HomeMy WebLinkAboutSnowy Butte Meadows - CC&Rsppk~ SEP-28-2004 TUE 04 02 PM HC&H ATTORNEYS AT LAW _ FAX NO. 541 779 2982 P. 28
BYLAWS
OF
SNOWY BUTTE
1. NAME A D LOCATION.
The name of the corporal
ASSOCIATION, INC., (hereinaft
organized under the Oregon NonF
Association shall be located in the
but meetings of Members and Dire
possible to the property within Jacl
2. DEFTNTTIONS.
ASSOCYATION, INC.
is SNOWY UTTE MEADOWS HOMEOWNERS
:ferred to as a "Association"). The Association is
Corporation aw. The initial principal office of the
of Central P ' t, County of Jackson, State of Oregon,
maybe hcld t such other places which are as close as
County, Ore n, as may be designated by the Board.
The terms used herein shall ve the mean' s set forth in Section 1, Declaration of
Covenants, Conditions and Restri ions for Sno Butte Meadows, a Planned Unit
Development, recorded on 2004, as ocument No. in the Official
Records of Jackson County, Oregon ( e "Declaratio '), unless otherwise specifically provided
for in these Bylaws.
3. ~VIEMBERS.HIP.
3.1 Qualification. Every p~
by covenants of record to assessment
and shall be entitled to one members)
include persons or entities who hold
obligation. A vendee under a recorder
contract shall be considered the O~
Membership shall be appurtenant to
which is subject to assessment by th
qualification for membership. Any
transfer the membership in the Assoc
3.1 'V'otine.
(a) All n
Bylaws of the Association.
(b) The
BYLAWS Off' SNOWY BUTTE
ASSOCIATION, INC. -Page 1
son or entity ho is the Owner of a Lot which is subject
y the Associa .n shall be a Member of the Association
p for each I.ot weed. The foregoing is not intended to
n interest mer ly as security for the performance of an
land sale con t or recorded memorandum of land sale
ner for p es of membership in the Association.
id may not be eparated from the ownership of any Lot
Association. ership of such Lot shall be the sole
•ansfer of till to a Lot shall operate automatically to
:lion aAaurten nt thereto to the new Owner thereof..
and voting procedures are governed by the Articles and
shall have twc~ classes of voting membership:
SEP-28-004 TUE U4. D~ PM HC&H A'l"l'UKNEYS A'1' LAW hAX NU 541 f (y Lyti~ r. ~y
-- - -•--• • -.__.... e r
Class A. Class A Meml
~ Class A Members are entitled
required for membership. Whi
all such persons are Members.
vote for such lot may be exc~
unable to agree, the vote for tl
vote applicable to any lot soli
contract purchaser. Class A N
Class B. The Class B Iv
(5) votes for each lot which 1
converted to Class A members
may vote by proxy.
(c) Notwitbstandin
to the contrary, after Class B Membc
above, all provisions of this instrumer
classes of Members, shall be constnu
3.3 Transfer. The member
of a Lot shall not be transferred, pled
title to such Lot, and then only to the
3.4
default in the payment of any assess
the voting rights of such Member sl
. Member at least fifteen (1 S) days nol
~- shall be entitled to a hearing before
3.5 Initial Board of ]
Declarant until such time as the
the Board shall be elected as pry
of two (2) Directors.
rs shall be all wners, with the exception of Declarant.
~ one vote for ach lot in which they hold the interest
more than on person holds such an interest in any lot,
Nhen more th one Member exists far a given lot, the
sed as those embers themselves agree. If they are
Unit shall be ast as provided in the Declaration. The
eider a contra t of purchase shall be exercised by the
tubers may vo by proxy.
:tuber shall be a Declarant and shall be entitled to Five
owns. The lass B membership shall cease and be
ip as provided the Declaration. The Class B Member
anything else ' this instrument that might be construed
ship ceases an is converted in accordance with 3.2(b)
requiring a vo of Class A and Class B Members, or all
l as requiring vote by Class A Members only.
held by an Member by virtue of his/her ownership
or alienate in any way, except upon the transfer of
~feree of tit a thereto.
hiR. During y period in which a Member shall be in
~t levied by tb Association pursuant to the Declaration,
be suspended However, the Board shall give any such
prior to such s spension, during which time the Member
Board if he s requests.
The initial oard of Directors shall be appointed by
Meeting is led pursuant to Section 4.1. Thereafter,
Section 6. a initial Board of Directors shall consist
4.
4.1 Turnover Meeting. A 1
by Declarant upon the termination of
sixty (60) days after conveyance to O
total number of Lots in the Plaztned G
any Owner may call the meeting. Not
ten (10) nor more than fifty (50) d~
Declarant shall relinquish control o
documentation relating to the Projec
time, including but not limited to: t
common area, rules and regulations
Declarant, Association funds, a reps
tangible personal property belonginE
unover meetin (the "Turnover Meeting") shall be called
;lass B membe ship in the Association, but not Sfter than
mers other th Declarant of ninety percent (90%) of the
mmunity. if D clarant fails to call the Turnover Meeting,
ce of the meeti g shall be given to Members not less than
~s prior to the meeting. At the Turnover Meeting the
the Associate n to the Owners. All information and
shall addition ly be turned over to the Owners at such
~ Declaration, all corporate documents, the deed to the
the resignatio of Directors and Officers appointed by
t on the Ares t financial condition of the Association,
to the Assacia ion, records of all property tax payments
BYLAWS OF SNOWY BUTTE
ASSOCIATION, INC. -Page 2
SEP-28-004 TUE 04 ~ 03 PM HC&H AT"1'OfiNEYS A'I' LRW h RX NU. 541 / /5 ~yd~ t'. 3U
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pertaining to the common area, copies
`•- bank signature cards, plans and specif
permits, all warranties relating to the {
names of lessees, if any, and any con
representative shall remain available
minimum of three (3) mutually acct
following the Turnover Meeting.
4.3 Declarant's Reserva
the event Declazant has not compl~
Turnover Meeting, Declarant may
the Declaration.
all income returns and related supporting data,, all
lions, incur ce policies, occupancy and government
nrnon Areas a list of contractors, a roster of Owners,
;ts relating t the Project. Declarant or its informed
an adviso capacity to meet with the Board on a
able dates d ~ng the three (3) months immediately
hits. No ~thstanding anything to the contrary, in
lopment Lots or common area at the time of the
to hold special Declarant rights reserved under
5. MBETINGS OF MEM13BR5.
5.1 Annual eetin .The
4:00 P.M. on the First Tuesday in tl
September, 2005. The annual meeting
the transaction of any other business
Directors is not held on the day design
any adjournment thereof, the Board c
meeting of the Members as soon they
Members of the Association.
nual meeting f the Members shall beheld each year at
month of M ,commencing with the 1st Tuesday in
hall be held f the purpose of electing Directors and for
at may come efore the meeting. If the election of the
:ed herein for y annual meeting of the Members, or at
)irectors shal cause the election to be held at a special
Rer as may convenient and upon prior notice to the
5.2 ~ecial Meetings. Sp~
the President of the Hoazd, by a mad
Members who are entitled to volt
~• Association.
5.3 Notice of Meetings. '
annual or special, shall be given by, ~
call the meeting, in person or by math
days, but not more than fifty (50) d<
thereat and to each mortgagee reques
addressed to the Member's address 1.
by such Member to the Association
place, day and hour of the meeting a~
any proposed amendment to the bet
remove a Director or Officer. Maile
United States mail, with postage ful]
5.4 Quorum. The present
entitled to cast, at least thirty percent
a quorum for any action except as otl
Bylaws. If, however, such quorum
meeting, the Members entitled to vot
notice other than announcement at tt
(5) days nor more than thirty (30) dad
meetings of a Members may be called at any time by
of a quo of the Hoard, or upon written request of
my percent 20%) of the total voting power of the
'ritten notice each meeting of the Members, whether
at the directio of, the Secretary or person authorized to
g a copy of sue notice by first-class mail at least ten (10)
s, before such eeting to each Member entitled to vote
ng such notice. With respect to Members, notice shall be
t appearing on a books of the Association, or supplied
or the purpos of notice. Such notice shall specify the
l the items on a agenda, including the general nature of
ration or Byla s, any budget changes or any proposal to
notices shall deemed received when deposited in the
paid thereon.
at the meetin of Members entitled to cast, or of proxies
0%) of the vot s of the entire membership shall constitute
:rwise pmvi in the Articles of Incorporation or these
hall not be p sent in person or by proxy at any such
thereat shall vc power to adjourn the meeting without
meeting, to a lace and a time certain not less than five
from the tim the original meeting was called, at which
BYLAWS OF SNOWY BUTTF
ASSOCIATION, INC. -Page 3
SEN-18-~UU4 'I'UD: U4 ~ U~ t'M HU&H A'l~~1'Ut{Nt:YS A'I' LAW
h HX NU, 541 l l y rya"L Y, ~ l
~.
adjourned meeting the quorum require
~. of the entire membership. if a tune an
attendance at the original meeting, or
meeting after adjournment, notice of tl
to Membets in the manner prescribed
present may be adjourned for any teas
than thirty (30) days from the time of
votes present thereat, either in person
5.5 Proxies. At all meetir
proxy on all matters. All proxies sha
the commencement of any meeting.
cease upon conveyance by the Mem
Member who executed the proxy.
execution, unless a shorter period o
Articles or these Bylaws, a majority
prevail at such meeting.
5.6 Members Entitled to y+
thirty (30) days preceding the date
determination of the Members entity
Members of record on the date so fix
In the event no such record date is ~
determination of Members entitled to
a.m on the thirtieth (30th) day preen
+ent shall be a least twenty percent (20%) of the votes
glace for the journed meeting is not ftxed by those in
f for any teas n a new date is fixed for the adjourned
time and plac of the adjourned meeting shall be given
r regular mee ~ngs. Any meeting at which a quorum is
to a time not ess than forty-eight (48) hours nor more
ch meeting b Members representing a majority of the
by proxy.
3 of Members, each Member may vote in person or by
be in writing, ated and filed with the Secretary before
;very proxy s 1 be revocable and shall automatically
r of his/her C. t, or upon the death or incapacity of the
~ proxy shall terminate eleven (11) months after its
ime is specifi .Except as otherwise provided in the
f the voting er present, in person or by proxy, shall
;. The Board f Directors may fix a time not exceeding
any meetin of Members as a record date for the
to vote at y such meeting and, in such case, only
shall be enti ed to notice and to vote at such meeting.
ed by the B d of Directors, the record date for the
mice and to v to at any such meeting shall be as of 8:00
a the date of uch meeting.
5.7 Vo 'n .The vote for ~
allowed. If more than one person is
among themselves as to how then v~
on the matter in question. If any s
representing that Lot, it will thereaft~
they were acting with the authority a~
one vote is cast for a particular T ot,
ch Lot shall be t as a unit; fractional votes shall not be
ie Qwner of a t, and such persons aze unable to agree
or votes steal be cast, they shall lose their right to vote
ch person or sons jointly owning a Lot cast a vote
be conclusive presumed for all purposes that he, she or
consent of all they such persons. In the event more than
-ch votes shall a void and shall not be counted.
i 5.8 Order of Business. Th~ order
/as follows:
(a) Roll call;
(b) Proof of notice f meeting or
(c) Reading of tes of precec
(d) Reports of Bo d and Offices
(e) Election of Dir ctors, if any ~
(f) Unfinished bu Hess; and
of all meetings of the Members shall be
of notice;
meeting;
to be elected;
BYLAWS OF SNOWY BUTTE
ASSOCIA'T'ION, INC. -Page Q
SEP-28-004 TUE 04 03 PM HC&H ATTORNEYS AT LAW
(g) New business.
`~..
5.9 Conduct of Meeting.
Association and the Secretary shall kee
resolutions adopted at the meeting and
Roberts Rules of Order (latest edition)
conduct of all meetings of the Associ;
Bylaws.
l"he President
the minutes o1
shall keep; a re
as modified b'
lion when not
NAX NU. 541 l/y ZyHZ i', 3Z
1
shall preside over all meetings of the
the meeting and record in a Minute Book
ord of all transactions occurring thereat.
the Board of Directors, shall govern the
n conflict with the Declaration or these
6, BOARD OF DTRBCTORS.
