FOURTH AMENDED AND RESTATED DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR RIVERVIEW R.V. RESORT, FORMERLY KNOWN AS
ROADHAVEN RESORT OF BULLHEAD CITY
THIS FOURTH AMENDED AND RESTATED DECLARATION, is made and executed
by RIVERVIEW R.V. RESORT OWNERS’ ASSOCIATION, INC., an Arizona non-profit
corporation, herein referred to as the Association, through it assumption of powers from PARK
HOMES, INCORPORATED, a California corporation herein referred to as Declarant.
WITNESSETH:
WHEREAS, Declarant, Park Homes, Incorporated, was the owner of lots and parcels
within the property (“Property”) situated in Mohave County, Arizona, overall described as:
Lots 1 through 697, inclusive, and Parcels C, D, E, F, G, H, I, J, and K,
Roadhaven Resort of Bullhead City - Track 4045, according to Plat recorded on
February 15, 1984, at File No. 84-5423, records of Mohave County, Arizona.
WHEREAS, there has been recorded the Original Declaration of Covenants,
Conditions and Restrictions for Roadhaven Resort of Bullhead City in Book 997, page 857, of
the Official Records of the County of Mohave, State of Arizona, and subsequently an Amended
and Restated Declaration of Covenants, Conditions and Restrictions for Roadhaven Resort of
Bullhead City in Book 1006, page 895, of Official Records, and in Book 1015, page 403 of the
official Records of the County of Mohave, State of Arizona, which superseded the original
Declaration in its entirety; and subsequently a Second Amended and Restated Declaration of
Covenants, Conditions and Restrictions for Riverview R.V. Resort, formerly known as
Roadhaven Resort of Bullhead City, in Book 1268 at page 602 and re-recorded in Book 1302
at page 423, which superceded the prior Declarations, and subsequently an Amended and
Restated Declaration of Covenants, Conditions and Restrictions for Riverview R.V. Resort
was recorded at Book 2100, page 375 (1992 amended Declaration) which superceded all
prior Declarations.
WHEREAS, the Amended and Restated Declaration of Covenants, Conditions and
Restrictions for Riverview R.V. Resort were revised on 3 -20-2000, pursuant to a motion by the
Board of Directors on 1-9-2000 and in accordance with an affidavit filed with the Mohave
County Recorder, State of Arizona, on 1-27-98 as Document No. 98004500, Book 3024,
Page 626 of the official records terminating and removing all reference to Park Homes, Inc.,
Declarant and Its Class “B” membership from the Association’s CC&R’s and By-Laws, and
subsequently on February 23, 2004, this Fourth Amended and Restated Declaration of
Covenants, Conditions and Restrictions was voted upon by seventy-five percent (75%) of the
Lot Owners, which supercedes all prior Declarations.
WHEREAS, the Association has been approved by a vote of the Owners to purchase
Riverview RV Resort Tract 4045, First Amended, Parcels A & B through a special
assessment of the Lots and desires to include the real property as Common Area for the
benefit of the Association.
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NOW THEREFORE, Declarant hereby declares that the 1992 and 2000 Amended
Declaration (and all prior Declarations) of Covenants, Conditions and Restrictions are
superseded in their entirety as described above, held by Declarant and other Owners in the
Property and shall be owned, held, conveyed, hypothecated, encumbered, leased, rented,
used, occupied and/or improved subject to the limitations, restrictions, conditions and
covenants herein set forth, all of which are declared and agreed to be in furtherance of a plan
for the improvement and sale of the Property and are established and agreed upon for the
purposes of enhancing and protecting the value, desirability and attractiveness of the Property
and every part thereof. All of the limitations, restrictions, conditions and covenants herein set
forth shall run with the land and shall be binding on all parties having or acquiring any right, title
or interest in the Property or any part thereof.
ARTICLE 1
Definitions
1.1 Each of the following words and phrases shall, in this instrument, have the
respective meaning shown below unless a contrary meaning shall, by the context, be evident:
1.1.1 “Architectural Control Committee” shall mean the committee of
individuals appointed in accordance with Article 5.
1.1.2 “Articles” shall mean the Articles of Incorporation of the Association, as
said Articles of Incorporation may from time to time be amended and restated.
1.1.3 “Association” shall mean the Riverview R.V. Resort Owners’ Association,
Inc., an Arizona corporation, formed and maintained pursuant to Section 10-1001 et seq.,
Arizona Revised Statutes, as amended, composed of the Owners as defined hereinbelow.
1.1.4 “Association Rules” shall mean the rules adopted by the Board of
Directors pursuant to Paragraph 4.6 hereof, as they may be amended from time to time.
1.1.5 “Board of Directors” shall mean the Board of Directors of the
Association.
1.1.6 “Bylaws” shall mean the Bylaws of the Association as said Bylaws may
from time to time be amended.
