HomeMy WebLinkAboutGriffin Oaks CC&Rs (Phases 2 & 3 - Twin Creeks)0;Z 24 L 67 r ~~ (~~1 Z ~ ,~
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Declaration of Covenants, Conditions and Restrictions for
Phases.. of Twin Creeks, Transit-Oriented Development Project
City of Central Point, Jackson County, Oregon
Twin Creeks Development LLC, an Oregon limited liability company ("Declarant"), being a
party in interest of all the real property located in the City of Central Point, County of Jackson, State of
Oregon, being a Subdivision known as GRIFFIN OAKS UNIT 2 PHASES 2 & 3 NEIGHBORHOOD,
Unit 2 ("Subdivision") as the same is particulazly described in the recorded Plats for this subdivision on
file with the County Clerk of Jackson County, Oregon, does hereby make the following Declaration of
Covenants, Conditions and Restrictions ("CC&R's") covering the above described real property
specifying that this declaration shall constitute covenants to run with all the land and shall be binding on
all persons claiming under them, and that these Covenants Conditions and Restrictions shall be for the
benefit of and shall be limitations upon all future owners of said real property described in EXHIBIT "A"
which is attached hereto and made a part hereof.
All lots and parcels of real property in the Subdivision, hereafter conveyed, teased, rented, or
occupied shall be subject to the following CC&R's:
I. Grifl~n Oaks is a "Traditional Neighborhood"
,~ 1.1 Traditional Neighborhoods Have a Variety of Housing Types. Unlike some typical subdivisions,
Griffin Oaks anticipates a vaziety of different housing types within the neighborhood, including
lazge lot homes, standard lot homes, standard lot cluster homes, small lot `Charleston' homes and
accessory units.
1.2 Traditional Neighborhoods Don't Wall People Out. Unlike gated subdivisions, Griffin Oaks is
public and a component of the greater community. Its streets, pazks, open spaces and common
areas aze meant to interconnect with the adjacent neighborhoods.
1.3 Griffin Oaks has an Architectural Vision. Unlike homes in some typical subdivisions, the homes
in Griffin Oaks are required to meet the City of Central Point TOD Design Development
Standazds. These standards provide protection for the other homeowners within the
neighborhood, yet allow enough design flexibility to assure variety, interest and personal
expression in the design of homes. The Site and Building Design Development Standazds for
single family dwellings are summarized below.
1.4 City of Central Point TOD Site and Building Design Development Standards S
17.67.050 Site Design Standards
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1. The building design, massing, orientation of rooms and outdoor spaces should enhance solar
exposure for the project, taking advantage of the climate of Central Point for sun-tempered
design (refer to section D. Solar Orientation )r?~~,~ ~T t; f';~~r7}r~t`~•,~ t:,-; r~.,~~,~r,rv ir~ --,.~;~ ~,,~r, ~.-~-„T
17.67.070 Building Design Standards ~ ` :.- • ~ - . ~ ... ." ~,~ ti:;°;.a~' ~ ~~.~ ~ - . .
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Crrifl'ut Oaks Neighbor~`dl~t'1LC~ P~Q~~1
Page 1
~ 1. All buildings are encouraged to adopt `sustainable design' practices to conserve energy and
resources, with strategies such as natural ventilation, passive heating and cooling,
daylighting, sun-shading devices for solar control, water conservation, appropriate use of
building mass and materials and careful integration of landscape and buildings. (refer to A.
General Design Requirements 1, 4)
2. Attention shall be paid to architectural elements such as building forms and massing, building
height, rooflines and parapet features, window size, orientation and detailing, materials and
color. (refer to B. Architectural Character l.c)
3. The primary building entry should orient to the street, or if on a corner lot, orient to either
street or the corner. The main entrance should be prominent, interesting and pedestrian
accessible. A porch, at least 8' wide by 5' deep, covered by a roof supported by columns or
brackets, should be provided. Building elevation changes are encouraged to make a more
prominent entry, with a maximum elevation of not more than half-a-story in height or 6' from
grade whichever is lesser. (refer C. Building Entries 3.a -f)
4. The dominant feature of any building frontage visible from a pedestrian street or public open
space shall be the habitable area with its accompanying windows or doors. (refer D. Building
Facades l.e)
5. All buildings shall be constructed with exterior building materials and finishes that are of
high quality, with all facades along a pedestrian route of suitable durable materials, which are
low maintenance, weather resistant, abrasion resistant and easy to clean. (refer to D. Building
Facades l.g, h)
6. All visible building facades along or off a pedestrian route, including side or return facades
are to be treated as part of the main building elevation and articulated in the same manner,
with continuity of use of the selected approved materials.(refer to D. Building Facades l .i)
7. The City will regulate garage setbacks as per D. Building Facades 3.a.1-2
~- 8. All building elevations facing a pedestrian route shall not consist of undifferentiated blank
walls, but shall be articulated with architectural detailing such as windows, dormers, porch
details, balconies or bays. (refer to D. Buildings Facades 3.a.3)
9. Fences or hedges in a front yard, or side yard fencing between the front building fagade and
street shall not exceed 3 feet in height. Fences beyond the front facade of the building in a
side yard or back yard and along a street, alley, property line or bike/pedestrian pathway shall
not exceed 4 feet in height. Hedges or vegetative screens shall not exceed 6 feet. (refer to D.
Buildings Facades 3.a.3)
10. Flat roofs in LMR are not permitted. The minimum for sloped roofs is 5:12, and no more than
12:12. All eaves shall overhang building walls 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 fagade. Porch and entry lights are
encouraged, with no exterior lighting exceeding 100 watts per fixture. (refer to F. Exterior
Building Lighting 2.a - c)
1.5 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; Amendment
The Properties shall be held, sold and conveyed subject to the provisions, covenants, restrictions
and easements contained in this Declaration. The provisions of this Declaration shall run with the land
and be binding upon all parties having any right, title or interest in the Properties or any part thereof and
,~ shall benefit all persons who are or become Owners of Lots.
Griffin Oaks Neighborhood CC&R's 4-11-01
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02 24867
The provisions of this Declaration are valid and binding for a period of thirty (30) years from the
date of recording this Declaration in the office of the County Clerk of Jackson County, Oregon, at which
time said provisions shall be automatically extended for successive periods of ten (10) years each unless
seventy percent (70%) or more of the Owners, by an instrument or instrumeirts in writing, duly signed and
acknowledged by them, terminates said provisions insofaz as they pertain to residential Lots or Building
Sites, and termination shall become effective upon the filing of such instrument of record in the office of
the County Clerk of Jackson County, Oregon. This Declaration may not be amended without the approval
of the Declarant until after termination of the Development Period as defined herein, and then only by an
instrument properly executed 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 under this provision, Owners of Lots will be entitled to one vote for each vote they are entitled
to cast in the Association for a Lot which is subject to this Declaration.
III. Definitions
The following words, when used in this Declaration or any supplemental declaration (unless the
context indicates otherwise) shall have the following meanings:
a) "DRC" shall mean the Design Review Committee as provided for and established in this
Declaration.
b) "Association" shall mean the Griffin Oaks Common and Open Space Maintenance Association,
an Oregon non-profit corporation.
c) "Board" shall mean the Board of Directors of the Association.
d) "Building Site" shall mean a legal site for the construction of a single family residence and shall
``. consist of at least (1) one or more residential lots as legally established by the plat of the Property;
or (2) a parcel composed of only a portion of such residential Lots, the 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 Space Areas" shall mean:
• All the real property (including any improvements thereon) owned by the Association for the
common use and enjoyment of the public; and
• Those landscaped areas or other community related improvements lying within the street
right of way, utility tracts, or easements over building lots granted to the Association for such
purposes; and which have been landscaped or have had improvements installed by the
Declarant or the Association for the common beautification and enjoyment of the properties.
(Entry signs, mailbox stands, and landscaped entries, detention ponds, street islands, parks
etc. are the type of areas and improvements included herewith.)
f) "Declarant" shall mean Twin Creeks Development Co. L.L.C., an Oregon limited liability
company, and its successors and assigns. The term "successors and assigns" as used in this
definition does not include purchasers from the Declarant (or from its successors and assigns) of
Lots.
g) "Declazation" shall mean this Declaration of Covenants, Conditions, Restrictions and Easements
of the Griffin Oaks Neighborhood.
h) "Development Period" shall mean the period of time the Declazant or Builders are engaged in the
development or sales of Lots, or activities related thereto, anywhere on the property. The
development period shall end when the Declarant and builders convey all Approved Lots to
Owners other than the Builders.
i) "Board of Directors" shall mean the Board serving until replacement.
Griffin Oaks Neighborhood CC&R's 411-01
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`, j) "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the
Property with the exception of (1) the Common and Open Space Areas; and (2) tracts dedicated to
utility districts and government entities.
k) "Member" shall mean and refer to every person or entity that holds a membership in the
Association. There 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 Lot and shall include any persons or entities purchasing a Lot pursuant to the terms of a
recorded real estate contract, but said term shall exclude those having an interest in any Lot
merely as security for the performance of an obligation.
m) "Property" or "Properties" shall mean the real property described herein, which is subject to this
Declaration.
IV. Easements; Rights in Common and Open Space Areas
4.1 Easements. Easements for the installation and maintenance of utilities and drainage facilities are
reserved as shown on the recorded plat, or as recorded elsewhere. Within these easements, no
structure, including such items as patios, barbecues, etc., shall be placed or permitted to remain,
nor shall any activity be permitted within said easements which may damage or interfere with the
installation and maintenance of existing and future utilities, or which may change the direction of
flow or drainage in the easement areas. A utility or drainage facility in the easement area of each
Lot or Building Site shall be maintained continuously by the properly Owners who require the
,~ utility or drainage facility except for those improvements for which a public authority or utility
company is responsible. In the case where a utility or drainage facility has to be installed on an
Owner's property in the easement 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 Owners
who require the utility or drainage facility. Any and all drainage collected or sufficiently
concentrated to create erosion problems in the opinion of the DRC shall be piped to the nearest
underground public storm sewer line or street gutter at the expense of the property Owner(s) who
requires the drainage facility. If such an installation is required to serve more then one Lot, then
the Owners of each of said Lots served shall pay for such installation and maintenance thereof in
proportional amounts as established by the DRC.
