HomeMy WebLinkAbout950098DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS FOR 0001$3
TARGHEE LANDING SUBDIVISION
This is a Declaration of Covenants, Conditions and Restrictions regulating and
controlling the use and development of real property, made effective on the filing
hereof, by WYO/MCS, LLC, a Delaware limited liability company, hereinafter
referred to as "Declarant".
Purpose. Declarant is the owner of certain real property platted as the
Targhee Landing, Phase I, a subdivision, with the plat having been filed in the Office
of the County Clerk
of Lincoln County,
Wyoming
on June 3,
2009 as
Receiving
Number 947535 and
which is sometimes
referred
to hereafter
as "the
Property.
Declarant reserves the right to annex additional properties per Phases II and III which
shall be subject to these Covenants per Addendum filings with the Lincoln County
Clerk.
Section 1. Definitions. Unless the context shall expressly provide otherwise.
A. "Association" or "HOA" means the non-profit corporation known as
Targhee Landing Homeowner's Association filed with the Secretary of State whose
purpose is the management and operation of the owner's association and enforcement
of the Covenants. "Board" or "Board Of Directors" means the board of directors for
the Association.
B. "Building" means a single building containing one or two units as
shown on the Targhee Landing Plat.
C. "Common Expenses" means and includes expenses for maintenance,
repair, operation, management, and administration; expenses declared common
RECEIVED 10/20/2009 at 10:10 AM
RECEIVING # 950098
BOOK: 734 PAGE: 183
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
00,31 34
expenses by the provision of this Declaration; and, all sums lawfully assessed against
the General Common Elements and Limited Common Elements by the Association.
D. "Townhouse"', "Townhouse Unit", and "Unit" means the improvements
and land directly beneath the unit individually designated and owned as shown on
the Targhee Landing Phase I Plat.
E. "General Common Element" means the land designated as General
Common Element on the Targhee Landing Plat. These areas include sidewalks, the
park, and the open space areas. The General Common Element shall be owned by the
HOA.
F. "Limited Common Element" means those parts of the General Common
Element which are limited to and reserved for the exclusive use of an owner of a
townhouse unit as set forth on the Targhee Landing Plat. The yards for each unit and
any balconies, patios, and decks for each unit are designated as Limited Common
Element on the Plat, which are subject to easements for sidewalks and utilities as
shown on the Plat. While the Limited Common Elements shall be owned by the
HOA, each unit owner shall be responsible for the real property taxes on his/her
appurtenant Limited Common Element.
G. "Lot" means the Townhouse Unit and appurtenant Limited Common
Element.
H. "Manager" means the person or firm designated by the Board Of
Directors to manage the affairs of the Targhee Landing Homeowner's Association.
1. "Owner" means a person, persons, firm, corporation, partnership,
association, or other legal entity, or any combination thereof, owning an interest in
one (1) or more lots. Each Owner by virtue of ownership of a lot, is a Member in the
Targhee Homeowner's Association.
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J. "Record" means to file a document in the Office of the County Clerk of
Lincoln County, Wyoming.
K. "Member" means an Owner of one or more townhouse units who is a
Member of the Targhee Landing Homeowner's Association by virtue of such
ownership. References in this Declaration to any "Owner" shall be deemed to also be
a reference to a "Member" of the Targhee Landing Homeowner's Association.
Section 2. Plat The Targhee Landing Phase I Plat shall be filed for record
which shall designate the individual units, the General Common Element, and
Limited Common Element. In interpreting the Plat the existing physical boundaries
of each separate unit as constructed shall be conclusively presumed to be its
boundaries, subject to easements for water, sewer, electrical, and utility lines. The
Declarant may file future plats (phases) which shall be accomplished by filing for
record a Supplemental Declaration describing the real property to be annexed and
extending the effect of this Declaration to such real property.
Section 3. Division of Property into Townhouse Units. The real property
described in the Targhee Landing Plats and the improvements thereon are hereby
divided into separate fee simple estate townhouse units. The Limited Common
Element and General Common Element shall be owned by the Targhee Landing
Homeowner's Association.
Section 4. Declaration. Declarant hereby declares that the property
described above, and any part hereof, shall be owned, sold, conveyed, encumbered,
leased, used, occupied and developed subject to the following covenants, conditions,
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C1 018 and restrictions, which are sometimes referred to hereafter as "the Covenants". The
Covenants shall run with the property and any unit and lot thereof, and shall be
binding upon all parties having or acquiring any legal or equitable interest in or title
to property, and shall inure to the benefit of all the owners of the property or any part
thereof.
