DECLARATION
OF PROTECTIVE COVENANTS,
CONDITIONS,
RESTRICTIONS AND EASEMENTS FOR
River Terrace SUBDIVISION
THIS
DECLARATION is made this _______ day of ___________________, 2007, by Bruce and Bruce, LLC,
("Declarant").
ARTICLE 1 ‑ GENERAL
Section 1.1: Common Interest Community: The name of the common
interest community created by this Declaration is "River Terrace".
All of the community is located in
Section 1.2: Property Affected: Declarant owns certain real property in
Section 1.3: Purpose of Declaration: This Declaration is executed and recorded
(a) to provide for the Property Owners Association to maintain non‑public
roads within the Property and to perform certain functions for the benefit of
Owners of land within the Property; (b) to define the duties, powers and rights
of the Property Owners Association; and, (c) to define certain duties, powers
and rights of Owners.
Section 1.4: Declaration: Declarant hereby declares that each lot,
parcel or portion of River Terrace Subdivision, is and shall be held, sold
conveyed, encumbered, hypothecated, leased, used, occupied and improved subject
to the following terms, covenants, conditions, easements and restrictions, all
of which are declared and agreed to be in furtherance of a general plan for the
protection, maintenance, subdivision, improvement and sale of the Property, and
to enhance the value, desirability and attractiveness of the Property. The
terms, covenants, conditions, easements and restrictions set forth herein: (i)
shall run with the land constituting the Property, and shall be binding upon
all persons having or acquiring any right, title or interest in the Property or
any lot, parcel or portion thereof; (ii) shall inure to the benefit of every
lot, parcel or portion of the Property and interest therein; (iii) shall inure
to the benefit of and be binding upon Declarant, Declarant's successor in
interest and each grantee or Owner and such grantee's or Owner's respective
successors in interest; and, (iv) may be enforced by Declarant, by any Owner or
such Owner's successors in interest, or by the Association as hereinafter
described.
ARTICLE 2 ‑ DEFINITIONS
Section 2.1: Architectural Control Committee: "Architectural Control Committee"
shall mean the committee created pursuant to Article 6.
Section 2.2: Articles: "Articles" shall mean the Articles
of Incorporation of the Association or other organizational or charter
documents of the Association.
Section 2.3: Assessments: "Assessments" shall mean those
payments required of Association Members, including Regular, Special and
Limited Assessments of the Association as further defined in this Declaration.
Section 2.4: Association: "Association" shall mean the River
Terrace Property Owners' Association.
Section 2.5: Association
Documents:
"Association documents" shall mean the various operative
documents of the Association, including: (a) the Articles of Incorporation of
the Association; (b) the Bylaws of the Association; and, (c) this Declaration,
and all Amendments to any of the aforementioned documents.
Section 2.6: Board
of Directors:
"Board of Directors" or "Board" shall mean the Board
of Directors of the Association.
Section 2.7: Bylaws: "Bylaws" shall mean the Bylaws of
the Association.
Section 2.8: Committee: "Committee" shall mean the
Architectural Control Committee.
Section 2.9: Community: "Community" as used herein shall
refer to the Existing Properties considered as a whole.
Section 2.10: Declarant: "Declarant" shall mean the Bruce and
Bruce, LLC, and any successor bulk purchaser of the subdivision lots whom is
designated in writing recorded with the Office of Recorder of Boise County,
Idaho by the Bruce and Bruce, LLC as a successor Declarant.
Section 2.11: Declaration: "Declaration" shall mean this
Declaration of Covenants.
Section 2.12: Existing Property: "Existing Property" shall mean the
real property described on Exhibit A. "The Property" or the “the Subdivision” shall mean the
Existing Property, together with any additional properties which are annexed to
the Existing Property pursuant to Section 8.2(A) herein. Either term shall
include any improvements now or hereafter made on such real property and
appurtenances and rights to such real property.
Section 2.13: Field Lots: "Field Lots" shall mean the
following Lots: Lots 1 through 5 and
Lots 19 through 29, as shown on the Plat.
Portions of the Field Lots are to be maintained pursuant to the terms of
Section 3.24 below.
