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HomeMy WebLinkAboutGebhard Village CC&RsIN WITNESS WHEREOF, the undersigned has executed this Declaration of Covenants, Conditions and Restrictions for the GEBHARD vILLAGE this day of August, 2006. GEBHARD VILLAGE, LLC AN OREGON LIMITED LIABILITY COMPANY BY: ERIC ARTNER, ITS MANAGING MEMBER STATE OF OREGON ) ss. County of Jackson ) The foregoing instrument was acknowledged before me this day of August, 2006, by ERIC ARTNER, MANAGING MEMBER OF GEHARD VILLAGE, LLC, AN OREGON LIMITED LIABILITY COMPANY, on behalf and authority of the company. Notary Public for Oregon My Commission Expires:_ 35 - DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR GEBHARD VILLAGE secnON s. succESSORS alvD AssIGNS - No WAIVER. The provisions contained in this Declaration shall bind and inure to the benefit of and be enforceable by Declarant, the Association and the owner or owners of any portion of said property, and their heirs and assigns, and each of their legal representatives, and failure by Declarant or by the Association or by any of the property owners or their legal representatives, heirs, successors or assigns, to enforce any of such conditions, restrictions and charges herein contained shall in no event be deemed a waiver of the right to do so. SECTION r. ASSIGNMENT. Any or all rights, powers and reservations of Declarant herein contained may be assigned to the Association or to any other corporation or association which is now organized or which may hereafter be organized and which will assume the duties of Declarant hereunder pertaining to the particular rights, powers and reservations assigned; and upon such corporation or association evidencing its intent in writing to accept such assignment and assume such duties, it shall to the extent of such assignment, have the same rights and powers and be subject to the same obligations and duties as are given to and assumed by Declarant herein. SECTION 8. NOTICE TO OWNERS. NOTICE TO ALL OWNERS REGARDING RESIDENTIAL CONSTRUCTION DEFECT CLAIMS: OREGON LAW CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY COMMENCE AN ARBITRATION OR A COURT ACTION AGAINST ANY CONTRACTOR, SUBCONTRACTOR OR SUPPLIER FOR CONSTRUCTION DEFECTS. BEFORE YOU COMMENCE ARBITRATION OR A COURT ACTION YOU MUST DELIVER A WRITTEN NOTICE OF ANY CONDITIONS YOU ALLEGE ARE DEFECTIVE TO THE CONTRACTOR, SUBCONTRACTOR OR SUPPLIER YOU BELIEVE IS RESPONSIBLE FOR THE ALLEGED DEFECT AND PROVIDE THE CONTRACTOR, SUBCONTRACTOR OR SUPPLIER 7'I~E OPPORTUNITY TO MAKE AN OFFER TO REPAIR OR PAY FOR THE DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY THE CONTRACTOR, SUBCONTRACTOR OR SUPPLIER. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER STATE LAW. FAILURE TO MEET THESE DEADLINES OR FOLLOW THESE PROCEDURES WILL AFFECT YOUR ABILITY TO COMMENCE ARBITRATION OR A COURT ACTION. 34 - DECLARATION OF COVENANTS, CONDITIONS AND RESTRIf,TIONS FOR GEBHARD VILLAGE covenant or restriction herein contained shall In no event be deemed a waver of the right to do so thereafter. SECTION 2. SOLE JUDGE -INTERPRETATION. The Architectural Control Committee's decision on any matter within its jurisdiction shall be final and binding on the parties in the absence of fraud, bad faith or the Committee's failure to exercise honest judgment. The Declarant's interpretation of any term, covenant, condition or restriction shall be final and conclusive in the absence of fraud, bad faith or failure to exercise honest judgment. SECnON 3. SEVF_RABILITY. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. SECTION a. AMENDMENT: The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of twenty-five (25) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years each. Any of the covenants and restrictions of this Declaration, maybe amended by an instrument signed by members entitled to cast not less than seventy-five percent (75%) of the votes. All such amendments shall be recorded in the appropriate Deed Records of Jackson County, Oregon, to be effective. SECTION 5. No RIGHT OF REVERS-oN: Nothing herein contained in this Declaration, or in any form of deed which maybe used by Dectarant, or its successors and assigns, in selling said property, or any part thereof, shall be deemed to vest or reserve in Declarant or the Association any right of reversion or re-entry for breach or violation of any one or more of the provisions hereof 33 - DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR GEk3HARD VILLAGE ingress and egress, the construction, alteration, completion and decoration of living units or other homes or improvements developed on the property, the installation, maintenance, repair and replacement of all utility and service lines and systems serving living units or other improvements developed on the property. The easement reserved shall include the right to store materials on the common property in such places and for such periods as maybe reasonably required to effect the purposes for which this easement_is_r_eser_ved.The_easement_shall_be_perpetual_and_shall_r_un_with_the-land-and shall be freely assignable by the Declarant. 13.3 OWNERS' EASEMENTS. Declarant grants to each owner an easement over the common property and over other lots for roof overhangs and other minor encroachments into the common property or other lots arising from the living unit have not been constructed or having been reconstructed precisely on the lot line. This easement shall be perpetual and shall run with the land. 13.4 GEBHARD VILLAGE' EASEMENTS. Declarant declares to the Gebhard Village Homeowners' Association an easement over the roadways on the common property for purposes of ingress and egress to other lots within Gebhard Village by the owner's their employees, agents, tenants, families and invitees. This easement shall be perpetual and run with the land. ARTICLE 14 GENERAL PROVISIONS SECTION 1. ENFORCEMENT: ThP, Associatlon, or any owner, or the owner of any recorded mortgage, deed of trust or like instrument, on any part of said property, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, easements, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association, or by any owner to enforce any 32 - DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR GEBHARD VILLAGE violation of any portions of this Declaration, the Committee shall also have the power and authority to institute legal proceedings or take other action. The Committee shall be entitled to a mandatory injunction abating the violation. All costs of litigation, including attorney fees, shall be charged to and paid by the defendant if the Committee prevails. Such charges shall constitute a lien on such property owner's lot from the date of entry of the judgment there in the judgment docket, and shall be enforceable as any judgment. In the_e_vent_the_Committee_is_not_successful,_each_par_ty_shall_pay_its_own_costs_and attorney fees. SECT~DN 11. SEVERae-L1TV. The invalidation of any said covenants, restrictions, conditions, exceptions and reservations shall in no way affect any of the other provisions, all of which shall remain in full force and effect. ARTICLE 13 EASEMENT SECTION 13.1 ASSOCIATION'S EASEMENTS. The Declarant grants t0 the ASSOCIatIOn a blanket easement with respect to all lots on fhe property for the purpose of maintaining, repairing and replacing all improvements, including but not limited to streets, sewer and water lines located on the lots and for the purpose of carrying out the Association's responsibility to maintain the exterior of the living units. It is the Association's obligation to maintain, repair and replace sewer and water lines from the main services to the building line of each unit. The easement granted in this Section shall be perpetual and shall run with the land. SECTION 13.2 DECLARANT'S EASEMENTS. The Declarant reserves to itself a blanket easement over, upon, through and under the property, including, without limitation, all lots and common property, for all purposes reasonably required in carrying out the general plan