Loading...
HomeMy WebLinkAboutGriffin Oaks CC&Rs (Phase I of Twin Creeks)__ ~ ~ ~~ . 4 Y r. ~. ? U1 18237 ~.• GriiTin Oaks I~Jei ~~~0 K~Ta~co,~n iyo borhood of Covenants, Conditions and Restrictions for Phase 1 of 1Evi» _Creeks,'T'raosit-Oriented Development Project City of Central 1'oinl,lackson County, Oregon 'iwln Creeks Ihvebpment Co., I.I..C, an Oregon limited liability company ("Da:larant'~, being a potty m interest of sll tlrc rent property locals! in 11-c City oC Crntral Pohrt, Cout><y of Jackson, State of Oregon, beurg a Subdivision lurown as GRIF(fIN OAKS, ("Subdivisiot") as the ssme is perticulsrly describal in the recorJ«I PIa1s for This subdivision on file with the County Clerk of Jackson County, Uregat, does hereby make the following DeclareUon of Covenants, Conditions and Restrictions ("CC&R's'~ covering Urc above described real property specifying Ihet llris declnrelbn shell constitute covenants to nrn with all the land And shell be binding on ell persons clairtting uncles than, anJ thst these Covenants Corxlittons end Rcstrictiau shell be for the betxfit of and shall be limitations upon all future. owners of said reel pmdx5rty described in EXI llnlT "A" which is altachai hado sod made s part hereof. All kxs sad parcels of real property in tlw Subdivision, Irerealla conveyed, Icasal, rrntal, or occupied shell be subject to tl>c folowing CCdcR's: 1. Grim Oaks is a "'1.'raditiona) Neighborhood" 1.1 Traditional Ncig~borhoals Ilavc a Vnridy of Ilousinrt Tomes. Unlike sonic typical subdivisions, Griffin Oaks snlicipatd a variety of different housuig types within the neighborhood, utcluding large lot homes, etendard lot homes, standard lot cluster homes, stoat! lot 'Charleston' homes end accessory units. , 1.2 'T'raditional Neip#iborlwocls Dart Wall Poouk Oul. Unlike gala! subdivisiau, GriP!'m Oaks is public and s eorrponent of the greater community. Its streets, parks, open spaces end canrnott areas sro meant b inlaconncct with d-e adjacarl neighborhoods. I.l Grillin Oaks has an Architatural Vision. Unlika hang in some typical subdivisiars, tlrc home in Griffin Oaks are required to mad the City of Centre! Point TUD Design Developmatt ~-' Standards. 7lrese sterrdards provide prota:tion for Ilre other homoownas within the ncigl~borlrood, yd allow rnough design flexibility to assure veridy, interest and persaurl expression in tlra design of banes. The Site and Building Design Ihveloprrrrnl Starddards for single fsmily dwdlG~gs ue sununerizod babes. L1 _. umm 17.67.050 Sile Design Standards 1, The building design. massing. orienUtbn of rooms and outdoor spsees altould enhance solar exposure for Ux project, taking advurtege of the climate oCCrntral Point for sun-tempered design (refer to sa:llat D. Solar Orirntation I - S). ' 17.67.070 l3uild:rg Design Starxlarcds , I. All buildings ue rncouragod to adopt 'suslaittabb Jeslgn' practices to conserve energy sod resp~rca+, with strelegid such es natural veMilntion, passive healurg and coolorg, OrilTin Oake Neighborhood CCdiR'e ~-11-01 Page 1 U1 18237 I. All buildings are encourage) Io adopl'suslainable design' practices to conserve energy and resources, WIIh Strateglea a11CI1 AS t1AlUfAI VGIIt11AltOt1, passive healing and cooling, daylighting, sun-shading devices for solar control, water conservation, appropriate use of building mass and materials and careful integration of landscape end buildings. (refer to A. General Design Requirements I, 4) 2. Attention shell be paid to archilecttual elements such as building forms and massing, building height, roollines and parnlxl features, window size, oricntatian and detailing, materials and `r. (refer Io D. Architectural Character I.e) 3. The pnmary building entry should orient to the street, or if on a corner lot, orient !o either street or the corner. The main entrance should be prominent, interesting and pedestrian accessible. A porch, at leas) 8' wide by S' deep, covereJ by a roof supported by columns or brackets, should be provide). Duilding elevolion changes ere encourage) to make a more prominent entry, with a maximum elevation of not more than half-astory in height or G' from grade whichever is lesser. (refer C. Duilding Entries J.a -Q 4. The dominant feature of any building frontage visible from a pedestrian street or public open space shall be Ilte habitable area with its accompanying windows or doors. (refer U. Duilding Facades I.e) S. All buildings shell be constructed with exterior building materials anJ finishes That are of high quality, will) all faclnlcs abltg a pedestrian route of suitable durable materials, whlclt are low maintenance, wencher resislmrl, nbrnsion resislaul nnJ cosy to clcnn. (refer to U. Duilding Facades I.g, h) 6. All visible building facades along or off a petlcslriatt route, including side or retttrtt,facades are to be treated ns part of Ilse main building elevation and arlicttlaled in Ihe~sattte manner, with continuity of use of the selected approved mnteriels.(refer to U. Duilding Facades I.i) 7. 'flee City will rcgltlale garage setbacks ns per U. Duilding Facades 3.a.1-2 8. All building elevations toeing s pedeslriett route shall not consist of utdifferelttialed blank walls, but shall be articulated with architectural Detailing such as windows, dormers, porch details, balconies or bays. (refer to U. Duildings Facades 7.a.~) 9. Fences or hedges in a front yarJ, or side yonl fencing between the front building facade and street shall not exceed 3 feet in Iteigltl. Fences beyond Ilse front facade of the building in a sicle yarJ or buck yard and along a street, alley, property line or bike/pedestrian pathway shall not exceed 4 feet in Iteighl. I ledges or vcgelative screens shall not exceed 6 feet. (refer to D. Duildings Facades 3.a.)) 10. Flat roofs in LMR are not permitted. The minimum for sloped roofs is 5:12, and tto more than 12:12. All eaves shall overhang building walla at a minimum 12" deep on all sides. (refer to E. Roofs 2.a - d) 11. Lighting shall not draw inordinate attention to the building fapade. Porch and entry lights are encouraged, with rte exterior lighting exceeding 100 walls per fixture. (refer to F. Exterior Duilding Lighting 2s - c) I.5 All home Designs must undergo the design review process and are subject to the enforcement provisions, as described below in Section II II. Effect of Declarations; Termination; Atnent]menl The Properliesihall be held, sold and conveyed subject to the provisions, covmanu, restrictions end casements contained in thin Ueclaretion. 'Ihe provisions of This Dcelaration shall run with the land and be binding upon all parties having soy right, title or interest in the Properties oi' any part thereof end shall benefit sll persons who sre or becoltte Owners of Lots. GrifFm Uaks Neighborhood CCkR's A-I 1-01 Page Z 2 .~ *: , pi id237 'fl-e provisions of this Ueclarnlion are valiJ anJ binding for a period of Thirty (30) years from the dale of recording This 1)cclnralion in the olTice of the County Clerk of Jnckson Comely, Uregon, nt which lime said provisions shell be nulun-ntically exlcndeJ for successive periods of ten (10) years each unless seventy percent (70°/.) or more of the Uwnen, by an instrwnent or instruments in writing, duly signed and nckrwwlcdgcJ by Il+cn-, Icrn-inales said provisions insofar as They pertain to residculial Lots or Building Sites, end terminnlion shall become effective upon the filing of such insUument of record in the offce of the County Clerk of Jackson County, Oregon. This Declaration may not be amended without the approval of the Declarant uulil eRer tenninalian of the Development Period as defined herein,and Then only by an instrument properly execute) and acknowledged by seventy percent (70°/.) or more of the Owners, which amendment shall be recorded in the office of the County Clerk of Jackson County, Oregon. for purposes of voting wider this provision, Owners of Lots will be entitled to one vole for each vole tl-ey are entitled to cast iu the Association for a Lol which is subject to this Uecleralion. I11. Definitions 'the following words, when used in this Declaratia- or nny supplemadal declarotirnr (unless the context indicates otherwise) shall have ll-e following meanings: e) "DRC" shall mean the Design Review Committee es provided for and established in this b) Declnralion. "Association" shall mean the Gritrn Oaks Comma- and Upcn Spaca Maiolcnm-ce Association, an Urcgon nonprofit corporation. e) "Doard" shall mean the Board of Directors of the Association. rl) "B++ildir+g Sile" sl+nll rnear- a legal rile for tl-e conslruclior- of a single fornily residence sr-d sl+all consist of al least (1) one or more residential lots a legally established by the plat of the Property; or (2) a parcel composed of only a portion of such residential Lots, tl-e area of which parcel shall not be less than that required for the established use in the district in which it is located, e) "Common and Open Spaa Areas" shall n-ean: • All the real properly (including any irnproven-et-ts thereon) owned by tl-e Association for the common use and enjoyment of Il+e public; and " 71-ose landscnpcd areas or other community related improvements lying within the street right of way, utility Incts, or easements over building lots granted to the Association for such t~ purposes; and wl-ich I-sve been landscaped or have had improvements installed by ll-e e ties f h . e prop r t Ueclaranl or the Association for ll+e common beautification and enjoyment o (Entry sign, mailbox stands, and lantlscnped entries, delenlion ponds, street islands, parks etc. ere the type of areas and improvements included herewith.) f) "Declarant" stroll mean 'twin Creeks Developn-ent Co. L.L.C., art Oregon limited liability and its successors and assigns. The lean "successors and assigns" as used in this company, definition does not include purchasers from the Declarant (or from its suceesson end assigns) of g) Lots. -... "Uedaration" shall mean this Ueclaretion of Covenants, Conditions, Restrictions and Easements . of the Griffin Oaks Neighborhood. h) "Ihveloprnenl Period" shall mean the period of tine ll-e Declarant or B+rilJers are engaged in II-e rkvelopment or sales of Lots, or sclivfdes related thereto, anywhere on the property. The develuprnent period shall end when the Declarant and buildcn convey ell Approved Lots to Owners other than the Builders. i) "Board of Directors" shall mean the Board serving until replacement. Oriflin Oeks Nelglrberl+ood CCecR's 4-I I-01 Page 3 3 . ~ U1 1827 j) "Lnl" shall mean and refer to any plot of land shown upon any recorclcd subdivision asap of the Property with the exception of (I) the Conunon and Open Space Areas; msd (2) tracts dedicated to utility districts end govcnunasl entities. k) "Member" slwll mean and refer to every person or entity that holJs a membership in the Association. 