Section 2.14: Improvements: "Improvements" shall include
buildings, outbuildings, roads driveways, parking areas, fences, screening
walls, retaining walls, stairs, decks, hedges, windbreaks, plantings, planted
trees and shrubs, poles, signs and all other structures or landscaping
improvements of every type and kind.
Section 2.15: Lot: "Lot" shall mean a parcel of land
subject to this Declaration which is identified as a
Section 2.16: Member: "Member" shall mean a member of the
Association, who must be an Owner. Membership in the Association shall be
appurtenant to and may not be severed from ownership of a
Section 2.17: Owner: The term "Owner" shall refer to
that person or entity or those persons or entities who hold the ownership
interest in any Lot as shown on the records of the County Recorder, Boise
County, Idaho; such term shall also include any person, persons, entity or
entities who succeed to such recorded interest by any means, including buyers
under executory contracts of sale and excluding those holding an interest
merely as security for the performance of an obligation.
Section 2.18: Person: "Person" shall mean a natural
person, a corporation, a partnership, or any other entity recognized as being
capable of owning real property under
Section 2.19: Plat: "Plat" shall mean the final plat,
filed of record with the Boise County Office of Recorder.
Section 2.20: Record, Recorded: "Record" and "Recorded"
shall mean, with respect to any documents, the recordation of said document in
the Office of the
Section 2.21: Rules and Regulations: "Rules and regulations" shall mean
the rules and regulations adopted by the Board of Directors concerning the
operation of the Association.
Section 2.22: Structure: "Structure" shall include
buildings, outbuildings, fences, walls, stairs, decks and poles.
ARTICLE 3 ‑ LAND USES AND IMPROVEMENTS
Section 3.1: Land Use and Living Units: All of the subject lots in the Existing
Property shall be used and occupied solely for single family residential,
private recreational, or agricultural purposes, as allowed herein. Pending sale
of Declarant's lots, and regarding lots otherwise owned which are placed under
Declarant's management, Declarant and Declarant's successors may engage in
agricultural activities on such lots, including but not limited to crop or hay
production, grazing and/or timber harvesting.
Nothing in these Covenants shall be viewed as limiting or prohibiting
Declarant's right to do so and to thereby, qualify agricultural or timber exemption
for
A. No buildings other than one detached
residence, a private garage for the use of the occupants of such residence, and
such other usual and appropriate outbuildings strictly incidental and
appurtenant to a private residence, shall be erected or maintained on any
parcel. No use whatsoever shall be made of any parcel herein other than as the
site and grounds of a private residence. The term "private residence"
as used herein is intended to exclude every form of multi‑family
dwelling, boarding or lodging house, and the like; and, any separate rental of
any separate dwelling unit shall be specifically determined to be multi-family
dwelling. This is not, however, intended
to exclude a guest house, a house for family members, or caretakers' quarters
for persons employed upon the premises, if such guest, family member’s, or
caretaker's housing is allowed by applicable Boise County Ordinances, and upon
approval of the Architectural Control Committee and septic system
qualification.
B. No structure of a temporary character, to
specifically include mobile homes, pre‑manufactured homes, modular homes,
basement, shack, garage, barn or other outbuilding shall be used on any lot at
any time as a residence, either temporarily or permanently except during the
period of construction as defined and limited by Section 6.8 and except as may
be permitted by this Section 3.1(B) below; nor shall any residential structure
be moved on to any lot from any other location, unless the prior written
approval of the Architectural Control Committee is obtained, such approval to
be obtained in the same manner as for new construction. Notwithstanding the foregoing, pre-manufactured
homes may be permitted if they do not appear to be the traditional manufactured
home generally rectangular in nature with a low pitched roof, in the sole
discretion of the Architectural Control Committee. Cedar home packages, log home packages, and
homes that are pre-built in a modular fashion, may be permitted if found to be
of appropriate design and character in the sole discretion of the Architectural
Control Committee.
C. Visitors and guests may park a camper,
motor home or trailer on a
D. A residence shall
contain no less than 1,200 square feet of heated floor area devoted to living
purposes (i.e. exclusive of roof or unroofed porches, terraces, basements or
garages); and, all construction must be of good quality and done in a good
workmanlike manner.
