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TAIL WIND CONDOMINIUMS
DECLARATION OF CONDOMINIUM OWNERSHIP AND DECLARATION OF
RESTRICTIONS, COVENANTS AND CONDITIONS
1. Submission of Real ProDertv. Tail Wind Properties, LLC, a
Wyoming limited liability limited partnership (the "Declarant"), submits the
following land in fee simple, together with the buildings and improvements
erected thereon (hereafter collectively called the ("Condominium") to the
provisions of Chapter 34 of the Wyoming Statutes:
TAIL WIND CONDOMINIUMS IDENTICAL WITH LOT 88 ALPINE
VILLAGE SUBDIVISION NO.1 PLAT 2 AMENDED - 9TH FILING
WITHIN SW1/4NE1/4SE1/4NW1/4 SECTION 19 T37N R118W
LINCOLN COUNTY, WYOMING.
2. Name and Address. The condominium shall be known as Tail
Wind Condominiums. It is located in the Alpine Airpark, Alpine, Wyoming,
83128.
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3.
Definitions.
a. "Board of Managers" or "Board" shall mean the
administrative body established by the Unit Owners as provided in
the Bylaws. There shall be two (2) members of the Board of
Managers, elected at large from among the Unit Owners. Until a
Board is duly elected at the first meeting of the Unit Owners, the
Declarant shall have the powers of the Board.
b. "Building Envelope" shall mean the space surrounding each
individual Unit described in detail on the Plat. The Building
Envelope adjacent to each Unit shall be appurtenant to and a part
of the Unit. Under no circumstances may a Building Envelope be
conveyed separately from a Unit.
c. "Hangar" shall mean the structure including the floors, walls
and roof designated for aircraft or other vehicular use on the
attached Plat. Each hangar shall be appurtenant to its
corresponding Unit and shall be considered a part of each Unit for
purposes hereof. No Hangar may be conveyed separately from its
corresponding Unit.
d. "Mortgage" shall mean any instrument given as security for
the performance of an obligation.
e. "Mortgagor" shall mean the party executing such instrument
as security.
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f. "Owner" or "Owner(s)" shall mean the record Owners,
whether one or more persons or entities, of fee simple title to any
"Unit" which is part of the Project, including contract purchasers, but
excluding those having such interest merely as security for the
performance of an obligation. In the case of a Unit which is vested
of record in a trustee pursuant to Wyoming statutes, legal title shall
be deemed to be in the trustee.
g. "Plat" shall mean the Plat of the condominium duly recorded
in the Office of the Clerk of Lincoln County titled: "TAIL WIND
CONDOMINIUMS IDENTICAL WITH LOT 88 ALPINE VILLAGE
SUBDIVISION NO.1 PLAT 2 AMENDED - 9TH FILING WITHIN
SW1/4NE1/4SE1/4NW1/4 SECTION 19 T37N R118W LINCOLN
COUNTY, WYOMING," as Instrument No.
", including any future amendments or replats thereof.
h. "Project" shall mean the entire parcel of real property divided
or to be divided into condominiums, including all structures on the
real property submitted to the Condominium Project.
i. "Property or Properties" shall mean that certain real property
described in Section 1 above.
j. "Unit" shall mean a space within the Project designated for
separate ownership and shall be bounded by, located within, and
include the interior walls, exterior walls where appropriate, floors
and roof of a Unit as described on the Plat. All spaces and other
fixtures or improvements within each Unit shall become a
permanent part of such Unit.
4. Number of Units. When complete, the Condominium will consist of:
a. Two (2) separate Units including each Unit's respective
Hangar.
5. Units. Attached as Exhibit "A" is a list of all of the Units in the
Project, their Unit designations, locations and the percentage interest that each
Unit represents in the Project. Exhibit "B" is a reduced copy of the Plat. Each
Unit includes a related Hangar, correspondingly designated, which is a part of
each Unit and which may not be separately conveyed.