Section 5. Homeowner's Association:
A. A non-profit Homeowners Association. shall be created by the Declarant
and every person or entity who is a record owner of a fee interest in any lot, which is
subject by these Covenants of record to assessment by the Association shall be a
member of the Association, provided that any such person or entity who holds such
interest merely as a security for the performance of an obligation shall not be a
member. Membership shall be appurtenant to and may not be separated from
ownership of any unit which is subject to assessment. The rights, duties, assessments
and other obligation of the Association shall be governed by these Covenants and by
the Articles of Incorporation, together with its general exercise of such powers as are
expressly set forth in the Articles, Bylaws and these Covenants, and to do any and all
lawful things which may be authorized, required or permitted to be done by the
Association. The Association shall accept ownership of any common services that
may be deeded or dedicated by the Declarant to the Association.
B. Voting Rights.. The Association shall have two classes of voting
membership:
Class A. Class A membership shall be all owners with the exception
of the Declarant and shall be entitled to one vote for each lot owned. When more
than one person holds an interest in any lot, all such persons shall be members.
The vote for such lot shall be exercised as they among themselves determine, but
in no event shall more than one vote be cast with respect to any lot.
Class B. The Class B members shall be the Declarant or a successor
named by it and shall be entitled to three (3) votes for each lot owned. The Class
B membership shall cease and be converted to Class A membership on the
happening of either of the following events, whichever occurs earlier:
(1) When the total votes outstanding in the Class A membership
equal the total votes outstanding in the Class B membership or
(2) On January 1, 2016.
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Section 6. Assessments. In order to properly operate, manage and maintain
the property for the benefit of all the owners, the Association, by and through the
Board, shall have the authority to levy assessments and each unit owner, by acceptance
of a deed to the Property, shall be deemed to have granted a mortgage to the
Association to secure payment of the assessments in accordance with the following
terms and conditions:
A. Creation of the Lien and Personal Obligation for Assessments. Each
owner of any unit by acceptance of a deed therefore, whether or not it shall be so
expressed in such deed, is deemed to have consented to be subject to these Covenants
and agrees to pay the Association:
(1) Annual assessments or charges;
(2) Special assessments for capital improvements; and
(3) Special assessments in the form of fines for failure to comply with
the Rules and Regulations.
The annual and special assessments, together with interest, costs and reasonable
attorney's fees, shall constitute a lien against the unit and shall be a continuing 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 entity or person who was the owner of such unit at the time when the
assessment became due. The Association may enforce collection of the lien by any legal
means including foreclosure by advertisement and sale as provided in the Wyoming
mortgage foreclosure statutes.
B. Purpose of Assessments. The assessments levied by the Board shall be
used exclusively to promote the recreation, health, safety and welfare of the owners of
the Property, to include road maintenance, utility line maintenance, ditch maintenance,
landscaping maintenance, water and sewage facility maintenance, noxious weed
control, and other common element type expenses of the Association. Additionally, the
Board shall assess for the maintenance and improvement of the Jordan Canyon Road as
set forth on the Plat.
C. Interest Late Charges, Lien. Any assessment or fine paid within
thirty (30) days after the due date therefore shall bear interest from the due date at the
rate of fifteen (15%) percent per annum and the Board may assess a five (5%) percent
late charge as well. The Board may bring an action on behalf of the Association against
the owner and any other person obligated to the same or may foreclose the lien against
the unit by advertisement and sale. The priority of the lien shall be as of the recording
date of the lien.
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Section 7. Occupancy Use Restrictions:
A. Short Term Rentals: Rentals of less than thirty (30) continuous days are
prohibited. Additionally, time shares and fractional ownership interests are prohibited.
B. Unit Capacity:
(1) Two (2) bedroom units: No more than three (3) individuals
may reside within a one or two bedroom unit unless all of them are of lineal descent
(i.e. grandparents, mother, father, children including the spouses therein).
(2) Three (3) bedroom units: No more than five ( 5) individuals
may reside within a three bedroom unit unless all of them are of lineal descent. (i.e.
grandparents, mother, father, children including the spouses therein). However, if the
unit is rented, then no more than three individuals may reside within a three bedroom
unit. Additionally, the limitations as to the parking accommodations in the garages and
driveways shall apply.
