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HomeMy WebLinkAboutSequoia Place - CC&RsC3it~ o! ~~entxal Point BH~~~T ttB~ tt Planning Depariitten'~t DECLARATION OF COVENANTS, CONDITIONS AND R ~ SEQUOIA PLACE, A PLANNED COMMUNITY TO THE ~,_ _ _ ~ _ ~__ . _ _ _ __ POINT THIS DECLARATION is made and executed in Jackson County, Oregon, this day of , 200_, by ,hereafter referred to as "Declarant". The City of Central Point has issued approval for Sequoia Place Planned Unit Development located in the City of Central Point, Jackson County, Oregon. The real property is described on Exhibit "A" attached hereto. NOW, THEREFORE, Declarant declares that the real property described in Exhibit "A" is and shall be held and conveyed subject to the easements, conditions and covenants hereafter set forth; all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of said property. These easements, covenants and restrictions shall constitute covenants to run with the land and shall be binding upon all persons or entities claiming under them and also these conditions, covenants and restrictions shall inure to the benefit and be limitations upon all future owners of said property or any interest therein. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to an association consisting of all owners in the Planned Community, their successors and assigns. Section 2. "Common Area" shall mean all real property and appurtenances thereto, now or hereafter owned by the Association for the common use and enjoyment of the members of the Association. Section 3. "Lot" shall mean and refer to any separately designated plot of land shown upon the recorded subdivision map of the property with the exception of the Common Area. Section 4. "Member" shall mean and refer to every person or entity holding membership in the Association. Section 5. "Mortgage" shall mean a Deed of Trust or a Contract of Sale as well as a Mortgage. Section 6. "Mortgage shall also mean a beneficiary under a Trust Deed or a vendor (seller) under a Contract of Sale. Section 7. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of all or any part of said property but in the case of a sale under a contract, owner shall mean contract purchaser. Section 8. "Declarant" shall mean and refer to the undersigned, and their successors, heirs and assigns. ARTICLE II MI~:M BFRSHIP Every person or entity who is a record owner of a fee or undivided fee interest in any lot which is subject by covenants of record to assessment by the Association, or in the case of sale under the contract, the contract purchaser, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the obligation. No owner shall have more than one membership per lot owned. Membership shall be appurtenant to and may not be separated from ownership from any Lot, which is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification for membership and shall automatically commence upon a person becoming such owner and shall automatically terminate when such ownership shall terminate or be transferred. ARTICLE III VOTING RIGHTS Each lot shall be entitled to one (1) vote. Where one lot has one or more owners they shall decide how their one vote shall be exercised. Under no circumstances shall there be more than one (1) vote for each individual lot. The Declarant shall be entitled to vote as the owner of any lots retained by the Declarant, and the board of directors shall be entitled to vote on behalf of any lot which has been acquired by or on behalf of the ~,,, Association; provided however, the Board of Directors shall not be entitled to vote in any election of the Board of Directors. When any lot is owned by two or more persons, according to the records of the Association, the vote for the lot may be exercised by any one of the owners present, in the absence of a protest by the co-owner (s). In the event of a protest no one co-owner shall be entitled to vote without the approval of all co-owners. In the event of disagreement among the co-owners, the vote for the lot shall be disregarded completely in determining the proportion of votes given with respect to the matter voted on. ARTICLE IV PROPERTY RIGHTS Section 1. Members' Property Rights: Every member of the Association shall have a right and easement of enjoyment in and to the area designated as Common Area. The easement shall be appurtenant to and shall pass with title to every lot. Section 2. Members' Easements of Enjoyment: Every member of the Association shall have a right easement of enjoyment in and to the Common Area and such easement shall be appurtenant to and shall pass with title to every Lot; subject, however to the following provisions: The right of the Association to limit the number of guests of members permitted to use the common area; The right of the Association to charge reasonable admission fees for the use of any recreational facility or other improvement. The right of the Association in accordance with it's Bylaws to borrow money for the purpose ~ of improving any Common Area and to encumber the Common Area for the purpose of financing the improvements. The right of the Association to suspend and members voting rights and/or right to use the Common Area, for any period during which any assessment against said member's property remains unpaid; for the period not to exceed ninety (90) days for each infraction of it's published rules and regulations; The right of the Association to dedicate or transfer all or part of the Common Area to any public agency, authority or utility for such purposes and subject such conditions as may be agreed upon by the members. No such dedication or transfer shall be effective