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Home My WebLink About893672B'OOK.~ DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR p . MOUNTAINVIEW TOWNHOMES ADDITION This is a Declaration of Covenants, Conditions and Restrictions regulating and controlling the use and development of real property known as MountainvieW Townh0mes Addition to the ToTM Wyoming according t° that plat filed in the Office of the Lincoln CoUnty Clerkas Plat No...~ /M;Cmade effective on the filing thereof by High Country Holdings, LLC a'Wy°ming Limited Liabili~ompany, owner of Mountainview Townhomes Addition, hereinafter referred to as "'Declarant". Section 1. Purpose. Declarant is the owner of Mountainview Townhomes Addition which has been approved by the town of Alpine, Wyoming, for seven single family attached townhome unit~_ which will each share a party wall on their respective Lots 1, 2, 3 & 4 (including future::dev~.!~pab)} lots Section 2. Declaration. Declarant hereby declares that Mountainview Townhomes A_dditi.O_~( and any part hereof, shall be owned, sold, conveyed, encumbered, leased, used, occupidd', and:deve~loped subject to the following covenants, conditions and restrictions. These covenants shall:~m-n with Mountainview Townhomes Addition, or any portion thereof, and shall be binding upon all parties having or acquiring any legal or equitable interest in or title to property, and shall inure to the benefit of all the owners of the property or any part thereof. Section 3 Party_ Wall Maintenance. (a) Each wall as a part of the original construction of the four Single family attached townhome units on each lot which constitutes the dividing line between the units built thereOn shall constitute a party wall. (a) The costs of routine repair and maintenance of a party wall shall be equally shared by the owners of the single family attached units. Each party is licensed by the other to enter on the other partY's premises at reasonable times with advanced notice and permission granted by the other party t° make necessary excavations or do other work necessary to repair or restore the party wall. The general rules of law regarding party walls and liability for property damage due to negligence or willful acts of omissions shall apply . thereto. The right of any owner to contribution from any other owner under these covenants shall be appurtenant to and run with the land. 1 (b) The exterior of the single family attached units shall be maintained in accordance with the general standards set forth in the Mountainview Townhomes Homeowner's Association Bylaws. Section 4 Insurance. Each owner of a single family attached townhouse unit shall keep their respective unit insured against loss by fire, with extended coverage provisions, to the full insurable value thereof, with the Mountainview Townhomes Homeowner's Association named as a co-insured. A copy of the insurance policy or any renewal documents shall be supplied to the Mountainview Townhomes Homeowner's Association on an annual basis. In the event that an owner fails to maintain insurance on the unit to its full insurable value, the Mountainview Townhomes Homeowner's Association may procure the insurance in which event the amount paid by the association shall constitute a lien upon the unit until Such time that the unit owner fully reimburses the homeowners association for any insurance premiums paid on their behalf. Section 5 Association. A non-profit Mountainview Townhomes Homeowner's Association shall be created by the Declarant and every person or entity who is a record owner of a Mountainview Townhome which is subject to these covenants of record to assessment by the Association shall be a member of the Association, provided that any such person or entity who holds such interest merely as a security for the performance of an obligation shall not be a member. Membership shall be appurtenant to and may not be separated from ownership of the townhouse unit wlfich is subject to assessment. The rights, duties, assessments and other obligations of the Association shall be governed by these Covenants and by the Certificate of Incorporation, together with its general powers as a non-profit corporation, subject only to the limitations upon the exercise of such powers as are expressly set forth in the Articles, Bylaws and these covenants, and to do any and all lawful things which may be authorized, required or permitted to be done by the Association. The Association shall accept oWnership of any common services or area that may be deeded or dedicated by the Declarant to the Association. The Purpose of the Association shall primarily be for maintenance of the common areas and party walls, and for such other uses as are reasonably necessary in creating and maintaining four townhouse units and the common areas and party walls. Section 6. Indemnification. The costs to the Association shall include all costs to indemnify and save harmless Declarant, the officers and Board of Directors of the Association and agents thereof, their successors and assigns, from and against any and all claims, suits, action, damages and/or causes of action arising from any personal injury, loss of life and/or 2 damage to property sustained on or about the property, if any, or any appurtenances thereto ,~rising out of the installation, operation or maintenance of common services from and against all costs, counsel fees, expenses and liabilities incurred in and about any such claim, the investigation thereof or the defense at any levels of any action or Proceedings brought thereon, and from and against any orders, judgments and/or decrees which may be entered therein. Included in the foregoing provisions for indemnification are any expenses that the Declarant, officers and Board of Directors of th~ Association and agents thereof, their successors and assigns, may be compelled to incur in bringing suit for the purpose of enforcing rights hereunder, or for the purpose of compelling the specific enforcement of the provisions, conditions covenants and restrictions contained in these covenants. Further, the costs of the Association of indemnifying the Declarant, officers and Board of Directors of the Association shall include all costs and expenses whatsoever incurred in the pursuance of their duties, obligations and functions hereunder and in any legal defense of such actions (including, without limitation, counsel fees and costs at all levels of any trial or proceeding, costs of investigation and discovery, and recovery etc.). Section 7. Enforcement. The Mountainview Townhomes Homeowner's Association and each townhouse unit owner shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of these covenants. Every owner of a townhonse unit hereby consents to the entry of an injunction, judgment or lien against him or her or his Or her tenants or guests, to terminate and restrain any violation of these covenants or for the nonpayment of assessments due. Any lien imposed for nonpayment of assessments may carry interest at the highest rate allowed by law for consumer loans, plus all costs and attorney's fees. Any owner who uses or allows his or her lot to be used or developed in violation of these covenants further agrees to pay all costs incurred by the Board of Directors of the Association, or other lot owner in enforcing these Covenants, including reasonable attorney's fees whether or not suit is actually filed. Section 8. Assessments. Each member is obligated to pay the Association monthly (Homeowner AssociationDues) and any special assessments which are secured by a continuing lien upon the property against which the assessment is made. Any dues or assessments which are not paid when due shall be delinquent. If the dues or assessment(s) are not paid within sixty (60) days after the due date, the asseSsment shall bear interest from the date of delinquency at the rate of ten percent (10%) per annum, and the Association may bring an action at law against the 3 4Owner personally obligated to pay the same or foreclose the lien against the property, and interest, costs, and reasonable attorney's fees of any such action shall be added to the amount of such assessment. No owner may waive or otherwise escape liability of the assessments provided 0~ -~?~.~or herein by non use of the Common Area or abandonment of his or her Lot. Section 9. Rules and Regulations. The Board of Directors has the power and discretion to enact a set of reasonable Rules and Regulations for the benefit of all members of the Mountainview Townhomes Homeowners Association. The Board may also create and implement a frae schedule to address violations of said Rules and Regulations. Section 10. Amendment. These covenants may be amended by a written instrument signed by seventy five percent (%75) of the owners. Any such amendment shall become effective upon recording with the Lincoln County Clerk. IN WITNESS WHEREOF, This Declaratio~nditions and Restrictions is ~ executed this ~ HMjThagcionugntMr~m27~ing s, LLC ~ STATE OF WYOMING ) ) COUNTY OF TETON ) e foregoing instrument was acknowledged before me this .~CX)~'~ by Robert C. Sanford as Managing Member. WITNESS my hand and official seal. ~'/~ dayof Notary Public My Commission expires: ~O.~. 4