1.1.7 “Common Area” shall mean all real property, together with all
Improvements situated thereon, which the Association owns in fee or in which the Association
has a leasehold interest. “Common Area” shall not include any real property, improvements or
personal property acquired by the Association in lieu of foreclosure or trustee’s sale or through
attachment, foreclosure, Sheriff’s sale, Trustee’s sale, tax sale, redemption or any other
judicial, quasi-judicial, bankruptcy or regulatory action.
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1.1.9 Declaration” shall mean this instrument, as the same may from time to
time by amended pursuant to the Article entitled “Amendment”.
1.1.10 “Improvement” shall mean the buildings, roads, roadways, parking areas,
lighting fixtures, fences, walls, hedges, plantings, planted trees and shrubs, tennis courts,
swimming pools and all other structures of landscaping of every kind and type.
1.1.11 “Lots” shall mean all of Lots 1 through 697, inclusive, of Roadhaven
Resort of Bullhead City - Tract 4045. “Lot” shall mean any one of the Lots.
1.1.12 “Member” shall mean an Owner, as defined hereinbelow, entitled to
membership in the Association. Membership shall be appurtenant to and may not be
separated from ownership of a Lot.
1.1.13 “Mortgage” shall mean any real property mortgage or deed of trust
encumbering any Lot or agreement for deed.
1.1.14 “Mortgagee” shall mean the mortgagee under any real property mortgage
or beneficiary under any deed of trust or vendor under a contract for deed, which mortgage or
deed of trust or contract for deed encumbers or provides for the conveyance of any Lot.
1.1.15 “Owner” shall mean the person(s) who hold(s) record title to any Lot.
“Owner” shall include any person having a fee simple title to any Lot, but shall exclude persons
or entities having any interest merely as security for the performance of any obligation.
Further, if a Lot is sold under a recorded contract for deed to a purchaser, the purchaser,
rather than the fee owner, shall be considered the “Owner” as long as he or a successor in
interest remains the contract purchaser under the recorded contract.
1.1.16 “Public Purchaser” shall mean any person or other legal entity, who
becomes an Owner of any Lot within the property.
1.1.17 “Recreational Vehicle” shall mean a vehicular type unit designed as
temporary living quarters for recreation, camping or travel use which travels on its own power.
1.1.18 “Single Family” shall be limited to one common household consisting of
one or two individuals with additional occupants permitted upon written approval of the Board
of Directors.
1.1.19 “Travel Trailer” shall mean an automobile-drawn highway vehicle
designed as temporary living quarters for recreation, camping or travel use, including slide out
Travel Trailers mounted on wheels and park models, but not tent-type folding trailers.
1.1.20 The term Park Model shall mean a Travel Trailer which meets the
following criteria: (a) built on a single chassis mounted on wheels, (b) designed to be seasonal
or temporary living quarters which may be installed with utilities necessary for the installation of
fixtures and appliances, (c) manufactured to Motor Vehicle Department standards.
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1.1.21 “Visible from Neighboring Property” shall mean, with respect to any given
object, that such object is or would be visible to a person six feet tall, standing on any part of
such neighboring lot at an elevation of the base of the object being viewed.
ARTICLE 2
Property Rights and Use Restrictions
2.1 Property Rights
2.1.1 Owners’ Easements of Enjoyment. Every Owner shall have a right and
easement of enjoyment in and to the Common Area, for the purposes of which the Common
Area is intended, which shall be appurtenant to and shall pass with the title to every Lot,
subject to the following provisions:
(i) The right of the Association to charge reasonable fees for the use of any
facility situated upon the Common Area.
(ii) The right of the Association to suspend the voting right and right to use of
the facilities by an owner for any period during which any assessment against his Lot remains
unpaid or for any infraction of this Declaration or the rules or regulations duly promulgated by
the Association, the Board of Directors or any duly constituted committee of the Association or
Board of Directors subject to the further provisions of this Declaration and the Bylaws.
(iii) The right of the Association to dedicate, transfer or convey, all or any part
of the Common Area to any public agency, authority, or utility for such purposes and subject to
such conditions as may be agreed to by the Members as hereinafter provided.
2.1.2 Delegation of Use. Any Owner may delegate, in accordance with this
Declaration, his right of enjoyment to the Common Area to the members of his family, his
tenants, lessees, guests, and invitees, provided such delegation is for a reasonable number of
persons and at reasonable times.
2.1.3 Owners’ Easement of Enjoyment Limitations. An Owners’ beneficial interest,
right and easement for enjoyment in and to the Common Area shall not be conveyed,
transferred, alienated or encumbered separate and apart from an Owners’ Lot and such right
and easement of enjoyment in and to the Common Area shall be deemed to be conveyed,
transferred, alienated or encumbered upon the sale of any Owners’ Lot, notwithstanding the
description in the instrument of conveyance, transfer, alienation or encumbrance may not refer
to the Common Area.
(I) The Common Area shall remain undivided and no action for partition or
division of any part thereof shall be permitted.
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(ii) Each Owner, tenant and occupant of a Lot, and the invitees, tenants,
agents and employees of such Owner, may use the Common Area in common with the
Owners, invitees, tenants, agents and employees of the other Lots in accordance with the
purposes for which it is intended without hindering or encroaching upon the lawful right of such
others.
