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RECEIVED 3/21/2008 at 10:15 AM
RECEIVING # 937728
BOOK: 690 PAGE: 71
. JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
WIND SOCK CONDOMINIUMS
BYLAWS
OF
Dated: 12-17- ð 7 ,2007
00\)071.
ARTICLE I
PLAN OF CONDOMINIUM UNIT OWNERSHIP
Section 1. Condominium Unit Ownership. This Property located within
the Alpine Airpark, Alpine, Wyoming 83128 (the "Condominium"), has been
submitted under Chapter 34 of the Wyoming Statutes to Condominium
ownership, at the same time as the adoption of these Bylaws. The Condominium
Project is located upon the following described real property:
Lot 91 of Alpine Village Subdivision Amended 9th Filing,
Lincoln County, Wyoming as described on the official Plat No.
2 filed on December 6, 2006 as Instrument No. 925078 of the
records of the Lincoln County Recorder.
Section 2. Applicabilitv of Bvlaws. The provisions of these Bylaws are
applicable to the Condominium Property and to the use and occupancy thereof.
The term "Condominium Property" as used herein shall include the land, the
buildings and all other improvements thereon, all easements, rights and
appurtenances belonging thereto, and all other property, personal or mixed,
intended for use in connection therewith, all of which are intended to be
submitted to the provisions of the laws of the State of Wyoming regarding
Condominium Ownership. The term "Unif' or "Condominium Unit" as used herein
shall mean those areas and appurtenances defined by the Condominium
Declaration and Exhibits as separate Units within the Condominium Project. For
most purposes, it shall describe an individual Unit and appurtenances. The term
"Majority" means Majority in number, unless otherwise specifically stated.
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I
Section 3. Application. All present and future Owners, mortgagees,
lessees, and occupants of Units and their employees, and any other persons
who may use the facilities of the Condominium in any manner, are subject to
these Bylaws, the Declaration, the Restrictions and rules and regulations
pertaining to the use and operation of the Condominium Property. The
acceptance of a deed or conveyance, or the entenng into of a lease, or the act of
occupancy of a Unit shall constitute an acceptance of the Declaration, these
Bylaws, and any accompanying rules and regulations, as they may be amended
from time to time.
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Section 4. Offices. The initial office of the Condominium and of the Board
of Managers shall be located at 65 S. Kelly Lane, P.O. Box 3638. Alpine, WY,
83128 until such time as it may be changed by action of the Board of Managers.
ARTICLE II
BOARD OF MANAGERS
Section 1. Number and Qualification. The affairs of the Condominium
shall be governed by a Board of Managers elected by the Unit Owners. The
Board of Managers shall be the developer, Solitude Holdings, LLC AND
Meadowlark Construction. LLC, or its designee. until the organizational meeting
of the Unit Owners required by Article III, Section 1. Thereafter the Board of
Managers shall be composed of four persons. aU of whom shall be Unit Owners.
Unless otherwise specifically provided. the Board of Managers shall act on
Majority vote. (See Article I, Section 2, for definition of "Majority.")
Section 2. Powers and Duties. The Board of Managers shall have the
powers and duties necessary for the administration of the affairs of the
Condominium. except such powers and duties as by law or by the Declaration or
by these Bylaws may not be delegated to the Board of Managers by the Unit
Owners. The powers and duties to be exercised by the Board of Managers shall
include. but shall not be l.imited to, the following:
a. Operation, care, upkeep and maintenance of the Common
Elements and Common Areas;
b. Determination of the amount required for operation, maintenance
and other affairs of the Condominium (common charges);
c. Collection of the common charges from the Unit Owners;
d. Employment and dismissal of the personnel, as necessary for the
efficient maintenance and operation of the Condominium;
e. Adoption and amendment of rules and regulations covering the
details of the operation and use of the Condominium Property;
f. Opening of bank accounts on behalf of the Condominium and
designating the signatories required therefore;
g. Purchasing, leasing, or otherwise acquiring in the name of the
Board of Managers, or its designee, corporate or otherwise, on
behalf of all Unit Owners, Condominium Units offered for sale or
lease or surrendered by their Owners to the Board of Managers;
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h. Purchasing Condominium Units at foreclosure or other judicial
sales in the name of the Board of Managers, or its designee,
corporate or otherwise, on behalf of all Unit Owners;
i. Selling, leasing, mortgaging, voting the votes appurtenant to (other
than for the election of members of the Board of Managers), Of
otherwise dealing with Condominium Units acquired by, and
subleasing Condominium Units leased by the Board of Managers or
its designee, corporate or otherwise, on behalf of all Unit Owners;
j. Organizing corporations or other entities to act as designee of the
Board of Managers in acquiring title to or leasing of Condominium
Units on behalf of all Unit Owners;
k. Making repairs, additions and improvements to. or alterations of.
