of the following:
(a) An extraordinary expense required by an order of a court;
(b) An extraordinary expense necessary to repair or maintain the Properties or
any part of them for which the Association is responsible where a threat to personal safety on the
Properties is discovered; or
(c) An extraordinary expense necessary to repair or maintain the Properties or
any part of them for which the Association is responsible which could not have been reasonably
foreseen by the Board in preparing and distributing the pro fonna budget pursuant to Section 9.1.
However, prior to the imposition or collection of such an assessment, the Board shall pass a
resolution containing written findings as to the necessity of the extraordinary expense involved
and why the expense was not or could not have been reasonably foreseen in the budgeting
process. Such resolution shall be distributed to the Members with the notice of such assessment.
9.7 Authority to Assess Owners: Date of Commencement of Assessments: Time
of Payment. The Founder hereby establishes and the Association is authorized to levy
assessments as provided for in this Article and elsewhere in the Governing Docwnents. Subject
to Section 9.1 and 9.8, the obligation to pay the assessments provided for herein shall commence
as to all Properties on the first day of the month following the first conveyance of Properties to
an Owner. The first annual assessment shall be adjusted according to the nwnber of days
remaining in the fiscal year at the time assessments commence on the Property.
Assessments shall be paid in such manner and on such dates as the Board may establish.
The Board may require advance payment of assessments at closing of the transfer of title to a
Property and impose special requirements for Owners with a history of delinquent payment. If
the Board so elects, assessments may be paid in two or more installments. Unless the Board
otherwise provides, the Base Assessment and any Neighborhood Assessment shall be due and
payable in advance on the first day of each fiscal year. If any Owner is delinquent in paying any
assessments or other charges levied on his or her Property, the Board may require the
outstanding balance on all assessments to be paid in full immediately.
9.8 Personal Oblil!ation.
(a) Each Owner, by accepting a deed or entering into a recorded contract of
sale for any portion of the Properties, is deemed to covenant and agree to pay all assessments
authorized in the Governing Docwnents. All assessments, together with interest (computed fÌom
its due date at a rate of eighteen percent (18%) per annwn or such other rate as the Board may
establish, subject to the limitations of Wyoming law), late charges as detennined by Board
resolution, costs, and reasonable attorneys' fees, shall be the personal obligation of each Owner
and a lien upon each Property until paid in full. Upon a transfer of title to a Property, the grantee
shall not be personally liable for any assessments and other charges due at the time of
Alpine Meadows
Declaration of Covenants, Conditions and Restrictions
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conveyance unless expressly assumed by himlher, but such transferred Property shall remain
subject to any liens imposed upon it pursuant to Section 9.9 herein. No first Mortgagee who
obtains title to a Property by exercising the remedies provided in its Mortgage shall be liable for
unpaid assessments which accrued prior to such acquisition of title.
,
Failure of the Board to fix assessment amounts or rates or to deliver or'mail each
Owner an assessment notice shall not be deemed a waiver, modification, or a release of any
Owner :tTom the obligation to pay assessments. In such event, each Owner shall continue to pay
Base Assessments and Neighborhood Assessments on the same basis as during the last year for
which an assessment was made, if any, until a new assessment is levied, at which time the
Association may retroactively assess any shortfalls in collections.
No Owner may exempt himself :tTom liability for assessments by non-use of
Common Area, abandonment of his Property or any other means. The obligation to pay
assessments is a separate and independent covenant on the part of each Owner. No diminution
or abatement of assessments or set-off shall be claimed or allowed for any alleged failure of the
Association or Board to take some action or perfonn some function required of it, or for
inconvenience or discomfort arising :tTom the making of repairs or improvements, or :tTom any
other action it takes.
The Association shall, upon request, furnish to any Owner liable for any type of
assessment a certificate in writing signed by an Association officer setting forth whether such
assessment has been paid. Such certificate shall be conclusive evidence of payment. The
Association may require the advance payment of a reasonable processing fee for the issuance of
such certificate.
(b) Founder's Obli2ations for Assessments. The Founder is subject to the
payment of assessments against Properties which it owns; provided, however, any Property that
the Founder owns which does not include a structural improvement for human occupancy shall
be exempt :tTom payment of that portion of any such assessment which is for the purpose of
de:tTaying expenses and reserves directly attributable to the existence and the use of the structural
improvements. The exemption may include, but is not necessarily limited to refuse disposal.
The Founder shall also be exempt :tTom the payment of that portion of any
assessment which is for the purpose of de:tTaying expenses and reserves directly attributable to
the existence and use of any Common Area that is not complete at the time assessments
commence. Any exemption :tTom the payment of assessments attributed to the Common Area
shall be in effect only until such area has been placed into use.
