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RECEIVED 5/28/2008 at 4:18 PIVI
RECEIVING # 939356
BOOK: 695 PAGE: 605
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
\::00605
MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR THE
SNAKE RIVER JUNCTION TOWNHOMES AND CONDOMINIUMS
LINCOLN COUNTY, WYOMING
Ü00606
Table of Contents
RECITALS ................................................................................................................................ ..... 1
ARTICLE I - DEFINITIONS..... ................ ............. ...... ...... ....... .... ................ ......... .... ........ ........... 2
1.1 Allocated Interest ............. ........ ........... ........ ..................... ......... ............... .......... .......... 2
1.2 Articles ... ...... .'. ........... ...... ............................ ........ ............... ............................ .............. 2
1.3 Assessments................................................................................................................. 3
1.4 Assessment Lien............ ................. ............... ....... ...... ................. ..... ....... .......... .....;..... 3
1.5 Association... ...... .................... .................................... ...... ........... .......... ............. .......... 3
1.6 Board of Directors or Board......................................................................................... 3
1.7 Building.... ................... ..................... ........... ............ ................. ............... ....... ...... ........ 3
1.8 Bylaws.. ......... ........... .................. ....... ................... ................... ............. ........................ 3
1.9 Common Elements.... ....... .......................... ......... ..................... ....... ........... .................. 3
1.10 Common Expenses...... ...... ..................... ..... ........ ..................... ................. ................... 4
1.11 Common Expense Assessment......... ............. ....... .................... ....... .............. ............... 4
1.12 Common Expense Liability....... ......................... ........ ...................... ................. ........... 4
1.13 Condominium. .......... ....... ........... ..... ............. ................................ ..... ........ ................... 4
1.14 Condominium Documents........ ......................................... ........................ ..... .............. 4
1.15 Condominium Plat................ .......... .................. ..................................... ....................... 4
1.16 Declarant ............... ............ ................... ............................................. ..... ...... ................ 5
1.17 Declaration ....... ...... ................... ................. ........................ ........................... ............... 5
1.18 Development Rights.................................................. ......... ................. ............. ............ 5
1.19 First Mortgage....... ............................................... ............................... ......................... 5
1.20 First Mortgagee.......... ..... ......... .......... ............... ...... ......... ............... ...... ....................... 5
1.21 Improvements......... ..................... ........... ....... ............... ...... ........................ ............. ..... 5
1.22 Limited Common Elements ......................................................................................... 5
1.23 Lot ............. ............ ......... ............... ...... .......... .................... ................... ............. ........... 6
1.24 Member...................... "'" ............ ..................................... ...... ................ ...... ................ 6
1.25 Owner .......... ............ ......................... .............. ........................ .............. ........................ 6
1.26 Period of Declarant Control... ......................... ..... ...... ........... .......... ..... .......... .............. 6
1.27 Person or Persons............ ...................... ................................. ........... ............... ............ 7
1.28 Purchaser............................................................................................... ....................... 7
1.29 Rules........... ........... ......... .............. ............... .......................... ........ ....... ........................ 7
1.30 Snake River Junction Townhomes and Condominium Development ......................... 7
1.31 Townhome...... ........... ...... ...... ...... ...................... ......... ...... ........... ........... ...... ........... ..... 7
1.32 Townhome Documents.............. ............ ..... ................. ................................... ............. 7
1.33 Townhome Plat...... ......... "'" ..................................... ...... ........... ....... ............... ...... ...... 8
1. 34 Unit..... .. .. ... .... ..... . .. ..... .. ........ .. ..... ...... .. ...... .... . .. .. .... .... "" ..... .... .... .... . ............ ..... ..... ... ... 8
ARTICLE II - ALLOCATION OF ALLOCATED INTERESTS.................................................. 8
2.1 Allocation of Allocated Interest ................................................................................... 8
2.2 Allocation of Common Expense Liabilities ................................................................. 8
2.3 Allocation and Reallocation of Common Elements and Limited Common Elements. 8
ARTICLE III - DECLARANT'S RESERVED RIGHTS ..............................................................9
3.1 Completion of Improvements. ........... .................................................... ....... ................ 9
3.2 Sales, Marketing and Management ............................................................................10
3.3. Merger ..... ..... .......... ......................... ..................................... ....................... ..... .......... 11
3.4. Annexation of Additional Properties.. .................... ........................... ......................... 11
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3.5 Annexation Procedure.. ........... ........... ........ .................... ....... .......... ..... ...... ........... ..... 11
3.6 Effect of Expansion or Contraction.............,.... ...... ............................ ......................... 12
3.7 Subdivision or Revision; Conversion of Townhomes or Units into Common Elements
1
12 ,
3.8 Allocate and Reallocate Common Elements and Allocated Interests ........................ 13
3.9 Other Reserved Development Rights ..........'............................................................... 13
3.10 Declarant's Easements. .......... "" ".""".".."""". ............. ........... ....... .... ................. ....... 13
3.11 Owner Grant of Power of Attorney for Dec~arant's Exercise of Reserved Rights.... 14
3.12 . Transfer of Declarant's Reserved Rights. ...!............................................................... 14
3.13 Tennination of Declarant's Reserved Right,s. ............................................................ 14
ARTICLE IV - EASEMENTS.......... ......... ...................................... ..... ........ ............... .;.. ............. 14
4.1 Existing Easements ................................... ..'............................................................... 14
4.2 Utility Easements........ ............... ........ ........... .... ............ ................ ............. ........ ........ 15
4.3 Easements for Ingress and Egress.............................................................................. 15
4.4 Owners' Easements of Enjoyment..............~........ ........... ............. ....... .......... ..... ........ 15
4.5 Common Elements Easement in Favor oftij.e Association........................................ 16
4.6 Easement in Favor of ..Association...............~............................................................ 16
4.7 Easement for Unintended Encroachments .. ó....... .. ...................... .. ............... .............. 17
ARTICLE V - USE AND OCCUPANCY RESTRICTIpNS ...................................................... 17
5.1 Plat Notes... ........ ........... ........ "'" .............. ...;..... ............ ............... ....... .......... ....... ...... 17
5.2 Residential Use............................................;.............................................................. 17
5.3 Improvements and Alterations .............. ...... ........................ ............. ......................... 19
5 .4 No Partition and Subdivision...................... L............................................................. 19
5.5 Machinery and Equipment.......................... J...................................................... ........ 19
5.6 Environmental Restrictions........................................................................................ 19
5.7 General Restrictions Regarding Parking of Vehicles................................................. 20
5.8 Parking Roads and Drives...........................;.............................................................. 20
5.9 Motor Vehicle Repair and Towing ofVehi~les ..................................:...................... 21
5.1 0 Signs..... """"'" .... .. .. .. ...... ..... ...... ........... .. ... ",' ......... ........ .... ... .. "" ........... .... ...... ..... .. ... 21
5.11 Lawful Use.................................................. .1.............................................................. 21
5.12 Nuisances and Offensive Activity ................1........ ........... ...................... ............. ........ 22
5.13 Window Coverings................ ........ ........ .......:......... ........... ....... """"""'" .................... 22
5.14 Limitation on Leasing..................................,............................................................. 22
5.15 Community Privacy Measures ....... ...... ........, ...... ................... ......... ................. .......... 22
5.17 Pets ........ .......... ................ ............ ................ .... ...................... .... ....................... .......... 23
5.18 Limitation on Fencing... "'''''' ........... ........... ...... .................. .......... ......... .... ......... ""'" 24
5.19 Obstructing Common Elements .......... ........,l"... ....... ................................................. 24
5.20 Prohibited Item~ In Limited Common Element .........................................................24
5 .21 Water and Sewer Use...................................;.......................... ................................... 25
5 .22 Variances..................................................... .l............................................................. 25
ARTICLE VI - MAINTENANCE, REPAIR AND CONTROL OF BUILDING AND
COMMON ELEMENTS ..:........ .... ............ ....... ...... ...... .:...... ....... .... .... .......... ....... ...... ...... .... ....... 25
6.1 Duties of the Association and Board........................................................................... 25
6.2 Duties of Owners.........................................:............................................................. 26
6.3 Owner's Failure to Maintain......... ............. ...J......... ..................... .............. .......... ....... 26
I
6.4 Repair or Restoration Necessitated by Ownq ........................................................... 26
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6.5 Right to Reasonable Access ............... ........ ..,.. ................. ....... ................................... 26
6.6 Emergency Access..................................................................................................... 27
ARTICLE VII - THE ASSOCIATION; RIGHTS AND DUTIES; MEMBERSHIP ................... 27
7.1 Rights, Powers and Duties of the Association ........................................................... 27
7.2 Directors and Officers............ ........ ......... ...... .......... ..... .......... ..... ...... .... ""'" .............. 28
7.3 Rules and Regulations by Board ................................................................................28
7.4 Composition of Members........ ................ ........................... ................ ........................ 29
7.5 Membership and Voting Rights ................................................................................. 29
7.6 Non-Liability of Officials and Indemnification ......................................................... 29
7.7 Annexation by the Town of Alpine, Wyoming.......................................................... 30
ARTICLE VIII - ASSESSMENTS... ............... .................. ............... ",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 30
8.1 Creation of the Lien and Personal Obligation to Pay Assessments ........................... 30
8.2 Purpose of Assessments ............................................................................................. 31
8.3 Preparation of Budget................. ................. ......... ................................ ...................... 31
8.4 Common Expense Assessment..... ........................ ............................... .....".. ........ ...... 32
8.5 Special Assessments................... .... ...................... ...... ........... ............... ............. ......... 33
8.6 Notice and Quorum for Any Action Authorized Under Section 8.5.......................... 33
8.7 Effect of Nonpayment of Assessments; Remedies of the Association ......................34
8.8 Subordination of Assessment Lien to Mortgages ...................................................... 35
8.9 Exemption of Owner ...... ....................................................... ....... .......... ............. ....... 35
8.10 Certificate of Payment............... ........... ........ ..................... ......... .................. ......... ..... 35
8.11 No Offsets......... ......... ......................... .................. .............. ................... ...... ....... ....... 35
8.12 Surplus Funds.... .......................... .............. .......................... ................... ............. ....... 35
8.13 Monetary Charges and Assessments .......................................................................... 36
8.14 Reserves Fund............................................................................................................ 36
ARTICLE IX - INSURANCE.. ............ ............. ............... .............................................. .............. 36
9.1 Scope of Coverage ... ......... ........... .............. ................... ..... .......... ........ ...................... 36
9.2 Payment of Premiums...................................................,............................................ 38
9.3 Insurance Obtained by OwnerslNon-Liability of Association................................... 38
9.4 Payment of Insurance Proceeds...... ............... .............. .... ......."............ ........... ........... 39
9.5 Certificate of Insurance ... ...................................... ..... ........ ................. ........... ............ 39
ARTICLE X - EMINENT DOMAIN & ANNEXATION ........................................................... 39
10.1 Notice and Negotiations........... ......................... ..... .............................. ................. ..... 39
1 0.2 Award Proceeds.... ........... ........ ......................................... .............. ..... ................. ...... 40
10.3 Annexation to Town of Alpine, Wyoming................................................................. 40
ARTICLE XI - MANDATORY PROCEDURES ........................................................................ 40
11.1 Consensus for Association Action ............................................................................. 40
11.2 Alternative Method for Resolving Disputes............................................................... 41
11.3 Claims......... ......................... .............. ...... ...." ..................... ........................... ............. 41
11.4 Mandatory Procedures................................................................................................ 42
11.5 Amendment of Article XI .......................................................................................... 45
ARTICLE XII - GENERAL PROVISIONS....... ..... ............... .... ........ ...... ................. .................... 45
12.1 Enforcement. ...... .. . ..... . ..... . .. ... .. ...... . .. .. ...... ..... .... . ... ..... .... .... ... .. "" .... ..". .. ... ... ..... .... .... 45
12.2 Severability... ...... ... .... ...... ........... ......... ...... ................... ...... ..... .... ................. .... .... ...... 45
12.3 Amendment of Declaration ...... .......... ........................ ......... ................ ....................... 45
12.4 Remedies Cumulative..................... .............................................. ................... .......... 46
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12.5 Notices. ......... .............................................. .................... ..................... ....................... 46
12.6 Binding Effect..............................................;.............................................................. 46
12.7 Gender.........................................................;.............................................................. 47
12.8 Topic Headings ............................. ..............:................... ...... ....... ........ ...................... 47
12.9 Survival of Liability............ ........... ............. ,..... ..... ...... ........... ..... ............. .......... ....... 47
12.10 Construction.. ............. ........... .......... ........ :...... ................. ..................... .................. 48
12.11 Joint and Several Liability ..................................................................................... 48
12.12 Guests and Tenants..... ............................ ............. ....... ..................... ...................... 48
12.13 Attorneys' Fees ................. ............. ..... ..................... ..... ...... ............... ....... ............. 48
12.14 Number of Days....................................... ................. ................. ..... ....................... 48
12.15 Declarant's Disclaimer of Representations ................. ........... ...... ..... ...... ............... 49
12.16 No Absolute Liability............................................................................................ 49
12.17 Choice of Law, Venue, and Personal Jurisdiction................................................. 49
12.18 Limitation Upon Liability of Declarant and Management Firm ........................... 49
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(;;0061. 0
MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
THE SNAKE RIVER JUNCTION TOWNHOMES AND CONDOMINIUMS
THIS MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR THE SNAKE RIVER JUNCTION TOWNHOMES AND CONDOMINIUMS,
("Declaration") is made effective the date that this Declaration is recorded in the office of the
Lincoln County, Wyoming Clerk by Alpine Development Group, LLC, a Wyoming limited
liability company ("Declarant").
RECITALS
A.
follows:
Declarant is the owner of land located in Lincoln County, Wyoming, described as
A parcel of land located in the S1I2 S1I2 of Section 20 T37N, R118W, Lincoln
County, Wyoming, being identical with Lots 23, 29 and 30, Snake River Junction
Second Filing, a subdivision of record in Lincoln County, Wyoming under
Receiving No. 932576, which lots have been further subdivided into Lots 1,2, 3,
4, 5, 6, 7, 8, 9,10 and Common Area Lots A, B & C of the SNAKE RIVER
JUNCTION TOWNHOMES FIRST FILING, as more particularly shown on a
Plat bearing said subdivision name filed of record in the Office of the Lincoln
County, Wyoming Clerk.
All of the above-described real property, and any additional real property that may be added to
the above described real property by Declarant in the future, together with all Improvements
thereon, shall hereafter be referred to in this Declaration as "the Property".
B.' Declarant intends to construct or cause to be constructed on or to enable the
Property to be used for construction and sale ofTownhomes and/or Condominium Units and
appurtenant Improvements.