the Condominium Property. and repairs to and restoration of the
Property in accordance with the other provisions of these Bylaws,
after damage or destruction by fire or other casualty, or as a result
of condemnation or eminent domain proceedings;
I. Creating and enforcing liens upon Units, for unpaid Condominium
assessments.
m. Verifying the occupancy status of each Unit, at such times and in
such manner as determined by the Board of Managers. All Unit
Owners are required to cooperate with the Board of Managers in
verifying whether each Unit is Owner-occupied or leased; and
n. Installing meters to monitor utility usage by individual Units.
Section 3. Manaaina Aaent. The Board of Managers shall select from its
members, or hire a third-party, to act as a Managing Agent to perform such
duties and services as the Board of Managers shall authorize, including, but not
limited to, those duties listed in Section 2 of this Article, as may be designated to
the agent for performance by the Board of Managers. If the Board elects to hire
a third-party to act as a professional Managing Agent, the management contract
must be for a reasonable term and its termination provision must not require the
payment of a penalty or an advance notice of more than ninety (90) days. Until
the Board is constituted and a Managing Agent is selected by the Board, Rex
Doornbos shall function as Managing Agent.
Section 4. Election and Term of Office. At the initial meeting of the Unit
Owners and at each annual meeting held as hereinafter provided, and after the
election of all members of the Board of Managers, the Board members shall be
seated in their respective terms of office. Each member of the Board of
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Managers shall hold office until his or her respective successor shall have been
elected.
Section 5. Removal of Members of the Board of Managers. Any member
of the Board of Managers may be removed with or without cause by a Majority of
those Unit Owners authorized to elect the member. Removal may be
. accomplished at any regular or special meeting of such Unit Owners, and a
successor may then or thereafter be elected to fill the vacancy. Any member of
the Board whose removal has been proposed shall be given an opportunity to be
heard at the meeting.
Section 6. Vacancies. Any vacancies on the Board of Managers caused
by any reason other than removal shall be filled by a vote of a Majority of the Unit
Owners qualified to elect such member at a meeting of the necessary Unit
Owners called for that purpose promptly after the occurrence of any such
vacancy. The result of such election shall be reported to the Board of Managers,
and the new member seated at the next regular meeting of the Board.
Section 7. Organizational Meetinas. The Board of Managers shall be
elected at an organizational meeting of Unit Owners, as set forth in Article III,
Section I below. Until the organizational meeting, the Declarant shall have the
power of the Board of Managers,but may not alter the Declaration or change the
voting percentages without the consent of any other Owners and their first
mortgagees, except to the extent that the Declaration specifically authorizes the
Declarant to alter the Declaration.
Section 8. Regular MeetinQs. Regular meetings of the Board of
Managers may be held at such time and place as shall be determined from time
to time by a Majority of the members of the Board of Managers, but at least one
such meeting shall be held during each fiscal year. Notice of regular meetings of
the Board of Managers shall be given to each member of the Board of Managers,
by mail or telephone, at least three (3) business days prior to the, day named for
such meeting.
Section 9. Special Meetings. Special meetings of the Board of Managers
may be called by the President on three (3) business days notice to each
member of the Board of Managers, given by mail or telephone, which notice shall
state the time, place and purpose of the meeting. Special meetings of the Board
of Managers shall be called by the President or Secretary in like manner and on
like notice on the written request of at least three (3) members of the Board of
Managers.
Section 10. Waiver of Notice. Any member of the Board of Managers,
may, at any time, waive notice of any meeting of the Board of Managers in
writing, and such waiver shalt. be deemed equivalent to the giving of such notice.
Attendance by a member of the Board of Managers at any meeting of the Board
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shall constitute a waiver of notice by him. If all the members of the Board of
Managers are present at any meeting of the Board, no notice shall be required
and any business may be transacted at such meeting.