E. All buildings and
constructed Improvements shall be placed in a location to be approved by the
Architectural Committee. In determining
whether to approve the location of a building or other constructed Improvement,
the Architectural Control Committee shall consider the following:
1. Whether the construction
will cause a significant amount of erosion;
2. Whether the travel patterns
of wild animals will be negatively affected; and,
3. Whether the Construction
will adversely affect or degrade riparian areas.
In no case shall a building
be located within twenty (20) feet of any outer or exterior boundary of the
Property, or within twenty (20) feet of any road, or within ten (10) feet of
any other lot line, whichever is greater.
F. No Improvements which will be visible above ground or which will ultimately affect the
visibility of any above ground improvement shall be built, erected, placed or
materially altered on or removed from the Property unless and until the
building plans, specification, and plot plan or other appropriate plans and
specifications have been reviewed in advance by the Architectural Committee,
and the same have been approved in writing. The procedures for review are as
more fully set forth in Article 6. The review and approval or disapproval may
be based upon the following factors: size, height, design and style elements,
mass and form, topography, setbacks, finished ground elevations, architectural
symmetry, drainage, color, materials, physical or aesthetic impacts on other
properties, artistic conformity to the terrain and other improvements on the
Property, and any and all other factors which the Architectural Committee, in
its reasonable discretion, deems relevant. Said requirements as to the approval
of the architectural design shall apply only to the exterior appearance of the
improvements. This Declaration is not
intended to serve as authority for the Architectural Committee to control the
interior layout or design of residential structures except to the extent
incidentally necessitated by use, size and height restrictions.
G. Detached garages,
guest quarters, barns, outbuildings and storage sheds shall be allowed if in
conformity with the provisions of this Declaration and the applicable
ordinances of
H. All access
driveways shall have a wearing surface approved by the Architectural Committee
and shall be graded to assure proper drainage.
I. Each residential structure shall have
a street number discreetly placed at or near the street entrance to the
J. Exterior lighting, including flood
lighting shall be part of the architectural concept of the improvements on a
K. The maximum height of any building shall
be in compliance with the applicable Boise County land use or zoning
ordinances, but shall not exceed thirty‑five (35) feet in height,
measured from finished grade, adjacent to the highest point of any roofline.
L. Roofs shall be required to be of pitched
design and shall be covered with nonflammable materials (e.g. non‑reflective
metal, tile, fiberglass shingles, fire retardant wood shingles or shakes).
M. The color of the exterior surfaces of any
structure shall be subject to approval by the Architectural Control
Committee. Natural or earth tones
(excluding trim) shall be encouraged. No
reflective roofing material may be exposed on any lot. Fire resistant construction is to be
encouraged, such as rock or brick, concrete siding, or a manufactured product,
such as wood manufactured siding. Prior to construction, samples of such
materials must be approved by the Architectural Control Committee. No metal
structures shall be allowed.
N. TV Satellite dishes (larger than 24
inches), antennas, or other devices for the transmission or reception of
television, radio or electric signals or any other form of electromagnetic
radiation, should be screened from view of the road and other homes, if
possible, and be first approved by the Architectural Control Committee.
O. Prior
to beginning construction, the Owner shall provide the Architectural Control
Committee with the name of the contractor who will build the project.
P. The setback of any structure shall be in compliance with the
applicable
Section
3.2: In Home Businesses: While it is not the
intent of the Association to create or necessarily encourage commercial
activity, it is not the Association's intent to prohibit the limited use of a
dwelling unit for the purpose of an "in home business," such as an in‑home
office, profession, or other limited activity that would be conducted for
financial gain. Businesses to which
clients or customers come and go regularly shall not qualify as an in‑home
business; and, any such activity shall be compatible with the aesthetics and
appearance of surrounding lots and the ability of the owners of those lots to
quietly enjoy their properties. Any such activities shall require the prior
review and consent of the Association, to establish compliance with the terms
of this Section.