6.1 Number, Tenure ancts~
Directors of this Corporation shall cot
the Members of the corporation, and
succeeding the initial Board of Directo
Both Class A and Class B Members a
candidate for election to the Board of
to be elected, or by'distributing such
candidates. Notwithstanding anythu
Declaration or any other agreement tc
as there are two classes of Members, tt
to allow the Class A Members to elec
cease when the Class B membership
Articles of Incorporation and the Dec
ist of three (3'
.each annual ~
shall be elect
permitted to
)hectors as m
~otes on the s~
g else in thes
the contrary, i
cumulative v~
not less than ~
s converted tt
fter the Turnover Meeting, the Board of
Members. At the first annual meeting of
.eeting thereafter, the Board of Directors
d by the Members as hereinafter set forth.
;emulate their votes either by giving one
~y votes as the number of such Directors
ne principle among any number of such
Bylaws, Articles of Incorporation, the
is the intent of these Bylaws that so long
ling provisions herein shall be interpreted
~e (1) Director. Cumulative voting shall
Class A membership as provided in the
Directors need not be Membe
~ provide for a period of control of the
allowing the Declarant to appoint
Association until the Turnover Meet
of the
remove
6.2 Powers. The business airs of the co
Directors. The Board of Directors s 1 have all of tb
Corporation Act, the Articles of Inco oration, these
the same are reserved to the Mernbe by any of the
n. The Declaration and these Bylaws
Declarant. Such control shall include
rs of the Board of Directors of the
n shall be managed by its Board of
s set forth in the Oregon Nonprofit
and the Declazation, except where
6.3 ~~gular Meetings. Th annual meeti g of the Board of Directors shall be held
without notice, other than these Byla s, immediate) after, and at the same place as, the annual
meeting of the Members of the Assoc lion, except t t notice of the time and place of a regular
meeting of the Board of Directors sh 1 be posted at place or places on the "property" at least
(3) days prior to the meeting or not a shall be pr ded by a method otherv~nse reasonably
calculated to inform Owners of such eetings.
6.4 S eci i eetin s. Sp ia1 meetings o e Board of Directors may be called at the
request of any two Directors or at the quest of the sidcnt. The person or persons authorized
to call special meetings of the Board f Directors ma fix the time for the holding of any special
meeting of the Board of Directors.
BYLAWS OF SNOWY BUTTE
ASSOCIATION, INC. -Page 5
SEP-28-2004 TUE 04;03 PM HC&H ATTORNEYS AT LAW
6.5 Notice. Notice of any special meeting
~- meeting to each Director at hislher hotr~ address, or b
of such meeting, notice shall also be pgsted at a place
days prior to the meeting or notice shall be prov
calculated to inform f.ot Owners of such meeting. Ifn
been delivered when deposited in theta U'.S. mail, se
Director may waive notice of any meeting. The aC
constitute a waiver of notice of such meting, except
express purpose of objecting to the transaction of
lawfully called or convened. Neithe~~ the business
regular or special meeting of the Boar' of Directors n
notice of such meeting.
6.6 uorum. Attendance ~ a majority o
transaction of business at any meetingpf the Board o
present at a meeting, the Director pre~nt may adjou
further notice except as to the date and time of the cc
6.7 Manner of Acting. The~;act of the maj~
at which a quorum is present shall be ~e act of the H
is specifically required by the Oregon Nanproftt
Community Act, the Articles of Incorporation or the
FAX N0. 541 779 2982 P. 33
11 be given at least 10 days prior to such
:legram. So that Lot Owners will know
places on the property at least three (3)
d by a method otherwise reasonably
led, such notice shall be deemed to have
ddressed, with postage prepaid. Any
dance of a Director at a meeting shall
ere a Director attends a meeting for the
~ business because the meeting is not
be transacted, nor the purpose of any
i be specified in the notice or waiver of
Directors shall constitute a quorum for
Directors. if less than two Directors are
t the meeting from time to time without
~tinucd meeting.
of the Directors present at a meeting
of Directors unless a greater number
poration Act, the Oregon Planned
6.8 Action. Without a Meeting. Any acti required or permitted to be taken by the
Board of Directors at a meeting may big taken withou a meeting if a consent in writing, setting
forth the action so taken, shall be signi~d by all of the irectors.
``- 6.9 'V~can,_cies. Any vacancyy occurring on
affirmative vote of a majority of the ret~auting Directs
unless the Articles of Incorporation provide otherwise
aze two classes of Members, it is the ilatent of these
Board of Directors be filled by a person rrpresenti
Director was elected.
6.10 Removal of Directors. ;Whenever the
served thereby, a Director may be remjpved with or v
for that purpose by vote of the holders of a majorit
election of Directors.
6.11 Presumption of Assent. ~:A Director of
of the Board of Directors at which any fiction on any c
to have assented to the action taken urt~ess written di:
acting as Secretary of the meeting befe~re adj ournme:~
such dissent by mail to the Secretary pf the corpora
meeting. Such right to dissent shall not apply to a 1=
6.12 Term. The terms of ail Directors shy
determined at the annual meeting.
BYLAWS OF SNOWY BUTTE MF.~DO'W'S
ASSOCIATION, INC. -Page 6
i.
i
I
I
Board of Directors may be filled by the
though less than a quorum of Directors,
id further provided that, as long as there
awe that any vacancy occurring on the
the class of Members from which the
pest interests of the corporation may be
bout cause at a meeting called expressly
of all shares then entitled to vote at an
e corporation who is present at a meeting
poratc matter is taken, shall be presumed
ant to such action is filed with the person
thereof, or, unless the Director forwards
m immediately after adjournment of the
ector who voted in favor of such action.
be staggered on an annual basis to be
SEP-28-2004 TUE 04 04 PM HC&H ATTORNEYS AT LAW
6.13 Compensation and Expe~~. No Dire
services as a Director of the corporation. Reimburs
approval of the Board of Directors.
6.14 Fidelity Bonds. The Bard of Directs
including, but not limited to, emplo ~:ees of any p
responsible for Association funds, shah furnish such !
The premiums on such bonds shall be laid by the A~
6.15 Oven Meetines. All tr~etings of the
Members.
7. OFFICERS AND TT-IEIR DUTIES.
7.1 Enumeration of Office ~. The Officer
Secretary and a Treasurer, and such o: er Officers a
necessary. Only the offices of Secretpry and Treast
person shall simultaneously hold more: than one of an
be a Member of the Boazd of Director. No other Of
the Boazd of Directors.
7.2 1/lection of Officers. Tie election of
meeting of the Board following the TujRtover Meeting
thereafter; provided, however, prior tq~the'I'tunover l
an annual basis by the Board of Directors or by Decl
7.3 Term. The Officers oft~e Association
each shall hold office for one (1) yeah: unless they s)7
otherwise become disqualified to servi~.
7.4 Resignation and Remairal. Any Offs
without cause by the Board. Any~Offi~er may resign
Board, the President or the Secretary ; Such resignal
of such notice or at any later time specified therein; s
acceptance of such resignation shall rot be necessar
~:
7.5 Vacancies. A vacanc}+~'in any office t
regular election. The Officer elected ~o such vacanc
of the Officer he/she replaces. ;°
7.6 Duties. The duties of tie Officers are
(a) The President ~~all preside at
orders and resolutions of the Board a~F carried out;
written instruments on behalf of the Association;
(b) The Secretary shall act in the p
of his absence, inability or refusal tq: act. The Secs
BYLAWS OF SNOWY BUTTE M~DOWS HOI~
ASSOCIATYON, INC. -Page 7
\r
~~
~.
~.
FAX N0. 541 779 2982 P. 34
shall receive compensation forhis/her
expenses, if any, shall be paid upon
shall require that any person or entity,
essional manager, who handles or is
lily bond as the Board deems adequate.
of Directors shall be apen to the
~f the Association shall be a President, a
the Boazd may from time to time deem
:r may be held by the same person. No
of the other offices. The President shall
cer shall be required to be selected from
xs shall take place at the first regular
each annual meeting of the Members
ng, the Officers may be appointed on
11 be elected annually by the Board, and
sooner resign, or shall be removed, or
er may be removed from office with or
,t any time by giving written notice to the
~n shall take effect on the date of receipt
id unless otherwise specified therein, the
to make it effective.
be filled in the manner prescribed for
all serve for the remainder of the term
follows:
meetings of the Board; shall see that
shall, if required by the Board, sign all
and stead of the President in the event
y shall record the votes and keep the
SEP-28-2004 TUE 04 04 PM HC&H ATTORNEYS AT LAW FAX NO. 541 779 2982 P. 35
minutes of all meetings and proceedin ~~ s of the Board and of the Members; keep the corporate
~.. seal, if any, of the Association and ax it to all pope ~ requiring said seal; serve notice of the
meetings of the Board and of the Members; keep ~ propriate current records showing the
Members of the Association, together with their addr ses; and shall perform such other duties
as are required by the Board;
(c) The Treasurer sli~all receive and deposit in appropriate bank accounts all
monies of the Association, and shall de~burse such fu ~ s as directed by resolution of the Board;
keep proper books of account; cause ate annual audit o the Association books to be rnade at the
completion of each fiscal year and ma#e the same av Table to Members of the Association for
inspection within thirty (30) days afterithe completion ~ f said audit; and shall prepare an annual
budget and a statement of income and epcpenditures an report to be presented to the Membership
at its regular annual meeting, and deliver a copy of ca to the Members, within thirty (30) days
after its completion.
(d) Checks of the Association sh 11 be signed by the officer or officers
designated by the Board.
8. LIABILITY AND ~r C~1-.-~~t~1-j~~r~ ~t~ - ~t,r~ 0 = OF ICfiRS AND DIRECTO AND
8.1 iabili and 1 demni ~ 'a of Offic rs an erectors. The Association shall
inderrmify every Officer and Director of the Associate n against any and all expenses, including
counsel fees, reasonably incurred by o~~imposed upon y Officer or Director in connection with
any action, suit or other proceeding (ujicluding settle ent of any suit or proceeding if approved
by the then Boazd of Directors of thq~ Association) ,which he/she may be made a party by
reason of being or having been an Officer or Direct ~ of the Association whether or not such
`• person is an Officer or Director at t~e time such e ~ penses are incurred. The Officers and
Directors of the Association shall nod be liable to Owners far any mistakes of judgment,
negligence, or otherwise, except far tbieir own endive ual willful misconduct or bad faith. The
Officers and Directors of the Assoct~ion shall have no personal liability with respect to any
contract or other commitment made bpi them, in good : ~th, on behalf of the Association (except
to the extent that such Officers or Directors may als be Owners of Lots) and the Association
shall indemnify and forever hold eacl#such Officer ~d Director free and harmless against any
and all liabilities to others on account of any suchcontract or commitment. Any right to
indemnification provided for herein shall not be ex ~ lusive of any other rights to which any
Officer or Director of the Association; or former Offi or Director of the Association may be
entitled.
8.2 Common Interested Directors. The erectors shall exercise their powers and
duties in good faith and with a view ~f the interests ~ f the Association. No contract or other
transaction between the Association ~Itd one or more fits Directors, or between the Association
and any corporation, firm or associatipn (including i; Declarant), in which one or more of the
Directors of the Association are Directors or Officers ~ rare pecuniarily or otherwise interested,
is either void or voidable because suc~ii Director or erectors are present at the meeting of the
Board of Directors or any committer thereof whic authorizes or approves the contract or
transaction, or because his vote is counted for such urpose, if any of the conditions specified
in any of the following subparagraphs exist:
BYLAWS OF SNOWY BLJTTE M1;~DOWS HON
ASSOCIATYON, INC. -Page 8
SEP-28-2004 TUE 04;04 PM HC&H ATTORNEYS AT LAW
,: FAX NO. 541 779 2982 P. 36
(a) The fact of the cq~mnon director to or interest is disclosed or known to the
Board of Directors or a majority the~of or noted in :the Minutes, and the Board authorizes,
approves, or ratifies such contract or.transaction in ood faith by a vote sufficient for that
purpose; or
(b) The fact of the cc~ntnon director ,te or interest is disclosed or known to the
Members, or a majority thereof, and t~ey approve or atify the contract or transaction in good
faith by a vote sufficient for that purpose; or
(c) The contract or transaction is co : dally reasonable to the Association
at the time it is authorized, ratified, approved or exec ted.