of development or otherwise developing the property, including, without lirr~itation, 31 - DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR GEBHARD VILLAGE SECTION 7. CERTIFICATION OF COMPLIANCE. At any time prior to completion of construction of an improvement, the Committee may require a certification upon such form as it shall furnish from the contractor, owner or a licensed surveyor that such improvement does not violate any setback rule, ordinance or statute, nor encroach upon any easement or right-of--way of record and/or that all construction is in strict compliance with plans approved by the Committee. SEC-TION_8._uABILIT_Y._Notwithstanding_the_appr_oval_by the_Committee_of_plans and specifications, neither it, the Declarant, GEBHARD VILLAGE HOMEOWNERS ASSOCIATION, nor any person acting in behalf of any of them shall be responsib/e in any way for any defects in any plans or specifications or other material submitted to the Committee, nor for any defects in any work done pursuant thereto. Each person submitting such plans or specifications shall be solely responsible for the sufficiency thereof, and the adequacy of improvements constructed pursuant thereto. No member of the Committee shall be held liable to any person, whether an owner of a lot within the Development or not, on account of any action or decision of the Committee or failure of the Committee to take any action or make any decision. sECnoN 9. PRINCIPAL OFFICE. The principal office of the Committee sha/I be at: GEBHARD VILLAGE, LLC, P. O. BOX 609 JACKSONVILLE, OREGON 97530, or at such other address as the Committee shall notify the public of in writing from time to time. SECnON 10. ENFORCEMENT. In the event any improvement shall be commenced without Committee approval as herein required, or in the event any improvement is constructed not in conformance with plans therefore approved by the Committee, or not in conformance with this or any applicable supplemental declaration, the same shall constitute a violation of any portion of this Declaration. In addition to the remedies for .30 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR GEBHARD VILLAGE to time be adopted by the Committee. Committee comments with respect to any applications must be strictly followed. If requested by the Committee, applications must be resubmitted to the Committee, in which case the Committee shall have forty-five (45) days after the re-submission to comment thereon. SECTION 3. COMMITTEE MEMBERSHIP. The Committee will consist of F_RIC ARTNER, his successors or assigns until such time as the planned community is turned over to the Homeowners' Association. SECTION 4. GROUNDS FOR DISAPPROVAL. The Committee may in its sole discretion disapprove any application: a. If such application does not comply with the Declaration; b. Because of the reasonable dissatisfaction of the Committee with grading location of the proposed improvement on the lot, finished ground elevation, color scheme, exterior finish, design, proportions, architecture, shape, height or style of the proposed improvement, the materials used therein, the kind, pitch or type of roof proposed to be placed thereon, or for purely aesthetical reasons. SECTION 5. RULES AND REGULAnoNS. The Committee may from time to time adopt written rules and regulations of general application governing its procedures and approval criteria, which may include, among other things, provisions for the form and content of application; required number of copies of plans and specifications; provisions for notice of approval or disapproval, and various approval criteria. Copies of such rules shall, if adopted, be available to each buyer or a lot or parcel within the Development at the time of close of escrow and shall be maintained at the office of the Committee. SECTION 6. yARIANCE's. The Committee may grant reasonable variances or adjustments from the provisions of this Declaration where literal application thereof result in unnecessary hardship and if the granting thereof in the opinion of the Committee will not be materially detrimental or injurious to owners of other lots. ?.9 - DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR GEBHARD VILLAGE ARTICLE 12 THE ARCHITECTURAL CONTROL COMMITTEE SECTION 1. RESTRICTION ON EXTERIOR REMODELING. ALTERATION OR MDD-F~CanoN. It is contemplated that all living units shall be constructed prior to sale and be part of a multiple family dwelling. For this reason, no exterior remodeling, alterations or modifications (exterior decorating) will be allowed without the prior written approval from all owners in the multiple family dwelling. /n addition, the Association, through its Board of Directors, shall also be required to approve in writing any remodeling, alterations or modifications. This Article is included in order to have a mechanism for controlling remodeling, alteration or modification in the event the need arises. SECTION 2. GENERAL POWERS . All improvements constructed or placed on any lot must first have the written approval of the Committee. Such approval shall be granted only after written application has been made to the Committee in the manner and form prescribed by it. In the event a lot owner desires to redecorate the exterior of any existing structure, it shall be necessary to submit the proposed color scheme to the Committee for its approval. F2emodeling or adding to existing structures or making structural or architectural changes shall require the lot owner to submit complete plans to the Committee as in the case of erecting new structures. Failure of the Committee to comment on any application, properly submitted, within forty-five (45) days of receipt by the Committee at its office shall be deemed approval of such application by the Committee. The Committee shall have the power to render decisions on such other matters as are referred to the Committee under this declaration. Application for such decisions and the renderings thereof to be in accordance with such rules and regulations as may from time 28 - DECLARATION OF COVENANTS, CONDITIONS AND RF_STRICTIONS FOR GEBHARD VILLAGE the Association deem desirable if, and only if, the partial or total destruction of the property by fire, casualty or other disaster is so great as to require the substantial reconstruction of the whole of the building. Any such amendment of the Declaration and Bylaws shall be valid only upon (1) the recording thereof with the appropriate offeror Jackson County; and (2) the recording with that recording officer of the approval thereof of each mortgagee and each other lienholder of record having a lien against any part of the project, or building affected by such amendment. SECTION a. AuTHORITV The Board of Directors shall have sole authority to decide whether to repair or reconstruct a living unit that has suffered damage. ARTICLE 11 DECLARANT'S SPECIAL RIGHTS Until all Lots on the Property have been constructed, fully completed and sold, with respect to the Common Property and each Lot an the Property, the Declarant shall have the following special rights: SECTION 1. SALES OFFICE AND MODEL. The Declarant shall have the right to maintain a sales office and model on one or more of the Lots. The Declarant and prospective purchasers and their agents shall have the right to use and occupy the sales office and models during reasonable hours any day of the weeks. SECTION 2. "FOR SALE'S SIGNS. The Declarant may maintain a reasonable number of "Por Sale" signs at reasonable locations on the Property, including without limitation, the Common Property. SECTION 3. DECLARANT EASEMENTS. The Declarant has reserved easements over the Property as more fully described on Article 13 hereof. 