The Association is specifically authorized to enter into subsidy contracts or
contracts for "in kind" contribution of services, materials, or a combination of services and
materials with the Founder or other entities for payment of Common Expenses subject to the
Bylaws. The Founder's payment of assessments may be reduced or abated by the agreed value
of any such services or materials provided by Founder, in accordance with any such contract or
agreement with the Association.
Alpine Meadows
Declaration of Covenants, Conditions and Restrictions
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9.9 Lien for Assessments. The Association shall have a lien against each Property to
secure payment of delinquent assessments, as well as interest, late charges (subject to the
limitations of Wyoming law), and costs of collection (including attorneys' fees). Such lien shall
be superior to all other liens, except (a) the liens of all taxes, bonds, assessments, and other levies
which by law would be superior, and (b) the lien or charge of any fIrst Mortgage.of record
(meaning any recorded Mortgage with first priority over other Mortgages) made in good faith
and for value. Such lien, when delinquent, may be enforced by suit, judgment, and judicial or
non-judicial foreclosure as provided for by Wyoming law.
The sale or transfer of any Property shall not affect the assessment lien or relieve such
Property ITom the lien for any subsequent assessments. However, the sale or transfer of any
Property pursuant to foreclosure of the fIrst Mortgage shall not extinguish the lien as to any
installments of such assessments due prior to the Mortgagee's foreclosure, such liens to become
a defIciency judgment against the foreclosed owner. The subsequent Owner to the foreclosed
Property shall not be personally liable for assessments on such Property due prior to such
acquisition of title. Such unpaid assessments shall be deemed to be Common Expenses
collectible ITom Owners of all Properties subj ect to assessment under Section 9.7, including such
acquirer, its successors and assigns.
9.10 Exempt Property. The following property shall be exempt ITom payment of
Base Assessments, Neighborhood Assessments, and Special Assessments:
(a) Any property dedicated to and accepted by any governmental authority,
special improvement district or public utility; and
(b) Any property owned by the Founder and used for sales, resales or
aclrninistration pwposes.
Alpine Meadows
Declaration of Covenants, Conditions and Restrictions
Page 38
PART FOUR: COMMUNITY DEVELOPMENT
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ARTICLE X - EXPANSION OF THE COMMUNITY
10.1 Expansion bv the Founder.
Until the Founder has sold 90% of the Properties subject to this Declaration to buyers
unaffiliated with Founder, or three years from the date this instrument is recorded in the land
records of Lincoln County, Wyoming, whichever period is longer, the Founder may annex
additional properties into the regime of this Declaration provided such property is contiguous to
the properties currently contiguous to this Declaration. Such annexation shall be accomplished
by filing a Supplemental Declaration in the Public Records describing the property to be annexed
and specifically subjecting it to the tenns of this Declaration. Such Supplemental Declaration
shall not require the consent of Members, but shall require the consent of the owner of such
property, if other than Founder. Any such annexation shall be effective upon the filing for record
of such Supplemental Declaration unless otherwise provided therein.
10.2 Additional Covenants and Easements. The Founder may subject any portion of
the Properties to additional covenants and easements, including covenants obligating the
Association to maintain and insure such property and authorizing the Association to recover its
costs through the various Assessments as provided for herein. Such additional covenants and
easements may be set forth either in a Supplemental Declaration subjecting such property to this
Declaration or in a separate Supplemental Declaration referencing property previously subjected
to this Declaration. If the property is owned by someone other than Founder, then the consent of
the owner(s) shall be necessary and shall be evidenced by their execution of the Supplemental
Declaration. Any such Supplemental Declaration may supplement, create exceptions to, or
otherwise modify the tenns of this Declaration as it applies to the subject property in order to
reflect the different character and intended use of such property.
10.3 Effect of Filin! Supplemental Declarations. Any Supplemental Declaration
filed pursuant to this Article shall be effective upon recording in the Public Records unless
otherwise specified in such Supplemental Declaration. On the effective date of the Supplemental
Declaration, any additional property subjected to this Declaration shall be assigned voting rights
in the Association and assessment liability in accordance with the provisions of this Declaration.
Any additional property subjected to this Declaration may be, but is not required to be, made a
part of a Neighborhood hereunder and subject to Neighborhood Assessments.
10.4 Bud!et Considerations. As additional property is annexed to the Properties
pursuant to this Article X, the budget of the Association may be affected, as well as assessment
obligations of the Owners as a result thereof. In this event, any budget affecting the assessment
obligations of the Owners shall be recalculated as of the end of the Association's fiscal year in
which the additional property was annexed into the Association.