(iii) No Owner will be exempted from liability for assessments with respect to
the Common Area by waiver of the enjoyment of the right to use the Common Area or by
abandonment of his Lot or otherwise.
(iv) Any Owner who rents or leases a Lot to another shall forfeit his right to the
use and enjoyment of the Common Area during the rental or lease term unless the Owner owns
another Lot or Lots which are not rented or leased. The Owner’s right to the use and
enjoyment of the Common Area shall be deemed transferred to the tenant for the term of the
lease.
2.2 Use Restrictions; Lots.
2.2.1 Use and Occupancy. All lots shall be used solely for Park Models,
Recreational Vehicles and Travel Trailers; it being the declared intention to exclude mobile
homes and dwelling houses and to create and maintain the Property as an area for the leisure-time
dwellers. No gainful occupation, profession, trade or other nonresidential use shall be
conducted on any Lot. The Association Rules may include reasonable regulations and
limitations on the age, color, design, condition and state-of-repair of any Park Model,
Recreational Vehicle or Travel Trailer proposed to be parked or maintained on any Lot in
order to protect and enhance the quality and appearance of the Property. Nothing herein shall
be deemed to prevent the leasing of any Lot to a Single Family from time to time by the Owner
thereof, subject to all the provisions of this Declaration. Only one (1) Park Model, Travel Trailer
or Recreational Vehicle (along with Architectural Committee approved additions). No more
than two (2) road-licensed motor vehicles of any combination of cars, motorcycles, or other
licensed vehicles plus one (1) non-public roadway vehicle (e.g. golf cart) shall be parked or
maintained on any Lot. No Park Models, Travel Trailers or Recreational Vehicles shall be
parked or located on the Common Area or any public roads or streets within the property. No
cars, motorcycles or other motor vehicles shall be parked or located on the Common Area or
any roads or streets within the Property except in designated parking spaces or parking
areas. There is a designated storage area for Recreational Vehicles, Trailers and Watercraft.
2.2.2 Age Restriction. No Lot or Travel Trailer or Recreational Vehicle located
thereon shall be used or occupied unless its use or occupancy is by at least one person 55
years of age or older, and no person 35 years of age or under shall use or occupy any Lot,
Travel Trailer or Recreational Vehicle other than a temporary guest. Existing (as of the date of
this Declaration) Owners, where no occupant is 55 years of age or older are exempt from this
restriction, provided that if Federal or State Regulations are applicable, and i f so, so long as
applicable, such Regulations shall be complied with so that at least 80% of the use and
occupancy of the Lots shall be by at least one person 55 years of age or older.
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2.2.3 Antennas. No antenna, parabolic dish or other device for the
transmission or reception of television or radio signals or any other form of electromagnetic
radiation shall be erected, used or maintained outdoors on any Lot whether attached to a
Recreational Vehicle, Travel Trailer, building, structure or otherwise, unless and except as
approved in writing by the Board of Directors. The Association Rules may include reasonable
regulations regarding the erection, use and maintenance of such devices for the purposes of
minimizing the visual and other impacts to the Property of such devices.
2.2.4 Utility Services. No lines, wires or other devices for the communication or
transmission of electric current or power, including telephone, television and radio signals shall
be erected, placed or maintained anywhere in or upon any Lot unless the same shall be
contained in conduits or cables installed and maintained underground or concealed in, under
or on buildings or other structures approved in writing by the Architectural Control Committee.
No provision hereof shall be deemed to forbid the erection of temporary power or telephone
structures incident to the construction of buildings or structures approved in writing by the
Board of Directors.
2.2.5 Improvements and Alterations. No alterations, repairs, excavation or
other work which in any way alters the appearance of any Lot or the Improvements located
thereon from its natural or improved state shall be made or done without the prior written
approval of the Board of Directors, except as otherwise expressly provided in this Declaration.
No building, fence, wall or other structure shall be commenced, erected, maintained improved,
altered, made or done without the prior written approval of the Architectural Control
Committee. No awnings or other structures shall be attached to any Park Models, Travel
Trailer or Recreational Vehicle without the prior written approval of the Architectural Control
Committee unless allowed under the Association Rules. The Board of Directors shall
establish a procedure for the preparation, submission and determination of applications for
any such alteration or Improvement. The Board of Directors shall have the right to refuse to
approve any plans or specifications or grading plan, which, in its opinion, are not suitable or
desirable for aesthetic or other reasons. In passing upon such plans and specifications, it may
take into consideration the suitability of the proposed Improvement and of the materials of
which it is to be built, the site upon which it is proposed to erect the same, the harmony thereof
with the surroundings, the effect of the Improvement as planned on the outlook from the
adjacent or neighboring Lot or Common Area and such other matters as it may deem
pertinent. All subsequent additions to or changes or alterations in any building, fence, wall or
other structure, including exterior color scheme and building materials, shall be subject to the
prior approval of the Architectural Control Committee. No changes or deviations in or from
such plans and specifications once approved shall be made without the prior written approval
of the Board of Directors. All decisions of the Board of Directors shall be final and no Lot
Owner or other parties shall have recourse against the Board of Directors, the Architectural
Control Committee or any of their respective members, for or with respect to any decisions
made in good faith.