Section 11. Quorum of Board of Manaaers. At meetings of the Board of
Managers, a Majority thereof shall constitute a quorum for the transaction of
business, and the votes of a Majority of the members of the Board of Managers
present at a meeting at which a quorum is present shall constitute the decision of
the Board of Managers. If at any meeting of the Board of Managers there shall
be less than a quorum present, a Majority of those present may adjourn the
meeting from time to time. At any such adjourned meeting at which a quorum is
present, any business, which might have been transacted at the meeting
originally called, may be transacted without further notice. Only the complete
Board may vote on any change in voting power, as set forth in Article II, Section
14.
Section 12. Compensation. No member of the Board of Managers shall
receive any compensation from the Condominium for acting in that capacity, but
may be reimbursed for expenses incurred.
Section 13. Liabilitv of Board of Managers. The members of the Board of
Managers shall not be liable to the Unit Owners for any mistake of judgment,
negligence, or otherwise, except for their own individual willful misconduct or bad
faith. The Unit Owners shall indemnify and hold harmless each member of the
Board of Managers against all contractual liability to others arising out of
contracts by the Board of Managers on behaif of the Condominium unless any
such contract shall have been made in bad faith or contrary to the provisions of
the Declaration or these Bylaws. The members of the Board of Managers shall
have no personal liability with respect to any contract made by them on behalf of
the Condominium. The liability of any Unit Owner arising out of the indemnity in
favor of the members of the Board of Managers shall be limited to a proportion of
the total liability hereunder equivalent to the percentage indicated for such Owner
on Exhibit A of the Declaration.
Section 14. Voting. Each member of the Board of Managers shall have
one vote, irrespective of the fact that the Unit of such member may be owned by
more than one individual or entity. Any action of the Board of Managers requires
a Majority vote. This section shall not be amended, except by a unanimous vote
of the members of the Board of Managers, by vote in person or written ballot.
ARTICLE III
UNIT OWNER'S ORGANIZATION
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Section 1. Initial Meetina of Owners. Until the first meeting of the Unit
Owners, the Declarant shall exercise the power of the Board of Managers.
Within 120 days after the date seventy-five (75%) percent of the Units have been
conveyed to Unit purchasers or three (3) years after the date of first conveyance
to a Unit purchaser, whichever occurs first, or at such earlier time as the
Declarant may determine, the initial meeting of Owners shall be conducted at
which time the Declarant shall have no special rights, express or implied, or any
special control or veto powers, and control of the Condominium Project shall
pass to the Owners of Units within the Project subject to the right of the Declarant
as Unit Owner of unsold Units and the voting and other rights pertinent to such
Unit ownership. The initial meeting of Owners shan be called by the Declarant
and all Unit Owners shalt be notified thereof as provided under Section 5 of this
Article III. At such initial meeting of Owners, the Board of Managers shall be
elected by ballot of the Unit Owners ¡naccordance with the requirements of
Section 4 of Article II of these Bylaws. The Unit Owners may transact such other
business at such meeting as may properly come before them.
Section 2. Annual Meetinq. Regular annual meetings shall be held each
year on a day to be set by the Board of Managers. At such meeting, the
members of the Board of Managers shall be elected in accordance with these
Bylaws and such other business as may properly come before the meetings shall
be transacted.
Section 3. Place of Meetinqs. Meetings of the Unit Owners shall be held
at such place convenient to the Owners as may be designated by the Board of
Managers.
Section 4. Special Meetinqs. It shall be the duty of the Secretary to call a
special meeting of the Unit Owners if so directed by resolution of the Board of
Managers or upon a petition signed and presented to the Secretary by Unit
Owners owning a total of at least fifty (50%) percent of the common interest of all
Units. The notice of any special meeting shall state the time, place and purpose
of the meeting, and no other business may be transacted at such special
meeting.
Section 5. Notice of Meetinq. The Secretary shall cause to be delivered,
personally or by mail, to each Unit Owner a notice of each annual or special
meeting of the Unit Owners, at Jeast three days but not more than twenty days
prior to such meeting, stating the time, place and purpose thereof. The notice
shall be delivered to the Owner or to Owner's Unit address, or to such other
address as the Owner shaU have designated in writing to the Secretary.
Section 6. Adjournment of Meetinas. If any meeting of Unit Owners
cannot be held because of lack of a quorum, a Majority of Unit Owners present at
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such meeting, either in person or by proxy, may adjourn the meeting to a time not
less than twenty-four (24) hours from the time set for the original meeting.