unless an instrument signed by members entitled to cast three-fourths of the votes has been recorded in the appropriate records of Jackson County, Oregon agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every member not less than thirty (30) days nor more than ninety (90) days prior to such dedication or transfer; The right of Directors of the Association to promulgate reasonable rules and regulations governing such rights of use, from time to time, in the interest of securing maximum safe usage of common area by the members of the Association without unduly infringing upon the privacy or enjoyment of the owner or occupant of any part of said property, including, without being limited thereto, rules restricting persons under or over designated ages from using certain portions of the property during certain times. Section 3. Delegation of Use: Any member may delegate, in accordance with the rules ,~ and regulations adopted from time to time by the directors, his or her right of enjoyment to the Common Areas and facilities to the members of his or her family, tenants, or contract purchasers, providing they reside on the property. Section 4. Title to the Common Areas: The Declarant hereby covenants for themselves, their heirs and assigns, that they will convey to the Association fee simple title to the Common Area designated as such on the plat as recorded in the Jackson County Official Records, upon sale of the lots. ARTICLE V COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments: The Declarant hereby covenants for all of said property, and each owner of any Lot by acceptance of a deed or contract for purchase therefore, whether or not it shall be so expressed in any such deed or other conveyance or agreement for conveyance, is deemed to covenant and agree to pay to the Association: Regular annual or other periodic assessments or charges; and, Special assessments for capital improvements, such assessments to be fixed, established, and collected from time to time as hereinafter provided. The regular and special assessments, together with such interest thereon and costs of collection thereof, as hereafter provided, shall be a charge on the land and shall be a continuing lien on the properly against which each such c~ ~~ assessment is made. Each such assessment, together with interest, costs and reasonable ~ attorneys' fees, shall also be the personal obligation of the person who was the owner of such property at the time such assessment became due. The obligation shall remain a lien on the property until paid or foreclosed. Section 2. Purpose of Assessments: The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents of said property and in particular for the improvement and maintenance of said property, services, and facilities devoted to this purpose and related to the use and enjoyment of the Common area and of the Lots situated upon said property. Assessments may not be waived due to limited or non-use of the (:'ornmon area. Section 3 Basis and Maximum of Annual assessments: Until January 1St of the year immediately following the conveyance of the first lot to an owner, the monthly assessment may be increased effective January 1St of each year by the Directors of the Association as necessary to accomplish the duties of the Board of Directors and objectives of the Homeowners Association. The Declarant shall not be assessed for any unimproved lots held for resale. The assessments shall begin immediately following the conveyance of the lot(s) to an owner. Section 4. Special assessment for Capital improvements: In addition to the annual Section 5. Uniform Rate of Assessment: Both regular periodic assessments and any special assessments must be fixed at a uniform rate for all Lots and may be collected on an annual, quarterly or monthly basis at the discretion of the Board of Directors. assessments authorized above, the Association may levy in any assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of the described capital improvement upon the Common Area, including the necessary fixtures and personal property related thereto, provided that any such special assessment for structural alterations, capital additions or capital improvements shall require the approval of athree-fourths majority of the members who are voting in person or by proxy at a meeting duly called for this purpose, written thirty (30) days not more than sixty (60) days in advance of the meeting set forth for the purpose of the meeting. This section shall not prohibit the Directors from authorizing capital expenditures for replacements or repairs or improvements from funds generated by regular assessments. Section 6. Quorum for Any Action Authorized Under Section 4: At the first meeting called, as provided in section 4 hereof, the presence at the meeting of members or of proxies entitled to cast fifty-one (51 %) of all the votes shall constitute a quorum. If the ~ required quorum is not forthcoming at any meeting, set forth in section 4, and the required quorum at such meeting shall be twenty-five percent (25%) of all the votes. Section 7. Date of Commencement of Annual Assessments, Due Dates: The assessments provided for herein shall commence as to all Lots (other than unimproved lots held for resale by the Declarant) on the first day of the month following the conveyance of the Common areas to the Association. The Board of Directors shall fix the amount of the regular assessment at least thirty (30) days in advance of each annual assessment period. Written notice of the assessment shall be sent to every owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall upon demand at