Section
3.3: Storage of Building Materials: No building materials
shall be stored on any
Section 3.4: Storage of Vehicles and Equipment: No snowmobiles, boats, boat trailers,
travel trailers, camper trailer, motor homes, automotive campers, farm
equipment, commercial cars, trucks or vans, buses or other portable vehicles,
other than duly registered and licensed non‑commercial cars, passenger
vans, and light duty trucks, shall be parked in front of any dwelling at any
time during three (3) consecutive days. No
automobiles, trucks, motorcycles or other vehicle commonly used for personal
transportation shall be parked in front of any dwelling at any time during seven
(7) consecutive days. Any such vehicle
parked for a period exceeding the number of days specified in this section must
be concealed from sight of any traffic along Subdivision roads by appropriate
fencing, enclosure, or other year round screening, and, if such is intended to be of a permanent nature, said property shall be
stored in a covered building of
permanent design, with appropriate screening from the Subdivision roads and
neighbors if not enclosed. Any screened
area must be located to the side or rear yard of a dwelling.
Notwithstanding
the foregoing, commercial vehicles may not regularly be parked forward of any
dwelling on a daily other continuing basis. (It is the intent of this provision
to prohibit owners or other occupants from regularly parking commercial
vehicles on Lots. River Terrace
Subdivision is a residential subdivision and Owner or occupant commercial
vehicles should garaged or otherwise concealed when parked on a
Section
3.5: Parking: Parking shall be
accommodated on Lots with no Owner parking of vehicles allowed on private or
public streets. The improvements on each
Section
3.6: Wild Game: Nothing shall be done
or kept on any Lot which will inhibit, interfere with, or endanger the wild
game which enter onto any
Section
3.7: Animals: All
animals kept by a Lot Owner must be fenced within the boundaries of the
No animal, bird, insect, pigeon, poultry or livestock shall be
kept by a Lot Owner unless the presence of such creature does not constitute a
nuisance. This Section does not apply to the keeping of domesticated dogs,
cats, and other household pets, for non‑commercial purposes, which do not
unreasonably bother or constitute a nuisance to others. Without limiting the
generality of the foregoing, consistent and/or chronic barking by dogs shall be
considered a nuisance.
The following, additional restrictions, also apply:
A. Large
Animals: Large animals, including
horses, llamas, sheep, cattle and comparable sized animals, shall be allowed if they are being raised as part
of a 4-H or FFA or similar project (collectively “Farm Project”), with the
prior approval of the Architectural Control Committee. The Architectural Control Committee shall
have the right to place reasonable restrictions on the amount of time an animal
may be allowed to remain on a
1. There shall be a maximum of two large animals kept on any
2. Large animals shall be pastured in an area and amount of land
to be approved by the Architectural Control Committee.
3. The pasture must be fenced to hold large animals, and cannot
be constructed of barbed wire or chain link.
Additionally, there shall be no white fencing, posts, or other fencing
materials, in whole or in part.
Allowable materials for fencing include split rail, post and pole,
barbless wire, and as otherwise approved by the Architectural Control Committee.
4. In determining whether to approve the
location of a pasture area and the type of fencing for the enclosure, the
Architectural Control Committee shall consider the steepness of the area with
an eye toward erosion control, whether the fencing of the pasture will limit
game corridors, whether the requested fencing material could be a danger to
wild game, and other Owner's private enjoyment of their property.
5. Should any large animal on a Lot become
a nuisance, in the discretion of the Architectural Control Committee, the
Architectural Control Committee shall have the right to require that the
factors causing the nuisance be removed, or may require that the animal be
removed from the Lot.
B. Other Animals:
All animals kept outside must be restrained by reason of an enclosure
(i.e. not with the use of a leash) so that they do not leave the property. The
construction of dog runs or other pet enclosures shall be subject to
Architectural Committee approval, shall be appropriately screened, and shall be
maintained in a sanitary condition. Dog runs or other pet enclosures shall not
be placed in any front yard of a building
Dogs shall be kept on a
leash, curbed, and otherwise controlled at all times when such animal is off
the premises of its owner.
Section 3.8: Fences: No fence, wall or
hedge higher than four (4) feet, six (6) inches shall be erected or maintained
on any Lot, save and except, however, with the previous written consent of all
adjoining Lot Owners and the Architectural Control Committee. The Architectural
Control Committee shall have complete control over the allowance of a fence
over the four foot six inch height limit, and shall consider the natural travel
patterns of the wild game in the area when making such decisions. All such fences and walls shall be
constructed of a material consistent throughout the Subdivision, such as split
rail, cedar or pole. No fence, except
those mentioned in Section 3.7 above, may be constructed with wire or
metal. No fence shall be a solid fence,
including but not limited to a stone fence or wall.
