HomeMy WebLinkAbout951332DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
for
DOUBLE L RANCH
ESTATE LOTS
and
HIDEOUTS
Upon recording, please return to:
Christopher Hawks, P.C.
Hawks Associates, LC
P.O. Box 4430
199 East Pearl Ave., Suite 102
Jackson, WY 83001
eoi)1Z55
RECEIVED 12/30/2009 at 3:51 PM
RECEIVING 951332
BOOK: PAGE:
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
TABLE OF CONTENTS
PART ONE: INTRODUCTION TO THE COMMUNITY AND VACATION OF PRIOR
DECLARATION 1
ARTICLE I CREATION OF THE COMMUNITY 1
1.1 PURPOSE AND INTENT 1
1.2 BINDING EFFECT 1
1.3 GOVERNING DOCUMENTS 2
ARTICLE II CONCEPTS AND DEFINITIONS 2
2.1 ARCHITECTURAL REVIEW COMMITTEE 2
2.2 ASSOCIATION 2
2.3 BASE ASSESSMENT 2
2.4 BOARD OF DIRECTORS 2
2.5 COMMON AREA 2
2.6 COMMON EXPENSES 3
2.7 COMMUNITY -WIDE STANDARD 3
2.8 COVENANT TO SHARE COSTS 3
2.9 DECLARATION 3
2.10 DESIGN GUIDELINES 3
2.11 ESTATE LOTS 3
2.12 FISHING EASEMENTS 3
2.13 FISHING ACCESS EASEMENTS 3
2.14 FOUNDER 4
2.15 GOLF COURSE 4
2.16 GOVERNING DOCUMENTS 4
2.17 HIDEAWAY LOTS 4
2.18 MASTER RULES AND REGULATIONS 4
2.19 MEMBER 4
2.20 MORTGAGE 4
2.21 NEIGHBORHOOD 4
2.22 NEIGHBORHOOD ASSESSMENTS 4
2.23 NEIGHBORHOOD COMMITTEE 5
2.24 NEIGHBORHOOD EXPENSES 5
2.25 OCCUPANT 5
2.26 OPEN SPACE 5
2.27 OWNER 5
2.28 PERSON 5
2.29 PLATS 5
2.30 PROPERTIES OR PROPERTY 5
2.31 PUBLIC RECORDS 5
2.32 RESIDENTIAL OWNER 6
2.33 RESIDENTIAL PROPERTIES 6
2.34 ROADS 6
2.35 SPECIAL ASSESSMENT 6
2.36 SPECIFIC ASSESSMENT 6
2.37 SUPPLEMENTAL DECLARATION 6
PART TWO: CREATION AND MAINTENANCE OF COMMUNITY STANDARDS 7
ARTICLE III USE AND CONDUCT 7
3.1 FRAMEWORK FOR REGULATION AND CONFLICTS AMONG GOVERNING DOCUMENTS 7
3.2 RULE MAKING AUTHORITY 7
3.3 OWNERS' ACKNOWLEDGEMENT AND NOTICE TO PURCHASERS 8
3.4 NO MINING, EXCAVATING OR DRILLING 8
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3.5 PROTECTION OF OWNERS AND OTHERS 8
3.6 DOMESTIC ANIMALS 9
3.7 WILDLIFE 11
3.8 FENCING AND GATES 11
3.9 TREES 11
3.10 VEHICLE PARKING, STORAGE, OPERATION AND REPAIR 11
3.11 HUNTING 12
3.12 GARBAGE STORAGE 12
3.13 NUISANCE 12
3.14 PROHIBITION AGAINST WATER WELLS 12
ARTICLE IV ARCHITECTURE AND LANDSCAPING 12
4.1 GENERAL 12
4.2 ARCHITECTURAL REVIEW 13
4.3 GUIDELINES AND PROCEDURES 13
4.4 STANDARD OF CONSTRUCTION 15
4.5 ENFORCEMENT 15
4.6 DEVELOPMENT AND USE RESTRICTIONS 16
4.7 CONSTRUCTION 16
4.8 HEIGHT, SIZE AND FLOOR AREA LIMITATIONS 16
4.9 UTILITIES 16
4.10 TEMPORARY STRUCTURES PROHIBITED 17
4.11 SATELLITE DISHES 17
4.12 BERMS 17
4.13 NOXIOUS WEEDS AND EXOTIC PLANT SPECIES 17
ARTICLE V MAINTENANCE AND REPAIR 17
5.1 MAINTENANCE OF RESIDENTIAL PROPERTIES 17
5.2 MAINTENANCE OF VACANT PROPERTIES 17
PART THREE: COMMUNITY GOVERNANCE AND ADMINISTRATION 18
ARTICLE VI THE ASSOCIATION AND ITS MEMBERS 18
6.1 FUNCTION OF ASSOCIATION 18
6.2 MEMBERSHIP 18
6.3 VOTING 18
6.4 CREATION OF NEIGHBORHOODS 18
6.5 ASSOCIATION BOARD OF DIRECTORS 19
6.6 NEIGHBORHOOD COMMITTEES 19
ARTICLE VII ASSOCIATION POWERS AND RESPONSIBILITIES 19
7.1 ACCEPTANCE AND CONTROL OF ASSOCIATION PROPERTY 19
7.2 MAINTENANCE OF COMMON AREA 20
7.3 INSURANCE 20
7.4 COMPLIANCE AND ENFORCEMENT 24
7.5 IMPLIED RIGHTS; BOARD AUTHORITY; POWERS DELEGABLE 25
7.6 INDEMNIFICATION OF OFFICERS, DIRECTORS AND OTHERS 25
7.7 ENHANCEMENT OF SAFETY 26
7.8 POWERS OF THE ASSOCIATION RELATING TO NEIGHBORHOODS 26
7.9 PROVISION OF SERVICES 26
7.10 CONSOLIDATION OF SERVICES 26
ARTICLE VIII ASSOCIATION FINANCES 27
8.1 BUDGETING AND ALLOCATING COMMON EXPENSES 27
8.2 BUDGETING AND ALLOCATING NEIGHBORHOOD EXPENSES 28
8.3 BUDGETING FOR RESERVES 28
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8.4 SPECIAL ASSESSMENTS 29
8.5 SPECIFIC ASSESSMENTS 29
8.6 LIMITATION OF INCREASES OF ASSESSMENTS 29
8.7 AUTHORITY TO ASSESS OWNERS; DATE OF COMMENCEMENT OF ASSESSMENTS; TIME OF
PAYMENT 30
8.8 PERSONAL OBLIGATION 31
8.9 LIEN FOR ASSESSMENTS 32
8.10 EXEMPT PROPERTY 32
PART FOUR: COMMUNITY DEVELOPMENT 33
ARTICLE IX EXPANSION OF THE COMMUNITY 33
9.1 EXPANSION BY THE FOUNDER 33
9.2 ADDITIONAL COVENANTS AND EASEMENTS 33
9.3 EFFECT OF FILING SUPPLEMENTAL DECLARATIONS 33
9.4 BUDGET CONSIDERATIONS 33
ARTICLE X ADDITIONAL RIGHTS RESERVED TO FOUNDER AND CERTAIN OWNERS 34
10.1 WITHDRAWAL OF PROPERTY 34
10.2 MARKETING AND SALES ACTIVITIES 34
10.3 RIGHT TO DEVELOP 34
10.4 RIGHT TO APPROVE ADDITIONAL COVENANTS 34
10.5 RIGHT TO APPROVE CHANGES IN COMMUNITY STANDARDS 35
10.6 RIGHT TO TRANSFER OR ASSIGN FOUNDER RIGHTS 35
10.7 EXCLUSIVE RIGHTS TO USE NAME OF DEVELOPMENT 35
10.8 SPECIAL DISTRICTS 35
10.9 RIGHT TO APPOINT MEMBERS OF BOARD AND COMMITTEES OF BOARD 35
10.10 RIGHT TO AMEND THE PLATS 35
10.11 RIGHT TO DELAY COMMENCEMENT OF ASSOCIATION MEETINGS OR ASSESSMENTS 35
10.12 TERMINATION OF RIGHTS 36
PART FIVE: PROPERTY RIGHTS WITHIN THE COMMUNITY 37
ARTICLE XI EASEMENTS 37
11.1 EASEMENTS IN COMMON AREA 37
11.2 EASEMENTS FOR DRAINAGE, UTILITIES, SNOW STORAGE, ETC. 37
11.3 EASEMENTS TO SERVE ADDITIONAL PROPERTY 38
11.4 EASEMENTS FOR MAINTENANCE, EMERGENCY AND ENFORCEMENT 38
11.5 EASEMENTS FOR FISHING 39
11.6 EASEMENTS FOR CROSS DRAINAGE 39
11.7 EASEMENT FOR EMERGENCY VEHICLES 39
11.8 TITLE TO AND USE OF ROADS 39
11.9 EASEMENTS FOR LANDING AIRCRAFT 39
11.10 TEMPORARY CONSTRUCTION EASEMENT 40
PART SIX: RELATIONSHIPS WITHIN AND OUTSIDE THE COMMUNITY 41
ARTICLE XII- DISPUTE RESOLUTION AND LIMITATION ON LITIGATION 41
12.1 CONSENTS FOR ASSOCIATION LITIGATION 41
12.2 ALTERNATIVE METHOD FOR RESOLVING DISPUTES 41
12.3 CLAIMS 41
12.4 MANDATORY PROCEDURES 42
12.5 ALLOCATION OF COSTS OF RESOLVING CLAIMS 43
12.6 ENFORCEMENT OF RESOLUTION 43
12.7 BOARD AUTHORIZATION 43
ARTICLE XIII AMENDMENT OF DECLARATION 44
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13.1 BY FOUNDER 44
13.2 BY MEMBERS 44
13.3 VALIDITY AND EFFECTIVE DATE 44
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Declaration of Covenants, Conditions, and Restrictions
for
Double L Ranch
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This DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS is
made this Z7 day of December 2009, by DOUBLE L RANCH #3, a Wyoming limited
liability company and DOUBLE L RANCH #4, a Wyoming limited liability company
(collectively the "Founder
PART ONE: INTRODUCTION TO THE COMMUNITY AND VACATION OF PRIOR
DECLARATION
The Founder, as the developer of the Double L Ranch herein, established this
Declaration to provide a governance structure and a flexible system of standards and
procedures for the overall development, administration, maintenance and preservation of the
Residential Properties and Common Area located in the Double L Ranch.
The Founder has previously recorded in the land records of Lincoln County, Wyoming a
document titled THE DOUBLE L RANCH Declarations, Restrictions, Protective Covenants and
Conditions for Double L Ranch Homeowners' Association, Inc., (the "Original Declaration
which document was recorded as Receiving 938574 in Book 693 at Page 161. The Original
Declaration is hereby vacated and declared of no further force or affect as to the properties
burdened thereby and shall be replaced in its entirety with this instrument.
1.1 Purpose and Intent. The Founder, as the owner of the real property described on
Exhibit "A attached hereto and made a part hereof by this reference, intends by the recording
of this Declaration to create a general plan of development for the planned community known as
the Double L Ranch. This Declaration provides for the overall development, administration,
maintenance and preservation of the real property now or hereafter comprising the Properties at
the Double L Ranch. An integral part of the development plan is the creation of the Double L
Ranch Homeowners Association, an association comprised of all owners of Residential
Properties in the Double L Ranch, to own, operate and/or maintain various common areas and
community improvements and to administer and enforce this Declaration and the other
Governing Documents referred to in this Declaration in perpetuity.
1.2 Binding Effect. All property described on Exhibit "A" and any additional
property which is made a part of the Double L Ranch Homeowners Association in the future by
filing one or more Supplemental Declarations in the Public Records, shall be owned, conveyed
and used subject to all of the provisions of this Declaration, which shall run with the title to such
property. This Declaration shall be binding upon all Persons having any right, title, or interest in
any portion of the Properties, their heirs, successors, successors -in- title, and assigns.
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ARTICLE I CREATION OF THE COMMUNITY
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This Declaration shall be enforceable in perpetuity by the Founder, the Double L Ranch,
any Owner, and their respective legal representatives, heirs, successors, and assigns.
1.3 Governing Documents. The Governing Documents create a general plan of
development for the Double L Ranch which may be supplemented as set forth herein. In the
event of a conflict between or among the Governing Documents and any such additional
covenants or restrictions, the Governing Documents shall control. Nothing in this Section shall
preclude any Supplemental Declaration or other recorded covenants applicable to any portion of
the Properties from containing additional restrictions or provisions that are more restrictive than
the provisions of this Declaration. The Association may, but shall not be required to, enforce
any such covenants, restrictions or other instruments.
All provisions of the Governing Documents shall apply to all Owners as well as their
respective tenants, guests and invitees.
If any provision of this Declaration is determined by judgment or court order to be
invalid, or invalid as applied in a particular instance, such determination shall not affect the
validity of other provisions or applications.
ARTICLE II CONCEPTS AND DEFINITIONS
The terms used in the Governing Documents shall generally be given their natural,
commonly accepted definitions unless otherwise specified. Capitalized terms shall be defined as
set forth below.
2.1 Architectural Review Committee or "ARC "Architectural Review
Committee" shall mean the Architectural Review Committee as defined in Section 4.2 herein.
2.2 Association. "Association" shall mean the Double L Ranch Homeowners
Association, Inc., a Wyoming nonprofit corporation, its successors or assigns.
2.3 Base Assessment. "Base Assessment" shall mean those assessments levied on all
Properties subject to assessment under Article VIII to fund Common Expenses, as determined in
accordance with Section 8.1.
2.4 Board of Directors or Board. "Board of Directors" or "Board" shall mean the
body responsible to the membership for operations of the Association, selected as provided in the
Bylaws and generally serving the same role as the board of directors under the Wyoming
corporate law. The Board of Directors may be referred to herein as "Board of Directors" or
"Board
2.5 Common Area. "Common Area" shall mean the parcels designated as Open
Space as shown on the Plats, as well as such portions of any additional property included within
the Common Area as may be dictated by this Declaration, any Supplemental Declaration, any
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Covenant to Share Costs or any contract or agreement for thereof entered into by the
Association. Common Area shall also include the Golf Course, Clubhouse, all real and personal
property, including easements, which the Association owns, leases or in which it otherwise holds
possessory or use rights for the common use and enjoyment of the Owners. The Association
shall own the Common Area.
