HomeMy WebLinkAboutDaisy Creek Village - CC&RsJackson County OfflciBl Records 204.062592
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BYLAWS KathleenS Beckett-CounlyClerk
OF
DAISY CREEK VILLAGE HOMEOWNERS' ASSOCIATION, INC.
ARTICLE 1
NAME, APPLICABILITY AND DEF/N/TIONS-
1.1. NAME. The name of the nonprofit corporation is: DAISY CREEK VILLAGE
HOMEOWNERS' ASSOCIATION, INC.
1.2. aYLAws APPL1cA61LITY. These Bylaws are applicable fo the Daisy Creek
Village Homeowners'Association ("Association') andits entire managementstrvcture. The
real property is described on Exhibit 'A"which is attached and incorporated as if fully set
forth herein. The property has been submitted to the provisions of the Oregon Planned
Community Act, ORS 94.550 through ORS 94.783.
1.3. PERSONAL APPLICATION. All present or future Owners, tenants, occupants,
future tenants or theiremployees, orany other person or entity that might use the facilities
in any manner, are subject to the conditions, regulations and provisions set forth in these
Bylaws.
1.4. DEFINIT1oNS. The terms herein shall have the same meaning as set forth
Article 1 of the Declaration of Covenants, Conditions and Restrictions.
The acquisition, occupancy or rental of any of the property or the mere act of
occupancy of any of the property shall constitute acceptance and ratification of these
Bylaws and agreement to comply wilh all (he provisions hereof.
ARTICLE 2
ASSOCIATION MEMBERSHIP, VOTING,
MAJORITY OF OWNERS, QUORUM, PROXIES
2.1. MEMBERSHIP IN THE ASSOCIATION. Upon recordation of a conveyance or
contract to convey a Lot, the grantee or purchaser named in suc17 conveyance or contract
shall automatically be a member of the Association, and shall remain a member of said
Association until such time as such person's ownership ceases for any reason. For all
purposes of the Declaration and the administration of the property, Lot ownership shall be
determined from the records maintained by the Association. The record shall be
established by the Owner filing with the Association a copy of the deed fo or land sale
contract for his or her Lof, to which shall be affixed the certificate of the recording o(ircer
of the County of Jackson, Oregon, showing the date and place of recording of such deed
or contract. No person shall be recognized as an Owner unless a copy of the deed or
contract has been filed with the Association as provided above showing him or her to be
the current Owner or contract purchaser of a Lot. Notwithstanding the foregoing, the
Declarant shall be the Owner of all previously unsold Lots, although no deed or land sale
contract, with respect to such lots, has been /fled with the Association.
PAGE 1 -BYLAWS OF DAISY CREEK VILLAGE HOMEOWNERS' ASSOClA T/ON, INC.
2.2. VOTING RIGHTS. The Association shall have two (2) classes of voting
members:
2.2.1 CLASS A. Class A members shall be all Owners of Lots other than the
Declarant, and each Class A member shall be entitled to one (l) vote for each Lot owned
with respect to alt matters upon which Owners are entitled to vote.
2.2.2 CLASS B. The Class 8 member shat! be the Declarant, its successors and
assigns. The Class 8 member shall have three (3) votes for each Lot owned. Provided,
however, that all Class 8 memberships shall cease upon the earlierof a date frve (5) years
from the recording of the Declaration or the conveyance by the Declarant of Lots
representing seventy-five percent (75%) of the total numbero/votes ("Termination Date'J.
Thereafter, each Owner (including, without limifafion, the Declarant) shall be entitled to one
(I) vote for each Lof owned with respect to all matters upon which owners are entitled to
vote, and the total number of votes shall be equal to the total number of Lots annexed to
the Property and subject fo these Bylaws.
When more than one (1) person or entity owns a Lot, the vote for such Lot maybe
cast as they shall determine, but in no event will fractional voting be allowed. Fracfionalized
or split votes shall be disregarded, except forpurposes ofdetermining a quorum. The total
number of votes as of the Termination Date and thereafter shall be equal to the total
number of Lots annexed to the Property and subjected to these Bylaws as of the
Termination Date.
2.3. MAJORITY OF OWNERS. As used in these Bylaws, the term "Majority" shalt
mean those Owners holding over fifty percent (50%) of the voting rights allocated to the
Owners in~accordance with the Declaration and Section 2.2 above. "Majority of Owners~~
present" salt mean;Owners holding over fifty percent (50%) of the votes present at any" s
legal'fnee ing.~'
2.4. uoRUM. Except as otherwise provided in these Bylaws, the presence in
person orby proxy of Owners holding forty percent (40%) ormore ofthe outstanding votes
in the Association, as defined in Section 2.2, shall constitute a quorum. A legal meeting
is one duly called pursuant to these Bylaws where a quorum is present in person or by
proxy at a format gathering, or if a vote is taken by written ballots, when ballots are
refumed representing more than forty percent (40%) of the vote.
2.5. PLACE OF MEETINGS. Formal meetings of the Association shall be held of the
al office of Daisy Creek Viilage or such other suitable place convenient to the
s as may be designated by the Board of Directors. Any vote taken bV written ballot
TURNOVER MEETING. The Declarant shat! call a meeting for the purpose of (~ f'L if `'
er administrative control of the Association from the Declarant to the Class A
within one hundred twenty (120) days of the earlier of.•
(a) A date Foe (5) years from the date this Declaration is recorded; or
(b) The date that Lots representing seventy-five percent (75%) of the total
number of votes have been conveyed to persons other than the Declarant.
The Declarant shalt give notice of the meeting to each Owner as provided in the
Bylaws. if the Declarant does not call the meeting required under this section, any Owner
may do so.
PAGE 2 -BYLAWS OF DAISY CREEK VILLAGE HOMEOWNERS' ASSOCIATION, INC.
At the turnover meeting the Declarant shall relinquish control of the administration
~, of the Association and the Owners shall assume such control and the Owners shall elect
a board of directors in accordance with the provisions of Article 3 of these Bylaws.
Additionally, the Declarant shall deliver to the Association those items specified in the
Oregon Planned Community Act to be turned over by the Declarant at the fumover
meeting.
2.7. TRANSITIONAL ADVISORYCOMMITTEE. The Declarant shall form a Transitional
Advisory Commrttee to provide forthe transition of administrative control of the Association
from the Declarant to the Class A members. Not later than the sixtieth (60th) day after the
Declarant has conveyed Lots representing fifty percent (50%) of all voles in the Project,
the Declarant shag call a meeting of Owners for the purpose of selecting a Transitional
Advisory Committee. The committee shall consist of three (3) members. The Class A
members shall, by majority vote, elect two (2) members, and the Declarant shall elect one
(!) member. The committee shall have reasonable access to such information and
documents as the Declarant is required by law to make available. !f the Declarant fails to
call the meeting required under this section, any Owner may do so.