7lsere shall be one membership per Lot which shall be inseparably appurtenant to each Lot. I) "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of any Lut assd slsall include any pcrSOlls Or t111111CR pnrCllAStng a Lnt litrrsuant to the terms of a recorded real estate contract, but said term shall exclude those having an inlaesl in any Lol merely as security for the performance of an obligation. nt) "Property" or "Properties" shall mean Ilse real property described Iserein, which is subject to Ilsis Ueclaraliun. IV. ~~sements; Rights in Common and Open Space Areas 4.1 Easements. Easetncrtts for the ittslsllnlion sod maintenance of utilities and draitage facilities are reserved as xlsown nn the recorded plat, or as recorded elsewhere. Within These easements, no structure, including such items as patios, harlsccues, etc., shall be placcJ or Ircnnilted to renrnin, nor shall any activity be permiucd within said easenwnls which may damage or interfere with the installation and - maintenance of existing and future utilities, or which may change the direction of (low or drainage in the easement areas. A utility or drainage facility in the casement area of each Lol or DuilJing Sile shall he meintnined continuously by the properly Uwners who require the utility or drainage facility except for (hose improvements for which a public authority or utility compony is responsible. In the case where a utility or drainage facility Isas to be installed on an Owner s property in the easernenl areas herein defined, the cost to install the facility and to restore the Building Site to its original state prior to installation must be borne by the property Uwners who require the utility or drainage facility. Any and all drainage collected or suflicieotly concentrated to create erosion problems In the opinion of the URC shall be piped to the nearest msdcrground public slonn sewer line or street gutter at Iha expense of the property Owner(s) who requires the drainage facility. If such an installation is requircJ to serve more then ones Lot, then the Uwners of each of said hots served shall pay for such installation end mainlenance (hereof in proportional amounts as established by the DRC. A.2 Lyt Ownei s R~hts in Comnson end Open Space Areas. Every Owner shell have a nonexclusive right to en easanent of enjoyment in and to the Common and Upen Space Areas owned by the Association and sesch easenent shall be appsrrlenant to and shall he conveyed with Ilse title to, or contract purchaser's interest in, every Lol, even (hough such easement is not expressly mentioned or described in the conveyance or other instrument, subject to the following restrictions: a) 'I'lse riglsls of the Association to adopt rules anJ regulaliorss; b) The right of tl-e Association to exclusive use artd managertsenl of said Contrnon and Open Space Areas for utilities, such as pumps, pipes, wire, conduits, attd other utility equipment, supplies end materials; c) The rigltb reserved to the Declarant in Ilse Declaretiar d) 71te right of the Association to suspend the voting rights and right to use of the Common end Open Space Areas by any Uwner for any period during which any assessma~t against the Owner's Lot remains unpaid; and for a period not to exceed one hundred eiglsty (Ig0) days for any infractiar of the publisheJ rules and regulations; (Iriffin Uaks Neighborhood CCdclt.'s A-I I-0I Page 4 5 ui ieza~ e) 'I he Dccalrant Ixars the right In dedicate or transfer all or any earl of.lhe Common and Open Spnce Areas to any public agency, authority or utility fur such purposes. 4.7 DeclaranCa Rigl~ls in Common and O~cn Space Areas. a) Reservation of Control. '17te Declarant shnll have mtd hereby reserves for itself, its successors anJ assigns, the right, during the Development PerioJ, !o utilize the Common and Open Space Areas for its business use and purposes, including but not limited to uses attd purposes related to the conshuction, promotion and development of the Property. Such right shall include the righl.to dedicate, transfer or grant easements to any ,pert oC the Common and Open Space Areas to any public agency, authority or utility for purposes not inconsistent with the intended purposes of such Common and Open Space Areas. lbe Ucelarant's rights to dedicate, Transfer or grant easements as referred to above sitnll be exercised through dw Declarant's reserved rights, powers, and functions as described in peragraplt 9 below (Development Period). The Declarant shall convey and quit claim the Common and Open Space Areas to the Association, free and clear of encmnbrances, anJ the control or the management anJ administration of the Common and Open Space Areas shall (hen vest in the Association, subject to the Declerant's aforementioned rights of use. b) Costs. Until such time as the Common end Opat Spnce Areas shall be conveyeJ to the AssocinticNi, the Declarant shall pay all costs of maintaining mtJ operating the Crnnmon and Upen Space Areas. Upon conveyance of the Common end Open Space Areas to the Association, the Association shall (hereafter pay dl coals of moinlnining and operating the Common end Open Space Areas. c) Additional Common anJ Uuen Space Areas. If .additional adjacent properties shall be subjected to this Ueclaralion, Common and Upen Space Areas located therein shall, in like manner be conveyeJ and quit clsinreJ to the Association. If additional adjacent lot owners shall become member of the Association and additional Common and Open Space Areas are Dedicated to Iha Association in connection (herewith, then all rights and obligations with respect to said additional Common and Open Space Areas shnll inure to the Owners of Properties herein ns members of the Association. The Association shall be responsible Cor the management, maintenance and administration of all Common and Open Space Areas conveyed to the Association. Costs of maintaining mtd operating Common and Open Space Areas located in additional adjacent properties shall be covered as provided in paragraph 3.C.2 above. V. Design Review Cotntnittee S.I Ues~n Review Committee (DRC). There shall be a Design Review Committee (URC), with the responsibility end aulliority to approve or disspprove modifications to the Property, Io approve the construction of intproventents on the Properly, and to enforce Ilte terms and conditions of this Declaration as They relate to architectural and use control. The DRC shall consist of three (3) members. 71te members of the DRC during the Development Period shall be appointed by the Declorertt end shall serve until new rnentbers arc appointed by the Declarant. In Ilse case of the death, disability or resignstion of any member or members of the DRC, Ilse surviving or remaining member or members shall have full authority to designate a successor or successors. ' GrilTin Oeks Neighharhaod CC~tI'a 4-I I-01 r.R~ s 5 lui lAxa~~ lire URC shall have the authority iu any individual cnse to make such exceptions to the building reslriclions and requirenrcnts set forth herein as said conunittee shall, in its uncontrolled discretion deem necessary or advisable. If addiliaral Properties are made subject to this Dcclaralion, pursuant to tha terms hereof, a separate URC may be appointed fur each annexed phase of the overall development. If additional properties, subject to their own dcclarotion of covenants, conditions and restrictions shuulJ become members of the Association as set forth under paragraph 8 herein, the Association may, where practical, combine the Design Control (:ommitlees crenleJ by sail separate declarations. The board of Directors of the Association shall maker the decision whether the URC should he combined with respect to any or all of the additional properties having become subject to the Association. In the evart any two or more sereh DRCs are combined, each property shall continue to be governeJ witl- respect to its own declaration of covenants, conditions end restrictions. If additional properties, suhject to their own declaration of covenants, conditions and restrictions, become members of the Association, then the interpretatiat and policies adopted wish respect to those identical conditions and reslriclions contained in the separate declarations of covenants, conditions and restrictions shall be the same: and where any dispute may occur, the Hoar) of Director of the Association shall decide on the crnnnwn interpretation or policy to be applied. In the event of either combined and/or individual URCs, the voter for each URC shall be restricted to the properties for which said URC it responsible. S.2 Apgoval of 1'I,ans. All buildings and structures, including concrete or masonry wells, rockeries, farces, swimming pools, or other slnrcUrres to be carslnicted or modified within the Property shall be approved by the DRC. Complete plans and specifications of all proposed buildings, slruclures and exterior ahcralions, together with detailed plans showing the proposed location mrd elevation of the same on the particular Huilding Site, shall be submitted to the DRC before construction or alteration is started, and such construction and alteration shall not be started until written approval thereof is given by the DRC. 1'hc DRC will review submittals a to the yuolity of workmanship end materials planned and for corrforrrrily and harmony of Ilrc external design with existing slnrctrrres on the said Huilding Sites, and as to location of the building with respect Io topography, finished grade elevation and building sal back restrictions. In the event the URC fails to approve or disapprove such plans mrd specifications within thirty (]0) days after said plans and specifications have been