C. Declarant desires and intends that the Property shall be held, sold and conveyed
subject to the covenants, conditions, restrictions and easements in this Declaration, which:
i. Are for the purpose of protecting the value, desirability, attractiveness and
character of the Property;
ii. Shall run with all of the real property, appurtenances, and structures
comprising the Property;
111. Shall be binding on all parties having any right, title, or interest in the
Property, or any part thereof; and
Master Declaration of Covenants, Conditions and Restrictions for
the Snake River Junction Townhomes and Condominiums
Lincoln County, Wyoming
Page 1
Ü0061.1.
iv. Shall inure to the benefit of the aforementioned parties and their
successors and assigns.
D. Declarant shall form a Wyoming nonprofit corporation ("the Association") as
hereinafter defined, for the purposes of, among other things:
1. The efficient preservation of the values and amenities of the Property, in
regard to which the Association will be delegated certain powers and duties of
administering and maintaining Improvements and Common Elements, and enforcing this
Declaration and Rules adopted pursuant hereto; and
11.
herein.
Establishing, collecting, disbursing and enforcing the Assessments created
NOW, THEREFORE, Declarant hereby declares, covenants and agrees as follows:
ARTICLE I - DEFINITIONS
As used in this Declaration, the following terms shall have the following meanings:
1.1 Allocated Interest
For purposes of determining Assessments, a fraction representing each Townhome's and
each Unit's pro rata share of Common Expenses (presented in either or both general decimal or
percentage format), the numerator of which is the combined square footages of each respective
individual Townhome Lot and Building and Porch, or the combined square footages of each
respective Condominium Lot and Building and Common Elements associated with each
Condominium Building, as applicabl~, and the denominator of which is the combined square
footages of all Townhome Lots, Buildings and Porches, and all Condominium Lots and
Buildings and Common Elements associated with all Condominium Buildings in the Snake River
Junction Townhomes and Condominium Development at any given time, it being acknowledged
and understood that the Allocated Interests will change from time to time as additional phases of
the. Project are platted and constructed over time. The individual and cumulative Allocated
Interests of all Townhomes and all Units are as shown on Exhibit A attached to this Declaration,
which Exhibit shall be amended from time to time by the Association to reflect changes resulting
from additions or subtraction of Townhomes and Units to or from the Snake River Junction
Townhomes and Condominium Development.
1.2 Articles
The Articles of Incorporation of the Association filed with the Wyoming Secretary of
State, as same may be amended from time to time.
Master Declaration of Covenants, Conditions and Restrictions for
the Snake River Junction Townhomes and Condominiums
Lincoln County, Wyoming
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1.3 i\ssessments
Common Expense i\ssessment and Special i\ssessments levied and assessed against each
Townhome and Unit pursuant to Article VIII of this Declaration.
1.4 i\ssessment Lien
The charge and continuing servitude and lien against a Townhome or a Unit for payment
of i\ssessments, fees, and other charges pursuant to this Declaration as more particularly
described in Section 8.1 of this Declaration.
1.5 i\ssociation
The "Snake River Junction Townhomes & Condominiums Owners i\ssociation," a
Wyoming nonprofit corporation created to administer and enforce this Declaration and the
related Townhome Documents and Condominium Documents, and to exercise the rights, powers
and duties set forth therein, and its successors and assigns.
1.6 Board of Directors or Board
The Board of Directors of the i\ssociation.
1.7 Building
i\ny structure designated as a building on a Townhome Plat or a Condominium Plat.
1.8 Bylaws
The Bylaws of the i\ssociation, as they may be amended from time to time.
1.9 Common Elements or Common i\rea
Those portions of the Property designated as "Common A.rea" or "Limited Common
A.rea" on any Townhome Plat.or any Condominium Plat, whether by use of the words "Common
A.rea" or "Limited Common i\rea" or other designation, or which are otherwise conveyed by
deed to the i\ssociation by Declarant for the common use and benefit of all or any Townhome or
Condominium Unit in the Snake River Junction Townhome and Condominium Development
which may include, if applicable, roads or access drives, yards, walkway areas, parking areas,
Master Declaration of Covenants, Conditions and Restrictions for
the Snake River Junction Townhomes and Condominiums
Lincoln County, Wyoming
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stairwells, and landings, and recreational facilities, if any. In addition to the foregoing, Common
Elements shall also include all portions of any Condominium Building that are not a Unit,
whether or not designated "GC" or "LC" on the Condominium Plat.
1.10 Common Expenses
Expenditures made or financial liabilities incurred or to be incurred by the Association,
together with required allocations to reserves, including but not lir;nited to expenditures incurred
in the enforcement of provisions of this Declaration and the related Townhome Documents and
Condominium Documents.
1.11 Common Expense Assessment
Any assessment levied against the Property pursuant to Section 8.4 of this Declaration.
1.12 Common Expense Liability
That amount equal to the product of a Townhome's Allocated Interest or a Unit's
Allocated Interest times the total amount of estimated Common Expenses pursuant to Article 8.4
of this Declaration.
1.13 Condominium
Any individual residential lot shown on a Condominium Plat that is dedicated to
condominium ownership pursuant to the Wyoming Condominium Ownership Act, W.S. §§34-
20-101 et seq. (as may be amended from time to time.
1.14 Condominium Documents
This Declaration, any Condominium Plat, and the Articles, Bylaws, and Rules.
1.15 Condominium Plat
Any plat of any portion of the Property recorded in the office of the County Clerk,
Lincoln County, Wyoming depicting improvements that are specifically designated as a
Condominium and/or Units, and any amendments, supplements, or corrections thereto.
Master Declaration of Covenants, Conditions and Restrictions for
the Snake River Junction Townhomes and Condominiums
Lincoln County, Wyoming
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1.16 Declarant
Alpine Development Group, LLC, a Wyoming limited liability company, and any
successors thereto or assigns thereof who may be designated in writing as a successor to the
rights of Alpine Development Group, LLC. As the context may require, each entity separately
constituting the Declarant shall separately enjoy all special rights, privileges, exemptions, powers
and immunities in this.
1.17 Declaration
This Master Declaration of Covenants, Conditions and Restrictions for Snake River
Junction Condominiums and Townhomes, as same may be amended and supplemented from
time to time, together with any exhibits hereto or thereto.
1.18 Development Rights
Any right or combination of rights reserved by or granted to the Declarant in this
Declaration.
1.19 First Mortgage
Any mortgage or deed of trust on a Townhome or Unit with first priority over any other
mortgage or deed of trust.
1.20 First Mortgagee
The holder of any First Mortgage.
1.21 Improvements
Any alteration of the natural landscape of real property and all physical structures
including but not limited to Buildings, utilities, access roads and, if any, parking stalls, parking
areas, driveways, recreational areas, yards, laundry facilities, storage areas, fences and walls,
maintenance areas, planters, trash receptacles, and all landscaping, including, but not limited to,
hedges, plantings, trees and shrubs of every type and kind.
1.22 Limited Common Elements
Master Declaration of Covenants, Conditions and Restrictions for
the Snake River Junction Townhomes and Condominiums
Lincoln County, Wyoming
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Those portions of Common Elements designated "LC" followed by a Townhome number
or a Unit number as shown on any Townhome Plat or any Condominium Plat, and which are
limited to and reserved for the exclusive use of one or more Townhomes or one or more Units.
1.23 Lot
Any separately designated plot of land shown upon a recorded Plat of any portion of the
Property and referred to as a "Lot" on said plat.
1.24 Member
A Unit Owner or a Townhome Owner who, by reason of ownership of a Unit or
Townhome, is entitled to automatic membership in the Association.
1.25 Owner
a. The record owner, whether one or more Persons, of beneficial or equitable title
(and legal title if the same has merged with the beneficial or equitable title) to the fee simple
interest of a Townhome or a Unit, including a Purchaser under a contract for the conveyance of
real property, a contract for deed, a contract to convey, an agreement for sale or any similar
contract through which a seller has conveyed to a Purchaser equitable title to a Townhome or a
Unit under which the seller is obligated to convey to the Purchaser the remainder of seller's title
in the Townhome or a Unit, whether legal or equitable, upon payment in full of all monies due
under the contract.
b. An Owner shall not include:
i. Persons having an interest in a Townhome or a Unit merely as security for the
performance of an obligation; or
11. A lessee or tenant of a Townhome or a Unit.
1.26 Period of Declarant Control
The time period commencing on the date this Declaration is recorded in the office of the
Lincoln County, Wyoming Clerk and ending on the earlier of (i) the date which is twenty (20)
years after the recording of this Declaration, or (ii) Declarant's statement of termination of the
Period Of Declarant Control recorded in the office of the Lincoln County, Wyoming Clerk.
Master Declaration of Covenants, Conditions and Restrictions for
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Lincoln County, Wyoming
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1.27 Person or Persons
A natural person, corporation, business trust, estate, trust, partnership, association, limited
liability company, joint venture, government, government subdivision or agency, or other legal
or commercial entity.
1.28 Purchaser
Any Person, other than the Declarant, who by means of a voluntary transfer becomes an
Owner except for:
A. A Person who purchases a Unit or a Townhome and then leases it to the Declarant
for use as a model, sales or leasing office, fitness facility or business support center in connection
with the sale of other Units or Townhomes; or
B. A Person who, in addition to purchasing a Unit or Townhome or Lot, is assigned
any Special Declarant Right.
1.29 Rules
Written rules and regulations adopted by the Board and intended to interpret the
Association's duties under the Declaration or to provide further control and regulation of use of
the Property, as they may be amended from time to time
1.30 Snake River Junction Townhomes and Condominium Development
The Larger development of property by Declarant for residential purposes pursuant to a
Master Development Plan approved by Lincoln County, Wyoming, consisting of Units,
Townhomes, Common Elements and related Improvements as shown on all Townhome Plats and
all Condominium Plats, as same may be amended from time to time.
1.31 Townhome
Any individual residential Lot shown on a Townhome Plat, and all Improvements located
on such Lot.
1.32 Townhome Documents
Master Declaration of Covenants, Conditions and Restrictions for
the Snake River Junction Townhomes and Condominiums
Lincoln County, Wyoming
Page 7
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Ü0061.7
This Declaration, any Townhome Plat, and the Articles, Bylaws, and any Rules
applicable to Townhomes.
1.33 Townhome Plat
Any plat of any portion of the Property recorded in the office of the County Clerk,
Lincoln County, Wyoming depicting Improvements that are specifically designated as
Townhomes, and any amendments, supplements, or corrections thereto,.
1.34 Unit
An individual air space unit in a Condominium Building as defined in any Declaration of
Condominium for the Snake River Junction Townhomes and Condominium Development (or in
. any supplemental declarations thereto), that is hereafter filed of record by Dec;larant in the Office.
of the Lincoln County, Wyoming Clerk.
ARTICLE II - ALLOCATION OF ALLOCATED INTERESTS
2.1 Allocation of Allocated Interest
Each Townhome's and Unit's Allocated Interest (as defined in Article 1.1) shall be as
described in Exhibit A attached to this Declaration, as amended from time to time to reflect
changes in the total number of Townhomes and Units in the Snake River Junction Townhome
and Condominium Development.
2.2 Allocation of Common Expense Liabilities
The Common Expense Liability of the Association shall be allocated among the
Townhomes and the Units in the same ratio as the Allocated Interest assigned to each are set
forth in Section 2.1.
2.3
Elements
Allocation and Reallocation of Common Elements and Limited Common
a. Common Elements and Limited Common Elements may be allocated and
reallocated by one or more amendments to this Declaration, by one or more supplemental
declarations, and/or in one or more Townhome Plats or Condominium Plats.
b. After expiration of the Period of Declarant Control, the Board of Directors shall
have the right, without a vote of the Members, to allocate as a Limited Common Element any
Master Declaration of Covenants, Conditions and Restrictions for
the Snake River Junction Townhomes and Condominiums
Lincoln County, Wyoming
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portion of the Common Elements not previously allocated as a Limited Common Element. Any
such allocation by the Board of Directors shall be memorialized in an amendment to this
Declaration, recorded in the Lincoln County, Wyoming Clerk's office and an amendment to the
applicable Townhome Plat or the applicable Condominium Plat, if required.
ARTICLE III - DECLARANT'S RESERVED RIGHTS
In addition to any other rights reserved by Declarant elsewhere in this Declaration,
Declarant hereby expressly reserves to itself and its successors and assigns the following
described rights, anyone or more of which rights may be exercised, in the sole and absolute
discretion of Declarant, at any time and from time to time during the Period of Declarant
Control. It is expressly understood that Declarant shall not be obligated to exercise any of these
reserved rights.
Except as limited by this Article III, such reserved rights may be exercised upon or in
connection with all or any portion of the Property, and/or the additional unspecified real estate
referred to in Section 3.4 below ("Annexed Property"). Such rights may be exercised with
respect to different parcels of the Property or Annexed Property at different times, and in
connection therewith.
Declarant hereby states that (i) no assurances are made regarding the boundaries of said
different 'parcels or with respect to the order in which such parcels maybe subjected to the
exercise of these reserved rights, even if a reference to a phase or phasing appears in a legal
description, Plat, development agreement or other agreement relating· to the Property or
Annexed Property, and (ii) if a particular reserved right is exercised in any portion of the
Property or the Annexed Property subject to that reserved right, that reserved right is not required
to be exercised in all or any portion of the remainder of the Property or the Annexed Property.
The reserved rights hereinafter set forth may not be amended, modified, terminated or
otherwise altered in any way without the express prior written consent of Declarant. All
conveyances of Townhomes and Units and other portions of the Property hereafter made,
whether by Declarant or otherwise, shall be deemed and construed to reserve to Declarant and/or
to grant to Declarant all of the rights reserved by and to Declarant in this Article III, even though
no specific reference to such rights appears in the conveyancing instruments. Nothing in this
Article III shall limit or impair any other rights granted or reserved to Declarant by other
provisions of this Declaration or of any supplemental Declaration or amended Declaration.
The following rights are hereby reserved to Declarant and its successors and assigns:
3.1 Completion of Improvements
The right throughout the Property to complete Improvements shown on any plat or
described in the Declarations as same may be amended from time to time. Furthermore, the right
to construct and complete Improvements described in or required by the terms of the Master
Master Declaration of Covenants, Conditions and Restrictions for
the Snake River Junction Townhomes and Condominiums
Lincoln County, Wyoming
Page 9
0006:1.9
Development Plan approved on March 7, 2006 by the Lincoln County, Wyoming Board of
County Commissioners and by the terms of any other agreements that may hereafter be executed
by Declarant in connection with future phases or annexations to the Property, as said agreements
may be amended from time to time. Specifically, but without obligation, the right to, without
consent of the Board or Members of the Association, enter into and execute fmancing
arrangements for construction of an athletic and recreational facility within the Property, and to
convey such facility to the Association which may in turn assess the Members for their pro rata
share of the costs of such financing and for costs of operation of such facility; provided however,
such assessments shall entitle each Member and their immediate family members to one non-
exclusive membership in and use of the athletic and recreational facility for as long as such
Member owns their Townhome or Condominium Unit and is current on payment of their
assessment. Furthermore, the right to create, grant and/or use and enjoy additional non-exclusive
easements, and to relocate existing platted easements, upon or across any portion of the Property
except for under or through Townhomes or Units that have been constructed and are owned by
Persons other than Declarant, as my be reasonably required for the completion by Declarant of
the Improvements or the effective exercise by Declarant of any of the other reserved rights
described in this Article III.