4.2 Cluster Lots. Lots 72 thru 95 are considered "Cluster Lots" In each cluster four lots will share a
common access to individual driveways. The lots sharing a common access will share equally in
all maintenance and Jor repairs of said access. Such repairs shall be at the mutual consent of a
majority of said owners. Any owner who shall have paid his share of the access may bring action
against anon-paying owner or the owner's property. Lots 78, 88, and 92 are exempted from this
section, unless the common access is used to their benefit for ingress and /or egress.
4.3 Lot Owner's Rights in Common and Open Space Areas. Every Owner shall have a nonexclusive
right to an easement of enjoyment in and to the Common and Open Space Areas owned by the
Association and such easement shall be appurtenant to and shall be conveyed with the title to, or
contract purchaser's interest in, every Lot, even though such easement is not expressly mentioned
or described in the conveyance or other instrument, subject to the following restrictions:
`rr a) The rights of the Association to adopt rules and regulations;
Griffin Oaks Neighborhood CC&R's 4-I 1-01
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02 28176 ~~~
Ioi
i`, AMENDMENT /
TO '~
COVENANTS, CONDITIONS AND RESTRICTIONS
"GRIFFIN OAKS UNIT 2 PHASE 2 & 3 "
Griffm Oaks Neighborhood
This AMENDMENT TO THE DECLARATION is made this day, May ,~~ 2002
by the original Declarant and the Owner (amended Declarant) of the property described
therein, and are the required parties to place this amendment on record. On May 3, 2002,
Declarant, Twin Creeks Development Co., LLC, an Oregon limited liability company,
made a Declaration of Covenants, Conditions and Restrictions for the real property more
fully described in attached EXHIBIT A, made a part hereof. Said Declaration was
recorded May 3, 2002 as Instrument No. 02-24867, Official Records of Jackson County,
Oregon.
Said Declaration is hereby amended to restate, correct and replace Section 4.2 (to
correct the lots "exempted from this section") as follows:
4.2 Cluster Lots Lots 72 thru 95 are considered "Cluster Lots". In each cluster,
four lots will share a common access to individual driveways. The lots sharing a
common access will share equally in all maintenance and/or repairs of said
access. Such repairs shall be at the mutual consent of a majority of said owners.
Any owner who shall have paid his share of the access may bring action against a
non-paying owner or the owner's property. Lots 79, 88, and 92 are exempt from
this section, unless the common access is used to their benefit for ingress and/or
egress.
EXCEPT AS SPECIFICALLY AMENDED ABOVE, all other Covenants, Conditions
and Restrictions contained in the Declaration recorded as said Instrument No. 02-24867
remain unchanged and in full force.
IN WITNESS HEREOF this ~ day of May, 2002: JACKSON COUNT'i "ft LE DIVISION has recorded this
instrument by request as an accommodation only,
TWIN CREEKS DEVELOPMENT CO., LLC and has not examined it for regularity and sufficiency
(Owner/Declarant) or as to its effect upon the title to any rear property
that may be da~:ribed therein.
By: /~
Bret A. Moore, Manager
STATE OF OREGON
COUNTY OF JACKSON "
The foregoing instrument was acknowledged before me on Mayes' ~ , 2002 by Bret A. Moore,
authoriz ignor for Twin Creeks Developme t Co., LLC, an Oregon limited liability company.
otary Public for Oregon
My commission expires:
~.
s. "1-IEMDEN ALL
`V~~~~k'' "UB~iC-OREGON
`;OMM~SSION NO. A334788
MY C4h1r~nISStCi,+; .<n)RSS JUL 05, 2004
.~ .
Exterior Boundary Legal Description
Grifl3n Oaks Unit 1~'0.2, Phases II & IlJ of Twin Creeks
Assessors Map File l~'o.: 37-2\~-03CD TI_ 200; 300
EXHIBIT A
~. Commencing at a brass cap monumenting the south~~+est coiner o; Section 3; Township
37 South, Range 2 \'~~est of the Willamette Meridian; Jackson County, Oregon; thence
North 89°49'38" East, along the centerline of Taylor Road, 1323.57 feet; thence, leaving
said centerline, l~TO~th 00°14'28" West 30.00 feet to a 2'/z inch brass cap set in concrete,
on the north right-of-~~~ay of Taylor Road marking the southeast comer of Block 3 of
PARKVIEW SUBDIVISION as recorded in Volume 7, Page l7 of tl~e Plat Records of
said County and the II~'ITIAL POINT OF BEGII`~TING; thence, continuing North
00°14'28" West along the east line of said Block 3 extended, l ] 3 7.53 feet t~ a 5.'S inch
iron pin; thence South 80°28'26" East ] 06.11 feet to a 518 inch iron pin; thence South
89°58'56" East 108.88 feet to a 5/8 inch iron pin on the westerly light-of-way of Silver
Creek Drive, said westerly right-of--way also being the westerly boundary of GRIFFIN
OAKS UNIT I`TO. 2, PHASE I as recorded in Volume 27, Page 54 of said Plat Records;
thence, along said ~~-esterly right-of-«~ay, along the arc of a ct~rre ;o the right ha~~ing a
radius of 262.00 rect. a central angle of 12°03'15". an arc lengt~ ;~r= ~.1? feet {the long
chord of which bears South 12°46'30'' West 55.02 feet) to a SAS inch iron pin; thence,
continuing along said westerly right-of-~vay, along the arc of s curs ~ to the left lia~+ing a
radius of 338.00 feet. a central angle of 19°06'32", an arc length of 1 L.73 feet (the long
chord of which bears South 09°l4'Sl" \~Jest l 12.21 feet); thence. continuing along said
westerly sight-of-~~-av, South 00°] 8'24" East 141.27 feet to a SS ir~l; iro;i pin; thence,
leaving said «+esterly right-of-~i'ay, South 79°15'19" East: along she southerly boundary
of said Phase I, 77.44 feet to a 5/8 inch iron pin on the easterly right-of-~vay of Silver
Creek Drive marking the southwest corner of Lot 53 of said Phase 1; thence, leaving said
`, right-of-way, North 89°41'36" East, along said southerly boundary, 2I 7.45 feet to a 5l8
inch iron pin on the westerly right-of-way of Oakley Street marking the southeast comer
of Lot 55 of said Phase I; thence, leaving said westerly right-of ~vay, North 85°21'27"
East, along said southerly boundary, 60.17 feet to a 5/8 inch iron pin on the easterly right-
of-way of Oakley Street marking the southwest comer of Lot 56 of said Phase I; thence,
leaving said easterly right-of-way, North 89°4l'36" East, along said southerly boundary,
111.89 feet to a 5/8 inch iron pin marking the northwest comer of Lot 32 of said Phase I;
thence South 00° 18'24" East, along the west line of said Lot 32, a distance of 78.00 feet
to a 5/8 inch iron pin marking the southwest corner of said Lot 32, said pin also being the
northwest comer of GRIFFIN OAKS SUBDIVISION as recorded in Volume 26, Page 45
of said Plat Records; thence, continuing South 00°18'24" East, along the west line of said
Griffin Oaks Subdivision, 492.27 feet to a 5/8 inch iron pin, marking the southwest
comer of Lot 7 of said Griffin Oaks Subdivision, on the north line of that tract of land
described in Instrument No. 01-11803 of the Official Records of said County; thence
South 89°59'06" West, along said north line, 12.39 feet to a 5/8 inch iron pin marking the
northwest comer of said tract; thence South 00° 18'24" East, along the west line of said
tract, 226.56 feet to a 518 inch iron pin marking the southwest comer of said track thence
North 89°49'38" East, along the south line of said tract, i 2.39 feet to a 5/8 inch iron pin;
thence, leaving said south line, South 00° 18'24" East 8.00 feet to a 518 inch iron pin on
the north right-of-way of Taylor Road; thence South 89°49'38" West, along said right-of-
way, 648.99 feet to the initial POINT OF BEGINNING.
lockson County, Oregon
Recorded
~„ f}FF-~'-AL RFf."~?RDS
Prepared by: Herbert A Farber- MbY 2 ~ ~~
Farber ~ Sons, Inc. ~ ~ ~ U
Farber Surveying ~~s~~
~ - ~ STY CLERK
1_0 Mistletoe Sheet
Aiioiifn+-~ (lrr~rtnn Q7;(11
02 2486'7
`,. b) The right of the Association to exclusive use and management of said Common and Open Space
Areas for utilities, such as pumps, pipes, wire, conduits, and other utility equipment, supplies and
materials;
c) The rights reserved to the Declarant in the Declaration;
d) The right of the Association to suspend the voting rights and right to use of the Common and
Open Space Areas by any Owner for any period during which any assessment against the Owner's
Lot remains unpaid; and for a period not to exceed one hundred eighty (180) days for any
infraction of the published rules and regulations;
e) The Decalrant bears the right to dedicate or transfer all or any part of the Common and Open
Space Areas to any public agency, authority or utility for such purposes.
4.3 Declarant's Rights in Common and Open Space Areas.
a) Reservation of Control. The Declarant shall have and hereby reserves for itself, its
successors and assigns, the right, during the Development Period, to utilize the Common and
Open Space Areas for its business use and purposes, including but not limited to uses and
purposes related to the construction, promotion and development of the Property. Such right shall
include the right to dedicate, transfer or grant easements to any part of 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. The Declarant's rights to dedicate,
transfer or grant easements as referred to above shall be exercised through the Declarant's
reserved rights, powers, and functions as described in paragraph 9 below (Development Period).
The Declarant shall convey and quit claim the Common and Open Space Areas to the
Association, free and clear of encumbrances, and the control or the management and
~„ administration of the Common and Open Space Areas shall then vest in the Association, subject
to the Declarant's aforementioned rights of use.
b) Costs. Until such time as the Common and Open Space Areas shall be conveyed to the
Association, the Declarant shall pay all costs of maintaining and operating the Common and
Open Space Areas. Upon conveyance of the Common and Open Space Areas to the Association,
the Association shall thereafter pay all costs of maintaining and operating the Common and Open
Space Areas.
c) Additional Common and Open Space Areas. If additional adjacent properties shall be
subjected to this Declaration, Common and Open Space Areas located therein shall, in like
manner be conveyed and quit claimed to the Association. If additional adjacent lot owners shall
become members of the Association and additional Common and Open Space Areas are
dedicated to the Association in connection therewith, then all rights and obligations with respect
to said additional Common and Open Space Areas shall inwe to the Owners of Properties herein
as members of the Association. The Association shall be responsible for the management,
maintenance and administration of all Common and Open Space Areas conveyed to the
Association. Costs of maintaining and 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 Committee
5.1 Design Review Committee (DRC). There shall be a Design Review Committee (DRC), with the
repsonsibility and authority to approve or disapprove modifications to the Property, to approve
the construction of improvements on the Property, and to enforce the terms and conditions of this
~ Declaration as they relate to architectural and use control.The DRC shall consist of three (3)
Grit~n Oaks Neighborhood CC&R's 4-11-01
Page 5
U2 2486'7
'~ members. The members of the DRC during the Development Period shall be appointed by the
Declarant and shall serve until new members are appointed by the Declarant. In the case of the
death, disability or resignation of any member or members of the DRC, the surviving or
remaining member or members shall have full authority to designate a successor or successors.