2.2.6 Maintenance and Lawns and Plantings. The Association shall maintain
the lawns and plantings on all Common Areas and, for this purpose, the Association shall have
right, at any time, to plant, replace, maintain and cultivate landscaping, shrubs, trees, grass
PAGE 7
and plantings on any Common Area and on such easements over an Owner’s Lot as may have
been granted to the Association, regardless of whether any Owner or the Association is
responsible hereunder for maintenance of such areas. No Owner shall remove, alter, injure or
interfere in any way with any landscaping, shrubs, trees, grass or plantings placed upon any
Common Area by the Association without the written consent of the Board of Directors having
first been obtained. The Association or its authorized agents shall have the right to enter upon
any Lot, at any reasonable time, for the purpose of planting, replacing, maintaining or
cultivating such landscaping, shrubs, trees, grass or planting in the Common Area and shall
not be liable for trespass for so doing.
2.2.7 Maintenance and Repair of Park Models, Recreational Vehicles, Travel
Trailers, Buildings and Landscaping. Each Owner shall at all times keep and maintain its Park
Model, Recreational Vehicle, Travel Trailer, all landscaping and Improvements on its
respective Lot in good condition and repair and adequately painted or otherwise finished. If
any Park Model, Recreational Vehicle, Travel Trailer, landscaping or Improvement upon any
Lot shall be permitted to fall into disrepair, the Association shall have the right, after 30 days’
notice to an Owner, to maintain such landscaping and to repair, paint or otherwise maintain the
exterior of any Park Model, Recreational Vehicle, Travel Trailer or Improvement (and without
notice in the event of an emergency) which the Association, acting through its Board of
Directors, determines in its discretion is in violation of this provision. All costs and expenses
so incurred by the Association shall be borne by the Owner, and shall be paid to the
Association on demand.
2.2.8 Trash Containers and Collection. No garbage or trash shall be placed or
kept on any Lot except in covered containers of a type, size and style which are approved in
writing by the Board of Directors or authorized by the Association Rules. In no event shall
containers be maintained so as to be Visible From Neighboring Property except to make the
same available for collection and, then, only the shortest time reasonably necessary to effect
such collection. The Board of Directors shall have the right, in its sole discretion, to require all
Owners to subscribe to a trash service. All rubbish, trash or garbage shall be removed from
the Lots and shall not be allowed to accumulate thereon. no incinerators shall be kept or
maintained on any Lot.
2.2.9 Overhangs. No tree, shrub or planting of any kind on any Lot shall be
allowed to overhang or otherwise to encroach upon any Common Ara from ground level to a
height of 12 feet, without the prior written approval of the Board of Directors.
2.2.10 Entry on Lots. During reasonable hours any member of the Board of
Directors, or any authorized representative shall have the right, but not the obligation, to enter
upon and inspect any Lot and the Improvements thereon, except for the interior portions of any
Park Model, Travel Trailer or Recreational Vehicle, for the purposes of ascertaining whether or
not the provisions of this Declaration have been or are being complied with, and such persons
shall not be deemed guilty of trespass by reason of such entry.
2.2.11 Machinery and Equipment. No machinery or equipment of any kind shall
be placed, operated or maintained upon or adjacent to any Lot except such machinery or
PAGE 8
equipment as is usual and customary in connection with the use, Maintenance or construction
of buildings, Improvements or structures which are within the permitted use of such Lot.
2.2.12 Restriction on Further Subdivision. No Lot shall be further subdivided or
separated into smaller lots or parcels by any Owner, and no portion less than all of any such
Lot, nor any easement or other interest therein, shall be conveyed or transferred by any Owner,
without the prior written approval of the Board of Directors. No Lot may be converted into a
condominium, cooperative, timeshare or other similar type of entity without the prior written
approval of the Board of Directors. No portion of a Lot, but for the entire Lot, together with the
Improvements thereon, may be rented or leased, and then only to a Single Family; provided,
however, that no Lot may be leased or subleased without prior written notice to the Board of
Directors of the names of the lessee and their family members and the term of the lease, and
without compliance with such other rules and regulations as may be established by the Board
of Directors.
2.2.13 Signs. No signs whatsoever which are Visible From Neighboring
Property shall be erected or maintained on any Lot except such signs the nature, number and
location of which have been approved in writing by the Board of Directors, except that such
approval shall not be necessary in connection with the display of any signs of reasonable
dimensions located on or in such Owner’s Lot notifying the public that said Lot is “for rent” or
“for sale”; provided, however, that any Owner displaying a “for rent” or “for sale” sign shall, in
good faith and using its reasonable best efforts, endeavor to effect the rental or sale of its Lot,
as the case may be.