3.2 Sales, Marketing and Management
The right to construct, locate or operate, and to maintain upon, and to remove from,
Townhomes or Units owned by Declarant, and/or Common Elements, in the discretion of
Declarant, and in such number, size, and location as may be reasonably required by Declarant in
connection with the completion of Improvements, the management of the development, and/or
the promotion, marketing, sale or rental of Townhomes and Units, the following:
(a) Sales offices, management offices, and/or construction offices, and structures
containing or relating to the same. Such offices, to the extent they are not situated on a
Townhome or within a Unit, are hereby declared to be personal property of the Declarant and
shall in any case be removable by Declarant or its successors or assigns promptly upon the
Declarant or its successors or assigns ceasing to be a Townhome or Unit Owner;
(b) Signs identifying and advertising the Property and the Townhomes and/or Units
therein, or relating to development or construction thereon;
(c) Model Townhomes or model Units constructed or to be constructed;
(d) Parking areas and facilities, and lighting, necessary or desirable in the marketing
of the Property and the Townhomes and Units to prospective Owners;
(e)
materials.
Employees in offices; equipment; vehicles; and marketing and construction
Master Declaration of Covenants, Conditions and Restrictions for
the Snake River Junction Townhomes and Condominiums
Lincoln County, Wyoming
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Together with the right to attract, invite or bring prospective purchasers of portions of the
Property and/or Townhomes and/or Units into the Property at all times, and to permit them to use
and enjoy the Common Elements.
3.3. Merger
The right to merge or consolidate the Property with another common interest community
property of the same form of ownership.
3.4. Annexation of Additional Properties
The right to annex additional real properties to the Property. Each Owner of a
Townhome or Unit hereunder hereby grants to Declarant the right to annex additional residential
property and recreational amenities to the Property and to modify such Owner's Allocated
Interest accordingly, provided only that all of such additional property and property owners shall
be subject to these and other applicable Covenants. Alternatively, Declarant shall have the right
and is authorized to develop portions of the additional property and/or to convey portions of the
additional property to such third parties as Declarant may deem appropriate, prior to and instead
of annexing them to the Property, whether for purposes consistent with this Declaration or
otherwise. Declarant makes no assurances that all or any portion of additional property will be
added to the Property and Declarant reserves the right to annex all or any portion of additional
property to the Property in any order it deems appropriate in its sole and absolute discretion.
3.5 Annexation Procedure The annexation of additional real property to the Property
shall be accomplished by the Declarant recording with the' Clerk of Lincoln County, Wyoming of
a supplemental declaration containing a legal description of the land area to be added to the
Property and amending this Declaration accordingly, together with a supplemental plat thereof.
The supplemental declaration shall assign an identifying number to each new Townhome or Unit
created thereby, and shall reallocate the Allocated Interests of all Townhome and Unit Owners in
the Property in accordance with the defInition of Allocated Interest contained in this Declaration.
The supplemental declaration shall also describe any Common Elements or Limited Common
Elements thereby created, and shall designate the Townhome(s) or Unites) to which each is
allocated.
Annexation of additional property may be accomplished by successive supplemental
declarations, in no particular or pre-established order, and may provide that the Annexed
Property is phased so that it is made subject to this Declaration at different times. Upon
recording of a supplemental declaration, the Annexed Property described therein shall be subject
to all of the covenants, conditions, restrictions, limitations, reservations, exceptions, equitable
servitudes, and other provisions set forth in this Declaration, except to the extent specifIcally
stated in the supplemental declaration or as modifIed thereby. Any such supplemental
declaration may impose on the Annexed Property described therein additional covenants,
conditions, restrictions, limitations, reservations, exceptions, equitable servitudes, and other.
Master Declaration of Covenants, Conditions and Restrictions for
the Snake River Junction Townhomes and Condominiums
Lincoln County, Wyoming
Page 11
l>0062j.
provisions than those set forth in this Declaration, taking into account the unique and particular
aspects of the Annexed Property covered thereby and of the proposed development thereof.
Furthennore, Declarant shall have the right to reserve in such supplemental declaration any
Development Rights that Declarant considers necessary or appropriate, provided that such
provision shall not extend the Period of Declarant Control. A supplemental declaration may
provide for a sub-association of Owners within the Annexed Property described in the
supplemental declaratìon and for the right of the sub-association to assess such owners for
common expenses unique to those Owners.
3.6 Effect of Expansion or Contraction In the event any real property is annexed to
the Property as provided herein or if any real property is withdrawn from the Property as
provided herein, the definitions used in this Declaration shall be automatically expanded or
contracted to encompass and refer to the Property as expanded or contracted, e.g., "Property"
shall mean the real property described herein plus any additional real property annexed thereto
and/or minus any real property withdrawn therefrom; similarly, "Common Elements" and
"Townhomes" and "Units" shall mean and include those areas as described herein as well as or
less those so designated on any supplemental declaration or supplemental plat (or any
amendment to a Declaration or Plat) relating to any real property which is annexed or withdrawn
pursuant to this Article III. Common Elements shall also mean and include all properties located
from time to time within the Annexed Property that fall within the definition of Common
Elements contained in this Declaration, less any Common Elements removed by withdrawal.
References to this Declaration shall mean this Declaration as so supplemented by any
supplemental declaration and any supplemental plat, or as amended. Every Owner of a
Townhome or Unit in the area annexed to the Property shall, by virtue of ownership of such
TowÌ1home or Unit and upon recordation of the supplemental declaration annexing such property
to the Property, be a member of the Association and, except as may be otherwise provided in the
supplemental declaratìon, shall be entìtled to the same rights and privileges and subject to the
same duties and obligatìons as any other Association Member. Regular Assessments for
Townhomes or Units within the Annexed Property shall commence as of the date of the
Recording of the supplemental declaration and shall be prorated as of such date.
The recording of amendments to this Declaration, whether in the fonn of supplemental
declarations, or otherwise,. which reallocate the Allocated Interests in the Property, shall
automatically:
(a) Vest in each existing Townhome and Unit Owner the reallocated Allocated
Interests appurtenant to the Owner's Townhome or Unit; and
(b) Vest in each existing Mortgagee a perfected security interest in the reallocated
Allocated Interests appurtenant to the encumbered Townhome or Unit.
3.7 Subdivision or Revision; Conversion of Townhomes or Units into Common
Elements Declarant shall have and hereby reserves the right to subdivide any previously
platted Declarant-owned portion of the Property to create additional Townhomes or Units subject
to the maximum number of Townhomes and Units set forth in any development proposal Plan
Master Declaration of Covenants, Conditions and Restrictions for
the Snake River Junction Townhomes and Condominiums
Lincoln County, Wyoming
Page 12
t.'00622
approved by the applicable government entity that has planning and zoning authority over the
property that is subject to the proposal. Declarant shall also have and hereby reserves the right to
convert one or more previously platted Townhome, Lots or Condominium Lots owned by
Declarant into Common Elements. Upon such subdivision or conversion in accordance with the
tenns and conditions contained herein, the Common Elements Interests of all Owners shall be
reallocated in accordance with the definition of Common Elements Interests of all Owners shall
be reallocated in accordance with the definition of Allocated Interests contained in this
Declaration.
3.8 Allocate and Reallocate Common Elements and Allocated Interests
The right with respect to all or any Declarant-owned portion of the Property (including
Townhomes and Condominium Lots and Units) to (a) create Common Elements or Limited
Common Elements; (b) create additional Townhomes or Units, subject to the maximum set forth
in the any development. plan approved by the applicable government entity with planning and
zoning authority over the property that is subject to such proposal; (c) combine Townhomes or
Units, (d) convert Townhomes or Units into Common Elements, (e) convert Common Elements
into Townhomes or Units.
3.9 Other Reserved Development Rights
Exercise any other right of Declarant set forth elsewhere in this Declaration.
3.10 Declarant's Easements
Declarant shall have the right, and an easement:
a. On, under, through and above the Common Elements, including all Limited
Common Elements, to repair, maintain, alter or improve the Common Elements shown on a
Townhome Plat or a Condominium Plat and all other Buildings and Improvements as the
Declarant may deem necessary, and to use the Common Elements and any Townhomes or Units
owned by Declarant for construction or renovation-related purposes, including for the storage of
tools, machinery, equipment, building materials, appliances, supplies and fixtures and for the
perfonnance of work respecting the Property.
b. On, under, through and above those portions of the Common Elements not located
within Buildings for the purpose of maintaining and collecting drainage of surface, roof or stonn
water and for snow removal and storage. The easement created by this subsection expressly
includes the right to cut any trees, bushes, or shrubbery, to grade the soil or to take any other
action reasonably necessary.
c. On, under, through and above the Common Elements as may be reasonably
necessary for the purpose of discharging its obligations and exercising Declarant Rights.
Master Declaration of Covenants, Conditions and Restrictions for
the Snake River Junction Townhomes and Condominiums
Lincoln County, Wyoming
Page 13
(;00623
d. On, under, through and above all portions of each Lot (including the interior of all
Buildings) from time to time during reasonable hours as may be necessary to perform the duties
and functions which the Declarant or the Association is required or permitted to perform
pursuant to this Declaration.
3.11 Owner Grant of Power of Attorney for Declarant's Exercise of Reserved Rights.
By acceptance of a deed for any Townhome or Unit, each Owner thereof irrevocably
appoints the Declarant to be such Owner's attorney in fact with the power of attorney to sign and
record on behalf of such Owner, without further need to notify such Owner or obtain such
Owner's further written approval, such consents or acknowledgments as necessary to amend any
previously recorded plat or previously recorded declaration for the purpose of exercising any
right reserved by Declarant in this Declaration.
3.12 Transfer of Declarant's Reserved Rights.
Anyone or more rights created or reserved for the benefit of Declarant under this Article
III or elsewhere in this Declaration or in any Supplemental Declaration may be transferred to any
Person by an instrument describing the right or rights transferred and recorded in Lincoln
County. Such instrument shall be executed by the transferor, Declarant, and the transferee.
3.13 Termination of Declarant's Reserved Rights.
The rights reserved to Declarant in this Article III shall automatically terminate and
expire at the conclusion of the Period of Declarant Control. Notwithstanding the foregoing,
Declarant may from time to time relinquish and surrender one or more but less than all of the
reserved rights, in which event the un-relinquished reserved rights shall remain fully valid and
effective for the remainder of the term thereof. The Association may extend the time period for
exercise of a development right, or reinstate a lapsed development right, subject to whatever
terms, conditions and limitations the Association may impose on the subsequent exercise of the
development right. The extension or renewal of a development right and any terms, conditions
and limitations shall be included in an amendment executed by Declarant or the owner of the real
estate subject to the development right and the Association.
ARTICLE IV - EASEMENTS
4.1 Existing Easements
If any Townhome, Unit 0): Common Element (including Limited Common Element) is
encumbered by an access or utility easement as shown on a Townhome Plat or a Condominium
Plat or provided for in this Declaration or any amended or supplemental declaration, then by
Master Declaration of Covenants, Conditions and Restrictions for
the Snake River Junction Townhomes and Condominiums
Lincoln County, Wyoming
Page 14
Ü00624
accepting a deed to such Townhome or Unit and Common Element, the Owner acknowledges
and consents to such easement.
4.2 Utility Easements
In addition to any special easements shown on a Townhome Plat or a Condominium Plat,
or otherwise provided for in this Declaration or any amended or supplemental declaration, there
is hereby created an easement in favor of the Association and any utility company providing
utility services to the Property upon, across, over and under all Common Elements (including
Limited Common Elements), and across, through and under each Townhome Lot and
Condominium Lot and the crawl space and foundation of any Townhome Building and
Condominium Building, for reasonable ingress, egress, installation, replacing, repairing or
maintaining of all utilities, including, but not limited to, gas, water, sewer, telephone, cable
television and electricity. By virtue of this easement, it shall be expressly pennissible for the
utility company providing such service to erect and maintain the necessary equipment on, over,
under and within such locations. The location of any future utilities shall be specifically
identified and set forth in a recorded easement instrument prepared and recorded in the Lincoln
County Clerk's office by the Association or the Utility Company as applicable.
4.3 Easements for Ingress and Egress
There are hereby created for the benefit of the Association, the Owners and occupants of
the Townhomes and Units, and their guests, families, tenants and invitees, easements for ingress
and egress for pedestrian traffic over, through and across sidewalks, paths, walks, stairwells, and
lanes that from time to time may exist upon the Common Elements. There is also created an
easement for ingress and egress for pedestrian and vehicular traffic, including, without
limitation, emergency access and utility repair vehicles and trash removal vehicles and snow
plowing vehicles and equipment, over, through and across all roads, access driveways and.
parking areas except that such easements shall not extend to any Limited Common Elements or
assigned parking spaces, if any, except easements to allow for repair and maintenance and snow
removal services retained by the Association on behalf of all Owners and occupants, their guests,
families, tenants, and invitees. .
4.4 Owners' Easements of Enjovment
a. Every Townhome Owner and Unit Owner shall have a right and easement of
enjoyment in and to the Common Elements, except for such Limited Common Elements as may
be assigned to individual Townhomes or Units and shown on a Townhome Plat or a
Condominium Plat, which right and easement shall be appurtenant to and shall pass with the title
to every Townhome and Unit, subject to the following provisions:
Master Declaration of Covenants, Conditions and Restrictions for
the Snake River Junction Townhomes and Condominiums
Lincoln County, Wyoming
Page 15
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i. The right of the Association to adopt reasonable Rules governing the use
of all Common Elements and Limited Common Elements;
ii. The right of the Association to suspend the voting rights. of an Owner (1)
for any period during which any Assessment against his Townhome or Unit remains
unpaid more than thirty (30) days after its due date and (2) for a period not to exceed
sixty (60) days for any other infraction or violation of the Townhome Documents or the
Condominium Documents;
111. The right of the Association to convey the Common Elements or subject
the Common Elements to a mortgage, deed of trust, or other security interest, subject to
the vote or written assent of those Townhome and Unit Owners representing at least
eighty percent (80%) of the votes in the Association, and with the consent of Declarant
during the Period of Declarant Control; and, in all events, subject to an Owner's easement
for ingress and egress if access to such Owner's Townhome or Unit is through the
Common Elements to be conveyed or mortgaged
iv. All rights and easements set forth in this Declaratiop., including, but not
limited to, the rights and easements reserved by the Declarant in this Declaration.
b. Ifa Townhome or Unit is leased or rented, the lessee and the members of Lessee's
family residing with the lessee and all guests and invitees shall have the right to use the Common
Elements during the tern1 of the lease, subject to rules and regulations of the Association.
c. An Owner's right and easement of enjoyment in and to the Common Elements
shall not be conveyed, transferred, alienated or encumbered separate and apart from a
Townhome or a Unit Such right and easement of enjoyment in and to the Common Elements
shall be deemed to be conveyed, transferred, alienated or encumbered upon the sale of any
Townhome or Unit, notwithstanding that the description in the instrument of conveyance,
transfer, alienation or encumbrance may not refer to such right and easement.