delivered to it, such approval will not be reyrrired. All plans and specifications for approval by the URC mast be submitted at Itasl ten (10) days prior to lire propose) construction starting Jnle. Two complete sets of sail pious and specifications shall, in each cnse, be delivered to the URC. Said plans aexl specifications shall be prepared by an architect or a competent house-designer approved by the DRC. All buildings or structures shell be erecteJ or constructed by s contractor or Irexese builder approved in writing by lire 1)RC. The maximum Ireiglrt of any residence may be established by the URC es part of the plan approval and given in writing together with Ilre approval. One sea of approved plans shall be retained by the URC and the other returned to the party submitting thorn. ~ ' As to all inrprovanents, constructions end allerntions within the Property, the URC shall have the right to relLse to approve any design, plan or color fur such improvernenl, construction or alteration wl-ich is not suitable or desirable, in the DRC's opinion, for any reason, aesthetic or otherwise, and in so passing upon such Design the URC shall have the right to lake into consideration the sultabi{ity of the propose) building or other structure, and Iha material of which it is to be built, and the exterior color scheme, the site upon which it is proposed to erect the same, the harmony tlrcreof with the surroundings and the effect a impairment Ihat ssid slruclures will Nava on the view or outlook ofsurrounding building sites, and any and all factors, which in lire DRCs opinion shell efTect lire Desirability or strilnbility of such proposed structure, iurprovcmcots or ahnntions. Griffin Oaks Neighlxxhead CCkR's 4-11-01 I,ngne 6 ~! u.t ~ez3~ 'llre DItC shot) have the right lu disapprove the design or installation of n swimming pool or any other recrcaliarnl structure or equipment which is not suitable or Je;irable, in the UILC's opinion, firr any reason, aesthetic or athenvise, and in so pnssing upon such design or proposed installation, the DRC shall have the right to take into considerntion the visual impact of the structure and the noise impact of the related activities ulwn all of the properties located in the close proximity. Any encloswe ur cover used in compction wish such a recreatiatal structure ur equipmad, whether tempornry, collapsible, and/or seasaral shall be treated as a pennnncnt structure for the purposes of these covenants and shall be subject to all the conditions, restrictions and requirements as scl forth herein for ail buildings and structures. S.3 BuilJing_anJ Landscaping Re4uirements and Restrictions. The following builJing end landscaping restrictions govern the property and must be adhere) lo: a) Any dwelling or structure erected or place) on any Lot or Building Site shall be cornplcted as to external appearance, including finished painting, within eight (g) months after date of commencement of constnrction and shall be connecleJ to en acceptable sewage disposal facilGy. All front yards and landscaping must be completed within six (G) months from the data of completion of the Ouilding or slruclure constructed thereon. bt the event of undue hardship due to weather conditions an exlarsion of time may be grauled upon prior written approve) of the URC. b) All buildings shall be designed anJ carstrucled ns per 11-e Cily of Central Point TUD Zoning Ccxlc and TUU Uesign Uevelopmarl Standards. I. 7 he house on Lol MG of the recorded plat for the C,riffin Oeks Subdivision was approver) and constructed prior to the Adoption of the Cily of Central 1'oinl "I'OD 7.oning Code and TUD Uesign Development Standards. Phis residence does not meal the City of Central Point TUD Code and is "grnndfalhered" into the development. OeG ? c) All landscaping fur any lot requires written sppruval from the USC prior to irrslallatior-. d) No builJing or slruclure shall be crecteJ, conslrucleJ or maintained or permitted upon such residential lots, except upon a Building Sitc as hereindefined. e) No building or snuclure shall be erected, constructed, maintained or penniued upon a BuilJing Site other than one single family dwelling, for single family occupancy only, not to exceed builJing heights as specified in the City of Central Point"COD District Zoning Standards, plus basement and a private garage for not more than two (3) slsndard sized automobile or carport for not more then are (I) slsndard sized automobile and one sccessory Dwelling unit. O All fences, or boundary wells sihmled anywhere ulwn any residential lot or building site must he approved in writing by the DRC es to its height and design prior In construction. peaces shall be well conslrucleJ of suitable fencing materials and shall be artistic in Design and shall not detract from the appearance of the dwelling house located. upon the lot or building site or be offensive to the owners or occupuris thereof, or detract fran the appearance of the dwelling houses located on Ilre edjacerrl lots or building sites. llte finished side of any fence (as approved by the DRC) That is visible from neighboring property or streets shall face the neighboring properly or street. The finished stele of any such fence stroll he a side wherein its best decorative eorrrponerrls, finishes anJ Textures are displayed, and wherein any supporting tails are eil6er not expose) or are evenly divided as to exposure between the two fence sides. fences constructed of wire, including woven cyclone wire types, are strictly prohibited trrrless individually approved by the DRC for specific purposes. I . Black vinyl coated chain link fence may be used in rear yards only. ' 2. All residents of the City of Central Point who desire fencing on.their property must obtain a fencing permit from the Cily of Central Pobrt 3. All fencing shall be constructed inside the properly line. No fencing shall be corrstrucled on arty Ixoperly lint. GritlinUsksNeiglrborhoodCCdcR's ~-tI-UI Page 7 U1 18237 g) No trees or shnrhs of nny type, other than those existing al the time These restrictive covenants ore tiled, shall be alloweJ lu grow in beigld to n point where they shall noticeably and unrensunnbly interfere with a view of some significance from another residence. "1'he DIIC shall be the sole judge in deciding whclher the view is of soma significance and whclher there has been such unreasonable interference. Should the DRC determine 16et there is an unreasonable interference, they shall notify the owner in writing, specifying the nahue of the interference, what should bo done to eliminate it, and the lime by which said interference must be eliminated by the owner. h) No lines or wires for the transmission of current, Coble television signals, or for telephone use shall be construed, placed or pennilled thereon unless the same shall be underground or in conduit attached to a building. No housetop television, radio or other type of arrlen-re, or satellite dish antennae, shell be erected or placcJ on any residential site without the written approval of the DRC. Nor shall any rotary antenna, lower, beam or other similar device be constructed on any residential sire or building wilhoul the written approval of Iha URC. i) No poles shall be permitted. No front yard Ong poles, and nu front yard or street basketball poles and/or backboards will be allowed willrout written approval of tlrc USC. j) Outdoor hood lighting, shot lighting ere prohibited with out Iha written cmrscnl of the URC. Property owner installed and maintained dusk-lodawn lighting (lights with plrolovollaic sensors that turn on at dusk and ranain lighted until sunrise when They automatically shut ofn are prolribilcJ ar residerrlinl lots. k) Owners mny not remove any Trees measuring six inches ur more al n 1101111 IIICOSUfed tW0 feet above ground level from any portion of the property/lot without the prior approval the DRC. I) Owners shall not prune or mainlaim street trees. Maintenance of the street trees is the responsibility of the Common and Open Space Mninlenance Association. 5.4 Use Restrictions. The following trse restrictions govern the property anJ must be adhered to: a) No trade, crag, Mrsiness, profession, con-merciol or manufacturing enterprise or business or commercial activity of any kind, hrcluding Jay schools, nurseries, or church schools shall be conducted or carried on upon any residential Lot or building Site. or within any building located on a residential lot or building silo wilhoul prior written approval of the City of Central Point according to lhe'fOD District and Corridors Zoning Code, Chapler17.65. No goods, equipment, vehicles (including buses, trucks end trsilen of nny description) or materials or supplies used in ~r connection with any Trade, service, business or personal endeavor, wherever the soma nwy be conducted, be kept, parked, stored, dismantled, or rcpairod outside rnr any residential lot or building site or on any street within the existing property except that the URC may, in specific cases, mnke exl~eptions to the stornge of such items if screened and/or covered in a memur acceptable to the DRC, nor shall anything be done on any residential Lot or Building Site which may be or may become an annoyance or nuisance to tlx neiglrborlrood. b) The above restrictions shell not restrict the following: I. 'the use of a private office so lung ns related activities Jo not create an annoyance or nuisance to the neighborhood or the adjoining Owners. '11re UIiC shall be rile role judge at Io whclher ' Ilre activity creates err annoyance or nuisance. 2. The right of nny builder of new home in the area to use any of such homes buih as a sales center for the pronrotiorr and marketing of said new homes during lire [kvcloprnent Perial. Any such sales center rtrey be used for the llevelopnrent Period of successive phases of development of neighboring property subject to the approval of the URC. c) No trash, garbage, ashes, or other refuse, junk vohicles, rrnderbnrsh, or otlrcr unsightly ~rowllrs or objects, shell be thrown, dumped or allowed to accwnulote on any l.ol or building Site or public GrilTin Osks Neighborhood CCdcR's 4-I t-01 ~)raae a D U1 18237 street. 