2.2.14 Utility Easements. There is hereby created a blanket easement upon,
across, over and under each Lot for ingress, egress, installation, replacing, repairing and
maintaining all utility and service lines and systems, including, but not limited to, water, sewers,
gas, telephones, electricity, television cable or communication lines and systems, etc. By
virtue of this easement, it shall be expressly permissible for the providing utility or service
company to install and maintain facilities and equipment on the Lots and the Common Area
and to affix and maintain wires, circuits and conduits on, in and under the roofs and exterior
walls of all improvements. Notwithstanding anything to the contrary contained in this
paragraph, no sewers, electrical lines, water lines or other utilities or service lines may be
installed or relocated on any Lot except as initially developed and approved by the Board of
Directors. This easement shall in no way affect any other recorded easements on any Lot or
Common Area.
2.2.15 Animals. No animals, birds, fowl, poultry or livestock, other than one
generally recognized house or yard pet not to exceed 25 pounds in weight, shall be maintained
on any Property covered by this Declaration and then only if they are kept, bred or raised
thereon solely as domestic pets and not for commercial purposes. No house or yard pet
permitted under this paragraph shall be allowed to make an unreasonable amount of noise, or
to become a nuisance. No structure for the care, housing or confinement of any house or yard
pet permitted under this paragraph shall be maintained so as to be Visible From Neighboring
Property. Upon the written request of any Owner, the Board of Directors shall conclusively
determine, in its sole and absolute discretion, whether, for the purposes of this paragraph, a
particular animal, bird, fowl, poultry or livestock is a generally recognized house or yard pet,
PAGE 9
constitutes a nuisance, or whether the number of animals or birds on any such Lot is
reasonable. Any decision rendered by the Board of Directors shall be enforceable as other
restrictions contained herein. All pets must be kept on a leash and be accompanied by their
Owner when not on the Lot where they reside.
2.2.16 Nuisances. No rubbish or debris of any kind shall be placed or permitted
to accumulate upon or adjacent to any Property, and no odors shall be permitted to arise
therefrom so as to render any such Property or any portion thereof unsanitary, unsightly,
offensive or detrimental to any other Lot in the vicinity thereof or to its occupants. No nuisance
shall be permitted to exist or operate upon any such Lot so as to be offensive or detrimental to
any other Lot in the vicinity thereof o r to its occupants. Without limiting the generality of any of
the foregoing provisions, no exterior speakers, horns, whistles, bells or other sound devices,
except security devices used exclusively for security purposes, shall be located, used or
placed on any Lot. The Board of Directors in its sole discretion shall have the right to
determine the existence of any such nuisance. No motorcycles or motor driven vehicles not
legal for operation on public roadways shall be operated within the Property; provided,
however, the Association Rules may include reasonable regulations regarding the use and
operation of motorcycles and motor driven vehicle not legal for operation on public roadways
consistent with the objective of minimizing nosie and other adverse impacts on the Property.
2.2.17 Clothes Washing Drying Facilities. Outside clotheslines or other outside
facilities for drying or airing clothes shall not be erected, placed or maintained on any Property.
No washing machines or dryers shall be kept or maintained on any Lot except within a Park
Model, Travel Trailer or Recreational Vehicle without the prior written approval of the Board of
Directors.
2.2.18 Mineral Exploration. No portion of the Property shall be used in any
manner to explore for or to remove any water, oil or other hydrocarbons, minerals of any kind,
gravel, earth or any earth substance of any kind.
2.2.19 Diseases and Insects. No Owner shall permit any thing or condition to
exist upon any Property which shall induce, breed or harbor infections plant diseases or
noxious insects.
2.2.20 Drainage Easement. There is hereby created a blanket easement for
drainage of groundwater on, over and across the Property. No Owner shall obstruct, divert,
alter or interfere in any way with the drainage of groundwater upon, across or over any portion
of the Property.
2.2.21 Water Usage. Each Owner shall comply with the reasonable regulations
contained in te Association Rules respecting water usage and water conservation.
2.3 Use, Restrictions, Common Area.
2.3.1 Permitted Uses:
PAGE 10
(i) Parking in designated parking spaces and parking areas by any Owner,
his guests and invitees for purposes connected with or incidental to any use of such Owner’s
Lot.
(ii) Access for vehicles and pedestrians between public streets and any
parking areas situated within the Common Area and any Owner’s Lot, for purposes connected
with or coincidental to any use of such Owner’s Lot.
(iii) Access for pedestrians on any sidewalks or walkways for purposes
connected with or incidental to any use of any Owner’s Lot.
(iv) Access for persons engaged in maintaining any portion of the Common
Area or any Owner’s Lot.
(v) Such other uses as may be adopted from time to time by the Board of
Directors and set forth in the Association Rules.
(vi) In general, the Common Area shall be used for the benefit of the Owners,
for the furnishing of services and facilities for which the same are reasonably intended and for
the enjoyment to be derived from such reasonable and proper use, without hindering the
exercise or encroaching upon the right of any other Owner to utilize the Common Area.
2.3.2 Restricted Uses:
(i) The Common Area shall not be used by Owners for storage of supplies,
materials or personal property of any kind.
