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HomeMy WebLinkAbout900935 qooqzB ALPENEt~F~U~DIVISION '~, PROPERTY OWNEI~,~J,~-~'~(~'IATiON AGREEi~i'EN'~I. l? I~::' -~ t, '. ARTICLE I ~; ~,;:'~"i~ < Declaration of Policy RECEIVED LIt,ICOLI',I COLlt',ITY CLERI.( WFIEREAS, the undersigned CLARENCE L. REINHART, DOROTHY I. REINHART, GANELLE E3~WARDS, REINHART/EDWARDS LLC, THREE RIVERS CONSTRUCTION, INC., as "Developers" and as Property Owners of and within that certain subdivision known as "Alpendorf more specifically described in "Exhibit A" and WHEREAS, said Developers and Property Owners have determined thai il would be in the best interest of all parties hereto to form a "Property Owners Association" for the purpc:se of administering and maintaining the "Common Areas" of said subdivision which are specifically shown on Exhibit A attached hereto, labeled "Common Areas", made part of this document by reference and incorporation' and NOW THEREFOR::_, for and in consideration of the mutual covenants and conditions hereof, and other valuable consideration, the receipt and sufficiency of Which is hereby acknowledged, ;tis hereby expressly understood and agreed as follows: 1. That said subc ivision has certain "Common Areas" and "Needs" including but not limited to commor utilities and services more specifically described as follows: (a) (b) (c) (d) (e) (f) Water system including wells. Sewage System. Street,~?, roads, sidewalks, alleys, parking areas, parks and other common grounds. Electcical services and fixtures servicing such common areas. Snow Collection and removal in such common areas. Specific ground keeping and yard work for the appropriate seasGns. 2. That there is a common need to obtain public liability and other liability insurance relating to the arkas and activities associated therewith. 3. That the above~ referenced Property Owner's Association shall be formed for the purpose of admini:;t~ring and maintaining the above referenced common area and needs, and shall be the "managing body". BOWl?RS & A~%'DCIA TES IA W OFFICES. PC P O. BOA' 1550 AFTO~ WY 83110 Ooz) 885-0640 'z(%'OCL4 'f/ON.4 GREEMENT P,-I Gl? 1 OF 1 o ARTICLE Il Definitions 1. "Common/~ ilea" shall mean the entire area of the Alpendorf Subdivision, Alpine, Lincoln County, V','.~yorning, per the recorded plal thereof, less and excepting building lots contained the:rein and shall include only roads, streets, sidewalks, alleys, parking area, parks, and O'ther common grounds. Provided, however, that Clarence Reinhart or Dorothy Reinhart. or Ganelle Edwards by a majority vote may declare at anytime that any area in ihe Alpendorf Subdivision is not part of the common area or is part of the common area, whether shown on the plat or not shown on the plal. This right will continue until such date that Clarence Reinhad or Dorothy Reinhart or Ganelle Edwards do not own any interest (personally or through an entity) in the Subdivision. 2. "Property O4/ner" means any person or entity, at any time owning one or fnore lots or division within the Alpendorf Subdivision as shown on "Exhibit B". The term Property Owner shall not refer to any mortgage, unless such mortgagee has acquired title pursuant to foreclosur~ or any proceeding in lieu of foreclosure. ARTICLE III Membership, Voting Power and Determination _ of Property Rights 'and h ~terests 1. Membership'shall be evidenced by ownership of a lot or lots in the Alpendorf Subdivision. 2 There shall be one membership in the Property Owner's Association for each parcel owned in the Alpendorf Subdivision. If title to a parcel is held by more than one person, the membership relating to that parcel shall be shared by all such persons · in the same proportion and interest and the same type of tenancy in which title to the parcel is held. .. 3. No person or entity other than the owner may be a member ol~ the Association. The membe's shall not assign nor transfer its membership except in connection with the trans%r, or sale of a lot(s). Every person or entity who is an owner o1: a lot(s) included in the Alnandorf Subdivision for which this Association has or may be .designated as the manag'ement body shall be required to be a member of the association and remain a..member so long as such person or entities shall retain the ownership of the lot(s). Membership in the Association is declared to be appurtenant to the title of the property, upon which such membership is based and automatically shall BOWEl, S ,f.: ,"ISSOCIA TES .LA'W OFFICES. PC P. O. BOX 1550 AIT'IDN~. WY&il 10 (307) 8~'5-o64o A sso CIA 7'[ON .4 GREEMF, NT P.:t (;'1;~' 2 OF 10 pass with the sale or tran'sfer of Ihe title of the lot(s). ~--)~OO.:_,),~c~ 4. The voting rights and interests of a member of the Association and each member's pro-rata respon,sibility and liability for assessments as hereinafter provided shall be determined by effecting a ratio of the total square footage of the parcel of real ground owned in the Alper'~dorl: subdivision and adding to it (all floors) of all buildings constructed on owner membe'r's parcel in relation to the total square footage of all parcels in the Alpendorf st bdivision and (all floors) of all buildings constructed'in said Alpen.dorf Subdivision, it 3,aing the intent to ensure equal voting rights and liabilities for assessments based upo~ percentage of the size of t ~e parcel and buildings existing from time to time in said Subdivision. Therefore the voting rights and interests o1: each member/owner will not in" fill cases be equal and may change from time to time.' "Exhibit C" attached hereto shall set forth the initial percentage inierest of each member in the common area and Plercentage of responsibility for assessments. The voting rights and interests of new members shall be determined in the same way as such percentage interests and rights were determined for old members. 5. The voting ,'i(jhts of the members shall be exercised 'in person or by proxy vote. If a proxy vote is utilized, it will contain a portion stating that the member is giving express permission for another person to vote for them or that they are unable to attend the meeting and they wish:their vote to be excepted in writing. If the member is incapacitated their voting rights may be exercised by the person or entity exercising the power of attorney for the member. In the event no person or entity is exercising the power of the attorney for ttie incapacitated member then the Board of Directors may allow anot.her person or entity assisting the member with their estate to exercise the members voting rights. 6. Each member shall be liable for the payment of assessments for the payment and discharge of. liabilities incurred by the Association in the discharge of its duties i'n maintaining and servicing the common areas and needs of the Alpendorf Subdivision. Said assessments shall be fixed by the Board of Directors as they determine necessary to cover said expenses and shall be due and payable within fifteen (15) days of writte:'~ !notice 'of as, sessment by the Board of Directors. Notice shall be declared given by regis:tered mail. 7. The total. Periodic assessment against all lots shall be based upon advanced estimates of cash requirements by the Association to provide for the payment of all estimated expenses growing out of or connected wilh the maintenance and operation of the Common Area of furnishing electrical, water, sewer and or snow removal services, and other common services, to each parcel owner, to the extent not separately metered and/~, billed to a specific lot, Which estimates may include, among BOWERS & A,5,'SOCIA TES L..t W OFFICES, PC P. O. BO.}( 1550 .4FTDN, Wl'83110 (307) 6'85-0640 ASSOC{A?IONA GREE,¥1ENT P ('E 3 OF 10 other things, expenses of management; taxes and special assessments, until the lots are separately assessed as provided herein; premiums for all insurance which the Association is required or pprm tted to maintain pursuant hereto; landscaping and care of grounds; common lightiq~ and heating; water charges; snow removal; sewer service charges; repairs and maintbnance; wages for Association employees applicable; legal and accounting fees; any deficit remaining from a previous period; the creation of a reasonable contingency reserve, surplus and/or'sinking funds; and afiy other expenses and liabilities which may be' incurred by the Association for the benefit of the Property Owners. Each Lot owner ahd/or building will be required to install and maintain a water meter to meter their water tisage of their of their business and/or establishment. The cost of installation and mairiltenance will be born by the owner. The Association will fix an amount to be charged ::c~r the water usage which will be based on .the meterinq system. The Association sl!:~all have discretion as to when the water metering system to be installed and will give t!.