6. PercentaQe of Interest. The percentage interest which each Unit
bears to the entire project and the respective undivided interest in the Common
Elements attributable to each Unit are as set forth on the attached Exhibit "A".
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7. Dimensions of Units. Horizontally each Unit consists of the area
measured horizontally from the boundary lines of each Unit. The Unit shall be
measured vertically from the lowest structural member including concrete floors,
to the top of the tallest structure.
8. Use of Units. Each of the Units shall be used as a residence only,
with the exception of its associated Hangar, which shall be used for its intended
purpose.
9. Common Elements. The common elements ("Common Elements")
consist of the entire Condominium Project, including without limitation, the
following:
a. the land, except for that portion that lies within a Unit;
b. Common drives and taxiways, mailbox areas, sidewalks,
maintenance and storage facilities, mechanical and equipment
spaces, yards, landscaping, trees and bushes.
c. All central and appurtenant installations for services such as
power, light, telephone, gas, (including all pipes, ducts, wires,
cables and conduits used in connection therewith), except those
which are installed entirely within, and for the exclusive benefit of, a
Unit;
d. All sewer and water pipes in Common Areas;
e. All other parts of the Condominium Project and all apparatus
and installations existing on the Property for common use or
necessity, or convenient to the existence, maintenance or safety of
the Condominium, including but not limited to those indicated on
the exhibits attached hereto.
The Board of Managers shall be responsible for paying the real estate taxes and
such other assessments as may be levied by any governmental agencies upon
the Common Elements of the Project. Additionally, the Board of Managers shall
be responsible for the management of the Common Elements, including lawn
care, snow removal and general maintenance of the Common Elements.
10. Limited Common Areas. Limited Common Areas ("Limited
Common Areas" or "Limited Common Elements") are areas so designated on the
Plat as assigned for the use of the Owner of the designated Unit(s) and include
the space extending out from the exterior walls of any structure to their boundary
lines of the Building Envelope. This Limited Common Area shall be devoted to
the exclusive use of the Owner or occupant of the associated Unit, who shall be
responsible for the maintenance of such Limited Common Areas.
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11 . Encroachments. If any portion of the Common Elements shall
encroach upon any Unit, or if any Unit shall encroach upon any other Unit or
upon any portion of the Common Elements as a result of the construction of a
Unit, or as a result of the settling or shifting of the Unit, a valid easement for the
encroachment and for its maintenance shall exist so long as the Unit stands. In
the event a Unit, any adjoining Unit, or any adjoining Common Element, shall be
partially or totally destroyed as a result of fire or other casualty or as a result of
condemnation or eminent domain proceedings, and then rebuilt, any resulting
encroachment of a part of the Common Elements upon any Unit or of any Unit
upon any other Unit or upon any parts of the Common Elements shall be
permitted and a valid easement for such encroachment and for its maintenance
shall exist so long as the building stands.
12. Property Riohts in Common Areas. Every Owner shall have a
nonexclusive right and easement of enjoyment in and to the Common Areas, and
the Owner's mailbox. These rights shall be appurtenant to and shall pass with
the title to a Unit, subject to the following provisions:
a. Charqes. The right of the Board of Managers to charge
reasonable fees for the upkeep and continuing serviceability of the
Common Areas and any other Common Elements.
b. Suspension of Votino Riqhts. The right of the Board of
Managers to suspend the voting rights of, and rights of use of
Common Areas by an Owner for any period during which any
assessment against its Unit remains unpaid and for a period not to
exceed sixty (60) days for any infraction of the Projects published
rules and regulations; or to pay a fine in place of suspension.
c. Easements and Prior Recorded Instruments. Any and all
easements reserved or created herein and any and all prior
recorded instruments.
d. Rules and Reoulations. The right and power of the Board of
Managers to promulgate reasonable and uniformly-applicable
Rules and Regulations governing the use of and conduct upon the
Common Areas, including the right to assess fines for violation of
such Rules and Regulations.