The function of the transitional committee shalt be fo facilitate transition from control
of the administration of the Association by the Declarant fo control by the Owners. The
committee shalt have access to the information, documents and records which the
Declarant must tum over to the Owners under the Oregon Planned Community Act.
The Declarant shall give notice of the meeting required under this Section 2.7 to
each Owner at least seven (7), but not more than fifty (5D) days prior to the meeting. The
notice shall state the purpose of the meeting and the time and place where it is to be held.
If such meeting is not called by the Declarant within the time specified, the meeting may
be called and notice given by a Owner. If the Owners, other than the Declarant, do not
select members for the committee under this Section 2.7, the Declarant shall have no
further responsibility fo form the committee.
2.8. ANNUaL MEETINGS. The hrst annual meeting of the Association shall beheld
in the calendar year following the calendar year in which the fumover meeting is held and
shall be set by action of the Board of Directors. The date for this meeting, at the discretion
of the Board of Directors, maybe changed from time to time, but must be held annually
under the rules and regulations as set out in the Bylaws. At such meetings, new members
of the Board of Directors shall be elected by the Owners in accordance with the
requirements of Section 3.9 of these Bylaws, fo replace (hose directors whose terms have
expired. The Owners may also transact such other business of the Association as may
properly come before them.
2.9. SPECIAL MEET/NGS. It Shalt he the duty of Ihn Prnciiionl ~~ ,.~^ .. ........:..~
Secretary: ~A`I! meetings called because of petition of Owners shall be held of a format
gathering and not by ballot, and shall be held within sixty (60) days after receipt of the
petition. The notice of any special meeting shall state the time and place ofsuch meeting
and the purpose thereof No business shalt be transacted of a special meeting except as
stated in the notice unless by consent of all the Owners of the Lots oras otherwise set out
in these Bylaws.
2.10. NOTICE OF MEETINGS. If shall be the duty Of the Secretary f0 mail a notice of
each annual, special or meeting by ballot, stating the purpose thereof and the time and
me maurng shall be to the Owner's address last given the
Owner or his or her vendee. If Lot ownership is split or the Lot
PAGE 3 -BYLAWS OF DAISY CREEK VILLAGE HOMEOWNERS' ASSOCIATION, INC.
has been sold on a contract, notice shall be sent to a single address of which the Secretary
has been notified in writing by such parties. If no address has been given the Secretary in
writing, then mailing fo the Lof address in Daisy Creek Village shall be sufficient. The
mailing of a notice in the manner provided in this Section shall be considered notice legally
served.
2.i1. ADJOURNED MEETINGS. !f any gathering of Owners is not a legal meeting
because a quorum teas not attended, the Owners who are present, either in person orby
proxy, may adjourn the meeting to a time not less than forty-eight (48) hours nor more then
ten (10) days from the time the original meeting was called. The adjournment provisions
of this Section do not apply to meetings by ballot.
z.~2. ORDER OF BUSINESS. The order of business of all meetings shall be as
follows:
(a) Roll call.
(b) Proof of Notice of meeting or waiver of notice.
(c) Reading of minutes of the preceding meeting.
(d) Reports ofofficers.
(e) Reports of committees.
(f) Election of inspectors of election.
(g) Election of directors.
(h) Unfinished business.
(iJ New business.
ARTICLE 3
BOARD OF DIRECTORS
3.9.
e coowner of a Lof. Air officer or employee of a corporation, or the trustee of a trust, or
persona! representative of an estate, or an employee of the trust or estate may serve on
the Board of Directors, if the corporation, trust or estate owns a Lot.
3.2. PowERS AND DurlES. The Board of Directors shaft have the powers and
duties necessary for the administration of the affairs of the Association and may do a!1 such
acts and things as are not by law or by these Bylaws directed fo be exercised and done
by the Owners.
3.3. OTHER DUTIES. In addition to duties imposed by these Bylaws or by
resolutions of the Association, the Board of Directors shall have authority fo cony out and
be responsible for the following matters:
3.3.1 Care, upkeep and supervision of the Common Property.
3.3.2 Establishment and maintenance ofreplacement reserve accounts and other
reserves which are required to be maintained by the Oregon Planned Community Act, the
Declaration or these Bylaws and such other reserve accounts as are permitted by these
Bylaws.
3.3.3 Designation and collection of monthly assessments from the Owners, in
accordance with these Bylaws, the Declaration and the Oregon Planned Community Act.
3.3.4 Establishment of a budget and payment of all common expenses of the
Association and institution and maintenance ofa vouchersystem forsuch payment, which
shall require a suffrcient number of signatories thereon as may be reasonably necessary
to prevent any misuse of Association funds.
PAGE 4 -BYLAWS OF DA1SY CREEK VILLAGE HOMEOWNERS' ASSOCIATION, INC.
3.3.5 Obtaining and maintaining insurance policies and payment of premiums
therefor out of the common expense funds in respect to both the Common Property and
Living Units as more specificapy provided in Article 7 of these Bylaws.
3.3.6 Designation and dismissal of the personnel necessary for the maintenance
and operation of the Project.
3.3.7 Causing the preparation and distribution o/annual financial statements offhe
Association to each of the Owners as more specifically provided in section 3.6.
3.3.8 Adoption and amendment ofadministrative rules and regulations governing
the details of operation and use of the Common Property. Provided, however, any such
rules orregulations shall always be subject to rescission oramendmentby the Association
upon majority vote of Owners present at any property called meeting.
3.3.9 Causing the Association to comply with the Oregon Planned Community Act
relating fo maintenance of documents delivered to the Association by the Declarant and
maintenance and distribution of financial statements. Also to maintain copies suitable for
duplication offhe following. Declaration, Bylaws, Association rules and regulations and any
amendments thereto, the most recent annual frnancial statement and the currenfoperafing
budget of the Association.
3.4. LIMITED AUTHORITY. The Board of Directors shall be prohibited from taking
any of the following actions: except with the vote or written assent of a majority of the
voting power offhe owners other than the Declarant.
3.4.1 Entering info a contract with a third party wherein the third person will /umish
goods or services for the common area or the Association for a term longer than one year
with the following exceptions:
(a) Management contract, the tem-s of which have been approved by the
Federal Housing Administration or Veterans Administration.
{b) A contract with a public utility company if tf~e rates charged for the materials
or services are regulated by the Public Utilities Commission provided,
however, that the term of the contract shall not exceed the shortest term /or
which the supplier will contract at the regulated rate.
