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HomeMy WebLinkAbout945235 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR JENSEN CONDOMINIUM ADDITION RECEIVED 2/12/2009 at 11:47 AM RECEIVING # 945235 BOOK: 715 PAGE: 299 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY WI ûOû299 ûOv..30t) DECLARA nON OF COVENANTS. CONDITIONS AND RESTRICTIONS FOR JENSEN CONDOMINIUM ADDITION. ALPINE, WYOMING THIS DECLARATION, made on the date hereinafter set forth by MAJ, LLC, a Wyoming limited liability company. WITNESSETH: WHEREAS, Declarant is the owner of certain property in Lincoln County, Wyoming, which is more particularly described as all of Lot 308 of the Palis Park Third Addition to the Town of Alpine, Wyoming per that plat recorded in the office of the Lìncoln County Clerk in Kemmerer, Wyoming. NOW, THEREFORE, Declarant hereby declares that all of the properties described above and platted as the Jensen Condominium Addition, shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I - DEFINITIONS Section 1. "Articles" shall mean the Articles of Incorporation for the Jensen Condominium Addition Homeowner's Association, Inc. Section 2. "Association" shall mean and refer to the Jensen Condominium Addition Homeowner's Association, Inc., a Wyoming non-profit corporation, filed with the Secretary of State whose purpose is the management and operation of the homeowner's association and enforcement of the covenants. Section 3. "Bylaws" shall mean the bylaws for the Jensen Condominium Addition Homeowner's Association, Inc. Section 4. "Common Area" or "General Common Elements" shall mean all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the owners. The Common Area is described all that area described or depicted on the Condominium Plat as Common Area and shall also include but not limited to water, sewer, electrical, utility lines, stairways, halls, walls, floors, ceilings, and other structures and . installations as are outside of the Condominium Unit boundaries as delineated or described on the Condominium Plat. Each Owner shall have an equal (1/4) undivided interest in and to the Common Area and Limited Common Area. Section 5. "Condominium" or "Condominium Unit" means the fee simple title in and to a unit together with an appurtenant membership in the Jensen Condominium Homeowners Association, Inc. which owns the general common elements and limited common elements of this Subdivision. 2 00°301 Section 6. "Declarant" shall mean and refer to MAJ, LLC, a Wyoming limited liability company. Section 7. "Declaration", or "Declaration of Condominium" means this· instrument and any amendments thereto. Section 8. "Limited Common Area" or "Limited Common Elements" means those appurtenances which are either limited to and reserved for the exclusive use of an owner of a condominium unit or are limited to and reserved for the common use of more than one but fewer than all of the condominium unit owners. Limited Common Area include the garages, decks, and patios as shown on the Plat. Section 9. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Condominium Unit which is part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 10. "Property" means the Jensen Condominium Addition. Section 11. "Unit" or "Condominium Unit" means an individual air space which is contained within the perimeter walls, floors, ceilings, windows, and doors of each unit of a Condominium Plat to be filed for record upon a lot of this subdivision, together with all fixtures and improvements therein contained but not including any structural components of the building, if any, located within the unit. ARTICLE II - PROPERTY RIGHTS Section 1. Ownership. The ownership of any Condominium Unit may be held in any legally recognized manner or form, except under a time sharing arrangement whereby less than 100% of the fee simple interest in a Condominium Unit is sold upon some basis of limited time. Such time sharing arrangements are inconsistent with the Declarant's desires and would tend to provide a degree of transientness and commercialism to what is intended to be a neighborhood residential development. The rental of a unit should, to the extent possible, be for periods of 30 days or more. Shorter rental periods are allowed, unless in the sole discretion of the Association's Board of Directors such use constitutes a nuisance and is incompatible with the residential nature of the property. In such event the Board of Directors shall be authorized to restrict all of the condominium units to rental periods of not less than 30 days. Section 2. Owner's Easements of Enjoyment. Every Owner shall have a right and easement of enjoyment in and to the Common Area which shall be 3 appurtenant to and shall pass with the title to every lot, subject toCfuqŸo~~Jfng provisions: The right of the· Association to dedicate or transfer all or any part of the Common area to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by 3/4 of the members has been recorded. Section 3. Delegation of Use. Any owner may delegate, in accordance with the Bylaws, his/her right of enjoyment to the Common Area and facilities to the members of the Owner's family, tenants, or contract purchasers who reside on the property; however, the owner shall continue to be primarily liable for the actions and conduct of those persons the Owner permits to enter the property. Section 4. Easements. (a) Encroachments. In the event that, by reason of the construction, reconstruction, settlement or shifting of the building, or the design or construction