The DRC shall have the authority in any individual case to make such exceptions to the building
restrictions and requirements set forth herein as said committee shall, in its uncontrolled discretion deem
necessary or advisable.
If additional Properties are made subject to this Declaration, pursuant to the terms hereof, a
separate DRC may be appointed for each annexed phase of the overall development.
If additional properties, subject to their own declaration of covenants, conditions and restrictions
should become members of the Association as set forth under pazagraph 8 herein, the Association may,
where practical, combine the Design Control Committees created by said separate declazations. The
Boazd of Dvectors of the Association shall make the decision whether the DRC should be combined with
respect to any or all of the additional properties having become subject to the Association. In the event
any two or more such DRCs aze combined, each property shall continue to be governed with respect to its
own declazation of covenants, conditions and restrictions. If additional properties, subject to their own
declazation of covenants, conditions and restrictions, become members of the Association, then the
interpretation and policies adopted with respect to those identical conditions and restrictions contained in
the separate declarations of covenants, conditions and restrictions shall be the same: and where any
dispute may occw, the Board of Directors of the Association shall decide on the common interpretation or
policy to be applied. In the event of either combined and/or individual DRCs, the vote for each DRC shall
be restricted to the properties for which said DRC it responsible.
5.2 Approval of Plans. All buildings and structwes, including concrete or masonry walls, rockeries,
fences, swimming pools, or other structures to be constructed or modified within the Property shall be
approved by the DRC. Complete plans and specifications of all proposed buildings, structures and
exterior alterations, together with detailed plans showing the proposed location and elevation of the same
on the particulaz Building 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.
The DRC will review submittals as to the quality of workmanship and materials planned and for
conformity and harmoiry of the external design with existing structures on the said Building Sites, and as
to location of the building with respect to topography, finished grade elevation and building set back
restrictions.
In the event the DRC fails to approve or disapprove such plans and specifications within thirty
(30) days after said plans and specifications have been delivered to it, such approval will not be required.
All plans and specifications for approval by the DRC must be submitted at least ten (10) days prior to the
proposed construction starting date. Two complete sets of said plans and specifications shall, in each case,
be delivered to the DRC. Said plans and specifications shall be prepared by an azchitect or a competent
house-designer approved by the DRC. All buildings or structures shall be erected or constructed by a
contractor or house builder approved in writing by the DRC. The maximum height of any residence may
be established by the DRC as part of the plan approval and given in writing together with the approval.
One set of approved plans shall be retained by the DRC and the other returned to the party submitting
them.
As to all improvements, constructions and aherations within the Property, the DRC shall have the
right to refuse to approve any design, plan or color for such improvement, construction or alteration
which is not suitable or desirable, in the DRC's opinion, for any reason, aesthetic or otherwise, and in so
~ passing upon such design the DRC shall have the right to take into consideration the suitability of the
proposed building or other structure, and the material of which it is to be built, and the exterior color
Crriffin Oaks Neighborhood CC&R's 4-11-01
Page 6
02 24867
~ scheme, the site upon which it is proposed to erect the same, the harmony thereof with the surroundings
and the effect or impairment that said structures will have on the view or outlook of surrounding building
sites, and any and all factors, which in the DRC's opinion shall effect the desirability or suitability of such
proposed structure, improvements or alterations.
The DRC shall have the right to disapprove the design or installation of a swimming pool or any
other recreational structure or equipment which is not suitable or desirable, in the DRC's opinion, for any
reason, aesthetic or otherwise, and in so passing upon such design or proposed installation, the DRC shall
have the right to take into consideration the visual impact of the structure and the noise impact of the
related activities upon all of the properties located in the close proximity. Any enclosure or cover used in
connection with such a recreational structure or equipment, whether temporary, collapsible, andlor
seasonal shall be treated as a permanent structure for the pwposes of these covenants and shall be subject
to all the conditions, restrictions and requirements as set forth herein for all buildings and structures.
5.3 Buildin¢ and Landscaping Requirements and Restrictions. The following building and
landscaping restrictions govern the properly and must be adhered to:
a) Any dwelling or structure erected or placed on any Lot or Building Site shall be completed as to
external appearance, including finished painting, within eight (8) months after date of
commencement of construction and shall be connected to an acceptable sewage disposal facility.
All front yards and landscaping must be completed within six (6) months from the date of
completion of the Building or structure constructed thereon. In the event of undue hardship due to
weather conditions an extension of time may be granted upon prior written approval of the DRC.
b) All buildings shall be designed and constructed as per the City of Central Point TOD Zoning
Code and TOD Design Development Standards.
'-r 1. The house on Lot #6 of the recorded plat for the Griffin Oaks Subdivision was approved and
constructed prior to the Adoption of the City of Central Point TOD Zoning Code and TOD
Design Development Standards. This residence does not meet the City of Central Point TOD
Code and is "grandfathered" into the development.
c) All landscaping for any lot requires written approval from the DSC prior to installation.
d) No building or structure shall be erected, constructed or maintained or permitted upon such
residential lots, except upon a Building Site as herein defined.
e) No building or structure shall be erected, constructed, maintained or permitted upon a Building
Site other than one single family dwelling, for single family occupancy only, not to exceed
building heights as specified in the City of Central Point TOD District Zoning Standards, plus
basement and a private garage for not more than two (3) standard sized automobiles or carport for
not more than one (1) standard sized automobile and one accessory dwelling unit.
f) All fences, or boundary walls situated anywhere upon any residential lot or building site must be
approved in writing by the DRC as to its height and design prior to construction. Fences shall be
well constructed 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 occupants thereof, or detract from the appearance of the dwelling houses located on
the adjacent lots or building sites. The 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 side of any such fence shall be a side wherein its best decorative components, finishes
and textures are displayed, and wherein any supporting rails are either not exposed or are evenly
divided as to exposure between the two fence sides. Fences constructed of wire, including woven
cyclone wire types, are strictly prohibited unless individually approved by the DRC for specific
Purposes.
~ 1. Black vinyl coated chain link fence may be used in rear yards only.
Griffin Oaks Neighborhood CCBcR's 411-01
Page 7
~2 24867
~,. 2. All residents of the City of Central Point who desire fencing on their property must obtain a
fencing permit from the City of Central Point
3. All fencing shall be constructed inside the property line. No fencing shall be constructed on
any property line.
g) No trees or shrubs of any type, other than those existing at the time these restrictive covenants are
filed, shall be allowed to grow in height to a point where they shall noticeably and unreasonably
interfere with a view of some significance from another residence. The DRC shall be the sole
judge in deciding whether the view is of some significance and whether there has been such
unreasonable interference. Should the DRC determine that there is an unreasonable interference,
they shall notify the owner in writing, specifying the nature of the interference, what should be
done to eliminate it, and the time by which said interference must be eliminated by the owner.
h) No lines or wires for the transmission of current, cable television signals, or for telephone use
shall be construed, placed or permitted thereon unless the same shall be underground or in
conduit attached to a building. No house-top television, radio or other type of antenna, or satellite
dish antennae, shall be erected or placed on any residential site without the written approval of
the DRC. Nor shall any rotary antenna, tower, beam or other similar device be constructed on any
residential site or building without the written approval of the DRC.
i) No poles shall be permitted. No front yard flag poles, and no front Yazd or street basketball poles
and/or backboards will be allowed without written approval of the DSC.
j) Outdoor flood lighting, spot lighting are prohibited with out the written consent of the DRC.
Property owner installed and maintained dusk-to-dawn lighting (lights with photovoltaic sensors
that turn on at dusk and remain lighted until sunrise when they automatically shut o~ are
prohibited on residential lots.
'r.,. k) Owners may not remove any trees measuring six inches or more at a point measured two feet
above ground level from any portion of the property/lot without the prior approval the DRC.
1) Owners shall not prune or maintain street trees. Maintenance of the street trees is the
responsibility of the Common and Open Space Maintenance Association.
5.4 Use Restrictions. The following use restrictions govern the property and must be adhered to:
a) No trade, craft, business, profession, commercial or manufacturing enterprise or business or
commercial activity of any kind, including day 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 site without prior written approval of the City of Central Point
according to the TOD District and Corridors Zoning Code, Chapter17.65. No goods, equipment,
vehicles (including buses, trucks and trailers of any description) or materials or supplies used in
connection with any trader service, business or personal endeavor, wherever the same may be
conducted, be kept, parked, stored, dismantled, or repaired outside on any residential lot or
building site or on any street within the existing property except that the DRC may, in specific
cases, make exceptions to the storage of such items if screened and/or covered in a manner
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 the neighborhood.
b) The above restrictions shall not restrict the following:
1. The use of a private office so long as related activities do not create an annoyance or nuisance
to the neighborhood or the adjoining Owners. The DRC shall be the role judge at to whether
the activity creates an annoyance or nuisance.
Griffin Oaks Neighborhood CCBcR's 411-01
Page 8
02 2486"I
`„ 2. The right of any builder of new home in the area to use any of such homes built as a sales
center for the promotion and marketing of said new homes during the Development Period.