~e owners at least thirty (30) days written notice before the implementation of the water metering system is to go into affect. All water meters must be first approved by the Board of Directors of the Association and meet their requirements, in the eventian owner or occupier of any Lot, structure or building fails or refuses to install a water meter, the Association may install the water meter and all costs, including reasonable attorney fees related to the installati.on of the water meter, will be born by the Lot owner. The Association shall charge a connection fee, a disconnection fee, and an ~idditional fee for late payments as it shall set from time to time. The Association will set these fees pursuant to the provisions provided in this Association Agreement.. ~ 8. All sums assessed to any Property Owner pursuant to paragraph 5 above together with interest the~eron at the h ghest lawful rate not to exceed one and one-half (1½Yo) percent per month/e ghteen (18%) percent per annum shall be secured by a lien on such lot in favor of the,'.Assoc ation upon recordation of a notice of assessment as herein provided. Such lien Shall he superior to all other liens and encumbrances on such lot except only for: (a) valid tax and special assessment liens in favor of any government assessing aL, thority; (b) a lien for all sums unpaid on a first mortgage duly recorded including all unpaid obligatory advances to be made pursuant to such mortgage and secured by the lien thereof in accordance with the terms of such instrument; (c)labor and :,~naterialmen's liens, to the extent required by law. 9. To create a lien for sums assessed pursuant to this Property Owner s Association, the Associatibn may prepare a written notice of assessment setting forth the amount of the assessment, the date due, the amount remaining unpaid, the name of the record owner of tho lot(s) and a description of the lot(s). Such a notice shall be signed by the Association and may be recorded in the office of the county recorder. No Notice of Assessment shal!l be recorded until there is a delinquency in payment of the assessment. Such lien m~, be enforced by sale by the Association after failure of the BOWERS & A~qSOCL4 TES LA W OF?~CES. PC P O. BOXI550 AFl'ON. WY 831 I0 007) sas-o~4o . .'A, SSOCIA TION AGREEMENT PA GE 4 017 10 owner to pay such assessment in accordance with its terms, such sale to he conducted in the manner permitteo by law in Wyoming for the exercise of power of sale in deeds of trust or any other ma nner permitted by law. 10. The amount of any periodic or special assessment against any Property Owner shall be the personal obligation of the Property Owner thereof to the Association· Suit to recover a money jud§ment for such personal obligation shall be maintainable by the AS.~'ociation without foreclosure or waiver of the liens during the same. No owner may avoid or diminish such personal obligation by waiver of the use and enjoyment of any of the Common Area or related services or abandonment of his lot(s). 11. In the event it's necessary for the Association to retain legal counsel in order to enforce any of the terms or conditions of this Property Owners Associalion Agreement, or to collect any of the assessrnents herein created from any lot owner(s), the Association shall be entitled to collect, in addition, a reasonable attorney's fee and costs incurred in the enforcement of this Agreement ARTICLE 111 Board of Directors B 0 tVERS &: A.~'S'OCL4 TES LA iV Dh~¥CES. PC P. O. BOX 1550 AI~'TON, W}'83110 (307) 885-0640 1. The business affairs of the Property Owner's Association shall be managed and controlled t)y a Board of Directors. The original Board of Directors shall be three (3); however, th~!; Board of Directors may be increased by amendment to these Declarations, pro2ided, however, that the number of directors shall not be increased to more than,'five (5) nor less than three (3). 2. The initial Board of Directors wil consist of Clarence Reinhart, Dorothy Reinhart and Ganelle Edwards. These members will serve on the Board until their resignation, incapacity or until they do not own any interest within the Alpendorf Subdivision as shown on Exhibit B. In the event ol the death o.r incapacity of one of the initial members of the Board of Directors, the remaining two (2) members of the Board of Directors shall appoint a replacement to serve. These initial Board of Directors shall not be subject to removal except for resignation, incapacity or they no longer own any real property in the herein described Alpendorf Subdivision as shown on Exhibit B. As long as 'Clarence Reinhart, Dorothy Reinhart and Ganelle Edwards, individually, or through any entity, own any portion of lhe real property located in the Alpendorf Subdivision, !hey will consist of the Board of Directors. At such time that none of them own any real property in the Alpendod Subdivision as shown on Exhibit A SS O CIA TION,4 GREEA lENT I'. 