13. Power of Attornev to Board of Manaqers. Each Unit Owner grants
to the persons who shall from time to time constitute the Board of Managers an
irrevocable power of attorney, coupled with an interest, to acquire title to or lease
on behalf of all Unit Owners any Unit whose Owner desires to surrender, sell, or
lease the same, or which may be subject of a foreclosure or other judicial sale, in
the name of the Board of Managers or its designee, corporate or otherwise, and
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to convey, sell, lease, mortgage, vote the votes appurtenant thereto (other than
for the election of members of the Board of Managers), or otherwise deal with
any such Unit so acquired or leased. Any Unit so acquired together with any
interest in the Common Elements or in other Condominium Property appurtenant
thereto, shall be held by the Board of Managers or its designee, corporate or
otherwise, on behalf of all Unit Owners, in proportion to their respective common
interest. The power of attorney will not in any way be used to impair the security
of any mortgage.
14. Administration and Service of Process. The Managing Agent shall
be the designated Agent for service of process. Until the Managing Agent is
appointed, Rex Doornbos, PO Box 3638, Alpine, WY 83128, shall be the person
initially designated to receive such service of process.
15. Condominium Units Subiect to Declaration, Bvlaws, Rules and
Restrictions. All present and future Owners, tenants, and occupants of the Units
shall be subject to, and shall comply with the provisions of this Declaration, the
Bylaws, and all rules and regulations adopted pursuant thereto, as these
instruments may be amended from time to time. The acceptance of a deed or
conveyance, or the execution of a lease, or the occupancy of any Unit shall
constitute an acceptance of the provisions of such instruments, as they exist
initially and as amended from time to time. The provisions contained in such
instruments shall be covenants running with the title to the Unit and shall bind
any person having at any time any interest or estate in such Unit, as though such
provisions were recited and fully stipulated in each deed, conveyance or lease
thereof.
16. Covenant for Assessment. The Board of Managers has the power
and duty to assess common charges. The Declarant hereby covenants for each
Unit, and each Owner of any Unit by acceptance of a deed, is deemed to
covenant and agree to pay to the Board of Managers all such assessments or
charges. Such assessments are to be established and collected as provided
hereinafter.
The first Owner of any Unit, by acceptance of a deed from the Declarant,
is deemed to covenant and agree to pay an initial working capital assessment of
$500.00 to be paid at closing to Declarant by each Owner when the Owner
purchases a Unit. All initial working capital improvement assessments collected
by the Declarant shall be deposited with the Board of Managers when
established, for future capital improvements.
Each Owner of any Unit by acceptance of a deed is deemed to covenant
and agree to pay Declarant an initial Common Element assessment of $150.00,
per month. Declarant shall collect and use the initial monthly Common Element
assessments for lawn care, snow removal expenses and upkeep until the Board
of Managers is elected. The Declarant shall not be required to account for such
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initial monthly Common Element assessments, so long as such services are
provided. At all times each Unit Owner is responsible for payment of its own
charges for water, sewer, garbage, gas, electricity, telephone, and other utilities.
When established, the Board of Managers shall meet periodically, but no
less often than annually, to establish periodic assessments for maintenance of
the Common Elements (to include a portion thereof to be dedicated to a
Replacement Reserve Fund) and an assessment for a working capital fund to
fund unforeseen expenditures and/or additional equipment or services. The
maintenance assessment and the working capital assessment shall be in such
amounts and payable in such intervals as the Board of Managers shall from time
to time establish and direct. Such assessments, together with (a) interest at four
percent (4%) over the Wall Street Journal prime rate, as established from time to
time, and (b) costs and reasonable attorney's fees, shall be charged to the Unit
and shall be a continuing lien upon the Property against which such assessment
is made. Each such assessment, together with interest and attorney's fees, shall
also be and remain the obligation of the person or entity who was the .unit Owner
of such Property at the time the assessment fell due. The failure to pay shall
give the Board of Managers the right to file and pursue a lien on Owner's Unit or
Property. The interest chargeable and the attorney's fees collectable shall never
be in excess of that allowed by law.