of any Unit, any part of the General Common Elements encroaches or shall hereafter encroach or shall hereafter encroach upon ay part of the Limited Common Elements or any other Unit, or, if by reason of the design or construction of utility systems, any main pipes, ducts, or conduits serving more than one Unit encroach or shall hereafter encroach upon any part of any Unit¡ valid easements for the maintenance of such encroachment and for the use of such adjoining space shall exist for the benefit of such Unit and the General Common Elements, as the case may be, so long as all or any part of the building containing such Unit shall remain standing, provided, however, that in no event shall a valid easement for any encroachment be created in favor of the Owner of any Unit or in favor of the Owners of the General Common Elements if such encroachment occurred due to the willful conduct of said Owner or Owners. (b) Easements for Certain Utilities. The Board may hereafter grant easements for utility purposes for the benefit of the Units and the Property, including the right to install, lay, maintain, repair and replace water mains and pipes, sewer lines, gas mains, telephone wires and equipment, and electrical conduits, and wires over, under, along and on any portion of the General Common Elements; and each Owner hereby grants the Board an irrevocable power of attorney to execute, acknowledge, and record, for an in the name of each Owner, such instruments as may be necessary to effectuate the foregoing. (c) Easements Through Walls Within Units. Easements are hereby declared and granted to install, lay, maintain, repair, and replace any pipèS, wires, ducts, conduits, public utility lines or structural components running through the wall of the Units, whether or not such walls lie in whole or in part within the Unit boundaries. 4 000303 (d) Easements to Run With Land. All easements and rights described herein are easements appurtenant, running with the land, perpetually in full force and effect, and at all times shall inure to the benefit of and be binding on the undersigned, its successor and assigns, and any owner, purchaser, mortgages and other person having an interest in the Property or any part of portion thereof. Section 5, Use Of General Common Elements. (a) Regulation by Board. No person shall use the Common Area or any part thereof in any marmer contrary to or hot in accordance with such rules and regulations pertaining thereto as the Board may adopt from time to time. (b) Management, Maintenance, Repairs, Alterations,· and Improvements. Except as otherwise provided herein, the management, repair, alteration and improvement of the Common Area shall be the responsibility of the Board. The Board may delegate all or any portions of this authority to discharge such responsibility to a manager or managing agent. (c) Use of General Common Elements. Subject to rules and regulations promulgated by the Board, all Owners may use the Common Area in· such manner as will not restrict, interfere with, or impede the use there of by the other owners except that each owner is hereby granted an exclusive and irrevocable license to use and enjoy the appurtenances to his/her Unit. ARTICLE III - MEMBERSHIP AND VOTING RIGHTS Section 1. Jensen Condominium Addition Homeowners Association. Each Owner shall automatically become, by virtue of ownership of a Condominium Unit in the Jensen Condominium Addition, a member of the Jensen Condominium Addition Homeowners Association, Inc., a Wyoming non- profit corporation, and shall have all of the rights and obligations of a member as provided in the Articles and Bylaws thereof, and as provided in these covenants. Each Condominium Unit Owner is subject to assessment and will be required to pay the assessments charged by the Association. Section 2. Voting. The voting membership of the Association shall be all owners, who shall have one vote per unit with the exception of Declarant who shall have four votes per unit. When more than one person holds an interestin any lot, all such persons shall be members. The vote for such lot shall be exercise as they determine, but in no event shall more than one vote be cast with respect . to any lot. ARTICLE IV - COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments. Declarant hereby covenants, and each owner of any unit by acceptance of a deed therefore, wh~ther or not it shall be so expressed in such deed, is deemed to 5 ('I;O"~ ')1\4 -.;.. vû'V'" covenant and agree to pay to the Association: (1) anImal assessments or charges, and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs, and reasonable attorney's fees, shall be a charge on the Unit and shall be a COntinUi~g lien upon the Unit against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents of the Jensen Condominium Addition and for the improvement and maintenance of the Common Area and Limited Common Area. Section 3. Annual Assessments. The Board of Directors shall fix the annual assessment at each annual homeowner's meeting and will be used to pay the following: (a) Property and General Liability Insurance coverage as selected by the Association. Amounts of insurance coverage in place at all times will be sufficient to replace the "as built" buildings within the association. Owners are encouraged to seek advice on additional coverage to protect any improvements made to the interior of the property, as well as the contents of the property not covered in the Homeowners Association Policy. (b) Common Area Maintenance