Any such sales center may be used for the Development Period of successive phases of
development of neighboring property subject to the approval of the DRC.
c) No trash, garbage, ashes, or other refuse, junk vehicles, underbrush, or other unsightly growths or
objects, shall be thrown, dumped or allowed to accumulate on any Lot or Building Site or public
street. Trash, garbage or other waste shall not be kept except in sanitary containers. All equipment
shall be kept in a clean and sanitary condition. All containers must be buried or screened so as not
to be visible from any street or adjacent properties or residences.
d) No trailer, camper, basement, tent, shack, garage, barn, or other outbuilding or temporary
structure erected or situated within the property shall at any time, be used as a residence
,
temporarily or permanently, nor shall any permanent building or structure be used as a residence
until it is completed as to external appearance including fmished painting. The permission hereby
granted to erect a permanent garage or other building prior to construction of the main dwellin
g
house shalt not be construed to permit the construction, erection, or maintenance of any building
of any nature whatsoever any time, without the approval required by the DRC.
e) The streets in from of the lots shall not be used for the overnight parking of any vehicles other
than private family automobiles and shall not be used for the storing of any boats, trailers, camper
vehicles, trucks or other vehicles of airy nature.
f) Boat, trailer, camper vehicles, trucks, or other vehicles over 6 feet in height (measured from the
bottom of the fire of the trailer) of any natwe shall not be stored permanently on any residential
lot or building site. The DRC shall have the right to establish policy, in its sole discretion, with
respect to the temporary storing of any boat, trailer, camper vehicles, trucks, or other vehicles of
~" any nature on any residential lot or building site. The DRC may change said policy from time to
time as the conditions warrant and may prohibit such storage unless the same is stored or placed
in a garage or other screened area as approved by the DRC.
g) No live poultry or animals shall be permitted on said property other than songbirds, and not more
than two (2) dogs and two (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 DRC.
i) No sign of any kind shall be displayed unless written approval is received from the DRC and
meets the requirements of the City of Central Point TOD Design Development Standards, with
the exc~tion of temporary real estate "for sale" and "for rent" signs. The Declarant and/or
builders of new homes in the area may instal] larger signs during the Development Period for the
promotion and marketing of said new homes. Said signs shalt be in good taste and shall be subject
to the approval of the DRC with respect to design, location, and term of installation.
j) No exterior clothes lines are allowed in the front yard.
k) No building or construction materials to be used for future improvements may 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 materials in connection with the construction of new homes at locations
approved by the DRC and subject to any reasonable conditions the DRC may establish for the
protection, enjoyment, and general welfare of the community.
1) No wood piles, for fireplace or other use, may be stored out of doors where they create, in the
opinion of the DRC, an objectionable view from any street or for adjacent property owners.
m) No children's play areas, including but not limited to sandboxes, swing sets, jungle gym sets, etc.,
may be installed or maintained in a manner such that they are an objectionable feature in the
neighborhood or to adjoining Owners. The DRC will determine whether or not the facility is
~ objectionable.
Griffin Oaks Neighborhood CC&R's 4-11-01
Page 9
~2 2467
~,,, n) No Owner may engage in any obnoxious or offensive activity anywhere upon the Property which
violates the right of any other Owner or resident to his or her right of quiet enjoyment of property.
o) All Owners are required to maintain their Lot and any improvements thereon in a good, clean,
attractive condition, order and repair consistent with a high quality development. The DRC may
establish written standards for maintenance which must be followed by all Owners.
p) Owners must keep all trash cans and other trash receptacles out of public view, within an
enclosed or screened area so as not to be visible from any street or Single Family Lot or Cluster
Housing Lot and, otherwise, in location(s) from time to time specified or approved by the DRC.
Owners are responsible to take all appropriate measures to ensure that their trash does not become
litter anywhere in the Property, and the Association hereby is granted the authority, exercisable at
the option of the DRC, to contract with one or more trash collection companies exclusively to
serve some or all of the portions of the property, and the costs thereof may be assessed equitably
among Owners.
IN WITNESS WHE1tTOF, the authorized signor for Declarant herein, has
hereunto set his hand and seal this/day of~!%~~2pC~,
DECLARANT:
TWIN CREEKS DEVELOPMENT CO., LLC
An Oregon li liability company.
~~
By
Bret A. Moore, Manager
STATE OF OREGON
)SS.
COUNTY OF JACKSON
OFFICIAL SEAL
L. MENDENHALL
NOTARY PUBLIGOREGON
COMMISSION NO. A334798
MY COMMISSION EXPIRES JUL. 05, 2004
'c. -...
The foregoing ins/trument was aclrnowledged before me this day of ,
20 dlrby~Z~ ~~l c~r~ ~. as authorized signor for Twin Creeks Develop nt
Co., LLC
an Oregon limited liability company.
PUBLIC FOR OREGON
7--~D~
Griffin Oaks Neighborhood CC&R's 4-11-01
Page 10
My Commission Expires
v2 2486
~' BY-LAWS
s~a~a~
Griffin Oaks Neighborhood Common and Open Space Maintenance Association
VI. Name, Principal Office, and Definitions
6.1. Name. A name of the Association shall be the Griffm Oaks Neighborhood Common and Open
Space Maintenance Association.
6.2. Principal Uflfice. The principal office of the Association shall be located in Jackson County,
Oregon. The Association may have such other offices, either within or outside the State of Oregon, as the
Board may determine or as the affairs of the Association shall require.
6.3. Definitions. The words used in these By-Laws shall be given their normal, commonly understood
definitions. Capitalized terms shall have the same meaning as set forth in the declaration of Covenants,
Conditions, Restrictions, and Easements for Griffin Oaks Neighborhood filed in the Office of the County
Clerk ("Declaration"), unless the context indicates otherwise.
VII. Association; Membership, Meetings, Quorum, Voting, Proxies
7.1. Membership. The Association shall membership, as more fully set forth in the Declaration, the
terms of which pertaining to membership are incorporated by reference.
7.2. Place of Meetings. Meetings of the Association shall be held at the principal office of the
Association or at such other suitable place convenienrt to the Members as may be designated by the Board
either within the Properties or as convenient thereto as possible and practical.
7.3. Annual Meetings. The first meeting of the Association, whether a regular or special meeting, shall
be held within 5 days after the conveyance of 51 % of the Lots/Properties in the Properties to Retail
Owners, but not later than six months after the first conveyance of a Lot/Property to a Retail Owner.
Meetings shall be of the Voting Members. Subsequent regular annual meetings shall be set by the Board
so as to occur at least 30 days but not more than 120 days before the close of the Association's fiscal year
on a date and time set by the Board.
7.4. Special Meetings. The President may call special meetings. In addition, it shall be the duty of the
President to call special meeting if so directed by resolution of the Board or upon a petition signed by
Voting Members representing at least 10% of the Members of the Association. The Association shall call
special meetings as required by ORS 94,604 and ORS 94.616. If the Board or Declarant fails to call the
meeting, the Temporary Advisory Committee, if any, or any Owner may call the meeting in accordance
with ORS 94.609.
7.5. Notice of Meetings. Written or printed notice stating the place, day, and hour of any meeting of the
Voting Members or Members shall be delivered, either personally or by mail, to each Voting Member or
Member, as the case may be, not less than 10 nor more than 50 days before the date of such meeting, by
or at the direction of the President or the Secretary or the officers or persons calling the meeting.
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~2 24~6~
,~ In the case of a special meeting or when otherwise required by statute or these By-Laws, the purpose or
purposes for which the meeting is called shall be stated in the notice. No business shall be transacted at a
special meeting except as stated in the notice.
If mailed, the notice of a meeting shall be deemed to be delivered when deposited in the United States
mail addressed to the Voting Member at his or her address as it appears on the records of the Association,
with 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 may, in writing, waive notice of any meeting of the
Voting Members, either before or after such meeting. Attendance at a meeting by a Voting Member shall
be deemed waiver by such Voting Member of notice of the time, date, and place thereof, unless such
Voting Member specifically objects to lack of proper notice at the time the meeting is called to order.
Attendance at a special meeting also shall be deemed waiver of notice of all business transacted unless an
objection on the basis of lack of proper notice is raised before the business is put to a vote.
7.7. Adjournment of Meetings. If any meeting of the Association cannot be held because a quorum is
not present, a majority of the Voting Members who are present at such meeting may adjourn the meeting
to a time not less than five nor more than 30 days from the time the original meeting was called. At the
reconvened meeting, if a quorum is present, any business may be transacted which might have been
transacted at the meeting originally called. If a time and place for reconvening the meeting is not fixed by
those in attendance at the original meeting or if for any reason a new date is fixed for reconvening the
meeting after adjournment, notice of time and place for reconvening the meeting shall be given in the
manner prescribed for regular meetings.
`~. The Voting Members present at aduly-called or held meeting at which a quorum is present may continue
to do business until adjournment, notwithstanding the withdrawal of enough to leave less than a quorum,
provided that voting Members representing at least 25% of the Members of the Association remain in
attendance, and provided that any action taken is approved by at least a majority of the votes required to
constitute a quorum.
7.8. Voting. The voting rights of the Members shall be as set forth in the Declaration, and such voting
rights provisions are specifically incorporated by reference. Voting of the Voting Members at a meeting
may be by voice or ballot, except the election of directors which shall be by secret written ballot.
7.9. Proiies. Voting Members may not vote by proxy but only in person or through their designated
alternates; provided, any Voting Member who is only entitled to cast the votes) for his or her own
Lot/Property(s) pursuant to Section 8.4(b) of the Declaration may cast such vote in person or by proxy
until such time as the Board first calls for election of a Voting Member to represent the Neighborhood of
which the Lot/Property is a part. No proxy shall be valid unless it meets the requirement of ORS 94.660
and is signed by the owner or his or her duly authorized attorney-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 be valid
after one year from its date of execution unless otherwise specified in the proxy.
7.10. Majority. As used in these By-Laws, the term "majority" shall mean those votes, owners, or other
group as the context may indicate totaling more than 50% of the total eligible number.
7.11. Qnoram. Except as otherwise provides in-these By-Laws or in the Declaration, the presence of the
Voting Members representing a majority of the total votes in the Association shall constitute a quorum at
~ all meetings of the Association.
Grithn Oaks Neighborhood CC&R's 4-11-01
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U2 24~6~
\o+ 7.12. Conduct of Meetings. The President shall preside over all meetings of the Association, and the
Secretary shall keep the minutes of the meeting and record in a minute book all resolutions adopted at the
meeting, as well as a record of all transactions occurring at the meeting.
7.13. Action without a Meeting. Any action required or permitted by law to be taken at a meeting of the
Voting Members may be taken without a meeting by written ballots as provided in ORS 65.222. Such
ballots shall be filed with the minutes of the Association, and shall have the same force and effect as a
vote of the Voting Members at a meeting.