C. Entity Ownership: A unit may be owned in any legally recognized entity
(corporation, limited partnership, limited liability company, etc.). Notwith-standing,
the limitations on Short Term Rentals and Unit Capacity as set forth above shall apply.
D. Occupancy Rules & Regulations. The Board of Directors is empowered to
enact reasonable Rules And Regulations consistent with these Covenants in order, to
mitigate the impact caused by the number of people occupying a unit.
Section 8: Prohibition On Use Or Occupancy Other Than Unit. No property
owner shall have the right to occupy, use or possess any miscellaneous area, common
element, or future developable property by reason of owning a unit.
Section 9. Exterior Decoration Prohibited. Except for seasonal holiday
decorations, no exterior of any unit shall be decorated by an owner in any manner
without prior written consent from the Board of Directors.
Section 10. Exterior Maintenance. The Association shall maintain all
exterior surfaces of the townhouses, except for glass replacement. Owners shall be
entitled to change the exterior color or stain provided at their own expense provided
specifications showing the same shall have been submitted and approved in writing as
to have harmony in relation to surrounding structures and topography by a majority of
the Board of Directors of the Homeowner's Association or an architectural committee
that has been appointed by the Board Of Directors. In no event shall stain be changed
without approval of the Board and conformity with the contiguous units, colors or
stains.
Section 11. Window Coverings. No shades, awnings, window guards,
ventilators, fans or air conditioning device shall be used in or about the exterior of the
buildings, except such as such shall have been approved in writing by the Board of
Directors.
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Section 12. Antennas. No radio or television aerial or antenna shall be
attached to or hung from the exterior of the units without the written approval of the
Board of Directors or the architectural committee.
Section 13. Plantings, And Landscaping The planting of additional
landscaping materials, including gardens, is encouraged, but no planting or
modification of landscaped areas, including gardens, shall be made without prior
written approval of the Board. Any modifications shall be incorporated into the
underground irrigation system provided by Declarant unless otherwise approved by
the Board Of Directors or architectural committee. Gardens must be maintained from
season to season or restored to their original condition.
Section 14. Building Plan Approval Requirement. No, fences, decks, or other
structures shall be commenced, erected or maintained upon the properties, nor shall
any exterior addition to or change or alteration therein be made until the plans and
specifications showing the nature, kind, shape, height, materials, 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 exterior and physical
boundaries and topography by the Board of Directors of the Association, or by any
architectural committee composed of three (3) or more representatives appointed by the
Board, some or all of which may be Board members. In the event said Board, or its
designated committee, fails to approve or disapprove such design and location within
thirty (30) days after said plans and specifications have been submitted to it, approval
will not be required and the owner will be deemed to have been fully complied with
this Article. Decks on the two and three bedroom units shall not exceed 224 square feet.
Decks on the hillside units shall not exceed 371 square feet.
Section 15. Temporary Structures. No trailer home, mobile home, camper,
garage, outbuilding, or any other structure of a temporary or mobile nature, shall be
used within the Property as a place of residence or habitation, either temporarily or
permanently, and except as the same may be customarily employed by contractors for
and during the construction of improvements thereon. No house, trailer, camper
trailer, tent, shack, or any other structure of a temporary or insubstantial nature shall be
erected, placed or be permitted to remain on any lot within the Property. The term
"trailer home" or "mobile home" as used herein shall mean any building or structure
with wheels and/or axels and any vehicle, used at any time, or constructed so as to
permit its being used for the transport thereof upon the public streets of highways and
constructed in a manner as to permit occupancy thereof as a dwelling or sleeping place
for one or more persons, and shall also mean any such building, structure or vehicle,
whether or not wheels and/or axels have been removed, after such building, structure
or vehicle has been placed either temporarily or permanently upon a foundation. In no
event may owners raze their existing unit and leave a lot without an approved
structure.
Section 16. Entrances. Lawns and walkways in front of the units and the
entrance ways to the units shall not be obstructed or used for any purpose other than
ingress and egress from the unit. No activity detrimental to the landscaping shall be
allowed.
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Section 17. Storage Of Property Not In Use. No bicycles, scooters, baby
carriages, tires, lawnmowers, snow plows or similar vehicles or toys or other personal
articles shall be allowed to stand in any of the common elements, and shall not be in
public view on the owner's property when not in use.