any reasonable time furnish a certificate in writing signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A reasonable charge may be made by the members for the issuance of these certificates. Such certificate shall be conclusive evidence of payment of assessment therein to have been paid. Not withstanding any other provisions contained herein the Declarant shall not be assessed for any unimproved lots held for resale. Section 8. Effect of Nonpayment of Assessments, Remedies of the Association: Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within ten (10) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of twelve percent (12%) per annum, and there shall be a Five Dollar ($5.00) late charge for each month that said assessments are not paid to ~'' cover the administration expenses of keeping the books and billings for same. The Association shall have a lien against the property as provided in ORS 94.709. The Secretary of said Association shall file in the office of the Director of Records, County Clerk, or appropriate recorder of conveyances of Jackson County, State of Oregon, within one hundred twenty (120) days after delinquency, a statement of the amount of any such charges or assessments, together with interest as a foresaid, which have become delinquent with respect to any Lot of said property, and upon payment in full thereof, shall execute and file a proper release of the lien securing the same. The aggregate amount of such assessment together with interest costs and expenses and a reasonable attorneys' fee for the filing and enforcement thereof, shall constitute a lien on the whole lot with respect to which it is fixed and on any improvements thereon, from the date of delinquency thereof is filed in the office of said Director of Records or County Clerk or other appropriate recording office until the same has been paid or released as herein provided. Such lien may be enforced by said Association in the manner provided by law with respect to liens upon real property (ORS 94.709). The owner of said property at the time said assessment becomes due shall be personally liable for expenses, costs and disbursements including the reasonable attorneys' fees of Association or of the Declarant, as the case may be of processing and if necessary, enforcing such liens, all of which expenses, costs and disbursements and attorneys' fees shall be secured by said lien, ~~ ,~% including fees appeal, and such owner at the time such assessment is incurred, shall also ~ be liable for any deficiency remaining unpaid after the foreclosure sale. No owner may waive or otherwise escape liability for the assessments provided for herein by the non-use of the Common Areas or abandonment of his lot or improvements thereon. Section 9. Subordination of the Lien to Mortgages: The lien of the assessment provided for herein shall be inferior, junior and subordinate to the lien of any first (1St) mortgages and trust deeds now or hereafter placed upon said property or any part thereon in connection with the sale of said property shall not affect the assessment lien. No sale or transfer shall receive such Lot and any improvements thereon from liability for any assessments or from the lien thereof. Section 10. Exempt Property: The following property subject to this Declaration shall be exempt from the assessments created herein: All properties expressly dedicated to and accepted by a local public authority. The Common Areas; and, All other properties owned by the Association. Section 11. Foreclosure of Liens for Unpaid Common Expenses: The Association shall be entitled to foreclose a lien as provided in ORS 94.709 as it currently exists or is amended from time to time. In any legal action brought by the Association to foreclose a lien on a lot because of unpaid common expenses, the owner shall be required to pay ,~ reasonable rental for the use of the lot and improvements thereon during the pendency of the legal action. The Association shall have the power to purchase the lot at the foreclosure sale and to acquire, hold, lease mortgage, vote the votes appurtenant to convey, or otherwise deal with the properly. A suit of action to recover a money judgment for unpaid common expenses shall be maintainable without foreclosing the liens securing same. Section 12. Reserve Trust Funds: The Association shall have the authority to elect by resolution to establish one or more trust funds to hold reserves for the maintenance, repair or replacement of specific items, in which case it shall either designate part of the regular assessment or establish separate assessments for such purposes. The proceeds therefrom shall be held in such trust funds and used only for the designated maintenance, repairs or replacements. ARTICLE VI USE AND RESTRICTIONS The following restrictions shall be applicable to the real property and shall be for the benefit of and limitations upon all present and future owners of said property, or of any interest therein: Section 1. Unless written approval is first obtained from the Association, no sign of any kind shall be displayed to public view on any lot or building on said property except one professional sign of not ore than five (5) square feet advertising the property ~A T ~ ~~, for sale or rent, or signs used by the developer to advertise the property during the ~ construction and sales period. Section 2. No part of said property shall be used or maintained as a dumping ground for rubbish, trash, garbage or any other waste. No garbage, trash or other waste shall be kept or maintained on any part of said property except in a sanitary container. All containers or other