4.5 Common Elements Easement in Favor of the Association
All Common Elements, including Limited Common Elements, shall be subject to an
easement in favor of the Association, its Board and officers and the agents, employees and
independent contractors of the Association for the purpose of the inspection, upkeep,
maintenance, snow removal, repair and replacement ofthe Common Elements.
4.6 Easement in Favor of Association.
The Townhome Lots, Condominium Lots, Townhome Buildings, Condominium
Buildings, Units and the Common Elements are hereby made subject to the following easements
Master Declaration of Covenants, Conditions and Restrictions for
the Snake River Junction Townhomes and Condominiums
Lincoln County, Wyoming
Page 16
\)00626
in favor of the Association and its directors, officers, agents, employees and independent
contractors:
a. For inspection, maintenance, repair and replacement of any Improvement under
this Declaration that is the responsibility of the Association to maintain, repair or replace. .
b. For correction of emergency conditions in, or casualties to any Townhome
Building, Condominium Building, Unit or the Common Elements.
c. For the purpose of enabling the Association, the Board of Directors or any
committees appointed by the Board of Directors to exercise and discharge their respective rights,
powers and duties under the Townhome Documents or the Condominium Documents.
d. For inspection, at reasonable times and upon reasonable notice to Townhome
Owners or Unit Owners, of the interior of Townhome Buildings and Units to verify that the
provisions of the Townhome Documents and Condominium Documents are being complied with
by Owners, their guests, tenants, invitees and the other occupants of the Townhome Buildings or
Units.
4.7 Easement for Unintended Encroachments
To the extent that any Townhome, Unit or Common Element encroaches on any other
Townhome, Unit or Common Element as a result of original construction, alteration or
restoration authorized by this Declaration, settling or shifting, or any reason other than the
intentional encroachment on the Common Elements or any Townhome or Unit by an Owner, an
easement for the encroachment, and for the maintenance thereof, exists.
ARTICLE V - USE AND OCCUPANCY RESTRICTIONS
5.1 Plat Notes
In addition to the use restrictions contained herein, the Property is subject to any
restrictions and limitations set forth in a Townhome Plat or a Condominium Plat, and any
amendments thereto.
5.2 Residential Use
a. Except as set forth in Section 5.2 (b) below, all Townhomes, Units and Common
Elements shall be used, improved and devoted exclusively to residential use.
Master Declaration of Covenants, Conditions and Restrictions for
the Snake River Junction Townhomes and Condominiums
Lincoln County, Wyoming
Page 17
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b. No gainful occupation, profession, trade or other nonresidential use shall be
conducted on or in any Townhome, Unit or Common Element; provided however, that an Owner
or other resident may conduct a business activity within a Townhome or Unit so long as:
i. The existence or operation of the business activity is not apparent or
detectable by sight, sound or smell from outside the Townhome or Unit;
ii. The business activity confonns to all applicable zoning ordinances or
requirements for the Property;
111 The business activity does not involve the door-to-door solicitation of
Owners or other residents in the Property;
iv. The trade or business conducted by the Owner or resident shall not require
more than one (1) employee working in or from such Townhome or Unit who is not a
lawful resident thereof;
v. The volume of vehicular or pedestrian traffic or parking generated by such
trade or business does pot result in congestion or parking violations; .
vi. The trade or business does not use flammable liquids or hazardous
materials in quantities not customary for residential use; and
vii. The business activity is consistent with the residential character of the
Property and does not constitute a nuisance or a hazardous or offensive use or threaten
security 'or safety of Owners or other residents in the Property, as may be detennined
from time to time in the sole discretion of the Board of Directors.
c. The tenns "business" and "trade" as used in this section shall be construed to have
their ordinary, generally accepted meanings, and shall include, without limitation, any
occupation, work or activity undertaken on an ongoing basis which involves the provision of
goods or services to persons other than the provider's family and for which the provider receives
a fee, compensation or other fonn of consideration, regardless of whether:
1. Such activity is engaged in full or part time;
H. Such activity is intended or does generate a profit; or
Hi. A license is required for such activity.
d. The leasing of a Townhome or Unit by the Owner thereof shall not be considered
a trade or business within the meaning of this section.
Master Declaration of Covenants, Conditions and Restrictions for
the Snake River Junction Townhomes and Condominiums
Lincoln County, Wyoming
Page 18
5.3
Improvements and Alterations
ÜOOG28
Any Owner may make nonstructural additions, alterations and improvements within his
Townhome or Unit without the prior written approval of the Board, but such Owner shall, to the
extent pennitted under Wyoming law, be responsible for any damage to other Townhomes, Units
and to the Common Elements which results from any such alterations, additions or
improvements. No Person shall make any structural additions, alterations or improvements
within a Townhome or Unit, unless prior to the commencement of each addition, alteration or
improvement, the Owner receives the prior written approval of the Board and the Owner retains,
at the Owner's sole cost, an engineer licensed in Wyoming who certifies in writing to the Board
that such addition, alteration or improvement will not impair the structural integrity of the
Townhome Building Condominium Building> within which such addition, alteration or
improvement is to be made. The Owner shall, to the extent permitted by Wyoming law, be
responsible for any damage to other Townhomes, Units and to the Common Elements which
results from any such additions, alterations or improvements. Notwithstanding the foregoing, no
addition, alteration or improvement within a Townhome or Unit, whether structural or not, which
would be visible from the exterior of the Building in which the Townhome or Unit is located,
shall be made without the prior written consent of the Board, which approval shall only be
granted if the Board affinnatively finds, in its sole discretion, that the proposed addition,
alteration or improvement is aesthetically pleasing and in hannony with the surrounding
Improvements.
5.4 No Partition and Subdivision
Except as may be provided elsewhere in this Declaration with respect to Declarant's
rights, no Townhome or Unit shall be partitioned or subdivided.
5.5 Machinery and Equipment
No Owner may place, operate or maintain machinery or equipment of any kind upon the
Property other than usual and customary machinery and èquipment used in connection with the
Owner's permitted uses of his Townhome or Unit and Limited Common Elements. This section
shall not apply to . any such machinery or equipment which Declarant or the Association may
require for the construction, improvement, operation and maintenance of the Common Elements.
5.6 Environmental Restrictions
All residents of the Property shall be responsible for complying with all federal and state
environmental and health laws. Without limiting the foregoing, no Owner or other resident may
dispose of, transport, or store "hazardous materials" in his Townhome or Unit or elsewhere in the
Property other than small amounts of ordinary household non-combustible cleaning agents
maintained in the Townhome, Unit or Limited Common Element storage areas and in no event
Master Declaration of Covenants, Conditions and Restrictions for
the Snake River Junction Townhomes and Condominiums
Lincoln County, Wyoming
Page 19
Ü00629
may any Owner or resident dispose of any hazardous materials, including without limitation,
motor oil, hydrocarbons, or other petroleum products, in or on the soil of the Property, or in or
down a. dry well on or adjacent to the Property, or in trash receptacles located within the
Property .
5.7 General Restrictions Regarding Parking of Vehicles
No vehicle (other than a Family Vehicle defmed below), or mobile home, mini or
standard size motor home, travel trailer, tent trailer, trailer, all-terrain vehicle, bus, camper shell,
detached camper, recreational vehicle, boat, boat trailer, snowmobile, snowmobile trailer, or
other similar equipment or vehicle may be parked, kept, or maintained on any part of the
Property. A "Family Vehicle" means any domestic or foreign car, station wagon, sport wagon,
pick-up truck of 3/4 ton capacity or less with camper shells not exceeding eight (8) feet in height
measured from ground level, mini-van, jeep, sport utility vehicle, motorcycle and similar non-
commercial and non-recreational vehicles that are used by an Owner or his family members,
tenants, guests or invitees for family and domestic purposes and which are used on a regular and
recurring basis for basic transportation; provided however, that for the period of November 15
through February 15 each year, snowmobiles shall also be deemed a "Family Vehicle" for
purposes of this section.
5.8 Governance of Parking and Roads and Drives
a. The Board, through its Rules and Regulations shall have full power and authority
to regulate the use of all roads, access drives and common use parking areas (if any) in the Snake
River Junction Townhome and Condominium Development by imposing and enforcing speed
limits, traffic control signs and devices and other restrictions, all with full power and authority to
impose and enforce (by special assessments hereunder or otherwise) fines and other penalties for
violations of such regulations.
b. No Owner shall keep or allow to be kept on the Property more than the number of
authorized motorized vehicles for which the Owner has (i) parking spaces within an enclosed
garage attached to such Owner's Townhome Building or (ii) parking spaces assigned to such
Owner's Condominium Unit on any recorded Condominium Plat. An Owner or any tenant of the
Owner shall park their authorized motorized vehicles in the parking spaces assigned to their
respective Townhome or Unit, and shall not use or permit to be used such assigned parking
spaces for purposes other than to park authorized motor vehicles.
c. Owners shall not themselves, and shall not permit their tenants, visitors or
contractors to park anywhere on the Property except the parking spaces described in Article 5.8
or as may be otherwise be designated as common use parking area by the Association Board.
d. Owners shall not themselves, and shall not permit their tenants, visitors or
contractors to obstruct any access drives within the Property, or obstruct access to any other Lot.
Master Declaration of Covenants, Conditions and Restrictions for
the Snake River Junction Townhomes and CondominiumstLincoln County, Wyoming
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5.9 Motor Vehicle Repair and Towing of Vehicles
Other than temporary emergency repairs, no Family Vehicle or any other vehicle or
equipment shall be constructed, reconstructed, serviced (including but not limited to oil changes)
or repaired, and no inoperable vehicle may be stored on any portion of the Property. The Board
of Directors shall have the right to have any vehicle parked, kept, maintained, constructed,
reconstructed or repaired in violation of the Townhome Documents or the Condominium
Documents removed at the sole cost and expense of the owner of the vehicle or equipment, and
without recourse or liability to the Association or the Board of Directors for. damages or costs
incurred by the owner of such vehicle. Any expense incurred by the Association in connection
with the removal of any vehicle or equipment shall be paid to the Association, upon demand, by
the owner of the vehicle or equipment. Any amounts payable to the Association under this
Article 5.9 shall be secured by an Assessment Lien, and the Association may enforce collection
of suit amounts in the same manner provided for in this Declaration for the collection of
Assessments.
5.10 Signs
Other than an Owner's or occupant's name and address identification sign not exceeding
6 x 12 inches in size on the door of a Townhome or Unit, no emblem, logo, sign or billboard of
any kind, including, but not limited to, "For Sale" or "For Rent" signs, shall be displayed so that
it is visible from the exterior of any Townhome, Unit or Building or any other portion of the
Property without the prior written approval of the Board; except for:
1.
or lease;
Signs used by the Declarant to advertise the Townhomes or Units for sale
ii. Signs on the Common Elements as may be placed or approved by the
Declarant during the Period of Declarant Control, or by the Board, thereafter;
111. Any signs as may be required by legal proceedings; and
IV. Such signs as are approved by the Board.
5.11 Lawful Use
No improper, offensive, or unlawful use shall be made of any part of the Property. All
valid laws, zoning ordinances, and regulations of all governmental bodies having jurisdiction
over the Property shall be observed. Any violation of such laws, zoning ordinances or regulations
shall be a violation of this Declaration.
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5.12 Nuisances and Offensive Activity
No nuisance shall be pennitted to exist or operate upon the Property, and no activity shall
be conducted upon the Property which is offensive or detrimental to any portion of the Snake
River Junction Townhomes and Condominium Development or any Townhome Owner or Unit
Owner or other occupant of the Snake River Junction Townhomes and Condominium
Development. No exterior speakers, horns, whistles, bells or other sound devices, except security
or other emergency devices used exclusively for security or emergency purposes, shall be
located, used or placed on the Property.
5.13 Window Coverings
No reflective materials, including, without limitation, aluminum foil, reflective screens or
glass, mirrors or sImilar items, shall be installed or placed upon the outside or inside of any
windows of a Townhome or Unit without the prior written approval of the Board.
5.14 Limitation on Leasing
A Townhome Owner or Condominium Owner may lease his entire Townhome or Unit or
less than his entire Townhome or Unit for a period of not less than thirty (30) days; provided,
however, that in no event shall there be more than three (3) adults residing in any Townhome or
Unit. All leases shall be in writing and shall provide that the terms of the lease shall be subject
in all respects to the provisions of the Townhome Documents or the Condominium Documents,
and any failure by the lessee to comply with the terms thereof shall be a default under the lease.
Upon leasing his Townhome or Unit, an Owner shall promptly notify the Association of the
commencement date and tennination date of the lease, and the names and mailing addresses of
each lessee and other people who will be occupying the Townhome or Unit during the term of
the lease. Nothing contained in this paragraph shall be construed as limiting or in any way
affecting any leasing program operated by Declarant in the Property with regard to Declarant's
Townhomes or Units.
5.15 Community Privacy Measures
Each Owner understands and agrees that neither the Association (nor its officers,
directors, employees, and agents) nor the Declarant (nor its officers, directors, employees and
agents) is responsible for the acts and omissions of any third parties or of any other Owner or
Owner's family members, guests, tenants and invitees resulting in damages or injury to person or
property. Any entry/privacy gate features or common privacy measures that may be used in the
Property (as installed by the Declarant, at its option, or by the Board on behalf of the
Association) will be maintained by the Association, and each Owner understands that any
entry/privacy gate features that are in effect at the time he becomes an Owner may be
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abandoned, terminated and/or modified by a majority vote of the Board. The commencement of
any such devices or controls shall not be deemed to be an assumption of any duty on the part of
the Association or the Declarant with respect to the Property and neither the Declarant, the Board
(nor any committee thereof) make any representation or warranty concerning the efficacy of such
devices relating to security or the ease of entry of fire, police or other emergency personnel.