2.6 Common Expenses. "Common Expenses" shall mean the actual and estimated
expenses incurred, or anticipated to be incurred, by the Association for the general benefit of all
Properties including any reasonable reserve, as the Board may find necessary and appropriate
pursuant to the Governing Documents.
2.7 Community -Wide Standard. "Community -Wide Standard" shall mean the
standard of conduct, maintenance, or other activity generally prevailing throughout the
Properties. Such standard shall be established initially by the Founder and may be more
specifically defined in this Declaration, the Design Guidelines, the Master Rules and
Regulations, and in Board resolutions.
2.8 Covenant to Share Costs. "Covenant to Share Costs" shall mean any declaration
of easements and covenant to share costs, including this Declaration, to be executed by Founder
and recorded in the Public Records which creates certain easements for the benefit of the
Association and the present and future owners of the real property subject to such Covenant to
Share Costs and which obligates the Association and such owners to share the costs of
maintaining certain property described in such Covenant to Share Costs, including the property
described on Exhibit "A" hereto.
2.9 Declaration. "Declaration" shall mean this Declaration of Covenants, Conditions
and Restrictions for Double L Ranch, and any amendments or supplements thereto.
2.10 Design Guidelines. "Design Guidelines" shall mean the architectural, design and
construction guidelines and review procedures adopted pursuant to Article IV, as they may be
amended.
2.11 Estate Lots. "Estate Lots" shall mean that portion of the Properties designated as
Lots 11 through 14 and 21 and 22, Lot 26 through 30 and Lot 41 on the Plats, and any additional
estate lots added thereto pursuant to Section 9.1 hereof, whether improved or unimproved, which
may be independently owned, and are intended for development, use, and occupancy as single
family residences. Estate Lots may be referred to herein with other Residential Properties
collectively as the "Properties" or the "Residential Properties An individual Estate Lot may be
referred to herein as an "Estate Lot a "Property" or a "Residential Property An Estate Lot
may not be further subdivided.
2.12 Fishing Easements. "Fishing Easements" shall mean the fishing easements
created in Section 11.5(b) hereof.
2.13 Fishing Access Easements. "Fishing Access Easements" shall mean the fishing
access easements created in Section 11.5(a) hereof.
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2.14 Founder. "Founder" shall mean Double L Ranch 3, LLC, a Wyoming limited
liability company and Double L Ranch 4, LLC, a Wyoming limited liability company, or any
successor or assign who takes title to any portion of the property described on Exhibit "A"
hereto for the purpose of development and /or sale and who is designated as the Founder in a
recorded instrument executed by the immediately preceding Founder.
2.15 Golf Course. "Golf Course" shall mean the golf course located in the Common
Area in the East Open Space as shown on the Plats. The Golf Course shall be Common Area and
shall be owned and maintained by the Association.
2.16 Governing Documents. "Governing Documents" shall be a collective term
referring to this Declaration and any applicable Supplemental Declaration, the Bylaws of the
Association, the Articles, the Design Guidelines, Master Rules and, any other rules and
regulations adopted by the Association.
2.17 Hideouts Lots. "Hideaway Lots" shall mean Lots 31 trough 40 of the DOUBLE
L RANCH EAST PHASE II SUBDIVISION. Hideaway Lots shall be connected to the Double
L Hideouts water system and shall be subjected to a Neighborhood Assessment for the costs of
operating and maintaining this system.
2.18 Master Rules and Regulations. "Master Rules and Regulations" shall mean the
Master Rules and Regulations adopted by the Board pursuant to Section 3.2.
2.19 Member. "Member" shall mean a Person subject to membership in the
Association pursuant to Section 6.2.
2.20 Mortgage. "Mortgage" shall mean a mortgage, a deed to secure debt, or any
other form of security instrument affecting title to any of the Residential Properties or all or any
portion of the Properties. "Mortgagee" shall refer to a beneficiary of a deed of trust or holder of
a Mortgage.
2.21 Neighborhood. "Neighborhood" shall mean a group of Residential Properties
designated as a separate Neighborhood, pursuant to Section 6.4 hereof or otherwise, for purposes
of sharing benefits or services from the Association which are not provided to all Residential
Properties within the Properties. A Neighborhood may be comprised of more than one housing
type and may include noncontiguous parcels of property. If the Association provides benefits or
services to less than all Residential Properties within a particular Neighborhood, then the
benefited properties shall constitute a sub Neighborhood for purposes of determining and
levying Neighborhood Assessments for such benefits or services.
2.22 Neighborhood Assessments. "Neighborhood Assessments" shall mean those
assessments levied against the Residential Properties in a particular Neighborhood(s) to fund
Neighborhood Expenses, as described in Section 8.2.
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2.23 Neighborhood Committee. "Neighborhood Committee" shall mean the
committee of the Association charged with administering the affairs of a specific Neighborhood
and advising the Association regarding such neighborhood.
2.24 Neighborhood Expenses. "Neighborhood Expenses" shall mean the actual and
estimated expenses which the Association incurs or expects to incur for the benefit of Owners of
Residential Properties within a particular Neighborhood(s), which may include a reasonable
reserve for capital repairs and replacements and a reasonable administrative charge, as may
specifically be authorized pursuant to this Declaration or in the Supplemental Declaration(s)
applicable to such Neighborhood(s).
2.25 Occupant. "Occupant" means any person other than an owner residing in a
residence on a Residential Property.
2.26 Open Space. "Open Space" shall be the area shown on the Plats as Open Space.
The owner of the Residential Property shall have access rights in and to such Open Space,
subject to the rights of other Owners and as set forth in the Governing Documents.
2.27 Owner. "Owner" shall mean one or more Persons who hold the record title to
any Residential Property, but excluding in all cases any party holding an interest merely as
security for the performance of an obligation. If a Residential Property is sold under a recorded
contract of sale and the contract specifically so provides, the purchaser (rather than the fee
owner) will be considered the Owner.
2.28 Person. "Person" shall mean a natural person, a corporation, a partnership, a
trustee, or any other legal entity.
2.29 Plats. "Plats" shall mean that Plats of the Double L Ranch as follows: plat titled
"DOUBLE L RANCH EAST SUBDIVISION recorded in the office of the Clerk of Lincoln
County, Wyoming on March 7, 2007 as Receiving 927425, plat titled "DOUBLE L RANCH
WEST SUBDIVISION recorded in the office of the Clerk of Lincoln County, Wyoming on
March 7, 2007 as Receiving 927422, plat titled "DOUBLE L RANCH EAST PHASE II
SUBDIVISION recorded in the office of the Clerk of Lincoln County, Wyoming on
November 16, 2009 as Receiving 950568, plat titled "DOUBLE L RANCH III recorded in
the office of the Clerk of Lincoln County, Wyoming on November 16, 2009 as Receiving
950571, and the plat titled "PHYLLIS IVIE BUTTARS PLAT OF TRACTS WITHIN THE S1 /2
SECTION 10, T4S R46E BONNEVILLE, COUNTY, IDAHO dated September 23, 1993, as
amended from time to time.
2.30 Properties or Property. "Properties" or, individually "Property shall mean the
real property described on Exhibit "A together with such additional property as is subjected to
this Declaration in accordance with Article IX.
2.31 Public Records. "Public Records" shall mean the official records of the County
Clerk of Lincoln County, Wyoming
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2.32 Residential Owner. "Residential Owner" shall mean an Owner other than the
Founder.
2.33 Residential Properties. "Residential Properties" shall mean the real property
collectively designated as Estate Lots and Hideaway Lots on the Plats. "Residential Property"
shall individually mean the real property designed as an Estate Lot on the Plats, or a Hideaway
Lot on the Plats.
2.34 Roads. "Roads" shall mean Flywater Trail and other roads as shown on the Plats
and any other common roadway within the Property.
2.35 Special Assessment. "Special Assessments" shall mean those assessments levied
in accordance with Section 8.4.
2.36 Specific Assessment. "Specific Assessment" shall mean those assessments
levied in accordance with Section 8.5.
2.37 Supplemental Declaration. "Supplemental Declaration" shall mean an
instrument filed in the Public Records pursuant to Article IX which subjects additional property
to this Declaration, designates Neighborhoods, and /or imposes, expressly or by reference,
additional restrictions and obligations on the land described in such instrument.
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PART TWO: CREATION AND MAINTENANCE OF COMMUNITY STANDARDS
ARTICLE III USE AND CONDUCT
3.1 Framework for Regulation and Conflicts Among Governing Documents. The
Governing Documents establish, as part of the general plan of development for the Properties, a
framework of affirmative and negative covenants, easements and restrictions which govern the
Properties. However, within that framework, the Board and the Members must have the ability
to respond to unforeseen problems and changes in circumstances, conditions, needs, desires,
trends and technology which inevitably will affect the Double L Ranch, its Owners and residents.
Toward that end, this Article establishes procedures for modifying and expanding the initial
Master Rules and Regulations.
In the event of a conflict among provisions of the various Governing Documents, the
following shall be the order of priority of the documents: (i) Articles; (ii) Declaration, and any
amendments or supplements thereto; (iii) Bylaws; (iv) Design Guidelines; (v) Master Rules and
Regulations; and (vi) Fishing Rules and Regulations. Any provision appearing in a document
higher in priority to another document shall control. Any documents not included in this list
shall have the priority stated in such document, if any.
3.2 Rule Making Authority.
(a) Subject to the terms of this Article and the Board's duty to exercise
business judgment and reasonableness on behalf of the Association and its Members, the Board
may modify, cancel, limit, create exceptions to, or expand the Master Rules and Regulations.
The Board shall send notice by mail to all Owners concerning any such proposed action as least
five (5) business days prior to the Board meeting at which such action is to be considered.
Members shall have a reasonable opportunity to be heard at a Board meeting prior to such action
being taken.
Such action shall become effective after compliance with subsection (c) below
unless disapproved at a meeting of the Members by more than fifty percent (50 of the total
votes entitled to vote on the matter. The Board shall have no obligation to call a meeting of the
Members to consider disapproval except upon receipt of a petition of the Members as required
for special meetings in Section 3.2 of the Bylaws. Upon such petition of the Members prior to
the effective date of any Board action under this Section 3.2(a), the proposed action shall not
become effective until after such meeting is held, and then subject to the outcome of such
meeting.
(b) Alternatively, the Members, at an Association meeting duly called for
such purpose, may adopt rules which modify, cancel, limit, create exceptions to, or expand the
Master Rules and Regulations by a vote of more than fifty percent (50 of the total votes
entitled to vote on the matter.
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(c) At least thirty (30) days prior to the effective date of any action taken
under subsections (a) or (b) of this Section, the Board shall send a copy of the new rule or
explanation of any changes to the Master Rules and Regulations to each Owner specifying the
effective date. The Association shall provide, without cost, a copy of the Master Rules and
Regulations then in effect to any requesting Member or Mortgagee.
(d) Nothing in this Article shall authorize the Board or the Members to
modify, repeal or expand the Design Guidelines.
3.3 Owners' Acknowledgement and Notice to Purchasers. All Owners are given
notice that use of their Residential Property is limited by the Master Rules and Regulations as
they may be amended, expanded and otherwise modified hereunder. Each Owner, by acceptance
of a deed for their Residential Property acknowledges and agrees that the use and enjoyment and
marketability of his or her Residential Property can be affected by this Declaration and that the
Master Rules and Regulations may change from time to time. All purchasers of a Residential
Property are on notice that changes may have been adopted by the Association that are not
recorded in the Public Records. Copies of the current Master Rules and Regulations may be
obtained from the Association.
3.4 No Mining, Excavating or Drilling. No property within the Double L Ranch
shall be used for the purpose of mining, quarrying, drilling, boring, or exploring for or removing
geothermal resources, oil, gas, or other hydrocarbons, minerals, rocks, stones, gravel, sand, top
soil, or earth. Nothing contained herein shall be construed to limit the rights of the owner of
mineral interest severed from the surface of any portion of the Properties prior to the recording of
this Declaration and nothing contained in this Declaration shall be construed to limit the rights of
the Founder to develop the Properties.
3.5 Protection of Owners and Others. No rule shall be adopted in violation of the
following provisions, except as may be specifically set forth in this Declaration (either initially
or by amendment) or in the initial Master Rules and Regulations:
(a) Equal Treatment. Similarly situated Owners shall be treated similarly;
provided, the Master Rules and Regulations may vary by Neighborhood.
(b) Displays. The rights of Owners to display religious and holiday signs,
symbols, and decorations inside structures on their Residential Property of the kinds normally
displayed in dwellings located in single family residential neighborhoods shall not be abridged,
except that the Association may adopt time, place, and manner restrictions with respect to
displays visible from outside the dwelling.
No rules shall regulate the content of political signs; however, rules may regulate
the time, place and manner of posting such signs (including design criteria).
(c) Household Composition. No rule shall interfere with the freedom of
Owners to determine the composition of their households.
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(d) Activities Within Dwellings. No rule shall interfere with the activities
carried on within the confines of dwellings, except that the Association may prohibit activities
not normally associated with property restricted to residential use, and it may restrict or prohibit
any activities that (i) create monetary costs for the Association or other Owners; (ii) create a
danger to the health or safety of Occupants or Owners of Residential Properties; (iii) generate
excessive noise or traffic; (iv) create unsightly conditions visible outside the dwelling; or (v)
create an unreasonable source of annoyance.
(e) Allocation of Burdens and Benefits. No rule shall alter the allocation of
financial burdens among the various Properties or rights to use the Common Area to the
detriment of any Owner over that Owner's objection expressed in writing to the Association.
Nothing in this provision shall prevent the Association from changing the Common Area
available, from adopting generally applicable rules for use of the Common Area, or from
denying use privileges to those who abuse the Common Area or violate the Governing
Documents. This provision does not affect the right to increase the amount of assessments as
provided by Article VIII.
(f) Leasing. No Owner shall have the right to lease their Residential
Property, nor to create any other interest in their Residential Property, such as the creation of a
time -share interest, condominium interest, or any other interest in which ownership of the
Residential Property is fractionalized among owners, with the exception that Residential
Properties unless such ownership structure is approved by the Founder or the Association.