27 - DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR GEBHARD VILLAGE ARTICLE 10 DAMAGE AND DESTRUCTION SECTION 1. INSURANCE PROCEEDS SUFFICIENT TO COVER LOSS. In case of fire, casualty or any other damage and destruction, the insurance proceeds of the master policy, if sufficient to reconstruct the damaged or destroyed building, shall be applied to such reconstruction which shall commence within one hundred twenty (120) days of such damage, or as soon thereafter as proceeds are available. Reconstruction of the damaged or destroyed building, as used in this paragraph, means restoring the building to substantially the same condition in which it existed prior to the fire, casualty or disaster, with each living unit and the common property having the same boundaries as before. Such reconstruction shall be accomplished under the direction of the Board of Directors. SECTION 2. INSURANCE PROCEEDS INSUFFICIENT TO COVER LOSS. If the insurance proceeds are insufficient to reconstruct the damaged or destroyed building, the damage to, or destruction of, such building shall be promptly repaired and restored under supervision of the Board of Directors, using the proceeds of insurance, if any, on the building for that purpose and all the owners shall be liable for assessment for any deficiency for such reconstruction, such deficiency to take into consideration as the owner's contribution any individual policy insurance proceeds provided by such owner. Such reconstruction shall commence within one hundred twenty (120) days of such damage, or as soon thereafeer as proceeds are available. SECTION 3. ARCHITECTURAL CHANGES AFTER DAMAGE OR DESTRUCTION. Notwithstanding all other provisions hereof, the owners may, by an affirmative vote of a majority of both classes of members cause an amendment to be made to the Declaration and Bylaws so as to facilitate architectural changes that the owners affected thereby and 26 - DECLARATION OF COVF_NANTS, CONDITIONS AND RESTRICTIONS FOR GEBHARD VILLAGE SECTION 9. UTILITYLINES. All utility lines and connections within the Development shall be placed underground. No light shall be suspended from a pole in excess of ten (10) feet from the ground within the Development, except those owned and maintained by the City of Central Point or as expressly approved in writing by the Committee. SECTION 70. NO COMMERCIAL ENTERPRISE. No business or commercial enterprise shall be performed or conducted upon any lot or within any dwelling or garage within the Development, except for a home business as allowed under the City of Central Point code covering planning and zoning and for construction and sales activities directly related to and during the Development stage of the Development. Permission for any temporary construction or sales facility must be in writing by the Association and maybe revoked at any time by the Association. Nothing herein contained shall be construed as preventing the construction of improvements within the Development approved by the Association. SECTION 17. PEACEFUL ENJOYMENT. No use of any lot or structure within the Development shall annoy or adversely affect the use, value, occupation and enjoyment of adjoining property of the general neighborhood. Final determination within these bounds shall be left to the discretion of the Committee. SECTION 12. EXTERIOR LIGHTING. All exterior lighting plans must be submitted to the Architectural Committee. Exterior lighting, which can be seen from the roads or a neighboring home site must be indirect. The light source may not be visible in such circumstances. The intent is to keep lights low in order not to infringe on any neighboring property. 25 - DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR GEBHARD V/I.LAGE maybe granted by the Association upon application. No other signs shall be permitted except as specified in this section. SECTION 4. ANIMALS. No animals shall be kept or maintained on any lot except the usual household pets not kept for commercial purposes, which shall be kept reasonably confined so as not to become a nuisance. Household pets shall not unreasonably interfere with the comfort, privacy or safety of other owners within the Development. No dogs that have a known propensity, tendency or dispositions to attack without provocation-orotherwise-endanger-the-safety-of persons and-domestic-animals-are allowed (an example is a pit bull). SECTION 5. CONCEALMENT OF TRASH RECEPTACLES. EVery receptacle fOY ashes , trash, rubbish or garbage shall be installed underground or be so placed and kept as not to be visible from any street, lot or area within the Development except at the times when refuse collections are made. SECTION 6. ANTENNAS-SATELLITE DISHES. Television antennas, satellite dishes and antennas for shortwave or ham radio installations will not be installed on any lot without express written permission from the Committee. The sole exception are small satellite dishes which do not exceed an eighteen (18) inch diameter. An example is an RCA 18"dish. SECTION 7. AUTOMOBILES. TRAVEL TRAILERS. MOTOR HOMES AND BOAT STORAGE. No automobile, travel trailer, motor home, recreational vehicle (RV) house trailer, boat or boat trailer or other type of trailer shall be parked within the Development for more than twenty-four (24) hours unless kept within a fully enclosed roofed garage. SECTION 8. RESTRICTION ON MOTOR VEHICLES. NO llving Unlt Shall b6 a//Owed more than two (2) motor vehicles. No commercial trucks or motor vehicles are allowed with the sole exception of standard pickup trucks, vans or automobiles. 24 - DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR GEBHARD VILLAGE written notice to undertake such work as maybe necessary and desirable to remedy the unsightly, unsanitary, or hazardous condition, the cost of which shall be paid by the owner of said lot. The Association has sole discretion as to what is unsightly or unsanitary. Neither the Association nor any of its agents, employees or contractors shall be liable for any damage which may result from any maintenance work as performed nor shall the Association or any of its agents or employees be liable for any failure to exercise the right to also maintain any lot. SECTION 2. NUISANCES. No noxious or offensive activities or nuisances shall be permitted on any lot in the Development. No refuse, unsightly or abandoned vehicles, debris, noxious material, discarded personal effects, construction materials not for immediate use, compost materials or similar matter shall be permitted on any lot or portion thereof. It is incumbent upon all property owners to maintain their lots and yards in a neat, orderly and well-groomed manner, whether said lots are vacant or improved. SECTION 3. SIGNS AND LOT NUMBERS. Other than during construction of a house, no sign, billboard or advertising structure of any kind maybe displayed on any lot or parcel except upon application to and receipt of written permission from fhe Association. The Association shall not unreasonably withhold permission with respect to signs advertising a home or a lot for sale or rent. One sign, identifying the contractor during construction or advertising a home for sale, is permitted. Subcontractor and material person signs are prohibited. Contractor signs must be removed upon completion of construction or when lot has sold. Signs not meeting the standards and other specifications set forth herein, or as approved by the Association will be removed from the premises where displayed. They will be held for fourteen (14) days in the administrative office of the Association. if not claimed within fourteen (14) days, the signs will be disposed of in the Association's sole discretion. Exceptions to the above criteria 23 - DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR GEBHARD VILLAGE exists or is amended from time to time. In any legal action brought by the Association to foreclose a lien on a lot because of unpaid common expenses, the owner shall be required to pay reasonable rental for the use of the lot and improvements thereon during the pendency of the legal action. In addition, the owner(s) shall be required to pay the Association reasonable attorney fees incurred in collecting the assessments, including any attorney fees at trial or on appeal. The Association shall have the power to purchase the_lot_at_the_for_e-ctosur_e_sale_and_to_acquir_e,_hold,lease