Prior to installation of any fencing adjacent to any road in
the Property, the Owner of the Lot proposed to be fenced shall have the area
adjacent to the road surveyed to insure that the fence is not constructed
within the road right of way.
All exterior, interior or cross fencing shall first be
approved by the Architectural Control Committee
Section
3.9: Rebuilding or Restoration: Any dwelling unit or other improvement
which may be destroyed in whole or in part must be rebuilt, or all debris must
be removed and the Lot restored to a sightly condition. Such rebuilding or
restoration shall be completed within reasonable promptness and in any event
within two (2) years from the time the damage occurred.
Section
3.10: Drainage: There
shall be no interference with the established drainage pattern over any portion
of the Property, unless an adequate alternative provision is made for proper
drainage and is first approved in writing by the Architectural Committee. For
the purposes hereof, "established" drainage is defined as the system
of drainage, whether natural or otherwise, which exists at the time the overall
grading of any portion of the Property is completed by Declarant, or that
drainage which is shown on any plans approved by the Architectural Committee.
Section
3.11: Utilities:
A. Electrical: The Declarant shall provide underground electrical
power service to the Community as a whole. The purchaser and owner of each
parcel agrees to use the service so provided. Private electrical generating
systems shall not be permitted for domestic electrical service, except as a
backup system in case of primary electrical service failure. However use of other alternative energy
sources, such as solar energy, may be presented to the Architectural Control
Committee. All electrical power lines,
telephone lines and other utility service lines shall be underground from each
individual parcel line to the point of use on each parcel. Overhead lines and
utility poles shall not be permitted, except during the construction phase.
B. Water: Water for each
C. Septic: Sewage disposal for each
Section 3.12: Obstructions on Common Easements: No
gates or obstructions shall be placed upon or block any private road shown on
the Plat unless the private road terminates on the Lot Owner's property, and
the gate or obstruction is placed within the Lot Owner's property. Under no circumstances shall any acts be
taken by any Lot Owner which unreasonably degrade or impair the rights
possessed by any third‑parties to traverse any roads or easements on or
across the Property.
Section
3.13: All Terrain Vehicles: All
terrain vehicles, snow machines, motorcycles and other similar motorized
vehicles may be operated within the Subdivision only for the following
purposes: (a) for use in agricultural
activities; (b) direct ingress and egress from the owner's lot to areas outside
of the Subdivision; or, (c) for purposes of performing maintenance or
improvements on a
Section 3.14: Prohibited
A. There shall be no mining, smelting or
milling of ores or similar mineral operations within the Community.
B. No outdoor privy or any common cesspool shall be installed on
any lot at any time.
C. Nothing shall be done or kept on any Lot
by any person which will increase the rate of insurance on any other
D. No excavation shall be made on any Lot
except as is necessary for the erection of approved structures, in which case the
same shall be properly filled within thirty (30) days of the completion of the
underground work.
E. No hunting or discharging of firearms within the Subdivision.
Section
3.15: Building and Grounds Conditions: Each
Owner shall maintain the exterior of his or her dwelling unit and all other
improvements in good condition and shall cause them to be repaired as the
affects of damage or deterioration become apparent. Each Owner shall, to the
best of his or her ability, maintain his or her
In the event that any Owner shall permit any
improvement, including trees and landscaping, which is the responsibility of
such Owner to maintain, to fall into disrepair so as to create a dangerous,
unsafe, unsightly or unattractive condition, or damage to property or
facilities on or adjoining their Lot, the Board, upon fifteen (15) days prior
written notice to the Owner of such property, shall have the right to correct
such condition, and to enter upon such Owner's Lot for the purpose of doing so,
and such Owner shall promptly reimburse the Association for the cost thereof.
Such cost shall be an Assessment and shall create a lien enforceable in the
same manner as other Assessments set forth in Article 9 of this Declaration.