17. PUrDose of Assessment. The assessments levied by the Board of
Managers shall be used exclusively for improvements to and maintenance of the
Common Elements of the Project and as provided in the Bylaws. These items
may be for the safety or health protection of the Unit Owners or to meet various
codes introduced by the city or state.
18. Allocation of Assessments. Unless otherwise provided in this
Declaration or the Bylaws, all common assessments shall be allocated on a per-
Unit basis without regard to the percentage interest, which such Unit represents
in the Condominium as a whole.
19. Remedies for Nonpavment of Assessments. Any assessment not
paid within thirty (30) days after the due date shall accrue interest from the due
date at the rate specified in the Covenant for Assessment (Article 16 above),
subject to the interest limitations therein stated, and such assessment shall
constitute a lien on the Unit, to be pursued at the discretion of the Board of
Managers. The Board of Managers may pursue collection-using force of law,
foreclosure or other remedies against the Unit and/or Unit Owner(s). . No Unit
Owner may waive the benefit of or otherwise escape liability for the assessments
by nonuse of the Common Areas or by abandonment of a Unit.
20. Subordination of Lien. The lien for assessment or fines provided
for herein shall be subordinate to the lien of any first mortgage and is
extinguished upon foreclosure of such mortgage (subject to redemption). No
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foreclosure sale shall relieve such Unit for any assessment coming due after
foreclosure sale.
21. Common Elements Maintenance. The Board of Managers shall
establish an ongoing plan to keep the Common Elements in good repair and
maintenance and shall levy sufficient assessments to repair or replace the
Common Elements, as necessary.
22. Amendment of Declaration. The Declarant reserves the right to
modify this Declaration to reflect any changes or alterations made by Declarant
to a floor plan for, or size of, any Unit, including addition of square footage
through structural modifications. The Declarant also reserves the right to amend
this Declaration to satisfy objections of any title examiner, to correct any errors or
omissions in this Declaration, and to comply with any requirements of the Federal
Housing Administration (FHA), Veterans Administration (VA), or FNMA (Fannie
Mae) in order for the Condominium to qualify for FHA, VA or Fannie Mae
financing. In such event, the amendment needs to be executed only by the
Declarant and by accepting ownership or mortgage interest, all Owners and
Mortgagees of Units are deemed to have consented thereto. Any amendment by
Declarant of this Declaration for the purpose of satisfying objections of any title
examiner, complying with FHA, VA or Fannie Mae financing requirements, or
correcting errors or omissions, must be accomplished within five (5) years of the
date of first sale and conveyance of a Unit. This Declaration, and any material
provisions of the Bylaws may otherwise be amended, changed or modified by an
acknowledged instrument in writing setting forth such amendment, change or
modification, executed by the Boar'd of Managers of the Condominium, upon an
affirmative vote of at least 67% in percentage interest of all Unit Owners, cast in
person or by proxy at a meeting duly held in accordance with the provisions of
the Bylaws after constitution and implementation of the Board of Managers
provided, however, that any such amendment shall have been approved in
writing by at least 51 % of Mortgagees who are the holders of Mortgages
comprising first liens on all Units. An amendment accomplished in either manner
aforesaid shall not be effective until recorded in the office of the County Recorder
for Lincoln County, Wyoming. The provisions of this Declaration may be
rescinded by an acknowledged instrument in writing setting forth such rescission,
executed by the Board of Managers of the Condominium, upon an affirmative
vote of at least 67% in percentage interest of all Unit Owners, cast in person or
by proxy at a meeting duly held in accordance with the provisions of the Bylaws
after constitution and implementation of the Board of Managers provided,
however, that any such amendment shall have been approved in writing by at
least 67% of Mortgagees who are the holders of Mortgages comprising first liens
on all Units. A change, modification or rescission is binding on the Unit Owners
and Mortgagees, irrespective of the failure of one or more Mortgagees to so
consent. If any provision of the Bylaws requires consent or agreement of all of
the Unit Owners and/or lien holders, then any instrument changing, modifying or
rescinding any provisions of this Declaration with respect to such action shall be
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signed by all of the Unit Owners and/or all lien holders required. No amendment
shall be made which will materially adversely affect the Declarant as sponsor and
developer of the Project.