1'reslr, garbage or other waste shall not be kept except in sanitary contninsrs. All equipment t d d so as no or screene shall be kclrl in a clean oral sanitary condition. All conlaiucrs must be burie to be visible from any street or adjacent properties or residences. d) No trailer, camper, basement, lent, shack, garage, barn, or ollrer outbuilding or temporary structure erected err situated wilhirr Ilre properly shall al any lime, be used as a residence, temporarily or pennanenUy, nor shall any pennanemt building or structure be useJ as a residence until it is completed as to external oppearance including finished painting.l7re permission hereby granted to erect a permanent garage or other building prior to constnretion of the main dwelling house shall not be construed to permit the construction, erection, or mainlenancc of any building of any nature whatsoever any time, without the approval required by the URC. e) The streets in front of the lots shall not be used for the overnight parking of any vehicles other than private family automobiles amd shall not be used for the storing of any boats, troilers, camper vehicles, trucks or other vehicles of any nature. f) Uoat, trailer, camper vehicles, trucks, or other vehicles over 6 feet in lreiglrl (measured from the bottom of the fire of the (railer) of any nature shall not be stored permanently on any residential lot or huildirrg site. 'I~Ire URC shall have the right to establish policy, in its sole discretion, with respect to the lempornry storing of any boat, trailer, camper vehicles, trucks, or other vehicles of any nature on any residential lot or building site. "1'he URC may change said policy from lime to Time as the conditions warrant amd may prohibit such storage unless the same is stored or placed in s garage or other screened men as npprovcJ by the DRC. g) No live poultry or animals shall be permitted on sail properly other than songbirds, and not more Than two (2) dag.+ and hvo (2) cats as household pets. h) All mailboxes must be located in those areas so designated by the DRC. Structures containing such mailboxes must be approved by the URC. i) No sign of any kind shell be dlsployed unless written approval is received from the DRC and meets the requirernerrls of the Cily of Central Point TOD Design Development Standards, with the exception of temporary real estate "for sale" and "for rent" signs. lire Declarant and/or builders of new homes irr the area rhay install larger signs during the Development Period for the promotion and marketing of said new homes. Said signs shall be in goal taste and shall be subject to the approval of the DRC wish respect to design, location, and term of installation. j) k) No exterior clothes lines are allowed in the front yard. No building or conslnrction materials to be used for future improvements rosy be stored out of `. doors where they may be visible from any street or adjacent properties or residences. The builders of new homes may store rneteriels irr connection with lire corrstruclion of new homes at la;ations approved by the DRC and subject to any reasonable conditions the DRC rosy establish for tl-e protecliar, enjoyment, and general welfare of the community. I) No wood piles, for fireplace or ollrer use, may be stored out of Joors where they create, in the - ~ opinion of the DRC, an objectionable view from any street or fur adjacent property owners. m) No children's play areas, including but not limited to sandboxes, swing sell, jungle gym sets, etc., may be inslalleJ or maintained in a manner such that they are an objectionable feature in the neighborhood or to adjoining Owners. The DRC will determine wlrctlrer or not the facility is ' n) objectionable. No Owrrer may engage in arry obnoxious or otl'ensive activity anywhere upon the Property which ht of any other Owrrer or residerrl to his or her riglrl of yuiel enjoyment of property. the ri t i l g es a v o o) All Owners are required to maintain their Lol and arry irrrprovemerrls Ilrereon in a good, clean, order and repair conslstenl wish a high quality developrherrt. 7lre URC tnay attractive condition , eslahlislr wrillen standards for rnainlensrrce wlriclt roust be followed by ell Owners. (iri0in Oaks Neighborhoal CC~R's 4-11-01 Qpage 9 -1 U1 18237 p) Owners nmsl keep ell trash cans and other trash ra:eptnclw out of public view, within an cnclosal or acra:nal area so as not to be visible from any slroet or Single Family Lol or Cluslcr l lousing Lul and, otluxwise, in Iocalla:(s) li~an time to lone spa:ifial or approval by the f)RC. Uwi:ers ere responsible to lake all appropriate measures to ensure that (heir bash does not become litter anywhere in the Prcxrerty, and the Asaociolion hereby is granlal d:e autl:urity, exercissble al IIM opliat of Ilse DRC, to cadrocl with a:a or more trash cotlcetion cumpnnip exclusively to serve scene or all of llte portions of Ilte property, and the ants Thereof may be assessed aluitably among Uwners. fN WfINESS WHEREOF, tlia authorized signor for Declsrant herein, has hereunto set his hand and seal this~~day of p,/.~l 20~ DECLARANT: TWIN CREEK3 DEVELOPMENT CU., LLC An Ure%goe limited Ilablllly eompaey. By: / ~ ~ ' Bret A. Moore, Manager STATE OF URECUN ) )SS. COUNTY OF JACKSON ) The foregoing inslrumcol na+ axknorvkdged before me Ihb ~_"day of ~ 20e~, by ~~ R• ~{'(lnra~>z as anlborized signor for Tuba Creeb Derebpmenf Co., LLC an Oreeoo limited Ilabfllly company. JUDY PARIAH NOTARY PUBLIC-OREGON wY real~olt~ExP~i °HnEe ocr te~'°iow • AR PUBLIC FOR OREGON M1 y Commbsb^ Esplra /0'1 K-03 OriRn Gab Neighborhood CCdtR'a 4-1 I-0I r.ge to I~ ui tf;za~ L3Y-LAW S CrifGn Oaks Neighborhood Common and Open Space Maintenance Association VI. Name,1'rincipal Office, and llefinitions 6.1. Name. A name of the Association shell be the Griffin Oaks Neighborhood Corronon end Open - Space Maintenance Association. 6.2. Principal Office. The principal office of Ilre Association shall be located in Jackson County, Oregon. 'I he Association may have sucl- other offices, either within or outside the Slate of Oregou, as the Board racy determine or as the affairs of the Association shall require. 6.3. lleOnttlons. 1'he words used in these Dy-Laws shall be given their nornrnt, commonly understood definitions. Capitalized terms shall have the same mooning as sal forth in the declaration of Covenants, Conditions, Restrictions, and Easements for Griffin Oaks Neighborhood filed in the O(Tce of the County Clerk ("Ueclaralion"), unless the context indicates otherwise. VII. association; Membership, Meetings, Quorum, Voting, I roxies 7.1. M1lemberslrlp. 77te Association shall trrernberslrip, as more fully sal forth in the Ueclaralion, the tenrrs of which pertaining Io rnanbcrslrip are incorporated by n;ference. 7.2. Plate of Meetings. Meetings of the Association shall be held at the principal office of the Aisoclation or al such other suitoble place eonvenienl to the Members es may be designated by the Doard either within the Properties or as convenient thereto as possible and practical. 7.3. Annual Mectings. lbe first rneelirrg of the Association, whether a regular or special meeting, shall he held within 5 days after lire conveyance of 51 % of the LoWProperties in the Properties to Retail Owners, but not later than six months after the first conveyance of a LoUProperly to a Retail Owner. Meetings shall be of Ilse Voting Members. Subsequent regular annual meetings shell be sal by the Doard so as to occur at least 30 days but not more Iran 120 days before lire close of the Association's fiscal year on a date and lime sal by the Doard. 7.4. Special Meelinga. The Presidenl may cell special meetings. Lt addition, it shall fx the duty ofahe Presidenl to cell special meeting if so directed by resolrrlion of lire Doarrl or upon a petition signed by Voting Members representing at least I OY° of the Members of the Association. 'fire Association shall call special rneetit-gs as required by ORS 94,604 arrd ORS 94.616. If lire Board or Declarerrt fails to call lire meeting, tlre'1'emporary Advisory Cornmillee, if any, or any Owner may call lire meeting in accordance witl- ORS 94.609. 7.5. Notice of Meetings. Written nr printed notice staling the place, day, end hour of any meeting of the Voting Mernhers or Mernhers shall be delivered, eillrer personally or by mail, to each Voting Ivfember or Member, as the case may Ix, not less than 10 nor rrrore than 50 days before the date of such meeting, by oral the direction of the Presidenl or ll-e Secretary or the officers or persons calling Ibe meeting. Orimn Oaks Nciglrlwrhood CCkR's 4-1 I-01 Page I I ~1 ~.. U1 18237 In the case of s special mccting or when othenvisc required by stntute or these Ily-Lmva, the purpoxe or purposes fur which the meeting is enlled shall be staled in the notice. No business shall be trnnsacted at n special n-ecling except as stated in the notice. If mailed, the notice of a mccting shall be deeored to he delivered when deposited in the Uoiled Slates mail addressed to the Voting Member nl his or her address as it appears on tl-e records of the Associalim-, will- postage prepaid. 7.6. Waiver of Notice. Waiver of notice of a meeting of the Voting Members shall be deemed the equivalent of proper notice. Any Voting Member tray, in writing, waive notice of any meeting of tl-e Voting Members, either Ixfore or after such meeting. Attendance at a meeting by a Voting Member shall be deemed waiver by such Voting Men-ber of notice of II-e time, date, and place thereof, unless arch Voting Member specifically objects to Inck of proper notice at the time the meeting is called to order. Attendance at a special mccting also shall be deemed waiver of notice of all business transacted unless an objection on the basis of lack of proper notice is raised Ixfore the business is put to a vole. 7.7. AJJournn-ent of 111eetir-gs. If st-y meeting of the Association cannot be held txcartse a quorum is - not present, a rr-ajority of tl-e Voting Members who are present a1 such meeting may adjourn the meeting to a time not less.lhan five nor more than 30 Jays from the time the original meeting was called. At the reconvened meeting, if s qunnnu is present, any business n-ay be Irnnsnctcd which might have been transacted at the meeting originally called. If o time end place for reconvening the meeting is not fixed by those in attendance al the original mccting or if for any reason a new date is fixed for reconvening the mccting after adjournniart, notice of time and place for reconvening the meeting shall be given in the manner prescribed for regular meetings. 