Section 7. Order of Business. The order of business at all meetings of
the Unit Owners shall be as follows:
(a) Roll call;
(b) Proof of notice of meeting;
(c) Reading of minutes of preceding meeting;
(d) Reports of officers;
(e) Report of Board of Managers;
(f) Reports of committees;
(g) Election of inspectors of election (when so required);
(h) Election of members of the Board of Managers (when so
required);
(i) Unfinished business; and
(j) New business.
Section 8. Votim:¡. The Owner of each Unit, in person or by written proxy,
shall be entitled to cast the vote appurtenant to his or her Unit at all meetings of
the Unit Owners. There shall be one vote appurtenant to each Unit and if a Unit
is owned by more than one person or entity, or if the authority to vote is to be
otherwise designated, the name of the person entitled to vote shall be designated
in writing, to the Secretary, prior to the meeting and shall remain in effect until
revoked. Such written designation must be signed by all Owners of a Unit or the
proper officers or partners of a fictional entity, which owns the Unit. Failure to
make such designation shall constitute a waiver of the right to vote.
Section 9. Majority of Unit Owners. As used in these Bylaws the term
"Majority of Unit Owners" shall mean more than fifty (50%) percent of the total
votes represented at any meeting of the Unit Owners, as determined in
accordance with the provisions of Section 8 of this Article III.
Section 10. Quorum. Except as otherwise provided in these Bylaws, the
presence of persons entitled to vote the votes appurtenant to not less than fifty
(50%) percent of the total number of the Units in the Condominium shall
constitute a quorum at all meetings of Unit Owners.
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Section 11. Maiority Vote. The vote of a Majority of the Unit Owners at a
meeting at which a quorum is present shall be binding upon all Unit Owners for
all purposes except where a greater percentage is required by law, the
Declaration or these Bylaws.
ARTICLE IV
OFFICERS
Section 1. Desianation. The principal officers of the Condominium shall
be the President, the Vice President, the Secretary and the Treasurer, all of
whom shall be elected by the Board of Managers. The President and Vice
President must be members of the Board of Managers. More than one office
may be held by the same person.
Section 2. Election of Officers. Officers shall be elected by the Board of
Managers at the annual meeting of each new Board of Managers and shall hold
office at the pleasure of the Board of Managers.
Section 3. Removal of Officers. Upon the affirmative vote of a Majority of
the members of the Board of Managers, any officer may be removed, either with
or without cause, and his successor may be elected at any regular meeting of the
Board of Managers, or at any special meeting of the Board of Managers called
for such purpose.
Section 4. President. The President shall be the Chief Executive Officer
of the Condominium. He shall preside at all meetings of the Unit Owners and of
the Board of Managers. He shall have all of the general powers and duties,
which are incident to the office of President of a corporation. The President shall
exercise general supervision over the Property and the affairs of the
Condominium.
Section 5 Vice-President. The Vice-President shall take the place of the
President and perform his duties whenever the President shall be absent or
unable to act. If neither the President nor the Vice-President is able to act, the
Board of Managers shall appoint some other member of the Board of Managers
to act in the place of the President, on an interim basis. The Vice-President shall
also perform such other duties as shall from time to time be imposed upon him
by the Board of Managers or by the President.
Section 6. Secretary. The Secretary shall keep the minutes of all
meetings of the Unit Owners and of the Board of Managers, and the Secretary
shall have charge of such books and papers as the Board of Managers may
direct. The Secretary shall keep accurate notes, records and other information of
value to the Condominium and Unit Owners and shall, in general, perform all of
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the duties incident to the office of Secretary. The duties of the Secretary may be
delegated to the Managing Agent.
Section 7. Managing Agent. The Managing Agent shall have the
responsibility for Condominium funds and securities and shall be responsible for
keeping full and accurate financial records and books of account showing all
receipts and disbursements, and for the preparation of all required financial
statements. The Managing Agent shall be responsible for the deposit of all
moneys and other valuable effects in the name of the Board of Managers, or the
Managing Agent, in such depositories as may from time to time be designated by
the Board of Managers. The Managing Agent shall be responsible for the
collection of the Condominium fees and assessments. The Managing Agent
shall, in general, perform all the duties incident to the office of the Managing
Agent.