The Owner of the offending property shall be personally liable, and such
Owner's property may be subject to a lien for all costs and expenses incurred
by the Association in taking such corrective acts, plus all costs incurred in
collecting the amounts due. Each Owner shall pay all amounts due for such work
within ten (10) days after receipt of written demand therefore, or the amounts
may, at the option of the Board, be added to the amounts payable by such Owner
as Regular Assessments.
Section
3.16: Landscaping: The
owner of each Lot, upon erecting a single family residence or other approved
structure thereon, shall provide and maintain minimal natural landscaping on
the rear and side portions of the lot as well as the front lot area, subject to
the preceding paragraph. In the event of neglect to properly maintain and care
for any such lot, or to provide for such minimal landscaping, the Architectural
Control Committee shall have the right, but shall have no obligation, to have
the necessary work performed on any parcel to keep it from presenting an
unsightly appearance, the charges for work so performed to be billed to, and
paid for, by the Owner of such Lot and become a lien upon the property as
specified in Section 3.15 above.
All landscaping, exterior structure surfaces,
dimensions, and location on the
Section
3.17: Refuse: No unsightly objects
or materials, including but not limited to ashes, trash, rubbish, garbage,
glass or shrub clippings, scrap material or other refuse, or receptacles or
containers therefor, shall be stored, accumulated or deposited outside or so as
to be visible from any neighboring property or adjoining street except during
refuse collections.
Section
3.18: Burning: No
burning of any household garbage, trash or other noxious refuse shall be
permitted on any lot unless in a contained structure (Note: extreme caution
during fire season). All burning shall take place only with proper notification
to the local Fire Department and any other agency or authority with
jurisdiction. The policies, practices and instructions of such entity shall be
strictly followed.
Section
3.19: Nuisances: No noxious or
offensive activity shall be carried on upon any
Section
3.20: Inoperative Vehicles: No unused, stripped‑down,
partially wrecked or otherwise inoperative motor vehicles or parts thereof
shall be permitted to be parked on any common easement or road within the
Property, nor shall such vehicles be allowed to be parked on any Lot in such
manner as to be visible at ground level from any neighboring property or
street, unless fully screened in a manner approved in advance by the
Architectural Control Committee.
Section 3.21: Signs: The only signs
permitted on any
A. One sign of customary size for identification of the occupant
and the address of any dwelling;
B. Signs for sale and administration purposes installed by the
Declarant during development;
C. Standard Real Estate signs advertising a lot for sale, not to
exceed 9 square feet in surface size;
D. Signs as may be necessary to advise of rules and regulations
or to caution or warn of danger; and,
E. Such signs as may be required by law.
Section 3.22: No Further Subdivision: No Lot
may be further subdivided, except as
provided in Section 8.2 with regard to Declarant’s rights.
Section 3.23: Irrigation and Fire Suppression: Declarant
owns certain water rights in the
A. Fire
Suppression Plan. The
fire suppression plan is attached at EXHIBIT
C. The Board may adopt such additional
Rules and Regulations in this regard as it deems adviseable.
Section
3.24: Maintenance of Field Lots: All
Field Lots must be periodically mowed to maintain a kept appearance. It is anticipated that if a Field Lot is not
irrigated, that it would need to be be mowed once in the summer, and for Field
Lots that are irrigated, a more frequent mowing will be necessary. This obligation shall be undertaken by the
Owner of the Field Lot. If in, the
reasonable judgment of the Architectural Control Committee, the owner is not
performing the obligation adequately, the Assocation may perform the obligation
after providing at least 10 business days’ prior notice to the owner. If the Association performs the obligation,
the cost of doing so will be assessed to the Owner of the Field Lot as a Limited
Assessment.
Section
3.25: River Access: Declarant will grant
an easement across property owned by Declarant to allow for owners to access
the
Section
3.26: Exemption of Declarant: Nothing
contained herein shall limit the right of Declarant to complete excavation,
grading and construction of improvements to and on any portion of the Property
owned by Declarant or to construct such additional improvements as Declarant
deems advisable in the course of development of the Property, so long as any
ARTICLE 4 ‑ ASSOCIATION OPERATION
Section 4.1: Organization: The Association
(Association) shall be initially organized by Declarant as an
Section 4.2: Membership: Each Owner shall be a member of the
Association. An Owner shall automatically be a holder of the membership
appurtenant to such Owner's Lot, and the membership shall automatically pass
with fee simple title to the
Section 4.3: Classes of Membership/Voting Rights: The Association shall
have one (1) class of membership, which shall be a voting membership.