(g) Abridging Existing Rights. If any rule would otherwise require Owners
to dispose of personal property which they maintained in or on the Residential Property prior to
the effective date of such rule, or to vacate a Residential Property in which they resided prior to
the effective date of such rule, and such property was maintained or such occupancy was in
compliance with this Declaration and all rules previously in force, such rule shall not apply to
any such Owners without their written consent.
(h) Rights to Develop. No rule or action by the Association or Board shall
impede the Founder's right to develop the Properties.
The limitations in subsections (a) through (h) of this Section 3.5 shall only limit
rulemaking authority exercised under Section 3.2; they shall not apply to amendments to this
Declaration adopted in accordance with Article XIII.
3.6 Domestic Animals. Except as specifically permitted below or by the Master
Rules and Regulations, no animals, reptiles, primates, fish, fowl or insects of any kind shall be
kept, raised, bred, maintained or boarded within or upon any part of the Properties.
Notwithstanding the foregoing, each Residential Property shall be entitled to a maximum
of no more than a total of three (3) dogs and /or cats and a reasonable number of other Household
Pets (The term Household Pet(s) means generally recognized Household Pets such as dogs, cats,
fish, birds, rodents, and non poisonous reptiles), so long as such pets are not kept for any
commercial purpose, are not kept in unreasonable numbers, do not cause an unreasonable
Double L Ranch
Declaration of Covenants, Conditions and Restrictions
Page 9
rev date Thursday, December 17, 2009
amount of noise, odor, or do not otherwise become a n C'06,4.39 term "Household Pet" specifically excludes horses, cattle and other Rlivestock which are not
l Owners. The
permitted to be kept on any Residential Property.
livestock
A
shall keep the animals restrained and controlled on r'suor Occupant's upa Household Pets
Property at all times so they do not cause a nuisance to others and do cc
wildlife. "Nuisance" means any Pant's Residential
wild, digs in scratches, litters i soi animal, al, any s or not harass hr h chews,
vicious animal, or any animal which chews,
garbage containers, gardens, flower beds, lawns, trees, shrubbery, or any Properties. Excessive, continued y in any other manner injures clothing,
the vehicles, habitually Excessive,
other continued o r trespassing g, mole ly barkin p notpas within
the
chasing
a
as to damage property shall also be deemed a nuisance. upon private prroopeey rty in m s su by uch a manner
which habitually, constantly, or frequently disturbs the sleep, Animal"
peace, or quiet of any person.
Board or its designee shall have the right to enter the propertp, and means any animal
animal that is a Nuisance, as defined in this paragraph, and any such action shall not be deemed a
property c d remove any In the event the Board removes such Nuisance or y Noisy Animal l The
o or
kenneled and the cost therefore shall be levied against the offending the animal shall c
Assessment. e ing Owner as a Specific
Food for Household Pets shall be stored cannot be
or other wildlife. in a secure area that c accessed by bears
No owner or custodian of any animal who is visiting or working o
leash permitted to allow such animals to run free. Also, no pet or
leash, cord, chain, rope c other a is t o ru nt fixed to any g n the Properties d hb y
cor the Properties thereby allowing such P animal tree, shall be restrained by
y vo b post, t uts c other e r f re w th
pedestrian or vehicular traffic in and around any h animal to become a nuisance or interfere with
sub contractors and any other person providing services t o an within may not Contractors, s onto
the Properties. may not bring dogs onto
The Owner of a Residential Property where a Household Pet is kept,
owner of the pet (if not such Owner), shall be jointly and severally liable for
and destruction pet, deson caused by the p as well as the legal
and des ru necessitated by such pet. p and for any or any and all damage
y clean -up of roadways or other Residential
The Association shall have, and is hereby
its sole discretion that Household Pets are being kept for cohmmerci and authority a d o t her w is i
nuisance to other Residential Owners or Occupants, in violation of this Section, and to t �ets, or that a Residentia Owner ore Occuwise a is
necessary to remedy the violation. such action or actions as it deems reasonably
Association may require the owner or custodian of a dog that barks limiting the generality of the foregoing, the
Household Pet with other offensive habits, to confine such animal
Board shall determine that a pet has become a "nuisance pet", a written notice or howls excessively, or of a
Board
personally shall
delivered to the owner become
custodian Indoono tice of violation s In the event that s hall
the
not removed from the Properties within seventy-two t 72 nui)hours thereafter, the sance pet, and if the nuisance pet is Board shall have
the right to remove the nuisance pet, or cause the nuisance pet to at
the sole expense of the Owner of the Residential Property on which t whic t removed e he nuisance e p kenneled, et is boarded
p
Double L Ranch
Declaration of Covenants, Conditions and Restrictions
Page 10
rev date Thursday, December 17, 2009
00614o
14o
and to enter upon an Owner's Residential Property for such purpose, all without liability on the
part of the Board. Any costs associated with responding to complaints of a nuisance pet may be
levied against an Owner or Occupant as a Specific Assessment.
3.7 Wildlife. In accordance with any Lincoln County Wildlife feeding ordinance, no
elk, deer, moose, bear, or other big game animals shall be fed hay or any other food,
manufactured or otherwise, within the Properties in order to prevent migrating animals from
interrupting their migrations to winter range and to prevent such animals from becoming
habituated to unnatural food sources. By acceptance of a deed therefore, the owner of every
Residential Property agrees to release and hold the Wyoming Game and Fish harmless from any
and all claims for wildlife damage to their property.
3.8 Fencing and Gates. No fence, gate, hedge, or wall shall be erected or
maintained, except in compliance with the Design Guidelines except that a dog run approved by
the ARC may be constructed.
3.9 Trees. Native trees and timber shall not be removed from any Residential
Property, except as may be deemed necessary by the ARC for the construction of authorized
buildings and improvements. The cutting and harvest of trees and other shrubs that provide vital
winter forage for moose and elk should be minimized. Any animal habitat cover -type vegetation
that is removed for building purposes should be replaced.
3.10 Vehicle Parking, Storage, Operation and Repair.
(a) Permitted vehicles (as defined in subsection (b) below) may be parked on
the Properties. No boats, trailers, campers, motorcycles, snowmobiles, golf carts, or any other
similar items shall be parked or stored on the roads or driveways within the Properties.
Notwithstanding the foregoing, vehicles may be maintained on driveways of a
Residential Property for loading, delivery or emergency purposes, but only for the time required
to accomplish such purpose, and as necessary for the construction or maintenance of
improvements within the Properties upon compliance with the Master Rules and Regulations
guidelines and any conditions imposed by the Architectural Review Committee.
(b) An "abandoned or inoperable vehicle" shall mean any motorized vehicle
that does not display a current motor vehicle license or which has not been driven under its own
propulsion for a period of two (2) weeks or longer (excepting otherwise permitted vehicles
parked by Residential Property or Occupants on their Residential Property driveways while on
vacation or during a period of illness), or which does not have an operable propulsion system
within the vehicle.
(c) In the event that the Board shall determine that a vehicle is abandoned or
inoperable, or is otherwise in violation of the provisions of this Section 3.10, a written notice of
violation describing said vehicle shall be personally delivered to the vehicle owner (if such
owner can be reasonably ascertained) or shall be conspicuously placed upon the vehicle (if the
owner cannot be reasonably ascertained), and if the offending vehicle is not removed within
rev date Thursday, December 17, 2009
Double L Ranch
Declaration of Covenants, Conditions and Restrictions
Page 11
€O 141
seventy -two (72) hours thereafter, the Board shall have the right to remove and store the
offending vehicle, or cause the vehicle to be removed and stored, at the sole expense of the
Owner of the Residential Property or street on which the vehicle is located and to enter upon an
Owner's Residential Property for such purpose, all without liability on the part of the Board.
3.11 Hunting. No hunting or discharge of firearms shall be permitted on any portion
of the Properties, except that duck and goose hunting may be permitted on designated ponds in
the Open Space. In Owners participating in hunting activities shall indemnify, defend and hold
the Founder, the Association and any other Owners harmless from any liability for injury or
property damage incurred by the Owner or Founder, or any third party while participating in
such activity.
3.12 Garbage Storage. Garbage shall be stored inside garages and collected and
disposed of in accordance with rules and regulations adopted by the Association.
3.13 Nuisance. No noxious or offensive activity shall be carried on upon any
Property, nor shall anything be done or placed thereon which may be or become a nuisance, or
cause unreasonable embarrassment, disturbance or annoyance to other Owners or Occupants in
the enjoyment of their Properties, or in their enjoyment of the Common Area. Without limiting
any of the foregoing, no exterior speakers, horns, whistles, bells or other sound devices, except
security devices used exclusively to protect the security of the Properties and improvements
located thereon, shall be placed or used upon any Property.
3.14 Prohibition Against Water Wells. All Hideout Lots shall be prohibited from
having thereon a private well for domestic water and shall be connected to the Double L Ranch
water system and shall be subjected to a Neighborhood Assessment for the costs of operation and
maintenance of such system. The owners of Estate Lots will be required to drill and connect to
domestic water wells and provide for leach field septic systems on their Lots.
ARTICLE IV ARCHITECTURE AND LANDSCAPING
4.1 General. No structure shall be placed, erected, or installed upon any Residential
Property, and no improvements (including staking, clearing, excavation, grading and other site
work, exterior alterations of existing improvements, and planting or removal of landscaping
materials, native trees or shrubs) shall take place except in compliance with this Article, the
Design Guidelines promulgated pursuant to Section 4.3.
Any Owner may remodel, paint or redecorate the interior of structures on his Residential
Property without approval. However, modifications to the interior of patios, and similar portions
of a structure located on a Residential Property visible from outside of other structures on a
Residential Property shall be subject to approval. No approval shall be required to repaint the
exterior of a structure in accordance with the originally approved color scheme or to rebuild a
damaged structure generally in accordance with originally approved plans and specifications.
rev date Thursday, December 17, 2009
Double L Ranch
Declaration of Covenants, Conditions and Restrictions
Page 12
All structures constructed on any portion of the Properties shall be designed by and built
in accordance with the plans and specifications as approved by the ARC. All plans and
specifications shall be subject to review as provided herein.
This Article may not be amended without the Founder's written consent so long as the
Founder owns any land subject to this Declaration or subject to annexation to this Declaration.
4.2 Architectural Review.
a. Architectural Review Committee. The Architectural Review Committee
"ARC shall consist of the same members as the Board.
b. Fees; Assistance. The ARC may establish and charge reasonable fees for
review of applications hereunder and may require such fees to be paid in full prior to review of
any application. Such fees may include the reasonable costs incurred in having any application
reviewed by architects, engineers or other professionals. The Founder and the Association may
employ architects, engineers, or other persons as deemed necessary to perform the review. The
Board shall include the compensation of such persons, if any, in the fee charged by the ARC.
4.3 Guidelines and Procedures.
a. Design Guidelines. The Founder may adopt Design Guidelines to
regulate design of residential construction on the Properties. If adopted, the Design Guidelines
may contain general provisions applicable to all of the Properties as well as specific provisions
which vary from Neighborhood to Neighborhood. The Design Guidelines are intended to
provide guidance to Owners and Builders regarding matters of particular concern to the ARC in
considering applications thereunder. The Design Guidelines are not the exclusive basis for
decisions of the ARC, and compliance with the Design Guidelines does not guarantee approval
of any application. The Design Guidelines set forth the requirements for any improvements
undertaken on a Residential Property.
The Founder shall have sole and full authority to amend the Design Guidelines as
long as it owns any portion of the Properties or has a right to expand the Properties pursuant to
Article IX, notwithstanding the reviewing authority of the ARC, unless the Founder delegates the
power to amend to the Board. Upon termination or delegation of the Founder's right to amend,
the Board shall have the authority to amend the Design Guidelines. Any amendments to the
Design Guidelines shall be prospective only and shall not apply to a "Design Plan Review"
application or "Construction Plan Review" application, as those terms are defined in the Design
Guidelines, that have been submitted and are under review pursuant to this Article and the
Design Guidelines or to require modifications to or removal of structures previously approved.
Such amendments shall apply to any proposed improvements that have undergone a Concept
Review but have not been reduced to a Design Plan Review application. There shall be no
limitation on the scope of amendments to the Design Guidelines, and such amendments may
remove requirements previously imposed or otherwise make the Design Guidelines less
restrictive.
rev date Thursday, December 17, 2009
Double L Ranch
Declaration of Covenants, Conditions and Restrictions
Page 13
000i1.42
The Association shall make the Design Guidelines available to
Owners
builders who seek to engage in development or construction within the Properties. In the
Founder's discretion, such Design Guidelines may be recorded in the Public Records, in which
event the recorded version, as it may unilaterally be amended from time to time, shall control in
the event of any dispute as to which version of the Design Guidelines was in effect
particular time. at any
b. Procedures. Prior to commencing any improvements to Residential
Properties within the scope of this Article, an Owner shall comply with all review rocedur s
required by the Design Guidelines, in such manner and form as the Design may
gn Guidelines ma
specify.
The ARC, in its discretion and after written notice to the Owner, may delegate
any portion of its administrative duties hereunder to the Board. In this instance, the Board shall
within comply with all procedural requirements contained in the Design Guidelines.
In reviewing each submission, the ARC may consider any factors it deems
relevant, including without limitation, harmony of external design with surrounding structures
and environment. Decisions may be based on purely aesthetic considerations. Each Owne
acknowledges that determinations as to such matters are purely subjective and opinions may v r
as to the desirability and /or attractiveness of particular improvements. Y ary
In the event an application is received by the ARC for work that was started
without prior approval from the ARC, the time limits for review and approval set forth in
the
Design Guidelines shall not apply. In this event, the ARC and/or the Board as the case may
shall review the Application in a reasonable time taking into account the facts and circumstances
be,
giving rise to the application. nces
In the event that the ARC fails to respond in writing in a timely manner, approval
shall be deemed to have been given. However, no approval, whether expressly granted or
g
deemed granted pursuant to the foregoing, shall be inconsistent with the Design n Gui delines
unless a variance has been granted pursuant to Section 4.5. Notice shall be deemed to have
given at the time the envelope containing the response is deposited with the U.S. Postal been
e
Personal delivery of such written notice shall, however, be sufficient and shall be deemed to
have been given at the time of delivery to the applicant. to
Until expiration of the Founder's rights under Article X, the ARC shall notify the
Founder in writing within two (2) business days after the ARC has received any a
relating to proposed improvements within the scope of matters delegated to the ARClby t the
h
Founder. The Founder shall notify the ARC within two (2) business days if the Founder chooses
to review such application. Within two (2) business days of such notice from the Founder AR
shall provide Founder with all application materials and any additional information that C at the
p
Founder may require. The Founder shall have two (2) business days after receipt of such
materials to comment on such application, by written notice to the ARC and the applicant. Any
such
such comments by Founder shall be implemented by the ARC, including denial of s
application.
rev date Thursday, December 17, 2009
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Declaration of Covenants, Conditions and Restrictions
Page 14
OO)144
If construction does not commence on a project for which a Design Plan Review
application or a Construction Plan Review application has been approved within -one year after
the date of approval, such approval shall be deemed withdrawn, and it shall be necessary for the
Owner to reapply for approval before commencing the proposed improvements.