'fhe Voting Members present at aduly-called or held meeting at which a quorum is present Wray continue to do business until adjounuuerrl, notwithstanding the wilhdrawsl of enough to leave less than s quorum, provided that vMing Memlxro representing et least 25% of the Memtxrs of the Association remain in atlendarrce, and provided ll~at any action taken is approved by sl least a majority of tl-e voles required !n constitute a quorum. 7.8. Voting. 'll-e voting rights of the Members shall be ss set fortl- in the Declaration, and such voting rights provisions are specifically incorporated by reference. Voting of the Voting Members at s meeting may be by voice or ballot, except tl-e electiot of directors which shell be by secret wriller- ballot. 7.9. Proslea. Voting Memlxrs may not vote by proxy but only in person or through their designated alternates; provided, any Voting Member who is a-ly entitled to cast tl-e votes) fur Iris or I-er own Lodprolxrly(s) pursuant to Sectia- 6A(b) of the Declaration may cast such vole in person or by proxy until such time as tl-e Doard first calls for election of a Voting Member to represent the Neighborhood of which 11-e LoUPtoperty is a pers. No proxy sl-all be valid unless it meets the requiretner-t of ORS 94.660 and is sigt-ed by the owner or Iris or her duly authorized attorr-ey-in-fact, dated, and filed with the Secretary of the Association prior to any meeting for which it is to be effective. No proxy shall 1-e valid alter one year from its date of execution ut-less otherwise specified in Ilte proxy. 7.10. MrrJorilr. As used in these ny-Laws, the Ier-n "majority" shall mean tl-ose votes, owners, or tftl-a group as the coutexl may indicate totaling more then 50% of the total eligible nrnnber. 7.11. Quorum. Except as otherwise provides in-these By-Laws or in tires Declaration, the presence of lice / Voting Members representing a majority of the Io1a1 votes in the Association shall constitute a quorum at all meetings of the Association. f Griffin Oaks Nefglrtxrrhoad CCd:R's 4-11.01 Page 12 `~ ., U1 18237 7.12. Conduct of htcelings. The Presided shall preside over all meetings of the Association, and the Secretary shall keep the miuules of the mceling and rccorJ in a minute book all resolutions adopted al the meeting, as well as a record of all Transactions occurring at the meeting. 7.IJ. Action without a A1eeling. Any action required or pennilled by law to be taken at a meeting of the Voting Members maybe taken witlwul a meeting by written ballots es providcJ in OItS G5.222. Such ballots shall be filed with the minutes of the Association, and shall have the same Corte and effect as a vole of the Voting Members at a mceling. VIII. Board of Directors; Number, Powers, Meetings A. Composition and Selecllon. 8.1. Governing Ilody; Cornposilion. 1'he affairs of the Association shall be governed by a Board, each of whom shall have one equal vole. Except with reslx=ct to directors (n) appointed by the Declarant during the I)cvelupmcnl 1'erioJ pursuant to Section JJ, (h) elected by the Ueclaranl after the expiration of the Ucvclopment I'criod or (e) clecle<I by the voles held by Ueclaranl pursuant to Section 7.J (b) of the Ueclaratioa, the directors shall be Members or spouses of such Members; provided, however, no person and his or her slx-use may serve cot the Board al the scone Time. bt the case of a Mcmbcr which is not a natural person, any olT'icer, director, partner or trust ofTicer of such Member shall be eligible to serve as s director unless otherwise specified by written notice to the Association signed by such Member. Nn Member may have more than one such rcprescntelive on the Board et s lime, except in the cnse of directors (a) appointed by the Declarant <luring the Ucvclopment Period pursuant to Section J.J, (b) elected by the Declarant alter the expiration of the Developmad Period or (c) elected by the voles held by Ueclaranl pursueul to Section 3.3 (b) of the Declaration. 8.2 Number of Directors. 'the number of directors In the Association sl-all be not less than three nor more than seven. 11-c initial Board shell consist of three directors. SJ. Directors During Development Period. Subject to the provisions of Section 3.5, Ihrce directors shall be appointed by tha Declarant acting in its sole discretion and shall serve at the pleasure of the Ueclaranl until the first to occur of the following: (a) When 75% of the Maximum Lols/Prnpertles have been conveyed to Retail Owners; or (b) When, in its discretion, the Ueclaranl so determines. 8.4. Nomination of Directors. Except will- respect to directors selected by the Declarant, or the Ueclaranl, as the cast may be, pursuant In Section J.I, nominalious for electioq,lo the Board shall be made by s Nominating Committee. 711e Nominating Committee shall consist of a Chairman, who shall be a member of the Board, and three rx more Members or representatives of Mnnbers, with at least one representative from esch Voting Omap. 11-e Nominating Committee shall he appointed by the Bosrd not less Than JO days prior to each atutual mceling of the Voting Members to serve a term of one year or until their successors are appointed, and such appointment shall be announced at eacl- such annual meeting. The Nominating Committee shall make as utany ttomiuations for election to the Board as it shall in its discretion determine, hyt in no event less then the number of positions to be filled from each slate es Grim Oaks Neighborbood CCdrR's 4-t I-Ot rage I J ,~ U1 18237 provided in Secliun 1.5. 'the Nominating Counnillee shsll nominate: separate stoles for the diroclors, if any, to be elected at large by all Voting Members, and for the director(s) to he elected by the: Voting Group. T~uminatioos for each slate shall also be permitted from the Ilrwr. All cmrdidnles shall have a reasonable opportrrnily to communicate Ilreir qualifications to lire Voting Menrben and to solicit voles. S.S. Election and 't'erm of Ufllce. Nolwilltslanditrg any ollrer provision of These Uy-Laws: (a) Within one year after the first LoUProperty is conveyed to a Retail Owner, the President shall call a special meeting to be held at which the Voting Members, other than the Declarant, shall elect one of the three directors wlro shall be an at-large director. The remaining two directors shall he appointees of the Declarant. "ihe director elected by the Voting Members shall not be subject to rennmal by the Declarant and shall be electol for a teen of hvo years or until the Irappcnirrg of lire event Described in subsection (b) below, wlriclrevcr is shorter. If such directors term expires prior to Ilre happening of the event Described in subsection (b) below, a successor shell be elected for a like teen. (b) Within 30 Jays after the time Thal Retail Uwners uwo 50°/. of the Maximum Lals/Properties, or whenever the Ueclnrant earlier determines, the: Doard shall be increased to five directors. 71re President strait call a special locating at which Voting Members, other then the Ueclnrant, shall be cutitlcd hr elect two of the five directors, who shall serve as nl-large directors. the remaining three direclon shall be appointees of the Ucclaranl. 'lire directors elected by the Voting Members shall not he subject to removal by the Declarant and shall be elected for a term of two years or until the happening of the event describe) in subsection (c) below, whichever is shorter. If such directors' terms expire prior to the happening of the evmrl described in subsection (c) below, successors shall be clectcd for a like icon. (c) Within 120 days alter the termination of the Ikclarant, the ©oard shall be increased to seven directors. 'The President shall call a meeting at which all directors shall he elexledas follows: Subject to subsection (d) below, one director shall be elected by Voting Members; nuy remaining directorships titled at large by the vole of all Voting Members. 'The majority of the rlircctors shell be elected for terms of two years. The minority of the directors shall be elected for leans of one year. Each term Io expire at the next annual meeting alter the two-year or onoyear period as applicable. Successor directors shall be elected (or appointed as the case may be pursuant to subsection (d) below) at annual rncetings to serve for two year terms. - Each Voting Member shall be entitled to east all votes attributable to Ihrs LolslPtoperties in the Neighborhood with respect to each vacancy to be filled from each slate rrrt which such Voting Member is entitled to vole. "the carrdidale(s) receiving fire most votes shall be elected. for lire first election hell pursuant to this subsection, of ^ majority of the elected candidates, those receiving lire most votes shall serve for Iwo yean. 'l'ire rcnrairrirrg elected candidates shell serve for one year. lire directors elected by the Voting Members shell bold olTice until their respective successors have been elected. Uirectors may be elected to serve any nwnlrer of consecutive icons. (d) Aber lire Declarant membership terminates, Ilre Ueclnrant shall have the right to appoint or elect at least 20•/. of the Doard Members es long as Ilre Ucclaranl Iran lire power to annex properly pursuant to Article IX of the Declaration. 