Common or interested Directory may be counte in determining the presence of a quorum
at any meeting of the Board of Directiprs or commi thereof which authorizes, approves or
ratifies any contract or transaction, anc~may vote there t to authorize any contract or transaction
~
with like force and effect as if he/she were not such irector or Officer of such Association or
not so interested.
9. INSURA~.
9.1 nsurance To Be Obta"~ ed B Associ 'on. The Association shall obtain and
maintain at all times insurance, asset . r herein, incl ing insurance against fire, vandalism and
malicious mischief, where applicable find appropriate, with endorsement for extended coverage,
or other perils, for the full insurable replacement vale : of the Association property. The insurer
shall be governed by the following prl~visions:
(a) The insurer shad waive its righ
~ : of subrogation to any claims against the
d
h
i
' Declarant, the Boazd of Directors, th~;Association, t
e
r
c Managing Agent, the Owners an
respective agents, employees, tenant~i guests and, i the case of Owners, the members of the
their households.
(b) The master pol~Cy on the Ass _ iation property shall not be cancelled,
invalidated, or suspended on accoun4 of the conduc 'of any Member of the Board, Officer or
employee of the Board of the Board q~' Airectors or t e Managing Agent or Owners, without a
e the defect
t
A
M
i
h
prior demand in writing that the Boatid of Directors .
gen
cur
e
anag
ng
t
(c) The policy may~-ot be cancell or substantially modified without at least
thirty (30) days' prior written notice tQ the Board of : ' ectors.
(d) The net proceeds of such polio ~s shall be payable to the Association.
(e) All policies of ~surance shall ~ e written with a company licensed to do
Best's Insurance
th
tt
b
f "A+"
b
business in the State of Oregon and )jjolding a rating e
or
e
er
y
fl
Reports, or equivalent. ~;
,;
~~
(f1 In no event shad the insurance
verage obtained and maintained by the
Board of Directors hereunder be bjj~ought into ~ tribution with insurance purchased by
individual Owners or their mortgages.
BYLAWS OF SNOWY BUTTE
ASSOCIATION, INC. -Page 9
SEP-28-2004 TUE 04 05 PM HC~H ATTORNEYS AT LAW FAX N0. 541 779 2982 P. 37
;;
9.2 C,overa~e. ~;
(a) Casual . All improvements, w ach the Board decides should be insured,
in the Landscape Area shall be insurediln an amount t be determined annually by the Board of
Directors. Ifdetermined appropriate byl;the Board, suc coverage shall afford protection against:
(i) Loss or d'~mage by fire nd other hazards covered by a standard
extended coverage endorsement; and
.~
(ii) Such oth~ risks as from ` to time shall customarily be covered
with respect to similar construction as Found in the dscape Area, including, but not limited
to, vandalism and malicious mischief.
.,
~:
(b) Liability surar~. Public lia
'lity insurance shall be obtained in such
amounts and with coverages as shall >~~ required by a Board of Directors, and shall include,
but not be limited to, hired automobil~C and non-o ed automobile coverages, with across-
liability endorsement to cover liabilities of the Owne ~ as a group to an Owner. The Board of
Directors shall review such limits once a year. Tt sh$
obtain, at his/her own expense, liability insurance wi ~ be the responsibility of each Owner to
~ respect to his/her ownership and/or use
of his/her Dwelling Unit and Lot, ar#~i the Board o ~ Directors shall not be responsible for
obtaining such insurance.
;;
(c) In addition, the hoard shall ob
.~
in the following coverages.
(i) Worker's~ompensation psurance meeting all the requirements of
the laws ~f the State of egon, if necessary.
~:
(ii) Duector~ and Officers 1'
~ bility insurance, if necessary.
(iii) Fidelity >~ond for QfI'ice ~ and Directors, if the Board deems such
(iv) Such otl>J~r insurance a :the Board of Directors shall determine
from time to time to be esirable.
~:
~:
9.3 Premiums. Premiums Apr insurance p ~icies purchased by the Association shall
be assessed by the Association againsR the Owners a :part of the Gommon Expenses.
9.4 Payment of Proceeds to Assa
Association shall be for the benefit i~f the
covering property losses shall be paid;to the
9.S
Association
m
(a) Reconstruction nr Repair. if
is to be repaired or reconstructed, the ~ ing pra
as elsewhere provided. ~!
i
BYLAWS OF SNOW'Y' BUTTE ME~IUOWS ISO
ASSOCIATION, INC. -Page 10
~;
~i
inswance policies purchased by the
and shall provide that all proceeds
of insurance policies received by the
damage for which the proceeds are paid
ds shall be paid to defray the cost thereof
SEP-28-2004 TUE 04 05 PM HC&H ATTORNEYS AT LAW FAX N0. 541 779 2982 P. 38
;~
:;
:,
:;
,,
~~
r.
.,
~~
,:
;~
~ (b) Failure to Reco''struct or R If it is determined in the manner
elsewhere provided that the damage fo;~ which the pr ~ eeds are paid shall not be reconstructed
or repaired, the remaining proceeds rn' y be used by t ; e Association for such Landscape Area
improvements as it shall deem approp~tate.
9.6 Insurance To Be Obtained By Ovv~
Dwelling Unit at is full insurable replacement valu
mischief with an endorsement for extended coverage
insurance carrier a waiver of its subroga~tton rights to a~
of Directors, the Association, the Ma~taging Agents
employees, tenants, guests and, in the rase of Owner,
Each Owner of a Lot shall insure his
i against fire, vandalism and malicious
Each Owner shall obtain from his/her
~y claims against the Declarant, the Board
{he Owners and their respective agents,
;the members of their households.
10.
10.1 Lawful Use. No Ovine
any Lot or the Landscape Area which
or the contents thereof, or the Lands
insurance, or which is in violation of
done or kept upon any Lot or the Land
of other Owners, or annoy other Ow
Owner commit or permit any nuisanc
Area. Each Owner shall comply will
respecting the use and occupancy of 1
10.2 Compliance with Rules
when they are due. Each Owner sh
~ Bylaws and all rules and regulations
Architectural Committee.
shall permit o :suffer anything to be done or kept upon
rill increase th . rate of insurance on the Dwelling Unrts,
tpe Area, whi h will result in the cancellation of such
iy law. No O er shall perntit or suffer anything to be
:ape Area whi h will obstruct or interfere with the rights
et's by unreas able noises or otherwise, nor shall any
or immoral o ;illegal act on any Lot or the Landscape
tll requiremen 's of applicable governmental authorities
e Lots.
Each Owner all pay Association dues and assessments
ll comply wit ° the terms of the Declaration and these
adopted and p ~ mulgated by the Board of Directors or
10.3 Use of Employees of
employees of the Association to do v
unless such work is the responsibility
any such request shall be made throu
~ociation. Owner shall not require or request
k on the O 's premises or anywhere on the Aro~ect
the Associate ~ n, and then, except ui case of emergency,
the Assoeia ~ ~ n manager, if any, or the Board.
11. BOOKS AND RECORDS.
11.1 coon. The me:mb
of the Members, of the Board and s
inspection and copying by any Me
representative at any reasonable time
a Member, at the office of the Associa
as the Boazd shall prescribe.
ship register, ' oks of account and minutes of meetings
committees f the Board shall be made available for
ber of the ~ sociation or by' his/her duly-appointed
td for a purpo ~ e reasonably related lobes/her interest as
m or at such erplace within the Planned Community
11.2 Rules. The Board
(a) Notice to be
to make the inspection.
BYLAWS OF SNOWY BUTTE
ASSOCIATION, INC. -Page 11
establish yeas ~ able rules with respect to:
n to the Gusto , an of the records by the Member desiring
~-
SEP-28-2004 TUE 04:05 PM HC&H ATTORNEYS AT LAW
{b) Hours and days qJf" the creek
FAX N0, 541 779 2982
such an inspection may be made.
P, 39
(c) Payment of the r~pst of reprodu `ng copies of documents requested by a
Member. ~~
,;
11.3 Director's Rights. Eve '~ Dtrector shall ve the absolute right at any reasonable
time to inspect all books, records and uments of th ~ Association and the physical pmpecties
owned or controlled by the Association] The right of ' : spection by a Director includes the right
to make extracts and copies of documennts. '
12. AMENDMENTS. :~
I
These $ylaws may be amende~ orily by the v ~ to or written assent of the Members as
follows: ~~
,;
(a) So long as the Cass A and Cla ~ B memberships exist, upon the vote or
written assent of a majority of the voti~pg power of ea h class, or
:~
(b) After conversioti~ of the Class B 'o Class A membership, upon the vote or
written asset of a majority of the total {noting power o. the Association including a majority of
the voting power of Members other thin Declarant.
Provided, however, that the per ~~ tage of the v Ming power necessary to amend a specific
clause or provision shall not be less ~ the percen `ge of affirmative votes or written assets
prescribed for action to be taken and that clause :provision. Prior to completion of the
Project by Declarant, no amendment tj~ Section 4.3 o these Bylaws shall be effective without
the prior written consent of Declarant. ~ln the event of ~ y conflict between the Declaration and
these Bylaws, the Declaration shall co;~trol.
i
13. NOTIC1rS. ~i
Any written notice or other do`~uments relatin ~ to or required by these Bylaws may be
delivered either personally or by mail.. If by mail, su notice or document shall be deemed to
have been delivered and received five! 5) calendar d ` after copy thereof has been deposited
in the United State postal service, pos ge prepaid ad ressed as follows:
,~
(a) If to the Associa{~ ian, to the ad ess designated by the Association as its
principal office address in the Article~of Xncorporati `n.
(b) If to an Owner, ~r to his Tenan :then to the address of any Lot owned, in
whole or in part, by his/her or to any q,'~her address 1 famished by an Owner or his Tenant to
the Association. ~~
(c) If to Declazant:
Dale Clazk
1980 Sky Pazk Drive #C
Medford, OR 9',(504
BYf.A'WS OF SNOWY BUTTE
ASSOCIATION, INC. -Page 12
SEP-28-2004 TUE 04;05 PI1 HC&H ATTORNEYS AT LAW
i
Provided, however, that any such address may be cha
by delivering a written notice of chang¢ of address to '
his Tenant shall file the correct mailing address c
Association, and shall promptly notify khe Association
address. ~
14. NUMBER: GENDER.
The singular shall include the pl~pral and the pl
the contrary, and the masculine, femin~~e and neuter
or neuter, as the context requires.
IN WITNESS WHEREOF, wet the undersig
BUTTE MEADOWS HOMEOWNERS ASSOC)[~
day of , 2004.
FAX N0. 541 779 2982 P. 40
ged at any time by the party concerned
ie Association. Each Owner of a Lot or
' such Owner or his Tenant with the
in writing of any subsequent change of
the singular unless the context requires
1 each include the masculine, fenvnine
being all of the 17irectors of SNOWY
~N, 1NC., hereunto set our hands this
BYLAWS OF SNOWY BUTTE MEADOWS
ASSOCIATION, INC. - Page l3
~~',y SEP-28-2004 TUE 03 56 PM HC&H ATTORNEYS AT LAW ~ FAX N0, 541 779 2982 P. 04
DECLARA'
A
Dale Clark is the owner in
hereinafter referred to as the PUD)1
of Oregon, described on Exhibit A
RECTTAL~; INTENT, Al~D PURPOSE
It is the desire and intention o;
covenants, conditions, and restriction:
It is the desire and intention f
O~cvners Association, Inc. for the .pug
Virginia Drive and the connected priv
HUTTE
D UNIT
~, CONDITIONS,
FOR
~wc_
iple of real property (the planned unit development
in the City ; f Central point, County of Yackson, State
;d hereto 'incorporated herein by this reference.
Declarant ini ~Ily to subdivide the PUD subject to the
set forth in the ~ Declaration into nineteen (19) lots.
~ Declarant to Form the Snowy Butte Meadows Home
dose of, but n ~ t limited to, maintaining and repairing
ite loop (here' 'after the "Private Roads").
Now, therefore, Declarant h eby declares at the PUD shall be held, conveyed,
hypothecated, encumbered, leased, ren ' d, used, oceu ~ `ed, and approved subject to the following
covenants, conditions, and restriction all of whic are in furtherance of a plan for the
subdivision, improvement, and sale ::the PUD, an ~ of enhancing and perfecting the value,
desirability, and attractiveness of the . D.