1 ~71,: 5 01? 10 C, then the owners will elecl a Board and the following provisions of election and removal will apply. As long as any of the initial Board of Directors own anY interest in the real property, development or business entity operating on the real property subject to this Association Agreement they shall continue to serve as the Board of Directors and shall authority to amend this agreement with or without the 'consent of the then current property owners. 3. Once the in/lial Boazd of Directors no longer serve the new Directors must be members of the Association and shall be elected by the members at their annual meeting. At each alection for Directors, each member entitled to vote shall have the right to cast for any one or more nominees for Director a number of votes equal to the number of votes whica attach to his membership pursuant to these Declarations, multiplied by the number of Directors to be elected. Directors will serve the term of one year or until their successors are duly elected and qualified. After such time that Clarence Reinhart. Dorothy Reinhart and Ganelle Edwards, individually, or through any entity, do not own any pr~.'perty within the Alpendorf subdivision, the Association may appoint one person to se'"-,/e on the Board who is not a member of the Association. 4. Any Director' may be removed with or without cause by a vote of two- thirds (2/3) of the total number of votes entitled to be cast by the members of the association at a meeting called for that purpose. Any Director may resign by submitting a written notice to the Board of Directors stating the effective date of his resignation, and'acceptance of the resignation shall not be necessary to make it effective. 5. Any vacanc'y occurring on the Board o1: Directors whether by removal, resignation, death or otherwise shall be filled by a majority of the remaining Directors, though less than a quoruna of the Board, A Director elected to fill a vacancy on the Board of Directors shall hold office until the next annual election of Directors and until his successor is duly elected and qualified. 6. There shall 0e a regular annual meeting of the Board of Directors immediately following the annual meeting of the members of the Association, and the board may establish regul'ar meetings to be held at such other places and at such other times as it may detdrmine from time to time: 7. At any mee'ting of the Board of Directors a majority of the qualified directors shall constitute a quorum. If a quorum is present, the action of a majority oi: the directors present and voting shall be the act of the Board of Directors. If a quorum is not present, the majority of the directors present may adjourn the meeting from time to time without further notice other than announcement at the meeting. BOWERS c~ A~'SOCIA TES k,,I W OFFICES. PC P.O BOXI550 A F~I ()N. WY 83110 (307J 885-0640 ?SSOCIATYON AGREEMENT P.4C£ 6 Ol.~ 10 :*:':~ ".';, ' ",'I 0-900.93 - 8. This Properly Owner's Association may be altered, amended, Or repealed by a majority vote of the initial Board of Directors or after none of them are no .longer serving a two-third's vote of the membersh p of the Association at any annual or special meeting, provided that the notice of such meeting states that such amendment, alteration, or repeal is to be considered. ARTICLE IV Officers 1. GENERAL- The officers of the Association shall be a President, one or more Vice-Presidents, and a Secretary-Treasurer, all of whom shall be elected by the Board of Directors to serve at the pleasure of the Board. 2. PRESIDENT: The President shall be the principal executive officer of the the Association and, subject to the control of the Board of Directors, shall direct, supervise, coordinate, and have general control over the affairs of the Association, and shall have the powers generally attributable to the chief executive officer of an Association. The Presi'dent shall be a director and shall preside at all meetings of the members of the Association. 