Alpine Meadows
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ARTICLE XI - ADDITIONAL RIGHTS RESERVED TO FOUNDER
11.1 Withdrawal of Property. The Founder reserves the right to amend this
Declaration so long as it has a right to annex additional property pursuant to Article X, without
prior notice and without the consent of any Person, for the purpose of removing property then
owned by the Founder, its affiliates, or the Association fÌ'om the coverage of this Decl~ation, to
the extent originally included in error or as a result of any changes in the Founder's plans for the
Properties or the Plat, provided such withdrawal is not unequivocally contrary to the overall,
unifonn scheme of development for the Properties.
11.2 Marketinl! and Sales Activities. The Founder may maintain and carry out upon
portions of the Common Area, and any Properties owned by Founder such facilities and
activities as, in the sole opinion of the Founder, may be reasonably required, convenient, or
incidental to the sale of Properties, including, but not limited to, signs, construction of sales
pavilions and other fonns of advertising.
The Founder shall also have the right to conduct marketing and sales activities on all
property that it owns. The Founder shall have easements for access over the Properties to and use
of such facilities together with the right to attract, invite or bring prospective purchasers of
Properties into any Property owned by Founder at all times.
11.3 Ril!ht to Develop. The Founder and its employees, agents and designees shall
have a right of access and use and an easement over and upon all of the Common Area for the
pwpose of making, constructing and installing such improvements to the Common Area and any
Property as the Founder deems appropriate in its sole discretion. The Founder agrees that it or
the Person exercising such easement shall be responsible for any damage caused to the Common
Area as a result of the exercise of the easement.
Every Person that acquires any interest in the Properties acknowledges that Alpine
Meadows is a master planned community, the development of which is likely to extend over
many years, and agrees not to protest, challenge or otherwise object to (a) changes in uses or
density of property outside the Neighborhood in which such Person holds an interest, or (b)
changes in the Plat as it relates to property outside the Neighborhood in which such Person holds
an interest.
11.4 Ril!ht to Approve Additional Covenants. So long as Founder owns any
property described on Exhibit "A", no Person shall record any declaration of covenants,
conditions and restrictions, or declaration of condominium or similar instrument affecting any
portion of the Properties without Founder's review and written consent. Any attempted
recordation without such consent shall result in such instrument being void and of no force and
effect unless subsequently approved by written consent signed by the Founder and recorded in
the Public Records.
11.5 Ril!ht to Approve Chanl!es in Community Standards. No amendment to or
modification of any Master Rules and Regulations or Design Guidelines shall be effective
without prior notice to and the written approval of Founder so long as the Founder owns property
Alpine Meadows
Declaration of Covenants, Conditions and Restrictions
Page 40
os99rM7.
subject to this Declaration or which may become subject to this Declaration in accordance with
Section 10.1.
11.6 Ril!ht to Transfer or Assil!n Founder Ril!hts. Any or all of the special rights
and obligations of the Founder set forth in this Declaration may be transferred in whole or in part
to other Persons; provided, the transfer shall not reduce an obligation or enlarge a right beyond
that which the Founder has under this Declaration. No such transfer or assignment shall be
effective unless it is in a written instrument signed by the Founder and duly recorded in the
Public Records. The foregoing sentence shall not preclude Founder from pennitting other
Persons to exercise, on a one-time or limited basis, any right reserved to Founder in this
Declaration where Founder does not intend to transfer such right in its entirety, and in such case
it shall not be necessary to record any written assignment unless necessary to evidence Founder's
consent to such exercise.
11.7 Exclusive Ril!hts to Use Name of Development. No Person shall use the name
"Alpine Meadows" or any derivative of such name in any printed or promotional material
without the Founder's prior written consent. However, Owners may use the name "Alpine
Meadows" in printed or promotional matter where such term is used solely to specify that
particular property is located within Alpine Meadows, and the Association shall be entitled to
use the words "Alpine Meadows" in its name.
11.8 Special Districts: Dedication to Governmental Enti~.
(a) The Founder hereby reserves the right to create an assessment, water, road
or any other type of special district or improvement service district which, in its sole opinion, are
beneficial to the Properties. The Association and each and every Owner, by accepting a deed to
a Property, agrees to cooperate with Founder in creating and implementing such district.
Nothing in this Section shall create an obligation on Founder to create or implement such
districts.
(b) The Founder hereby reserves the right to transfer and/or dedicate all or any
portion of its rights in and to the Common Areas, including the Road Lots and/or the Roadway
System, to a governmental entity or special district if Founder believes such transfer or
dedication is beneficial to the Properties. Any portion of the Common Areas that is transfered to
a Special District or dedicated to a Governmental Entity shall no longer be designated as
Common Area. The Association and each and every Owner, by accepting a deed to a Property,
agrees to cooperate with Founder in creating and implementing such transfer or dedication.