(c) Prepaid casualty and/or liability insurance policies of not to exceed three
years duration provided that the policy perrnits short rate cancellation by the
insured.
(d) Lease agreements forlaundry room fixtures and equipment of not to exceed
/ive years duration provided that the lessor under the agreement is not an
entity in which the Declarant has a direct or indirect ownership interest of fen
percent (10%) or more.
(e) Agreements iorcable television services and equipment orsatellite television
services and equipment of not to exceed five years duration provided that the
supplier is not an entity in which the Declarant has a direct or indirect
ownership interest of ten percent (10%) or more.
(r) Agreements for sale or lease of burglar alarm and fire alarm equipment,
installation and services of not to exceed five years duration provided that
the supplier or suppliers are not entities in which the Declarant has a direct
or indirect ownership interest often percent (10%) or more.
i
PAGE 5 -BYLAWS OF DAISY CREEK VILLAGE HOMEOWNERS' ASSOCIATION, INC.
3.4.2 Incurring aggregate expenditures for capital improvements to the common
area of any fiscal year in excess of five percent (5%) of the budgeted gross expenses of
fhe Association for that fiscal year.
3.4.3 Selling durirrganyfiscalyearpropertyoftheAssociationhavinganaggregate
fair market value greater than Tive percent (5%) of the budgeted gross expenses of the
Association for that fiscal year.
3.4.4 Paying compensation to members of the Board of Directors or to officers of
the Association for services performed in fhe conduct of the Association's business
provided, however, that the Board of Directors may cause a member or officer to be
reimbursed for expenses incurred in carrying on the business of the Association.
3.5 INCOME TAX RETURNS ~ DETERMINATION OF FISCAL YEAR.
3.5.1 The fiscal yearof theAssociation shalt be fhe calendar year unless otherwise
determined by the Board of Directors.
3.5.2 The Board of Directors, in its sole discretion, shall determine the manner in
which all necessary income tax returns are /fled and of selecting any and all persons to
prepare such tax returns.
3.6 9UDGETS AND FINANCIAL STATEMENTS.
3.6.1 The following (<nancial and related information shall be regularly prepared
and distributed by the Board of Directors to all members of the Association:
(a) A pro forma operating budget /or the immediately ensuing fiscal year
consisting of at (east the following information shall be distributed not;a
than 45 days ahd not more than 60 days prior to the beginning of the fiscal
year. '
(1) Estimated revenue and expense on an accrual basis.
(2) The amount of the total cash reserves of the Association currently avai/able
`rr for replacement or major repair of common facilities and for contingencies.
(3) An estimate of the current replacement costs of, and the estimated remaining
Tile of, and fhe methods of funding used to defray the future repair,
replacement or additions fo, those major components of the common areas
and facilities which the Association is obligated to maintain.
(4) A general statemerrtsetting forth fhe procedures used by the governing body
in Lire calculation and establishment of reserves to defray the costs of repair,
replacement or additions to major components of the common areas and
facilities for which the Association is responsible.
(b) A balance sheet as of an accounting date which is the last day of the month
closest in time to six months from the date of closing of the first sale of an
interest in Daisy Creek Village and an operating statement for the period
from the date of the first closing to the said accounting date, shaft be
distributed within 60days a(terthe accountingdate. This operatingstafement
shalt include a schedule of assessments received and receivable identified
by the number of the subdivision interest and fhe name of the entity
assessed.
PAGE 6 -BYLAWS OF DAISY CREEK VILLAGE HOMEOWNERS' ASSOCIATION, INC.
(c) A report consisting of the following shall be distributed within 120 days after'
the close oithe ltsca/ year
(1) A balance sheet as of (he end of the fiscal year.
(2) An operating (income) statement for the fiscal year.
(3) A statement of changes in financial position for the fiscal yf?ar.
(4) For any fiscal year in which the gross income fo the Association exceeds
$75, 000, a copy of the review of the annual report prepared in accordance
with generally accepted accounting principals by a certified public accountant
licensed by the State of Oregon.
The written notice that is distributed to each of the Association members
.t 10-point bold type on the front page of the summary of the statements.
i'
(a) Cause a current reconciliation of the Association's operating accounts to be
made and review the same.
(b) Cause a current reconciliation of the Association's reserve accounts to be
made and review the same.
(c) Review the current year's actual reserve revenues and expenses compared
to the current year's budget.
(d) Review the most current account statements prepared by the financial
institution where the Association has its operating and reserve accounts.
(e) Review an income and expense statement for the Association's operating
and reserve accounts.
(~ The''failure of the Board of Directors to timely prepare and/or to present a "
budget to the Owners shall not be cause (or any Owner to fail or refuse to
pay;assessments. Assessmenlsshall continue, based upon the last adopted
PAGE 7 -BYLAWS OF DAISY CREEK VILLAGE HOMEOWNERS' ASSOCIATION, INC.
3.6.3 In lieu of the distribution of the pro forma operating budget required by
Section 3.6.1, the Board of Directors may elect fo distribute a summary of the items
described in Section 3.6.1 to all members of the Association with a written notice that the
budget is available at the business of(ce of the Association or at another suitable location
and that copies will be provided upon request and of the expense of the Association. If any
member requests copies of the pro forma operating budget including the items described
in Section 3.6.1 to be mailed fo the member the A.ccn~iaf;nn ahaH ii~Nsv,.4n':cn7.1, ,.,..,:,,..
3.6.5 The Board of Directors shall do the following not less frequently than
quarterly:
or accepted budge(~e until a new budget is created and announced.
Retroactive increases and/or special assessments may be made by the
Board of Directors to make up for any deficiency.
(gJ In the event the Board of Directors fails fo timely adopt a budget for a new
fiscal year, Owners holding a majority of the votes of the entire Association,
at any general or specially called meeting, may adopt. such a budget,
announce it to the Owners and immediately commence assessments based
on the newly adopted budget. Additionally, of any genera! orspecially called
meeting, Owners holding a majority of the votes o/ the entire Association
may amend any budget adopted by the Board of Directors. Thereafter,
assessments fo Owners shall be based on the budget as so amended until
a new budget is adopted.
`r-'
3.7. MANAGEMENT AGENT. The Board of Directors may employ a management
agent, to be compensated in an amount established by the Board, to perform such duties
and services as the Board shall authorize, including, but not limited to, the duties listed in
Section 3.3.