including painting· of property exteriors· and roof repairs, maintenance of landscaping and sprinkler· systems, maintenance of property driveways, snow removal from driveways, maintenance of signs, fences and streetlights, maintenance of the utility lines with the walls and common area, accounting, legal and Association office expenses and any other items selected for maintenance by the Homeowners Association An annual accounting and budget will be prepared by the authorized members of the association and delivered to all owners in advance of the annual meeting. Section 4. Special Assessments for Capital Improvements. Inaddition to the annuál assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area or Limited Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of three fourths (3/4) of the votes of members who are voting in person or by proxy at a meeting duly called for this purpose. 6 eOû305 Section 5. Notice and Quorum for Any Action Authorized Under Section 3 and 4. Written notice of any meeting called for the purpose of taking any action authorized under Section 3 ànd 4 shall be sent to all members not less than 30 days nor more than 60 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 shall constitute a quorum. If the required quorum· is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one- half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting. Section 6. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Units and may be collected on a monthly basis. Section 7. Date of Commencement of Annual Assessments: Due Dates. The annual assessments provided for herein shall commence a~ to all Units on the first day of the month following the conveyance of the first Unit by the Declarant. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each lot at least thirty (30) days in advance· of each annual assessment period. Written notice of the annual assessment shall be sent to every owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified unit have been paid. A properly executed certificate of the Association as to the status of assessments on a Unit is binding upon the Association as of the date of its issuance. Section 8. Effect of Nonpayment of Assessments: Remedies of the Association. Any assessment not paid within thirty (30) days after the due date, shall bear interest from the due date at the rate of twelve percent (12%) per annum. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property. No Owner may waive or otherwise escape liabílíty for the assessments provided for herein by non-use of the Common Area or abandonment of his/her Unit. Section 9. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the Hen of any purchase money loan evidenced by a first mortgage of record, including deed of trust, and to any executory land. sales contract wherein the Administrator of Veterans Affairs (Veterans Administration) is seller, whether such contract is owned by the Veterans Administration or its assigns, and whether such contract is recorded or not. The lien of such assessments shall be superior to any homestead exemption as is now or may hereafter be provided by Wyoming law. The acceptance of a deed!to land subject to this Declaration shall constitute a waiver of the homestead exemption as against such assessment lien. Sale or transfer of any unit pursuant to mortgage foreclosure or any proceeding in lieu thereof, 7 ûOv30G including deed in lieu of foreclosure or cancellation or forfeiture of an executory land sales contract shall extinguish the lien of such charges as to payments which became due prior to such sale, transfer or cancellation or forfeiture of executory land sales contract. No sale or transfer, or cancellation or forfeiture of executory land sales contract shall relieve such lot from liability for any such charges thereafter becoming due or from the lien thereof. ARTICLE V - ARCHITECTURAL CONTROL No building, fence, wall, or other structure shall be commenced, erected or maintained upon any Limited Common Area, nor shall any exterior addition to or change (including color scheme) or alteration therein be made to any Limited Common Area, including any internal changes, until the plans and specifications showing the nature, kind, shape, height, materials, color and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, or by an architectural committee composed of two (2) or more representatives appointed by the Board. Such approval shall be in the sole disCretion of the Board or the Architectural Committee. No improvements, alterations, or painting shall be made to the outside of a Unit by an Owner; only the Association may modify or maintain the General Common Elements. . ARTICLE VI - ANIMALS No horses, livestock, or other farm animals shall be ,kept or maintained·on the Property. Any pets or other animals shall be controlled at all times so that they do not cause a nuisance to neighboring property owners, and so that the presence or activity of any such pet or other animal does not harass or endanger wildlife. Cats or other house pets which are normally kept and maintained indoors shall be permitted. Not more than 2 dogs may be kept at any time within one unit including dogs of visiting guests, and shall be kept in such a manner so as not to chase or otherwise harass wildlife or people. ARTICLE VII - PROHIBITED STRUCTURES No commercial, industrial or other non-single family residential use whatsoever shall be permitted; however, up to a maximum of 25% or 500 square feet whichever is smaller, of the usable floor of a