11.9 Ril!ht to Reclassify Propertv. Founder hereby reserves the right to reclassify all
or a portion of any properties in a particular land classification pursuant to Article ill herein
provided Founder owns all of the properties in that land classification or Founder receives
written pennission to reclassify the subject properties from the other owners of properties in that
land classification. Such reserved right shall include the right to amend the Plat.
11.10 Ril!ht to Amend Plat. Founder hereby reserves the right to amend the Plat to
provide for the orderly development of the Properties as determined by the Founder. By
Alpine Meadows
Declaration of Covenants, Conditions and Restrictions
Page 41
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accepting a deed for their Property, an Owner acknowledges the Founder's rights set forth in this
Section 11.10 and expressly consents thereto.
11.11 Ril!ht to Dedicate Land to Lincoln County School District. Founder hereby
reserves the right to dedicate up to eight acres of land, or the minimum size required b;y the State
of Wyoming or applicable governmental entity, currently designated as Park land on the Plat to
Lincoln County School District for use as a school site.
11.12 Ril!ht to Appoint Members of Board. Neil!hborhood Committees and
Architectural Review Committee. The Founder hereby reserves the right to appoint all
members of the Board of Directors of the Association, the Neighborhood Committees, and the
Architectural Review Committee.
11.13 Termination of Ril!hts. The rights contained in this Article, except for
Founder's right to maintain a permanent sales office on the Property, shall not terminate until the
later of three years fÌ'om the date this instrument is recorded in the land records or Lincoln
County, Wyoming or the recording by Founder of a written statement that eighty percent (80%)
of the Properties have been sold to owners not affiliated with Founder, whichever period is
longer. Founder may fÌ'om time to time relinquish and surrender one or more but less than all of
the reserved rights, in which event the unrelinquished reserved rights shall remain fully valid and
effective for the remainder of the term thereof
Alpine Meadows
Declaration of Covenants, Conditions and Restrictions
Page 42
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PART FIVE: PROPERTY RIGHTS WITHIN THE COMMUNITY
The nature of living in a planned community requires the creation of special property rights and
provisions to address the needs and responsibilities of the Owners, the Founder, the Association,
and others within or adjacent to the community.
ARTICLE XII - EASEMENTS
12.1 Easements in Common Area. The Founder grants to each Owner a
nonexclusive right and easement of use, access, and enjoyment in and to the Common Area,
subject to:
(a) The Governing Documents and any other applicable covenants;
(b) Any restrictions or limitation contained in any deed conveying such
property to the Association;
(c) The right of the Board to adopt rules regulating the use and enjoyment of
the Common Area, including rules limiting the number of guests who may use the Common
Area;
(d) The right of the Board to suspend the right of an Owner to use recreational
facilities within the Common Area (i) for any period during which any charge against such
Owner's Property remains delinquent, and (ii) for a period not to exceed thirty (30) days for a
single violation or for a longer period in the case of any continuing violation of the Governing
Documents after notice and a hearing pursuant to the Bylaws;
(e) The right of use and enjoyment of the Common Area to the members of
his or her family, lessees, and social invitees, as applicable, subject to reasonable regulation by
the Board. An Owner who leases his or her Property shall be deemed to have assigned all such
rights to the lessee of such Property for the period of the lease.
12.2 Easements for Draina!!e. Utilities. Roads. Snow Stora!!e. Etc.
(a) All dedications, limitations, restrictions and reservations of easements,
including those for drainage, shown on the Plat are incorporated herein by reference and made a
part of this Declaration for all purposes as if fully set forth in this Declaration.
(b) The Founder reserves for itself, so long as the Founder owns any property
described on Exhibit "A" of this Declaration, and grants to the Association and all utility
providers, perpetual non-exclusive easements within the Road Lots, the Roadway System and
easement areas described on the Plat for the Properties (but not through a structure) to the extent
reasonable necessary for the purpose of:
Alpine Meadows
Declaration of Covenants, Conditions and Restrictions
Page 43
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(i) Installing utilities, roadways and other infrastructure, including
without limitation, cable and other systems for sending and receiving data and/or other electronic
signals; security and similar systems; roads, walkways, pathways and trails; drainage systems
and signage; to serve the Properties;
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(ii) Inspecting, maintaining, repairing and replacing such utilities and
infrastructure to serve the Properties; and
(iii) Access to read utility meters.
(c) Founder also reserves for itself the non-exclusive right and power to grant
and record in the Public Records such specific easements as may be necessary, in the sole
discretion of Founder, in connection with the orderly development of any property described on
Exhibit "A" and all adjacent properties; including, but not limited to the right to grant to a
governmental entity, to a special improvement district, or to any person non-exclusive easements
over the Roadway System and/or title to the Road Lots.