All the covenants, conditions, `d restrictions 'rein set forth shall run with the PUD and
shall be binding on all parties having ~ acquiring an ;right, title, or interest in the PUD or any
part thereof and shall be for the benefi hf each owner f any portion of the PUD or any interest
therein and shall inure to the benefit ~ .and be bindin ~ upon each successor in interest of such
OWneIS.
The project shall be developed:f ~n one phase
Declaration of Co "Hants, Conditioi
Snowy Butte M ~ ~ ~ ows - A Plana
~;,~~pmrrs.~. Page 1 Of 24
no other phases are contemplated.
and Restrictions for
Y7nit DtvclopHaent
SEP-28-004 TUE 03 ~ 5~1 F'M HC&H R'I"1'UKNt:YS H I LHW
The name by which the PUD
development. The PUD is a Class I
The bylaws adopted under O~.
NAME
hHX NU. 541 fly C~dC r. ub
be known r' Snowy Butte Meadows, a planned unit
ed comet ~ty subject to ORS 94.550 to 94.783.
94.625 must lie recorded.
1. DEFINITIONS.
.
In addition to the terms define i
~ in ORS Chi
following terms shall have the folio ' .g meanings
i
1.1 Declazant. Dale Clark, . heirs, perso
~
1.2 Owner. The record o _
' : er or ovc-nE
Declarant and including a vendee un a recorded l~
of land-sale contract.
1.3 Real PropexCv. All the ' al property ~
1.4 PUD. Planned Unit ~ ~ evelopment
Declaration. . .
1.5 Lot. That portion of th UD conv
individual owner in fee simple. p'or `purposes
after the date of recording an rostrum ` t making
1.6 Dwelling Unit. The re ~dential str
lanai, or other physical or appurtenan xo such stt
or by an owner.
94 and elsewhere defined herein, the
,ever used in this declaration.
representatives, successors, and assigns.
if more than one, of a lot, including
-sale contract or recorded memorandum
on Exhibit A attached hereto.
as the property subject to this
or to be conveyed by the Declarant to an
is Declazation, a lot shall exist from wind
lot subject to this Declaration.
'e, including any gazagc, car port, patio,
'e, constructed on a lot by the Declarant
1.7 Common Area. All the' ~ UD exceptin ithe residential lots therein. The common
azea is shown on Exhibit B attached ~ eto and by thi ~ reference incorporated herein and made
a part hereof. _
1.8 Association. Snowy 1
1.9 Board. The Board of
Declaration of
Snowy Butte
Meadows omeowners Association, Inc.
;tors of the sociation.
~, Conditio , ~ and Restrictions for
~vs - A Planne Unit Development
Page 2 of 24 ? ,
W133k1CCl1U
SEP-28-2004 TUE 03 ~ 57 }'M HL'&H A'1'~1~UKN~YS H l LHW rHx nu. 5y 1 r r a ~adc r. uo
'`r
1.14 Articles: Bylaws. The ~
The Bylaws are marked as Exhibit C i
1.11 Declaration. This
1.12 Mom Mortgage
"mortgagee" shall include the benefi
land-sale contract or recorded memi
1.13 Architectural
Section 6 of this Declaration.
1.14 Fiscal Year. The
2. ASSOCIATT41~.
2.1. Or ization. 'The Asst
and vested with the powers prescribec
Declaration. Neither the Articles not
changed or interpreted so as to be inc
inconsistency, the provisions of this T
the Board may elect or appoint, shall
the Articles and Bylaws as from time
2.2 Membership. Each C
entitled to one membership for each
obligations set forth in this Declarati
the same may from time to time be an
shall be appurtenant to the lot giv
transferred, pledged, conveyed, or a1
lot and then only to the transferee ~
automatically to transfer the memb
Owner thereof. For purposes of
memorandum thereof shall constitul
soon is a no ~ refit corporation charged with the duties
r law and set: orth in the Articles, the Bylaws, and this
ylaws shall, any reason, be amended or otherwise
sistent with t e Declaration. In the event of any such
laration shat prevail. The Board, and such officers as
iduct the off of the Association in accordance with
time amen
iember of the Association and shall be
nember shall have the rights, duties, and
le Bylaws, and the Association Rules as
>ership of each Owner in the Association
membership and shall not be assigned,
~ except upon the transfer of title to such
ny transfer of title to a lot shall operate
>ciation appurtenant thereto to the new
recording of a land-sale contract or
title to a lot.
2.3 Votine.
of Into oration and 13ylaws of the Association.
ated he ~ in and made a part thereof.
as from ~ime to time amended or supplemented.
deed of ttus of record encumbering a lot. The term
under a dee of trust and the vendor under a recorded
um of land- a contract.
The Architectural Committee as created ptusuant to
shall run tom January 1 through December 3I .
ter shall be a
owned. lracl
,the Articles,
ded. The met
rise to such
,ated in any w
itle thereto
hip in the A:
transfer of
(a) Members Entitled to V .Only men
vote. The voting privileges of each cl' ` s of member
the Association which must have the ' rov'al of the,
Declaration of C ~eaants, Condit
Snowy Butte ws - A Pla
Page 3 of
of the Association shall be entitled to
be as provided herein. Any action by
action membership before undertaken
and Restrictions for
Unit Development
~.n~cc~
5EP-28-2004 TUE 03 ~ 57 YM HC&H A'1"i'UI{Nl:YS A~1~ LHW h Hx NU. 54 i r r a Baez r. u r
`. shall expressly require the vote or
power of the Association as more
(1) Class A Memb'
When more than one person
Association. However, the v
shall notbe allowed. In the ev
as to how their vote or votes s
in question. If any Owner(s)
conclusively presumed for all
and consent of any other Ovv~
separated from the lot owner
conveyance of such lot to a n~
without the requirement of ai
(2) Class B. Mem
successors, and assigns. Clas:
in which they hold the interest
above provided that Class B m
shall forever cease to exist w
equal the total outstanding vo
`,,, (b) Voting Procedures. A
be in writing, dated, signed by the C
the commencement of any meeting.
unless the proxy specifies a shorter
of the lot by the Owner and upon the
(c) Declarant Entitled to
provisions of this Declaration, any
percentage of the voting power of n
action to be taken by the Associati~
majority of the total voting power o
prescribed percentage of the total vc
(d) Suspension of Voting
during such period as any assessment
however, that the Boazd shall give an
suspension and such Owner shall t
Section 3.4 of the Bylaws.
Declaration of
Snowy Butte
assent of a rescribed percentage of the total voting
arly stated 'thin the Declaration.
Class A me s shall have one (1) vote for each lot.
ms a single 1: t, all Owners shall be members of the
for each lot t be cast as a unit and fractional votes
the joint Own; rs are unable to agree among themselves
1 be case, the ~ shall lose the right to vote on the matter
is a vote rapt' enting a certain lot, it will thereafter be
rposes that su Owner(s) was acting with the authority
;s) of said lot.: The right to vote may not be severed or
p to which it. s appurtenant and any sale, transfer, or
Owner(s) sh operate to transfer the appurtenant vote
:xnress refer thereto.
~s. Class 1~ members shall be the Declazartt, his
members sh 1 be entitled to five (5) votes for each lot
luired form bership as provided in Section 2.3(a)(1)
ibership shall converted to Class A membership and
t the total o tending votes of the Class A members
held by the ass B members.
vote may be c ~ t in person or by proxy. All proxies shall
ier giving the ~ oxy, and filed with the Secretary before
e proxy shall t to eleven (1 l) months after its date,
tn. Every pro shall automatically cease upon the sale
ith or incavaci of the member who executed the proxy.
eclarant's Rig t to Vote. Notwithstanding any other
~ulation herei ' requiring the approval of a prescribed
ribers of the sociation other than the Declarants, for
shall also r ~ ' e the vote or written assent of a bare
ie Association as well as the vote or written assent of a
rg power of mbets other than Declazant.
,ghts. The vo g rights of an Owner shall be suspended
Fe hereunder : m such Owner remains unpaid; provided,
such Owner at, east fifteen (15) days' notice prior to such
entitled to a eating before the Board in accord with
~tx, Conditio ~ ,and RestricdoAS for
Ns - A Platm ~ Uoit Devetoptaent
Yage 4 of 24
~xoeaie~cck+~
SEP-28-2004 TUE 03 57 PM HC&H ATTORNEYS AT LAW
2.4 Initial Board of Directo .The initial
Thereafter, the Boazd shall be elected ~ provided in i
ce and Open ~on. To maintain and otherwise manage
.y is conve ~ d or otherwise transferred to it, all
gents for opex lion sad ma~itrtenance purposes over the
benefit of tubers and the Association within the
~ to the Assoc anon a nonexclusive easement of ingress
as may be re onable acquired by the Association to
under this ~ coon 2.5(a).
2.S Duties of t re Associati .The Associ ion shall have the obligation and duties
subject to and in accordance with this ~ ~eclazation to o acrd perform the following acts for the
benefit of its members and for the maintenance and i , provement of the common azeas.
(a) Common Area Mainter
the common area, after such prol
improvements located thereon, all ea:
common area, and all easements for
common area. Each Owner hereby gr
and egress to that portion of his/her
exercise and otherwise perform its ril
(b) Utilities. To acquire,
refuse pickup, electrical, and other n
(c) Sidewalks, Mailboxes,
by Declarant as part of the initial Bevel
and relocate pathways, sidewalks, li
landscaping located within the comet
Association or as initially construe
Association a nonexclusive easement
be reasonably required by the Associ2
Section 2.5(c).
(d) Parking Spaces. To
use by Owners and guests under es
enforcement of same.
(e) Other. To perform
Declaration as may be reasonably z
the Bylaws, and the Association R
FAX NU. 541 / ly ~y~~ ~. ua
yard shall be appointed by Declarant.
Bylaws.
for water, sewer, garbage disposal,
the common azea.
;. The Ass anon shall, after the construction thereof
Went of the P ,maintain, repair, replace, reconstruct,
~irrg, street s gns, any mail and post boxes, and the
area as initi , ly designated on the plans filed with the
by Declaz t. Each Owner hereby grants to the
ingrees and ss to that portion of his/her lot as may
n to exercise pr otherwise perform its rights under this
or designs parking spaces in the common azea for
:d rules for: he use of such parking spaces and for the
other acts w~ether or not expressly authorized by this
~Y to enforc any of the provisions of this Declaration,
2.6 Powers and Authori ~ c Associa n. The Association shall have all of the
powers of a nonprofit corporation orgq i zed under th, general nonprofit corporation laws of the
State of Oregon subject only to su ~~ limitations on the exercise of such powers as are
expressly set forth in the Articles, By ws, or this D ~ laration. The Association shall have the
power to do any and all lawful things : 'ch may be a orized, required, or permitted to be done
Declaration of C ~ ants, Conditio ,and Restrictions for
Snowy Butte ws - A P Uait D~velopmsnt
Page 5 of 24'
SEP-28-2004 TUE 03:57 P11 HC&H ATTOEZNEYS A'l' LAW
'`- by the Association under this Deela
any and all acts which may be neces
express powers of the Association,
(a) Assessments. To levy
assessments all in accordance with tt
(b) Right of Entry and Enf
the purpose of performing the dutii
Declaration, in enforcing by peacefi
maintaining or repairing any area, incl
manner required to be maintained by
or repair such area Such entrance up
Owner; provided, however, that such
Board member without any prior noti
deemed to exist when there is a cond
Association shall also have the powe,
own behalf, or on behalf of any Ova
maintain actions and suits to rests
declaration and to enforce by mandato
rights will be exercised in such a mane
Ow'ner's right of enj oyment of his/her
(c) Easements and Right:
and rights-of--way in, on, over, and
erecting, operating, or maintaining
lines, cables, wires, conduits, or ot]
heating, power, telephone, and oth~
water systems; sprinkling systems; v
lines; and any similar public or qua
(d) Employment of Man,
the Common Area and the affairs
advisable by the Board, as well as o'
or proper for the operation of the cc
by the Association or are famished
(e) Services. To contract
Association. Any such service contt
Dzclatation of
Saouy Butte
h AX NU, b41 I I y 'lydC t', Uy
the Articles and the Bylaws and to do and to perform
td proper fo or incidental to the exercise ofany of the
on a Owners and enforce payment of such
of ections 4 and 5 of this Declaration.