3. VICE-PRE~IDENT: A Vice-President shall act in the place of tile President in case of his death, absence, inability, or failure to act and shall perform such other duties and have such authority as from time to time delegated to him by lhe Board of Directors or by the President. The Vice-President shall be a director; however, if the Board of Directors elects more than one Vice-President only one so elected need be a director. 4. .SECRETARY-TREASURER' The Secretary-Treasurer shall be the custodian of the records and the seal of the Association and shall affix the seal to all documents requiring the same and shall see that all notices are duly given in accordance with the prov!sions of this Agreement as required, and that the books, reports and other documents and records of the Association are properly kept and filed. He shall deposit al', funds in the name of and to the credit of the Association in such bank and deposito';'ies as shall be designated by the Board of Directors. He shall keep books of account and records of his transactions and of the financial condition of the ASsociation and shall submit such reports thereof as the Board of Directors may from time to time require, and in general shall perform all the duties incident to the office of Secretary-Treasurer and such other duties as may from time to time be assigned to him by the B°ard of Directors or the President. BOWtr-RS ~f~ A,ff~ffOCIA 7`ES LA l.Y OFfiTCES. PC P. O~ BOX 1550 AFIDN. WYSJlIO 007) 885-0640 A SSO C/A TIO. N A GR EEMENT ?.-1 GE 7 f) F ! 0 · i ! , ! 5. The Board }f Directors may adopt an Association seal of such design as may be appropriate. 6. The names and addresses of the initial Board of Directors are as follows: Clarence L. Reinhart P. O. Box 32~58 Alpine, Wyoming 83128 Dorothy I. Reinhart P. O. Box 3258 Alpine, Wyoming 83128 Ganelle Edwards. P. O. Box 3258 Alpine, WY 83128 IN WITNESS WHERE OF been executed this 15 day of .~ n ~ , this Property Owners Association Agreement has ,2004. GANELLE EDW-A]:.:]~ S ~ R E iN] l ART/ED WARI) S 'L L C THREE P, AVERS CONSTRUCTION, ]NC., A SSO CL,I TION A GR EEMEN T PA Gli' ~' 4)F ! 0 STATE OF WYON'hrNG COUNTY OF LINCOLN ) ) ss ) The foregoing linstrument was acknoxvledt~cd to be Fore me by CLAID~NCE L. REIHNART and DOROTHY' 1. ILEINHART on the }.5~ clay of ,.)c~ n e~ ,2004.. STATE OF WYOMING COUNTY OF LINCOLN The foi'egoing :instrument was acknowledged to before me by GANELLE EDWARDS on the _I.5 (,.ay of_ -.J~r~ e ,2004. WITNE,S=S rW hand and official seal. AR_Y P'~J- ~BLI'C BOI'VERS & A,ff,S'OCIA TES l..4 IV OFPYCES. PC P. O. 110~'1550 AI;"ION. WY 83110 (307) 885~0640 /tSSOCIA TION.4 GREEII lENT P,,i G£ 9 OF 10 STATE OF WYOMING COUNTY OF LINCOLN 0 00,,)35 476 who appeared before me'and was personally known to me, and was by whom duly sworn and upon oath represenfe~d that he/she was the L'o~o:,_~Ln.q_rz~m_b ~r of REINI-[ART/EDWARDS LLC i that the instrument was signet('on behalf of REINHART/EDWARDS LLC by the authority of the board o l' d rectors or trustees I:hereo t; acknowledged the instrument to be the fi-ee act and deed of REINIiiART/EDWAILDS LLC, this 15,._dayof ,)l.~,~_ . .,2004. -WITNESS my hand and official seal. My Commission Expires: STATE OF WYOIdlNG ) ) SS. COUNTY OF LINCOLN ) NOTARY PUBLIC The foregoing instrument was acknowledged bclbre me by ~ co7~3_7 ~ ~ t,q [nc, c~, who appeared before me and was personally known to me, and was by whom duly sworn and upon oath represented that he/she was the ~)c e 5', ct ~ n-~- of TIIREE RIVERS CONSTRUCTION, INC., that the instrument was signed on behalf of THREE RIVERS CONSTRUCTION, INC., by the authority of the board of directors or trustees thereof, acknowledged the instrument to be the free act and deed of TI-iREE RIVERS CONSTRUCTION, INC., this [~ day of .3c, n ~ , 2004. BOIFERS & ASROCL4 TES IM W OFFICES. PC P. O. flOX1550 ,4FTON. I$Q'83110 (.~o7) 885-ot54o WITNESS my hand and official seal. My Commission Ex~.pires: NOTARY PUBLIC · ,~t~~':?'' ......... 7-,"-;5.-~---;'- '-T_~ - L~1.1 i .......... . AS~OCIA 7'ION ,,1GREEMENT PA (5'l? / 0 0t: 10 d %L.~. 090, 01 ] ?', <[ · \ JUL-06-2004 TUE 05:06 PM THREE RIVERS OONST F~ NO. 13076547287 P. 02 ALPENDORF SUBDMSION Lincoln County, Wyondng (Being Part of the SE ¼ SW ~A and the SW ¼ SE ¼ Section 20 T 37NR 1.18W) EXItlBIT B .... Ownership Lot 4:--Clarence & Dorofl~y Reinhart and G. B Edwards Lot 3--Three Rivers Construc't~ion, All of Alpendorf Subdivision, Lincoln County, Wyoming, less the "Conmmn Areas" shown on the Area Map shown as Exl~'~it A, less Lots 4 and 3-Reh~hart Edwards, LLC.