Section 4.4: No
Fractional Votes, No Severance of Voting Rights: Fractional votes shall not be allowed. In
the event that joint Lot Owners are unable to agree among themselves as to how
their vote or votes should be cast, they shall lose their right to vote on the
matter being put to a vote. When an Owner casts a vote, it will thereafter be
presumed conclusively for all purposes that such Owner was acting with
authority and consent of all joint Owners of the
Section 4.5: Board of Directors and Officers: The affairs of the
Association shall be conducted and managed by the Board of Directors
("Board") and such officers as the Board may elect or appoint, in
accordance with the Articles and By-Laws, as the same may be amended from time
to time. The Board of Directors shall be
elected in accordance with the provisions set forth in the Association By-Laws.
Section
4.6: Declarant's Transfer of Control
of Association: Declarant's right to control the Association
and the selection of a majority of its Board of Directors shall terminate upon
the occurrence of the first of the
following events:
A. By
written notice from the Declarant to the President or Secretary of the
Association of the Declarant's intention to terminate its right to appoint the
majority of the members of the Board of Directors; or
B. Upon
that date which is sixty (60) days after one hundred percent (100%) of all lots
within the Property (including any property which is annexed into the Property
pursuant to the terms of this Declaration) have been sold to persons other than
Declarant.
Such
date is herein referred to as "the Transfer of Control Date”.
ARTICLE 5 - DUTIES AND POWERS OF THE ASSOCIATION
Section 5.1: General Duties and Powers of Association: The Association has been formed to further
the common interest of the Members. The Association shall have the duties and
powers to take such action as is necessary to perform its obligations under the
Association documents.
Section
5.2: Powers of the Association: The Association shall have all the powers of
a corporation organized under the non‑profit corporation laws of the
State of
A. Assessments: The power to levy Assessments on any Owner or
any portion of the Property and to force payment of such Assessments, all in
accordance with the provisions of this Declaration.
B. Right
of Enforcement: The power and
authority from time to time in its own name, on its own behalf, or on behalf of
any Owner who consents thereto, to commence and maintain actions and suits to
restrain and enjoin any breach or threatened breach of this Declaration or the
Articles or the By-Laws, including the Association Rules adopted pursuant to
this Declaration, and to enforce by injunction or otherwise, all provisions
hereof.
C. Delegation
of Powers: The authority to delegate
its powers and duties to committees, officers, employees, or to any person,
firm or corporation. Neither the Association nor the members of its Board shall
be liable for any omission or improper exercise by any person or entity of any
such duty or power so delegated.
D. Association
Rules: The power to adopt, amend and
repeal by majority vote of the Board such
rules and regulations as the Association deems reasonable. Provided, however,
that any Association Rules shall apply equally to all Owners and shall not be
inconsistent with this Declaration, the Articles or By-Laws. A copy of the
Association Rules as they may from time to time be adopted, amended or
repealed, shall be mailed or otherwise delivered to each Owner. Upon such
mailing or delivery, the Association Rules shall have the same force and effect
as if they were set forth in and were a part of this Declaration. In the event
of any conflict between such Association Rules and any provisions of this
Declaration, or the Articles or By-Laws, the provisions of the Association
Rules shall be deemed to be superseded by the provisions of this Declaration,
the Articles or the By-Laws to the extent of any such inconsistency.
E. Emergency
Powers: The power, exercised by the
Association or by any person authorized by it, to enter upon any property (but
not inside any building constructed thereon) in the event of any emergency involving
illness or potential danger to life or property or when necessary in connection
with any maintenance of construction for which the Association is responsible.
Such entry shall be made with as little inconvenience to the Owner as
practicable, and any damage caused thereby shall be repaired by the
Association.
F. Power
to Engage Employees, Agents and Consultants: The Association shall have the power to hire
and discharge employees and agents (except as otherwise provided in management
contracts) and to retain in paper such legal and accounting services as may be
necessary or desirable in connection with the performance of any duties or the
exercise of any powers of the Association under the Association documents.