5.16 Trash.
All garbage and trash shall be placed and kept in covered containers stored in the owner's
garage or in an enclosure otherwise approved by the Board. The Association may provide one or
more central bear-resistant trash collection receptacles for trash collection and removal services.
Notwithstanding the foregoing, the collection and disposal of garbage and trash shall be in strict
compliance with such rules as may be adopted by the Association, which may provide for
common collection points. The maintenance of accumulated waste plant materials is prohibited.
All trash cans shall be promptly returned to the designated storage area after trash removal.
5.17 Pets
(a) No animals shall be kept or maintained within or on any Townhome or Unit
except as provided herein.
(b) No animals may be kept or maintained on any Townhome or Unit by any person
occupying Townhome or Unit who is not an Owner. Tenants of Owners shall not be allowed to
have pets.
(c) Each Owner occupying or residing in their Townhome or Unit shall be entitled to
keep no more than two (2) Household Pets (the term "Household Pet" means a generally
recognized household pet such as a dog, cat, fish, or bird); provided that such Household Pets
(i) shall not be kept for any commercial purpose; or (ii) shall not cause an unreasonable amount
of noise, odor or other disturbance; or (iii) shall not otherwise be a nuisance to other Owners or
occupants of Townhomes or Units.
(d) Any Household Pet permitted to be kept in a Townhome or Unit under this
Declaration shall be controlled by its owner at all times on the Property so as to not cause a
nuisance to others, destroy property, or harass or endanger wildlife. Household Pets may be
exercised (i.e. by walking) on the Property but shall be restrained on a leash at all times during
such activity. Any person exercising a Household Pet on the Property shall carry with them
appropriate means to remove and dispose of any feces deposited by such Household Pet on the
Property during such exercise activity, and each such person shall promptly pick up and
properly dispose of such feces in a trash receptacle owned by the respective Owner associated
with such Household Pet or, if provided by the Association, a trash receptacle provided for
common trash collection purposes.
(e) If any animal shall be identified by the Board, in its sole discretion, as being a
nuisance to others as a result of, among other behaviors, excessive noise or odors, threatening
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behavior towards people or other animals, destruction of property, or chasing or otherwise
harassing wildlife, the Board shall have the authority:
i. For the first such offense to have such animal or animals impounded at
any available location, and to assess a penalty against the owner of such animal or animals of
not more than $100.00, plus all costs of impoundment; and
ii. For a second such offense or if in the discretion of the Board any such
animal is deemed to be a chronic nuisance due to more than one incident of any such behaviors,
to have such animal or animals permanently removed from the Property or impounded or
destroyed, and to assess a penalty against the owner of such animal or animals an amount not
greater than $500.00, plus all costs of impoundment or destruction.
5.18 Limitation on Fencing
Except as may be authorized by the Association Board in writing prior to construction, no
Owner or occupant of any Townhome or Unit shall construct any fence or other barrier within
the Property or along the exterior boundary line of the Property. The Declarant, or the
Association may, at their sole discretion, erect such fencing as deemed necessary or desirable to
maintain or enhance the value of the Property, or to protect property owned by the Association,
or to protect the health, safety or welfare of Owners or occupants of the Property.
5.19 Obstructing Common Elements
Owners shall not obstruct Common Elements, nor shall Owners place or store anything
on or within the Common Elements without prior written consent of the Board or except in
facilities specifically designed and designated for storage on a Townhome Plat or a
Condominium Plat.
5.20 Prohibited Items In Limited Common Element
Hot tubs and charcoal or gas cooking grills shall be allowed within the Townhome Lots,
so long as their installation and use are in compliance with all applicable laws and provided that
their use does not, in the sole discretion of the Board, result in a nuisance to Owners of other
portions of the Property. Hot tubs and charcoal or gas cooking grills are not allowed within
Condominium Units or in the Limited Common Areas associated with Condominium Units.
Clotheslines are prohibited in all parts of the Property. Storage of hazardous materials including
but not limited to fireworks, explosives, paint or related products, fuels (including camping
fuels), and weapons or ammunitions of any sort shall not be used or stored in any Common Area.
Use of the Common Areas shall be further governed by the rules and regulations of the
Association.
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5.21 Water and Sewer Use
Domestic, potable water and sewer service to the Snake River Junction Subdivision is
governed by written agreements between the Declarant and North Star Utility, Inc., a Wyoming
corporation, copies of which may be obtained by contacting North Star Utility at P.O. Box 610,
or 330 N. Glenwood, Jackson, Wyoming 83001. Those agreements provide that North Star has
the right to require each Townhome and Condominium Unit Owner to enter into separate,
written contracts with North Star for providence of water and sewer services. Each Owner, by
acceptance of a deed to any portion of the Property agrees to be bound by the terms of such
water and sewer agreements.
5.22 Variances
Other than with respect to water and sewer use described in Section 5.21 above, the
Board may authorize a variance from compliance with any of the provisions of this Declaration,
including this Article V, from time to time, when circumstances such as hardship, aesthetic or
environmental considerations may require. Any such variance shall be memorialized in writing,
signed by a majority of the Board and kept as part of the Association's official records. If such
variance is granted, no violation of the covenants, conditions and restrictions contained in this
Declaration shall be deemed to have occurred with respect to the specific matter for which the
variance was granted. The granting of such a variance shall not operate to waive any of the terms
and provisions of this Declaration for any purpose except as to the particular provision hereof
covered by the variance, and only for so long as the special circumstances warranting the
variance exist, nor shall it affect in any way an Owner's obligation to comply with all
governmental laws and regulations affecting the use of his Townhome or Unit. The Board shall
have the right to condition the granting of a variance as it may determine in the Board's sole
discretion, including, without limitation; making a variance temporary or permanent; or requiring
the removal or replacement of a non-permanent or semi- permanent structure upon the sale or
other conveyance of a Townhome or Unit. Moreover, the granting of a variance in one instance
or under certain terms and condjtions shall not mandate the granting of a variance under similar
or related circumstances, terms or conditions.
ARTICLE VI - MAINTENANCE, REPAIR AND CONTROL OF RESIDENTIAL
BUILDINGS AND COMMON ELEMENTS
6.1 Duties of the Association and Board
The Association shall maintain, repair and make necessary improvements to the exterior
of all Townhome Buildings and Condominium Buildings (collectively "Residential Buildings"),
and to the landscaping associated with and located on Townhome Lots and Condominium Lots,
and to all Common Elements and all Limited Common Elements. Without limitation, the
Association shall be responsible for maintaining Residential Building exteriors (including doors
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and porch and deck exteriors), all portions of landscaping, parking areas (other than the interior
of garages associated with a Townhome Building), parking canopies, common laundry facilities
(if any), maintenance areas, planters, storage closet units (if any), stairwells, streets and drives,
sidewalks, landscaping, irrigation systems, lighting and light fixtures in the Common Elements
and the Limited Common Elements. The Board shall be the sole and absolute judge as to the
appropriate maintenance of all of the property interests described in this subparagraph.
6.2 Duties of Owners
Each Owner shall maintain, repair, replace and restore, at his own expense, all portions of
his Townhome or Unit not otherwise identified in the Townhome Documents or Condominium
Documents as being the responsibility of the Association.
6.3 Owner's Failure to Maintain
If an Owner fails to maintain in good condition and repair his Townhome or Unit and the
required maintenance, repair or replacement is not perfonned within thirty (30) days after written
notice has been given to the Owner by the Association, the Association shall have the right, but
not the obligation, to perfonn the required maintenance, repair or replacement. The cost of any
such maintenance, repair or replacement shall be assessed against the non performing Owner and
may be collected as provided for in Article VIII of this Declaration.
6.4 Repair or Restoration Necessitated bv Owner
Each Owner shall be liable to the Association, to the extent permitted by Wyoming law,
for any damage to the Common Elements, Limited Common Elements, or the Improvements, or
equipment thereon, which results from the negligence or willful misconduct, by act or omission,
of the Owner or that Owner's family members, tenants, guests, invitees and pets. The cost to the
Association of any such repair, maintenance or replacement required by such act or omission of
an Owner shall be paid by the Owner, upon written demand, to the Association. The Association
may enforce collection of any such amounts in the same manner and to the same extent as
provided for in this Declaration for the collection of Assessments.
6.5 Right to Reasonable Access
On reasonable notice, each Owner shall afford the Declarant (during the Period of
Declarant control) or Association and their contractors or utility service providers, and their
agents or emp.loyees access through such Owner's Townhome or Unit reasonably necessary for
purposes described in this Article and/or to exercise any easement rights reserved to the
Declarant or granted to the Association in this Declaration.
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6.6 Emergency Access
Each Owner or the Owner's tenant shall promptly provide the Association with a key to a
Townhome Building or Unit should the Owner or their tenant change the locks on entry doors.
In an emergency, if an Owner or the Owner's tenant is not present to open and permit entry into
a Townhome or Unit when an entry is necessary to investigate and/or take measures to protect a
Common Element, the Association or its agents may enter the Townhome or Unit by key without
first providing notice to or obtaining the permission of the Owner or the Owner's tenant. If no
key has been provided as required above, the Association and its agents shall have the right to
enter the Townhome or Unit by force in the event of an emergency, and the Owner shall pay all
such cost of repair due to such forcible entry. The Association's or its agents' emergency
entrance into a Townhome or Unit shall not render the Association or such agents liable for any
damage to the Owner of Owner's tenant, nor to the Owner's or the Owner's tenant's property, if
during such entry the Association or its agents take reasonable care to not damage the Owner's
or Owner's tenant's property.
ARTICLE VII - THE ASSOCIATION; RIGHTS AND DUTIES; MEMBERSHIP
7.1 Rights. Powers and Duties of the Association
a. Creation. No later than the date on which title to the first Townhome or Unit is
conveyed to a Purchaser, the Association shall be organized as a nonprofit Wyoming
corporation. Every Townhome Owner and every Unit Owner shall be a Member of the
Association. The Association shall be the entity through which all of the Owners in the Snake
River Junction Townhome and Condominium Development, shall act.
. b. Bylaws. The Association shall have such rights, powers and duties as are
prescribed by law and as are set forth in the Townhome Documents and the Condominium
Documents, together with such rights, powers and duties as may be reasonably necessary to
effectuate the objectives and purposes of the Association as set forth in this Declaration. The
Association shall adopt and may from time to time, amend written bylaws ("Bylaws") consistent
with the Townhome Documents and the Condominium Documents, which Bylaws shall describe
the internal functioning and management of the Association.
c. Financing Caµital Improvements. The Association shall have the right to fmance
capital improvements in the Property by Assessments if such action is approved by the written
consent or affirmative vote of Members representing more than fifty percent (50%) of the votes
in the Association and, during the Period of Declarant Control, by Declarant; provided, however,
that should Declarant fail to exercise Declarant's rights under Article 3.1 of this Declaration, the
Association shall have the right to, without consent of Members of the Association, enter into
and execute financing arrangements for construction of an athletic and recreational facility
within the Property, and assess the Members for their pro rata share of the costs of such
financing. Such assessments shall entitle, each Member and their immediate family members to
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one non-exclusive membership in and use of the athletic and recreational facility for as long as
such Member owns their Townhome or Condominium Unit, and is current on payment of their
assessment.
d. Board Action Binding. Unless the Townhome Documents or the Condominium
Documents, or the Bylaws specifically require a vote of the Members, approvals or actions to be
given or taken by the Association shall be valid if given or taken by the Board.
e. Information Available to Owners. The Association shall make available to the
Declarant, and the Members current copies of the Townhome Documents and the Condominium
Documents and other books, records and financial statements of the Association as may be
requested from time to time by such parties. Such requests shall be in writing, and the
Association shall have the right to charge for copying expenses and the reasonable cost of
postage, shipping or transmission of the information requested.
7.2 Directors and Officers
a. Board Makeup - Declarant Control. During the Period of Declarant Control, the
Declarant shall have the right to appoint and remove the members of the Board of Directors and
the officers of the Association, and such appointed members and officers do not have to be
Members of the Association.
b. Board Makeup - Post-Declarant Control Upon the termination ofthe Period of
Declarant Control, the Members of the Association shall elect the Board of Directors which shall
consist of at least three (3) Members of the Association. The Board of Directors elected by the
Members shall then elect the officers of the Association.
c. Related Declarant Discretion Matters. The Declarant may voluntarily surrender
his right to appoint and remove the members of the Board of Directors and the officers of the
Association before termination of the Period of Declarant Control, and in that event, the
Declarant may require, for the duration of the Period of Declarant Control, that specified actions
of the Association or the Board of Directors, as described in a recorded instrument executed by
the Declarant, be approved by the Declarant before they become effective.
7.3 Rules and Regulations bv Board
The Board of Directors, from time to time and subject to the provlslOns of this
Declaration, may adopt, amend, and repeal rules and regulations. The Rules may, among other
things, restrict and govern the use by any Owner, by the family of such Owner, or by any invitee,
licensee or lessee of such Owner, of any area within the Property subject to the Association's
jurisdiction and control; provided, however, that the Rules may not unreasonably discriminate
among Owners and shall not be inconsistent with the applicable federal and state Fair Housing
Acts, this Declaration, the Articles or Bylaws. A copy of the Rules, as they may from time to
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time be adopted, amended or repealed, shall be mailed or otherwise deliyered to each Owner and
may be recorded in the office of the Lincoln County Clerk.
7.4 Composition of Members
Each Townhome Owner and each Unit Owner shall be a Member of the Association. The
membership of the Association at all times shall consist exclusively of all the Owners.
Membership in the Association is mandatory and such Membership and the Allocated Interests
thereof are appurtenant thereto and may not be separated from ownership of a Townhome or a
Unit as the case may be; provided, however, the Allocated Interests of Townhomes or Units from
time to time may be modified or changed as expressly pennitted in this Declaration. No Owner
during his ownership ofa Townhome or Unit shall have the right to relinquish or tenninate his
membership in the Association.
7.5 Membership and Voting Rights
Each Townhome Owner and each Unit Owner shall automatically be a Member of the
Association and each such Owner shall be entitled to one (1) vote for each Townhome or each
Unit owned in matters concerning the administration of the Association as described in this
Declaration. In the event that a Townhome or Unit is owned of record by more than one person,
the vote attributed to that Townhome or .Unit shall be cast as the single vote of the collective
Owners of that Townhome or Unit as said Owners shall among themselves detennine, and said
vote shall not be apportioned. In the event of any dispute among joint owners of a Townhome or
Unit, the Board of Directors shall have the right to disqualify such Townhome or Unit from
voting on an issue unless or until the joint owners of such Townhome or Unit have reached
agreement as to their vote.