Section 18. Parking. Each unit owner, including the owner's tenants and
guests of the unit owner or tenant shall park one car in each available garage space and
one (1) car in the driveway. Unit owners shall not park their vehicles on the street or
encroach by parking on the property of any other unit owner or any other unimproved
lots. The Board may enact additional Rules And Regulations governing parking
restrictions and requirements which may include the requirement that garages not be
used for storage, requiring a vehicle to be parked therein, rather than in the driveway,
and prohibiting parking of recreational vehicles and campers in the driveways and
yards.
Section 19. Parking Regulations Guests must park in designated areas in
the street. Parking is not permitted in landscaped areas, yards, or sidewalks. Vehicles
parked in driveways can not block the sidewalk. There will be no overnight parking in
the streets during winter season when there is snow removal. The owners, their
employees, agents, visitors, licensees, and the owner's family will obey the parking
regulation, parking areas, and drives and any other traffic regulations adopted per
Rules And Regulations for the safety, comfort and convenience of the owners.
Section 20. Recreational Vehicles.
A. All recreational vehicles, including but not limited to boats,
snowmobiles, campers, trailers shall be parked in the designated recreational storage
area. At the time of purchase of a unit, the owner can apply for a designated space
within the storage area and the Board of Directors of the Association may impose a
reasonable annual fee for the use of said space.
B. There will be no inhabiting or sleeping in any of the recreational
vehicles, campers, or boats stored in the recreational storage area.
C. No stripped down or junked motor or boat vehicle shall be parked
or stored on an owner's lot, in the common elements, nor in the recreational vehicle
storage area at any time.
Section 21. Landscape Maintenance. The General Common Element
designated on the plat including the park, open space areas, and recreational vehicle
storage area shall be maintained at the sole expense of the Association. Such landscape
maintenance shall include but not be limited to the grass, trees, shrubs, irrigation, and
plantings thereon. The HOA or any unit owner shall have standing to enforce this
paragraph. The HOA's landscape maintenance shall include repair, replacement, and
maintenance of any underground sprinkler systems installed in the common elements
as well as failed plant material therein. The owner maintenance obligations includes
lawn irrigation, weed control, and maintenance and repair of their respective
underground irrigation system. Unless the Board adopts Rules & Regulations
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otherwise, the HOA shall be liable for lawn maintenance including mowing the grass.
If an owner fails to fulfill such maintenance obligations, the homeowner's association
may have the maintenance performed at the expense of the owner which expense shall
constitute an assessment against his/her property Should an owner damage landscape
material on the general common element, the owner shall be responsible for the cost of
repair and replacement which expense shall constitute an assessment against said
owner.
The landscaping requirements hereunder shall include the recreational vehicle
storage area and such landscaping shall be a continuing obligation of the HOA to
replace plantings, bushes, shrubs, and trees within said area as needed for the purpose
of adequate screening of the recreational vehicle storage area from neighboring
properties. This section of the Covenants may not be amended or revoked without the
consent of the Town of Alpine and the Lincoln County Commissioners, in addition to
the requirements of these Covenants.
Section 22. Signs. No signs of any character shall be placed or
maintained on any lot except a sign located on an individual unit identifying the owner
or occupant of a -unit, which sign shall not exceed one (1) square foot; a sign advertising
the premises for sale, which sign shall not exceed three (3) square feet; and, any sign
during the construction period or deemed necessary by the Declarant. No signs, notice
or advertisement shall be inscribed or exposed on or at any window or other part of the
units, except such as such shall have been approved in writing by the Board of Directors
or their delegates, nor shall anything be projected out of any window of the units
without a similar approval.
Section 23. Exterior Lighting. All exterior light fixtures must be so
arranged so as to reflect the light away from neighboring lots and units and away from
the vision of passing motorists. Fixtures that are elevated may require the installation
of louvers to further insure light is arranged to not effect the neighborhood. No light
fixture shall be enabled with motion detectors. Each home shall have no more than five
exterior light fixtures unless approved in writing by the Board.
Section 24. Garbage And Trash. All garbage and trash shall be bagged
and placed in a designated area of the garage in covered containers. The collection and
disposal of garbage and trash shall be in strict compliance with such Rules and
Regulations as may be adopted by the Association. The maintenance of accumulated
waste plant materials is prohibited. The cost of garbage and trash collection shall be
paid by each owner, in accordance with the billing of the collector, unless the collector
requires the Association to be the entity responsible for making the payments, in the
event the necessary amounts will be added to each month's assessment for each unit.