(d) All work associated with the exercise of the easements described in
subsections (b) and (c) of this Section shall be perfonned in such a manner as to minimize
interference with the use and enjoyment of the property burdened by the easement. Upon
completion of the work, the Person exercising the easement shall restore the property, to the
extent reasonably possible, to its condition prior to the commencement of the work. The
exercise of these easements shall not extend to permitting entry into the structures on any
Property nor shall it unreasonably interfere with the use of any Property and, except in an
emergency, entry onto any Property shall be made only after reasonable notice to the Owner or
occupant.
(e) All Properties and the Common Area are burdened with a snow storage
and drainage easement to provide for the orderly removal and storage by the Association of snow
from the Common Area and the associated drainage from any melting thereof.
12.3 Easements to Serve Additional ProDertv. The Founder hereby reserves for
itself and its duly authorized agents, successors, assigns, and mortgagees, an easement over the
Common Area, the Road Lots and the Roadway System for the purposes of enjoyment, use,
access, and development of any property annexed into the development and/or any property that
is adjacent to the Property, whether or not such property is made subject to the Declaration. This
easement includes, but is not limited to, a right of ingress and egress over the Common Area, the
Road Lots and the Roadway System for construction of roads and for connecting and installing
utilities on such property.
12.4 Easements for Maintenance. Emereencv and Enforcement. The Founder
grants to the Association easements over the Common Areas and Properties as necessary to
enable the Association to fulfill its maintenance responsibilities in Article VI and under Section
8.2. The Association shall also have the right, but not the obligation, to enter upon the Common
Area and any Property but not to enter any structure thereon, for emergency, security, and safety
reasons, to perfonn maintenance and to inspect for the purpose of ensuring compliance with and
Alpine Meadows
Declaration of Covenants, Conditions and Restrictions
Page 44
0923138
to enforce the Governing Docwnents. Such right may be exercised by any member of the Board
and its duly authorized agents and assignees, and all emergency personnel in the performance of
their duties. Except in an emergency situation, entry shall only be during reasonable hours and
after notice to the Owner.
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12.5 Easements for Cross-Drainaee. Every Property shall be burd~ned with
easements for natural drainage of storm water runoff from other portions of the Properties;
provided, no Person shall alter the natural drainage on any Property to increase materially the
drainage of storm water onto adjacent portions of the Properties without the consent of the
Owner(s) of the affected property and the Board.
12.6 Easement for Emereencv Vehicles. The Properties are hereby burdened with an
easement allowing all policemen, firemen, ambulance personnel, and similar emergency
personnel entry to perform their duties, including the enforcement of traffic regulations.
12.7 Easements for Allevs and Pathways. The Founder grants to each Owner a
nonexclusive right and easement of use, access, and enjoyment in and to the alleys and bike
paths as designated by a declaration on any plat of a portion of the Properties, as may be created
from time to time, subject to:
(a) The Governing Docwnents and any other applicable covenants;
(b) The right of the Board to adopt rules regulating the use and enjoyment of
the bike paths, including rules limiting the time of day that the bike path may be used;
( c) The right of use and enjoyment of the alleys and bike paths by the
members of his or her family, lessees, and social invitees, as applicable, subject to reasonable
regulation by the Board. An Owner who leases his or her Property shall be deemed to have
assigned all such rights to the lessee of such Property for the period of the lease.
12.8 Title to Road Lots: Use of Roadwav System. Title to the Road Lots as
described on the Plat and in this Declaration, may either be conveyed by Founder to a
governmental entity, a special improvement district or to the Association. Each Owner and
occupant and each of their guests or invitees are hereby granted a non-exclusive perpetual
easement and right-of-way to use such Road Lots, for vehicular and pedestrian ingress, egress,
access to and from their Property.
Title to the portion of the Roadway System that is contained within the boundaries of a
Single-Family Residential Property (the "Burdened Lot") shall be retained by the Owner of the
Burdened Lot and shall be subject to the provisions of this Declaration. Founder may grant
additional easements over and across the Roadway System to a governmental entity, a special
improvement district or to the Association. Each Owner and occupant of a Property and each of
their guests or invitees are hereby granted a non-exclusive perpetual easement and right-of-way
to use the Roadway System for vehicular and pedestrian ingress, egress, access to and from their
Property.
Alpine Meadows
Declaration of Covenants, Conditions and Restrictions
Page 45
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Subject to Section 11".8(b), the Roadway System and the Road Lots shall be designated as
Common Area. The Association shall have the right to control vehicular circulation through the
Properties by such means as establishing speed limits, by installing speed bumps or by any other
means reasonably adopted by the Association.