Section 8. Agreements, Contracts. Deeds. Checks. etc. All agreements,
contracts, deeds, checks and any other instrument of the Condominium shall be
executed by any two (2) officers of the Condominium or by such other person or
persons as may be designated by the Board of Managers.
Section 9. Compensation of Officers. No officer shall receive
compensation from the Condominium for acting as such, but may be reimbursed
for expenses incurred.
ARTICLE V
OPERATION OF THE PROPERTY
Section 1. Determination of Common Expenses and Common Charaes.
The Board of Managers shall, from time to time, and at least annually, prepare a
budget for the Condominium, determine the amount of the common charges
required to meet the common expenses of the Condominium, and allocate and
assess them against the Units. All common expenses shall be allocated to Unit
Owners in equal flat fee assessments with no variance reflected by percentage of
ownership. The Common Area and assessments are due and payable on a
monthly basis as defined herein. Other assessments shall be due at such
intervals as the Board of Managers shall determine. The common expenses
shall include, among other things such amounts as the Board of Managers may
deem proper for the management, operation and maintenance of the
Condominium Property, (including amounts for working capital, a reserve fund for
replacements, and to make up any deficit for any prior years); and such amounts
as may be required for the purchase or lease of any Unit which the Board of
Managers may acquire in accordance with the provisions of these Bylaws. The
Board of Managers or its designee shall advise each Unit Owner in writing of the
amount of common charges assessed against his Unit, and furnish him a copy of
the budget on which such common charges are based.
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Section 2. Insurance. Each Unit Owner shall be responsible for any
insurance for insuring the improvements located within their Unit as well as their
contents. Additionally, each Unit Owner shall be required to maintain an
umbrella liability policy in an amount of not less than One Million and No/10oths
($1,000,000.00) Dollars. Each policy of insurance shall identify the
Condominium and the Board of Managers as additional insureds.
Section 3. Repair or Reconstruction after Damaae. Subject to the
provisions of Wyoming law, in the event of damage to the Project, the Board of
Managers shall arrange for the prompt repair and restoration of the premises
insured under the policies obtained pursuant to this Article, and the Board of
Managers shall disburse the proceeds to pay for such repair and restoration, and
any cost in excess of the insurance proceeds shall be included as a common
expense and assessed by the Board of Managers. In the event that all or a
substantial and material portion of the Project has been destroyed or damaged,
and the Board of Managers are opposed to repair or restoration, the
Condominium Project shall be subject to an action for partition at the suit of any
Unit Owner, as if owned in common, in which event the net proceeds of sale,
together with the net proceeds of insurance policies (or if there shall have been a
repair or restoration pursuant to the first paragraph of this Section 3, and the
amount of insurance proceeds shall have exceeded the cost of such repair or
restoration then the excess of such insurance proceeds) shall be divided by the
Board of Managers among all the Unit Owners by percentage of interest as
shown on Exhibit A attached to the Declaration, after first paying out of the share
of each Unit Owner the amount of any unpaid liens on his Unit, in the order of the
priority of such liens.
Section 4. Payment of Common Charaes. All Unit Owners shall be
obligated to pay when due the common charges assessed against their Unit by
the Board of Managers. No Unit Owner shall be liable for the payment of any
part of the common charges against his Unit coming due subsequent to a
permitted conveyance thereof. A Unit Owner may, subject to the conditions
specified in these Bylaws, and provided that his Unit is free and clear of liens and
encumbrances other than a permissible first Mortgage and the statutory lien for
unpaid common charges, convey his Unit to the Board of Managers or its
designee, corporate or otherwise, on behalf of all of the Unit Owners, and in such
case be exempt from common charges thereafter coming due. A purchaser of a
Unit shall be liable for the payment of common charges assessed against such
Unit prior to the acquisition by him of such Unit, except that a mortgagee or other
purchaser of a Unit at a foredosure sale shalf not be liable for, and such Unit
shall not be subject to a lien for, the payment of common charges coming due
prior to the foreclosure sale.
Section 5. Collection of Charaes. The Board of Managers shall assess
common charges against each Unit from time to time and at least annually and
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shall take prompt action to collect from a Unit Owner any common charge, which
remains unpaid for more than ten (10) days from the date it is due. The Board of
Managers may secure a lien against a Unit as to which there exists unpaid
common charges upon filing in the office of the Recorder a Notice of Assessment
stating the amount claimed due, the name of the record Owner thereof, the legal
description of the Unit and executed and acknowledged by any member of the
Board of Managers or any officer.