No trash shall be deposited or burned in any exterior area.
Section 25. Excessive Noise. No owner shall make or permit any noise that
will disturb or annoy the occupants of any of the units in the community or do, or
permit anything to be done which will interfere with the rights, comfort, or convenience
of other owners.
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Section 26. Nuisance. No noxious or offensive activity shall be permitted on
any lot. No unreasonably loud or annoying noises or noxious or offensive odors shall
be emitted beyond the lot line of any lot.
Section 27. Horses And Livestock. There will be no horses, livestock or
fowl on the property. No owner shall keep or maintain more than two (2) household
pets, such as dogs or cats. Dogs shall be leashed, restrained or kept under the physical
control of the owner, and subject to such limitations as may from time to time be set
forth in the Rules and Regulations of the Association, which may reduce the allowable
number, restrict the type of pet or require that such pets be confined indoors. Renters
will not be permitted dogs or cats or outdoor animals.
Section 28. Nuisance Doys If a dog or other animal becomes obnoxious to
other owners by barking or otherwise, the owner thereof must cause the problem to be
corrected immediately. If the disturbance continues, the owner, upon the written
request of the Board, will be required to remove the animal from the project
permanently. Fines will be assessed to those in violation per Rules And Regulations.
Section 29. Dog Cleanup. Owners will be responsible for cleaning up
after their dogs, on sidewalks, lawns, and all common elements. Owners with dogs
may be charged a special assessment per month for clean up, if they fail to comply with
the same.
Section 30. Future Annexation. The owner of each townhouse unit
agrees to submit to and not object to the potential annexation and conveyance of the
waste water collection system to the Town of Alpine
Section 31. Rules And Regulations.
A. The Board of Directors of the Association may enact reasonable rules and
regulations, governing the use of the units, the General Common Element, and the
Limited Common Element, which rules and regulations shall be consistent with the
rights and duties established in the Covenants. The Rules And Regulations which the
Association may enact shall include but not limited to the enactment of a fine schedule
for violation of the Covenants. Such a fine schedule shall provide for a hearing before
the Board regarding an alleged violation of the Covenants. A fine levied by the Board
following notice and a hearing shall constitute an assessment under the Covenants. The
Association may take judicial action against any owner to enforce compliance with such
Rules and Regulations or other obligations of owners arising under the Covenants, or to
obtain damages for noncompliance therewith, as permitted by law. In the event of such
judicial action, the Association shall be entitled to recover its costs, including reasonable
attorney's fees, from the offending owner.
B. The Association, or any owner shall have the right to enforce, by any
proceeding at law or in equity, all restrictions, conditions, covenants, reservations, lien
and charges now or hereafter imposed by the provisions of this Declaration, the By-
laws, or the Rules and Regulations. Failure by the Association 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. If it should be necessary to bring any legal action
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in connection with the right of enforcement, remedies or violation of the provisions of
this Declaration, the Bylaws or any Rules and Regulation, the prevailing party shall be
entitled to recover its costs and expenses in connection therewith including reasonable
attorney's fees.
C. Every unit owner shall be entitled to two written warnings for any offense
of the Covenants or the Rules and Regulations. Following the issuance of two written
warnings, the Board may levy a fine against the unit owner per enacted Rules And
Regulations, which may incrementally increase in the fine amount for subsequent
violations. Each day an owner is in violation of the Covenants or Rules and Regulations
shall constitute a separate offense for which a fine may be imposed.
D. Any time the board issues a written warning or levies a fine for a violation
of the Covenants or of the Rules and Regulation, to the extent practicable the Board
shall corroborate the alleged offense by taking a photograph of the offense if possible.
The back of the picture shall be signed and dated together with the time the picture was
taken. An offense may be witnessed by, and a picture taken by, any member of the
Board of Directors, its officers, or any unit owner. Notwithstanding, photographic
proof shall not be a requirement in proving a violation of the Covenants or Rules &
Regulations, but rather is merely a suggested corroboration of the violation.
E. Upon the levying of any fine, the Board shall send written notice to the
unit owner of the fine, together with a description of the alleged offense. The unit
owner may then request that they be heard at any regularly scheduled Board meeting
held within thirty (30) days of the alleged offense. 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 or fines.