7.6 Non-Liability of Officials and Indemnification
To the fullest extent pennitted by law, neither Declarant, the Board, nor any committees
of the Association nor any member thereof, nor any officers, directors or employee& of the
Declarant or of the Association, shall be liable to any Owner or to the Association or any other
person for any damage, loss or prejudice suffered or claimed on account of any decision, course
of action, act, inaction, omission, error, negligence or the like made in good faith and which
Declarant, the Board, or such committees or officers reasonably believed to be within the scope
of their respective duties or rights.
To the fullest extent pennitted by law, Declarant and every director, officer or committee
member of the Association and/or the Declarant (to the extent a claim may be brought by reason
of Declarant's appointment, removal or control over members of the Board or its control over the
Association or any committee thereof) shall be indemnified by the Association. Every other
person serving as an employee or direct agent of the Association, or otherwise acting on behalf
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of and at the request of the Association may, in the discretion of the Board, be indemnified by
the Association.
Any such indemnification shall be limited to all expenses and liabilities, including
attorneys' fees, reasonably incurred by or imposed upon such person in connection with any
proceeding to which he may be a party or in which he may become involved, by reason of his
being or having served in such capacity on behalf of the Association (or in the case of Declarant
by reason of having appointed, removed, controlled or failed to control members of the Board, or
controlled or failed to control the Association), or incurred in any settlement thereof, whether or
not he is a directòr, officer or member of a committee or serving in such other specified capacity
at the time such expenses are incurred.
7.7 Annexation by the Town of Alpine, Wyoming
In the event that the Town of Alpine, Wyoming initiates annexation proceedings with
respect to all or a portion of the Property, the Association shall consent to such annexation so
long as the Town of Alpine agrees to provide to the owners of subdivided lots in the Property
water and sewer services equal to or better than being provided prior to the proposed annexation,
and agrees to accept dedication of the common access roads within the Property and to thereafter
provide maintenance (including snow removal) and repair services for such roads.
ARTICLE'VIII - ASSESSMENTS
8.1 Creation of the Lien and Personal Obligation to Pay Assessments
a. Each Owner of a Townhome and Unit, by acceptance of a deed to any Townhome
or Unit, whether or not it shall be so expressed in such deed, agrees and is deemed to covenant
and agree to pay to the Association:
1. Annual assessments or charges;
11. Special assessments for capital improvements;
111. Individual repair and maintenance assessments;
iv. Assessment for charges or fees due to the Association, such assessments to
be established and collected as herein provided; and
v. Such other assessments created by the Townhome Documents and the
Condominium Documents.
b. All Assessments levied by the Association, together with interest at 18% per
annum, and all costs incurred by the Association, including reasonable attorney's fees, shall be a
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charge on each Townhome and Unit, and shall be a continuing lien upon each Townhome and
Unit against which each Assessment is made from the date such Assessment is due to the
Association. Notice of the lien of the Association for such assessments may be recorded in the
office of the Lincoln County, Wyoming Clerk.
c. Delinquent assessments, together with interest, costs, and reasonable attorneys'
fees, shall also be the personal obligation of the person who was the Owner of such Townhome
or Unit at the time when the assessment was levied. The personal obligation for delinquent
assessments shall not pass to successors in title unless expressly assumed by them. The sale or
transfer of a Townhome or Unit shall not relieve the prior Owner thereof from personal liability
to pay delinquent assessments, plus interest, costs and attorney's fees. Such obligation shall
remain the personal obligation of the defaulting Owner.
8.2 Purpose of Assessments
Assessments levied by the Association shall be used exclusively to promote the
recreation, health, safety, and welfare of the Members and their guests, for the improvement,
maintenance and repair of the Common Elements and those portions of the Residential Buildings
or other facilities or structures for which the Association is responsible to maintain and for all
purposes set forth in the Articles, Bylaws and this Declaration, and any amended or supplemental
declarations. The Board of the Association may provide that assessments include a reserve fund
for maintenance, repairs and replacement of those elements of the Common Elements and those
portions of the Residential Buildings for which the Association is responsible to maintain, and of
property and equipment owned by the Association for the common use and enjoyment of the
Members, or otherwise the responsibility of the Association to maintain and repair.
8.3 Preparation of Budget
a. At least sixty (60) days (or soon thereafter as feasible) before the beginning of the
first full fiscal year of the Association after title to the first Townhome or Unit is conveyed to a
Purchaser and each fiscal year thereafter, the Board of Directors shall adopt a budget for the
Association containing an estimate of the total amount of funds which the Board of Directors
believes will be required during the ensuing fiscal year to pay all Common Expenses including,
but not limited to:
1. The amount required to pay for the cost of maintenance, management,
operation, repair and replacement of the Common Elements and those parts of the
Property and Improvements which the Association has the responsibility of maintaining,
repairing and replacing;
ii. The cost of wages, materials, insurance premiums, services, supplies and
other expenses required for the administration, operation, maintenance and repair of the
Property;
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111. The amount required to render to the Owners all services required to be
rendered by the Association under the Townhome Documents and. the Condominium
Documents; and
iv. Such amounts as are necessary to provide general operating reserves and
reserves for contingencies and replacements.
b. The budget shall separately reflect any Common Expenses to be assessed against
less than all of the Townhomes or Units pursuant to Subsections d and e of Section 8.4 and must
include an adequate allocation to reserves as part of the Common Expense Assessment.
c. Within thirty (30) days after the adoption of a budget, the Board of Directors shall
send to each Owner a summary of the budget and a statement of the amount of the Common
Expense Assessment assessed against each Townhome and Unit in accordance with Section 8.4
of this Declaration. The failure or delay of the Board of Directors to prepare or adopt a budget
for any fiscal year shall not constitute a waiver or release in any manner of an Owner's obligation
to pay his allocable share of the Common Expenses as provided in Section 8.4 of this
Declaration and each Owner shall continue to pay the Common Expense Assessment against his
Townhome or Unit as established for the previous fiscal year until notice of the Common
Expense Assessment for the new fiscal year has been established by the Board of Directors.
d. The Board of Directors is expressly authorized to adopt and amend budgets for
the Association, and no ratification of any budget by the Owners shall be required.
8.4 Common Expense Assessment
a. For each fiscal year of the Association commencing with the fiscal year in which
title to the first Townhome or Unit is conveyed to a Purchaser, the total amount of the estimated
Common Expenses set forth in the budget adopted by the Board of Directors (except for the
Common Expenses which are to be assessed against less than all of the Townhomes or Units
pursuant to Subsections d and e of this section) shall be assessed against each Townhome and
Unit in the proportion of such Townhome's or Unit's Common Expense Liability. If the Board
of Directors detennines during any fiscal year that its funds budgeted or available for that fiscal
year are, or will, become inadequate to meet all Common Expenses for any reason, including,
without limitation, nonpayment of Assessments by Members, it may increase the Common
Expense Assessment for that fiscal year and the revised Common Expense Assessment shall
commence on the date designated by the Board of Directors.
b. The Common Expense Assessments shall commence as to all Townhomes and
Units sold to Purchasers in the Property on the first day of the month following the conveyance
of title to the first Townhome or Unit to a Purchaser. The first Common Expense Assessment
shall be adjusted according to the number of months remaining in the fiscal year of the
Association. The Board of Directors may require that the Common Expense Assessments or
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Special Assessments be paid in installments. Unless otherwise directed by the Board, Common
Expense Assessments shall be paid in montWy installments and shall be due and payable on the
first day of each month.
c. Except as otherwise expressly provided for in this Declaration, all Common
Expenses, including, but not limited to, Common Expenses associated with the maintenance,
repair and replacement of a Limited Common Element, and reserves for Common Expenses shall
be assessed against all of the Townhomes and Units in accordance with Subsection a of this
section.
d. If any Common Expense is caused by the negligence or willful conduct, whether
by act or omission, of any Owner, lessee, guest, or invitees, the Association shall assess that
Common Expense exclusively against the Townhome or Unit owned by that Owner.
e. Assessments to pay a judgment against the Association may be made only against
the Townhomes and Units in the Property at the time the judgment was entered, in proportion to
their Common Expense Liability.
8.5 Special Assessments
In addition to Common Expense Assessments, the Association may levy in any fiscal
year of the Association a special assessment applicable to that fiscal year only for the purpose of
defraying, in whole or in part, the cost of any construction, reconstruction, repair, or replacement
of and part of the Common Elements or those portions of the Residential Buildings for which the
Association is responsible to maintain, including fixtures and personal property related thereto,
or for any other lawful Association purpose, provided that any Special Assessment shall have
first been approved by Owners representing two-thirds (2/3) of the votes in the Association and
who are voting in person or by proxy at a meeting duly called for such purpose, and by Declarant
during the Period of Declarant Control. Unless otherwise specified by the Board of Directors,
Special Assessments shall be due thirty (30) days after they are levied by the Association and
notice of the Special Assessment is given to the Owners.
8.6 Notice and Quorum for Any Action Authorized Under Section 8.5
Written notice of any meeting called for the purpose of obtaining the consent of the
Members for any action for which the consent of Members is required under Section 8.5 shall be
delivered to all Members not less than thirty (30) days or more than fifty (50) days in advance of
the meeting. At the first such meeting called, the presence of Members or of proxies entitled to
cast sixty percent (60%) of all the votes in the Association shall constitute a quorum. If the
required quorum is not present no action shall be taken at such meeting. Another meeting may
thereafter be called to consider the Special Assessment subject to the same notice requirement,
but the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum
Master Declaration of Covenants, Conditions and Restrictions for
the Snake River Junction Townhomes and Condominiums
Lincoln County, Wyoming
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C.00643
at the preceding meeting. Any such subsequent meeting shall be held no more than fifty (50)
days following the preceding meeting.
8.7 Effect ofNonpavrnent of Assessments: Remedies of the Association
a. Any Assessment, or any installment of an Assessment, which is not paid within
ten (10) days after the Assessment or any installment of an Assessment first became due, shall be
deemed delinquent and shall bear interest from the date of the delinquency at the rate of eighteen
percent (18%) per annum. In addition, the Board of Directors may establish and impose as an
additional assessment a reasonable late fee to be charged to an Owner and assessed against his
Townhome or Unit as part of the Assessment Lien for each installment of an Assessment that is
deemed delinquent.
b. All Assessments, fees, and other charges imposed or levied against any
Townhome or Unit or Owner shall be secured by the Assessment Lien as provided for in this
Declaration. The recording of this Declaration constitutes record notice and perfection of the
Assessment Lien and no further recordation of any claim of lien shall be required. Although not
required to perfect the Assessment Lien, the Association shall have the right, but not the
obligation, to record a notice setting forth the amount of any delinquent Assessments, fees, or
other charges imposed or levied against the Townhome or Unit or Owner which are secured by
the Assessment Lien.
c. The Association shall have the right, at its option, to enforce collection of any
delinquent Assessments and all other fees and charges owed to the Association in any manner
allowed by law, including, but not limited to:
i. Bringing an action at law against the Owner personally obligated to pay
the delinquent amounts which came due at the time he was the Owner thereof, which
action shall be deemed to be without prejudice to or waiver of the Assessment Lien
securing any such delinquent amounts; provided, however, that the personal obligation to
pay delinquent Assessments which came due prior to the transfer of ownership shall not
pass to successors in title; .
ii. Foreclosing its Assessment Lien against the Townhome or Unit in the
manner provided by law for the foreclosure of a realty mortgage, including specifically
the power of foreclosure by advertisement and sale; and
111. Suspending voting rights as provided in the Bylaws.
d. The Association shall have the power to bid in the indebtedness owed to the
Association at any foreclosure sale and to purchase, acquire, hold, lease, mortgage and convey
any and all Town or Unit Homes purchased at such sale.
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the Snake River Junction Townhomes and Condominiums
Lincoln County, Wyoming
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8.8 Subordination of Assessment Lien to Mortgages
All Assessment Liens shall be subordinate to the liens of any First Mortgages. Any First
Mortgagee or any other party acquiring title or coming into possession of a Townhome or Unit
through foreclosure of a First Mortgage, purchase at a foreclosure sale or trustee sale, or through
any equivalent proceedings, such as, but not limited to, the taking of a deed in lieu of
foreclosure, shall acquire title free and clear of any claims for unpaid Assessments and other
charges and fees against the Townhome or Unit which became payable prior to such sale or
transfer. Following foreclosure or sale, the Association's Assessment Lien shall be a continuing
lien on any proceeds distributable or payable directly or indirectly to the previous Owner/obligor.
Any delinquent Assessments, fees and other charges which are extinguished pursuant to this
section may be reallocated and assessed to all Townhomes and Units as a Common Expense.
Any Assessments, fees and other charges against the Townhome or Unit which accrue prior to
such sale or transfer shall remain the personal obligation of the defaulting Owner.
8.9 Exemption of Owner
No Owner. may exempt himself from liability for payment of Assessments, fees, and
charges levied pursuant to the Townhome Documents or the Condominium Documents by
waiver and/or nonuse of any of the Common Elements or by the abandonment of his Townhome
or Unit.
8.10 Certificate ofPavment
The Association, on written request, shall furnish to a lien holder, an Owner or Person
designated by an Owner, a recordable statement setting forth the amount of unpaid Assessments
against his Townhome or Unit. The statement shall be furnished within twenty (20) business
days after receipt of the request and is binding on the Association, the Board of Directors, and
every Owner. The Association may charge a reasonable fee in an amount established by the
Board of Directors for each such statement.
8.11 No Offsets
All Assessments and other fees and charges shall be payable in accordance with the
provisions of this Declaration, and no offsets against such Assessments and other fees and
charges shall be permitted for any reason, including, without limitation, a claim that the
Association is not properly exercising its duties and powers as provided in the Townhome
Documents and Condominium Documents.
8.12 Surplus Funds
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Lincoln County, Wyoming
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Surplus funds of the Association remaining after payment of or provisions for Common
Expenses and any prepayment of reserves may in the discretion of the Board of Directors either
be returned to the Owners pro rata in accordance with each Owner's Common Expense Liability
or be credited on a pro rata basis to the Owners to reduce each Owner's future Common Expense
Liability.
8.13 Monetary Charges and Assessments
In accordance with the procedures set forth in the Bylaws, the Board of Directors shall
have the right to levy reasonable monetary charges, fees, and assessments against an Owner for
violations of the Townhome Documents or Condominium Documents.
8.14 Reserves Fund
Upon the closing of every sale of each Townhome and Unit, each Purchaser ~hall pay to
the Association an amount equal to one-sixth (1/6) of the Common Expense Assessment for the
Townhome or Unit for the twelve months following such closing (the "Reserves Fund
Contribution") to establish a reserves fund to meet unforeseen expenditures, to purchase any
additional equipment or services by or for the Association, or, on a temporary basis, to pay
Association expenses such as insurance as they come due in the ordinary course in the event
there are not sufficient funds in the Association's general accounts at the time of the due date to
pay such expenses; provided, however, that the Board in its discretion shall reimburse the
reserves fund for such expenses incurred from Annual Assessments as they are paid by
Members. A Reserves Fund Contribution shall continue to be payable upon each subsequent sale
of a Townhome or Unit. Funds paid to the Association pursuant to this Section may be used by
the Association for payment of operating expenses or any other purpose permitted under this the
Townhome documents or Condominium Documents. The amounts paid to the Association
pursuant to this Section shall be nonrefundable and shall not be considered an advance payment
of any Assessments levied by the Association pursuant to this Declaration.