The ARC may, by resolution, exempt certain activities from the application and
approval requirements of this Article, provided such activities are undertaken in strict
compliance with the requirements of such resolution.
No flowers, shrubs, trees, grasses, or other landscaping shall be allowed on any
portions of the Properties, except in accordance with the landscape plant palette for the
Properties approved from time to time by the ARC. The ARC may make amendments to the
plant palette and such amendments shall apply whether or not recorded in the Official Records of
Lincoln County, Wyoming.
c. Obligation to Complete Construction. Regardless of the type of
improvement being constructed on a Residential Property, once construction has commenced, it
must be completed within twenty -four (24) months from the date construction commenced
unless otherwise specified in the notice of approval or unless the ARC grants an extension in
writing, which it shall not be obligated to do. Completion of improvements shall mean that a
certificate of occupancy has been issued by the local governing body empowered to do so and
that the improvements are in a condition suitable for immediate occupancy by the Owner or its
Occupant.
4.4 Standard of Construction. All improvements to the Properties made by the
Founder have been or will be constructed in accordance with all applicable city, county, state and
federal building codes. Founder does not warrant that its improvements to the Properties exceed,
in any manner, the minimum building standards required by applicable city, county, state and
federal laws.
4.5 Enforcement. Any structure, improvement or landscaping placed or made in
violation of this Article or the Design Guidelines shall be deemed to be nonconforming. Upon
written request from the Founder, the ARC or the Board, Owners shall, at their own cost and
expense, remove such structure or improvement and restore the property to substantially the
same condition as existed prior to the nonconforming work or such that it complies with an
approved application. Should an Owner fail to remove and restore as required, the Founder, the
Association or its designees shall have the right to enter the property, remove the violation, and
restore the property to substantially the same condition as previously existed. All costs, together
with interest at the maximum rate then allowed by law, may be assessed against the benefited
Residential Property and collected as a Specific Assessment.
All approvals granted hereunder shall be deemed conditioned upon completion of all
elements of the approved work and all work previously approved with respect to the same
Residential Property, unless approval to modify any application has been obtained. In the event
that any Person fails to commence and diligently pursue to completion all approved work, the
rev date Thursday, December 17, 2009
Double L Ranch
Declaration of Covenants, Conditions and Restrictions
Page 15
rev date Thursday, December 17, 2009
Double L Ranch
Declaration of Covenants, Conditions and Restrictions
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eOiA45
Founder or the Association shall be authorized, after notice to the Owner of the Residential
Property and an opportunity to be heard in accordance with Section 7.2(D) of the Bylaws, to
enter upon the Residential Property and remove or complete any incomplete work and to assess
all costs incurred against the Residential Property and the Owner thereof as a Specific
Assessment.
Any contractor, subcontractor, agent, employee, or other invitee of an Owner who fails to
comply with the terms and provisions of this Article and the Design Guidelines may be excluded
from the Properties, subject to the notice and hearing procedures contained in Section 7.2(D) of
the Bylaws. In such event, neither the Founder, the Association, its officers or directors shall be
held liable to any Person for exercising the rights granted by this paragraph.
In addition to the foregoing, the Association shall have standing to pursue all available
legal and equitable remedies available to enforce the provisions of this Article and the decisions
of the ARC.
4.6 Development and Use Restrictions. All development of the Properties shall
conform to the following requirements:
a. Provisions in Addition to County Land Use Regulations. Conformity
with any and all applicable land use regulations of Lincoln County shall be required, in addition
to the requirements of this Declaration and the Design Guidelines.
b. Authorized Use. Only single family residential use shall be permitted,
together with the keeping of domestic pets subject to the limitations set forth herein.
c. Authorized Structures. No building or structure shall be constructed on
any Residential Property, except one single family residence and other structures as approved
and permitted by the ARC.
4.7 Construction. No pre- fabricated or modular structures shall be permitted on any
Residential Property. Previously put -to -use materials designed for architectural detailing on the
outside of structures may be permitted by the ARC, in the ARC's sole discretion.
4.8 Height, Size and Floor Area Limitations. Building height, size and floor area
limitations shall be as determined by the ARC.
4.9 Utilities. Electrical and telephone utility lines have been installed underground to
the property line of each Residential Property. Connections from improvements on a Residential
Property to the underground utility lines shall be completed at the Owners' expense, and shall be
constructed underground. Above ground utility installations are prohibited. All individual water
and water service connections to the Double L Ranch central water system for the Hideout shall
be installed, and consist of materials consistent with all applicable laws, rules and regulations
standards in effect at the time of installation.
4.10 Temporary Structures Prohibited. No temporary structures, such as trailers,
tents, shacks or other similar buildings, shall be permitted on any Residential Property except
during construction or as authorized by the Board.
4.11 Satellite Dishes. An 18" or smaller diameter satellite dish shall be permitted on
any Residential Property provided that any such satellite dish must be visually shielded from
adjacent Residential Properties with shielding approved by the ARC before such satellite dish is
installed.
4.12 Berms. No berms shall be constructed or maintained on any Residential Property
unless the ARC, in its sole discretion approves such construction and maintenance and finds the
same to be beneficial between adjacent Residential Properties. In connection with the foregoing,
the Board may request, at the expense of the Owner seeking approval, information relating to the
possible impact of the berm on other Residential Properties, which information may include
appropriate engineering studies. An elevated leach field required by regulatory authorities shall
not be considered to be a berm provided it is approved by the ARC.
4.13 Noxious Weeds and Exotic Plant Species. Sources of all sod, seed and
landscaping materials shall not contain noxious weeds or exotic species disfavored by the
Lincoln County Weed and Pest Department. The Association shall adopt and enforce a program
in cooperation with the Lincoln County Weed and Pest Department to eradicate noxious weeds
present or occurring on the Properties.
ARTICLE V MAINTENANCE AND REPAIR
5.1 Maintenance of Residential Properties. Each Owner of a Residential Property
shall maintain his or her Residential Property and any and all improvements thereon, including
any pools, ponds, or other improvements, and any and all landscaping situated on the Residential
Property in a manner consistent with the Governing Documents, the Community -Wide Standard
and all applicable covenants. If an Owner does not maintain his or her Residential Property to
the appropriate standards, the Association shall have the right to perform such maintenance on
the Owner's behalf and the costs of such maintenance shall be assessed to the Owner as a
Specific Assessment.
5.2 Maintenance of Vacant Properties. Each Owner of a Property that is
unimproved is responsible for maintaining the landscape on such unimproved Property in a
healthy condition. Required maintenance shall include, but not be limited to, necessary irrigation
to control fire danger, treatment to control weeds and other steps recommended by the Board or
the ARC to maintain the natural landscape of the Property in a manner consistent with the
Governing Documents, the Community -Wide Standard and all applicable covenants. If an
Owner does not maintain his or her unimproved Property to the appropriate standards, the
Association shall have the right to perform such maintenance on the Owner's behalf and the cost
of such maintenance shall be assessed to the Owner as a Specific Assessment.
rev date Thursday, December 17, 2009
Double L Ranch
Declaration of Covenants, Conditions and Restrictions
Page 17
co .47
PART THREE: COMMUNITY GOVERNANCE AND ADMINISTRATION
rev date Thursday, December 17, 2009
ARTICLE VI THE ASSOCIATION AND ITS MEMBERS
6.1 Function of Association. The Association, through its Board of Directors, shall
be the entity responsible for management, maintenance, operation and control of the Common
Area as described herein and shall also be the primary entity responsible for enforcement of the
Governing Documents. The Association shall also be responsible to provide all duties and
obligations of the Association as set forth in this Declaration and the Governing Documents.
The Association shall perform its functions in accordance with the Governing Documents and
the laws of the State of Wyoming.
6.2 Membership. Every Owner of a Residential Property shall be a Member of the
Association. There shall be only one membership per Residential Property. If a Residential
Property is owned by more than one Person, all co- Owners shall share the privileges of such
membership, subject to reasonable Board regulation and the restrictions on voting set forth in
Section 6.3(a) and in the Bylaws, and all such co- Owners shall be jointly and severally obligated
to perform the responsibilities of Owners. The membership rights of an Owner that is not a
natural person may be exercised by any officer, director, partner, member, manager or trustee, or
by the individual designated from time to time by the Owner in a written instrument provided to
the Secretary of the Association except where such privileges may be restricted by the Master
Rules and Regulations or by the Association.
6.3 Voting. The Association shall have one class of membership. Members shall
have one equal vote for each Residential Property in which they hold the interest required for
membership under Section 6.2 and the Founder shall have three votes for each Residential
Property it owns until Founder has sold 85% of the Residential Properties to owners not
affiliated with Founder. All votes shall be cast as provided in Section 6.3(a).
a. Exercise of Voting Rights. The vote for each Residential Property owned
by a Member shall be exercised by the Owner of the Residential Property. In any situation
where there is more than one Owner of such Residential Property, the vote for such Residential
Property shall be exercised as the co- Owners determine among themselves and advise the
Secretary of the Association in writing prior to the vote being taken. Absent such advice, the
Residential Property's vote shall be suspended if more than one Person seeks to exercise it.
b. Commencement of Voting Rights. Voting rights as to each Residential
Property shall vest upon the commencement of assessment obligations for such Residential
Property.
6.4 Creation of Neighborhoods There shall be two Neighborhoods within the
Properties as follows:
a. Estate Lot Neighborhood. The Estate Lot Neighborhood shall consist of
the Estate Lots.
Double L Ranch
Declaration of Covenants, Conditions and Restrictions
Page 18
b. Hideouts Lot Neighborhood. The Hideaway Lot Neighborhood shall
consist of the Hideaway Lots.
Any Neighborhood, acting through its Neighborhood Committee, may request that the
Association provide a higher level of service than that which the Association generally provides
to all Neighborhoods or may request that the Association provide special services for the benefit
of the properties in such Neighborhood. Upon the affirmative vote, written consent, or a
combination thereof, of Owners of a majority of the Residential Properties within the
Neighborhood, the Association shall provide the requested services. The cost of such services,
which may include a reasonable administrative charge in such amount as the Board deems
appropriate (provided, any such administrative charge shall apply at a uniform rate per
Residential Property to all Neighborhoods receiving the same service), shall be assessed against
the benefited Residential Properties within such Neighborhood as a Neighborhood Assessment.
6.5 Association Board of Directors. The Association shall have not less than three
(3). The number of directors may be changed as provided in the Bylaws. The initial Board shall
be appointed by the Founder as provided for herein. Following termination of the Founder's
right to appoint members of the Board, at least three directors shall each own a Property in one
of the Neighborhoods such that all three Neighborhoods are represented on the Board. Each of
the three will also serve as Chairperson of the Neighborhood Committee for their respective
Neighborhood. At all times while the Founder owns any of the Properties subject to this
Declaration or subject to annexation to this Declaration as provided herein, two of the members
of the Board shall be a representative of the Founder. The Directors shall serve as provided in
the Bylaws.
6.6 Neighborhood Committees. There shall be a Neighborhood Committee for each
of the two Neighborhoods in the Association. Each committee shall be comprised of not less
than three (3) committee members. Each committee member shall be a Member in good
standing and an Owner of a Property in the Neighborhood on which committee they serve. The
chairperson of each committee shall be a duly- elected member of the Board. The committee
members shall serve as provided in the Bylaws.
rev date Thursday, December 17, 2009
ARTICLE VII ASSOCIATION POWERS AND RESPONSIBILITIES
7.1 Acceptance and Control of Association Property.
Double L Ranch
Declaration of Covenants, Conditions and Restrictions
Page 19
eoQ:i14S
(a) The Association, through action of its Board, may acquire, hold, and
dispose of real property and tangible and intangible personal property.
(b) The Founder and its designees may convey or dedicate real or personal
property to the Association and the Association shall accept all such conveyances or dedications.
7.2 Maintenance of Common Area.
Common Area;
CsiOC1a49
(a) The Association shall maintain the Common Area in accordance with the
Community -Wide Standard, which obligation shall include, but need not be limited to:
(i) The entering into of contracts or agreements for maintenance of the
(ii) The maintenance of other property which the Association does not
own if the Board determines that such maintenance is necessary or desirable to maintain the
Community -Wide Standard; and
(iii) The maintenance of the landscaping, irrigation and grounds of all
Hideaway Lots in accordance with the Community Wide Standard.
The Association shall not be liable for any damage or injury occurring on
or arising out of the condition of property which it does not own except to the extent that it has
been negligent in the performance of its maintenance responsibilities.
(b) The Association shall maintain the facilities and equipment within the
Common Area in continuous operation, except for any periods necessary, as determined in the
sole discretion of the Board, to perform required maintenance or repairs, unless at least seventy
five percent (75 of the Members in the Association agree in writing to discontinue such
operation.
Except as provided above, the Common Area shall not be reduced by amendment
of this Declaration or any other means except with the prior written approval of the Founder as
long as the Founder owns any property described within Exhibit "A" of this Declaration.
(c) The costs associated with maintenance, repair and replacement of the
Common Area shall be a Common Expense; provided, the Association may seek reimbursement
from the owner(s) of, or other Person responsible for, certain portions of the Common Area
pursuant to this Declaration, the Covenant to Share Costs, other recorded covenants, or
agreements with the owner(s) thereof.