cement. Toe ter upon any lot or the common area for
of the Ass 'anon set forth in Section 3.S of this
means any a the provisions of this Declaration, or
ling the land ~ aping on each lot in a neat and attractive
Owner if for: y reason such Owner fails to maintain
~ a lot shall be er 72 hows' prior written notice to the
itrance shall permitted upon consent of at least one
in the event an emergency. An emergency shall be
on causing p '1 or threat to persons or property. The
nd authority om time to time in its own name, on its
~r or Owners ho consent thereto to commence and
and enjoin ~ ~ y breach or threatened breach of this
inj unction or ~ thervvise all the provisions hereof. These
as reasonabl to minimize any adverse impact upon the
=Way. To gr and convey toanythird-party easements
der the n Area for the purpose of constructing,
Freon, therein r thereunder, overhead, or underground
devices for transmission of electricity for lighting,
iurposes; pubs c sewers; storm water drains and pipes;
T and gas lined rpipes; cable T.V. lines; security system
iublic improv entS or facilities.
r. To employ ~ie services of a person or firm to manage
the Associati (the "Manager"} to the extent deemed
such pcrsonn 1 as the Boazd shall deem to be necessary
non area, whe er such personnel are employed directly
the Manager.
materials a or services for the Common Area or the
or manage t contract pursuant to Section 2.6(d) of
t~, Conditi0 ,and t2estrictions for
~vs - A Plann r.lnit Development
Page 6 of 24
~A13:E1CChW
SEP-28-004 TUE 03 ~ 58 YM HC&H A'1"I'Ut{NI:YS A'l' LHW h HX NU, b41 f I y LytfL r, i u
"`- the Declaration shall be subject to to ination by ei er party without cause upon thirty (30)
days' notice in writing to the other p
(f) Rules. By majority vo. ~ of the Board' d from time to time to adopt, amend,
enforce, and repeal such rules and re ations as the ~ oard shall determine to be necessary or
proper to the operation of the PUD ~: a "Associati ~ Rules"). The Association Rules shall
govern the use of the common area ~
~ any Owner, y the family of such Owner, or by any
.
invitee, licensee, or tenant of such O ~ er; provided, owever, that the Association Rules may
not discriminate among Owners and 1 not be incoq istent with this Declaration, the Articles,
or Bylaws. A copy of the Associa ` n Rules, as y may from time to time be adopted,
amended, or repealed, shall be mailed ~ otherwise del eyed to each Owner. Upon such mailing
or delivery, the Association Rules shai have the same' orce and effect as if set forth in and a part
of this Declaration. The Association les shall not ~
~ terially change the rights or privileges
of any person or the restrictions on a~ lot as herein forth.
3. SPECIAT, PROVISIONS.
3.1 Sidewal s. The Qwn of lots 11,15; 6, 17, and 18 agree, at the time of initial
dwelling construction, to construct a;~ , ndard four . of wide sidewalk on the length of their
property that is adjacent to the privat drive.
3.2 I.ot 19. A part of lot 19~ convnon areal eludes the Grifl"in Creek corridor which
~.. will be preserved and maintained in a atural state. T e insures that the maintenance of the area
will sustain Griffin Creek as a natur ' ~ spect.
4.
4.1 O_.,perating Fund. The .. sociation shat establish and maintain an operating fund
into which shall be deposited all eys paid to ~ e Association as regular, special, and
emergency assessments and miscella ous fees and , m which fund the Association shall make
disbursements in the performance of _ rights and d ~ 'es as provided for in this Declaration.
4.2 Reserve Fund. The A,
for replacement of all items of comr
whole or in part in more than three (3
co~non property includes e~cterior 1~
by this Declaration or the Bylaws. AE
for a lot until the lot is conveyed. 'T
amount owing from Declarant for all
reserve study, a review and update,
Declaration of
Snowy Butte
~iation shall ' lso establish and maintain a reserve fund
i property w~ 'ch will normally require replacement in
id less than t iriy (30) years for exterior painting, if the
ed surfaces, d for such other items as may be required
rant may de . payment of accrued reserve assessments
books and r' ords of the Association shall reflect the
verve assess ~ ts. The Board annually shall conduct a
existing stu~ y of the common area/common property
its, Conditio ' ,and ltcstrictio~ for
vs - A Plane Unit Development
Page ~ of 24;
~a~x~cuuu
~r
SEP-28-2004 TUE U3~bg YM HC&H A17UKN~YS H1 LHW rHx nu, ~4i ira cau~ r, ~~
~, component to determine the reserve aunt requirets as provided in ORS 94.595 as it may
be amended from time to time.
The operating fund and the resi~~ve fund shall i~e kept in separate accounts.
4.3 ~teaular Assessments.. ithin forty-fi ; (45) days prior to the beginning of each
fiscal year, the Board shall estimate t costs and ex` ses to be incurred by the Association
during such fiscal year in performing is rights and ties under this Declaration, including a
reasonable provision for unanticipat, expenses an` replacements and less any antycipatcd
surplus from a prior yeaz's fund pro ' that the d may not, without the vote or written
assent of the maj ority of the voting po et of the Ass ' anon residing in members other than the
Declarant, impose a regular annual as ~ sment per loti hich is more than twenty percent (20%)
greater than the Regular Assessment r the immedia ~ ly preceding fiscal year. Such estimated
amount shall be assessed equally to th Owners. The ` ount per lot so assessed to each Owner
is called the "Regular Assessment."
4.4 S cial o Emer enc ~ . essments. ` addition to the Regular Assessments, the
Board may levy during any fiscal year special or em' envy assessment applicable to that year
only for the purpose of defraying in ~v ole or in part ` ~ cost of any construction, reconstruction
(including reconstruction costs in ~ cess of ins ce proceeds), repair or maintenance
necessitated by the failure of the Owti or tenant to intain his/her dwelling unit or lot, repair
of any common watered areas or ~ ilities, unexpq ted repair or replacement of a capital
~, improvement upon the Common Ar ~ ,including the
~ ecessary fixtures and personal property
related thereto, or any extraordin ~ expenses n
~ contemplated by this peclaration of
whatsoever nature provided that in an ~ fiscal year the oazd may not, without the vote or written
assent of a majority of the voting po of the Ass ~ axion residing in members other than the
Declazant, levy special or emergency , ~essments to d~ fray the costs of any action or undertaking
on behalf of the Association which in a aggregate coeds five percent (5%) of the budgeted
gross expenses of the Association for t fiscal year. ~ o special or emergency assessment shall
be levied with respect to the inirial co truction of the moron area, it being understood that all
such construction shall be at the sole .ost and expo ` e of the Declarant. Except as otherwise
providedherein,spocial and emergen assessments all be assessed to the Owners equally and
shall be paid as the Board shall d ~ 'ne.
The provisions herein with re ct to specials d emergency assessments do not apply
in the case where the special asses ~ t against a er is a remedy utilized by the Board to
reimburse the Association for costs incurred in grog the member and his/her lot into
compliance with the provisions of th:, governing ins ent for the PLJD.
Declaration of C: cpsnts, Conditio ' ,and Restrictions for
Snowy Hutto ~ ws - A plam-' Unit Development
Page 8 of 24
~.nm~ccere~
SEP-28-2004 TllE 03 58 YM HC&H A'I"1'UKNI:Y~ H l LHW h Hx nu. 041 i r a ~ac~ r. ~ c
`'`. 4.5 Pa ent of Assessme
assessments made pursuant to this Sec
or before the first day of each mont
designate. The Boazd shall provide
within ten (10) days prior to the bed
provide monthly statements to any 4
such manner as the Board shall desig
s. Each Ovc
m 4 to the Ass
n advance or
Leh Owner wi
-ning of each
ier thereafter.
te.
per shall be obligated to pay regular
ciation in equal monthly installments on
~ such other manner as the Board shall
a statement of the annual assessment
fiscal year but shall not be obligated to
Special assessments shall be payable in
4.6 Commencement of Ass sments. The ~ egular Assessments shall commence as
to each lot in the PUD upon the clo ' of the sale a the first lot to someone other than the
Declarant. The first regular assessor t shall be adj : ed according to the number of months
remaining in the fiscal year and the in ia1 payment d with respect to a partial month from an
Qwner, other than the Declarant, shal prorated as ° f the close of escrow for the purchase of
such Uwner's lot. The Association ~ all, within 1, (ten) days after the demand and upon
payment of a reasonable fee as det ' cd by resolu, on of the Board, furnish to the Owner a
certificate signed by an officer of the ~ sociation stat ~ ~ whether assessments onhis/her lot have
been paid.
' 4.7 ei bursement Asses ~ t. The Bo ~ d shall levy an assessment against any
Owner who has failed to comply with: r has breached is Declaration or the Association Rules
or Bylaws far whom moneys or exp , ses were exp ded or incurred by the Association from
the operating fund in performing its fu, ctions or enfor; ing the provisions of this Declaration, the
`, Association Rules, or Bylaws. Suc ~ sessment sh` 1 be for the purpose of reimbursing the
Association and shall be limited tot : amounts so e ~ ended or incurred and shall be due and
payable to the Association when levi .
4.8 Al ovation an ost o Mai t 'nee. All expenses of the maintenance,
repair, and improvement of the Priva :Roads shall b allocated to the lots of the PUD in equal
shares.
4.9 essm tan Colle " 'on of Roo
for expenses for maintaining and airing of the
beclaration shall constitute a lien ago' , t the propert}r
such lien notice is recorded in the o ~ vial records Q
maintenance and repair incurred p ~ .uant to this
affected property from and after the to of notice of
records of Jackson County, Oregon. ~ ch notice shad
such of lien shall be stated in dollars ~ d cents, and s)
or such other agreement authorizing: , e creation of
shall run in favor and may be released y the person of
;irttenance Costs/ All assessments
Private Roads made pursuant to this
pursuant to this Declazation from the date
Jackson County, Oregon. The cost for
:claration shall constitute a lien on the
uch lien has been recorded in the official
describe the real property, the amount of
tll contain a reference to this Declaration
uch lien or its determination. Such lien
persons who have incurred such costs and
peclaration of C enants, Conditio ,and Restrictions for
Snowy Butte ~~ ndows - A Platen Unit bevelopment
Page 9 of 24
~zanswce~a
~v
SEP-28-2004 TUE 03 ~ 59 NM HC&H A"f"1~UKNHYS A I LHW
hHX NU, 541 r ra ~ac~ r. i~
expenses of maintenance. All liens de~ibed herein ~~all be foreclosed in the manner set forth
in Chapter 88 of the Oregon Revised totes or subs: quent relevant legislation.
5.
5.1 Coven t to Pa Asses ` ~umts. Declar ` t covenants for each lot owned and each
Owner, other than Declarant, by act ~ lance of a de ~ to a lot, shall be deemed to covenant to
pay to the Association Regular Assess ~ eats, Special ` sessments, Emergency Assessments, and
Reimbursement Fees levied in accord ~ ce with Secti' n 4.
5.2 Enforcement. Each asv
personal debt and obligation of the
assessment became due and payablE
assessment, the Association may enfo
bylaw. In the event the Association b~
any judgment rendered in any such
such amount as the court may adju~
attorney fees on appeal.
ssment levied eunder shall be a separate, distinct, and
~~rson who is a Owner of such lot at the time such
In the even{ of a default and payment of any such
each such o igarion by any and all revenues provided
igs an action t enforce each such assessment obligation,
pon shall incl ~ e a sum for reasonable attorney fees in
je against the; faulting Owner, including reasonable
6.
6.l Architectural Committe .There shall a an Architectural Committee comprised
of three members who shall be appoi~ . by and wh shall serve at the pleasure of the Board.
The Declarant shall appoint all of the : riginal memb ~ s of the Architectural Committee and all
replacements until one-hundred p ; ` nt (100%) all lots in the PCB have been sold.
Thereafter, the Board shall have the ' wer to appoi ` all of the members of the Architectural
Committee. Members appointed to Architectura Committee by the Declarant need not be
members of the Association. The Arc ~ ectural Co ' 'ttee, with the approval of the Board, shall
j
have the right to hire a licensed arc tect, a lands ; pe architect, an engineer, or such other
.
professional as may be required to a , i se the Archi ' tural Committce and carry out its duties
pursuant to this Section b.