3.8. 1NTER/MBOARDANDOFFICERS. The Dectarantherebyreservesadministrative
control of the Association for a period not fo exceed that allowed by the Oregon Planned
Community Act. The Declarant, in his orhersole discretion, shall have the right to appoint
and remove members ofan Interim Board olDirectors and interim officers. Notwithstanding
the provisions of this Section, at the Turnover Meeting at least one (1J Director shall be
elected by Owners other than the Declarant, even i( the Declarant otherwise has voting
power to elect all three (3) Directors.
one { ~/ urrectorar~s~a1l be~ixed at ohe (q t'eal'. Should more Di~ecfors be added, the same
sequential election terms shall apply as nearly as is practicable. At the expiration of the
initial Perm of office of each respective Director, his or her successor shall be elected to
serve a term of two (2J years. The Directors shall hold office until their successors have
been elected and hold theirfirsf meeting. At the turnovermeefing, upon agreement by vote
of the Owners, the Board of Directors maybe elected by a sinole hallnt wilh Pa~h nwnor
3.10.
mougn rney may corrsptute less than a quorum; sand each person so elected shall be a
Director until a successoris elected upon expiration ofthe term for which such person was
elected by the other Directors to serve.
3.11. REMOVat of DIRECTORS. At any legal annual or specia/meeting, other than
a meeting by ballot, any one or more of the Directors may be removed with or without
cause, by a majority vote of the total voting power of the Owners and a successormay be
then and there elected to fill the vacancy thus created. Provided however, the notice of
meeting shall specifically indicate that the removal of one or more named directors is an
agenda item for such meefino: Anv Director whose rAmnval hac hoan nrnnneoA fiv Ihn
PAGE 8 -BYLAWS OF DAISY CREEK VILLAGE HOMEOWNERS' ASSOCIATION, INC.
Directors meetings during a twelve (12) month period which have been properly called,
maybe removed by a majority of the remaining Drrectors.
of a newly elected Board of
the newly a/ecfed Directors are present.
3.13. REGULARMEETINGS.Regularmeefingso(theBoardofDirectorsmaybeheld
at such time and place as shall be determined, from time to time, by a majority of the
Directors. Notice of regular meetings of the Board of Directors may be called by the
President on three (3) days notice to each Director, given personally orbymail, telephone
or telegraph, which notice shalt state the time, place (as hereinabove provided) and
purpose of the meeting.
3.14. SPECIAL MEETINGS. Special meetings offhe Board of Directors maybe called
by the President or Secretary oron the written request ofat least one (1) Directors. Special
meetings of the Board o/Directors may be called on three (3) days' notice to each Director,
given personallyorbymail, telephone or telegraph, which noticeshal/statethetime, place
(as hereinabove provided) and purpose of the meeting.
3.15. WAIVEROFNOTlCETOD/RECTORS.BefOn=,atorafteranymeetingoffhe8oard
of Directors, any Director may, in writing, waive notice of such meeting and such waiver
shall be deemed equivalent to the giving o/such notice. Attendance by a Director at any
meeting of the Board shall be a waiver of notice by him or her of the time and place
thereof. If al! the Directors are present at any meeting of the Board, no notice to Directors
shall be required and any business maybe transacted of such meeting.
3.16. BOARD OF DIRECTORS' QUORUM. At al! meetings of the Board of Directors, a
majority of the existing Directors shat) constitute a quorum for the transaction of business,
and the acts of the majority of the Directors shall be the acts of the Board of Directors. If
at any meeting of the Board of Directors there be less than a quorum present, the majority
of those present may adjourn the meeting from time fo time. At any such adjourned
meeting, any business which might have been transacted at the meeting as originally
`r called maybe transacted without further notice.
3.17. BOARD OF.DIRECTORS MEETINGS OPEN TO ALL ASSOCIAT/0N MEMBERS. AI!
mee.,(ngs of the Board of Directors shalt be open to any and all members of the
Association. Provided, however, no Association member shall have a right to participate
in the Board of Directors rrreetings unless such memberis also a member of the Board of
Directors. Tiie President shall have authority to exclude any Association member who
disrupts the proceedings at a meeting of the Board of Directors.
3.18. NOTICE TO ASSOCIATION MEMBERS OF BOARD OF DIRECTORS MEETINGS. For
other than emergency meetings, notice of Board of Directors meetings shalt be posted at
a place on the Common Property at least three (3) days prior to the meeting or notice sitafl
otherwise be provided to each memberof the Association reasonably calculated fo infomr
each member of such meetings. The posting o/ such notices shall be at a reasonable
location which has been generally publicized to the Owners.
3.1s. TELEPHONIC MEETINGS. In the event of an emergency, telephonic meetings
may be held by the Board of Directors. Such telephonic meetings shall be carried on by
means of a "conference call" in which each Director may speak with any of the other
Directors. The Directors shall keep telephone numbers on fife with the President to be used
for telephonic meetings. No notice to either Directors or Association members shall be
required for a telephonic meeting of the Board of Directors fo be held for any emergency
PAGE 9 • BYLA WS OF DAISY CREEK VILLAGE HOMEOWNERS' ASSOCIATION, INC.
action.Provided,however, no such telephonicmeetingshalloccurunlessatleastseventy-
five percent (75%) of the Board of Directors participate in the same and after an attempt
has been made to call each Director of the telephone number maintained on file with the
Board of Directors for such purpose,
manner, ex ceptfo pout of-pocket ex1 Rense~Runless~uchtcomhenl cation s penroved bn vote
of the Owners. p p APP Y
ARTICLE 4
OFFICERS
4.1. DESIGNAnON. The principal officers of the Association shall be a President,
a Secretary and a Treasurer; all of whom shall be elected by the Directors. „The Directors
mayappoint an assistant treasurerand an assistant secretary, and any such otherofficers
as in their judgment maybe necessary.
4.2. ELECTION OFOFFICERS. The officers o(the Association maybe elected by the
Board of Directors at the organizational meeting of each new board or any board meeting
thereafter, and shall hold office at the pleasure of the board.
4.3. REMOVAL OFOFFICERS. Upon an afTrmative vote ofa ma%ority of the members
of the Board of Directors, any officer maybe removed, either with or without cause, and
Iris or her successor elected at any regular or special meeting of the Board of Directors.
a.4. PRESIDENT. The President shall be the chief executive officer of the
Association. The President shat! preside at all meetings of the Association and o/the Board
o/ Directors. The President shall have all of the general powers and duties which are
usually vested in the office of president of an association, including, but not limited to, the
power to appoint committees from among the Owners from time to time as he orshe may
in his or her discretion decide is appropriate to assist in the conduct of the affairs o/the
Association.
4.5. SECRETARY. The Secretary shall keep the minutes of all meetings o/ the
Board of Directors and the minutes of all meetings of the Association; he orshe shall have
charge of such books and papers as the Board of Directors may direct; and he orshe shall,
in general, perform all the duties incident of the office of Secretary.