7.3 Insurance.
(a) Required Coverages. The Association, acting through its Board or its
duly authorized agent, shall obtain and continue in effect the following types of insurance, if
reasonably available, or if not reasonably available, the most nearly equivalent coverages as are
reasonably available:
(i) Blanket property insurance covering "risks of direct physical loss"
on a "special form" basis (or comparable coverage by whatever name denominated) for all
insurable improvements within the Common Area to the extent that the Association has assumed
Double L Ranch
Declaration of Covenants, Conditions and Restrictions
Page 20
rev date Thursday, December 17, 2009
¢:1O. 15O
responsibility in the event of a casualty, regardless of ownership. If such coverage is not
generally available at reasonable cost, then "broad form" coverage may be substituted. All
property insurance policies obtained by the Association shall have policy limits sufficient to
cover the full replacement costs of the insured improvements under current building ordinance
and codes;
(ii) Commercial general liability insurance on the Common Area
insuring the Association and its Members for damage or injury caused by the negligence of the
Association or any of its Members, employees, agents, or contractors while acting on its behalf.
If generally available at reasonable cost, such coverage (including primary and any umbrella
coverage) shall have a limit of at least one million dollars ($1,000,000.00) per occurrence with
respect to bodily injury, personal injury, and property damage; provided, should additional
coverage and higher limits be available at reasonable cost which a reasonably prudent person
would obtain, the Association shall obtain such additional coverages or limits If the policy does
not contain "severability of interest" in its terms, the Association shall acquire an endorsement to
preclude the insurer's denial of a Residential Owner's claim because of negligent acts of the
Association or of other Residential Owners;
(iii) Workers compensation insurance and employers liability
insurance, if and to the extent required by law;
prudent by the Board;
rev date Thursday, December 17, 2009
(iv) Directors and officers liability coverage with policy limits deemed
(v) Commercial crime insurance, including fidelity insurance covering
all Persons responsible for handling Association funds in an amount determined in the Board's
best business judgment but not less than an amount equal to one -fourth (1/4) of the annual Base
Assessments on all Residential Property plus reserves on hand. Fidelity insurance policies shall
contain a wavier of all defenses based upon the exclusion of Person serving without
compensation; and
(vi) Such additional insurance as the Board, in its best business
judgment, determines advisable.
Premiums for all insurance on the Common Area shall be assessed by the Board
as a Common Expense.
(b) Policy Requirements. The Association shall arrange for an annual
review of the sufficiency of its insurance coverage by one or more qualified Persons, at least one
of whom must be familiar with insurable replacement costs in the Lincoln County, Wyoming
area. All Association policies shall provide for a certificate of insurance to be furnished to the
Association and, upon request, to each Member insured.
The policies may contain a reasonable deductible, and the amount thereof shall
not be subtracted from the face amount of the policy in determining whether the policy limits
satisfy the requirements of Section 7.3(a). In the event of an insured loss, the deductible shall be
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Declaration of Covenants, Conditions and Restrictions
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C: 0u451
treated as a Common Expense in the same manner as the premiums for the applicable insurance
coverage. However, if the Board reasonably determines, after notice and an opportunity to be
heard in accordance with Section 7.2(D) of the Bylaws, that the loss is the result of the
negligence or willful misconduct of one or more Owners, their guests, invitees, or lessees, then
the Board may assess the full amount of such deductible against such Owner(s) and their
Residential Property as a Specific Assessment.
of Wyoming;
benefited parties.
insurance clause;
rev date Thursday, December 17, 2009
All insurance coverage obtained by the Board shall:
(i)
Be written with a company authorized to do business in the State
(ii) Be written in the name of the Association as trustee for the
(iii) Not be brought into contribution with insurance purchased by
Owners, occupants, or their Mortgagees individually;
(iv) Contain an inflation guard endorsement;
(v) Include an agreed amount endorsement if the policy contains a co-
(vi) Provide a waiver of subrogation under the policy against any
Owner or household member of an Owner;
(vii) Include an endorsement precluding cancellation, invalidation,
suspension, or non renewal by the insurer on account of any one or more individual Owners, or
on account of any curable defect or violation without prior written demand to the Association to
cure the defect or violation and allowance of a reasonable time to cure;
(viii) Include an endorsement precluding cancellation, invalidation, or
condition to recovery under the policy on account of any act or omission of any one or more
individual Owners, unless such Owner is acting within the scope of its authority on behalf of the
Association;
(ix) Provide that the policy will be primary, even if a Residential
Owner has other insurance that covers the same loss.
In addition, the Board shall use reasonable efforts to secure insurance policies which list the
Owners as additional insureds and provide:
(i) A waiver of subrogation as to any claims against the Association's
Board, officers, employees, and its manager, its attorneys, the Owners and their tenants, servants,
agents, and guests;
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Declaration of Covenants, Conditions and Restrictions
Page 22
paying cash;
(ii) A waiver of the insurer's rights to repair and reconstruct instead of
(iii) An endorsement excluding Owners' individual policies from
consideration under any "other insurance" clause;
(iv) An endorsement requiring at least thirty (30) days' prior written
notice to the Association of any cancellation, substantial modification, or non renewal;
(v) A provision vesting in the Board exclusive authority to adjust
losses; provided, however, no Mortgagee having an interest in such losses may be prohibited
from participating in the settlement negotiations, if any related to the loss.
(c) Restoring Damaged Improvements. In the event of damage to or
destruction of property which the Association is obligated to insure, the Board or its duly
authorized agent shall file and adjust all insurance claims and obtain reliable and detailed
estimates of the cost of repairing or restoring the property to substantially the condition in which
it existed prior to the damage, allowing for changes or improvements necessitated by changes in
applicable building codes.
Policies secured on behalf of a Neighborhood shall be for the benefit of the
Owners within the Neighborhood and their Mortgagees, as their interest may appear.
Damaged improvements on such property the Association is obligated to insure,
including the Common Area, shall be repaired or reconstructed unless at least seventy -five
percent (75 of the total votes in the Association decide within sixty (60) days after the loss not
to repair or reconstruct such improvements. If either the insurance proceeds or estimates of the
loss, or both, are not available to the Association within such sixty (60) day period, then the
period shall be extended until such funds or information are available. However, such extension
shall not exceed sixty (60) additional days. No Mortgagee shall have the right to participate in
the determination of whether the damage or destruction to the Common Area shall be repaired or
reconstructed.
If a decision is made not to restore the damaged improvements, and no alternative
improvements are authorized, the affected property shall be cleared of all debris and ruins and
thereafter shall be maintained by the Association in a neat and attractive, landscaped condition
consistent with the Community -Wide Standard.
Any insurance proceeds remaining after paying the costs of repair or
reconstruction, or after such settlement as is necessary and appropriate, shall be retained by the
Association for the benefit of its Members or the Owners of Residential Properties as
appropriate, and placed in a capital improvements account.
If insurance proceeds are insufficient to cover the costs of repair or
reconstruction, the Board may, without a vote of the Members, levy Special Assessments to
rev date Thursday, December 17, 2009
Double L Ranch
Declaration of Covenants, Conditions and Restrictions
Page 23
cover the shortfall against those p
insurance coverage s Owners responsible for the applicable
c„5
under Section 7.3(a), premiums for the
7.4
Com liance and Enforcement.
rn 1 Ever
violation of the P y with the Governing Every Ow ner and occupant of a
Governing D g Documents. The Board may impose Re f
Property shall co r
procedu set eorth in Section u D is after notice a a Y d sanctions for
limitation: of the B hearing in accord
Bylaws. Such sanctions may include, with the
without
so imposed
nonpayment (a) Imposing reasonable
P Yment of assessments g r the fine monetary fines (which shall not, except in the c
nonpay i Property) In the event that fine
Residential
the Governing constitute a of upon case of
g Documents any occupant, guest or invitee of a Residential P the violator's
the
violates
the provided however, if the fine fine is a posed, the fine shall first e assessed Pagainst
the Board, tpr Owner shall p d by the violator within the ti perio a
circumstance, the
be a shall pay the fine up against
Specific Assessment against the Owner;
from the Board me period set by
The fine, in either
(b) Suspending an Owner's right to vote;
Fishing (c) Suspending any Person's right
shall authorize the Board and o to limit ingress or egress to or from a Suspending to use
Common Area within the Properties; any Fishing however, no Easements,
herein
Residential Property; howoper
Resident herein
Owner's (d) Suspending any services provided b
Ow R si otnti charge Pro owed to the Property if the Owner is by the Association to
more than thirty (30) days delinquent Owner or the
Association; paying any
Governing e) Exercising self-help g Documents in a non-emergency to or taking action to abate
y situation; any violation of the
i mprovements on such Owner's an O
carer's wner, at its own expense, to re
i mprovements oveml Property Residential Property in violation of remove
P rty or any structure located thereon to is Article IV any structure or
Re Owner to P do so, the Bo
the Owneon and restore and or its designee shall have the right and to restore the
previous condition and, upon failure of
the violation tio action shall not property to substantiall g to enter the evious
a non-confirming deemed a trespass. Y the same Condition as property, remove
g Residentiat bee Property p Any costs incurred by proaiduny bringing n d
a Specific Assessment; P y or any structure located thereon into compliance in shall ll e
pliance shall be
(g) gent, employee or other invitee an
f Article IV and the Design to liability
an Owner y Person, precluding any contractor, subcontractor,
gn Guidelines from continuing comply with the terms and
g or performing Provisions
to Properties; and
g �Y further activities in
brio a (h) Levying Specific
g Residential Property Assessments to cover costs inc
P y into compliance with the Governin g Documents.
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Declaration of Covenants, Conditions and Restrictions
Page 24
e Thursday, December 17, 2009
O i .154
(i) In addition, the Board may take the following enforcement procedures to
ensure compliance with the Governing Documents without the necessity of compliance with the
procedures set forth in Section 7.2(D) of the Bylaws: (i) Exercising self -help in any
emergency situation (specifically including, but not limited to, the towing of vehicles that are in
violation of parking rules and regulations); and (ii) Bringing suit at law or in equity to enjoin
any violation or to recover monetary damages or both.
In addition to any other enforcement rights, if an Owner fails to properly perform
his or her maintenance responsibility, the Association may record a notice of violation in the
Public Records or perform such maintenance responsibilities and assess all costs incurred by the
Association against the Residential Property and the Owner as a Specific Assessment. If a
Neighborhood Committee fails to perform its maintenance responsibilities, the Association may
perform such maintenance and assess the costs as a Specific Assessment against all property
within such Neighborhood. Except in an emergency situation, the Association shall provide the
Owner or Neighborhood Committee reasonable notice and an opportunity to cure the problem
prior to taking such enforcement action.
All remedies set forth in the Governing Documents shall be cumulative of any
remedies available at law or in equity. In any action to enforce the Governing Documents, if the
Association prevails, it shall be entitled to recover all costs, including, without limitation,
attorneys fees and court costs, reasonably incurred in such action.
The Association shall not be obligated to take any action if the Board reasonably
determines that the Association's position is not strong enough to justify taking such action.
Such a decision shall not be construed as a waiver of the right of the Association to enforce such
provision at a later time under other circumstances nor shall it estop the Association from
enforcing any other covenant, restriction or rule.
The Association, by contract or other agreement, may enforce applicable county
regulations, if applicable, and permit Lincoln County, Wyoming to enforce regulations within
the Properties for the benefit of the Association and its Members.
7.5 Implied Rights; Board Authority; Powers Delegable. The Association may
exercise any right or privilege given to it expressly by the Governing Documents, or reasonably
implied from or reasonably necessary to effectuate any such right or privilege. Except as
otherwise specifically provided in the Governing Documents, or by law, all rights and powers of
the Association may be exercised by the Board or delegated to a Neighborhood Committee or the
ARC or other committee of the Association without a vote of the membership.
7.6 Indemnification of Officers, Directors and Others. The Association shall
indemnify every officer, director, and committee member against all damages and expenses,
including counsel fees, reasonably incurred in connection with any action, suit, or other
proceeding (including settlement of any suit or proceeding, if approved by the then Board) to
which he or she may be a party by reason of being or having been an officer, director, or
rev date Thursday, December 17, 2009
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Declaration of Covenants, Conditions and Restrictions
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C' %155
committee member, except that such obligation to indemnify shall be limited to those actions for
which liability is limited under Wyoming law.
7.7 Enhancement of Safety. The Association may provide for a security patrol
within the Properties, and the Association may, but shall not be obligated to, maintain or support
certain other activities within the Properties designed to enhance the safety of the Properties.
Neither the Association nor the Founder shall in any way be considered insurers or guarantors of
security within the Properties, nor shall either be held liable for any loss or damage by reason of
failure to provide adequate security or ineffectiveness of security measures undertaken. No
representation or warranty is made that any patrol, systems, or measures, including any
mechanism or system for limiting access to the Properties, cannot be compromised or
circumvented, nor that any such patrol, systems, or security measures undertaken will in all cases
prevent loss or provide the detection or protection for which the patrol or system is designed or
intended. Each Owner acknowledges, understands and covenants to inform its tenants and all
occupants of its Residential Property that the Association, its Board and committees, and the
Founder are not insurers of safety and that each Person using the Properties assumes all risks of
personal injury and loss or damage to property, including the Residential Property and the
contents of their Residential Property, resulting from acts of third parties.
7.8 Powers of the Association Relating to Neighborhoods. The Association shall
have the power to veto any action taken or contemplated to be taken by any Neighborhood
Committee which the Board reasonably determines to be adverse to the interests of the
Association or it Members or inconsistent with the Community -Wide Standard. The Association
also shall have the power to require specific action to be taken by any Neighborhood Committee
in connection with its obligations and responsibilities, such as requiring specific maintenance or
repairs or aesthetic changes to be effectuated and requiring that a proposed budget include
certain items and that expenditures be made therefore.
A Neighborhood Committee shall take appropriate action required by the Association in a
written notice within the reasonable time frame set by the Association in the notice. If the
Neighborhood Committee fails to comply, the Association shall have the right to effect such
action on behalf of the Neighborhood Committee and levy Specific Assessments to cover the
costs, as well as an administrative charge and sanctions.
7.9 Provision of Services. The Association shall be authorized but not obligated to
enter into and terminate, in the Board's discretion, contracts or agreements with other entities,
including Founder, to provide services to and facilities for the Members of the Association and
their guests, lessees and invitees and to charge use and consumption fees for such services and
facilities. By way of example, some services and facilities which might be offered include
concierge services, landscape maintenance, pest control, caretaker services, transportation,
utilities, and similar services and facilities.