Section 6. Default in Payment of Common CharQes. In the event of
default by any Unit Owner in paying the common charges, such Unit Owner shall
be obligated to pay interest on the amount of delinquent common charges from
the due date thereof, together with all expenses, including attorney's fees,
incurred by the Board of Managers in any proceedings brought to collect such
unpaid common charges. Interest shall be at the assessment rate established in
the Declaration, and subject to the limitations therein stated. The Board of
Managers shall have the option of recovering such amounts, either by an action
brought against the Unit Owner, or by foreclosure of the statutory lien on such
Unit.
Section 7. Foreclosure of Liens for Unpaid Common Charaes. The Board
of Managers may bring an action to foreclose the statutory lien on a Unit for
unpaid common charges in accordance with the statutes relating to foreclosures
of real estate Mortgages in the same manner as if said lien were a real estate'
Mortgage. The Board of Managers, through its designee, may purchase the Unit
at the foreclosure sale and deal with it in any manner as any other Unit Owner. A
suit to recover a money judgment for unpaid common charges shall be
maintainable without foreclosing or waiving the statutory lien. The liens for
delinquent common charges shall be inferior to the purchase money Mortgage
and any other Mortgage recorded prior to the filing of the Notice of Assessment.
Section 8. Statement of Common Charges. VVhen requested in writing,
the Board of Managers shall promptly provide any Unit Owner or his mortgagee
with a written statement of the unpaid common charges.
Section 9. Abatement and Enioinina of Violations. The violation of any
rule or regulation adopted by the Board of Manager$, any provision of these
Bylaws or the Declaration shall give the Board of Managers the right, in addition
to any other rights it may have:
a. To enter the Unit in which such violation exists and summarily
abate and remove, at the expense of the Owner, such violation
without being guilty in any manner of trespass; or
b. To enjoin, abate or remedy such violation by appropriate legal
proceedings.
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Section 10. Maintenance and Recair.
a. All maintenance of and repairs to any Unit, with the exception of the
exterior maintenance shall be made by the Owner of such Unit.
Each Unit Owner shall be responsible for all damages to any other
Unit and to the Common Elements resulting from his failure to
effect such maintenance and repairs. The Board of Managers shall
be responsible for the maintenance and repair of exterior surfaces
of all buildings located within the Project, including individual Units,
and their associated Hangars, including, without limitation, the
painting of the same as often as necessary and the replacement of
trim and caulking, the maintenance and repair of roofs, gutters,
downspouts and the maintenance and repair of overhangs. The
Board of Managers or its designee shall have the right to enter
upon the individual Units for the purpose of maintaining the exterior
of all buildings, and the common plumbing and utility lines. The
Board of Managers shall be responsible for all incidental damage
caused to a Unit or to a structure thereon by any maintenance,
repair, alteration or improvement of the Common Areas and
facilities located therein or the exterior of the buildings located
thereon, or any part thereof.
b. All maintenance, repairs and replacements to the Common
Elements, whether located inside or outside of the Units (unless
necessitated by the negligence, misuse, or neglect of a Unit Owner,
in which case such expense shall be charged to such Unit Owner),
shall be made by the Board of Managers and be included as a part
of the, common expense.
Section 11. Use of Units. In order to provide for congenial occupancy of
the Project and for the protection of the values of the Units, the use of the
Condominium Property shall be subject to the following limitations:
a. Each Unit shall be used only as a residence.
b. The Common Elements shall be used only for the furnishing of the
services and facilities for which they are reasonably suited and
which are incidental to the use and occupancy of the Units.
c. No nuisances shall be allowed on the Project 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 Project.
d. No immoral, improper, offensive or unlawful use shall be made of
the Condominium or any part thereof, and all applicable laws,
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zoning ordinances and regulations of all governmental bodies shall
be complied with. Such compliance shall be effected by the Unit
Owners or the Board of Managers, whichever shall have the
obligation to maintain or repair the part of the Project causing the
violation.
Section 12. Additions. Alteration or Improvements bv Board of Manaaers.
The Board of Managers may make such alterations, additions or improvements
to the Common Areas as it sees fit, and the cost shall be included in the
assessment of common charges.