4.6. TREASURER. The Treasurershall have responsibilifyforAssociationfunds and
securities not otherwise held by the managing agent, and shalt be responsible for keeping
full and accurate accounts of all receipts and disbursements in books belonging to the
Association. He orshe shat/be responsible forfhe deposit ofall monies and other valuable
effects in the name, and to the credit, of the Association in such depositories as may from
time to time be designated by the Board of Directors.
4.7. DIRECTORS AS OFFICERS. Any DlreCtOr may be an offCer o(fhe ASSOCIaflon.
ART/CLE 5
OBLIGATIONS OF THE OWNERS
5.1. ASSESSMENTS. All Owners are obligated to pay assessments imposed by the
Association to meet all the Association's general common expenses as more particu/ariy
set forth in the Declaration. Assessments shall be payable on a periodic basis, not more
frequently than monthly, as determined by the Board of Directors. All initial, general and
special assessments shall be allocated equally among the Lofs, except that improved and
PAGE 10 -BYLAWS OF DAISY CREEK VILLAGE HOMEOWNERS' ASSOCIATION, INC. ' Q
unimproved Lofs shall be assessed in different manners, as described in Section 8.2.2 of
~. the Declaration.
kept it s an a count Mw th aFSaEe and Aespons'b eUdepositary,s hat! becaccounfedf foe
separately and, if invested, the obligation or security shall be fully guaranteed as to
principal by the United States ofAmerica orone ofits agencies. Assessments paid into the
reserve accounts are the property o(the Association and are not refundbble to sellers of
Lots. Provided, however, nothing herein shall prevent sellers of Lots from treating their
outstanding allocable share of reserve accounts as a separate or reimbursable item in a
sales agreement. No Owner shat! have any individual rights in any of these reserves,
although it is understood that the value of theirrespecfive Lots may increase in proportion
to each Lot's right to receive repair, maintenance and replacement there from.
5.3. INITIAL ASSESSMENT. The initial assessment to Owners shall be based on a
budget determined by the Declarant. The monthly assessment shall thereafter be subject
to review by the Board of Directors. The budget and lot assessments for all Lots shall be
payable from the date the Declaration is recorded.
5.3.1 At the time of closing, each purchaser shall contribute a sum equal to three
(3J times the monthly assessment as a one-time contribution to the budget of the
Association, together with such sums as maybe required pursuant fo the Declaration and
the sales agreement. In the event that the monthly assessments are reduced pursuant to
the authority granted to the Declarant herein, the initial deposit to the Association budget
equal to three (3J times the monthly assessment shall be based on the projected amount
of such assessments after substantial or full occupancy of the Lots rather than on the
reduced assessment.
5.3.2 !f the Declarant or any other person pays all or a portion of the operating
expenses of the Association or subsidizes such expenses, the monthly assessment shall
be reduced by such amount, but shall not be reduced to a sum less than the fota/amount
of all insurance and al! replacement reserve items for Lots improved with substantially
completed Living Units, and the liability insurance and Common Property Reserve items.
In respect to Lots not yet conveyed by the Declarant, the Declarant may accrue the
replacementreservettem§, but not the insurance reserve items. Af the time ofconveyance
of the Lot for which the replacement reserve has been accrued, the accruedreserves must
be paid to the Association.
The Declarant, or such other person paying a!1 or a portion of the operating
expenses orsubsidizing such expenses, shall give ten (70) days written notice to individual
Owners prior fo the commencement of theirobligation to pay the full monthly assessment.
Thereafter, each Owner, including the Declarant or such other person, shall pay the
monthly assessments to the Association. In the event the Declarant has collected initial
assessments from purchasers at closing and thereafter elects to pay or subsidize the
operating expenses thereby causing the assessment to be reduced, the one time initial
contribution collected from Lot purchasers shall be held by the Declarant in a separate
Association account. On the date Owners are required to pay full monthly assessments,
the aggregate sums held in such separate account shall be deposited to the Association's
genera! account fo be used as worfcing capita/.
5.3.3 If the Association expenses are temporarily Less than projected by the
Declarant because some or most of the Lots are not yet sold or occupied, the Declarant
shall have the authority to temporarily reduce the monthly assessment to reflect the lower
expenses of the project.
5.4. INITIAL ASSESSMENT OF LOTS SUBJECTED 1N THE FUTURE. The initial
assessment forowners of Lots subjected to the Declaration subsequent to the submission
PAGE f 1 • BYLAWS OF DAISY CREEK VILLAGE HOMEOWNERS' ASSOCIATION, INC. ~'
of Phase 7 to the Declaration shall be an amount equal to three (3) limes the monthly
~r assessment then in effect, plus a prorated portion of the assessment for the assessment
installment period during which the Lots in such phases are annexed. Thereafter, the
owners of such Lots shall be assessed directly by the Association. The initial assessment
equal to Three (3) times the current monthly assessment shall be a one-time contribution
of working capital to Daisy Creek Village. The total initial assessment of Lots subsequently
subjected fo the Declaration shall be collected by the Declarant and flelivered to the
Association within thirty (30) days from the time such Lots are annexed. Upon the
annexation of additional Lots, the Board of Directors shalt promptly prepare a new budget
reflecting the additional Lots and shall recompute any previous assessment covering any
period after the annexation.
5.5. SPECIAL ASSESSMENTS. The Board of Directors shall have the power to levy
special assessments against an owner or all owners in the fopowing manner for the
/ollowing purposes:
5.5.1 To correct a deficit in the operating budget by vote of a majority of the Board;
5.5.2 To collect amounts due to the Association from an owner for breach of the
owner's obligations under the Declaration, these Bylaws, or the Association's rules and
regulations, by vole of a majority of the Board;
5.5.3 Upon vote of a majority of the Board of Directors, to make repairs or
renovations to the common area or (hose portions of the buildings for which the
Association has maintenance responsibility if sufficient refunds are not available from the
operating budget or replacement reserve accounts; or
5.5.4 To make capital acquisitions, additions or improvements, by vote of at least
seventy-five percent (75%) of all votes allocated fo Lots in the Planned Community.
5.6. PAYMENTOFASSESSMENTS. Subject to the provisions of Section 5.3, lrom fire
date of the conveyance o(fhe first Lot to a person otherthan the Declarant, the Declarant
shall:
5.s.1 Pay assessments due for operating expenses on all unsold Lots; and
`~ 5.6.2 Pay assessments due for reserves on aNvnsold Lots, or, at the Declarant's
option, pay or require the Owner fo pay all accrued reserve assessments against the Lot
at the time of the initial sale fo the Owner.