7.10 Consolidation of Services. The Association is encouraged to consolidate local
service providers so as to minimize traffic and other impacts to the Properties.
rev date Thursday, December 17, 2009
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Declaration of Covenants, Conditions and Restrictions
Page 26
ARTICLE VIII ASSOCIATION FINANCES
Budgeting and Allocating Common Expenses. At least sixty (60) days before
the beginning of each fiscal year, the Board shall prepare a budget of the estimated Common
Expenses, including any and all expenses associated with the enhancement of safety and the
provision of services as set forth in Sections 7.7 and 7.9, for the coming year, including any
contributions to be made to a reserve fund pursuant to Section 8.3. The budget shall also reflect
the sources and estimated amounts of funds to cover such expenses, which may include any
surplus to be applied from prior years, any income expected from sources other than assessments
levied against the Residential Properties and the amount to be generated through the levy of Base
Assessments and Special Assessments against each.
The Association is hereby authorized to levy Base Assessments against all Residential
Properties subject to assessment under Section 8.7 to fund the Common Expenses. Such
assessments shall be uniform as among each of the like Residential Properties (i.e. Estate Lots or
Hideaway Lots) although assessments do not have to be uniform as between Residential
Properties. In determining the Base Assessment rate per Residential Property, the Board may
consider any assessment income expected to be generated from any additional Residential
Property reasonably anticipated becoming subject to assessment during the fiscal year.
The Founder may, but shall not be obligated to, reduce the Base Assessment for any
fiscal year by payment of a subsidy (in addition to any amounts paid by Founder under Section
8.8(b)), which may be either a contribution, an advance against future assessments due from the
Founder, or a loan, all in the Founder's sole discretion and without obligation. Any such subsidy
shall be disclosed as a line item in the income portion of the budget. The payment of such
subsidy in any year shall not obligate the Founder to continue payment of such subsidy in future
years, unless otherwise provided in a written agreement between the Association and the
Founder.
The Board shall send a copy of the final budget, together with notice of the amount of the
Base Assessment to be levied pursuant to such budget, to each Owner not less than thirty (30)
nor more than sixty (60) days prior to the effective date of such budget. Such budget and
assessment shall automatically become effective unless subject to the limitation on increases of
assessments provided for in Section 8.6.
Failure of the Board to fix assessment amounts or rates or to deliver or mail each Owner
an assessment notice shall not be deemed a waiver, modification, or a release of any Owner from
the obligation to pay assessments. In such event, each Owner shall continue to pay assessments
on the same basis as for the last year for which an assessment was made, if any, until a new
assessment is made, at which time the Association may retroactively assess any shortfalls in
collections.
The Board may revise the budget and adjust the Base Assessment from time to time
during the year, subject to the notice requirements and the limitations on increases of
assessments provided for in Section 8.6.
rev date Thursday, December 17, 2009
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Declaration of Covenants, Conditions and Restrictions
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eb:.57
8.2 Budgeting and Allocating Neighborhood Expenses At least sixty (60) days
before the beginning of each fiscal year, the Board shall prepare a separate budget covering the
estimated Neighborhood Expenses for each Neighborhood on whose behalf Neighborhood
Expenses are expected to be incurred during the coming year. Each such budget shall include
any costs for additional services or a higher level of services which the Owners in such
Neighborhood have approved pursuant to Section 6.4 and any contribution to be made to a
reserve fund pursuant to Section 8.3. The budget shall also reflect the sources and estimated
amounts of funds to cover such expenses, which may include any surplus to be applied from
prior years, any income expected from sources other than assessments levied against the
Residential Properties, and the amount required to be generated through the levy of
Neighborhood and Special Assessments against the Residential Properties in such
Neighborhood.
The Association is hereby authorized to levy Neighborhood Assessments equally against
all Residential Properties which are subject to assessment under Section 8.7 to fund
Neighborhood Expenses; provided, if so specified in the applicable Supplemental Declaration or
if so directed by petition signed by a majority of the Owners within the Neighborhood, any
portion of the assessment intended for exterior maintenance of structures, insurance on
structures, or replacement reserves which pertain to particular structures shall be levied on each
of the benefited Residential Properties in proportion to the benefit received.
The Board shall cause a copy of the Neighborhood budget and notice of amount of the
Neighborhood Assessment for the coming year to be delivered to each Owner in the
Neighborhood not less than forty -five (45) nor more than sixty (60) days prior to the beginning
of the fiscal year; provided, however, if the Neighborhood Assessment is increased from
previous year's Neighborhood Assessment, the Board shall send notice of the increase by the
first class mail to the Owners not less than thirty (30) nor more than sixty (60) days prior to the
increased Neighborhood Assessment becoming due. Such Neighborhood budget and
Neighborhood Assessment shall automatically become effective unless subject to the limitation
on increases of assessments provided for in Section 8.6.
Failure of the Members to approve a Neighborhood Assessment or failure of the Board to
fix assessment amounts or rates or to deliver or mail each Owner an assessment notice shall not
be deemed a waiver, modification, or a release of any Owner from the obligation to pay
assessments. In such event, each Owner shall continue to pay Neighborhood Assessments on the
same basis as for the last year for which an assessment was made, if any, until a new assessment
is made, at which time the Association may retroactively assess any shortfalls in collections.
The Board may revise the budget for any Neighborhood and the amount of any
Neighborhood Assessment from time to time during the year, subject to the notice requirements
and the limitations on increases of assessments provided for in Section 8.6.
8.3 Budgeting for Reserves. The Board shall prepare and review at least annually a
reserve budget for the Common Area and other assets of the Association and for each
Neighborhood for which the Association maintains capital items as a Neighborhood Expense.
The budgets shall take into account the number and nature of replaceable assets, the expected life
Double L Ranch
Declaration of Covenants, Conditions and Restrictions
Page 28
rev date Thursday, December 17, 2009
000158
of each asset, and the expected repair or replacement cost. The Board shall include in the
Common Expense budget adopted pursuant to Section 8.1 or the Neighborhood Expense budgets
adopted pursuant to Section 8.2, as appropriate, a capital contribution to fund reserves in an
amount sufficient to meet the projected need with respect both to amount and timing by annual
contributions over the budget period.
8.4 Special Assessments. In addition to other authorized assessments, the
Association may, subject to the limitations of Section 8.6, levy Special Assessments to cover
unbudgeted expenses or expenses in excess of those budgeted. Any such Special Assessment
may be levied: (i) against the entire membership if such Special Assessment is for Common
Expenses; or (ii) against an individual Residential Property or Neighborhood if such Special
Assessment is for an unbudgeted expense relating to less than all of the Residential Properties.
Special Assessments shall be payable in such manner and at such times as determined by the
Board, and may be payable in installments extending beyond the fiscal year in which the Special
Assessment is approved. The Board shall provide notice of the Special Assessment by first class
mail to the Owners not less than thirty (30) nor more than sixty (60) days prior to the Special
Assessment becoming due.
8.5 Specific Assessments. The Association shall have the power to levy Specific
Assessments against a particular Residential Property as follows:
(a) To cover the Association's expenses associated with the provision of
landscaping maintenance to each Hideaway Lot in accordance with Sections 5.1 and 7.2(a)(iii);
(b) Costs, including overhead and administrative costs, of providing services
to a Residential Property upon request of an Owner pursuant to any menu of special services
which may be offered by the Association (which might include items identified in Section 7.9).
Specific Assessments for special services may be levied in advance of the provision of the
requested service; and
(c) To cover costs incurred in bringing a nonconforming Residential Property
into compliance with the Governing Documents, or costs incurred as a consequence of the
conduct of the Owner or occupants of a nonconforming Residential Property, their agents,
contractors, employees, licensees, invitees, or guests; provided, the Board shall give the
nonconforming Residential Owner prior written notice and an opportunity for a hearing, in
accordance with Section 7.2(D) of the Bylaws, before levying any Specific Assessment under
this subsections (c).
The Association may also levy a Specific Assessment against a Residential
Property within any Neighborhood to reimburse the Association for costs incurred in bringing
the Neighborhood into compliance with the provisions of the Governing Documents, provided
the Board gives prior written notice of the assessment to the Owners in the Neighborhood and an
opportunity for such Owners to be heard before levying any such assessment.
8.6 Limitation of Increases of Assessments. Notwithstanding any provision to the
contrary, and except for assessment increases necessary for emergency situations or to reimburse
rev date Thursday, December 17, 2009
Double L Ranch
Declaration of Covenants, Conditions and Restrictions
Page 29
k0 .59
the Association pursuant to Section 8.5, the Board may not impose a Base Assessment or a
Neighborhood Assessment that is more than twenty percent (20 greater than each of those
assessments for the immediately preceding fiscal year, nor impose a Special Assessment which
in the aggregate exceeds five percent (5 of the budgeted Common Expenses for the current
fiscal year, without a majority vote of a quorum of the Members which are subject to the
applicable assessment at a meeting of the Association, or action without meeting by written
ballot in lieu thereof be conformance with the Wyoming Business Corporations Act signed by all
of the Members of the Association.
For purposes of this Section, "quorum" means more than fifty percent (50 of the total
voting power of the Association subject to the applicable assessment. For purposes of this
Section, the term "Base Assessment" shall be deemed to include the amount assessed against
each Residential Property plus a pro rata allocation of any amounts the Association received
through any subsidy or maintenance agreement, if any, in effect for the year immediately
preceding the year for which the assessment is to be increased.
An emergency situation is any one of the following:
(a) An extraordinary expense required by an order of a court;
(b) An extraordinary expense necessary to repair or maintain the Properties or
any part of them for which the Association is responsible where a threat to personal safety on the
Properties is discovered; or
(c) An extraordinary expense necessary to repair or maintain the Properties or
any part of them for which the Association is responsible which could not have been reasonably
foreseen by the Board in preparing and distributing the pro forma budget pursuant to Section 8.1.
However, prior to the imposition or collection of such an assessment, the Board shall pass a
resolution containing written findings as to the necessity of the extraordinary expense involved
and why the expense was not or could not have been reasonably foreseen in the budgeting
process. Such resolution shall be distributed to the Members with the notice of such assessment.
8.7 Authority to Assess Owners; Date of Commencement of Assessments; Time
of Payment. The Founder hereby establishes and the Association is authorized to levy
assessments as provided for in this Article and elsewhere in the Governing Documents. Subject
to Section 8.1 and 8.8, the obligation to pay the assessments provided for herein shall commence
as to all Residential Properties on January 1, 2010. The first annual assessment shall be adjusted
according to the number of days remaining in the fiscal year at the time assessments commence
on the Residential Property.
Assessments shall be paid in such manner and on such dates as the Board may establish.
The Board may require advance payment of assessments at closing of the transfer of title to a
Residential Property and impose special requirements for Owners with a history of delinquent
payment. If the Board so elects, assessments may be paid in two or more installments. Unless
the Board otherwise provides, the Base Assessment and any Neighborhood Assessment shall be
due and payable in advance on the first day of each fiscal year. If any Owner is delinquent in
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Declaration of Covenants, Conditions and Restrictions
Page 30
rev date Thursday, December 17, 2009
e0ul6 0
paying any assessments or other charges levied on his or her Residential Property, the Board may
require the outstanding balance on all assessments to be paid in full immediately.
8.8 Personal Obligation.
(a) Owner's Obligation for Assessments. Each Owner, by accepting a deed
or entering into a recorded contract of sale for any portion of the Properties, is deemed to
covenant and agree to pay all assessments authorized in the Governing Documents. All
assessments, together with interest (computed from its due date at a rate of eighteen percent
(1 8%) per annum or such other rate as the Board may establish, subject to the limitations of
Wyoming law), late charges as determined by Board resolution, costs, and reasonable attorneys'
fees, shall be the personal obligation of each Owner and a lien upon each Residential Property
until paid in full. Upon a transfer of title to a Residential Property, the grantee shall not be
personally liable for any assessments and other charges due at the time of conveyance unless
expressly assumed by him/her, but such transferred Residential Property shall remain subject to
any liens imposed upon it pursuant to Section 8.9 herein. No first Mortgagee who obtains title to
a Residential Property by exercising the remedies provided in its Mortgage shall be liable for
unpaid assessments which accrued prior to such acquisition of title.
Failure of the Board to fix assessment amounts or rates or to deliver or mail each
Owner an assessment notice shall not be deemed a waiver, modification, or a release of any
Owner from the obligation to pay assessments. In such event, each Owner shall continue to pay
Base Assessments and Neighborhood Assessments on the same basis as during the last year for
which an assessment was made, if any, until a new assessment is levied, at which time the
Association may retroactively assess any shortfalls in collections.
No Owner may exempt himself from liability for assessments by non -use of
Common Area, abandonment of his Residential Property or any other means. The obligation to
pay assessments is a separate and independent covenant on the part of each Owner. No
diminution or abatement of assessments or set -off shall be claimed or allowed for any alleged
failure of the Association or Board to take some action or perform some function required of it,
or for inconvenience or discomfort arising from the making of repairs or improvements, or from
any other action it takes.
The Association shall, upon request, furnish to any Owner liable for any type of
assessment a certificate in writing signed by an Association officer setting forth whether such
assessment has been paid. Such certificate shall be conclusive evidence of payment. The
Association may require the advance payment of a reasonable processing fee for the issuance of
such certificate.
(b) Founder's Obligations for Assessments. The Founder is subject to the
payment of assessments against Residential Properties which it owns; provided, however, any
Residential Property that the Founder owns which does not include a structural improvement for
human occupancy shall be exempt from payment of that portion of any such assessment which is
for the purpose of defraying expenses and reserves directly attributable to the existence and the
rev date Thursday, December 17, 2009
Double L Ranch
Declaration of Covenants, Conditions and Restrictions
Page 31
use of the structural improvements. The exemption may include, but is not necessarily limited to
refuse disposal.
The Founder shall also be exempt from the payment of that portion of any
assessment which is for the purpose of defraying expenses and reserves directly attributable to
the existence and use of any Common Area that is not complete at the time assessments
commence. Any exemption from the payment of assessments attributed to the Common Area
shall be in effect only until such area has been placed into use.