VIII. Board of Directors; Number, Powers, Meetings
A. Composition and Selection.
8.1. Governing Body; Composition. The affairs of the Association shall be governed by a Board, each
of whom shall have one equal vote. Except with respect to directors (a) appointed by the Declarant
during the Development Period pursuant to Section 3.3, (b) elected by the Declarant after the expiration
of the Development Period or (c) elected by the votes held by Declarant pursuant to Section 3.3 (b) of the
Declaration, the directors shall be Members or spouses of such Members; provided, however, no person
and his or her spouse may serve on the Board at the same time. In the case of a Member which is not a
natural person, any officer, director, partner or trust officer of such Member shall be eligible to serve as a
director unless otherwise specified by written notice to the Association signed by such Member. No
Member may have more than one such representative on the Board at a time, except in the case of
dvectors (a) appointed by the Declarant during the Development Period pursuant to Section 3.3, (b)
elected by the Declarant after the expiration of the Development Period or (c) elected by the votes held by
Declarant pursuant to Section 3.3 (b) of the Declaration.
8.2 Number of Directors. The number of directors in the Association shall be not less than three nor
more than seven. The initial Board shall consist of three directors.
8.3. Directors During Development Period. Subject to the provisions of Section 3.5, three directors
shall be appointed by the Declarant acting in its sole discretion and shall serve at the pleasure of the
Declarant until the first to occur of the following:
(a) When 75% of the Maximum Lots/Properties have been conveyed to Retail Owners; or
(b) When, in its discretion, the Declarant so determines.
8.4. Nomination of Directors. Except with respect to directors selected by the Declarant, or the
Declarant, as the case may be, pursuant to Section 3.1, nominations for election to the Board shall be
made by a Nominating Committee. The Nominating Committee shall consist of a Chairman, who shall
be a member of the Board, and three or more Members or representatives of Members, with at least one
representative from each Voting Group. The Nominating Committee shall be appointed by the Board not
less than 30 days prior to each annual meeting of the Voting Members to serve a term of one year or until
their successors are appointed, and such appointment shall be announced at each such annual meeting.
The Nominating Committee shall make as many nominations for election to the Board as it shall in its
discretion determine, but in no event less than the number of positions to be filled from each slate as
Griffin Oaks Neighborhood CC&R's 4-11-01
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+~2 2486
'~, provided in Section 3.5. The Nominating Committee shall nominate separate slates for the directors, if
any, to be elected at lazge by all Voting Members, and for the director(s) to be elected by the Voting
Group. Nominations for each slate shall also be permitted from the floor. All candidates shall have a
reasonable opportunity to communicate their qualifications to the Voting Members and to solicit votes.
8.5. Election and Term of Oflace. Notwithstanding any other provision of these By-Laws:
(a) Within one year after the fast Lot/Property 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 who shall be an at-large duector. The remaining two directors
shall be appointees of the Declarant. The duector elected by the Voting Members shall not be
subject to removal by the Declarant and shall be elected for a term of two years or until the
happening of the event described in subsection (b) below, whichever is shorter. If such directors
term expires prior to the happening of the event described in subsection (b) below, a successor
shall be elected for a like term.
(b) Within 30 days after the time that Retail Owners own 50% of the Maximum Lots/Properties,
or whenever the Declazant eazlier determines, the Boazd shall be increased to five directors. The
President shall call a special meeting at which Voting Members, other than the Declarant, shall be
entitled to elect two of the five directors, who shall serve as at-large directors. The remaining
three directors shall be appointees of the Declarant. The directors elected by the Voting Members
shall not be subject to removal by the Declazant and shall be elected for a term of two years or
until the happening of the event described in subsection (c) below, whichever is shorter. If such
directors' terms expire prior to the happening of the event described in subsection (c) below,
successors shall be elected fora 1~7ce term.
`r
(c) Within 120 days after the termination of the Declarant, the Board shall be increased to seven
directors. The President shall call a meeting at which all directors shall be elected as follows:
Subject to subsection (d) below, one director shall be elected by Voting Members; any remaining
directorships filled at lazge by the vote of all Voting Members. The majority of the directors shall
be elected for terms of two years. The minority of the directors shall be elected for terms of one
year. Each term to expire at the next annual meeting after the two-yeaz or one-year period as
applicable. Successor directors shall be elected (or appointed as the case may be pursuant to
subsection (d) below) at annual meetings to serve for two year terms.
Each Voting Member shall be entitled to cast all votes attributable to the Lots/Properties in the
Neighborhood with respect to each vacancy to be filled from each slate on which such Voting
Member is entitled to vote. The candidate(s) receiving the most votes shall be elected. For the
first election held pursuant to this subsection, of a majority of the elected candidates, those
receiving the most votes shall serve for two years. The remaining elected candidates shall serve
for one year. The directors elected by the Voting Members shall hold office until their respective
successors have been elected. Directors may be elected to serve any number of consecutive
terms.
(d) After the Declarant membership terminates, the Declarant shall have the right to
appoint or elect at least 20% of the Boazd Members as long as the Declarant has the power to
annex property pursuant to Article IX of the Declaration.
8.6. Removal of Directors and Vacancies. Any director elected by the voting Members may be
removed, with or without cause, by the vote of Voting Members holding a majority of the votes entitled
to be cast for the election of such director. Any director whose removal is sought shall be given notice
Gri$~in Oaks Neighborhood CCBcR's 4-11-01
Page 14
uz z4ss~
~ prior to any, meeting called and noticed for that purpose. A director who was elected at large solely by
the votes of Voting Members (other than the Declarant), may be removed from office prior to the
expiration of his or her term only by the votes of Voting Members representing a majority of the
Members (other than the Declarant). The Declarant may remove any director, with or without cause, who
was appointed or elected to the Board by the Declarant. Upon removal of a director, a successor shall be
elected by the Voting Members entitled to elect the director so removed to fill the vacancy for the
remainder of the term of such director.
Acry director elected by the Voting Members who has three consecutive unexcused absences from Board
meetings, or who is more than 30 days delinquent in the payment of any assessment or other charge due
the Association, may be removed by a majority of the directors present at a regular meeting at which a
quorum is present, and a successor may be appointed by the Board to fill the vacancy for the remainder of
the term.
In the event of the death, disability, or resignation of a director, the Board may declare a vacancy and
appoint a successor to fill the vacancy until the next annual meeting, at which time the Voting Members
entitled to fill such directorship may elect a successor for the remainder of the term. Any director
appointed by the Board shall be selected from among Members within the Voting Group represented by
the director who vacated the position.
B. Meetings.
8.7. Organizational Meetings. The first meeting of the Board following each annual meeting of the
membership shall be held within 10 days thereafter at such time and place the Board shall fix.
8.8. Regular Meetings. Regular meetings of the Board may be held at such time and place as a majority
of the directors shall determine, but tit least four such meetings shall be held during each fiscal year with
at least one per quarter. Notice of the time and place of the meeting shall be posted in a prominent place
within the Properties and communicated to directors not less than four days prior to the meeting;
provided, however, notice of a meeting need not be given to any director who has signed a waiver of
notice or a written consent to holding of the meeting.
8.9. Special Meetings. Special meetings of the Board shall be held when called by written notice signed
by the President or by any two directors. The notice shall specify the time and place of the meeting and
the nature of arty special business to be considered. The notice shall be given to each director by: (a)
personal delivery; (b) first class mail, postage prepaid; (c) telephone facsimile communication, either
directly to the director or to a person at the director's 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 director's telephone number or sent to the director's address as shown on the records
of the Association. Notices of special meetings of the Board shall be posted in a prominent place within
the Properties. Notices sent by first class mail shall be deposited into a United States mailbox at least
four business days before the time set for the meeting. Notices given by personal delivery, telephone, or
telegraph shall be delivered, telephoned, or given to the telegraph company at least 72 hours before the
time set for the meeting.
8.10. Waiver of Notice. The transactions of any meeting of the Board, however called and noticed or
wherever held, shall be as valid as though taken at a meeting duly held after regular call and notice if (a) a
quorum is present, and (b) either before or after the meeting each of the directors not present signs a
written waiver of notice, a consent to holding the meeting, or an approval of the minutes. The waiver of
~ notice or consent need not specify the purpose of the meeting. Notice of a meeting also shall be deemed
Griffin Oaks Neighborhood CC&R's 4-11-01
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02 24867
~ given to any director who attends the meeting without protesting before or at its commencement about the
lack of adequate notice,
8.11. Quorum of Board of Directors. At all meetings of the Board, a majority of the directors shall
constitute a quorum for the transaction of business, and the votes of a majority of the directors present at a
meeting at which ,a quorum is present shall constitute the decision of the Board, unless otherwise
specifically provided in these By-Laws or the Declaration. A meeting at which a quorum is initially
present may continue to transact business, notwithstanding the withdrawal of directors, if any action taken
is approved by at least a majority of the required quorum for that meeting. If any meeting of the Board
cannot be held because a quorum is not present, a majority of the directors present at such meeting may
adjourn the meeting to a time not less than five nor more than 30 days from the date of the original
meeting. At the reconvened meeting, if a quorum is present, any business which might have been
transacted at the meeting originally called may be transacted without further notice.
8.12. Compensation. No director shalt receive any compensation from the Association for acting as
such unless approved by Voting Members representing a majority of the total votes in the Association,
other than the Declarant, at a regular or special meeting of the Association. Any director may be
reimbursed for expenses incurred on behalf of the Association upon approval of a majority of the other
directors. Nothing herein shall prohibit the Association from compensating a director, or any entity with
which a director is affiliated, for services or supplies furnished to the Association in a capacity other than
as a director pursuant to a contract or agreement with the Association, provided that such director's
interest was made known to the Board prior to entering into such contract and such contract was approved
by a majority of the Board, excluding the interested director.
8.13. Conduct of Meetings. The President shall preside over all meetings of the Board, and the
~'' Secretary shall keep a minute book of meetings of the Board, recording all resolutions adopted by the
Board and all transactions and proceedings occurring at such meetings.
8.14. Open Meetings. Subject to the provisions of Section 3.15, all meetings of the Board shall be open
to all Voting Members, but a Voting Member other than directors may not participate in any discussion or
deliberation unless permission to speak is requested on his or her behalf by a director. In such case, the
President may limit the time any Voting Member may speak. Notwithstanding the above, the President
may adjourn any meeting of the Board and reconvene in executive session, excluding Voting Members, to
discuss matters of a sensitive nature, such as pending or threatened litigation, personnel matters, etc.
8.15. Action Without a Format Meeting. Any action to be taken at a mceting of the directors or any
action that may be taken at a meeting of the directors may be taken without a meeting if a consent in
writing, setting forth the action so taken, shall be signed by all of the directors, and such consent shall
have the same force and effect as a unanimous vote. Written consent or consents shall be filed with the
minutes of the proceedings of the board. An explanation of the action to be taken or actually taken by the
Board shall be given to the Members of the Association within three days after all written consents have
been obtained. The explanation shall be given in the same manner as provided in the By-Laws for the
giving of notice of regular meetings of the Board. Failure to give notice shall not render the action to be
taken or actually taken invalid.