5.~. DEFAULT. Failure by an Owner to pay any assessment of the Association
shal(be a defaultby such Ownerofhis orherobligationspursuant fo these Bylaws and the
Oregon Punned Community Act. In addition to the interest which maybe charged on
delinquent assessments, the Board of Directors, at its option, may impose a late charge
penalty in respect to any monthly assessment not paid within ten (10) days from the due
date. Such penalty may not exceed the sum of ten percent (10%) o/ the monthly
assessment. The Association slral! be entitled to a lien which may be enforced upon
compliance with the provisions of the Oregon Planned Community Act. In any foreclosure
suit by the Association with respect to such lien, the Association shall be entitled to collect
reasonable rent from the defaulting Owner for the use of his or her Lot or shall be entitled
fo the appointment of a receiver. Any default by the Owner in any provisions of these
Bylaws or of the Oregon Planned CommunifyAct shall be deemed to be a default by the
Owner of any mortgage to which the Owner is a party or to which the Lot is subject.
5.8. MAINTENANCE AND REPAIR.
s.s.i Except as otherwise specificagy provided in the Declaration and Bylaws,
every Owner must perform prompt/gall maintenance and repair worfc within his orher own
PAGE 12 -BYLAWS OF DAISY CREEK VILLAGE HOMEOWNERS' ASSOCIA T/ON, INC. I
Lot, which if omitted would affect the party wall(s) or Common Property, and shall be
~r responsible for the damages and liabilities that his or her failure to do so may cause.
5.8.2 All repairs of internal installations of each Living Unit, such as wafer, lights,
gas, power, sewage, telephones, air conditioners and sanitary installations, doors,
windows, lamps and af! other accessories belonging fo the Living Unif area shall be of the
sole expense of fhe Owner of such Living Unit.
5.8.3 An Owner shall reimburse the Association for any expenditures incurred in
repairing or replacing any Common Property and/or facility damaged through his or her
/ault, not otherwise covered by insurance policies carried by the Association for the
Owner's and Association's benefit.
5.8.4 The Association has responsibility to maintain the exteriorof the Living Units
as more particularly set forth in the Declaration.
5.9. RIGHT OF ENTRY• ENCROACHMENTS• EASEMENTS FOR MAINTENANCE.
5.9.1 In case of an emergency originating in or threatening his or her Lot, an Owner
shall grant the right of entry to the management agent or to any other person authorized
by the Board of Directors or the Association, whether the Owner is present at the time or
not.
5.9.2 An easement is reserved to the Association in and through any Lot and the
Common Property providing access at reasonable times and with reasonable notice for
purposes of maintenance, repair and replacement of the Common Property. If, in the
process of such repair and maintenance by the Association, it is necessary fo alter or
damage any Lot or Common Property, such alterations or damages will be permitted
without compensation, provided the Lot and/or Common Property are promptly restored
to substantially their prior condition by the Association.
ARTfCLE 6
USE AND OCCUPANCYRESTRICT/ONS; RULES OF CONDUCT
Failure by an Owner (his family, invitees or lessees) to comply with the rules of
conduct and restrictions set forth in the Declaration, these Bylaws or others promulgated
by the Board of Directors shall be cause for which the Board of Directors may deny or
restrict such Owner's right to use any common facility with respect to which such Owner
otherwise had a right of use. In addition to the restrictions and rules of conduct set forth in
the Declaration, the following shall apply:
6.1. USE OF THECOMMONPROPERTY. No Ownershal(place or cause to be p/aced
on any portion of the Common Property any trash, structure, equipment, improvement,
furniture, package or object of any kind. Such areas shalt be used for no purpose other
than what is nomtal.
e.2. DOMESTIC ANIMALS. No poultry, fowl, livestock, horses orotheranimals shall
be kept on any Lot, except that the Owner of each Lot may keep not more than two pets,
only dogs or cats, which shall be confined to enclosed areas on such Owner's Lot orshaJl
be kept on a leash in the Owner's presence. Any Owner wishing to keep a dog or cat on
the Property must registersuch pet with the Board. Additionally, Owners of pets shaft abide
by alt applicable leash laws and sanitary regulations. Dogs and cats shall not be kept, bred
or raised for commercial purposes. The Board of Directors shall have the right to require
any Owner to remove any pet That is a nuisance orthat interferes with the right to the quiet
enjoyment by the owner and occupants of Living Units. Any dispute arising out of this
PAGE 13 -BYLAWS OF DAISY CREEK VILLAGE HOMEOWNERS' ASSOCIATION, INC, 13
Section shall be decided by a majority of the Board of Directors. Any decision of the Board
on this matter shall be binding upon the member or members affected.
6.3. APPEARANCE OF LIVING UNITS. No Owner will cause anything to be hung,
displayed, or placed on the walls, doors, windows, roof or exterior of any Living Unit or
otherwise change the appearance of any Living Unit wifhoul compliance with the
Declaration and Bylaws. No "For Sale" signs, will be allowed on any part, of the Property
without the prior wntten consent of the Board of Directors, except that thb Declarant may
post, reasonable signs in reasonable places on the Property advertising any unsold Lot for
sale.
6.4. NUISANCES. No nuisances will be allowed upon the Property, nor any use or
practice that is the source of annoyance to residents or which interferes with the peaceful
possession and proper use of the Property by its residents. Residents shall exercise
extreme care about creating disturbances, making noises or using musical instruments
radios, televisions and amplifiers that may disturb other residents. All parts of the Project
will be kept in a clean and sanitary condition, and no rubbish, refuse or garbage allowed
to accumulate, nor any fire hazard allowed to exist. Alt such garbage and trash shall be
placed inside disposal containers. No Owner will permit any use of his or her Lot or make
any use of the Common Property that will increase the cost ofinsurance upon the Common
Property.
No Owner shall hang garments, rugs and similar items from the windows or from
any of the facades, decks or doors of the Living Units, nor shall any Owner hang or shake
dust rags, mops and similar items from the windows or porches or decks, or clean such
items by beating on an exterior part of the Living Unit.
6.5. IMPROPER. OFFENSIVEOR UNLAWFUL USE. No improper, offensive or unlawful
use will be made of the Property nor any part of it; alt valid laws, zoning ordinances and
regulations of governmental bodies having jurisdiction will be observed. The responsibility
of meeting the requirements of governmental bodies for maintenance, modification or
repair of the Property will be carried out and paid for in the same manner as the
responsibility for the maintenance and repair of the Property concerned.