The Association is specifically authorized to enter into subsidy contracts or
contracts for "in kind" contribution of services, materials, or a combination of services and
materials with the Founder or other entities for payment of Common Expenses subject to the
Bylaws. The Founder's payment of assessments may be reduced or abated by the agreed value
of any such services or materials provided by Founder, in accordance with any such contract or
agreement with the Association.
8.9 Lien for Assessments. The Association shall have a lien against each Residential
Property to secure payment of delinquent assessments, as well as interest, late charges (subject to
the limitations of Wyoming law), and costs of collection (including attorneys' fees). Such lien
shall be superior to all other liens, except (a) the liens of all taxes, bonds, assessments, and other
levies which by law would be superior, and (b) the lien or charge of any first Mortgage of record
(meaning any recorded Mortgage with first priority over other Mortgages) made in good faith
and for value. Such lien, when delinquent, may be enforced by suit, judgment, and judicial or
non judicial foreclosure as provided for by Wyoming law.
The sale or transfer of any Residential Property shall not affect the assessment lien or
relieve such Residential Property from the lien for any subsequent assessments. However, the
sale or transfer of any Residential Property pursuant to foreclosure of the first Mortgage shall not
extinguish the lien as to any installments of such assessments due prior to the Mortgagee's
foreclosure, such liens to become a deficiency judgment against the foreclosed owner. The
subsequent Owner to the foreclosed Residential Property shall not be personally liable for
assessments on such Residential Property due prior to such acquisition of title. Such unpaid
assessments shall be deemed to be Common Expenses collectible from Owners of all Properties
subject to assessment under Section 8.7, including such acquirer, its successors and assigns.
8.10 Exempt Property. The following property shall be exempt from payment of
Base Assessments, Neighborhood Assessments, and Special Assessments:
(a) Any property dedicated to and accepted by any governmental authority or
public utility; and
(b) Any property owned by the Founder and used for sales, resales or
administration purposes.
rev date Thursday, December 17, 2009
Double L Ranch
Declaration of Covenants, Conditions and Restrictions
Page 32
Cti061.611.
PART FOUR: COMMUNITY DEVELOPMENT
ARTICLE IX EXPANSION OF THE COMMUNITY
e031.62
9.1 Expansion by the Founder. Until the Founder has sold 75% of the Residential
Properties subject to this Declaration, the Founder may annex additional properties into the
regime of this Declaration provided such property is contiguous to the properties currently
encumbered by this Declaration. Such annexation shall be accomplished by filing a
Supplemental Declaration in the Public Records describing the property to be annexed and
specifically subjecting it to the terms of this Declaration. Such Supplemental Declaration shall
not require the consent of Members, but shall require the consent of the owner of such property,
if other than Founder. Any such annexation shall be effective upon the filing for record of such
Supplemental Declaration unless otherwise provided therein.
9.2 Additional Covenants and Easements. The Founder may subject any portion of
the Properties to additional covenants and easements, including covenants obligating the
Association to maintain and insure such property and authorizing the Association to recover its
costs through the various Assessments as provided for herein. Such additional covenants and
easements may be set forth either in a Supplemental Declaration subjecting such property to this
Declaration or in a separate Supplemental Declaration referencing property previously subjected
to this Declaration. If the property is owned by someone other than Founder, then the consent of
the owner(s) shall be necessary and shall be evidenced by their execution of the Supplemental
Declaration. Any such Supplemental Declaration may supplement, create exceptions to, or
otherwise modify the terms of this Declaration as it applies to the subject property in order to
reflect the different character and intended use of such property.
9.3 Effect of Filing Supplemental Declarations. Any Supplemental Declaration
filed pursuant to this Article shall be effective upon recording in the Public Records unless
otherwise specified in such Supplemental Declaration. On the effective date of the Supplemental
Declaration, any additional property subjected to this Declaration shall be assigned voting rights
in the Association and assessment liability in accordance with the provisions of this Declaration.
Any additional property subjected to this Declaration may be made a part of a Neighborhood
hereunder and subject to Neighborhood Assessments.
9.4 Budget Considerations. As additional property is annexed to the Properties
pursuant to this Article IX, the budget of the Association may be affected, as well as assessment
obligations of the Owners as a result thereof. In this event, any budget affecting the assessment
obligations of the Owners shall be recalculated as of the end of the Association's fiscal year in
which the additional property was annexed into the Association.
rev date Thursday, December 17, 2009
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Declaration of Covenants, Conditions and Restrictions
Page 33
ARTICLE X ADDITIONAL RIGHTS RESERVED TO
FOUNDER AND CERTAIN OWNERS
004.'4.63
The following rights are reserved to Founder, its successors and assigns, and certain
specified Owners:
10.1 Withdrawal of Property. The Founder reserves the right to amend this
Declaration so long as it has a right to annex additional property pursuant to Article IX, without
prior notice and without the consent of any Person, for the purpose of removing property then
owned by the Founder, its affiliates, or the Association from the coverage of this Declaration, to
the extent originally included in error or as a result of any changes in the Founder's plans for the
Properties, provided such withdrawal is not unequivocally contrary to the overall, uniform
scheme of development for the Properties.
10.2 Marketing and Sales Activities. The Founder reserves the right to maintain and
carry out upon portions of the Common Area, and any Residential Properties owned by Founder
such facilities and activities as, in the sole opinion of the Founder, may be reasonably required,
for the sale of Residential Properties, including, but not limited to, signs, construction of sales
pavilions and other forms of advertising.
The Founder shall also have the right to conduct marketing and sales activities on all
property that it owns. The Founder shall have easements for access over the Properties to and use
of such facilities together with the right to attract, invite or bring prospective purchasers of
Residential Properties into any Residential Property owned by Founder at all times.
10.3 Right to Develop. The Founder and its successors, assigns, employees, agents
and designees shall have a right of access and use and an easement over and upon all of the
Common Area for the purpose of making, constructing and installing such improvements to the
Common Area and any Residential Property owned by the Founder as the Founder deems
appropriate in its sole discretion. The Founder agrees that it or the Person exercising such
easement shall be responsible for any damage caused to the Common Area as a result of the
exercise of the easement.
Every Person that acquires any interest in the Properties acknowledges that the Double L
Ranch is a master planned community, the development of which is likely to extend over many
years, and agrees not to protest, challenge or otherwise object to changes in uses or density of
property outside the Neighborhood in which such Person holds an interest.
10.4 Right to Approve Additional Covenants. So long as Founder, or its affiliates or
subsidiaries, owns any property described on Exhibit "A" hereto, no Person shall record any
declaration of covenants, conditions and restrictions, or declaration of condominium or similar
instrument affecting any portion of the Properties without Founder's review and written consent.
Any attempted recordation without such consent shall result in such instrument being void and of
no force and effect unless subsequently approved by written consent signed by the Founder and
recorded in the Public Records.
rev date Thursday, December 17, 2009
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Declaration of Covenants, Conditions and Restrictions
Page 34
:i164
10.5 Right to Approve Changes in Community Standards. No amendment to or
modification of any Master Rules and Regulations or Design Guidelines shall be effective
without prior notice to and the written approval of Founder so long as the Founder owns property
subject to this Declaration or which may become subject to this Declaration in accordance with
Section 9.1.
10.6 Ri ht to Transfer or Assi n Founder Ri hts. Any or all of the special rights
and obligations of the Founder set forth in this Declaration may be transferred in whole or in part
to other Persons; provided, the transfer shall not reduce an obligation or enlarge a right beyond
that which the Founder has under this Declaration. No such transfer or assignment shall be
effective unless it is in a written instrument signed by the Founder and duly recorded in the
Public Records. The foregoing sentence shall not preclude Founder from permitting other
Persons to exercise, on a one -time or limited basis, any right reserved to Founder in this
Declaration where Founder does not intend to transfer such right in its entirety, and in such case
it shall not be necessary to record any written assignment unless necessary to evidence Founder's
consent to such exercise.
10.7 Exclusive Rights to Use Name of Development. No Person shall use the name
"Double L Ranch" or any derivative of such name in any printed or promotional material without
the Founder's prior written consent. However, Owners may use the name "Double L Ranch" in
printed or promotional matter where such term is used solely to specify that particular property is
located within the Double L Ranch, and the Association shall be entitled to use the words
"Double L Ranch" in its name.
10.8 Special Districts. The Founder hereby reserves the right to create an assessment,
water, road or any other type of special district or improvement service district which, in its sole
opinion, are beneficial to the Properties. The Association and each and every Owner, by
accepting a deed to a Residential Property, agrees to cooperate with Founder in creating and
implementing such district. Nothing in this Section shall create an obligation on Founder to
create or implement such districts.
10.9 Right to Appoint Members of Board and Committees of Board. The Founder
hereby reserves the right to appoint all members of the Board of Directors of the Association and
all members of the committees of the Board, including but not limited to the Neighborhood
Committees and the Architectural Review Committee.
10.10 Right to Amend the Plats. The Founder hereby reserves to itself, its successors
and assigns the right to partially vacate and rePlats any of the Properties owned by Founder
subject to any applicable regulations of Lincoln County, Wyoming Notwithstanding the
foregoing, Founder shall not be required to get the consent of any adjacent Property Owners
prior to exercising this right.
10.11 Right to Delay Commencement of Association Meetings or Assessments. The
Founder hereby reserves the right to delay the commencement of Association meetings or to
delay implementation of Association assessments as required hereunder and in the Bylaws.
rev date Thursday, December 17, 2009
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Declaration of Covenants, Conditions and Restrictions
Page 35
C'O i165
10.12 Termination of Rights. The rights contained in this Article X shall not terminate
until the recording by Founder of a written statement that eighty -five percent (85 of the
Residential Properties have been sold to owners not affiliated with Founder. Founder may from
time to time relinquish and surrender one or more but less than all of the reserved rights, in
which event the unrelinquished reserved rights shall remain fully valid and effective for the
remainder of the term thereof.
rev date Thursday, December 17, 2009
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Declaration of Covenants, Conditions and Restrictions
Page 36
60TAGG
PART FIVE: PROPERTY RIGHTS WITHIN THE COMMUNITY
The nature of living in a planned community requires the creation of special property rights and
provisions to address the needs and responsibilities of the Owners, the Founder, the Association,
and others within or adjacent to the community.
ARTICLE XI EASEMENTS
11.1 Easements in Common Area. The Founder grants to each Owner a
nonexclusive right and easement of use, access, and enjoyment in and to the Common Area,
subject to:
(a) The Governing Documents and any other applicable covenants;
(b) Any restrictions or limitation contained in any deed conveying such
property to the Association;
(c) The right of the Board to adopt rules regulating the use and enjoyment of
the Common Area, including rules limiting the number of guests who may use the Common
Area.
(d) The right of the Board to suspend the right of an Owner to use recreational
facilities within the Common Area (i) for any period during which any charge against such
Owner's Residential Property remains delinquent, and (ii) for a period not to exceed thirty (30)
days for a single violation or for a longer period in the case of any continuing violation of the
Governing Documents after notice and a hearing pursuant to Section 7.2(D) of the Bylaws;
(e) The right of use and enjoyment of the Common Area to the members of
his or her family, and social invitees, as applicable, subject to reasonable regulation by the
Board.
11.2 Easements for Drainage, Utilities, Snow Storage, Etc..
(a) All dedications, limitations, restrictions and reservations of easements,
including those for drainage, shown on any final map of the Properties are incorporated herein by
reference and made a part of this Declaration for all purposes as if fully set forth in this
Declaration.
(b) The Founder reserves for itself, so long as the Founder owns any property
described on Exhibit "A" of this Declaration, and grants to the Association and all utility
providers, perpetual non exclusive easements within the roads and utility easement areas
described on the Plats (but not through a structure) to the extent reasonable necessary for the
purpose of:
rev date Thursday, December 17, 2009
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Declaration of Covenants, Conditions and Restrictions
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00°167
(i) Installing utilities and infrastructure, including without limitation,
cable and other systems for sending and receiving data and/or other electronic signals; security
and similar systems; walkways, pathways and trails; drainage systems and signage; to serve the
Properties;
(ii) Inspecting, maintaining, repairing and replacing such utilities and
infrastructure to serve the Properties; and
(iii) Access to read utility meters.
(c) Founder also reserves for itself the non exclusive right and power to grant
and record in the Public Records such specific easements as may be necessary, in the sole
discretion of Founder, in connection with the orderly development of any property described on
Exhibit "A
(d) All work associated with the exercise of the easements described in
subsections (b) and (c) of this Section shall be performed in such a manner as to minimize
interference with the use and enjoyment of the property burdened by the easement. Upon
completion of the work, the Person exercising the easement shall restore the property, to the
extent reasonably possible, to its condition prior to the commencement of the work. The
exercise of these easements shall not extend to permitting entry into the structures on any
Residential Property nor shall it unreasonably interfere with the use of any Residential Property
and, except in an emergency, entry onto any Residential Property shall be made only after
reasonable notice to the Owner or occupant.
(e) All Residential Properties and the Common Area are burdened with a
snow storage easement to provide for the orderly removal and storage by the Association of
snow from the Properties.
11.3 Easements to Serve Additional Property. The Founder hereby reserves for
itself and its duly authorized agents, successors, assigns, and mortgagees, an easement over the
Common Area for the purposes of enjoyment, use, access, and development of any property
annexed into the community, whether or not such property is made subject to the Declaration.
This easement includes, but is not limited to, a right of ingress and egress over the Common
Area for construction of roads and for connecting and installing utilities on such property.
11.4 Easements for Maintenance, Emergency and Enforcement. The Founder
grants to the Association easements over the Properties as necessary to enable the Association to
fulfill its maintenance responsibilities in Article V and under Section 7.2. The Association shall
also have the right, but not the obligation, to enter upon any Residential Property but not to enter
any structure thereon, for emergency, security, and safety reasons, to perform maintenance and
to inspect for the purpose of ensuring compliance with and to enforce the Governing Documents.