dwelling may be used for certain home occupations such as studio, workshop, for artistic pursuits, recreational and such other endeavors not requiring access to the premises by the general public nor requiring the employment of labor other than the Owner. Rentals of less than thirty (30) continuous days are prohibited. Additionally, time shares and fractional ownership interests are prohibited. No house trailer, mobile home, tent, teepee, truck camper, recreational vehicle or boat shall be placed or maintained on the Property Large propane 8 00030·'( tanks, either above ground or underground, for heating and interior appliances are not allowed. ARTICLE VIII - SIGNS No signs of any character shall be placed or maintained on any UIÙt within the Area except a sign identifying the owner or occupant of a UIÙt which sign identifying the owner "or occupant of aUIÙt shall not exceed one (1) square foot; and, a sign advertising the premises for sale Qr rent or open for inspection, which sign shall not exceed three (3) square feet. ARTICLE IX - OUTSIDE ACTIVITIES There shall be no exterior fires whatsoever, except barbe(me fires contained within receptacles designed for such fires and such additional fires as may from time to time be permitted by the Association rules and regulations. There shall be no outside recreational or playground equipment permitted, except upon written approval of the Board, which written approval may contain limitations or restrictions. There shall be absolutely no outside storage pennitted and no outside cutting of firewood on the Property. No vehicle or accessory shall be parked or stored in excess of three (3) days nor shall any outside mechanical and/ or maintenance work be performed without the express written consent of the Board. The Board may enact Rules and :Regulations regulating and restricting outside activities. ARTICLE X - PARKING Not more than two motor vehicles per unit may be parked in the driveway. Owners are encouraged to park inside their garage. Exceptions are when an owner or lessee is having an entertainment function or has short-term (not more than one (1) week) guests residing at their UIÙt. The Board may enact Rules And Regulations prohibiting the use of garages as storage areas and/ or requiring that an Owner's vehicle be parked inside of the garage. ARTICLE XI - SATELLITE DISHES Only one satellite dish per UIÙt will be allowed. Additional dishes shall require the written consent of the Board. ARTICLE XII -MAINTENANCE Section i.Common Area. The Association shall maintain the Common Area (General Common Elements) and Limited Common Area (Limited Common Elements). The Association shall be responsible for the maintenance, repair and replacement of those portions of each UIÙt, which contribute to the support of the building, excluding, however, interior walls, ceiling, and floor 9 ·~'o-·· 308 . L U, surfaces. In addition, the Association shall maintain, repair and replace all conduits, duds, plumbing, wiring, and other facilities for the furnishing of utility services which may be located within the Unit boundaries, exclusive of any p~rtion of the foregoing which may be located at or beyond the walls outlets, or which may be the responsibility of an individual Owner. . Section 2. Units. The responsibility of ~ach Owner shall be as follows: (a) to maintain, repair, and replace at his expenses all portions of the Unit, and all internal installations of such Unit such as appliances, heating, plumbing, electrical, and a:ir conditioning fixtures or installations, and any portion of any other Utility service facilities located within the Unit boundaries. (b) to .maintain, ·repair and replace· at the Owner's expense such portions of the intern ill (but not external) appurtenances to the Unit and of any exclusive use areas licensed, granted or otherwise assigned to such Owner. Each Owner shall be responsible for the repair, maIntenance and appearance of the interior of the patio, balcony, windows, doors, vestibules and entry-ways, and of all associated structures and fixtures therein, which are Appurtenances to the Unit. The foregoing includes, without limitation, responsibility for all breakage, damage, malfunctions and ordinary wear and tear of such Appurtenances; (c) to perform· his/her responsibilities in such a manner as not to unreasonably disturb other persons occupying the Property; (d) not to paint or otherwise decorate or change the appearances of any portion of the building not within the walls of the Unit, unless the written consent of the Board is obtained; (e) to promptly report to the Board or its agent ·any defect or need for repairs, the responsibility for the remedying of which is with the Board; and (f) not to make any alternations in the portions of the Unit or the . building which are to be maintained by the Board or remove any portion thereof or make any additions thereto or do anything which would or might jeopardize . or impair the safety or soundness of the building withöut first obtaining ,the written consent of the directors of the Board, nor shall any Owner impair any easement without first obtaining the written consents of the Board and of the Owner or Owners for whose benefit such easements exist. Section 3. Additional Liability. In the event that the need for common area or limited common . area maintenance or repair, or the improvements thereon, is caused through the willful or. negligent acts of an Owner, his / her family, guests, invitees, or tenants, the cost of such exterior maintenance