Section 13. Additions. Alterations or Improvements bv Unit Owners. No
Unit Owner shall make any additions, alterations or improvements in or to any
building located upon his Unit, except for remodeling or redecorating confined
wholly within the Unit itself, without the prior written consent of the Board of
Managers, after written request therefore, which must be answered within thirty
(30) days after receipt of such written request, and failure to answer shall
constitute a waiver of the provision of this section. The application for any
necessary permit from any governmental agency shall be executed by the
Secretary of the Board of Managers. The Board of Managers shall not be liable
to any contractor, subcontractor, or material-man, or to any person sustaining
personal injury or property damage, for any claim arising in connection with such
addition, alteration, or improvement.
Section 14. Use of Common Elements and Facilities. A Unit Owner shall
not place any object or obstacle in any of the Common Areas or facilities.
Section 15. Riahts of Access. Each Unit Owner shall be presumed to
have granted a right of access to his Unit to the Managing Agent and any other
person authorized by the Board of Managers, the Manager or Managing Agent,
to make inspections; to correct any condition originating in his Unit and
threatening another Unit or Common Element; to install, alter or repair
mechanical or electrical service or other Common Elements located in or
adjacent to the Unit and to correct any condition which violates the Declaration,
these Bylaws, the rules and regulations estabJished by the Board of Managers,
the provisions of any Mortgage covering any Unit or which violates or increases
the hazard under the terms of any insurance policy. When feasible, such entry
shall be made upon prior arrangement with the Unit Owner at a time reasonably
convenient to the Unit Owner; however, in case of an emergency such right of
entry shall be immediate, whether or not the Unit Owner is present.
Section 16. Utilities. Charges for gas, electricity, water, sewer, garbage,
telephone and cable will be separately metered to each Unit and cost thereof
shall be paid by the respective Unit Owner.
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ARTICLE VI
MORTGAGES
Section 1. Mortgage of Units. Each Mortgage on a Unit shall be
substantially of the type customarily used in this area, except for such changes or
additions as may be required to effect a valid lien on a Condominium Unit. The
Board of Managers, its agents and employees, shall do no act, which will affect
or prejudice the material rights of any mortgagee.
ARTICLE VII
SALE OR LEASE OF UNITS
Section 1. Notice of Conveyance. 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 apprise the other party of 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 the Bylaws, and in the case of a lease, such provisions
shall be specifically incorporated as a condition of the lease.
Section 2. 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, it being the intention hereof to prohibit
any severance of such appurtenant interests. Any such deed, Mortgage, or other
instrument purporting to affect one (1) or more of such interests, without including
all such interests, shall be deemed and taken to include the interest of interests
so omitted, even though it shall not be expressly mentioned or described therein.
No part of the appurtenant interests of a Unit may be conveyed, except as part of
a conveyance of the Unit to which such interests are appurtenant.
Section 3. Waiver of Right of Partition with Respect to Units Acguired bY
Board of Managers. In the event that a Unit shall be acquired by the Board of
Managers or its designee, pursuant to the provisions of the Declaration and
these Bylaws, all Unit Owners shall be deemed to have waived all rights of
partition with respect to such Unit, except upon partition of the Condominium
Project and further excepting his rights in the proceeds of sale of such Unit.
. Section 4. Payment of Assessments. No Unit Owner shall be permitted to
convey his Unit unless and until he shall have paid in full all unpaid common
charges then due against his Unit and until he shall have satisfied all unpaid liens
against such Unit, except permitted Mortgages.
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ARTICLE VIII
CONDEMNATION
000085
Section 1. Condemnation. In the event of taking in condemnation or by
eminent domain of part or all of the Common Elements, the award made for such
taking shall be payable to the Board of Managers. If the Board of Managers duly
and promptly approves the repair, replacement or restoration of such Common
Elements, the Board· of Managers shall arrange therefore and disburse the
proceeds of such award to pay for such repair, replacement or restoration. If the
Board of Managers does not duly and promptly approve the repair, replacement
and restoration of such Common Elements, the Board of Managers shall
disburse the net proceeds to the Unit Owners and their mortgagees in proportion
to their percentage interests as shown on Exhibit A attached to the Declaration.