(ii) The Common Area shall be subject to such other restrictions as may be
adopted by the Board of Directors and set forth in the Association Rules.
(iii) In general, no activity shall be carried on nor condition maintained by any
Owner upon the Common Area which detracts from the appearance of the Property or hinders
or encroaches upon the right of any other Owner to utilize the Common Area as reasonably
intended.
2.4 Maintenance of Common Area By Association. The Association may at any
time, as to any Common Area, conveyed, leased or transferred to it, or otherwise placed under
its jurisdiction, in the discretion of the Board of Directors, without any approval of the Owners
being required:
(i) Reconstruct, repair, replace or refinish any improvement or portion
thereof upon any such area (to the extent that such work is not done by a governmental entity, if
any, responsible for the maintenance and upkeep of such area) in accordance with (a) the last
plans thereof approved by the Board of Directors, (b) the original plans for the improvement of
(c) if neither of the foregoing is applicable and if such improvement was previously in
PAGE 11
existence, then in accordance with the original design, finish or standard of construction of
such improvement as same existed.
(ii) Construct, reconstruct, repair, replace or refinish any road improvement
or surface upon any portion of such area used as a road, street, walk and parking area.
(iii) Replace injured and diseased trees or other vegetation in any such area,
and plant trees, shrubs and ground cover to the extent that the Board of Directors deems
necessary for th conservation of water and soil and for aesthetic purposes.
(iv) Place and maintain upon any such area such signs, markers and lights as
the Board of Directors may deem appropriate for the proper identification, use and regulation
thereof.
(v) Remove all papers, debris, filth and refuse from the Common Area and
wash or sweep paved areas as required; clean and revamp lighting fixtures as needed.
(vi) Repaint striping, markers, directional signs, etc., as necessary.
(vii) Pay all real estate taxes and assessments on the Common Area.
(viii) Pay all electrical, water, gas and other utility charges or fees for services
furnished to the Common Area.
(ix) Pay for and keep in force at the Association’s expense public liability
insurance with companies acceptable to the Association in amounts with limits of liability
desired by the Owners or required of the Owners pursuant to any other recorded document
affecting the Property, such insurance to name the Association or the Owners or both as
named insureds.
(x) Do all other and further acts which the Board of Directors deems
necessary to preserve and protect the Common Area and the beauty thereof, in accordance
with general purposes specified in this Declaration.
(xi) The Board of Directors shall be the sole judge as to the appropriate
maintenance of all grounds within the Common Area.
(xii) Nothing herein shall be construed so as to preclude the Association from
delegating its powers set forth above to a manager or agent or to other persons, firms or
corporations.
(xiii) Pay for the construction or installation of lights and other utility services in
the Common Area.
2.5 Damage or Destruction of Common Area by Owners. In the event any Common Area
is damaged or destroyed by an owner or any of his guests, tenants, licensees or agents, such
Owner does hereby authorize the Association to repair said damaged area and the
PAGE 12
Association shall so repair said damaged area in a good and workmanlike manner in
conformance with the original plans and specifications of the area involved, or as the area may
have been modified or altered subsequently by the Association, in the discretion of the
Association. The amount necessary for such repairs shall be paid by said Owner, upon
demand, to the Association.
ARTICLE 3
Ownership of Common Area
3.1 Ownership of Common Area. The Association is the owner of the fee estate in
and to the Common Area existing on the date of this Declaration and shall become the o wner
of the fee estate of any additions to the Common Area. The Common Area shall remain in the
ownership and control fo the Association and there shall be no partition thereof.
3.2 Easements Over Common Area. The Board of Directors may grant permits,
licenses and easements over, upon, under and across the Common Area for utilities, roads
and other purposes which are reasonably necessary to the ongoing development and
operation of the Property. Each Owner hereby grants to each director of the Association an
irrevocable power of attorney to execute a (deed(s) or other instrument(s) to grant said
permits, licenses and easements.
3.3 Encroachments. In the event any portion of the Common Area encroaches upon
any Lot or any Improvement on a Lot encroaches upon the Common Area or another Lot as a
result of the construction, reconstruction, repair, shifting, settlement or movement of any portion
of the Improvements or the drainage of rainwater from the roof of any Improvement on a Lot, a
valid e asement for the encroachment and for the maintenance of the same shall exist, and the
rights and obligations of Owners shall not be altered in any way by said encroachments;
provided, however, that in no event shall an easement for encroachment be created n favor or
an Owner if said encroachment occurred due to the willful misconduct of any Owner. in the
event any portion of a structure on the Property is partially or totally destroyed and then
repaired or rebuilt, each Owner agrees that easements for encroachments over adjoining Lots
or Common Area and for the maintenance of said encroachments shall exist for as long as
said encroachment shall exist. A nonexclusive easement for ingress, egress and support
throughout the Common Area is and shall be appurtenant to each Lot, and the Common Area
is and shall be subject to such easement.