23. Waiver. No provision contained in this Declaration shall be deemed
to have been waived by reason of any failure to enforce it, irrespective of the
number of violations, which may occur, or their duration.
24. Restrictions, Covenants and Conditions.
a. Use Restrictions. The particular use of a Unit may be only
for occupancy as a residential dwelling, with the exception of the
associated Hangar which may be used for the storage of aircraft
and other vehicles.
b. Parkinq Restrictions. Parking shall not be permitted on any
of the common drives. Guests shall be permitted to park
temporarily on driveways in front of the Unit being visited and not
on any other driveway without permission of the respective Unit
Owner. All airplanes, vehicles, boats, campers, recreational
vehicles, and like equipment owned or operated by Unit Owners
shall be parked within the Owner's respective Hangar at all times.
c. Pets. Common domestic pets shall be permitted. Approved
pets are allowed on Limited Common Areas appurtenant to the
Owner's Unit, so long as the pet is kept on a leash and is in the
presence and control of the Owner or Owner's guest. Permanent
outdoor kennels shall not be permitted. If the Board of Managers
receives complaints from more than two Owners regarding barking
or aggressive behavior by a pet, the Board of Managers shall have
the authority to require suitable remedial measures, including but
not limited to a working barking collar, appropriate restraining
devices, and/or obedience training for the pet in question. If the
problem is not resolved to the satisfaction of the Board of
Managers, the Board of Managers may remove or otherwise evict
the pet.
d. Privacv Fences. For all Units with six-foot privacy fences,
hot tubs and approved storage containers (e.g. Rubber Maid) shall
be permitted, not to exceed the height of the privacy fence. The hot
tub and/or storage container must not be visible from adjoining
Units, which effectively requires the Unit Owner to install additional
privacy fencing and a gate in order to fully enclose the patio slab.
Any additional privacy fencing so required must be of the same
material and design as the original privacy or extension of privacy
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fencing must be approved in advance by the Declarant or by the
Board of Managers when constituted.
e. Satellite Dishes. Satellite dishes shall be permitted, not to
exceed twenty-four inches (24") in diameter, subject to pre-approval
by the Board of Managers regarding the installation and location of
such satellite dish.
f. Sians. No signs shall be permitted except for those
approved in advance in writing by the Board of Managers, in such
size and at such place as the Board of Managers may designate.
g. Nuisances. No nuisances shall be allowed on the
Condominium Property nor shall any use or practice be allowed
which is a source of annoyance to its residents or which interferes
with the peaceful possession or proper use of the Condominium
Property by its residents.
h. No Severance of Ownership. No Unit Owner shall execute
any deed, mortgage, or other instrument conveying or mortgaging
his Unit, which does not include the appurtenant interests, including
the Hangar. Any such deed, mortgage, or other instrument
purporting to affect one or more of such interests, without including
all such interests, shall be deemed and taken to include the interest
or interest so omitted, even though it shall not be expressly
mentioned or described therein. No part or the appurtenant
interests of any Unit may be conveyed, except as part of a
conveyance of the Unit to which such interests are appurtenant.
i. Exceptions. No provision in the Declaration or Bylaws
restricting the conveyance of a Unit, shall apply to a transfer to or
from the Board of Managers nor to or from any mortgagee with
respect to any Unit acquired in good faith by foreclosure or by deed
in lieu of foreclosure.
j. Notice of Convevance. Any Unit Owner intending to convey
his Unit must give the Board of Managers notice of such
conveyance at least ten (10) days prior to the consummation of
such conveyance, including sufficient details thereof to enable the
Board of Managers to inform the other party of to the status of the
obligations against the Unit owed to the Condominium.