mor_tgage,_vote_the_votes appurtenant to, convey, or otherwise deal with the property. A suit or action to recover a money judgment for unpaid common expenses shall be maintainable without foreclosing the liens securing same. SECTON ~~. RESERVE TRUST FUNDS: The Association shall have authority to elect by resolution to establish one or more trust funds to hold reserves for the maintenance, repair or replacement of specific items, in which case it shall either designate part of the regular assessment or establish separate assessments for such purposes. The proceeds therefrom shall be held in such trust funds and used only for the designated maintenance, repairs or replacements. ARr~cLE ~o USE RESTRICTIONS The following restrictions shall be applicable to the real property and shall be for the benefit of and limitations upon all present and future owners of said property, or of any interest therein: SECTION 1.. MAINTENANCE OF LOTS. All lots, whether vacant or improved, occupied or unoccupied, and any improvements placed thereon, shall at all times be maintained in such manner as to prevent their becoming unsightly, unsanitary, or a hazard to health. If not so maintained, the Association shall have the right ,after giving thirty (30) days 22 - DECLARATION OF COVENAN7:S, CONDI'PIONS AND RESTRICTIONS FOR GEBNARD VILLAGE The owner of said property at the time said assessment becomes due shall be personally liable for the expenses, costs and disbursements, including the reasonable attorneys' fees of the Association or of the Declarant, as the case maybe, of processing and if necessary, enforcing such liens, all of which expenses, costs and disbursements and attorneys' fees shall be secured by said lien, including fees on appeal, and such owner at the time such assessment is incurred, shall also be liable for any deficiency r_emaining_unpaid_after_an_y_for_edosur_a_salE._No_owner_may wai_v~or~th~rwisP escape liability for the assessments provided for herein by non-use of the Common Areas or abandonment of his Lot or any improvement thereon. SECTION 14. SUBORDINATION OF THE LIEN TO MORTGAGES: The lien Of the assessments provided for herein shall be inferior, junior and subordinate to the lien of any first (1st) mortgages and trust deeds now or hereafter placed upon said property or any part thereon in connection with the sale of said property. Sale or transfer of any Lot or any part of said property shall not affect the assessment lien. No sale or transfer shall relieve such Lot and any improvements thereon from liability for any assessments or from the lien thereof SECTION 15. EXEMPT PROPERTY.• The following property subject to this Declaration shall be exempt from the assessments created herein: (A) All properties expressly dedicated to and accepted by a local public authority; (B) The Common Areas; and, (C) All other properties owned or utilized for the enjoyment of the members in the Association's sole discretion. SECTION 16. FORECLOSURE OF LIENS FOR UNPAID COMMON EXPENSES: The Association shall be entitled to foreclose a lien as provided in ORS 94.709 as it currently 21 - DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR GEBHARD VILLAGE SECTION 73. EFFECT OF NONPAYMENT OF ASSESSMENTS. REMEDIES OF THE ASSOC-ATION: Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within ten (70) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of twelve percent (72%) per annum, and there shall be a Twenty-Five Dollar ($25.00) late charge for each month that said assessments are not paid to cover the administrative expenses of keeping the books and billings for same. The Association shall be entitled to pursue all legal remedies. In addition, the Association shall be entitled to restrict or terminate a delinquent owners' use of any common areas. Any rights shall be cumulative. The Association shall have a lien against the property as provided in ORS 94.709. The Secretary of said Association shall file in the office of the Director of Records, County Clerk, or appropriate recorder of conveyances of Jackson County, State of Oregon, a statement of the amount ofany-such charges or assessments, together with interest as aforesaid, which have become delinquent with respect to any Lot of said property, and upon payment in full thereof, shall execute and file a proper release of the lien securing fhe same. The aggregate amount of such assessment, together with interest costs and expenses and a reasonable attorneys' fee for the filing and enforcement thereof, shall constitute a lien on the whole lot with respect to which it is fixed and on any improvements thereon, from the date the notice of delinquency thereof is filed in the office of said Director of Records or County Clerk or other appropriate recording office, until the same has been paid or released as herein provided. Such lien maybe enforced by said Association in the manner provided bylaw with respect to liens upon real property (ORS 94.709). 20 - DF_CLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR GEBHARD VILLAGE SECTION 10. UNIFORM RATE OF ASSESSMENT: Both regular periodic assessments and any special assessments must be fixed at a uniform rate for all Lots and maybe collected on an annual, quarterly or monthly basis at the discretion of the Board of Directors. SECTION 11. UC~ORUM_FOR ANYAUTHORIZED ACTION. At any meeting called the presence at the meeting of members or of proxies entitled to cast fifty-one percent (57%) of-all-the-votes_shall_constitute_a_quor_um._!f_the_r_equir_ed_quor_um_isnot_f9r_thcoming_at any meeting, another meeting maybe called, subject to the notice requirement and the required quorum at such subsequent meeting shall be twenty-five percent (25%) of all the votes. SECTION 12. DATE OF COMMENCEMENT OF ANNUAL ASSESSMENTS, DUE DATES: The assessments provided for herein shall commence as to all Lots (other than unimproved lots held for resale by Declarant) on the first day of the month following the conveyance of each lot to an owner other than the Declarant. The Board of Directors shall fix the amount of the regular assessment at least thirty (30) days in advance of each annual assessment period. Written notice of the assessment shall be sent to every owner subject thereto. The due dates shall be established by the t3oard of Directors. The Association shall upon demand at any reasonable time furnish a certificate in writing signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A reasonable charge maybe made by the Association for the issuance of these certificates. Such certificate shall be conclusive evidence of payment of assessment therein stated to have been paid. Not withstanding any other provisions contained herein the Declarant shall not be assessed for any unimproved lots held for resale. 19 - DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR GEBhIARD VILLAGE SECTION 8. LIVING UNIT RESERVE ACCOUNT/OPERATING RESERVE. The assessment against each lot that has been improved with a substantially completed living unit shall include an amount allocated to a reserve account established for the purpose of funding painting, staining and replacing those exterior portions of all living units on the property which will require painting, staining, roofing or replacing in more than three (3) and less than thirty (30) years. Amounts assessed with respect to reserves shall take into account the estimated remaining life of the items for which the reserves are established and the current replacement cost of such items. The assessments under this section shall accrue from the date a lot is improved with a substantially competed living unit. The Declarant, at the Declarant's option, may defer all accrued assessments until the lot is sold, at which time such account assessment shall be paid to the Association. The Declarant may require the owner to whom such lot is conveyed to reimburse the Declarant for this portion of the assessment. SECTION 9. SPECIAL ASSESSMENTS. The Board of Directors shall have the power to levy special assessments against an owner or owners