equipment for the storage or disposal of such material shall be kept in a clan and sanitary condition and shall be stored so as to not be visible from the street or Common areas. Section 3. No noxious or offensive conditions shall be permitted upon any part of said property, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. Section 4. No trailer, camper-truck, tent, garage, shack or other out-building shall at any time be used as a residence, storage shed or temporary structure on any part of said property. Section 5. Only passenger automobiles, pickup trucks and station wagons without advertising symbols or messages painted on any part of said property, or on any public ways adjacent thereto except within the confines of a private carport or garage. No maintenance or repair work on vehicles shall be done on any lot, common area or on the public ways adjacent thereto. Section 6. No vehicles shall be parked continuously in one location, except in a private carport, garage, or driveway for a period in excess of twenty-four (24) hours. This applies not only to the lots, the said property of the Association, but also to the public ways adjacent thereto. ~ Section 7.A11 owners are members of the Association and entitled to an equal share in the rights and interest and privileges and obligations as such, including the right to use all recreational and other Common Areas owned by such Association subject to the rules and regulations and restrictions applicable thereto. Section 8. Installation of radio, television or other wireless technology antennas is prohibited outside any building. Section 9. The Association shall have jurisdiction over activities over activities permitted in the Common Area. All disputes, complaints or matters regarding the existing or future use of the Common Area and property shall be submitted to the Association Directors for arbitration. ARTICLE VII ARCHITECTURAL CONTROL Section 1. No building, fence, wall, hedge, structure, improvement, obstruction, ornament, landscaping or planting, or alteration thereof, shall be placed or permitted to remain upon or be removed from any part of said property unless a written request for approval thereof has been approved in writing by the Directors of the Association. Section 2. Lot owners are expressly prohibited from painting, staining or changing the exterior of any building, garage, fence or wall without permission of the Association. In the event of the repair or reconstruction of any improvement by a lot owner, the ~ improvement shall be repaired or reconstructed in such a manner to restore the improvement to its original condition. No substantial change shall be made in the process ~ of repair or reconstruction of any improvement without the consent of the Directors of the Association. ARTICLE VIII GENERAL PROVISIONS Section 1. Enforcement: The Association, or any owner, or the owner of any recorded mortgage, deed of trust or like instrument, on any part of said property, shall have the right to enforce, by any proceeding at law or equity, all restrictions, conditions, covenants, reservations, easements, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association, or by any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Severabilitry: Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect. Section 3. Amendment: The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of twenty-five (25) years from the date this declaration recorded, after which time said covenants shall be automatically extended for successive periods often (10) years each. Any of the covenants and restrictions of this ~ Declaration may be amended by an instrument signed by members entitled to cast not less than seventy-five (75%) of the votes. All such amendments shall be recorded in the appropriate Deed Records of Jackson County, Oregon to be effective. Section 4. No Right of Reversion: Nothing herein contained in this Declaration, or in any form of deed which may be used by Declarant, or it's successors and assigns, in selling said property, or any part thereof, shall be deemed to vest or reserve in Declarant or the Association any right of reversion or re-entry for breach of violation of any one or more of the provisions hereof. Section 5. The provisions contained in this Declaration shall bind and inure to the benefit of and be enforceable by Declarant, The association and the own or owners of any portion of said property, and their heirs and assigns, and each of their legal representatives, and failure by Declarant or by the association or by any of the property owners or their legal representatives, heirs, successors or assigns, to enforce any of such conditions, restrictions and charges herein contained shall in no event be deemed a waiver of the right to do so. Section 6. Any or all rights, powers and reservations of Declarant herein contained may be assigned to the association or to any other corporation or association which is now organized or which may hereafter be organized and which will assume duties of Declarant hereunder pertaining to the particular rights, powers and reservations assigned; and upon such ~•'' corporations or association evidencing its intent in writing to accept such assignment and assume such duties, it shall to the extent of such assigrunent, have the same rights and ~ powers and be subject to the same obligations and duties as are given to and assumed by the Declarant herein. IN WITNESS WHEREOF, the undersigned has executed this Declaration of Covenants, Conditions and Restrictions for the Sequoia Place Planned Unit Development, the day of , 20_. Declarant's Name STATE OF OREGON 61e