Alpine Meadows
Declaration of Covenants, Conditions and Restrictions
Page 46
'09231.38
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PART SIX: RELATIONSHIPS WITHIN AND OUTSIDE THE COMMUNITY
The growth and success of Alpine Meadows as a community in which people enjoy living,
working, and playing requires good faith efforts to resolve disputes amicably, attention to and
understanding of relationships within the community and with our neighbors, and protections of
the rights of others who have an interest in the community. .
ARTICLE XIII- DISPUTE RESOLUTION AND LIMITATION ON LITIGATION
13.1 Consents for Association Litieation. Except as provided in this Section, the
Association shall not commence a judicial or administrative proceeding without the approval of a
majority of a quorum of the Members. This Section shall not apply, however, to (a) actions
brought by the Association to enforce the Governing Documents (including, without limitation,
the foreclosure of liens); (b) the collection of assessments; or (c) counterclaims brought by the
Association in proceedings instituted against it. This Section shall not be amended unless such
amendment is approved by the percentage of votes, and pursuant to the same procedures,
necessary to institute proceedings as provided above.
13.2 Alternative Method for Resolvine Disputes. The Founder, the Association, its
officers, directors, and committee members, if any, all Persons subject to this Declaration, and
any Person not otherwise subject to this Declaration who agrees to submit to this Article
(individually, "Bound Party", and collectively, "Bound Parties") agree to encourage the amicable
resolution of disputes involving the Properties, without the emotional and financial costs of
litigation. Accordingly, each Bound Party covenants and agrees that those claims, grievances or
disputes described in Section 13.3 shall be resolved using the procedures set forth in Section 13.4
in lieu of filing suit in any court.
13.3 Claims. Unless specifically exempted below, all Claims arising out of or relating
to the interpretation, application or enforcement of the Governing Documents, or the rights,
obligations and duties of any Bound Party under the Governing Documents shall be subject to
the provisions of Section 13.4.
Notwithstanding the above, unless all parties thereto otherwise agree, the following shall
not be Claims and shall not be subject to the provisions of Section 13.4:
(a) Any suit by the Association against a Bound Party to obtain a temporary
restraining order (or equivalent emergency equitable relief) and such other ancillary relief as the
court may deem necessary in order to maintain the status quo and preserve the Association's
ability to enforce the provisions of Article IV and Article V;
(b) Any suit between Owners, which does not include Founder or the
Association as a party, if such suit asserts a Claim which would constitute a cause of action
independent of the Governing Documents, if the amount in controversy exceeds five thousand
dollars ($5,000);
Alpine Meadows
Declaration of Covenants, Conditions and Restrictions
Page 47
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(c) Any suit in which any indispensable party is not a Bound Party;
(d) Any suit as to which the applicable statute of limitations would expire
within one-hundred twenty (120) days of the Request for Resolution pursuant to Section 13.4,
unless the party or parties against whom the Claim is made agree to toll the statute of limitations
for such periods as may be reasonably be necessary to comply with this Article; and .
With the consent of all parties thereto, any of the above may be submitted to the
alternative dispute resolution procedures set forth in Section 13.4.
13.4 Mandatory Procedures.
(a) Request for Resolution. Any Bound Party having a Claim ("Claimant"
against any other Bound Party ("Respondent") (collectively, the "Parties") shall notify each
Respondent in writing (the "Request for Resolution"), stating plainly and concisely:
Respondent;
(i) The nature of the Claim, including the Persons involved and
the Claim arises);
(ii) The legal basis of the Claim (i.e., the specific authority out of which
(iii) Claimant's proposed remedy; and
(iv) That Claimant will meet with Respondent to discuss in good faith
ways to resolve the Claim; and
(v) That Respondent must respond to the Request for Resolution within
thirty (30) days of its receipt or it will be deemed to have been rejected.
(b) Net!otiation and Mediation.
(i) The Parties shall make every reasonable effort to meet in person and
confer for the purpose of resolving the Claim by good faith negotiation. If requested in writing,
accompanied by a copy of the Request for Resolution, the Board may appoint a representative to
assist the Parties in negotiation.
(ii) If the Respondent rejects the Request for Resolution, or Parties do not
resolve the Claim within ninety (90) days of the date of acceptance of the Request for Resolution
(or within such other period as may be agreed upon by the Parties) ("Termination of
Negotiations"), Claimant shall have thirty (30) additional days to submit the Claim to mediation
under the auspice of an independent mediation agency providing dispute resolution services in
the Lincoln County, Wyoming area.
(iii) If Claimant does not submit the Claim to mediation within such time,
or does not appear for the mediation, Claimant shall be deemed to have waived the Claim, and
Alpine Meadows
Declaration of Covenants, Conditions and Restrictions
Page 48
0001.85
092313S
Respondent shall be forever released and pennanently discharged fTom any and all liability to
Claimant on account of such Claim; provided, nothing herein shall release or discharge
Respondent fTom any liability to any Person other than the Claimant.