C. Powers and Duties
8.16. Powers. The Board shall have all of the powers and duties necessary for the administration of the
Association's affairs and for performing all responsibilities and exercising all rights of the Association as
set forth in the Declaration, these By-Laws, the Articles, and as provided by law. The Board may do or
Griffin Oaks Neighborhood CCBtR's 4-11-01
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02 24867
~ cause to be done all acts and things as are by the Declaration, Articles, these By-Laws, or Oregon law
directed to be done and exercised exclusively by the Voting Members or the membership generally.
8.17. Duties. The Duties of the Board shall include, without limitation:
(a) Preparation and adoption of annual budgets and establishing each Owner's shaze of the
Common Expenses and Neighborhood Expenses;
(b) Levying and collecting assessments from the Owners to fund the Common Expenses and
Neighborhood Expenses;
(c) Providing for the operation, care, upkeep, and maintenance of the Area of Common and Open
Space Areas, (see Exhibit A: Gruen Oaks Neighborhood Common and Open space Areas) which
includes the following:
l . Paying for all utility costs incurred for the required operation of Common and Open
Space infrastructure and temporary or permanent equipment used therin;
A. Except for street lighting which shall be maintained and serviced by the City of
Central Point.
2. Neighborhood leaf pickup. The Association shall remove leaves and natural detritus
from back edge of sidewalk (house side) to the road. Property owners are responsible for
the collection and removal of leaves and detritus on their own property from the edge of
the sidewalk closest to the residence;
3. Street tree and park strip maintenance. The Association shall maintain the trees and grass
occurring between the sidewalk and the curb of every street. This includes but is not
limited to pruning, spraying, planting, removal, mowing, fertilizing and other
~- maintenance activities.
(d) Designating, hiring, and dismissing the personnel necessary to carry out the rights and
responsibilities of the Association and where appropriate, providing for the compensation of such
personnel and for the pwchase of equipment, supplies, and materials to be used by such personnel
in the performance of their duties;
(e) Depositing all funds received on behalf of the Association in a bank depository which it shall
approve, and using such fiends to operate the Association; provided, any reserve fund may be
deposited, in the directors' best business judgment, in depositories other than banks;
(fj Making and amending rules and regulations;
(g) Opening of bank accounts on behalf of the Association and designating the signatories
required;
(h) Making or contracting for the making of repairs, additions, and improvements to or aherations
of the Common and Open Space Area in accordance with the Declaration and these By-Laws;
(i) Enforcing by legal means the provisions of the Declaration, these By-Laws, and the rules
adopted by it and bringing any proceedings which may be instituted on behalf of or against the
Owners concerning the Association;
(j) Obtaining and carrying property and liability insurance and fidelity bonds, as provided in the
Declazation, paying the cost thereof, and filing and adjusting claims, as appropriate;
`~~.
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(k) Paying the cost of all services rendered to the Association or its Members and not chargeable
directly to specific Owners;
(1) Keeping books with detailed accounts of the receipts and expenditures of the Association;
(m) Making available to any prospective purchaser of a Lot/Property, any Owner, and the
holders, insurers, and guarantors of any Mortgage on any Lot/Property, current copies of the
Declazation, the Articles of Incorporation, the By-Laws, rules and all other books, records, and
financial statements of the Association;
(n) Permitting utility suppliers to use portions of the Common Area reasonably necessary to the
ongoing development or operation of the properties;
(o) Indemnifying a dvector, officer or committee member, or former director, officer or
committee member of the Association to the extent such indemnity is allowed by Oregon law, the
Articles of Incorporation and the Declaration; and
(p) Assisting in the resolution of disputes between owners and others without litigation, as set
forth in the Declaration.
8.18. Right of Declarant to Disapprove Actions. Unti175% of the Maximum Lots/Properties are
owned by Retail Owners, the Declarant shall have a right to disapprove any action, policy or programs of
the Association, the Board and any committee which, in the judgment of the Declarant, would tend to
impair rights of the Declarant or Builders ands the Declaration or these By Laws, or interfere with
development, construction of any portion of the Properties, or diminish the level of services being
provided by the Association.
No such action, policy or program shall become effective or be implemented until and unless:
(a) The Declazant shall have been given written notice of all meetings and proposed actions
approved at meetings of the Association, the Board or any committee thereof by certified mail,
return receipt requested, or by personal delivery at the address it has registered with the Secretary
of the Association, as it may change from time to time, which notice complies, as to the Board
meetings, with Section 3.8, 3.9, and 3.10 of these By-Laws and which notice shall, except in the
case of the regular meetings held pursuant to the By-Laws, set forth in reasonable particularity the
agenda to be followed at said meeting; and
(b) The Declarant shall be given the opportunity at any such meeting to join in or to have its
representatives or agents join in discussion from the floor of any prospective action, policy, or
program which would be subject to the right of disapproval set forth herein. The Declarant, its
representatives or agents shall make its concerns, thoughts, and suggestions known to the Board
and/or the members of the subject committee. The Declarant shall have and is hereby granted a
right to disapprove any such action, policy, or program authorized by the Association, the Board
or any committee thereof, if Board, committee, or Association approval is necessary for such
action. This right may be exercised by the Declarant, its successors, assigns, representatives, or
agents at any time within 10 days following the meeting held pursuant to the terms and provisions
hereof. This right 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 shall 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 expenditwe
required to comply with applicable laws and regulations.
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~ (c) This Section may not be amended without the express written consent of the Declarant until
75% of the Maximum Lots/Properties have been conveyed to Retail Owners.
8.19. Management. The Board may employ for the Association a professional management agent or
agents at such compensation as the Board may establish, to perform such duties and services as the Board
shall authorize. The Board may delegate such powers as are necessary to perform the manager's assigned
duties, but shall not delegate policy making authority or those duties set forth in Sections 8.17(a) and
3.17(1). The Declarant, or an affiliate of the Declarant, may be employed as managing agent or manager.
The Board may delegate to one of its members the authority to act on behalf of the Board on all matters
relating to the duties of the managing agent or manager, if any, which might arise between meetings of
the Board.
The Association shall not be bound, either directly or indirectly, by any management contract executed
during the Development Period unless such contract contains a right of termination exercisable by the
Association, with or without cause and without penahy, at any time after termination of the Development
Period upon not more than 30 days written notice.
8.20. Accounts and Report9. The following management standards of performance shall be followed
unless the Board by resolution specifically determines otherwise:
(a) Accrual accounting, as defined by generally accepted accounting principles, shall be
employed;
(b) Accounting and controls should conform to generally accepted accounting principles;
(c) Cash accounts of the Association shall not be commingled with any other accounts;
(d) No remuneration shall be accepted by the managing agent from vendors, independent
contractors, or others providing goods or services to the Association, whether in the form of
commissions, finder's fees, service foes, prizes, gifts, or otherwise; any thing of value received
shall benefit the Association;
(e) Any financial or other interest which the managing agent may have in any firm providing
goods or services to the Association shall be disclosed promptly to the Board;
(f) The following financial and related information shall be regularly prepared and distributed by
the Board to all Members of the Association:
1. The Board shall cause a "Capital Budget" and a "Common Expense'
Budget" (collectively referred to as the 'Budget") for the Association, (which includes
the budget for each of the Neighborhoods, if any), to be prepared for each fiscal year
of the Association, a copy of which shall be distributed to each Member of the
Association not less than 45 nor more than 60 days before the beginning of the fiscal
year to which the Budget relates. A copy of the Budget shall be distributed personally
or by mail or other manner reasonably designed to provide delivery to each of the
Members of the Association. The Budget shall include the following information:
A. The estimated revenue and expenses of the Association on an accrual basis for the
forthcoming fiscal year;
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B. The amount of the total cash reserves of the Association currently available for the
replacement or major repair of the Area of Common Responsibility and for
contingencies;
C. An estimate of the current replacement costs of the estimated remaining useful life
of, and the methods of funding to defiray future repair, replacement or additions to,
those major components of the Area of Common Responsibility; and
D. A general statement setting forth the procedures used by the Board in the calculation
and establishment of reserves to defray the future repair, replacement or additions to
major components of the Area of Common Responsibility.
E.A discloswe statement that the Declaranrt or a Builder is contributing "in kind"
services or material pursuant to a contract with the Association, if any, and that their
assessment obligation may be reduced or abated by the amount of the agreed value of
such services or materials; and
F.A discloswe statement that a subsidy contract exists between the Declarant and the
Association, if that is the case.
The budget shall become effective unless disapproved at a meeting of the Voting Members representing
at least a majority of the Members of the Association. There shall be no obligation to call a meeting for
the purpose of considering the Budget except on petition 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 the event the proposed budget is disapproved or the Board fails
for any reason to determine the Budget for any year, then and until such time as a budget shall have been
determined as provided herein, the budget in effect for the immediately preceding year shall continue for
the current year.
The portions of the budget relating to particular Neighborhoods shall become effective unless
disapproved by a majority of the Owners of Lots/Properties in the Neighborhood for which the
Neighborhood budget applies. There shall be no obligation to call a meeting for the purpose of
considering the Neighborhood budget except on petition of Owners of at least 10% of the Lots/Properties
in such Neighborhood; and provided, further, the right to disapprove shall only apply to those line items
in the Neighborhood budget which are attributable to services requested by the Neighborhood. In the
event portions of the proposed budget relating to any Neighborhood are disapproved or the Board fails for
any reason to determine the Neighborhood budget for any year, then and until such time as such budget
shall have been determined as provided herein, the Neighborhood budget in effect for the immediately
preceding year shall continue for the current year.
In lieu of distributing the budget as specified in the above paragraphs of this Section 8.20, the Board may
elect to distribute a summary of the budget ("Summary") to all its Members with a written notice that the
budget is available at the business office of the Association or at another suitable location within the
boundaries of the Properties and that copies will be provided upon request at the expense of the
Association. If any Member requests a copy of the budget, the Association shall provide such copy to the
Member by first-class United States mail or deliver such copy within five days of such request. The
written notice that is distributed to each of the Members shall be in at least 10 point bold type on the front
page of the Summary.