Section 5.3 Duties of the Association: In addition to duties
necessary and proper to carry out the powers delegated to the Association by
this Declaration, and the Articles and By-Laws without limiting the generality
thereof, the Association or its agent, if any, shall have the authority and the
obligation to conduct all business affairs of the Association and to perform,
without limitation, each of the following duties:
A. Insurance: Obtain insurance from reputable insurance
companies authorized to do business in the State of
B. Rule
Making: Make, establish, promulgate,
amend and repeal such Association Rules as the Board shall deem advisable.
C. Architectural
Control Committee: Appoint and
remove members of the Architectural Committee, subject to the provisions of
this Declaration. The Board shall also
have discretion to itself serve as the Architectural Control Committee, in lieu
of appointing an independent Committee.
D. Duty
to Accept Property and Facilities Transferred By Declarant: The Association shall accept title to any
property, including without limitation, any improvements thereon, any easement
or other right, and personal property transferred to the Association by the
Declarant or by any third party with Declarant's permission, and equipment
related thereto, together with the responsibility to perform any and all
Association functions associated therewith, provided that such property and
functions are not inconsistent with the terms of this Declaration.
E. Duty
to Manage and Care for Roads: The
Association shall manage, operate, care for, and maintain and repair all non‑public,
common easement and private roads within the Property which are identified on
the recorded plat of the Property and which are necessary to provide access to
the Lots within the Property. The
Association shall have the discretion to not plow snow on subdivision roads, or
portions thereof, which service unimproved Lots.
ARTICLE 6 ‑ ARCHITECTURAL CONTROL
Section 6.1: Purpose and Theme of Controls: It is the desire of
the Declarant that design controls be implemented for all building improvements
to insure that the overall excellence of River Terrace Subdivision shall be
maintained throughout its development. To this end, an Architectural Control
Committee (hereinafter referred to as the "Committee") will be
established pursuant to Section 6.2 of this Article 6 to guide the site
development and design of all structures and to aid the residential home
builders to discover the opportunities and limitations of their building sites.
All of the residential improvements will be encouraged to offer a diversity of
types, sizes and styles of architecture and yet will be required to conform to
a total visual homogeneity.
The
discretion hereinafter invested in the Architectural Committee will be
exercised towards the end that high standards of workmanship and quality of
materials will be maintained throughout the Development and that all
improvements will be in harmony with and complement the natural landscape,
topography and flora.
Section 6.2: Architectural
Control Committee: No building,
fence, wall, structure or other improvement shall be commenced, erected,
altered, placed or maintained upon any lot nor shall any exterior addition to
or change or alteration therein be made, until plans and specifications showing
the nature, kind, shape, height, materials and location of the same have been
submitted to and approved in writing by the Architectural Control Committee,
which shall be composed initially of the Board of Directors. If any member of
the Committee resigns or is unable to act, the remaining members shall appoint
his or her successor. Pending such appointment, the remaining members shall
discharge the functions of the Committee. The Committee shall be comprised of
no less than three (3) nor more than five (5) members, who shall be appointed
annually by the Board. A majority of
the members shall constitute a quorum. Meetings may be held by telephone or
other electronic conference. The Committee shall designate a Chairperson. The
Board may elect to act as the Committee.
Section 6.3: Documentation
Required for Architectural Approval:
No structure or improvement shall be considered or approved by the
Committee until the parcel owner has submitted the following information to the
Committee:
A. Two (2) sets of plans and specifications
for the proposed improvements;
B. A
site plan of the lot showing the location of all existing and proposed
improvements, and which also identifies the location, size and type of all
trees proposed to be removed;
C. Drawings showing all exterior building
elevations;
D. A
schedule of exterior materials and colors to be used on the proposed
improvement; and,
E. The owner's proposed construction
schedule.
Section
6.4: Basis for Approval or
Disapproval:
The Committee shall give its approval for the requested improvement only
if:
A. The
owner or applicant shall have strictly complied with the requirements of
Section 6.3 hereof;
B. The Committee finds that the plans and specifications conform to the requirements of Article 3 of this Declaration, and furthermore that the owner or applicant is in compliance with all of the provisions and requirements of this Declaration in its