shall be added to and become part of the assessment to which such Owner's unit is subject. . . Section 4. Water .and Sewer Lines. The Jensen Condominium Addition shall have one water line and one sewer line from the Town of Alpine for the 10 GOv.309 four condominium units. The Association shall directly pay the water and sewer bill for the utilities provided by the Town. The Association shall assess each owner for their respective water and sewer use and may install water meters if the Association determines that usage is not equitable. Should an owner not timely pay their Association assessment, the Association in addition to its other enforcement rights, may following sixty (60) days written notice, disconnect water service to the delinquent owner. A reconnect fee may be assessed by the Association. ARTICLE XIII - GENERAL PROVISIONS Section 1. Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Associatiòn or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Indemnification. The Declarant, Board of Directors, officers or members of any committee shall not be liable to any party for any action or inaction with respect to any provision of these covenants, the Articles or Bylaws of the Homeowners Association, provided such individuals acted in go~d faith. All such individuals shall be indemnified and held harmless by the property owners from liability, damages, and expenses, including reasonable attorney's fees, for any decision or action they may make while acting within the scope and course of their duties. Section 3. 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. Section 4. Duration and Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. The Declarant, in their sole discretion, shall have the right to amend this Declaration for the purpose of subjecting additional properties to this Declaration. This Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than sixty-six percent (66%) of the lot owners, and thereafter by an instrument signed by not less than fifty-one percent (51%) of the lot owners. Section 6. Easements. Easements in, on, over, across and above the Common Area including Limited Common Area are hereby reserved by the Declarant for utility and construction purposes, and such other uses and p-µrposes as the Declarant may deem necessary or appropriate for the service of and to the Property. The Declarant reserves the exclusive right to create and assign any and all of said easements and rights. 11 ARTICLE XVI- RULES AND REGULATIONS . (\OD]1° The Board of Directors may enact reasonable rules and regulations governing such activities as noise control, television antennas and satellite dishes, pets, renters, barbecues, garbage, clotheslines, outside storage of recreational items, parking, use of garages,signage, commercial uses, use of the Common Area, and other activities as determined by them. In order to enforce the covenants as well as adopted rules and regulations, without having to resort to the court process, the Board of Directors may enact a fine schedule to be imposed for violations of the Covenants or Rules and Regulations substantially in the following: . a) Every unit owner shall be entitled to one written warning for any offense of the Covenants or the Rules and Regulations. Following the issuance of a written warning, the Board may levy a fine against the unit owner of Twenty- Five Dollars ($25.00). For a subsequent offense, the Board may levy a fine of Fifty Dollars ($50.00). For a third and any subsequent offense, the Board may levy a fine of One Hundred Dollars ($100.00). The fine amounts may be increased by a resolution of the Board. Each day an owner is in violation of the Covenants or adopted Rules and Regulations shall constitute a s.eparate offense for which a fine may be imposed. b) Any time the Board issues a written warning or levies a fine for violation of the Covenants or of the Rules and Regulations, the Board shall send written notice to the unit owner of the warning or fine, together with a description of the alleged offense. The unit owner may then request that they be heard at the next regularly scheduled Board meeting following the alleged offen~e. If the owner does not request a hearing, the fine shall automatically be levied unless the Board decides otherwise. The Board shall give an offending owner the opportunity to present their case, at which time the Board shall render a decision by majority of the Board of Directors whether to levy the fine. Any fine assessed shall bear interest from the due date at the rate of twelve percent per annum, and the Association may bring an action at law against the owner personally obligated to pay the same, or file a lien in accordance with the Covenants, and, if necessary, foreclose the lien against their property. Any fine assessed hereunder shall have the same force and effect as an assessment levied pursuant to the Covenants. IN WITNESS WHEREOF, the undersigned, bein~ef~~ereìn, has duly executed this Declaration this ~:~ I L? day of (~ .. 008. MAJ, LLC, a Wyoming limited liability company: 12 (iOiY311 STATE OF WYOMING ) ) ss. COUNTY OF TETON ) . c- ~,,!oregoing instrument was acknowledged before me this?day of ~/7:=r(\ðeR- , 2008 by Margene Jensen as Manager of MAJ, LLC, who does verify that the forgoing instrument is signed in the name of, on behalf of, and by authority of said limited liability company. Witness my hand and official seQ~ otary Public Pat Miehael "" Notary Publlo COUNTY OF 1&\ STATE OF TETON ~ ~ÆŸ~MING My Commission EXPlres~ r"·"?,·,,, 13