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,`, 2. The Board shall cause an annual report ("Financial Statement") to be prepared in
accordance with generally accepted accounting principles to be distributed to each Member
of the Association within 120 days after close of the Association's fiscal yeaz. A copy of the
Financial Statement shall be distributed personally or by mail or other manner reasonably
designed to provide delivery to each of the Members of the Association, and shall consist of
A A balance sheet as of the end of the fiscal year;
B. An income and expense statement for the fiscal year (This operating statement shall
include a schedule of assessments received and receivables identified by the numbers
of the Lots/Properties and the name(s) of the Owners assessed.); and
C. A statement of changes in fmancial position for the fiscal year.
The Financial Statement shall be prepared by an independent accountant for any fiscal year in which the
gross income to the association exceeds $35,000.00. If the Financial Statement is not prepared by an
independent accountant, it shall be accompanied by the certificate of an authorized officer of the
Association that the statements were prepared without independent audit or review of the books and
records of the Association.
3. The Board shall do the following not less frequently than quarterly:
A. Cause a current reconciliation of the Association's operating accounts to be made
and review the same;I
B. Cause a current reconciliation of the Association's reserve accounts to be made and
review the same;
C. Review the current year's actual reserve revenues and expenses compared to the
current year's Budget;
D. Review the most current account statements prepared by the financial institution
where the Association has its operating and reserve accounts;
E. Review an income and expense statement for the Association's operating and reserve
accounts; and
F.Review the delinquency report listing all owners who aze delinquent in paying any
assessments at the time of the report and descn'bing the status of any action to collect
such assessments which remain delinquent. (Any assessment or installment thereof
shall be considered to be delinquent on the 15th day following the due date unless
otherwise determined by the Board.)
4. A statement of the Association's policies and practices in enforcing its
remedies against Members for default in the payment of assessments, including the
recording and foreclosing of liens against I..ots/Properties, shall be distributed to Members of
the Association within 60 days before the beginning of each fiscal year.
8.21. Borrowing. The association shall have the power to borrow money for the purpose of
maintenance, repair or restoration of the Area of Common Responsibility without the approval of the
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~, Voting Members. The Board shall also have the power to borrow money for other purposes; provided,
that the proposed borrowing is for the purpose of modifying, improving, or adding
amenities to the Area of Common Responsibility. Such borrowing shall be in accordance with j
Section 8.24(a). During the Development Period, no Mortgage lien shall be placed on any
portion of the Common Area without the affu7native vote or written consent of Voting Members
representing at least a majority of the Members other than the Declarant.
8.22. Rights of the Association. The Association shall have the right to contract with any Person for the
performance of various duties and functions. This right shall include, without limitation, the right to enter
into common management, operational, or other agreements with trusts, condominiums, cooperatives, or
Neighborhood and other owners or residents associations, both within and outside the Properties. Such
agreements shall require the consent of a majority of the total number of directors of the Association.
8.23. Enforcement. In addition to such other rights as are specifically granted under the Declaration, the
Board shall have the power to impose reasonable fines. A fine, other than a penalty for nonpayment of
assessments, shall constitute a lien upon the Lot/Properly of the violating Owner pursuant to Section 10.6
of the Declaration. The Board shall also have the power to suspend an Owner's right to vote or any
person's right to use the Common Area for violation of any duty imposed under the Declaration, these By-
Laws, or any rules and regulations duty adopted hereunder; provided, however, nothing herein shall
authorize the Board to limit ingress and egress to or from a I.ot/Property or to suspced an Owner's right to
vote due to nonpayment of assessments. In the event that any occupant, guest or invitee of a Lot/Property
violates the Declaration, By-haws, or a rule and a fine is imposed, the fine shall first be assessed against
the occupant; provided, however, if the fine is not paid by the occupant within the time period set by the
Board, the Owner shalt pay the fine upon notice from the Association. The failure of the Board to enforce
any provision of the Declaration, By-Laws, or any rule shall not be deemed a waiver of the right of the
Board to do so thereafter.
(a) Notice. Prior to imposition of any sanction hereunder or under the Declaration, the Board or its
delegate shall serve the alleged violator written notice stating (i) the violation, (ii) the proposed
sanction to be imposed, (iii) a period of not less than 15 days within which the alleged violator tray
present a written request for a hearing to the Board or the Covenants Committee, if any, appointed
pursuant to Article X; and (iv) a statement that the proposed sanction shall be imposed as
contained in the notice unless a challenge is begun within 15 days of the notice. If a timely
challenge is not made, the sanction stated in the notice shall be imposed; provided the Board or the
Covenants Committee may, but shall not be obligated to, suspend any proposed sanction if the
violation is cured within the I S day period. Such suspension shall not constitute a waiver of the
right to sanction future violations of the same or other provisions and rules by any Person.
(b) Hearing. If a hearing is requested within the allotted 10 day period, the hearing shall be held
before the Covenants Committee, if any, or if none, before the Board in executive session. The
alleged violator shall be afforded a reasonable opportunity to be heard.
Prior to the effectiveness of any sanction hereunder, proof of proper notice shall be placed in the minutes
of the meeting. Such proof shall be deemed adequate if a copy of the notice, together with a statement of
the date and manner of delivery, is entered by the officer, director, or agent who delivered such notice.
The notice requirement shall be deemed satisfied if the alleged violator appears at the meeting. The
minutes, of the meeting shall contain a written statement of the results of the hearing and the sanction, if
any, imposed
(c) Appeal. Following a hearing before the Covenants Committee, the violator shall have the right
to appeal the decision to the Board. To perfect his right, a written notice of appeal must be
Griffin Oaks Neighborhood CC&R's 4-11-01
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02 24867
~, received by the manager, President, or Secretary of the Association within 10 days after the
hearing date.
(d) Additional Enforcement Rights. Notwithstanding anything to the contrary in this Article, the
Board may elect to enforce any provision of the Declaration, these By-Laws, or the rules of the
Association by self-help (specifically including but not limited to, the towing of vehicles that are
in violation of parking rules and regulation however, only in accordance with any applicable
ordinances(s) of the City of Central Point, or County of Jackson, if applicable) or, following
compliance with the procedures set forth in Article XVII of the Declaration, by suit at law or in
equity to enjoin any violation or to recover monetary damages or both without the necessity of
compliance with the procedure set forth above. In any such action, to the maximum extent
permissible, the Owner or occupant responsible for the violation of which abatement is sought
shall pay all costs, including reasonable attorney's fees actually incurred.
8.24. Prohibited Acts. The Board shall not take any of the following actions except with the written
consent or vote of the Voting Members representing at least a majority of the Members other than the
Declarant:
(a) To incur aggregate expenditures for capital improvements to the Area of Common
Responsibility in any fiscal year in excess of 5% of the budgeted Common Expenses of the
Association for that fiscal year;
(b) To sell during any fiscal year property of the Association having an aggregate fair market
value greater than 5% of the budgeted Common Expenses of the Association for that fiscal year; i
(c) To pay compensation to directors or officers of the Association for services performed in the
conduct of the Association's business; provided, however, the Board may cause a director or
officer to be reimbursed for expenses incurred in carrying on the business of the Association;
(d) No contract with the Association negotiated by Declarant shall exceed a term ofone year
except as may otherwise be provided in paragraph (d) of this Section, and allcontracts entered
into prior to the turnover meeting provided for in ORS 94.609 are subject to the requirements of
ORS 94.500.
IX. Officers
9.1. Officers. The officers of the Association shall be a President, a Secretary and a Treasurer. The
President, Secretary and Treasurer shall be elected from among the members of the Board; other officers
may, but need not be members of the Board. The Board may appoint such other officers, including one or
more Assistant Secretaries and one or more Assistant Treasurers, as it shall deem desirable, such officers
to have the authority and perform the duties prescribed by the Board. Any two or more offices may be
held by the same person, except the offices of President and Secretary.
9.2. Election and Term of Office. The officers of the Association shall be elected annually by the
Board at the first meeting of the Board following each annual meeting of the Voting Members, as set
forth in Article 11.
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Ql2 2 4 86'~
~, 9.3. Removal and Vacancies. Any officer may be removed by the Board whenever in its judgment the
best interests of the Association will be served thereby. A vacancy in any office arising because of death,
resignation, removal, or otherwise may be filled by the Board for the un-expired portion of the term.
9.4. Powers and Duties. The officers of the Association shall each have such powers and duties as
generally pertain to their respective offices, as well as such powers and duties as may specifically be
conferred or imposed by the Board. The President shall be the chief executive officer of the Association.
The Treasurer shall have primary responsibility for the preparation of the budget as provided for in the
Declaration and may delegate all or part of the preparation and notification duties to a fmance committee,
management agent, or both.
9.5. Resignation. Any officer may resign at any time by giving written notice to the Board, the
Presidenrt, or the Secretary. Such resignation shall take effect on the date of the receipt of such notice or
at any later time specified therein, and unless otherwise specified therein, the acceptance of such
resignation shall not be necessary to make it effective.
9.6. Agreements, Contracts, Deeds, Leases, Checl~s, Etc. All agreements, contracts, deeds, leases,
checks, and other instruments of the Association (other than for the withdrawal of reserve funds) shall be
executed by at least two officers or by such other person or persons as may be designated by resolution of
the Board. The Board shall require signatures for the withdrawal of reserve funds of either two members
of the Board or a member of the Board and officer of the Association who is not also a member of the
Board. For purposes of this section, "reserve funds" means movies the Board has identified in the Budget
for use to defray the future repair or replacement of, or additions, to those major comparants which the
Association is obligated to maintain.
9.7. Compensation. Compensation of officers shall be subject to the same limitations as compensation
of directors under Section 3.12 hereof.
X. Committees
10.1. General. The Board may appoint such committees as it deems appropriate to perform such tasks
and to serve for such periods as the Board may designate by resolution. Each committee
shall operate in accordance with the terms of such resolution.
10.2. Transitional Advisory Committee. In addition to any other committees appointed as provided
above, the Board shall establish pursuant to ORS 94.604, a Transitional Advisory Committee when more
than 50% of the Maximum I.ots/Properties are owned by Retail Owners and Declarant membership has
not yet terminated.
XI. Miscellaneous
11.1. TH"iscal Year. The fiscal year of the Association shall be set by resolution of the Board. In the
absence of a resolution, the fiscal year shall be the calendar year.
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~ 11.2. Parliamentary Rules. Except as may be modified by Board 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 Incorporation, the Declaration, or these By-Laws.
11.3. Conflicts. If there are conflicts between the provisions of Oregon law, the Articles of
Incorporation, the Declaration, and these By-Laws, the provisions of Oregon law, the Declaration, the
Articles of incorporation, and the By-Laws (in that order) shall prevail.