in the following manner for the following purposes: A. To correct a deficit in the operating budget by vote of a majority of the Board; B. To collect amounts due to the Association from owner for breach of the owner's obligations under the Declaration, these Bylaws or the Association's rules and regulations, by vote of a majority of fhe Board; C. Upon vote of a majority of the Board of Directors, to make repairs or renovations to the common property and/or to those portions of the living units for which the Association has-the responsibility of maintenance and replacement if sufficient refunds are not available from the operating budget or replacement reserve accounts; or D. To make capital acquisitions, additions or improvements, by vote of at least seventy-five (75%) of all votes allocated to the lots. 18 a DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR GEBHARD VILLAGE SECTION 7. COMMON PROPERTY RESERVERCCOUNT. The assessment against each lot, regardless of whether it has been improved, shall include an amount allocated to the reserve account established for the purpose of funding replacements of those elements of the common property that will normally require replacement, in whole or in part, in more than 3 and less than 30 years. The account shall be in the name of the Association and be separated from other funds. It shall be used for the purpose for which the reserves have been established. The account shall also fund other items, whether or not involving common property, if the Association has responsibility to maintain the items unless they could reasonably be funded from operating assessments. Amounts assessed with respect to reserves shall take into account the estimated remaining life of the items for which the reserve is created and the current replacement cost of such items based on the results of the Reserve Study described in Section 6 of this Article. The reserve account need not include reserves for-those items for which one or more members are responsible for maintenance and replacement under the provisions of this Declaration or the Bylaws. The assessment pursuant to this section shall accrue from the date of conveyance of the first lot in the development. The board may borrow funds from this reserve account to meet high demands on the regular operating funds or to meet other unexpected increases in expenses. The board shall repay such funds according to a written payrnent plan adopted no later than the date the budget is adopted for the following year, said plan providing for repayment within a reasonable period. The Association may, on an annual basis by a unanimous vote, elect not to fund the reserve account. ey a vote of at least seventy-five percent (75%) of the members, the Association may also elect to reduce or increase future assessments for the account. 17 - DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR GEI3HARD VILLAGE items for which the reserve is created and the current replacement cost of the items. The reserve account shall be established in the name of the hlomeowner's Association. The Association is responsible for administering the account and for making periodic payments into the account. The Association shall adjust the amount of the payments at regular intervals to reflect changes in current replacement costs over time. The reserve account maybe used only for maintenance, repair and replacement of the improvements belonging to the Association or the improvements which the Association is responsible for maintaining. However, after the individual lot owners have assumed responsibility for administration of the planned community, the board of directors may borrow funds from the reserve account to meet high seasonal demands on the regular operating funds or to meet other temporary expenses. Funds borrowed to meet temporary expenses under this Section must be repaid later from special assessments or maintenance fees. Assessments paid into the reserve account are the property of the Association and are not refundable to sellers or owners of the lots. SECTION 6. COMMON PROPERTY RESERVE' STUDY. The Board Shall COndUCt an annual update to the Reserve Study performed by the Declarant to determine the reserve account requirements and may adjust the amount of payments as indicated by the study or update and provide for other reserve items that the board may deem appropriate. The study shall include identification of all items for which reserves are required to be established, their estimated remaining useful life, the estimated cost of maintenance, repair or replacement of each item at the end of its useful life, and a 30- year plan to meet that maintenance, repair and replacement schedule. 16 - DECLARATION OF' COVENANTS, CONDITIONS AND RESTRICTIONS FOR GEBWARD VILLAGE SECTION 4. SPECIAL ASSESSMENTS FOR CAPITAL IMPROVEMENTS: In addition to the annual assessments authorized above, the Association may levy in any assessment year, a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Area, including the necessary fixtures and personal property related thereto, provided that any such special assessment for structural alterations, capital additions or capital improvements shall require the approval of a fifty-one percent (51 %) majority of the members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting setting forth the purpose of the meeting. This section shall not prohibit the Directors from authorizing capital expenditures for replacements or repairs or improvements from funds generated by regular assessments. SECTION 5. RESERVE ACCOUNT. A reserve account for maintaining the streets, driveways, landscaping, fences and for painting, staining and replacing those portions of all living units which will require painting, staining, roofing or replacing and other improvements belonging to the Association or the improvements which the Association is responsible for maintaining shall be established pursuant to ORS 94.595. The reserve account established under this Section shall be funded by assessments against the individual lots for maintenance of items for which the reserves are established. The assessments shall begin accruing from the date the first lot assessed is conveyed. The lleclarant may defer payment of the accrued assessment for a lot until the date the lot is conveyed. The amounts assessed shall take into account the estimated remaining life of the 95 - DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR GEBHARD VILLAGE The regular and special assessments, together with such interest thereon and costs of collection thereof, as hereafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with such interest, costs and reasonable attorneys' fees, shall also be the personal obligation of the person who was the owner of such property at the time such assessment became due. The obligation shall remain a lien on the property until paid or foreclosed. SECTION 2. PURPOSE OF ASSESSMENTS: The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents of said property and in particular for the improvement and maintenance of said property, services, and facilities devoted to this purpose and related to the use and enjoyment of the Common Area and of the Lots situated upon said property. Assessments may not be waived due to limited or non-use of the Common Area. SECTION 3. BASIS AND MAXIMUM OF ANNUAL ASSESSMENTS: Until January 1st of the year immediately following the conveyance of the first lot to an owner, the maximum regular monthly assessment shall be seventy-five dollars ($75.00) for each lot subject thereto, exclusive of assessments for common utilities. From and after January 1st of the year immediately following the conveyance of the first lot to an owner, the monthly assessment maybe increased effective January 1st of each year by the Directors of the Association as necessary to accomplish the duties of the Board of Directors and objectives of the Homeowners Association. The Declarant shall not be assessed for any unimproved lots held for resa/e. 1 he assessments shall begin immediately following the conveyance of the lot(s) to an owner. At closing, each owner shall pay none-time assessment in the amount of three (3) times the monthly assessment as a one time contribution to the working capital of the Association. 