8.6. Removal of Uirectors •nel Vaeancia. Any director clectcd by the voting Members may be removed, with or witlroul cause, by lire vote of Voting Members Iwlding a majority of lire votes entitled to be cast for the election of such director. Auy direclrx whose renurvd is sough! shell be given rwtice Griffin Osks Neighborhood CCdrR's 4-I I-01 Page 14 `~ l U1 18237 prior to any, meeting called end noticed for that purpose. A Director who was electeJ al large solely by the votes of Voting Mcmbcrs (other than the Ihclarmtt), may be removed from office prior to the expirolion of his or her term only by the voles of Voting Members representing a majority of the Members (other than the Declarant). "Ihe Declarant may remove any director, with or without cause, who was appointed or elected to the Doard by the Declarant. Upon removal of a director, n successor shall be elected by the Voting Mcutbers entitled to elect tl-e director so removed to fill the vacancy for the remainder of the teen of such director. Any director elected by the Voting Members who has three consecutive unexcused absences from Doard meetings, or who is more then 30 Jays dclinyuenl in the payment of any assessment or other charge due the Associnliat, may be removed by a majority of the directors present at a regular meeting nt which a quortnn is present, and a successor may be appointeJ by the Doard to fill Ibe vacancy for the remainder of tl-e terns. In Ilse event of the death, disability, or resignation of a director, the Doard may declare a vacancy and appoiol a successor Io fill the vacancy until the next annual ntceling, at which tune the Voting Memfxrs entitled to fill such Directorship may elect a successor for the remainder of the tams. Any director appointed by the Doard ~I-all be selected from among Members within the Voting Group represented by the director wlto vacated Ilse position. D. 1lieetings. 8.7. Urganizatlonal hleelings. TI-e first meeting of the Doard follmving each annual meeting of the membership shall be held within 10 days thereafter al such -ime and place the Doard shall fix. 8.8. Iiegular 1lteelings. Regular meetings of Ilse Doanl may be held at such tune and place as a majority of the Directors shall determine, but tit least four such meetings shell be hell during each fiscal year with al least one per quarter. Notice of the lime and place of the meeting shall be posted in a prominent place within the Properties and communicate) to clircetors not Icss than four days prior Io the meeting; provided, however, notice of n meeting need not be given to amy director who has signet a waiver of notice or a written consent to holding of the meeting. 8.9. Special Meetings. Special meetings of Ilse Doard shall be held wltert called by written notice signed (~ by Ilse President or by any two directors. llte notice shall specify the lime artd place of the meeting sad the nature of arty special business to be catsidered. 7'he notice shall be given to each director by: (a) personal delivery; (b) trst class mail, postage prepaid; (c) telepl-otte facsimile comtnunicatlon, either directly to the director or to a person et Ibe directors office or home who would reasonably be expected to communicate such notice promptly to the Director; or (d) telegram, charges prepaid. All such notices shall be given at the directors telepl-orte number or sent to the Director's address as shown on the records of Ilse Association. Notices of special meetings of the Doard shall be posted its a prominent place within the Properties. Notices sent by first class mail sisal) be deposited info a United States mailbox at least four business days befirre the time sal for the meeting. Notices given by personal delivery, telephone, or telegraph shall be delivered, teleplsoned, or given to the telegraph company at least J2 hours before tlse lime set for the meeting. 8.10. Waiver of Notice. 71te transactions of any meeting of tiro Doard, however called attd noticed or wherever held, shall be as valid as though taken at a meeting duly held after regular call ant notice if (a) a quorum is present, end (b) either before or alter Ilse meeting each of the directors not present signs a written waiver of notice, a consent to holding the meeting, or an approval of the rs-inutes. The waiver of notice or consent need not specify the purpose of the meeting. Notice of a meeting also shall be deemed Cri~n Oaks Neighborhnocl CCkR's A-I I-01 pya~ge I S t'-' U1 18237 given to any director who ottenJs the meeting wilhoul protesting before or al its commencement about the lack of adequate notice, 8.11. Quorum of Doard of Uireclors. At ail meetings of the Doard, a majority of the Jireclors shall constitute a quorum for the transnction of business, snd the voles of o majority of the Jireclors present et s meeting al which ,a quorum is present shall constitute the decision of the DoarJ, unless otherwise specifically provided in these Dy-Laws or llte Declarstiort. A meeting al wlticlt a quorum is initially present may continue to Iransecl business, notwilhslandinglhe withJrawel of Jireclors, if any action taken is approved by at least a majority of the required quorum for that meeting. If any meeting of the Doard cannot be held because a quorum is not present, a majority of the directors present at sucl- tneeling ntay adjourn the meeting to a lime not less than five nor more Than ]0 clays from the date of the original meeting. At the reconvened meeting, if s quorum is present, nny business which might have been IransacteJ et the meeting originally called may be transacted wilhoul further notice. 8.12. Compensation. No director shots receive any compensation from the Associntion for acting as such unless npproveJ by Voting Members representing a nmjority of the total voles in the Associelion, other than the Declarant, at a regular or special meeting of the Association. Any Jireclor may be reimbursed for expenses incurred mt behalf of the Association upon approval of a majority of the other Jireclors. Nothing herein shuts prohibit the Associnliat from compeusnting n Jireclor, or any artily with which a Jireclor is afiilisteJ, fur services or supplies fiirnisbed to the Association in a cnpncity other thnn as a Director pursuant to a conlracl or agreement wish the Association, proviJed Thal such <lirectors interest wns made known to the Doard prior to entering into such conlracl anJ such contract was approved by a majority of the DoarJ, excluding the interesteJ Jireclor. 8.13. Conduct of Meelings. The President shall preside over all meetings of the Doard, and the Secretary shall keep a minute book of rtteelings of the Doard, recording all resolutions adopted by the Doard and ell Irsnsactions and proceedings occurring al such meetings. 8.14. Open Meetings. Subject to the provisions of Section ).1 S, all meetings of the Uoard shall be open to all Voting Members, but a Voting Member other tltart Jireclors rney not participate in any discussion or deliberation unless Iten»isslon to speak is requested on his or Iter behalf by a director. In such case, the President may limit the lime any Voting Member may speak. NolwithslenJing the above, the President may aJjoam any meeting of the Doard and reconvene in executive session, excluding Voting Members, Io discuss matters of a sensitive nature, such as pending or threatened litigation, personnel matters, etc. B.I S. Aelfon Without a Formal hieeling. Any action to betaken sl a meeting of the directors or sny action that may be taken a1 a meeting of the directors may be taken without a meeting if a consent in writing, setting fortl- the action so taken, shall be signed by all of the directors, and such consent shall have the same force and effect rwa a unanimous vole. Written consent or cortsertts shall be file) with the minuses of the proceedings of the board. An explanation of the action to be taken or actually taken by the board shall be given to Ilte Members of llte Association within three days after all written consents Iteve been nbtaineJ. 'fhc explanation shall he given in the same mender as provided in the Dy-Laws for the giving of notice of regular meetings of the Uosrd. failure to give notice shall not render the action to be taken or actually taken invslid. L. Powers anJ Duties 8.16. Powers. Tile Board shall have nil of the powers end Julies necessary for the administration of the Association's affairs and for perfixming all reslxtnsibililies and exercising ell rights of tha Associelion as set forth in the Declaration, these Dy-Laws, Ilte Articles, and as proviJed by law. 'I Ile Doard may do or Grim Uaks Neighborhood CCd:R's 4-11-01 Pag`en16 V o~ ~8za7 cause to be done all acts and Things as are by the Declaration, Arlicla, These Bylaws, or Oregon law directed to be Jone and exercised exclusively by the Voting Members or the membership generally. 8.17. lintles. The Dulles of the Board shall include, without limitation: (a) Preparation end adoption of annum budgets and establishing each Owner's share of the Common Expenses and Neighborhood Expenses; (b) Levying and collecting assessments from tl-e Owners to fund the Common Lxpenses and Neighlwrhoud Expenses; (c) Providing for the operation, care, upkeep, and maintenance of the Area of Common and Open Space Areas, (see ExhitSil A: Gruen Uaks Neighborhvod C.'omaron and Opur.rpace Areas) which includes the following: 1. Paying for all utility costs incurred for the reyuired operation of Common and Open Space infraslnrclure and Temporary or pennanenl equipment used Iberia; A. Except for street lighting which shall be maintained and serviced by the City of Central Point. 2. Neighborhoal leaf pickup. 1~he Association shall remove leaves and natural detritus from back edge of sidewalk (house side) to the mad. Properly owners ere responsible for the collcctira- enJ removal of leaves and detritus on (heir own property from the edge of the sidewalk closest to the residence; J. Street tree anJ park strip maintenance. 71te Association shall maintain the trees and.grass occurring between Ibe sidewalk and the curb of every street. 