11.4. Notices. Unless otherwise provided in these By-Laws, all notices, demands, bills, statements, or
other communications under these By-Laws shall be in writing and shall be deemed to have been duly
given if delivered personally or if serrt by United States mail, first class postage prepaid:
(a) If to a Member or Voting Member, at the address which the Member or Voting Member has
designated in writing and filed with the Secretary or, if no such address has been designated, at
the address of the Lot/Property of such Member or Voting Member; or
(b) If to the Association, the Board, or the managing agent, at the principal office of the
Association or the managing agent, if any, or at such other address as shall be designated by
notice in writing to the Members pursuant to this Section.
11.5. Amendment.
(a) By Declarant Member. Prior to the conveyance of the first Lot/Property to a Retail Owner,
Declarant may unilaterally amend these By-Laws. After the conveyance of any Lot/Property to a
Retail Owner, the Declarant may unilaterally amend these By-Laws at any time if such
'fir amendment is
(i) Necessary to bring any provision hereof into compliance with any applicable
governmental statutes, rule or regulation, or judicial determination;
(ii) Necessary to enable any reputable title insurance company to issue title
insurance coverage on the Lots/Properties;
(iii) Required by an institutional or govennmental 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 purchase mortgage loans on the Lots/Properties; or
(iv) Otherwise necessary to satisfy the requirements of any governmental agency
for approval of these By-Laws. However, any such amendment shall not
adversely affect the title to any Lot/Properly unless the affected Owner shall
consent thereto in writing and such amendment is approved by the Commissioner
if applicable. The Commissioner's approval is required if the amendment
constitutes a material change and aLot/Property has been conveyed pursuant to a
Permit.
(b) By Members Generally. Except as provided above, and prior to conversion of
Declarant membership to Retail membership, these By-Laws may be amended only by the
affirmative vote or written consent, or any combination thereof, of Voting Members representing
51 % of all Members. After conversion of the Declarant membership to Retail membership, these
~ By-Laws may be amended by the vote or written consent of the Voting Members representing at
least: (a) 75% of the Members; and (b) 75% of the Members other than the Declarant.
Griffin Oaks Neighborhood CC&R's 4-11-01
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02 2486'
~..
In addition, the approval requirements set forth in Article XIV of the Declaration shall
be met, if applicable. Notwithstanding the above, the percentage of votes necessary to amend
a specific clause shall not be less than the prescribed percentage of affirmative votes required
for action to be taken under that clause.
(c) Validity and Effective Date of Amendments. Amendments to these By-Laws
shall become effective upon recordation in the Office Of the County Clerk unless a later
effective date is specified therein. Any procedural challenge to an amendment must be made
within six months of its recordation or such amendment shall be presumed to have been
validly adopted. In no event shall a change of conditions or circumstances operate to amend
any provisions of these By-Laws.
If an Owner consents to any amendment to the Declaration or these By-Laws, it will
be conclusively presumed that such Owner has the authority so to consent and no contrary
provision in any Mortgage or coirtract between the Owner and a third party will affect the
validity of such amendment.
No amendment may remove, revoke, or modify any right or privilege of Declarant without the written
consent of Declarant or the assignee of such right or privilege.
CERTIFICATION
`' I, the undersigned, do hereby certify:
That I am the acting Secretary of the Association. That the foregoing By-Laws constitute the original By-
Laws of said Association, to be adopted at a meeting of the Board thereof held on the
f ~ day of (month) yp , (year) a~
~'L'~ ~~-
IN WITNESS WHEREOF, I have hereunto subscrbed my name and affixed the seal of said Association
this day of (month) (year) v20t3a? .
OFFICIAL SEAL
ACTING SECRETARY:~~ L. MENDENHALL
NOTARY PUBLIC-0REGON
~~ COMMISSION NO. A334798
MY COMMISSION EXPIRES JUL. 05, 2004
Acting Secretary of the Association
State of Oregon }
} ss.
County of Jackson }
Griffin Oaks Neighborhood CC&R's 4-I l-O1
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U~ 24861
NOT PUBLIC FOR OREGON
My Commission Expires ~ ~~~~
1n-'
On this.. da of (month (year) Z4J~ 2 ,personally appeared before me
the above-named ~- ,who being duly sworn, states he is a member of Twin
Creeks Development Co., LLC., an Oregon limited liability company, the Declarant, and acknowledged
that the foregoing instrument was signed and sealed on behalf of the Griffin Oaks Neighborhood
Common and Open Space Maintenance Association, an Oregon not for profit corporation, as the acting
secretary, and further acknowledged said instrumenrt to be the voluntary act and deed of the not for profit
corporation.
JACKSON COUNTY TITLE DIVISION has recorded this
instrument by request as an accommodation only,
and has not examined it for regularity and sufficiency
or as to its effect upon the title to any real property
that maybe described therein.
Griffin Oaks Neighborhood CC&R's 4-11-01
Page 27
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SILVER SPRINGS DRIVE ~ eRA~ wAi~ Jackson County, Oregon
GRIFFIN OAKS NEIGHBORHOOD Recorded
OFFICIAL RECORDS
GRIFFIN OAKS COMMON AND OPEN SPACE MAJNTENANCE ASSOCIATION
LEGENO: COMMON AND OPEN SPACE AREAS
PARKS AND OPEN SPACES Q,~ SO N
® COMMON AREAS IN R.O.W. STY CLERK
0' 100' 200' 4~'
F_xldblt A
Mcl~eevedlKorris ~... na,. r~wwaa car C0lnltlon and Open Spaoe Arses
A Didalon d Panaia BefdaeAgf s~ ca,~asi ror,L, aFL en~t
wa. a oa„pe ~ rs,u „b-me.b sex ~,,,3-,~ Qriffin Creek Nl~leighbortaal
,wsw.ar,,r..,,...w:
~a°~,;~ 01 Twk, seeks 1~wrR oLiw~sa na.~oom~Lt
~~ ~ ~ CaLbai PainC onoee
°~` ;=eb 27, 2001 Twin Creeks Development Ca L1.C
_ ~. J `...b ..............r...vi~
~~ `~~v Cmffin Oaks Unit No. 2, Phases II & III of Twin Creeks
Assessors Map File No.: 37-2W-03CD TL 200, 300
EXHIBIT A
"~..
`I~.r
Commencing at a brass cap monumenting the southwest coiner of Section 3, Township
37 South, Range 2 West of the Willamette Meridian, Jackson County, Oregon; thence
North 89°49'38" East, along the centerline of Taylor Road, 1323.57 feet; thence, leaving
said centerline, North 00° 14'28" West 30.00 feet to a 2 % inch brass cap set in concrete,
on the north right-of--way of Taylor Road marking the southeast coiner of Block 3 of
PARKVIEW SUBDNISION as recorded in Volume 7, Page 17 of the Plat Records of
said County and the INITIAL POINT OF BEGINNING; thence, continuing North
00° 14'28" West along the east line of said Block 3 extended, 1137.83 feet to a 5; 8 inch
uon pin; thence South 80°28'26" East 106.11 feet to a 5/8 inch iron pin; thence South
89°58'56" East 108.88 feet to a 5/8 inch iron pin on the westerly light-of-way of Silver
Creek Drive, said westerly right-of--way also being the westerly boundary of GRIFFIN
OAKS UNIT No. 2, PHASE I as recorded in Volume 27, Page 54 of said Plat Records;
thence, along said westerly right-of--way, along the arc of a curve to the right having a
radius of 262.00 feet, a central angle of 12°03' 15", an arc length of 55.12 feet (the long
chord of which bears South 12°46'30" West 55.02 feet) to a 5/8 inch iron pin; thence,
continuing along said westerly right-of--way, along the arc of a curve to the left having a
radius of 338.00 feet, a central angle of 19°06'32", an arc length of 112.73 feet (the long
chord of which bears South 09° 14'51" West 112.21 feet); thence, continuing along said
westerly right-of--way, South 00°18'24" East 141.27 feet to a 5/8 inch iron pin; thence,
leaving said westerly right-of--way, South 79° 15' 19" East, along the southerly boundary
of said Phase I, 77.44 feet to a 5/8 inch iron pin on the easterly right-of--way of Silver
Creek Drive marking the southwest corner of Lot 53 of said Phase I; thence, leaving said
right-of-way, North 89°41'36" East, along said southerly boundary, 217.45 feet to a 5/8
inch iron pin on the westerly right-of-way of Oakley Street marking the southeast corner
of Lot 55 of said Phase I; thence, leaving said westerly right-of--way, North 85°21'27"
East, along said southerly boundary, 60.17 feet to a 5/8 inch iron pin on the easterly right-
of-way of Oakley Street marking the southwest comer of Lot 56 of said Phase I; thence,
leaving said easterly right-of--way, North 89°41'36" East, along said southerly boundary,
111.89 feet to a 5/8 inch iron pin marking the northwest corner of Lot 32 of said Phase I;
thence South 00° 18'24" East, along the west line of said Lot 32, a distance of 78.00 feet
to a 5/8 inch iron pin marking the southwest corner of said Lot 32, said pin also being the
northwest comer of GRIFFIN OAKS SUBDNISION as recorded in Volume 26, Page 45
of said Plat Records; thence, continuing South 00° 18'24" East, along the west line of said
Griffin Oaks Subdivision, 492.27 feet to a 5/8 inch iron pin, marking the southwest
corner of Lot 7 of said Griffin Oaks Subdivision, on the north line of that tract of land
described in Instrument No. 01-11803 of the Official Records of said County; thence
South 89°59'06" West, along said north line, 12.39 feet to a 5/8 inch iron pin marking the
northwest corner of said tract; thence South 00° 18'24" East, along the west line of said
tract, 226.56 feet to a 5/8 inch iron pin marking the southwest corner of said tract; thence
North 89°49'38" East, along the south line of said tract, 12.39 feet to a 5/8 inch iron pin;
thence, leaving said south line, South 00° 18'24" East 8.00 feet to a 518 inch iron pin on
the north right-of--way of Taylor Road; thence South 89°49'38" West, along saidright -of-
way, 648.99 feet to the initial POINT OF BEGINNING.
Prepared by: Herbert A Farber
Farber & Sons, Inc.
Farber Surveying
120 Mistletoe Street ~4~ /
Medford, Oregon 97501 l
~acksgn County, C?regon
Recgrded
nFF~~"IAt RECO42nS
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7~TY CLERK