ARTICLE IX
RECORDS
Section 1. Records and Audits. The Board of Managers or the Managing
Agent shall maintain financial records and books of account for the Condominium
Project, including a chronological listing of receipts and disbursements, as well
as a separate account for each Unit which shall contain the amount of each
assessment of common charges against such Unit, the date when due, the
amounts paid thereon and the balance remaining unpaid. The Board of
Managers or Managing Agent shall maintain current copies of the declaration,
bylaws and other rules concerning the Project, as well as the books, records and
financial statements for the Project. Such documents shall be available for the
inspection by Unit Owners or by the holders, insurers or guarantors of first
Mortgages that are secured by Units in the Project. Such documents shall be
available during normal business hours. The Board of Managers shall make an
audited financial statement for the preceding fiscal year available to the holder,
insurer or guarantor of any first Mortgage that is secured by a Unit on submission
of a written request for such statement. The financial statement must be
available within 120 days of the Condominium's fiscal year.
ARTICLE X
MISCELLANEOUS
Section 1. 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
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000086
Agent, to the office of the Board of Managers or to such other address as the
Board of Managers may 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 registered or certified mail to their respective
addresses, 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.
Section 2. Invaliditv. The invalidity of any part of these Bylaws shall not
impair or affect in any manner the validity, enforceability or effect of the balance
of these Bylaws.
Section 3. Captions. The captions herein are inserted only as a matter of
convenience and for reference, and in no way define, limit or describe the scope
of these Bylaws, or the intent of any provision.
Section 4. Gender. The use of the masculine in these Bylaws shall be
deemed to include the feminine, and the use of the singular shall be deemed to
include the plural, whenever the context so requires.
Section 5. Waiver. No restrictions, condition, obligation or provision in
these Bylaws shall be deemed to have been abrogated or waived by reason of
any failure to enforce the same, irrespective of the number of violations or
breaches thereof which may occur.
ARTICLE XI
AMENDMENTS TO THE BYLAWS
Section 1. Amendments to the Bvlaws. Except for matters as to which the
Declaration requires a vote of the Unit Owners and mortgagees, these Bylaws
may be modified by the approval of a Majority of the Board of Managers. No
amendment shall be adopted or become effective which would affect the lien of
any Mortgage on any Unit, unless the mortgagee has given its written consent.
ARTICLE XII
CONFLICTS
Section 1. Conflicts. These Bylaws are set forth to comply with the
requirements of the laws of the State of Wyoming. In case any of these Bylaws
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000087
conflict with the provisions of such statute or of the Declaration, the provisions of
such statute or the Declaration, as the case may be, shall control.
IN WITNESS WHEREOF, t e Owner and Declarant has caused this
Declaration to be duly executed on ' , 2008.
Delaware
STATE OF WYOMING )
) ss.
COUNTY OF LINCOLN )
/'-
'-----
Jlte
The foregoing instrument was acknowledged
, 20Q1, by t:.: ,;oK(, t' p¡'J LdM /, ¡i<¡
of Solitude Holdings, LLC, a Delaware
p ny, on behalf of the limited liability company.,
(SEAL)
before me on
, the
limited liability
~1(....."". .,;.',"":r:P¥'~
VALERIE L ,3<:}I" ì,:, ''-',:'iCTA.RY PUBLIC
County of
Lincoln
State of
Wyoming
,.
My Commis$,c! I:':,:,,·· ~~~." "'''''"t,·',':.'.'1' <Q 'Jnin ~,i8, 2010,
!1"!'.,\~,\','1r,'·"'¡\r·""'~-·· "~
Meadowlark Construction, LLC, a
Wyoming limited li~,~.iJjty company
~~
BY~:.c;::'·:'··;·"~~~~_____---"-·-'·_·'-''''
Its: fr.¿c.J~,-..: 'h~;. ""'-S' f
,
STATE OF WYOMING
)
) ss.
)
COUNTY OF LINCOLN
The foregoing ir:~nt was acknowledged before me on
~. ~ 7 ' 2007, by L\C)TJ'{'V'\ ~ , the
\ A 11\..1-- of Meadowlark Construction, LLC, a Wyoming limited liability
company, on behalf of the limited liability company.
&~1/:1. /./ItjM f¡;,þ
Notary P lie
(SEAL)
SALLY L MARTIN NOTARY PUBLIC
COUNTY OF ~ STATE OF
LINCOLN ~ WYOMING
MY COMMISSION EXPIRES SEPTEMBER 13.2010
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