6.2 Duties of ch'tectur• ~ Co ttee. t shall be the duty of the Architectural
Coirunittee to consider and act upon py and all prop osals or plans submitted to it pursuant to
the terms hereof to ensure that over ~ 1 building de s, roof pitch and tiles, any painting or
exterior coverings, window placemen .and sizes, oz i ovements constructed, which shall also
include landscaping and plantings, on , e PUD by an ` ne other than Declarant, conform to plans
approved by the Architectural Comttk e. No perso shall make any alterations to the exterior
of a dwelling unit, including chant $ in color, ' '1 the complete plans and specifications
showing the location, nature, shape, h _ ght, and form ` change (including without limitation any
peclaration of C enants, Conditio ' ,and Restrictions for
Snowy Buse ~ ' ows - A Plarm~ Unit 13evelopmeat
Page 10 of 2
`r
SEP-28-004 TUE 03 ; 59 PM HC&H A'1"I'UKNI•.Y5 A'l' LAW r Hx rlu. 54 i i is LaaL r, ~ 4
~., other information specified by the ,
approved in writing as to overall ap;
relation to the surrounding structures
G.3 Architectural Rules. U
the Board may, from time to time, in
rules and regulations to be known
implement this Declazapon by settu
review and the design guidelines for
color schemes, exterior finishes, and
use within the PUD. These rules s
Section 6.9.
6.4 Avvlication for Apps
his designated agents, proposing to
approval of the Architectural Comr
apply to such Architectural Commit
of the nature of the proposed wt
Architectural Committee may requit
. 6.5 Approval/Disappprova
writing. If a requested approval has
~,, of submission of all information req
be deemed approved. After Decla
provided in Section 6.1, if the Archie
shall have the right to appeal such d~
President or Secretary of the Board
given to the applicant by the Archi
pursuant to rules and regulations est
6.6 ComoletiQn of Work. ~
refinishing, or alteration of any such i~
construction thereof, except for so lor.
in great hazdship to the Owner due to
other supervening forces beyond the
each lot shall be completed within sia
If the Owner fails to comply with this
Boazd of such failure and the Board s
6.7 as though the failure to complete
Landscaping on each lot shall compl;
~xwxr~cu-a
Declaration of
Snowy Butte
ual C ' ~ttee) have been submitted to and
and h ' ony of design, color, and location in
~ranhv~ v the Architectural Committee.
in the expiratic
{ sole and absc
:"Architecture
Forth the stani
;hitectural des
aerials, and su
~1 not conflict
ofDeclarant's control under Section G.1,
' ute discretion, adopt, amend, and repeal
Rules." Said rules shall interpret and
ds and proccdures for any Committee
placement of buildings, landscaping,
` 'lar features which are recommended for
'th the spccial limitations set forth in
~ ov ' ts. Any Owner, except the Declarant and
form any w ` k of any kind which requires the prior
.e pursuant t ~ any provision in this Declaration, shall
pr approval ~ notifying the Architectural Committee
in writing d furnishing such information as the
been grant
ed by the ~
no longer
to the Hi
ten (10)
by the
Owner shall
such corm
ces, fires, n
col of the i
months aft
lion 6.6, th
proceed in
the PUD
vvs-A1
`. Page 11
i
given under this Section 6 shall be in
~+ithin forty-five (45) days from the date
utcctural Committee, the proposal shall
points the Architectural Committee as
disapproves the proposal, the applicant
'd by giving written notice thereof to the
rys after written notice of disapproval is
e. Any such appeal shall be conducted
ard. The Boazd's decision shall be final.
nYplete the construction, rcconstruction,
n twelve (12) months after commencing
yon is tendered impossible or will result
onal emergencies, natural calamities, or
mer or his/her agents. Landscaping on
completion of the dwelling on such lot.
-rchitectural Committee shall notify the
cordance with the provisions of Section
~e noncompliance with approved plans.
proved landscape plan, if any.
and Restrictions for
Unit Develotunent
SEP-28-2004 TUE 03; 59 PM HC&H A'I'"1'UkN~YS A'1' LRW hAX NU. 541 r ry ~yd[ r. !5
6.7 Inspection of'Work. In {~~:ction of wo and correction of defects therein shall
proceed as follows:
(a) Upon the completion o su ly construct or reconstruction or the alteration or
refinishing of the exterior of any imps v4ments or u ~ n the completion of any other work for
which approved plans are required u~ 1er this Secti ~ 6, the Owner shall give written notice
thereof to the Architectural Committe . ~,
(b) Within Forty-five (4S) ~ ~~ys thereafter,;
authorized representatives may ins •ct such imps
constructed, reconstructed, altered, or refinished to si
plans and shall report its findings anc ~~ccommendat
such construction, reconstruction, a ~eratian, or r~
compliance with the approved plans, it- -~ha11 notify the
specifying particulars of noncompl once and shad
noncompliance.
~he Architectural Committee or its duly
~vement to determine whether it vt-as
~bstantial compliance with the approved
ins to the Board. If the Board finds that
jFinishing was not done in substantial
jOwner in writing of such noncompliance
j require the Owner to remedy such
(c) If upon the expiration ~~ 1• thirty (30) d ; from the date of such notification, the
Owner shall have failed to remedy su h noncompli e, the Hoard shall set a date on which a
hearing before the Board shall be hel< regarding the ~ leged noncompliance. The hearing date
shall be not more than thirty (30) days car less than fi ' en (1 S) days in advance of nonce thereof
by the Board to the Owner, the Archit .aural Commi, ee, and in the discretion of the Board, to
any other interested party. Tt-e hearir~ ~ procedure sh 1 conform to those adopted by the Board
pursuant to the Bylaws.
(d) At the hearing, the 0 ~~er, the Arc ' ~ etural Committee, and in the Board's
discretion, any other interested person , nay present ° formation relevant to the question of the
alleged noncompliance. After cons Ic~ring all sue ~ `information, the Board shall determine
whether there is a noncompliance, : -cl if so, the ~ tune thereof and the estimated costs of
remedying the noncompliance. If no c:c>mplianee a stS, the Board shall require the Owner to
remedy or remove the same within a ~ c~riod of not m' re than forty-five (45) days from the date
of the Board ruling. if the Owner d ~ not comply ith the Board ruling within such a period
or within any extension of such perio tl~e Board, in is discretion, may grant, the Board, at its
option, may either remove the noncon ~l iatlt improv ' ~ ent or remedy the noncompliance and the
Ovmer shall reimburse the Associati~ ~ !br all expen' s incurred in connection therewith upon
demand. If such expenses are not prr ri{qtly repaid b. the Owner to the Association, the Board
shall levy a reimbursement assessme~ i against such , weer pursuant to Section 4.7 hereof.
Declaration of G r.i~ants, Coaditio' , nad Restrictions for
Snowy Butte Tv :a~tows - A Pland Unit pevelopment
Page 12 of 2
ua~•:~ccak
SHP-28-2UU4 '1'UH U4 ~ UU PM HC&H A'1"I'OKN~:YS A'I' LAW
`. (e) Tf for any reason the B.
forty-five {45) days after receipt of s~
shall be deemed to be in accordance
6.8 iabili . Neithec the A
delegates shall be liable to the Associa
suffered or claimed on account of (a
specifications whether ornot defective;
or not pursuant to approved plans, dr
property within the PUD; or (d) the exe
the facts therein are correct; provided,'
basis of such information as may be pc
the foregoing the Architectural Comrr
consult with or hear the views of thE
drawings, specifications, or any othe
Approval by the Architectural Court
warranting or incurring any liability
specifications submitted to and approve
and drawings may require building
governmental agencies.
`„ 7.
7.1 Conveyance of Comc
successors, and assigns that prior to
will convey fee simple title to the cot
encumbrances except the covenants,
utility rights-of--way then of record.
residents of the PUD.
7.2 Easements in the Cc
nonexclusive easement of enjoyment
on the final plat, an nonexclusive ease
area and a nonexclusive easement f
portions of the common area and lots,
maps of the PUD. Such easements s
transfer, or encumber all or any porti
or entity, whether public or private, a~
any part of the common area to any
Declaration of
Snowy Butte
FAX NU. 591 779 2982 P, 16
fails to noti ~ he Owner of any noncompliance within
Mice of comp etion from the Owner, the improvement
~ the said a , ved plans.
~chitectural Co ~ 'ttee nor any member thereof or their
ion or to any er for any damage, loss, or prejudice
the approval r disapproval of plans, drawings, and
(b) the constru ion or performance of any work whether
,wings, ands ~ ifications; (c) the development of any
:ution and filin of an estoppel certificate whether or not
.owever, that s h member has acted in good faith on the
ssessed by hi !without in any limiting the generality of
ttee or any m ber thereof may, but is not required to,
Association o ~ any Owner with respect to any plans,
• proposal sub ' ~tted to the Architectural Committee.
dttce does not •mean said Architectural Committee is
or the structur 'l adequacy of the plans, drawings, and
d by said Archi ctural Committee. Plans, specifications,
permits and er entitlements from the appropriate
1 Area. The ~ eclarant hereby covenants for himself,
at the turnov meeting provided for in the Bylaws, he
ton area to the ` sociation free and clear of all liens and
editions, aad r ~strictions herein set forth, easements, and
JI said facili ~ shall be for the use and benefit of the
~~. Every Owner shall have a right and
and to the c ' on area, and for any easement shown
mt for ingres and egress over and through the common
vehicular in ' ess and egress over and through those
rich shall be ~ signaled as private streets on the recorded
l be appurte ' t to the right of the Association to sell,
of the co n area or burdened lots to a person, firm,
the right of ~ Association to dedicate or transfer all or
blic agency, uthority, or utility for such purposes and
nts, Conditio ~ ,and Restrictions for
ws - A plane Uni[ Developwent
Page t 3 of 2 ;
Wt~tE~CC4JU
SEP-28-004 TUE U4 ~ UU NM HC&N A'I"1'UKN~Y~ H'I' LHW hHx NU. b41 fly Lyt3L r. 1-
`. subject to such conditions as may
encumbrance, or dedication shall be ~
members representing sixty-six and tw
of the Association and sixty-six and
power in members other than the Dec
governmental agency as a condition
property shall require no such prior v
7.3 Utility Easements. Ear
subject to any and all easements of n
and/or other utilities, including but
electrical, and drainage easements, an
or maintenance of such utilities or i
channels in any such easements or in
drainage channels in any such easem
7.4 GYoss Access Easem
Owners' properties an that section of ~
recorded on the final plat of the PUD
agreed to b the Owners. No such sale, transfer,
ective except pon the prior vote or written consent of
thirds percent ~6 and 2/3%) percent ofthe votingpower
~o-thirds perc t (66 and 2/3%) percent of the voting
~ant;,provided however, that a dedication required by a
recording a al plat covering any portion of the real
or written c sent.
~ lot shall be c veyed to Owners, other than Declarant,
ord for the us and benefit of several authorized public
of limited to ble T.V., sanitary sewers, water, gas,
no Owner sh damage or interfere with the installation
any manner ange the direction or flow of drainage
ny manner co tract or retard the flow of water through
All Oven shall have an easement across all other
Owners' party that is part of the Private Roads as
7.5. Pedestrian Access. Th re shall be a f foot wide easement for pedestrian
ingress and egress on lots 11, 15, 16, 7, and 18, adj ant to the Private Roads. This easement
r`, does not limit lot owners' abilities o use the bur erred portions for any lawful purposes,
including, but not limited to, vehicul access and u ity services as long as such use does not
interfere with pedestrian access.
8.
8.1 Use. All lots in said lD shall be
shall not be used except for residenti 1 purposes.
8.2 Lot Size and Division. Lot sizes are
lot shall be resubdivided.
8.3 Residential Dwellings. Nobuilding
to remain on any lot other than one d tached singl
more than three (3) cars and others ctures incid
8.4 Ga a Setbac cs. All
feet from the curb face.
Declaration of
Snowy Butte
shall
ws - A Pl~u
Page 14 ~f
and described as residential lots and
shown on the recorded plat and no
be erected, altered, placed, or permitted
tily dwelling and private garage for not
to the residential use of the lot.
a minimum setback of twenty (20)
and Restrictions for
C7nit Development
~:uvcncctw
SEP-28-2004 TUE U4 ~ UU NM HC&N R'1"1'UKNl;YS H l LRW h HX NU. 541 I 1 y LytSC r. 1tS
,~,, 8.5. Syecific Litru ations.
on the sidewalk.