Such right may be exercised by any member of the Board and its duly authorized agents and
assignees, and all emergency personnel in the performance of their duties.
rev date Thursday, December 17, 2009
Double L Ranch
Declaration of Covenants, Conditions and Restrictions
Page 38
11.5 Easements for Fishing.
C-06168
a. Fishing Access Easements. The owners of a Lots 29 and 30 shall take
title to their Lots subject to certain non exclusive access rights for fishing purposes hereby
established through Fishing Access Easements burdening certain Lots 29 and 30 as depicted in
separate recorded instruments. Founder reserves the right to vacate the Fishing Access
Easements or portions thereof and grant additional access easements over Residential Properties
as may be necessary for the development of the community.
b. Fishing Easements. The Owner's Estate Lots 11, 12, 13, 14, 21, 22, and
26 shall take title to their Residential Properties subject to a Right of Way Easement in favor of
the State of Wyoming, Wyoming Game and Fish Commission which easement provides for
stream bank and river access for fishing in Salt River. Every Owner of a Residential Property
shall benefit from this easement, subject to any fishing rules and regulations that may be adopted
by the Association. Founder reserves the right to vacate the Fishing Easements or portions
thereof if Founder obtains adequate replacement fishing easements, and fishing access
easements, if such access easements are necessary, in the Founder's sole and absolute discretion,
on property adjacent to the Properties, and conveys to the Association replacement fishing rights
on such replacement fishing easements and fishing access easements.
11.6 Easements for Cross Drainage. Every Residential Property shall be burdened
with easements for natural drainage of storm water runoff from other portions of the Properties
and for drainage and water runoff from the Open Space; provided, no Person shall alter the
natural drainage on any Residential Property to increase materially the drainage of storm water
onto adjacent portions of the Properties or the Open Space without the consent of the Owner(s)
of the affected property and the Board.
11.7 Easement for Emergency Vehicles. The Properties are hereby burdened with an
easement allowing all policemen, firemen, ambulance personnel, and similar emergency
personnel entry to perform their duties, including the enforcement of traffic regulations.
11.8 Title to and Use of Roads. Flywater Trail shall be retained in ownership by the
Owners of the Estate Lots over which it passes. Each Owner and occupant of a Estate Lot and
Hideaway Lot and each of their guests or invitees shall have a non exclusive easement and right
of -way to use such roadway system as shown on the Plats, for vehicular and pedestrian ingress,
egress, access to and from their Residential Property and for private road purposes.
The Association shall have the right to control vehicular circulation through the
Properties by such means as establishing speed limits, by installing speed bumps or by any other
means reasonably adopted by the Association.
11.9 Easements for Landing Aircraft. Every Owner of a Residential Property by
acceptance of a deed therefore acknowledges that the Property is burdened with an overhead
easement for low -flying aircraft and that the Open Space and Golf Course is burdened with and
easement for the landing, taking off and taxiing of aircraft, provided such activities are in
rev date Thursday, December 17, 2009
Double L Ranch
Declaration of Covenants, Conditions and Restrictions
Page 39
conformance with all rules and regulations of the Federal Aircraft Administration and other
applicable laws, rules and regulations. C
11.10 Temporary Construction Easement. The Founder hereby reserves a temporary
nonexclusive easement burdening all Residential Properties and the Common Area. Such
construction shall include, but not be limited to, grading, landscaping, installation of utilities, and
completion of water features. When such construction is complete, this Temporary Construction
Easement shall terminate.
rev date Thursday, December 17, 2009
Double L Ranch
Declaration of Covenants, Conditions and Restrictions
Page 40
006170
PART SIX: RELATIONSHIPS WITHIN AND OUTSIDE THE COMMUNITY
The growth and success of the Double L Ranch as a community in which people enjoy living,
working, and playing requires good faith efforts to resolve disputes amicably, attention to and
understanding of relationships within the community and with our neighbors, and protections of
the rights of others who have an interest in the community.
ARTICLE XII— DISPUTE RESOLUTION AND LIMITATION ON LITIGATION
12.1 Consents for Association Litigation. Except as provided in this Section, the
Association shall not commence a judicial or administrative proceeding without the approval of a
majority of a quorum of the Members. This Section shall not apply, however, to (a) actions
brought by the Association to enforce the Governing Documents (including, without limitation,
the foreclosure of liens); (b) the collection of assessments; or (c) counterclaims brought by the
Association in proceedings instituted against it. This Section shall not be amended unless such
amendment is approved by the percentage of votes, and pursuant to the same procedures,
necessary to institute proceedings as provided above.
12.2 Alternative Method for Resolving Disputes. The Founder, the Association, its
officers, directors, and committee members, if any, all Persons subject to this Declaration, and
any Person not otherwise subject to this Declaration who agrees to submit to this Article
(individually, "Bound Party and collectively, "Bound Parties agree to encourage the amicable
resolution of disputes involving the Properties, without the emotional and financial costs of
litigation. Accordingly, each Bound Party covenants and agrees that those claims, grievances or
disputes described in Section 12.3 shall be resolved using the procedures set forth in Section 12.4
in lieu of filing suit in any court.
12.3 Claims. Unless specifically exempted below, all Claims arising out of or relating
to the interpretation, application or enforcement of the Governing Documents, or the rights,
obligations and duties of any Bound Party under the Governing Documents shall be subject to
the provisions of Section 12.4.
Notwithstanding the above, unless all parties thereto otherwise agree, the following shall
not be Claims and shall not be subject to the provisions of Section 12.4:
(a) Any suit by the Association against a Bound Party to obtain a temporary
restraining order (or equivalent emergency equitable relief) and such other ancillary relief as the
court may deem necessary in order to maintain the status quo and preserve the Association's
ability to enforce the provisions of Article III and Article IV;
(b) Any suit between Owners, which does not include Founder or the Association
as a party, if such suit asserts a Claim which would constitute a cause of action independent of
the Governing Documents, if the amount in controversy exceeds five thousand dollars ($5,000);
rev date Thursday, December 17, 2009
(c) Any suit in which any indispensable party is not a Bound Party;
Double L Ranch
Declaration of Covenants, Conditions and Restrictions
Page 41
O6A o i
(d) Any suit as to which the applicable statute of limitations would expire within
one hundred twenty (120) days of the Request for Resolution pursuant to Section 12.4, unless the
party or parties against whom the Claim is made agree to toll the statute of limitations for such
periods as may be reasonably be necessary to comply with this Article; and
With the consent of all parties thereto, any of the above may be submitted to the
alternative dispute resolution procedures set forth in Section 12.4
12.4 Mandatory Procedures.
(a) Request for Resolution. Any Bound Party having a Claim "Claimant"
against any other Bound Party "Respondent (collectively, the "Parties shall notify each
Respondent in writing (the "Request for Resolution stating plainly and concisely:
Respondent;
the Claim arises);
rev date Thursday, December 17, 2009
(i) The nature of the Claim, including the Persons involved and
(ii) The legal basis of the Claim (i.e., the specific authority out of which
(iii) Claimant's proposed remedy; and
(iv) That Claimant will meet with Respondent to discuss in good faith
ways to resolve the Claim; and
(v) That Respondent must respond to the Request for Resolution within
thirty (30) days of its receipt or it will be deemed to have been rejected.
(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 Request for Resolution, the Board may appoint a representative to
assist the Parties in negotiation.
(ii) If the Respondent rejects the Request for Resolution, or Parties do not
resolve the Claim within ninety (90) days of the date of acceptance of the Request for Resolution
(or within such other period as may be agreed upon by the Parties) "Termination of
Negotiations Claimant shall have thirty (30) additional days to submit the Claim to mediation
under the auspice of an independent mediation agency providing dispute resolution services in
the Lincoln County, Wyoming area.
(iii) If Claimant does not submit the Claim to mediation within such time,
or does not appear for the mediation, Claimant shall be deemed to have waived the Claim, and
Respondent shall be forever released and permanently discharged from any and all liability to
Double L Ranch
Declaration of Covenants, Conditions and Restrictions
Page 42
Foi192
Claimant on account of such Claim; provided, nothing herein shall release or discharge
Respondent from any liability to any Person other than the Claimant.
(iv) Any settlement of the Claim through mediation shall be documented
in writing by the mediator and signed by the Parties. If the Parties do not settle the Claim within
thirty (30) days after submission of the matter to the mediation, or within such time as
determined by the mediator, the mediator shall issue a notice of termination of the mediation
proceedings "Termination of Mediation The Termination of Mediation notice shall set forth
that the Parties are at an impasse and the date that mediation was terminated.
(v) Within five (5) days of the Termination of Mediation, the Claimant
shall make a final written settlement demand "Settlement Demand to the Respondent, and the
Respondent shall make a final written settlement offer "Settlement Offer to the Claimant. If
the Claimant fails to make a Settlement Demand, Claimant's original Request for Resolution
shall constitute the Settlement Demand. If the Respondent fails to make a Settlement Offer,
Respondent shall be deemed to have made a "zero" or "take nothing" Settlement Offer.
12.5 Allocation of Costs of Resolving Claims.
(a) Subject to Section 12.5(b), each Party shall bear its own costs, including
attorneys fees, and each Party shall share equally all charges rendered by the mediator(s) "Post
Mediation Costs
(b) Any Award which is equal to or more favorable to Claimant than
Claimant's Settlement Demand shall add Claimant's Post Mediation Costs to the Award, such
costs to be borne equally by all Respondents. Any Award which is equal to or less favorable to
Claimant than any Respondent's Settlement Offer shall award to such Respondent its Post
Mediation Costs.
12.6 Enforcement of Resolution. After resolution of any Claim, if any Party fails to
abide by the terms of any agreement or Award, then any other Party may file suit or initiate
administrative proceedings to enforce such agreement or Award without the need to again
comply with the procedures set forth in Section 12.4. In such event, the Party taking action to
enforce the agreement or Award shall be entitled to recover from the non complying Party (or if
more than one non complying Party, from all such Parties pro rata) at all costs incurred in
enforcing such agreement or Award, including, without limitation, attorneys' fees and court
costs.
12.7 Board Authorization. The Board may perform any act reasonably necessary to
institute, defend, settle, or intervene on behalf of the Association in binding arbitration, non-
binding arbitration, mediation, litigation, or administrative proceedings in matters pertaining to
(a) enforcement of the Governing Documents, (b) damage to the Common Area, (c) damage to
the Residential Properties which arises out of, or is integrally related to, damage to the Common
Area, or (d) any other civil claim or action.
rev date Thursday, December 17, 2009
Double L Ranch
Declaration of Covenants, Conditions and Restrictions
Page 43
rev date Thursday, December 17, 2009
ARTICLE XIII AMENDMENT OF DECLARATION
Double L Ranch
Declaration of Covenants, Conditions and Restrictions
Page 44
OOu173
13.1 By Founder. In addition to specific amendment rights granted elsewhere in this
Declaration, until conveyance of the first Residential Property to an Owner unaffiliated with
Founder, Founder may unilaterally amend or repeal this Declaration for any purpose. Thereafter,
the Founder may unilaterally amend this Declaration if such amendment is necessary to (i) bring
any provision into compliance with any applicable governmental statute, rule, regulation, or
judicial determination; (ii) enable any reputable title insurance company to issue title insurance
coverage on the Residential Properties; (iii) enable any institutional or Federal National
Mortgage Association or Federal Home Loan Mortgage Corporation, to make purchase, insure or
guarantee mortgage loans on the Residential Properties; or (iv) to satisfy the requirements of any
local, state or federal governmental agency. However, any such amendment shall not adversely
affect the title to any Residential Property unless the Owner thereof shall consent in writing.
13.2 By Members. Except as otherwise specifically provided above and elsewhere in
this Declaration, this Declaration may be amended only by the affirmative vote or written
consent, or any combination thereof, of at least seventy -five percent (75 of the Members.
Notwithstanding the above, the percentage of votes necessary to amend a specific clause
shall not be less than the prescribed percentage of affirmative votes required for action to be
taken under that clause. In addition, certain sections of the Declaration may not be amended by
the Members without the consenting vote or written approval of the affected parties as follows:
(a) No amendment may remove, revoke, or modify any right or privilege of
the Founder without the written consent of the Founder.
13.3 Validity and Effective Date. If an Owner consents to any amendment to this
Declaration or the Bylaws, it will be conclusively presumed that such Owner has the authority to
consent, and no contrary provision in any Mortgage or contract between the Owner and a third
party will affect the validity of such amendment.
Any amendment shall become effective upon recording in the Public Records, unless a
later effective date is specified in the amendment. Any procedural challenge to an amendment
must be made within thirty (30) days of its recordation, or such amendment shall be presumed to
have been validly adopted. In no event shall a change of conditions or circumstances operate to
amend any provisions of this Declaration.
By:
Name:
Title:
IN WITNESS WHEREOF, the undersigned Founder has executed this Declaration the
date and year first written above.
ming limi
DOUB RA CH 3 LC,
a W d lia compan
B.
Name: L.A.tj o
Title: ,lie/r"
DOUBLE
a Wyo
H 4, LLC,
liabilit
STATE OF
COUNTY OF 1.I_.. 1/)(`.()I1)
My commission expires:
rev date Thursday, December 17, 2009
)ss
On this F day of C_ 2009, before me personally appeared
.v\oe 00.4e 07) s', personally known to me, or proved to me on the basis of
satisfactory evidence, to be the person whose name is subscribed within this instrument and
acknowledged to me that he executed the same in his authorized capacity, and that by his
signature on this instrument, the entities upon behalf of which the person acted executed this
instrument.
WITNESS my hand and official seal.
Double L Ranch
Declaration of Covenants, Conditions and Restrictions
Page 45
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All of the land described under the Certificate of Surveyor on the plat of Double L' Ranch
West Subdivision, Lincoln County, Wyoming of record in the Office of the Clerk of
Lincoln County with Accession No. 927422; AND
All of the land described under the Certificate of Surveyor on the plat of Double L' Ranch
East Subdivision, Lincoln County, Wyoming of record in said Office with Accession No,
927425; AND
All ate and described under the Certificate of Surveyor on the plat of Double L Ranch
East phase II Subdivision, Lincoln County, Wyoming of record in said Office with
Accession No, 950568; AND
All of the land described under the Certificate of Surveyor on the plat of Double L Ranch
III, a Subdivision, Lincoln County, Wyoming of record in said Office with Accession No.
950571; ANY
All of the land described in the Corporation Warranty Deed recorded in the Offico of the
Recorder ofBonneville County, Id io,wi No. 1127$11,
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8 December 2009
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"Maditication In any way of the foregoing description terminates debility of the surveyor'
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