(iv) Any settlement of the Claim through mediation shall be docwnented
in writing by the mediator and signed by the Parties. If the Parties do not settle the Clåim within
thirty (30) days after submission of the matter to the mediation, or within such time as
detennined by the mediator, the mediator shall issue a notice of tennination of the mediation
proceedings ("Termination of Mediation"). The Tennination of Mediation notice shall set forth
that the Parties are at an impasse and the date that mediation was tenninated.
(v) Within five (5) days of the Tennination of Mediation, the Claimant
shall make a final written settlement demand ("Settlement Demand") to the Respondent, and the
Respondent shall make a final written settlement offer ("Settlement Offer") to the Claimant. If
the Claimant fails to make a Settlement Demand, Claimant's original Request for Resolution
shall constitute the Settlement Demand. If the Respondent fails to make a Settlement Offer,
Respondent shall be deemed to have made a "zero" or ''take nothing" Settlement Offer.
13.5 Allocation of Costs of Resolvinl! Claims.
(a) Subject to Section 13.5(b), each Party shall bear its own costs, including
attorneys' fees, and each Party shall share equally all charges rendered by the mediator(s) ("Post
Mediation Costs").
(b) Any Award which is equal to or more favorable to Claimant than
Claimant's Settlement Demand shall add Claimant's Post Mediation Costs to the A ward, such
costs to be borne equally by all Respondents. Any Award which is equal to or less favorable to
Claimant than any Respondent's Settlement Offer shall award to such Respondent its Post
Mediation Costs.
13.6 Enforcement of Resolution. After resolution of any Claim, if any Party fails to
abide by the tenns of any agreement or Award, then any other Party may file suit or initiate
administrative proceedings to enforce such agreement or Award without the need to again
comply with the procedures set forth in Section 13.4. In such event, the Party taking action to
enforce the agreement or Award shall be entitled to recover fTom the non-complying Party (or if
more than one non-complying Party, fTom all such Parties pro rata) at all costs incurred in
enforcing such agreement or A ward, including, without limitation, attorneys' fees and court
costs.
13.7 Board Authorization. The Board may perfonn any act reasonably necessary to
institute, defend, settle, or intervene on behalf of the Association in binding arbitration, non-
binding arbitration, mediation, litigation, or administrative proceedings in matters pertaining to
(a) enforcement of the governing docwnents, (b) damage to the Common Area, (c) damage to the
Properties which arises out of, or is integrally related to, damage to the Common Area, or (d) any
other civil claim or action.
Alpine Meadows
Declaration of Covenants, Conditions and Restrictions
Page 49
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0923138
ARTICLE XIV - AMENDMENT OF DECLARATION
14.1 Bv Founder. In addition to specific amendment rights granted elsewhere in this
Declaration, until conveyance of the one hundred twenty-sixth (126th) Property to an Owner
unaffiliated with Founder or three years from the date this instrument is recorded in.' the Land
Records of Lincoln County, Wyoming, whichever period is longer, Founder may unilaterally
amend or repeal this Declaration for any purpose. Thereafter, the Founder may unilaterally
amend this Declaration if such amendment is necessary to (i) bring any provision into
compliance with any applicable governmental statute, rule, regulation, or judicial detennination;
(ii) enable any reputable title insurance company to issue title insurance coverage on the
Properties; (iii) enable any institutional or Federal National Mortgage Association or Federal
Home Loan Mortgage Corporation, to make purchase, insure or guarantee mortgage loans on the
Properties; or (iv) to satisfy the requirements of any local, state or federal governmental agency.
However, any such amendment shall not adversely affect the title to any Property unless the
Owner thereof shall consent in writing.
14.2 Bv Members. Except as otherwise specifically provided above and elsewhere in
this Declaration, this Declaration may be amended only by the affinnative vote or written
consent, or any combination thereof, of at least a majority of the Members voting or providing a
written consent/disapproval for such action. In no event shall the Members be pennitted to
amend the Declaration until the later of (i) the termination of the Founder's reserved rights in
Section 11 or the Sale of the forty-first Property to an Owner unaffiliated with Founder.
Notwithstanding the above, the number of votes necessary to amend a specific clause
shall not be less than the prescribed percentage of affinnative votes required for action to be
taken under that clause.
14.3 Validitv and Effective Date. No amendment may remove, revoke, or modify
any right or privilege of the Founder without the written consent of the Founder.