'I~his includes but is not limited to pruning, spraying, planting, removal, mowing, fertilizing and other mainlcnance activities. (d) Designating, hiring, enJ dismissing the personnel necessary to terry out the rights and responsibilities of the Association enJ where appropriate, providing for the compensation of such persom-el and for the purchase of equipment, supplies, and materials to be use) by such personnel in the perfonnm-ce of their duties; (e) Depositing all fiords received on behalf of II-e Association in a bank depository wl-iclt it shall approve, and using such fiends to operate the Association; provided, any reserve fund may be deposited, in tl-e directors' best business judgmer-l, in depositories other than banks; (() Making and emending rules end regulations; (g) Opening of bank accounts on behalf of the Association and designating the signatories required; (h) Making or contracting for tl-e making of repairs, additions. and improvements to or alterations of the Common and Olin Space Area in accordance with the Declaration and these By-Laws; (i) Enforcing by legal means the provisions of the Declaration, these Dgl.aws, and the rules adopted by it and bringing say proceedings which may be instituted on behalfof or against the Owners concerning the Association; (j) Ublaining snJ carrying property and liability insurance end fidelity bond's, as provide) in the Declaration, paying II-e cost thereof, and filing and scljusting claims, a, appropriate; GrifllnOsksNelghborl-oodCC&R's 4-Ildtl Poge 17 ~1 01 18237 (k) Paying II-e cost of nil services rendered to tl-e Association or its Alembers and not cliar~eable directly to spcci ,fie Owners; (1) Keeping books with detailed accounts of the receipts and expenditures of the Association; (m- Making available to nny prospective purchaser of n LoUProlxrly, nny Owner, and the holders, insurers, and guarantors of any Mortgage on any LoUProperty, current copies of the Dcclarnlion, tl-o Articles of Ir-corporalion,ll-e By-Laws, rules and all otl-er books, records, and financial staterneuls of the Association; ' (n) Permitting utility suppliers to use portions of the Common Ares reasonably necessary to the a-going dcvelopn-cnt or operation of the properties; (o) Indemnifying a director, officer or conuniltee member, or former director, off tear or committee member of the Association In the extent such indemnity is allowed by Oregon law, the Articles of Incorporation end the Declareliou; and (p) Assisting in the resolution of disputes between owners and others without litigation, es set forth in the Declnration. 8.18. Right of peclarant to D{sapprove Actions. Until 75% of the Maximum Lots/Properties are owned by Retail Owners, tl-e Ueclnraul strait I-ave n rigl-t to disapprove any action, policy or programs of the Association, the Bonrd and soy committee which, in the judgment of the Declarant, would tend to impair rights of the Ueclnrant or builders under the Declaration or These by Laws, or interfere with development, construction of any portion of the Properties, or diminish the level of services being provide) by the Associnlioa. No such action, policy or program shall become effective or be implemented until end unless: (e) The Declarant shall have been given written notice of all meetings and proposed actions approved at meetings of the Association, the Baard or any committee thereof by eerlified mail, return receipt requested, or by personal Delivery al the address it has registered wish the Secretary of the Association, as it may change from lime to lime, which notice canplies, as to the Board meetings, with Section 3.g, 3.9, sod ).10 of These Ily-1>aws and which notice shall, except in the cast of the regular meetings held pursuant to the By-Laws, set forth in rcasonnble psrlicularily the agenda to be followed st said meeting; and (b) TI-e Ueclarant shall be given the opportunity nl any such meeting to join in or to have its represenlnlives or agents join in discussion front 11-e (loot of nny prospectiva sclion, policy, or program which wool) be subject to the right of disapproval set forth herein. 'the Ueclarant, its representatives or agents shall make its concerns, thoughts, and suggestions known to the Boar) anJ/or the members of the subject committee. l~he Ueclarant shall have and is hereby granted a rigid to disapprove any such action, policy, or program authorize) by the Associatiol, the Board or any corrtntittye tl-ereof, if Board, committee, or Association approval is necessary for such action. l Iris rigl-t n-ay he exercise) by ll-e Decleran4 its successors, assigns, representatives, or agents at any time within 10 days following the meeting hell pursuant to the tero-s and provisions hereof. This rigid to disapprove may be used to block proposed actions but shall not extend to the requiring of any action or counteraction on behalf of any committee, or the Board or the Association. The Declarant sl-all not use its right to disapprove to reduce the level of services which the Association is obligated to provide or to prevent capital repairs or any expenditure required to comply with applicable Inws anJ rcgulntions. t)riftin Oaks Neiglrlwrlwal CCdcR's 4-I1-01 Page I g \~ U1 18237 (c)'ftris Section may not be amended without the express wrillen crnrsent of the Ueclaranl until 75% of the Maximum L.ols/Properlies have been conveyed to Retail Owners. A.19. ManaRcmcnt. "1'he Doard may employ for the Association a professional management agent or agents at srtclr compensation as the Doard may establish, to perform such clinics and services as the Doard shell authorize. 'fire DoarJ rrray delegate sucl- powers as are necessary to perform tl-e n-arreger's assigned duties, but shall not delegate policy making authority or (hose duties set fnrib in Sections A.17(a) and ).17(i). The UcclnrmU, or au afliliute of the Ueclaranl, may bo employed as mm-aging agent or managtr. The Doard may delegate to nne of its manbers the authority to act nn behalf of the Doard on all matlers relating to the Jutics of the mm-agiog aged or manager, if any, which might arise beNvccn meetings of the Doard. The Association shall not be bound, either directly or indirectly, by any management contract executed during the Development Pericxl wdess such contract contains a right of lennination exercisable by the Association, WId- Of WI1h0111 CAUSe alld WIQIOIIt penAhy, at any Time alter termination of the Uevelopmenl Period upon not more Than 30 Jays wrillen nollce. 8.2U. Aecounls and Iteporls. The following managcnrcnt slmrdnrds trfpcrfonnance shall be followed unless the hoard by resolution specifically deienninesolhenvisc: (a) Accrual accounting, es defined by generally accepted accounting principles, shall be employed; (b) Accounting and controls should conform to generally accepted accounting principles; (e) Cash accounts of the Association shall not be commingled with any other accouals; (d) No remuneration shell be accepted by the managing agen! from vendors, independent contractors, or others providing goods or services to the Association, whether in the form of conrn-issiorrs, finders fees, service lets, prizes, gilts, or otherwise; any thing of value received shell benefit the Association; (e) Any financial or other interest which the managing agent may have in any fim- providing goods or services to Ilia Assoctotton shall be disclosed promptly to the Doard; (Q 11-e following financial and related information sl-all be regularly prepared and distributed by the Doard to all Members of Ibe Association: I. The Doard shall cause a "Capital Dudgel" and a "Common Expense' Dudgct" (collectively referred to as the "Dudgel") for the Association, (which includes the budget for each of the Neighborhoods, if any), to be prepare) for each fiscal year _ of tl-e Association, a copy of which shall be dlslribtrted to each Member of the Associatiwr not less Than 45 nor more than GO days before the beginning of the (seal year to which the Dudgel relates. A copy of the Itudgel shall be distributed personally or by mail or other manner rcosaurbly designed to provide delivery to each of the Marchers of the Association. The Dudgel shall include the following information: A. "I'ha eslin-atecl reven--e and expenses of the Association or- en accrual basis for tl-a fur tl-comiag kcal year; (;riflin Osks Neighborhood CCR.R's 4-11-01 Pagegl9 I U1 18237 B.'I'he mnonnl of the total cash reserves of the Associalirnr currauly available for the replacemart or major repair of the Area of Common Responsibility and fur coulingarcies; C. An estirmte of the current replecewenl costs of the estimated remaining useful life of, and the methods of fintding to defray fidurc repair, replacement or additions to, those major components of the Area of Common Responsibility; and U. A general slalement setting forth the procedures used by the Board in the calculation and establishment of reserves to Jefrey the future repair, replecetnettt or additions to major componcnts of the Area of Common Responsibility. E.A disclosure slotemenl Thal the Ueclerent or a Builder is contributing "in kind" services or material pursuant to a contract with the Association, if any, and that (heir assessmart obligation may be reduced or abated by the amowri of the agreed value of such services or materials; and F.A disclosure slalement Ural a subsidy contract exists between the Declarant and the Association, if That is the case. lbe budge) shall become effective unless disapproved al a meeting of the Voting Members representing al leas) a majority of the Members of the Association. 'there shall be no obligation to call a meeting for _ the purpose of considering the Uudgel except on edition of the Voting Members as provided for special meetings in Section 7.4 of the By-Laws, which petition must be presented to the Board within 10 days of delivery of the notice of assessments. In Ilse event Ilre proposed budget is disapproved or Ilre Board fails fur any reason to delcnuine the Budget for any year, then and tali) such time as 3 budget shall have been determined as provide) herein, the budget in effect for the inrmedintely preceding year shall continue for the current year. 1'Ire portions of the budget relating to particular Neighborlrorxls shall become effective unless ' disapproved by a majority of the Owners of Lots/I'roperties in the Neighborhood for which the Neighborhood budget applies. There shall be no obligation to call a meding for the purpose of considering the Neighborhood budget except on petition of Owners of at least 10% of the Lols/Properties in such Neiglrborlrood; arrJ provided, firrtlrer, the right to disapprove shell only apply to those line items in the NeiglrborhooJ budge) which are ollributnble to services requested by the Neighborhood. In the event portions oFlhe proposed budget relating to any Neiglrborlrood arc disapproved or Ilre Board fails for arty reason to determine the Nciglrborhood budget for any year, tlrert and until such time as such budget shall (rave been delertrrirrcd as provide) Irercin, tlrc Nciglrborhood budget in effect for the immediately preceding year shall continue for the current year. In lieu of distributing the bualgel as specific) in Ilre above paragrnplrs of this Section g.20, the Boar) may elect to distribute a summary of the budget ("Summery") to all its Men-bers with a wriUen notice that the budget is available at the business once of the Association or al another suitable location within the bourrdaries of the Properties and thol copies will be provided upon request al Ilre expense of the Association. If say Merrrber requests s copy of the budgrl, the Association shall provide such copy to tl-e Member by first-clsss United States mail or deliver such copy willrin five days of such request. The written notice thst is distributed to caclt of the Members shall be In at least 10 point bold type on Ilre front page of the Summary. Griffin Oaks Neighborhood CCkR's 4-I I.O1 Page 2Q U1 1i32~7 9.1. Removal and Vaeancles. Any officer may be removed by the Doard whenever in its judgment the bell interests of the Associntion will be served Ihercby. A vacancy in any office arising Ixcause of death, resignation, removal, or uthcnvtse may be filled by the Uoard fnr dre un-expired portion of the lertn. 