74 _ DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR GEBHARD VILLAGE enjoyment to the Common Areas and facilities to the members of his or her family, tenants, or contract purchasers, providing they reside on the property. SECTION 5. TITLE TO THE COMMON AREAS: The Declarant hereby covenants for themselves, their heirs and assigns, that they will convey to the Association fee simple title to the Common Area designated as such on the plat as recorded in the Jackson County Official Records on or before the turnover meeting. SECTION 6. DAMAGE OR DESTRUCTION OF PROPERTYBYOWNER. In the event any property, including but not limited to common property, is damaged or destroyed by an owner or any of his or her guests, tenants, licensees, agents or members of his or her family in a manner that would subject such owner to liability for such damage under Oregon law, such owner does hereby authorize the Association to repair such damage; the Association shall repair damage in a good and workmanlike manner as originally constituted or as the area maybe modified or altered subsequently by the Association in the discretion of the Association. The reasonable cost necessary for such repairs shall; become a special assessment upon the lot of the owner who caused or is otherwise responsible for such damage. ARncLE s COVENANT FOR MAINTENANCE ASSESSMENTS SECTION 1. CREATION OF THE LIEN AND PERSONAL OBLIGATION OF ASSESSMENTS: The Declarant hereby covenants for all of said property, and each owner of any Lot by acceptance of a deed or contract for purchase therefor, whether or not it shall be so expressed in any such deed or other conveyance or agreement for conveyance, is deemed fo covenant and agree to pay to the Association: (9) Regular annual or other regular periodic assessments or charges; and, (2) Special assessments for capital improvements, such assessments to be fixed, established, and collected from time to time as hereinafter provided. 13 - DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR GEBHARD VILLAGE SECTION 3. MEMBERS' EASEMENTS OF ENJOYMENT: Every member of the Association shall have a right and easement of enjoyment in and to the Common Area and such easement shall be appurtenant to and shall pass with title to every Lot; subject, however to the following provisions: (A) The right of the Association to limit the number of guests of members permitted to use the Common Area; (8) The right of the Association to charge reasonable admission fees for the use_of_any r_ecr_eational_facility or_other_impr_ovemQnt. (C) The right of the Association in accordance with its Bylaws to borrow money for the purpose of improving any Common Area and to encumber the Common Area for the purpose of financing the improvements. (D) The right of the Association to suspend any member's voting rights and/or right to use the Common Area, for any period during which any assessment against said member's property remains unpaid; for a period not to exceed ninety (90) days for each infraction of its published rules and regulations; (E) The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for such purposes and subject to such conditions as maybe agreed upon by the members. No such dedication or transfer shall be effective unless an instrument signed by members entitled to cast three-fourths (75%) of the votes has been recorded in the appropriate records of Jackson County, Oregon agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every member not less than thirty (30) days nor more than sixty (60) days prior to such dedication or transfer; (F) The right of Directors of the Association to promulgate reasonable rules and regulations governing such rights of use, from time to time, in the interest of securing maximum safe usage of the Common Area by the members of the Association without unduly infringing upon the privacy or enjoyment of the owner or occupant of any part of said property, including, without being limited thereto, rules restricting persons under or over designated ages from using certain portions of the property during certain times. SECTION 4. DELEGATION OF USE: Any member may delegate, in accordance with the rules and regulations adopted from time to time by the Directors, his or her right of 92 - DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR GEI3HARD VILLAGE purpose of selecting a transitional advisory committee not later than the sixtieth (60th) following the date that the Declarant conveys fifty percent (50%) or more of the lots in the planned community to owners other than a successor Declarant. The transitional advisory committee shall consist of three or more members. The owners, other than the Declarant, shall select two or more members. The Declarant may select one member. SECTION 3. TURNOVER MEETING. The Declarant shall call a meeting for the purpose of turning over administrative control of the Association from the Declarant to the members within one hundred twenty (920) days of the earlier of.• (a) a date five (5) years from the date this Declaration is recorded; or (b) the date that lots representing seventy-five percent (75%) of the total number of lots have been conveyed to persons other than the Declarant. The Declarant shall give notice of the meeting to each owner as provided in the Bylaws. If the Declarant does not call the meeting required under this Section, any vwner may do so. ARTICLE 8 PROPERTY RIGHTS SECTION 1. ME.MBERS'PROPERTYRIGHTS: Every member of the Association shall have a right and easement of enjoyment in and to the area designated as the Common Area. The easement shall be appurtenant to and shall pass with title to every Lot. SECTION 2. RULES AND REGULATIONS. The DirP,CtOYS of the ASSOCIatIOn shall be entitled to promulgate reasonable rules and regulations governing each owner's (members) rights to use and enjoy all property in GEBHARD w~ LAGE. The rules and regulations shall be in the interest of securing maximum safe usage for all owners without unduly infringing upon any owner's privacy or enjoyment of the property. 11 - DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR GEBNARD VILLAGE equal to the total number of Lots annexed to the Property and subject to this Declaration as of such termination date. SECTION 3. PROCEDURE. All meetings of the Association, Board of Directors, the Architectural Review Committee and Association committees shall be conducted in accordance with such rules of order as may from time to time be adopted by the Board of Directors. A tie vote does not constitute a majority or approval of any motion or SECTION 4. MEMBERSHIP /N GEBHARD VILLAGE HOMEOWNERS' ASSOCIATION. Each owner Shall be a member Of the GEBHARD VILLAGE HOMEOWNERS' ASSOCIATION, and such owner and the Lot owned by such Owner shall be subject to all the terms and provisions of the GEBHARD VILLAGE HOMEOWNERS' ASSOCIATION'S Covenants, Conditions and Restrictions, Articles of Incorporation, Bylaws, design guidelines and rules and regulations, including without limitation, the power of GEBHARD vaLAGE HOMEOWNERS' ASSOCIATION to impose and collect assessments against the Owners and their Lots. ARTICLE 7 DECLARANT CONTROL -TURNOVER OF ADMINlS7"BATOR CONTROL SECTION 1. INTERIM BOARD AND OFFICERS. Declarant reserves administrative control of the Association. The Declarant, in his or her sole discretion, shall have the right to appoint and remove members of an interim Board of Directors, which shall manage the affairs of the Association and which shall be vested with all powers and rights of the Board of Directors. SECTION 2. TRANSITIONAL ADVISORY COMMITTEE. The Declarant shall form a transitional advisory committee to provide for the transition of administrative control from the Declarant to the members. The Declarant shall call a meeting of owners for the 10 - DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR GEBHARD VILLAGE ARTICLE 6 VOTING RIGHTS SECTION 9. PROXY. Each owner may cast his or her vote by absentee ballot or pursuant to a proxy executed by the Owner. An Owner may not revoke a proxy given to fhe person presiding over a meeting of the Association. A proxy shall not be valid if it is undated or purports to be revocable without notice. A proxy shall terminate one (1) year after its date, unless the proxy specifies a shorter time. sECT~oN 2, vorwG RIGHTS. The Association shall have two (2) classes of voting members: (A) CLASS A. Class A members shall be all Owners of Lots other than the Declarant, and each Class A member shall be entitled to one (7) vote for each Lot owned with respect to all matters upon which Owners are entitled to vote. (8). CLASS e. Class 8 members shall be the Declarant, its successors and assigns. The Class B member shall have three (3) votes for each Lot owned. Provided, however, that all Class 8 memberships shall cease upon the earlier of a date five (5) years from recording of this Declaration or the conveyance by Declarant of Lots, representing seventy-five percent (75%) of the total number of votes ("termination date'). Thereafter, each Owner, including the Declarant, shall be entitled to one (9) vote for each Lot owned with respect to all matters upon which owners are entitled to vote, and the total number of votes shall be equal to the total number of Lots. When more than one (7) person or entity owns a Lot, the vote for such Lot may be cast as they shall determine, but in no event will fractional voting be allowed. 1=ractionalized or split votes shall be disregarded, except for purposes of determining a quorum. The total number of votes as of such termination date and thereafter shall be .9 - DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR GEBHARD VII-CAGE C. The Association shall be responsible for the maintenance, repair and replacement of sanitary sewer lines and any other utility lines from the connection with the main service line owned and maintained by the service provider to a point within or under the owner's living unit or for water service lines up to the meter measuring water service to the individual living unit. SECTION 6. MAINTENANCE -OWNER'S RESPONSIBILITIES. Each owner shall perform all maintenance, repair and replacements of the interior of owner's living unit and shall perform all maintenance, planting, pruning, mowing and cleaning of al/ lots and landscaping on owner's lot within areas enclosed by a fence or courtyard. Each owner shall be responsible for the maintenance, repair and replacement of any improvements or materials located within the area on each owner's lot enclosed by a courtyard or a fence. Each owner shall be responsible for the maintenance, repair and replacement of any utility lines, including sanitary sewer lines within and under the owner's living unit or within or under any area enclosed by a fence or courtyard. ARTICLE 5 MEMBERSHIP Every person or entity who is a record owner of a fee or undivided fee interest in any lot which is subject by covenants of record to assessment by the Association, or in the case of sale under contract, the contract purchaser, shall be a member of the Association. The foregoing is not intended to include persons or enfities who hold an interest merely as security for the performance of an obligation. No owner shall have more than one membership per lot owned. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification for membership and shall automatically commence upon a person becoming such owner and shall automatically terminate when such ownership shall terminate or be transferred. 8 - DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR GEBHARD VILLAGE 4.3 DESTRUCTION BY FIRE OR OTHER CASUALTY. If a party wall is destroyed or damaged by fire or other casualty, the provisions of Article 10 of this Declaration shall apply with regard to repair or reconstruction of such wall. 4.4 WEATHERPROOFING. Notwithstanding any other provision of this Article, an owner who by his or her negligent or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. 4.5 RIGHT TO CONTRIBUTION RUNS WITH LAND. The right of any owner to contribution from any other owner under this Article shall be appurtenant to the land and shall pass to such owner's successor in title. 4.6 aR6-TRanON. In the event of any dispute arising concerning a party wall or concerning the obligation of the owners or the Association pursuant to the provisions of this Article, one party shall provide the other with a list of three arbitrators which are acceptable to the party. F_ach arbitrator shall be an attorney in good standing practicing law in South Oregon. The other party shall select an arbitrator from the list. The one arbitrator selected shall resolve the dispute. SECTION 5. EXTERIOR MAINTENANCE -ASSOCIATION RESPONSIBILITIES. The Association shall perform all maintenance, repair and replacement of the exterior of living units on lots, excluding doors, door frames, windows and window frames, skylights and skylight frames (if any), but including, without limitation, the following: A. Painting or staining of siding, rain gutters, roofs and chimneys. B. The Association shall perform all maintenance, planning, pruning, mowing and cleaning of all lawns and landscaping on the property, including, without limitation, all landscaping and lawns on owner's lots, excluding only so much of the same as is completely enclosed by a fence or courtyard on owner's lots. 7 _ DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR GEBHARD VILLAGE ARTICLE 4 RESTRICTIONS AND MAINTENANCE RESPONSIBILITIES SECTION 7. ALTERATIONS. Except as otherwise specifically provided in this Declaration, no fence, residential building or other structure of any type shall be erected, altered, placed, modified or permitted to remain on any lot other than the original living. units as originally constructed or replaced in a manner having a substantially similar appearance to the original unit. SECTION 2. COMMON PROPERTY. No owner shall construct or p ace any structure, material, planting, equipment or any object of any kind on any portion of the common property unless granted prior written permission by the Board of Directors, and then only in strict compliance with the written authorization. SECTION 3. WALLS AND FENCES. The Wa11S and/OY fenCBS In GEBHARD VILLAGE shall not be altered unless the owner is granted written permission by the Board of Directors and then only with strict compliance with the written authorization. SECTION 4. PARTY WALLS. 4.1. GENERAL RULES OF LAW TO APPLY. Each Wall built aS part Of the original construction of the living units or as a part of reconstruction pursuant to Article 10 of this Declaration upon the property which divides living units and which is placed on the divided line between the lots shall constitute a party wall, and to the extent not inconsistent with the provisions of this Article, the general rules of /aw regarding party walls shall apply. 4.2 SHARING OF REPAIR AND MAINTENANCE. The COSt Of repair and maintenance of a party wall shall be shared equally by the owners whose living units are divided by such wall. 8 - DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR GEBHARD VILLAGE (A) A reference to this Declaration stating the date of recording and the recording information where the Declaration is recorded. (13) A statement that the Covenants, Conditions and Restrictions of this Declaration or some specified part shall apply to the additional property. (C) A legal description of the additional property. (D) Such other or different covenants, conditions and restrictions as Declarant shall, in its sole and absolute discretion, specify to regulate and control the use, occupancy and improvement of the SECTION 2. EFFECT OF ANNEXATION. The property included in any annexation shall become part of GEBHARD wLLAGE, a Planned Community to the City of Central Point, State of Oregon. The Declarant and the Association shall have and shall accept and exercise administration of this Declaration with respect to the additional property. A. NO LIMITATION ON ANNEXATION. There is no limitation on the number of lots which Declarant may create or annex to GEBHARD VILLAGE. There is no limitation on the right of Declarant to annex additional areas. 