Section 32. Violations-Enforcement-Costs. The limitations and requirements
for land and development set forth in these Covenants including rules and regulations
shall be enforceable by the Board of Directors of the Association, members or any owner
of a unit within the property. Every owner of a unit within the property hereby
consents to the entry of an injunction, judgment or lien against him or her or his or her
tenants or guests, to terminate and restrain any violation of these Covenants or Rules
And Regulations, or for the nonpayment of assessments due. Any lien imposed for
nonpayment of assessments may carry interest at the highest rate allowed by law for
consumer loans, plus all costs and attorney's fees and the Association may enforce
collection of the lien by any legal means including foreclosure by advertisement and
sale as provided in the Wyoming mortgage foreclosure statutes. Any unit owner who
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uses or allows his or her unit/lot to be used or developed in violation of these
Covenants or Rules And Regulations further agrees to pay all costs incurred by the
Board of Directors of the Association or other unit owner in enforcing these Covenants,
including reasonable attorney's fees whether or not suit is actually filed.
Section 33. Indemnification. The costs to the Association shall include all
costs to indemnify and save harmless Declarant, the officers and Board of Directors of
the Association and agents thereof, their successors and assigns, from and against any
and all claims, suits, action, damages and/ or causes of action arising from any
personal injury, loss of life and/or damage to property sustained on or about the
property, if any, or any appurtenances thereto or arising out of the enforcement of the
Building Standards, from and against all costs, counsel fees, expenses and liabilities
incurred in and about any such claim, the investigation thereof or the defense at any
levels of any action or proceedings brought thereon, and from and against any orders,
judgments and/or decrees which may be entered therein. Included in the foregoing
provisions for indemnification are any expenses that Declarant, officers and Board of
Directors of the Association and agents thereof, their successors and assigns, may be
compelled to incur in bringing suit for the purpose of enforcing rights hereunder, or
for the purpose of compelling the specific enforcement of the provisions, conditions,
covenants and restrictions contained in these Covenants.
Further, the costs to the Association of indemnifying the Declarant, officers and
Board of Directors of the Association shall include all costs and expenses whatsoever
incurred in the pursuance of their duties, obligations and functions hereunder and in
any legal defense of such actions (including, without limitation, counsel fees and costs
at all levels of any trial or proceeding, costs of investigation and discovery, and
recovery, etc.).
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Section 34. No Implied Waiver. The failure of the Board of Directors of the
Association or an Owner to object to another owner's failure to comply with these
Covenants shall in no event be deemed a waiver by the Board or of any other Owner
to object to same and to seek compliance therewith in accordance with the provisions
of these Covenants.
Section 35. Amendments and Modifications. These Covenants may be
amended, modified or altered at any time by the written consent of the owners of 80%
or more of the units in the development. The written consents need not be notarized
and the Association President may sign. the amendment before a notary public stating
that the written consents are on file in the Association records. All such changes shall
become effective on the date of recording in the County Clerk's Office of Lincoln
County, Wyoming.
Section 36. Duration of Covenants. All of the covenants, conditions and
restrictions set forth herein shall continue and remain in full force and effect for an
initial period of ten (10) years after the date of recording of this Declaration of
Covenants in the County Clerk's office for Lincoln County, Wyoming subject to the
right of amendment or modification provided above. After the initial 10 year period,
this Declaration of Covenants is subject to automatic extension for successive periods
of ten (10) years unless revoked by the owners of 60% or more of the unit within the
property. This Declaration of Covenants may be revoked as provided herein at any
time after the initial 10 year period. Any revocation shall become effective on the date
of recording in the County Clerk's office.
Section 37. Severability. Any decision by a Court of competent jurisdiction
invalidating any part or section of these Covenants shall be limited to the part or
section effected by the decision of the Court, and the remaining part or paragraphs
shall continue in full force and effect.
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IN WITNESS WHEREOF, This Declaration of Covenants, Conditions and
Restrictions is executed this 16'k day of October, 2009.
WYO/MCS, LLC, a Delaware
limited, ility company:
McSorley, 'resident
STATE OF WYOMING )
COUNTY OF TETON )
The foregoing instrument was acknowledged before me this ay of October,
2009 by Mary McSorley as President of WYO/ MCS, LLC
WITNESS my hand and official seal
Pat Michael - Notary Public
COUNTY OF STATE OF
TETON (NYM~IIN
My Commission Expires 40
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Notary Public
My Commission expires: 14