9.
Owners of lo>f s 1 l ,15,16,17, and 18 shall not encroach
9.1 Dwelling Size. All dwlings shall be~minimum of 1,600 square feet and two
stories. The total square footage does of include op porches and garages.
9.2 Dwellinfi Height. The
~.3 Dn~ All
9.a Frown~e. That pan
shall be at least two-thirds (2/3)
Committee may reduce this regain
10. ROAD MAINTENANC>3.
The provisions of this pa'.
agrees to maintain and repair the
10.1 Road Requirements.
~ maintained or repaired as set forth
service the lots in the Snowy Butte
purposes only and shall not be obst
10.2 Default Standards of 11
necessary repair and maintenance to
repair asall-weather roads and the as
be as provided for herein.
10.3 Indernrlification. Each
Meadows PUD agrees to defend and i
against any losses, claims, demands, ~
of the Private Roads or use thereof by
each Owner further assumes all risks
none of such Owners shall have any li
thereon. Each Owner shall carry a horn
of the Private Roads and the Owners'
Declaration of
Snowy Butte
for any dwelling shall be 35 feet.
shall comply t~+ith Jackson County, Oregon, regulations.
'anew dwel ng which fronts onto the Private Roads
surface (roc or brick). The Architectural Review
to one-half ( z) hard surface.
shall apply ~ all lots in the PUD. The Association
Roads.
Private Ro ds have been constructed and shall be
for utiliza on as a private access easement road to
~ws PUD. a Private Roads shall be used for road
by any O er for any purpose.
~tenance. Th Association shall annually determine the
done to keep a Private Roads in good condition and
sment of the sts of such maintenance and repair shall
veer of any f the real property in the Snowy Butte
:mnify and ld the other Owners harmless from and
other liabili ies whatsoever arising out of his/her use
:h Owners' i vitees, guests, agents, or employees and
ing out of s h Owners' use of the Private Roads and
lity as betty themselves for any condition existing
~wrler poli cy f insurance covering such liability for use
for a minim m of $500,000 per occurrence.
nts, tvonditio and Restrictions for
ws - A Planne rJnit Developlaeut
Page 15 of 24
u++~ifxx:ka
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SEP-28-004 TUI U4 ; UU NM HC&H A'1"1'UKNl:YS H'l LHW
'`.~ 11. AMENDMENTS.
11.1 Prot e. Except as oti'
voting structure of the Association is c<
amended by an instrument in writing si
of the Association certifying that such t
at least seventy-five percent (75%) oft;
Association. At such time as the two
class voting pursuant to the provision
seventy-five percent (75%) of the total
(75%) of the votes of members other
voting power necessary to amend a ;
percentage of affirmative votes preset
provided further that the Declarant sha~
when required by a governmental ages
12. USE RES RICTIONS
The use of the Lots and the I
following provisions in addition to
contained.
~, 12.1 Residential Use. The
purposes only as approved by the Arc;
design standards of Section 6.3, exa
mobile, modular or manufactured dwi
Section 12.3 shall not exclude the cc
swimming pool or shelter for the prof
personal use camping trailer. All sue
applicab]e municipal regulations and
on the subject lot and adjacent lots as
12.2 Maintenance. Each Ov
a clean, sanitary and attractive condi~
least as good or better quality in desig
Committee at the time of initial con:
maintain his/her Dwelling Unit and
required herein, the Association shal
such maintenance pursuant to the As
Declaration of
Snowy Butte
h HX NU, 541 l l a Cad[ r, l a
rwise herein pressly provided, until the two (2) class
,vetted to one 1) class voting, this Declaration maybe
ned and ackn wledged by the President and Secretary
aendment has een approved by members representing
total voting wet of each class of membership of the
:) class votin structure has been converted to one (1)
hereof, any uch amendment shall be approved by
Ming power o the Association and seventy-five percent
tan the Decl ant; provided that the percentage of the
iecific clause provision shall not be less than the
xd to take a ~on under said clause or provision; and
have the pow and authority to amend this Declaration
;y as a conditi n to obtaining a permit.
tnon Area 11 be restricted in accordance with the
other cove ts, conditions and restrictions herein
is and Dw ling Units shall be used for residential
.aural Co 'tree pursuant to Section 6 and the initial
as specific ly provided for in this Declaration. No
~g shall be a owed on any Lot. This Scetion 12.1 and
ruction of a ivate geenhouse, storage unit, private
on of such s 'mrrting,pool or storage of a boat and /or
nprovement must be located in conformance with all
compatible design with the residential construction
termined by he Architectural Corrunittee.
per shall main in and keep his Dwelling Unit and Lot in
on. Irandscap ng on each Lot shall be maintained in at
and nature of laming as is required by the Architectural
ruction of a d elling on the Lot. If the Owner fails to
Lot or any la dscaping required by the Approvals, as
have the nigh to go upon the Owner's X.ot and perform
ociation's au city set forth in Section 2.6 hereof. The
nts, Conditi ,and Restrictions for
ws - A Plane Unit Develapmcnt
Page 16 of 2
w~~CCen.
SEP-28-2004 TUE 04 ~ O1 PM HC&H A"I"1'U}{NP:YS A'I' LAW h AX NU. 541 f f y ~ydC r. cu
~. costs incurred by the Association
pursuant to Section 4.4.
12.3 Commercial o
profession of any kind, shall be co
unless specifically allowed by this L
to operation and permitted and appr
applicable governmental authority.
12.d Animals. Household pe
household pets for private use and not
make an unreasonable amount of not
permitted outside of the Lot of the
responsible person by means of a least
in its sole discretion, whether for th
considered a house pet or a nuisance. '
after said pet on any property within
Any structure for the care, housing of
by the Architectural Committee for it
12.5 Utility Service. Except
on the Final Plat, no lines, wires, satel
`,, kind for the communication or transit
television and radio signals, shall be G
Lot unless the same shall be contained
underground or concealed in, under oc
shall be deemed to forbid the erection a
to the construction of approved imprc
12.6 T ore Occu
shack, garage, and no temporary
any Lot for a residence either ter
12.7 Outside Stormd
stored on any Lot shall be screened
12.8 Trash Recep cles. A
shall be kept clean and sanitary and
the adjoining Lots and streets. Sur
Declaration of
Snowy Butte
be assessed ~gainst the Lot as a special assessment
sal Use. No ndustry, business, trade, occupation or
red, maintain d or permitted on any part of the 1'UD,
ration, appro by the Home Owner Association prior
as a home pation by Jackson County and any other
Agricultural erns shall be perntted.
~, in a reasons a number, maybe kept if they are solely
or commercial purposes. No animal shall be allowed to
or otherwise to become a nuisance. No dog shall be
)weer of said dog unless it is under the control of a
Upon request f any Owner, the Board shall determine,
purpose of 's Section, a particular animal shall be
he Owner of y pet shall be responsible for cleaning up
to Planned Co unity, including any Common Areas.
~onfinement o any house or yard pet shall be approved
design and p1 ernent on each Lot.
approved b the Architectural Committee or set forth
dish larger 18", antennae or other devices of any
;ion of elec c current or power, including telephone,
tructed, pla or maintained anywhere in or upon any
conduits or bles constructed, placed and maintained
buildings or ther approved structures. Nothing herein
use of to nary power or telephone services incident
No trailer, b Bement of any incomplete building, tent,
ig or structw of any kind shall be used at any time on
y' or germane t.
rig. Ali fu~wood and other materials or equipment
the ordin view from adjacent Lots and streets.
xash shall be r twined in appropriate receptacles and cans
sll be screene from reasonable and ordinary view from
screening is condition of the Approvals. Burning of
nts, Condi ~ , aad Restrictions foe
ws - A Plam3 Unit Development
Page 17 of 2
SEP-28-2004 TUE U4 ~ U1 NM HC&H A"I"TUKNEYS AT LAW FAx NU. 541 I la ~aa~ r. ~ 1
organic material shall comply with all
construction debris shall be contained
12.9 Basketball Standare~s. t
nature shall be attached to any Dwelli
rear yard of such Lot. Any such appars
placement with regard to sensitivity to
30 days written notice. No portable b
~plicable loca state or federal regulations. Temporary
•r removal as rovided in~Section 12.21 herein.
basketball st lords or fixed sports apparatus of any
1Jnit or gaze a or be erected on any ):.ot, except in the
s must be app oved by the Architectural Gorrunittee for
ighboring Lo s. Such approval may be withdrawn with
cetball hoops hall be stored in the public right of way.
12.10 Garages and Parking. Garages shall be used only for the parking of motor
vehicles, recreational vehicles, storage d permitted orkshop purposes. All garages will have
automatic garage door operators and 1 residents are cotuagcd to keep garage doors, which
arc visible to the street, closed when ver practical. Residents are encouraged to pazk their
vehicles on their property behind the nt yard setbac line and preferably in enclosed garages.
12.11 Clothes Dryin Facili 'e . No outside a theslines or other outside clothes drying
or airing facilities shall be maintained n any Lot, unle s the Architectural Committee finds such
facilities to be adequately concealed s as not to be s en from any adjacent property.
12.12 Mailboxes. There shall no exterior n spaper tubes or freestanding mailboxes,
except as may have been initially in led by or p suant to plans previously approved by
Declarant or thereafter approved by t Architecture Committee.
12.13 Nuisances. No machin y or equipm of any kind steal I be placed, operated or
maintained upon or adjacent to any t except such hinery or equipment, such as private
workshop equipment, as is usual and stomary in c ection with the use or maintenance of a
Dwellutg Unit. No noxious or offensi a condition, in luding activity causing excessive smoke,
dust, noise or debris, shall be permitt upon any part f the Property. Motorized bikes and all-
terrainvehicles may not be operated o any Lot or the ommon Areas. Motorized transportation
maybe operated on a Got solely for a purpose of tr sporting it from a residencc to a public
roadway for off-site use but are not flowed recrea 'onal use of such machinery within the
property.
12.14 Diseases and Ynsccts. N~ Owner shall rnnit any thing or condition to exist upon
his Lot which shall induce, breed, or arbor infectio plant diseases or noxious insects.
12.15 Mineral Exploration. N property wi the Project shall be used in any manner
to explore for or to remove any water oil or other h ocarbons, minerals of any kind, gravel,
earth or any other such substance or o er nvneral of y kind except for any excavation that may
be done in connection with the cons lion of a dw fling on the property.
Declaration of Co enant8, Conditio ,and Resttictionc for
Snowy Butte M down - A Planne Unit Development
page 18 of 2d
u,rsie~ccaR:
SEN-28-2UU4 'l'UE U4;U1 NM HC&H A'1"1'UKNlrYS A'I' LAW hRX NU. 541 lly ~ydL 1'. ~'C
~,. 12.16 Restrictions o 1~urther~ Subdivision. o Lot shall be further subdivided. No
Owner, except Declarant, may grant easement or ther interest in a Lot without the prior
written approval of the Board and the ehitectural rnmittee.
12.17 Signs. No signs (inc
signs, and all such similar signs)
or maintained on any Lot except:
(a) Such signs as
(b) Such resident
constniction of the Dwelling Units,
approval by the Boazd as to suitabil.
,without limit tion, commercial, family "crest" or name
are visible m neighboring property shall be erected
be required >~y legal proceedings;
ltificatio signs as are installed in the initial
to the re iew of the Architectural Committee and
(c) During the time f construction f any residence or other improvement by
Declazant, job and sales identification signs; and
(d) Approved PUD lentification numerst sign(s) located at the entry to the
PUD. In addition to and in conjuncti with the si ge, one or more monument walls at the
PUD entrance may be constructed.
(e) Not more than
~, (1$) by seventy-two (72) inches, pu
or standazds for said signs do not dar
prevent Declarant or any principal b!
of improvements on any Lot or witl
owned by Declarant.