3.5 Ownership fo Maintenance and Recreational Equipment. The Association shall
be and become the owner of all maintenance, recreational and other equipment acquired by it
(I) for the maintenance and improvement of the Property and (ii) to implement the performance
of its other duties hereunder. The transfer of such personal property by the Association
pursuant to the Bylaws shall transfer title thereto free and clear of any claim on the part of any
Owner.
ARTICLE 4
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The Association
4.1 Management By The Association. The Association is, effective upon the
recordation hereof, the “management body” to provide for the management, control,
maintenance, architectural control and preservation of the Property, all as more specifically set
forth in this Declaration, the Articles, the Bylaws and the regulations from time to time adopted
by the Board of Directors.
4.2 Membership. Each Owner shall be and become a Member of the Association
contemporaneously with his acquisition of a Lot (whether such acquisition occurs by (ii)
voluntary transfer, assignment or conveyance of a Lot, or (iii) involuntary transfer of a lot,
including without limitation by reason of the death of an Owner, or (iv) foreclosure [by trustee’s
power of sale or by judicial process] of a deed of trust or other lien on a Lot(s) without
necessity of d ocumentation or other action, of any kind, by any person. The Board of Directors
may require that any person acquiring a Lot notify the Association in writing of such acquisition
so as to facilitate accurate record keeping of the membership. Where two or more persons
hold or own a Lot, as joint tenants or otherwise, they shall constitute a single member.
4.3 Entry on Lots. The officers, agents, employees and independent contractors of
the Association shall have a nonexclusive easement to enter any Lot for the purpose of
performing or satisfying the duties and obligations of the Association hereunder, provided that
such entry shall occur (I) at a reasonable hour and (ii) after a reasonable notice has been given
to the Owner of such Lot. In the event that there is an emergency and the Owner of such lot is
not available at the time of such emergency, the officers, agents, employees and independent
contractors of the Association may enter such Lot immediately and without notice for the sole
purpose of taking such action as is necessary under the circumstances.
4.4 Discipline of Members. In addition to all other rights, powers and duties
possessed by and vested in the Board of Directors under this Declaration, the Articles and the
Bylaws, the Board of Directors shall possess and be vested with the right and power to (I)
impose reasonable monetary penalties, in such amounts as determined by the Board of
Directors in its sole discretion, against an Owner and (ii) seek reimbursement for costs as
follows:
4.4.1 As a disciplinary measure for any breach of any of the (I) limitation,
restrictions, conditions or covenants set forth in this Declaration (other
than a breach by failure to pay an assessment), (ii) provisions of the
Articles or the Bylaws or (iii) rules or regulations adopted by the Board of
Directors pursuant to this Declaration, the Articles or the Bylaws.
4.4.2 As a means of reimbursing the Association for costs incurred by the
Association (I) for the repair of damages to the Common Area or any
improvements or personalty thereto or thereon allegedly caused by such
Owner, its guests or any occupant of such Owner’s Lot or (ii) in bringing
such Owner or the occupant of such Owner’s Lot and/or said Lot into
compliance with this Declaration (other than the payment of
assessments), the Articles, Bylaws or said rules and regulations.
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4.5 Monetary Penalties. The imposition of a monetary penalty pursuant to
Paragraph 4.4 must be done in good faith and in a fair and reasonable manner. The Owner
must be given 15 days’ prior notice of the imposition of a monetary penalty. Said notice must
set forth reasons for the imposition of the monetary penalty and may be given by any method
reasonably calculated to provide actual notice. Any notice given by mail must be given by first-class,
registered or certified mail sent to the last address of the Owner shown on the
Association’s records. The Owner must be provided an opportunity to be heard, orally or in
writing, not less than five days before the effective date of the imposition of each monetary
penalty by a properly convened meeting of the Board of Directors. Any such breach which is
not remedied in the calendar month in which the monetary penalty is imposed against an
Owner by reason thereof shall, until fully remedied, be deemed to constitute a new breach in
each succeeding calendar month for which the Board of Directors may in each such calendar
month impose a new monetary penalty pursuant to this paragraph.
4.6 Rules and Regulations. By a majority vote of the Board, the Association may,
from time to time and subject to the provisions of this Declaration, adopt, amend and repeal
the rules and regulations. The Association Rules may restrict and govern the use of any area
by any Owner, or by any invitee, licensee or lessee of such Owner; provided, however, that the
Association rules may not discriminate among Owners and shall not be inconsistent with this
Declaration, the Articles or Bylaws. 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
and may be recorded. The Association rules, whether or not recorded, shall have the same
force and effect as if they were set forth in and were a part of the Declaration and shall be
enforceable to the same extent and in the same manner as the provisions of the Declaration.