8. VOTING RIGHTS. Upon annexation, the additional lots shall be entitled to 'the voting rights set out in Article 6 entitled "Voting Rights." C. ADJUSTMENT OF ASSOCIATION EXPENSES. The formula to be used for reallocating the common expenses if additional lots are annexed and the manner of reapportioning the common expenses if additional lots are annexed is set forfh in Article 9 entitled "Covenant for Maintenance Assessments." SECTION 3. AMENDMENT OF PLANNED COMMUNITY. Each owner, by acceptance of an equal or equitable interest in the owners' lot, appoinfs Declarant as owners' attorney-in-fact to execute all documents and to take all action necessary or reasonably necessary to obtain approval of such amendments to GEBHARD VILLAGE'S land use approval. 5 - DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR GEBHARD VILLAGE the future maybe annexed is described on Exhibit "8." The legal description of the common property is described and shown on the plat for GEBHARD VILLAGE which is marked Exhibit "C" and attached. SECTION 3. DESCRIPTION OF DEVELOPMENT, SECTION 4. IMPROVEMENTS IN THE COMMON PROPERTY. The common property will be improved with a private street, driveways and landscaping. Declarant contemplates-that the-str-eets, dr_iveways_and_landscaping_will_be_completed_prior_t~ the conveyance of any lot in Phase 1. ARTICLE 3 ANNEXATION OF ADDITIONAL PROPERTY Declarant has reserved the right to annex additional property to the Association in its sole and absolute discretion. In the event Declarant expands the Planned Community by annexing additional lots and/or common property, the following provisions shall apply, ORS 94.580(3): SECTION 7. SUPPLEMENTAL DECLARATION. Declarant may, at any time during the term of this Declaration, add all or a portion of the land described on Exhibit "8" to the property which is covered by this Declaration and upon recording of a supplemental declaration, the provision of this Declaration specified in the supplement declaration shall apply to the annexed property in the same manner as if it were originally covered by this Declaration. Thereafter, to the extent this Declaration is made applicable to the property on Exhibit "l3,"the rights, powers and responsibilities of Declarant and owners of fhe parcels within the additional property shall be identical to the owners of tf~e property described on Exhibit `A." The supplemental declaration shall include, but not be limited to the following provisions: d - DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR GEBIiARD VILLAGE SECTION 3. LIVING UNIT "Living unit" or "unit" shall mean and refer to any portion of a structure situated upon the property designed and intended for use and occupancy as a single family residence. SECTION 4. MEMBER. "Member" shall mean and refer to every person or entity who holds membership in the Association. SECTION 5. MORTGAGE. "Mortgage" shall mean a Deed of Trust or a Contract of SECTION 6. MORTGAGEE. "Mortgagee" shall also mean a beneficiary under a Trust Deed or a vendor (seller) under a Contract of Sale. SECTION 7. OWNER. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of all or any part of said property but in the case of a sale under a Contract, owner shall mean the contract purchaser. SECTION 8. DECLARANT. "Declarant" shall mean and refer to the undersigned, and their successors, heirs and assigns. ARTICLE 2 GENERAL PLAN OF DEVELOPMENT SECTION 7. COMPLIANCE WITH OREGON PLANNED COMMUNITYACT. ThIS Declaration is adopted pursuant to the Oregon Planned Community Act, ORS 94.550 to URS 94.783. SECTION 2. PROPERTY SUBJECT TO THIS DECLARATION. The real property which is and shall be held, transferred, sold and conveyed and occupied subject to and pursuant to this Declaration is located in the City of Central Point, Jackson County, Oregon. The real property is more particularly described on Exhibit `;4"and attached. The Declarant is reserving the right, but not the obligation, to annex additional property and to subject the additional property to the terms and provisions of this Declaration. The property which in 3 - DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR GEBHARD VILLAGE the planned community. The bylaws of the homeowner's association shall be recorded in the Official Records of Jackson County, State of Oregon, as mandated by ORS 94.625. The name of the nonprofit corporation shall be the GEBHARD wLLAGE HOMEOWNER'S ASSOCIATION, INC., an Oregon nonprofit corporation. NOW, THEREFORE, Declarant declares that the real property described on Exhibit "A"is and shall be held and conveyed and occupied subject to the provisions of the Oregon Planned Community Act, ORS 94.550 to ORS 94.783, and subject to the easements, conditions and covenants hereafter set forth; all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of said property. These easements, covenants and conditions shall constitute covenants to run with the land and shall be binding upon all persons or entities claiming under them and also these conditions, covenants and restrictions shall inure to the benefit and be limitations upon all future owners of said property or of any interest therein. ARTICLE1 DEFINITIONS SECTION 1. ASSOCIATION. `Association" shall mean and refer the Gebhard Village Homeowner's Association, a nonprofit corporation consisting of all owners in the Planned Community, their successors and assigns. SECTION 2. COMMON AREA/COMMON PROPERTY. "Common Area" and "Common Property" shall mean all real property and appurtenances thereto, now or hereafter owned by the Association for the common use and enjoyment of the members of the Association. In addition, "Common Area" and "Cornmon Property" shall include any improvements intended to be devoted or devoted to the common use and enjoyment of the owners. 2 - DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR GEf3HARD 1/ILLAGE AFTER RECORDING RETURN TO: "` ERIC,ARTNER CONSTRUCTION P (3 BOX 609 JACKSONVILLE, OR 97530 SEND ALL TAX STATEMENTS TO_: ERIC ARTNER CONSTRUCTION P O BOX 609 JACKSONVILLE, OR 97530 DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS FOR GEBHARD VILLAGE A PLANNED COMMUNITY TO THE CITY OF CENTRAL PO/NT, OREGON This Declaration is made and executed in Jackson County, Oregon, this day of August, 2006, by GEBHARD VILLAGE, LLC, AN OREGON LIMITED LIABILITY COMPANY, hereafter referred to as "Declarant'. The Clty Of Central POlnt haS ISSUed /fS apprOVal fOr GEBHARD VILLAGE, a Planned Community located in the City of Central Point, Jackson County, Oregon. The real property is described on Exhibit 'A"attached hereto. Declarant reserves the right, but not the obligation, to annex additional property and to subject the additional property to the terms and provisions of this Declaration, the Articles and the Bylaws, as the same maybe amended or supplemented. There is no limitation on the number of lots which maybe added to GEBFIARD wLLAGE and the common property adjacent thereto. The property which in the future maybe annexed is described on Exhibit "B." The Declarant may annex all or a portion of this property to the Declarati\n in one or more supplemental declarations. There is no requirement that the Declarant annex any additional property; however, Declarant is reserving the right to annex additional as provided herein in its sole discretion. Declarant intends to form a homeowner's association for the purpose of preserving the values and amenities in the community. Declarant will create a nonprofit corporation pursuant to ORS Chapter 65. Declarant intends to adopt, on behalf of the association, the initial bylaws required under ORS 94.625 to govern the administration of 7 - DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 1=0R GEBNARD VILLAGE