6.6. TRASH COLLECTION AND STORAGE. No trash or unsightly material Shall be
`, dumped or stored upon any Lot or any of the Common Property. All trash and trash cans
shall be concealed behind such structures as may properly be built pursuant to this
Declaration, and may be left outdoors only for the period reason ably required for collection
and removal
6.7. VEHICLE RESTRICTIONS. VehiculartrafFc on the parking areas and driveways
on Property shall be limited to five (5) mites per hour as a safety precaution. This speed
limit shall apply to bicycles, motor scooters, motorcycles, automobiles and trucks. No
recreational vehicles, campers, trailers, boats, boat trailers, vehicles in disrnpairorsimilar
objects maybe parked or kept outdoors on any Lot or the Common Property.
6.8. SKATEBOARDS AND ROLLER BLADES PROHIBITED. No skateboards or roller
blades, roller skates or similar items shalt be permitted on any portion of the Property,
including, without limitation, any street, sidewalk, driveway or any other portion of any Lot
or Common Property.
6.9. USEOFRECREAT/ONANDCOMMONFACIUTIES.Allrecreafionalareasandother
Common Property are provided for the use of the Owners and their guests. Rules and
regulations maybe adopted by the Board of Directors, setting out the hours the various
facilities will be available for use, and the conditions attendant thereto. Compliance with
PAGE 1I -BYLAWS OF DAISY CREEK VILLAGE HOMEOWNERS' ASSOCIATION, INC.
such rules as determined by the Board of Directors is essential to the harmonious
operation of the facilities.
6.10. ADDITIONAL RULES. Rules and regulations concerning other use of the
Property maybe made and amended from time to time by the Board of Directors. Copies
of such rules and regulations will be furnished to all Owners and residents of the Project,
upon request.
ARTICLE 7
INSURANCE
The Board of Directors shall obtain and maintain at all times insurance of the type
and kind and in the amounts hereinafter provided, and including insurance for such other
risks of a similar or dissimilar nature as are or shall hereafter customarily be covered with
respect to otherplanned communities similarin construction, design and which insurance
shall be governed by the provisions in this numbered section.
7.1. TYPES OF INSURANCE POLICIES. For the benefit of the Association and the
owners, the Board of Directors shat! obtain and maintain at all times, and shall pay for out
of the common expense funds, the following insurance to the extent available at
reasonable cost:
7.1.1 A policy or policies of property insurance including, but not limited to, /ire,
extended coverage, vandalism and malicious mischief, for the full insurable replacement
value, if available, of a!1 Living Units and common property, and such other fire and
casualty insurance as the Board o/Directors shall determine, to give substantially equal
or greater protection to the owners and their mortgagees, as their respective interests
appear. which said policy orpolicies shall provide fora separate loss pa able endorsement
in favor of the mortgagee or mortgagees, o/each Living Unit, if any. For the purposes of
any policy orpolicies offire insurance, the term "building"shall include fixtures, installations
or additions comprising a part of the building within the unfinished interior surfaces of the
perimeter walls, floors and ceilings of the individual Living Units initially installed or
replacement thereof, in accordance with the original plans and speciFcations, or instaNed
by or of the expense of any owner or owners of a Living Unif.
7.1.2 A policy or policies insuring the Association, its Board of Directors, the
owners individually, and the manager against any liability to the public or the owners and
their invitees or tenants, incident to the ownership, supervision, control or use of the
project. Limits of liability under such insurance shall be not less than $1,000,000 per
occurrence for bodily injuries and property damage liability. Such limit and coverage shall
be reviewed at least annually by the Board of Directors which may increase the limit of
and/or coverage, in its discrefiorl. Said policy or policies shall be issued on a
comprehensive liability basis and shall provide cross liability endorsements wherein the
rights of the named insured under the policyor policies shall not be prejudiced as respects
his, her or their action against another named insured.
7.1.3 Workers`compensationinsurance to the extentnecessary to complywith any
applicable laws.
7.1.4 A fidelity bond naming such persons as maybe designated by the Board of
Directors as principals and the Association and the owners as obligees, for the amount
determined by the Board of Directors. Provided, however, the Board of Directors shall
require that all officers and employees of the Association handling or responsible for
Association funds obtain adequate fidelity bonds. The premiums on such bonds shall be
paid by the Association.
PAGE 15 -BYLAWS OF DAISY CREEK VILLAGE HOMEOWNERS' ASSOCIATION, INC.
'`r The Association shall not be responsible for any loss or damage to persona!
property of any owner, whether stored on the common property or in the owner's Living
Unit, nor shall the Association maintain any insurance coverage for such loss.
7.2. INSURANCE COMPAN/ES AUTHORIZED. All policies shall be written by a
company licensed to do business in Oregon and holding a "Commissioner's rating" of'A+"
and a size rating of 'AAA, " or better, by Best's Insurance Reports, or as maybe otherwise
acceptable fo all mortgagees and directors.
7.3. AUTHORITY TO ADJUST LOSSES. A!1 losses under policies hereafter in force
regarding the property shall be settled exclusively with the Board of Directors or ifs
authorized representative; provided, however, that where a first mortgagee has been
designated as a loss payee by an owner and such first mortgagee has requested the
opportunity to exercise the rights provided by this Section, such mortgagee shallbe entitled
to settle losses as to the mortgaged Living Unit, provided that the loss which occurs is
severable. Releases and proofs of loss shalt be executed by at least two directors.
7.4. VALUE OF OWNER IMPROVEMENTS. Ea Ch Owner mUSt inform the Board of
Directors of the value of improvements made to his or her Living Unit in excess of One
Thousand Dollars ($1,000) so that the Board of Directors may make any desired
adjustments in insurance coverage. Nothing in this paragraph shall permit an owner to
make improvements without first obtaining the approval of the Board of Directors pursuant
to Article 4 of the Declaration.
7.5. PROVISIONS IN INSURANCEPOUCIES. The Board of Directors shall make every
effort to secure tnsurance policies that wit! provide for the following:
7.5.1 A waiver ofsubrogation by the insurer as to any claims against the Board of
Directors, the manager, the owners and their respective servants, agents and guests.
7.5.2 A provision that the master policy on the Property cannot be cancelled,
invalidated orsuspended on account of the conduct of any one ormore individual owners.
7.5.3 A provision that the master policy on the Property cannot be canceled,
invalidated or suspended on account of the conduct of any officer or employee of the
`, Board of Directors or the manager without prior demand in writing that the Board of
Directors or manager cure the defect.
7.5.4 A provision that any "no otherinsurance"clause in the masterpolicy exclude
individual owners' policies and not otherwise prevent such individual policies from providing
coverage for damage to Living Units or common property.