ARTICLE IX - INSURANCE
9.1 Scope of Coverage
a. Commencing not later than the date of the first conveyance of a Townhome or
Unit to a Purchaser, the Association shall maintain, to the extent reasonably available, the
following insurance coverage:
i. Property insurance on the Common Elements insuring against all risks of
direct physical loss commonly insured against, in an amount detennined by the Board of
Directors; provided, however, that the total amount of insurance shall not be less than one
hundred percent (100%) of the current replacement cost of the insured property,
Master Declaration of Covenants, Conditions and Restrictions for
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Lincoln County, Wyoming
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exclusive of land, excavations, foundations and other items normally excluded from a
master or blanket hazard and multi-peril property insurance policy;
ii. To the extent available, property insurance on Townhomes, Units or
portions thereof, as determined by the Board to be included in the insurance maintained
under subsection (a), paragraph (i), however, such insurance need not include
improvements installed by Owners or the personal property of Owners;
lll. Comprehensive General Liability insurance, for a limit to be determined
by the Board, but not less than $1,000,000.00 for any single occurrence and
$2,000,000.00 general aggregate. Such insurance shall cover all occurrences commonly
insured against for personal injury, death, bodily injury and property damage arising out
of or in connection with the use, ownership or maintenance of the Common Elements;
iv. Workmen's compensation insurance to the extent necessary to meet the
requirements of the laws of Wyoming,
v. Directors' and officers' liability insurance covering all the directors and
officers of the Association in such limits as the Board of Directors may determine from
time to time;
vi. Blanket fidelity bonds for all officers, directors and employees of the
Association and all other persons handling, or responsible for, funds of or administered
by the Association; and
vii. Such other insurance as the Association shall determine from time to time
to be appropriate to protect the Association, the members of the Board of Directors,
and/or the Owners.
b. The insurance policies purchased by the Association shall, to the extent
reasonably available, contain the following provisions:
i. Each Owner shall be an insured under the policy with respect to liability
arising out of his ownership of an undivided interest in the Common Elements or his
membership in the Association.
ii. There shall be no subrogation with respect to the Association, its agents,
servants, its Board of Directors or officers thereof, and/or employees against Owners and
members of their household.
111. No act or omission by any Owner, unless acting within the scope of his
authority on behalf of the Association, shall void the policy or be a condition to recovery
on the policy.
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Lincoln County, Wyoming
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iv. The coverage afforded by such policy shall be primary and shall not be
brought into contribution or proration with any insurance which may be purchased by
Owners or their mortgagees or beneficiaries under deeds of trust.
v. A "severability of interest" endorsement which shall preclude the insurer
from denying the claim of an Owner because of the negligent acts of the Association or
other Owners.
vi. The Association shall be the insured for use and benefit of the individual
Owners (designated by name if required by the insurer).
vii. For policies of hazard insurance, a standard mortgagee clause providing
that the insurance carrier shall notify the Association and each First Mortgagee named in
the policy at least ten (I 0) days in advance of the effective date of any substantial change
in coverage or cancellation of the policy.
Vlll. Any Insurance Trust Agreement will be recognized by the insurer.
ix. Such coverage shall not be contingent upon action by the insurance
carrier's board of directors, policyholders or members or permit claims for contribution or
assessments to be made against Owners or their Mortgagees.
x. If the Townhome or Unit is located in an area identified by the Secretary
of Housing and Urban Development as an area having special flood hazards, a "blanket
policy" of flood insurance on the Property in the lesser of one hundred percent (I 00%) of
the current replacement cost of the Buildings and any other property covered on the
required form of policy or the maximum limit of coverage available under the National
Insurance Act of 1968, as amended.
xi. "Agreed Amount," and "Building Ordinance or Law" endorsements,
except where expressly not applicable or not available.
9.2 Payment of Premiums
Premiums for all insurance obtained by the Association pursuant to this Article and all
deductibles thereunder shall be Common Expenses and shall be paid for by the Association.
9.3 Insurance Obtained by Owners/Non-Liabilitv of Association
Each Owner or Lessee shall be solely responsible at their expense for obtaining and
maintaining insurance to protect their real property interest in their Townhome or Unit and all of
their personal property. Notwithstanding the obligation of the Association to obtain insurance
coverage as stated in this Declaration, neither the Declarant nor the Association, or their
Master Declaration of Covenants, Conditions and Restrictions for
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Lincoln County, Wyoming
Page 38
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respective officers, directors, employees and agents, shall be liable to any Owner or any other
party if any risks or hazards are not covered by the insurance to be 'maintained by the Association
or if the amount of the insurance is not adequate, and it shall be the responsibility of each Owner
to ascertain the coverage and protection afforded by the Association's insurance and to procure
and pay for any additional insurance coverage and protection that the'Owner may desire.
9.4 Payment of Insurance Proceeds
Any loss covered by property insurance obtained by the Association in accordance with
this Article shall be adjusted with the Association and the insurance proceeds shall be payable to
the Association and not to any mortgagee or beneficiary under a deed of trust. The Association
shall hold any insurance proceeds in trust for Owners and lienholders as their interests may
appear, and the proceeds shall be disbursed and applied in a fair and equitable manner.
9.5 Certificate ofInsurance
An insurer that has issued an insurance policy pursuant to this Article of the Declaration
shall issue certificates or memoranda of insurance to the Association and, on written request, to
any Owner, mortgagee, or beneficiary under a deed of trust. The insurer issuing the policy shall
not cancel nor refuse to renew it until thirty (30) days after notice of the proposed cancellation or
non renewal has been mailed to the Association, each Owner, and each mortgagee or beneficiary
under a deed of trust to whom a certificate or memorandum of insurance has been issued at their
respective last known address.
ARTICLE X - EMINENT DOMAIN & ANNEXATION
10.1 Notice and Negotiations
In the event proceedings are initiated by any government or agency thereof, seeking to
take by eminent domain the Common Elements, any part thereof or any interest therein, any
improvement thereon, or any interest therein, with a value (including loss of value to the balance
of the Common Elements and improvements thereof), as reasonably determined by the
Association, in excess of Ten Thousand Dollars ($10;000), the Association shall give prompt
notice thereof, including a description of the part of or interest in the Common Elements or
improvement thereon sought to be so condemned, to all First Mortgagees of Townhomes or
Units, all Members, and to the Declarant. The Association shall have full power and authority to
defend in said proceedings, and to represent the Owners in any negotiations, settlements, and
agreements with a condemning authority for acquisition of the Common Elements or part
thereof, but the Association shall not enter into any such proceedings, settlement, or agreements,
pursuant to which thé Common Elements or any part thereof or any interest therein, or any
improvement thereon or any part thereof or interest therein is relinquished, without giving all
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the Snake River Junction Townhomes and Condominiums
Lincoln County, Wyoming
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First Mortgagees of Townhomes or Units, all Members, and Declarant at least fifteen (15) days'
prior written notice thereof.
10.2 Award Proceeds
In the event, following such proceedings, there is such a taking in condemnation or by
eminent domain of a part or all of the Common Elements, the award made for such taking, shall
be applied by the Association to such repair and restoration. Ifthe full amount of such award is
not expended to repair and restore the Common Elements, the Association shall disburse the net
proceeds of such award to the Owners, the Owner of each Townhome and Unit to receive one (1)
equal share, except that any portion of the award attributable to the acquisition of a Limited
Common Element shall be equally divided among the Owners to which the Limited Common
Element was allocated at the time of the acquisition, and provided that the Association shall first
payout of the share of each Owner the amount of any unpaid liens or encumbrances on his
Townhome or Unit in the order of the priority of such liens or encumbrances. No provision of
this Declaration or of any other document relating to the Properties shall be deemed to give an
Owner or any other party priority over the rights of a First Mortgagee pursuant to a First
Mortgage in the case of a distribution to an owner of insurance proceeds or condemnation award
for losses to or taking of Townhomes, Units or Common Elements or any combination thereof.
10.3 Annexation to Town of Alpine. Wvoming.
In the event that the Town of Alpine, Wyoming initiates annexation proceedings with
respect to all or a part of the Property, each Owner, by acceptance of a deed to any portion of the
Property shall be deemed to have consented to the proposed annexation, and shall be prohibited
from opposing the proposed annexation, directly or indirectly. In the event that any owner
breaches the covenant contained in this section, such Owner shall pay all of the costs, including
reasonable attorney's fees, incurred by the Town of Alpine in addressing such opposition to
annexation.
ARTICLE XI - MANDATORY PROCEDURES
11.1 Consensus for Association Action
a. Except as provided in this Article, the Association may not commence a legal
proceeding or an action without the approval of at least two-thirds (2/3rds) of the votes of the
Members eligible to vote. This Article shall not apply, however, to:
i. Actions brought by the Association to enforce the prOVISIOns of the
Townhome Documents or Condominium Documents, including, without limitation, the
foreclosure of liens;
11. The imposition and collection of assessments;
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the Snake River Junction Townhomes and Condominiums
Lincoln County, Wyoming
Page 40
111.
Proceedings involving challenges to ad valorem taxation; or
000650
IV.
against it.
Counterclaims brought by the Association ill proceedings instituted
b. Prior to the Association or any Member commencing any proceeding to which
Declarant is a party, including but not limited to an alleged defect of any improvement,
Declarant shall have the right to be heard by the Members, or the particular Member, and to
access, inspect, correct the condition of, or redesign any portion of any improvement as to which
a defect is alleged or otherwise correct the alleged dispute.
11.2 Alternative Method for Resolving Disputes
Except for certain claims described in Section 11.3, Declarant and its officers, directors,
employees and agents; the Association, its officers, directors and committee members; all
Persons subject to this Declaration, including all Members of the Association; and any Person
not otherwise subject to this Declaration but who agrees to submit to this Article (each such
entity being referred to as a "Bound Party") covenants and agrees to submit all claims,
grievances or disputes described in 11.3 (singularly, "Claim," and collectively, "Claims") to the
procedures set forth in 11.4.
11.3 Claims
a. Unless specifically exempted below, the following claims between any of the
Bound Parties, regardless of how the same might have arisen or on what it might be based shall
be subject to the provisions of 11.4:
i. Claims arising out of or relating to the interpretation, application or
enforcement of the Townhome Documents and Condominium Documents, or the rights,
obligations and duties of any Bound Party under the Townhome Documents and
Condominium Documents,
11. Claims relating to the design or construction of Improvements; or
lll. Claims based upon any statements, representations, promises, warranties,
or other communications made by or on behalf of any Bound Party.
b. Notwithstanding the above, the following shall not be Claims required to be
resolved using the provisions described in Section 11.4:
i. Any suit by the Association against any Bound Party to enforce the
provisions hereof pertaining to assessments;
Master Declaration of Covenants, Conditions and Restrictions for
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Lincoln County, Wyoming
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ii. Any suit by the Association or Declarant to obtain a temporary restraining
order or injunction (or equivalent emergency equitable relief) and such other ancillary
relief as the court may deem necessary in order to preserve the Declarant's or the
Association's ability to act under and enforce the provisions of this Declaration as
amended or supplemented, or to maintain the status quo and;
111. Any suit between or among Owners, which does not include the Declarant
or the Association as a party, if such suit asserts a Claim which would constitute a cause
of action independent of the Townhome Documents and Condominium Documents; and
iv. Any suit in which any indispensable party (as defined pursuant to
Wyoming Rules of Civil Procedure Rule 19 and court cases interpreting same) is not a
Bound Party.
With the consent of all parties hereto, any of the above identified in this Subpart b may be
submitted to the alternative dispute resolution procedures set forth in 11.4.
11.4 Mandatory Procedures
a. Notice. Any Bound Party having a Claim ("Claimant") against any other Bound
Party ("Respondent") (the Claimant and the Respondent referred to herein being individually, as
a "Party" or, collectively, as the "Parties") shall notify each Respondent in writing and within
thirty (30) days of the claims arising (the "Notice"), stating plainly and concisely:
i. The nature of the Claim; including the Persons involved and Respondent's
role in the Claim;
11. The legal basis of the Claim;
111. The proposed remedy; and
iv. The fact that Claimant will meet with Respondent to discuss in good faith
ways to resolve the Claim.
b. Negotiation 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 Notice, the Board may appoint a representative to
assist the Parties in negotiation.
ii. If the Parties do not resolve the Claim within thirty (30) days after the date
of the Notice (or within such other period as may be agreed upon by the Parties)
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Lincoln County, Wyoming
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("Termination of Negotiations"), the Claim shall be determined by binding arbitration
conducted pursuant to Subsection c of this Article 11.4.
c. Binding Arbitration.
i. If a Claim is not resolved through informal negotiation or mediation
described in Subsection b above, such Claim shall not be decided by or in a court of law,
but shall instead be resolved through binding arbitration as described below.
ii. Arbitration shall be initiated by the Claimant delivering a written
notice of Claim to the party against whom the Claim is made ("Respondent"), setting
forth in detail each Claim to be resolved in arbitration and the factual basis for each such
Claim. Respondent shall deliver a written response to Claimant within thirty (30) days
including a confirmation or denial of all or part of the Claims made by the initiating party
and a brief statement of the nature and circumstances of any prospective counterclaims.
Failure to respond within the stated time shall not operate to delay the arbitration and,
under such circumstances, it will be assumed that the claim is denied.