9.4. Powers and Uulles. 'the officers of the Assoeinlion shall encl- hove such powers and duties as generally pertain to their respective offices, as well as such powers and duties as may specircally bo conferred or imposed by the Doard. The President shall be the chief executive officer of the Association. the Treasurer shall have ~rin-ery responsibility for the preparation of the budget as provided for in the '• Declaration end may Jclcgele all or pert of the preparation and notification duties to a finance committee, management agent, or bosh. 9.5. Italgnalbn. Any officer may resign al any lime by giving written notice to the Doard, the President, or the Secretary. Such resignation shot! take effect on the date of the receipt of such notice or - al any later time specified therein, end unless otherwise specified Ilterein, the acceptance of such resignation shall not be necessary to make it effective. 9.6. Agreements, Contracts, Ueecls, Leases, Cheek+, F.le. All agreements, contracts, deeds, leases, checks, end other instruments of the Association (other than fnr the withdrawal of reserve funds) shall be executed by at least two officers or by such outer persat a• pcrsotts as may be designated by resolution of the Doard. The Doard shall regain: signahues for the withdrawal of reserve funds of either two member of the Doard or a mnnbcr of the Doard utd officer of the Association who is not also a member of the Uoard. For purposes of this section, "reserve funds" means movies the Board has identified in the Dudget for use to defray the future repair or replacement of, or additions, to !hose major comparenU which the Association is obligated to maintain. 9.7. Compensallon. Cornpensolion of officers shall be subject to the same limitations as compensation of directors wider Section 3.12 hereof. X. Committees 10.1. General. The Doard may appoint such cornmittecs as it deems appropriate to perform such tasks and to serve for such periods as the Doard may designate by resolutlon. Caclt committee shall operate in accordance with the !eons of such resolution. ID.2. Tnnaltional Advisory Conrmlllee. In addition to any other committees appointed as provided above, the Doard shall establish ptrrsusnl to OItS 94.604, s Transitional Advisory Coinntittee when more than 50°/. of the Maximum Lots/Properties are owned by Retail Owners and Dcelsrant membership hsa not yet terminated. X1. Miscellaneous 11.1. Fiscal Year. llte fiscal year of the Association shall be set by resolution of the Doard. In the abserrce of a resoltttion, the fiscal year shall be the calendar year. Griffin Oaks NeighlwrhoodCCdcR's 4-I t-01 Page 24 ~~ Ui 18237 11.2. Par•Ilamentary Rules. Except as may be ntoclified by [loard resolution, Robert's Rules of Order (current edition) shall govern the conduct of Association proceedings when not in conflict with Oregon law, the Articles of Incorporaliat, the Declaration, or these f3y~Laws. 11.3. Conflicts. If lltere arc conflicts between the provisions of Oregon law, the Articles of Incorporation, the Ueclaralion, and these hyLaws, the provisions of Oregon law, the Ucclarolion, the Articles of incorporation, and the Ay-Lsws (irt that order) sltal I prevail. 11.4. Nollces. Unless otfterwise provide) in these fly-Laws, nll notices, demands, bills, slalenrenls, or other communications under Ihese Dy-Lsws shall be in writing end shall be deemed to have been duly given if delivered personally or if sent by United Stales mail, first class postage prepaid: (a) If to a Member or Voting Member, al the address which lbe Member or Voting Member has designated in writing end filed with the Secretary or, if no such address has been Designated, at the address of the LoVProperty of such Member or Voting Member, or (b) If to the Association, the ©oard, or du managing ngent, at the principal office of the Association or llte managing agent, if any, or al such outer address as shell be designated by notice in writing to the Members pursuant to this Section. 11.5. Amendment (a) liy Ueclnrant Member. Prior to the conveyance of the first LoVProperty to a Re-ail Owner, Ueclnrant may unilaterally nnund Ihese Dy-Laws. Alter the conveyance of any LoVProperty to n Releil Owner, the Declararn may mtilaterally amend Ihese fay-Laws at Wiry lime if such amendment is (i) Necessary to bring any provision hereof into compliance with any applicable governmental statutes, rule or regulation, or judicial deternination; (ii) Necessary to enable any reputable title insurance ccmpatty to issue title insurance coverage on the Lols/Properlies; (iii) Required by an institutional or govertttnentel lender or purchaser of mortgage loans, including, for example, the Federal National Mortgage Association or Federal home Loan Mortgage Corporation, to enable such lender or purchaser to make or purcltsse mortgage loans on the Lots/Properties; or (iv) Otherwise necessary to satisfy the requirements of any governmental agency for approval of Muse 13y-Laws. however, any such arrtertdrnent shall not adversely affect the title to any LoVProperty unless llte affected Uwtur shall consent thereto in writing sttd such amendment is approved by the Commissioner if applicable, the Commissioner's approval is required if the amendment constilules a material chutge enJ a LoVProperty has been conveyed pursuant to a Permit. (b) fay Members Generally. [ixcepl as provided above, anJ prior to conversion of Ueclnrant membership to Retail membership, these DyLaws may ire amended only by the affirmative vole or written consent, or airy combination thereof, of Voting Members representing 51 Y. of all Members. ARer conversion of the Ueclnrant membership to ReCail membership, these Icast~ (a) 75Y. of t)rer Me nlxrs!) t d (1) 75!. rrf Itc Metubc ttlntlter l11 an IlvllicrUecla Antresenling st Griffin Oaks Neigbbodtood CCdcR's 4.11-01 Page 25 ~i _ . Ui 18237 In addition, the apprvvel raluirements sal forth in Article XIV of the Declaration shall be met, if spplicablo. Ndwill~slanding tlw sbovq, the percerrlage of voles nocessery to amend s specific clause shall nd be leas than the prescribed percentage of sfTirmetivo vote roquiral for sction to be taken antler that clause. (c) Validity end E(fodive I)ele of Anxnclmen-s. Amardments to thane Ay-Laws shall bocane elleclive upon recordation in the OlTice Of Uw County Clerk unless s later effaclive date is specific) (herein. Any procedural chsllmge to en sm«idrrxnt must be mado within six monllu of its recordation or such arnardtnent shall be presumed to have been validly adoptod. In no event shall n cl~anga of conditions yr circumstances operate to smatd any provisions of these Dy-Laws. If en Owner consenter to any amaxlmtnt to the Declaration or these Dy-Laws, it will be conclusively presrrmocl Urnt such Owner Ires the authority so to catsent and tto contrary provisiat in any Mortgage or contract betwoen tlw Owns aril a third party will sfl'ocl the validity of such amaxhrxnt. No smarchnari may remove, revoke, or modify any riglrl or privilege of Doclarurl willaut the written consent of Dxlaranl or the assignee of such right or privilege. CERTIFICATION 1, U>e unclersignod, do hereby certify: That 1 am tl~e acting Sxretary of Ilus Assoeialion. Thal the foregoing Dy-Laws constitute the original Dy- Laws of end Association, to be adoplad et s meding of the Board thereof held on the _~>~ day of (rnarih)~'Y1 (Y~).~°L• IN WITNESS WHEREOF, I have IKxeunto subscribal my rwtre and afTured the seal of said Association this,~~day of (month) ~OR~[. L_, (year) 00 ACT1N0 SE%~_ A Acting Secrdary of the Association Stale ofOregon } ss. CourRy of Jackson } Crl(fie Oaks Neighborhood CCkR'• 4-11-0I P~age~26 v .i ~ fir' I~l 18;37 U O J m Z 0 O m a a rururtr: r~rinsr:; car rwiN curcr<s J i~ J I._ iw aw. ~ww 1a~ u~iw u u ~ iw ~w urw war ,o~w iw urw ~ww iww ~w I -~~ Y i ~ SN.VER SPRINGS DRNE ~ ~ 8~,,.y wnr Jackson County, Orego Recorded GRIFFIN OAICS NEIGHBORHOOD pFFICIAI RECORDS GRATIN QUlS`COMMON ANO OPEN SPACE AIAI-/rENANCE ASSOCNrION LEGEND: COMMON ANO OPEN SPACE AREAS p••SQ PARKS AND OPEN SPACES ~_" ~A. /~ COMMON AREAS M F.O.W. ' COUNTY CLERK ~~ l~ p- ~ ~ poi 100' Exfiblt A MelCeaverMorrN wDi'^'•"""+ ud aPM Ma I1rw~ r...ww rwn.w Corlnlo~l o~rorr~. ~~ ~ wiiµ«~O~n Rio rw (~HHIh QNk MdphbOdlOOd qua rw~rw ~ TM~ Orw4 Ilu'wR pY~~ D.wbP~ ~w ~ + Ow~A M'I~ O~~os~ "' peb 21 2001 Tlrh ~~ ~ ~` LLA • ~w Y U Z •a w 0 u a w I •t k i i i i 1 i i I ~;, U1 1837 OFFICV1l 9FJ1 JUDY PARIO N01MY pUBUGOfI!!OON C01AMI3apN HO. ~1J900 MY ISSION F.J<PIflEO OCT. 1S,1o0~ N AR PUBLIC FOR OREGON M~ CommVslor Eaplrt+ /D-/ l-Q3 ar this a 4~ day of monUr) . !7 (yur) _~i QO 1 . persaully appeared before nx the abovo-na~nod ,who being duly sworn, alalea ha is a manber of Twin Creeks Development Co., LLC., en Oregon limits! liability company, the Declarant, snd acknowledged That the foregoing insUumenl was signed end sulal on bdulf of the Orif(in Osks Neighborhood Carunon and Opa~ Space Mainlaiance Association, an Oregon OOt for profit corporation, as the acting sxrdary, and fiirllur acluwwlodgal said instrumaU to be Ilse voluntary act snd deed of the rat for profit corporstton. GrlNin Oaks Neighborhood CCd.R•s 41 I-01 Page 27 2~