The Unit Owner must also advise the intended purchaser or
lessee that he will be subject to and shall be deemed to have
accepted the provisions of the Declaration, Bylaws, and rules and
regulations in accordance with the provisions of the Declaration and
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the Bylaws, and in the case of a lease, such provisions shall be
specifically incorporated as a condition of the lease.
k. Enforcement. The Board of Managers or any Unit Owner,
shall have the right to enforce any and all provisions hereof, by any
proceeding at law or in equity. Failure by the Board of Managers or
by any Unit Owner to enforce any provision shall in no event be
deemed a waiver of the right to do so thereafter.
I. Term. The covenants and restrictions of this Declaration
shall run with and bind the land, Units and Unit Owners for a term
of twenty (20) years from the date this Declaration is recorded, after
which time they shall be automatically extended for a successive
period of ten (10) years, unless canceled, effective at the expiration
of the then-existing term, in the manner provided for amendment of
this Declaration.
m. Notices. All notices to the Board of Managers shall be sent
by registered or certified mail, c/o the Managing Agent, or if there is
no Managing Agent, to the office of the Board of Managers or to
such other address as the Board of Managers hereafter designate
from time to time. All notices to any Unit Owner shall be sent by
registered mail or certified mail to the Owner's Unit address or to
such other address as may have been designated by him from time
to time, in writing, to the Secretary of the Board of Managers. All
notices to Mortgagees shall be sent by certified mail to their
respective addresses, as shown of record as designated by them
from time to time in writing to the Board of Managers. All notices of
change of address shall be deemed to have been given when
received.
n. Pavment of Assessments. No Unit Owner shall be permitted
to convey his Unit unless and until he shall have paid in full all
unpaid charges then due against his Unit and until he shall have
satisfied all unpaid liens against such Unit, except permitted
Mortgages.
o. Leasina Restrictions. No Unit Owner shall be permitted to
enter into any lease for a Unit for a term less than six (6) months in
duration. The Unit Owner shall notify the Board of Managers in
writing of any lease and provide a copy of such lease to the Board
of Managers.
p. Bedrooms. No Unit shall contain more than three (3)
bedrooms without permission by the Board of Managers.
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25. No Riaht of First Refusal. The Board of Managers shall not have
any right of first refusal to purchase any Unit when such Unit is offered for sale or
lease by a Unit Owner.
26. Easement for Inaress and Earess. Each Unit Owner shall have a
non-exclusive right and easement for ingress and egress to the particular Unit
owned by such Unit Owner.
27. Severabilitv. Invalidation of anyone of these covenants or
restrictions by judgment or court order shall in no way affect any other provisions,
which shall remain in full force and effect.
28. Governina Law. This Declaration, the Condominium plat and plans
and Bylaws shall be construed and controlled by and under the laws of the State
of Wyoming.
29. Votina Riahts. There shall be one voting right per Unit. Any
change in voting rights of the Owners requires unanimous approval in
accordance with the voting provision of this section.
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IN WITNESS WHEREOF, the Project Owner and Declarant has caused
this Declaration to be duly executed on /8 111.P.~ 200£5 , 2008.
Tail Wind Properties, LLC, a Wyoming
limited liability company
~
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STATE OF WYOMING )
)ss.
COUNTY OF LINCOLN )
l '8'T(~
1J1¡¿. __ ~ The foregoing instrument was acknowledged before me on
I' ~,2008, by Rex Doornbos, President of Tail Wind Properties, LLC, a
Wyoming limited liability company, on behalf of the limited liability company.
;f;;~~~t¿Î
Notary Public
8,M, HILDEBRAND· NOTARY PUBLIC
County of
Lincoln
State of
Wyoming
M Commission Expires December 7, 2011
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