12.18 Right of Inspection. U~
excepted) and during reasonable hour
representative of any Board member,
the exterior of the Dwelling Unit o
ascertaining whether or not the provis
Bylaws and the rules and regulations
with, and such persons shall not be
inspection. ):fsuch inspection is made
Board, $ report shall be made to the B~
shall be exercised in such a manner
Owner's right to enjoyment of his/her
"for sale" si having dimensions not to exceed eighteen
Gaut to the Rul s of the Association, so long as the posts
;e or destroy 1 s or plantings. This provision shall not
ling contracto from advertisins during the construction
the real prope ar during the period of time any Lot is
~n Seventy-T
any authOrl2
1a11 have the
any of the
ins of these
-dopted by tl
the Architec
d which will
to reasonabl
ws -A Planne
Page 19 of 24
~ (72) hours written notice (emergencies
member of the Board, or any authorized
~ltt to enter upon and inspect the Lot and
provements thereon for the purpose of
versants, Conditions and Restrictions, the
Board, have been or are being complied
of trespass by reason of such entry or
anal Committee upon authorization by the
lecide the action to be taken. These rights
minimize any adverse impact upon the
and Restzictiaa~ fog
Unit Development
Declaration of
Snowy Buse
~zeu_e~cc~
SEI'-28-~0U4 '!'UK U4;U1 YM HC&H H~f~fUKNlrYS Hl LHW hHx Nu. 541 lly LytSL r. ~~
12.19 Tena t Leases. No Dw lling Unit shal be rented or leased for a period of less
than thirty (30) continuous days atone sme. All ren and lease agreements shall be in writing
and shall comply with the provisions the Bylaws.
12.20 Fences. All permanent
Architectural Committee prior to const
prior to any fence construction. All
appearance. All fences and railings
detract from the appeazance of other i
The maximum height and loca
by the Architectural Committee and
regulations, but in no event shall a fen
plants shall not exceed three feet in 1
proscribed setback length, unless oth~
condition of the Approvals.
12.21 Construction Debris.
containment and permanent removal
is windblown or in any way displac
Owner is also responsible for the cl~
street during the course of constructs
allow the accumulation of large qi
construction.
12.22 Landscape or Comr
work or maintenance within the Y.f
and the Architectural Committee.
temporary f aces and railings require approval by the
uon. All ne ssary municipal permits shall be obtained
res must be nstructed so as W provide a finished
ill be well c nstructed and maintained and shall not
Movements 1 ted upon the Lot.
~n of all fence ,railings and hedges shall be determined
lust conform 'th all applicable County or municipal
:exceed eight et in height. Hedges and sight obscuring
fight in the fro t yard or along any side lot line for the
wise required y the Final Landscape Plan, adopted as a
fie Owner of ch Lot is responsible for the temporary
all constructs n dcbris on the Lot and any debris which
from the con ction site to adjoining property. The
sup of any di or mud tracked into the Common Area
of improve is on his property. The Owner shall not
itities of deb s, on or off site, during the course of
~ Mairtte ce. No Lot Owner shall do any alteration,
or Cornm Areas without the approval of the Board
l 2.23 Fireatms- No firearms r bows and ws shall be used or discharged on any lot
or Common Area. However, such i s may be kep inside any residence.
12.24 Fuel Tanks. No fuel shall be tmstructed above or below ground level
except for propane gas for home use. Any such shall be screened from view in a maruier
approved by the Architectural Co ittee_
12.25 Li~ghtinp~ No invasive utdoor lightin within the Project shall be permitted. All
outdoor lights shall be shielded fro ~ point source glare and shall not be directed towards
adjacent parcels. All overhead or oth r area lighting hal l be shielded to cast a downwazd glaze.
There shall be no night guard lights.
Declaration of venants, Conditio ,and Restrictions for
Snowy Bette down - A plane Unit Development
Page 20 of 2
SEP-28-2004 TUE 04; O1 1'M HC&H R'I'"1'U!{NlYS A'1' LRW
13. DEVELOPMENT RIGHTS
13.1 Limitation of Restric ' ns. Declarant
improvements identifie in Section 13.
sale, rental and other dis sal of Lots is
of said property as a r idential co
completed and said pr perry be esta
community as rapidly as possible,
understood or construe to:
(a) Prevent eclarant, tts c
from obt fining reasons
Area of a P~UD or fro:
Project, hatever is
connecti n with the con
(b) Prevent eclarant from
as may
therein. a necessary f
13.2 Declarant's Dev
contained, Declarant expressly
on Exhibit "A."
Upon development of all
construct a private drive.
hH?S NU, 541 Ily LytfC r. ~
undertaking the work of constructing
The completion of that work and the
~ential to the establishment and welfare
city. In order that said work may be
shed as a fully occupied residential
thing in these Restrictions shall be
tractors, subcontractors, or permittees
e access over and across the Common
doing, on any f.ot or any portion fo the
:asonably necessary or advisable in
~letion of said work; or
taintaining such signs withing the PUD,
• the sale or disposition of the LOTS
N tthstanding any other provision herein
Zg is to develop the Real Property described
property, D~clarant shall have constructed or shall
Nothing in the Declarations l limit the righ of Declazant to commence and complete
construction of improvements to the P or to alter t foregoing or to construct such additional
improvements as Declarant deems propt•iate pri to the sale of all of the Real Property
described in Exhibit "A."
14. GENERAL PROVISIONS.
14.1 Bindin Effe t• T The coven ts, conditions, and restrictions of this
Declazation shall run with the land a d shall inure the benefit of and be enforceable by the
Association or any Owner, their re five legal repr sentatives, heirs, successors, and assigns.
14.2 Nuisance. Every act orrtission wh reby any provision of this Lleclazation is
violated in whole or in part is hereby ~ eclazed to be nuisance and maybe enjoined or abated,
Declaration of venanis, Conditlo ,and Restrictions for
Snowy Butte doors - A plaan Unit Developu~cnt
Page 21 of 2
~a,~s:~~
SEP-28-2004 TUE 04;02 PM HC&H ATTORNEYS AT LAW FAX NU, b41 fly Zyaz r, ~5
`r/
whether the relief sought is negative or
Owner.
five acti~tt, by Declarant, the Association, or any
14.3 Violation of aw. Any
ordinance, or regulation pertaining to t
thereof is hereby declared to be a violP
enforcement procedures set forth herei
14.4 Condemnation of t;omr
area, or any interest therein, be taken
right of eminent domain, or by private
condemnation shall be paid to the A
deposited into the operating fund of tr
of such award, and no Owner shall 1
proceedings relaring to such condem
exclusively to the Association or otr
represent the interests of all lot owner
14.5 Obli bons of Own
on him/her by this Declaration throu
his/her lot. Upon the conveyance, sale
transferring Owner shall not be liable
after the date of such transfer, and no 1
and prior to his/her again becoming ar
the benefits of an Owner under this A
14.6 Notice o Sale. Within
of any lot under circumstances wheret
shall notify the Association in writing
of the transferee and his/her transfe
transferee; (c) the transferee's mailing
notification, any and all communicati
the board, or the Architectural Comr
transferee if duly and timely made an
elation of an federal, state, municipal, or local law,
ownership, cupation, or use of the PiJD or any part
n of this De station and subject to any and all of the
~n Area. If at y time all or any portion of any common
>r any public rquasi-public use under any statute, by
purchase in lie of eminent domain, the entire award in
xiation. An such award to the Association shall be
Association. o Owner shall be entitled to any portion
entitled to p• ~cipate as a party, or otherwise, in any
ition, such rig t of participation being herein reverted
holder of th fee title which shall, in its name alone,
to the extents ch lot owners have any interest.
Owner may void the burdens or obligations imposed
non-use of a common area or by abandonment of
signment, they transfer of a lot to a new Owner, the
• any such a essments levied with respect to such lot
ion, after the ermination of his/her status as an Owner
weer, shall i cur any of the obligations or enjoy any of
ve (5) busine days after the consummation of the sale
the transferee omes an Owner thereof, the transferee
i such sale. S h notificarioti shall set forth (a) the name
~r; (b) the str et address of the lot purchased by the
ddress; and ( the date of sale. Prior to receipt of such
is required or rmitted to be given by the Association,
ttee shall be erred to be duly made and given to the
given to hi r transferor.
14.7 Notices. Any written once or other uments relating to or required by this
Declazation may be delivered either p sonally or by ail. If by mail, such notice or document
shall be deemed to have been deliver and received ve (5) calendar days after a copy thereof
has been deposited in the United Stat Postal Se7vi ,postage prepaid, addressed as follows:
Declaration of
Snowy Butte
nts, Canditio ,and Restrictions for
ws - A Platte Unit Development
Page 22 of 2
wej:e~cce~
SEP-28-2004 TUE 04 02 PM HC&H ATTORNEYS AT LAW
FAX NU. 541 l l y ~ya1 r. ~ti
~..r (a) If to the Association, to a address desi ated by the Association as its principal
office address in the Articles.
(b) If to an Ovcmer, to the ad ss of any
to any other address last furnished by Owner to
owned in whole or in part by him/her or
Association.
(c) If to Declarant: Dale Clar a S-a ~./, ~ , ~n $~
3303 Sno d ~ "'"T~~
Cen t, OR 97502 ~(,~5~_~~'' "~. ~~~7'C~'
STATE OF OREGON )
ss.
County of Jackson )
provided, however, that any such addr s may be ch ed at any time by the party concerned by
delivering a written notice of change f address to Association. each Owner of a lot shall
file the correct mailing address of such weer with the ssociation and shall promptly notify the
Association in writing of any subsequ t change of a ess.
14.8 Cumula ~ve Remedies. ach remedy p ovided by this Declaration is cumulative
and not exclusive.
14.9 Partial Inv lidi .The invalidity or ial invalidity of any provision of this
Declaration shall not affect the validi of, or enforc bility of, any other provision.
10 Dumber: ender. As
14 herein, th singular shall include the plural and the
.
plural the singulaz unless the context ~ squires the c teary; and the masculine, feminine, and
neuter shall each include the mascul' ,feminine, or eater as the context requires.
IN WITNESS T~IEREOF De ]grant has ex uted this Declaration this day of
2004.
Declaration of
Snowy Bntte
Dale
tits, t..ondido ,and Restrictions for
ws - A platiti d Unit Development
Page 23 of 2
w~:erccaa~
- _ FAX N0, 541 7`19 [~dc
.,~
- 004 TUE 0353 PM NC~N ATTORNEYS A'f LA e
-- 5EP-28 2 :~
~~
.{
Pnone~ ~~) ~.zzoo
Fax 503 378-4381
SerXe~Y of S1a18
~s _
Division
St. NE. SuAe 151 -
Salem. OR 97310-132
FginglnOte9~-~'
Reclsrnr Httnlt~= ~.
in aocadarxe witt+_ 0!"~ R~ ed , 19~ 1 ~ ~vall b~ Dos'ted~~
re mttA r+Deese u~ w ••.•,~.•..._.- -- - s d NeoesssrY
Please Type tyr Prinit LegibN in Bptelt lnlc. ASedy Addidw+al Sh~
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~) NAME/ ~••
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3? ADDRE9! ®OF REGISTERED AGENT
pilwt 6a en OreBeA ~~ Adbw, vr11IGr ie iden6cat b eM re0i+Nri~
egenCs business a1Bee. Must include ai1Y. ate~e, s1P: no PO bor~sa ~,
t 9 pQ Slc~ ~~ar~ Dri' v~ -~ ~.
~i.~ ~~~.~_ orb a~ra~ -
4) AtruRESS tort MAILING rWncES _.
`' sl orrIDNA1. Ptcov~NS (AeD~oh a eapeir'ebe sheet)
~ 7rrE ~ (,pRPORATION (Select only one) _
p Put~lic t3erletit seale~t O -
~ wIU THE CORDORATION HAVE MErttlElts? ~,~ O 1~ -
9i 1 TORS (List names end addresses of earJ~ h+oav~~, ~~ s sePerals >r
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Signature F6inted Name
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11) CONTAr3'T NAME (fo resah~s quesiens with dus fring.) QAYTAIE PHONE NUI~j~R (achrde arw oede.)
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Conirmalion Copy (Ogimeq SS
Pioossip Fees ere rlorreGaidfbla.
Pbate walla G1aek payable b
•Capereiioe Ofriaon.'
NOTE
Fast may ba paid vipl 1AS11 or
MeeeterCaeo. TIIe cane number and
e~+fon deb ellorld ba subealMd
on ~ sspfrdle sheet b you