ARTICLE 5
Architectural Control
5.1 Architectural Control Committee. No building, fence, wall or other structure shall
be constructed, erected, placed or altered upon any Lot, nor shall any trees, bushes, shrubs or
plants which are in excess of six feet in height, or any likely to grow to a height in excess of six
feet, be planted or placed on any Lot, until the building or alteration plans, landscaping plans,
specifications, location plat and color scheme thereof have been approved by the Architectural
Control Committee appointed by the Board of Directors in accordance with the Bylaws. In
considering any such plans, the Architectural Control Committee shall take into account (I) the
quality of workmanship and materials to be used, (ii) harmony of external design with existing
structures in the property (iii) the interference, or potential for interference with the view from
any Lot and (iv) compliance with this Declaration. In the event the Architectural Control
Committee fails to approve or disapprove any such, specifications, plats or schemes within 30
days after all necessary documents have been received by the Architectural Control
Committee, the Owner requesting said approval may submit a written notice to the
Architectural Control Committee advising the same of its failure to act; only if the Architectural
Control Committee fails to approve or disapprove any such plans, specification, plats or
page 15
schemes within 30 days after receipt of said notice from owner, said plans, specifications,
plats or schemes shall be incontrovertibly deemed to be approved.
ARTICLE 6
Assessments
6.1 Levy of Assessments. The Board of Directors has and shall have the right and
power to make, from time to time, reasonable assessments upon the Lots to meet anticipated
authorized expenditures of the Association (which shall include the establishment of an
adequate reserve fund for maintenance, repair and replacement of all buildings, facilities and
improvements in and to the Common Area and all personal property owned by the
Association) and to change from time to time the amount, installments and/or frequency of
payment of assessments.
6.1.1. No increase or decrease in the amount of such reasonable assessments
for anticipated authorized expenditures of the Association in any one
fiscal year of the Association which exceeds 10 percent of the regular
assessment for the immediately preceding fiscal year ($80 per month for
the calendar year 1992) may be made without the vote or written ballot of
the Owners entitled to exercise a majority of the total voting power. Each
Owner shall be assessed separately for a share of such anticipated
authorized expenditures, which share shall be levied against each Owner
according to the ratio of the number of Lots owned by the Owner
assessed to the total number of Lots subject to assessment.
6.1.2 Separate written notices of the making of such assessment (including in
such notice the amount thereof and the frequency of payment) shall be
deposited into the United States mail, postage prepaid, directed to the
attention of each Owner, bearing the address of the Lot owned by such
Owner (or such other address to which such Owner shall have directed
the Association to deliver such notice), at least 30 days prior to the
beginning of a fiscal year.
6.2 Special Assessments. The Board of Directors may also levy and collect special
assessment(s) for capital improvements or other purposes in the same manner as regular
assessments are levied and collected as described in Paragraph 6.1. The amount of any
such special assessment, together with any late payment penalty incurred pursuant to this
Article, costs and reasonable attorneys’ fees in the event enforcement is commenced, shall be
and become a lien upon any Lot in the same manner as regular assessments become a lien.
Provided, however, no such special assessment exceeding, in the aggregate, 5 percent of the
budgeted gross expenses of the Association for the then current fiscal year of the Association
may be levied without the vote or written ballot of the Owners entitled to exercise a majority of
the total voting power. The provisions of the preceding sentence shall not apply to special
assessment(s) for repair, or the like, described in the article entitled “Destruction; Insurance”.
Page 16
6.3 Nonpayment of Assessments. If the Association does not receive an Owner’s
payment of the entire amount of a regular or special assessment imposed upon the Owner’s
Lot pursuant to this article within 15 days after the due date thereof, a late payment penalty by
way of liquidated damages shall be immediately due from such Owner. Each of the Owners
recognizes and acknowledges that the late payment of an assessment will cause the
Association to incur additional costs and expenses in connection with its management,
control, maintenance, architectural control and preservation of the Property and that it is
extremely difficult and impractical to ascertain the extent of such damages. Accordingly, each
Owner shall pay to the Association a late payment penalty in an amount to be determined by
the Board of Directors.
6.3.1 No late payment penalty may be imposed more than once for
delinquency of the same payment; however, the imposition of a late
payment penalty on any delinquent payment shall not eliminate or
supersede late payment penalties imposed on prior delinquent
payments. Any assessment, if not paid more than 15 days after its due
date, shall be deemed delinquent and a late payment penalty (as
described in Paragraph 6.3) shall be due from the first day following the
due date of the assessment. The late payment penalty represents a fair
and reasonable estimate of, and constitutes liquidated damages for, the
costs and expenses (other than attorneys’ fees, court costs and other
costs incurred by the Association in connection with the creation and/or
foreclosure of a lien for delinquent regular or special assessments)
which the Association will incur by reason of the late payment.
Acceptance of any late payment penalty by the Association shall neither
constitute a waiver of such Owner’s default with respect to the late
payment, nor prevent the Association from exercising any of its other
rights and remedies hereunder or at law.
6.3.2 In addition to the late payment penalty described above, each Owner
shall pay to the Association interest on all delinquent assessments at an
annual percentage rate of 12 percent from the date the delinquent
assessment was due and the amount of reasonable attorneys fees, court
costs and other costs incurred by the Association in connection with the
creation and/or foreclosure of a lien for delinquent regular or special
assessments. The Board of Directors may, from time to time, to the