If an Owner consents to any amendment to this Declaration or the Bylaws, it will be
conclusively presumed that such Owner has the authority to consent, and no contrary provision
in any Mortgage or contract between the Owner and a third party will affect the validity of such
amendment.
Any amendment shall become effective upon recording in the Public Records, unless a
later effective date is specified in the amendment. Any procedural challenge to an amendment
must be made within thirty (30) days of its recordation, or such amendment shall be presumed to
have been validly adopted. In no event shall a change of conditions or circumstances operate to
amend any provisions of this Declaration.
Alpine Meadows
Declaration of Covenants, Conditions and Restrictions
Page 50
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0001.8"
0923138
IN WITNESS WHEREOF, the undersigned Founder has executed this Declaration the ùate and
year first wrinen above.
ALPINE JUNCTION, LLC,
a Wyoming limited liability company
Michae T. Ha
Vice Presidel ,Meridian Group, Inc.
as Manager of Alpine Junction, LLC
...
STATE OF )
)ss
CJ )
On this ;.=) day of ~ +- ,2006, before me personally appeared
Michael T. Halpin, personally known to me. or proved to me on the basis of satisfactory
evidence, to be the person whose name is subscribed within this instrument and acknowledged to
me that he executed the same in his authorized capacity, and that by his signature on this
instrument, the entities upon behalf of which the person acted executed this instrument.
.w.tIE NmR - NOTARY PœLC
COlMY OF
lWCOtN
~ Connissioa Expires
ot lic
My commission expires:
WITNESS my hand and official seal.
Alpine Meadows
Declaration of Covenants, Conditions and Restrictions
Page 5\
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Exhibit A
.oOO~8~
09232.38
Le~al Description of Alµine Meadows Subdivision
A parcel ofland located in the SE1/4SE1/4 of Section 19, the SW1/4SW1/4 and SEI/4SW1/4 of Section
20, the N1/2NW1/4 of Section 29, and the NE1/4NEl/4 of Section 30, T37N, Rl18W, 6th P.M., Lincoln
COmIty, Wyoming, further described as follows:
BEGINNING at the south 1/16 comer common to said Sections 19 and 20 where is fOmId a monument
as described in a Wyoming Comer Record on file in the Office of the Clerk of Lincoln COmIty,
Wyoming;
THENCE along the north line of the SW1/4SW1/4 of said Section 20, N89°58'35"E, 1315.50 feet to
the southwest 1/16 comer of said Section 20 where is fOmId a monwnent as described in a Wyoming
Comer Record on file in said Office;
THENCE departing said north line and following the east line of that parcel of record described in
Book 457 of Photostatic Records, Page 639 on file in said Office, SOoo06'33"E, 1029.36 feet to a 5/8 inch
diameter steel rebar with an aluminum cap inscribed "RLS 164";
THENCE along the north line of that parcel of record described in Book 457 of Photostatic Records,
Page 114 on file in said Office, S89°57'51 "E, 704.25 feet more or less to an intersection with the westerly
right-of-way line ofV.S. Highway 26 where is fOmId a 5/8 inch diameter steel rebar with an aluminum
cap inscribed "RLS 164";
THENCE along said westerly right-of-way line, S08°05'28"E, 419.61 feet to a 5/8 inch diameter steel
rebar with an aluminum cap inscribed "RLS 164";
THENCE departing said westerly right-of-way line and following the south line of said parcel of
record described in Book 457 of Photostatic Records, Page 114, S89°58'43"W, 762.87 feet to a 5/8 inch
diameter steel rebar;
THENCE along said east line, SOooI2'03"W, 969.38 feet more or less to an intersection with the
northerly Palisades Reservoir Take Line where is fOmId a 5/8 inch diameter steel rebar with an aluminum
cap inscribed "PLS 6447";
THENCE along said Palisades Reservoir Take Line through the following courses,
N88° 11'3 7"W, 648.39 feet to a 5/8 inch diameter steel rebar with an aluminum cap inscribed "RLS
164";
N82°19'49"W, 671.32 feet to an aluminum pipe with an aluminum cap inscribed "RLS 164";
N63°45'42"W, 581.95 feet to a 5/8 inch diameter steel rebar with a plastic cap stamped "PLS 698";
THENCE departing said Palisades Reservoir Take Line, along the west line of that parcel of record
described in Book 467 of Photostatic Records, Page 454 on file in said Office, NOooOl'44"E, 2052.29 feet
more or less to an intersection with the north line of the SE 1/4SE 1/4 of said Section 19;
THENCE along the north line of said SE1/4SE1/4, S89°32'42"E, 519.89 feet to the POINT OF
BEGINNING;
Said parcel ENCOMPASSES an area of 104.89 acres more or less.
Alpine Meadows
Declaration of Covenants, Conditions and Restrictions
Page 52