111. If the claimed amount exceeds $500,000, the dispute shall be heard and
determined by three arbitrators selected as determined below. Otherwise, unless mutually
agreed to by the parties, there shall be one arbitrator who shall be agreed upon by the
parties to the arbitration or, failing agreement, appointed by the Wyoming State District
Court Judge in Lincoln County, Wyoming. In all cases, Arbitrators shall have expertise in
the area(s) of dispute, which may include legal expertise if legal issues are involved.
iv. If the claimed amount exceeds $500,000, the Claimant shall select an
arbitrator who may not be an employee, employer or owner, directly or indirectly of the
Claimant. The name and address of the arbitrator thus selected shall be included in the
demand for arbitration described in paragraph (ii) above. The Respondent(s) may also
select an arbitrator, within the time required for response as described in paragraph (ii)
above, who also shall not be an employee, employer or owner, directly or indirectly, of
such party or parties; the name and address of such arbitrator shall be included in the
response which shall be served not only on the Claimant but also upon the arbitrator
. selected by the Claimant. The two arbitrators so chosen shall within. thirty (30) days
following the selection of the last of the two arbitrators choose a third or "neutral"
arbitrator, who shall be a licensed Wyoming attorney at law (who shall act as the
presiding/administrative arbitrator for the proceedings herein described), whose name and
address shall be submitted by notices hereinafter provided by all parties. In the event the
Respondent(s) fails to select an arbitrator within the time specified, the arbitrator selected
by the Claimant shall be designated as sole arbitrator. In the event the two arbitrators fail
to agree on a third arbitrator, the third arbitrator will be selected by the Wyoming State
District Court Judge in Lincoln County, Wyoming. The "neutral" or presiding arbitrator
shall give notice to the parties and the other arbitrators of any circumstances likely to
affect his or her impartiality in the arbitration, including but not limited to financial or
Master Declaration of Covenants, Conditions and Restrictions for
the Snake River Junction Townhomes and Condominiums
Lincoln County, Wyoming
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personal interests in the outcome of the arbitration and past or present relationships with
any of the parties to the arbitration.
v. The arbitration shall be conducted generally in accordance with the Rules
of the American Arbitration Association unless the parties otherwise agree in writing. In
. any event, the parties shall be entitled to reasonable and necessary discovery and
mandatory exchanges of information generally in accordance with the Federal Rules of
Civil Procedure (including local rules) for the District of Wyoming. In order to reduce
costs and achieve efficiency, any party may initiate or participate in depositions, pre-
hearing conferences or other proceedings, except the arbitration hearing itself, by
telephone.
vi. The arbitration shall be held in Lincoln County, Wyoming. All issues to
be arbitrated shall be governed by the substantive law of the State of Wyoming. The
Arbitrators shall not, in any instance, have the power to impose punitive or exemplary
damages, and all claims for such damages are hereby waived.
vii. Each party shall pay a pro-rata of the cost of the arbitration. Each party
shall bear their own attorneys' fees, unless the right to recover attorneys' fees otherwise
exists under contract, including this contract or applicable law.
viii. All parties subject to or benefiting from this Declaration and any
amendments or supplements hereto acknowledge that this agreement to arbitrate is a
waiver of their right to resolve disputes in State and Federal Courts, except to enforce any
arbitration award,. and a waiver of their right to a jury trial.
ix. The award of the arbitrator(s) shall be accompanied by detailed written
findings of fact and conclusions of law. Except as may be required by law or for
confirmation of an award, neither a party nor an arbitrator may disclose the existence,
content, or results of any arbitration hereunder without the prior written consent of both
parties.
x. Any judgment upon the award rendered by the arbitrator may be entered in
and enforced by any court having jurisdiction over such Claim.
xi. If a Party unsuccessfully contests the validity or scope of arbitration in a
court of law, the non-contesting party shall be awarded reasonable attorney's fees and
expenses incurred in defending such contest.
xii. All decisions respecting the arbitrability of any Claim shall be decided by
the arbitrator(s).
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11.5 Amendment of Article XI
Without the express prior written consent of Declarant this Article XI may not be
amended for a period of twenty years from the effective date of this Declaration.
ARTICLE XII - GENERAL PROVISIONS
12.1 Enforcement
The Association, or subject to limitations stated elsewhere in this Declaration, any
Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions,
conditions, covenants, reservations, liens or charges now or hereafter imposed by the provisions
of the Townhome Documents and Condominium Documents. Provided, however, that any
Owner or Owners shall first, in writing, request the Board of Directors of the Association to
enforce the particular right or restriction and shall allow thirty (30) days from the date of the
written request for the Board to act. Should the Board fail to act after the thirty days has passed,
the Owner or Owners may proceed subject to the Townhome Documents and Condominium
Documents. Failure by the Association or by any Owner to enforce any covenant or restriction
contained in the Townhome Documents and Condominium Documents shall in no event be
deemed a waiver of the right to do so thereafter.
12.2 Severability
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.
12.3 Amendment of Declaration
a. Except as expressly provided elsewhere in this Declaration, the terms hereof may
be amended by the Association; upon the affirmative vote of at least sixty-seven percent (67%)
of the total votes held by Owners, and shall be made only by an instrument in writing signed by
the President and Secretary of the Association and recorded in the office of the Lincoln County,
Wyoming Clerk, within thirty (30) days after adoption of the amendment; provided, however,
that during the Period of Declarant Control, any amendment or attempted revocation hereof must
be approved in writing by the Declarant, which approval shall also be recorded.
b. An amendment to the Declaration shall not terminate or decrease any unexpired
rights reserved to the Declarant or the Period of Declarant Control unless the Declarant approves
the amendment in writing.
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c. Notwithstanding the above, during the Period of Declarant Control, Declarant
shall have the right, without any vote or consent whatsoever, to amend this Declaration of its
own volition and to make such changes as Declarant shall in its sole discretion deem proper,
including changes to Common Elements.
12.4 Remedies Cumulative
Each remedy provided herein is cumulative and not exclusive.
12.5 Notices
a. All notices, demands, statements or other communications required to be given or
served under this Declaration shall be in writing delivered personally or sent by United States
mail, postage prepaid, addressed as follows:
i. If to an Owner, at the address of the Owner maintained by the Lincoln
County, Wyoming Assessor. An Owner may change his address on file with the
Association for receipt of notices by delivering a written notice of change of address to
the Association pursuant to this section.
ii. If to the Association or the Declarant at such address as shall be
designated by to the Board and delivered to the Owners from time to time.
b. A notice given by U.S. mail (whether regular or certified or registered), shall be
deemed to have been received by the person to whom the notice was addressed three days after
the notice is mailed. If a Townhome or Unit is owned by more than one person, notice to one of
the Owners shall constitute notice to all Owners of the same Townhome or Unit.
c. Every Owner shall promptly notify the Association in writing of any subsequent
change of address.
12.6 Binding Effect
a. By acceptance of a deed or by acquiring any ownership interest in any portion of
a Townhome or Unit, each Person, for himself his heirs, personal representatives, successors,
transferees and assigns:
(1) Binds himself, his heirs, personal representatives, successors, transferees
and assigns, to all of the provisions, restrictions, covenants, conditions, easements, rules,
and regulations now or hereafter imposed by the Townhome Documents and
Condominium Documents and any amendments thereof.
Master Declaration of Covenants, Conditions and Restrictions for
the Snake River Junction Townhomes and Condominiums
Lincoln County, Wyoming
Page 46
Ü00656
(2) Acknowledges that the Townhome Documents and Condominium
Documents set forth a general scheme for the improvement and development of the
Property and hereby evidences his interest that all the restrictions, conditions, covenants,
easements, rules, and regulations contained' in the Townhome Documents and
Condominium Documents shall run with the land and be binding on all subsequent and
future Owners, grantees, purchasers, assignees, and transferees thereof.
(3) Understands and acknowledges that the Townhome Documents and
Condominium Documents shall be mutually beneficial, prohibitive and enforceable by
the various subsequent and future Owners.
(4) Irrevocably appoints the Declarant as such Person's attorney in fact for
purpose of the Declarant's exercise of any Declarant Right described herein that might
require the signature of such Person.
b. Declarant, its successors, assigns and grantees, covenants and agrees that the
Townhomes, Units and the membership in the Association and the other rights created by the
Townhome Documents and Condominium Documents shall not be separated or separately
conveyed and each shall be deemed to be conveyed or encumbered with its respective
Townhome or Unit even though the description in the instrument of conveyance or encumbrance
may refer only to the Townhome or Unit.
12.7 Gender
The singular, wherever used in this Declaration, shall be construed to mean the plural
when applicable, and the necessary grammatical changes required to make the provisions of this
Declaration apply to either entities or individuals, or men or women, shall in all cases be
assumed as though in each case fully expressed.
12.8 Topic Headings
The marginal or topical headings of the sections contained in this Declaration are for
convenience only and do not define, limit or construe the contents of the sections or of this
Declaration.
12.9 Survival of Liability
The termination of membership in the Association shall not relieve or release any such
former Owner or Member from any liability or obligation incurred under, or in. any way
connected with, the Association during the period of such ownership or membership, or impair
any rights or remedies which the Association may have against such former Owner or Member
Master Declaration of Covenants, Conditions and Restrictions for
the Snake River Junction Townhomes and Condominiums
Lincoln County, Wyoming
Page 47
000657
arising out of, or in any way connected with, such ownership or membership and the covenants
and obligations incident thereto.
12.1 0 Construction
In the event of any discrepancies, inconsistencies or conflicts between the provisions of
this Declaration and the Articles, Bylaws, or the Association Rules, the provisions of this
Declaration shall control.
12.11 Joint and Several Liability
In the case of joint ownership of a Townhome or Unit, the liabilities and obligations of
each of the joint Owners set forth in, or imposed by, the Townhome Documents and
Condominium Documents shall be joint and several.
12.12 Guests and Tenants
Each Owner shall, to the extent permitted by Wyoming law, be responsible for
compliance by his agents, tenants, guests, invitees, licensees and their respective servants,
agents, and employees with the provisions of the Townhome Documents and Condominium
Document. An Owner's failure to ensure compliance by such persons shall be grounds for the
same action available to the Association or any other Owner by reason of such Owner's own
noncompliance.
12.13 Attorneys' Fees
In the event the Declarant, the Association or any Owner employs an attorney or
attorneys to enforce an Assessment Lien or to collect any amounts due from an Owner or to
enforce compliance with or recover damages for any violation or noncompliance with the
Townhome Documents or Condominium Documents, the prevailing party in any such action
shall be entitled to recover his reasonable attorneys' fees incurred in the action from the other
party.
12.14 Number of Days
In computing the number of days for purposes of any provision of the Townhome
Documents and Condominium Documents, all days shall be counted including Saturdays,
Sundays and holidays; provided, however, that if the fmal day of any time period falls on a
Master Declaration of Covenants, Conditions and Restrictions for
the Snake River Junction Townhomesand Condominiums
Lincoln County, Wyoming
Page 48
000658
Saturday, Sunday or holiday, then the final day shall be deemed to be the next day which is not a
Saturday, Sunday or holiday.
12.15 Declarant's Disclaimer of Representations
While Declarant has no reason to believe that any of the provisions contained in this
Declaration are or may be invalid or unenforceable for any reason or to any extent, Declarant
makes no warranty or representation as to the present or future validity or enforceability of any
provisions of this Declaration. Any Owner acquiring a Townhome or Unìt in reliance on one or
more of the provisions in this Declaration shall assume all risks of the validity and enforceability
thereof and by acquiring the Townhome or Unit agrees to hold Declarant harmless therefrom.
12.16 No Absolute Liability
No provision of the Townhome Documents or Condominium Documents shall be
interpreted or construed as imposing on Owners strict liability for damage to the Common
Elements or a Townhome or Unit. Owners shall only be responsible for damage to the Common
Elements or Townhomes or Units caused by the Owners' negligence or intentional conduct,
whether by act or omission.
12.17 Choice of Law. Venue. and Personal Jurisdiction
This Declaration and all amendments and supplements hereto shall be governed by and
construed in accordance with the laws of the State of Wyoming as though a contract entered into
in the State of Wyoming. ~y acceptance of a deed or upon entering into a lease for a Townhome
or Unit, every Person (i) consents to the personal jurisdiction of the State District Courts of the
State of Wyoming, (ii) agrees that the sole venue of any court action brought hereunder shall be
in the Ninth Judicial District Court or the Circuit Court of Teton County, Wyoming, and (iii)
waives any right to a jury trial in such Courts. This paragraph shall not in any way limit any
proceedings undertaken to enforce a judgment entered by the above-referenced Wyoming Courts
in a state other than Wyoming.
12.18 Limitation Upon Liability of Declarant and Management Firm
The Association and Owners shall and do fully indemnify and hold the Declarant and any
Management Company retained by the Declarant harmless from all loss, cost, and expense,
including reasonable attorney's fees, for injury or damages, whether caused by any latent
condition of the property to be maintained and repaired by them, natural elements, other persons,
or caused by any other reason whatsoever.
Master Declaration of Covenants, Conditions and Restrictions for
the Snake River Junction Townhomes and Condominiums
Lincoln County, Wyoming
Page 49
000659
IN WITNESS WHEREOF, the Declarant has executed this Declaration on the day and
year first above written.
Declarant:
Alpine Development Group, LLC,
Wyoming limited liability company
By:
\-}:~=~
~-_.. ... ---.-....-...
Dannen Mavis, President of
Vernon Properties, Inc. a
corporation, Its Manager
~.-~_...........-............,.
Mavis and
California
Master Declaration of Covenants, Condition~ and Restrictions for
the Snake River Junction Townhomes and Condominiums
Lincoln County, Wyoming
Page 50
/IJ'- .
STATE OF lffJd rð/2-)//ft )
COUNTY OF ¿;f1t-/ !-(/ /5 ¿f1315PéJ ~ ss.
. I On this ?Þ( day of ~ , 200f) before me personally appeared
])/H/I}\ I eµ Ñ\A-\[ r,ç' , to me personally known, who, being by me duly sworn, did say
that he is the President of Mavis & Vernon Properties, Inc., a California Corporation, which is
the Manager of Alpine Development Group, LLC, and that said instrument was signed on behalf
of and as the free act and deed of said limited liability company.
Ø00660
Given under my hand and seal the date first above written.
ðdAUb!~~~
.J"
SEAL
CLARENCE RUSSEll MCMILLIN
Commission # 1600120
Notary Public - California ~ ,',
San LuIs ObIspo County -
My Comm. Expires Aug 9, 2009
. "':.o.! " ~. ._ .,.~,."-" ';,..
Master Declaration of Covenants, Conditions and Restrictions for
the Snake River Junction Townhomes and Condominiums
Lincoln County, Wyoming
Page 51
000661
EXHIBIT A
ALLOCATED INTERESTS
Townhome Lot S.F.1 Building Porch S.F. Combined Allocated
Lot No. S.F. Areas S.F. Interest2
1 3838 2500 403 6,741 .109001827
2 2241 2212 152 4,605 .074462752
3 2295 1946 157 4,398 .071115566
4 4490 2500 403 7,393 .119544653
5 5025. 2349 171 7,545 .122002490
6 2308 2242 114 4,664 .075416781
7 4724 2349 171 7,244 .117135326
8 4352 2500 403 7.255 .117313196
9 2386 1946 157 4.489 .072587034
10 4606 2500 403 7,509 .121420370
Totals 36,265 23,044 2,534 61,843 1.0
.
I S.F. means square footage.
2 Calculated by dividing the Combined Areas for a given lot by the Total Combined Areas for all lots.
Exhibit A to
Master Declaration of Covenants, Conditions and Restrictions for
the Snake River Junction Townhomes and Condominiums
Lincoln County, Wyoming