7.6. RECONSTRUCTION COSTS. 1( the Association is required or elects to
reconstruct any of the common property or Living Units which have been damaged or
destroyed, all affected owners (i. e. owners whose Living Units have been damaged or
destroyed) shall contribute to the Association all amounts received by them from property
loss insurance policies to help pay for the repairs. To the extent such insurance proceeds
are unavailable or unpaid when needed, the Association shall assess any owner the
amount of the Association's "deductible" under ifs policy to pay the cost of repairing or
reconstructing such owner's Living Unit. Such assessment shall be both a persona!
obligation of such owner and a lien against such owner's unit in the same manneras any
other Association assessment.
7.7. 1NSURANCE DEDUCTIBLE/OWNER AND TENANT INSURANCE. The Board of
Directors shall determine the amount of the deductible for property loss insurance policies,
as weN as other insurance policies required fo be procured by the Association under this
PAGE 16 -BYLAWS OF DAISY CREEK VILLAGE HOMEOWNERS' ASSOCIATION, INC. ~ 6
Article 7. In determining the deductible under the policies, the Board, among other factors,
shall take into consideration the availability, cost, and toss experience of the Association.
In this regard, as in other Board responsibilities, the Board members shall exercise their
reasonable business judgment.
The Association shall have no responsibility to procure or assist in procuring
property loss insurance for any owner or tenant tor. (a) damage fo a, Living Unit not
covered by the Association's policy (because of the deductible amount or because the
claim for loss or damage is one not normally covered by fire and property loss insurance
policies with extended coverage endorsements); or (bJ for any damage or loss to the
owner's or tenant's personal properly.
Owners shat! be responsible for ppurchasing insurance policies insuring their Living
Units for the deductible amount underthe Association's policies and forinsuring theirown
personal property for any loss or damage. Tenants shall be responsible for insuring their
own personal property for any loss or damage. The Board of Directors shall notify al!
owners of the amount of the deductible under the Association policies. To the extent
reasonably practicable; the Board of Directors shall give at least 30 days notice to the
owners of any increase in the deductible proposed in renewal or replacement insurance
policies. Owners and tenants of all Living Units shat/procure and maintain comprehensive
liability policies having combined limits of not less than $50, 000 foreach occurrence. Such
insurance shall provide coverage /or, but not limited to, the negligent acts of the owner(s)
and tenant(s) and their guests or other occupants of the Living Unit(s) for damage to the
common property and other Living Units and the personal property of others located
therein.
7.8. REVIEW OFINSURANCEPOLICIES.Atleasfannually,fhe8oardofDirectorsshall
review all insurance carried by the Association, which review shall include a consultation
with a representative of the insurance carrier writing the master policy.
ARTICLE 8
AMENDMENT
Except as otherwise provided in this Article, and the restrictions set lorth elsewhere
herein, these Bylaws maybe amended at any time 6y an instrument approved by of least
a majority of the total votes of each class of members that are eligible to vote. Any
amendment must be executed, recorded and certified as provided by taw. Provided,
however, no amendment of the Bylaws mayeffect an amendment of the Declaration or the
Articles of Incorporation without compliance with the provisions ofsuch documents and the
Oregon Nonprofit Corporation Act. Provided further no amendment deleting or affecting
any right of the Declarant may be adopted without the prior written consent of the
Declarant.
ARTICLE 9
RECORDS AND AUDITS
s. t. GENERAL RECORDS. The Board of Directors and the managing agent or
manager, if any, shall preserve and maintain minutes of the meetings of the Association,
the Board and any committees. The Board of Directors shall maintain a list of Owners
entitled to vote of meetings of the Association and a list of all mortgagees of Lots. The
minutes of the Association, the Board and committees, and the Association's financial
records shall be reasonably available for review and copying by the Owners. A reasonable
charge maybe imposed by the Association for providing copies.
PAGE 17 -BYLAWS OF OA/SY CREEK VILLAGE HOMEOWNERS' ASSOCIATION, INC.
9.2. RECORDS OF RECEIPTS AND EXPENDITURES. The Board of Directors or its
designee shall keep detarled, accurate records in chronological order of the receipts and
expenditures alfecfing the Common Property, itemizing the maintenance and repair
expenses of the Common Property and any other expenses incurred. Such records and
the vouchers authorizing the payments shall be available for examination by the Owners
and mortgagees at convenient hours of weekdays.
s.3. AssESSMENr ROLL. The assessment roll shall be maintained in a set of
accounting books in which there shall be an account for each Lof. Such account shall
designate the name and address ofthe OwnerorOwners, the amount ofeach assessment
against the Owners, the dates and amounts in which the assessment comes due, the
amounts paid upon the account and the balance due on the assessments.
9.4. PAYMENT OF VOUCHERS. The Treasurer shalt pay all vouchers up fo $5, 000
signed by the President, managing agent, manager or other person authorized by the
Board of Directors. Any voucher in excess of $5,000 shat! require the signature of the
President. Provided, however, any withdrawal from reserve accounts shall require the
signature of two board members or one board member and an officer of the Association
who is not a board member.
s, 5. REPORTS AND AUDITS. The Board of Directors shalt prepare or cause to be
prepared an annual report of the receipts and expenditures of the Association and a
balance sheet and income and expense statement setting forth the financial condition of
the Association as of the end o/ each year. The report shall be prepared according to
generallyacceptedsccounting procedures and shall be distributed to allOwners and to all
mortgagees of Lots within ninety (90J days after the end ofeach frscal year. At any time
any Owner or mortgagee may, of his or her own expense, cause an audit or inspection to
be made of the books and records of the Association.
9.6. NOTICE OF SALE MORTGAGE RENTAL OR LEASE. Immediately upon the sale,
mortgage, rental or lease of any Lof, the Owner shall promptly inform the Secretary or
manager of the name and address of said vendee, mortgagee, lessee, or tenant.
ARTICLE 70
COMPLIANCE
These Bylaws are intended to comply with the provisions of the Oregon Planned
Community Acf, which are incorporated herein and fo supplement the provision in the
Project Declaration. /n case any of the provisions hereof conflict with the provisions o(said
statutes, the statutory provisions shall apply. In case of any conflict between the provisions
hereof and the Declaration, the provisions in the Declaration shall apply.
ARTICLE 11
INDEMNIFICATION OF DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS
The Association sha/1 indemnify any Director, officer, employee or agent who was
or is a party or is threatened fo be made a party to any threatened, pending or completed
action, suitor proceeding, whethercivil, criminal, administrative orinvestigative (otherthan
an action by the Association) by reason of the fact that he or she is or was a Director,
officer, employee or agent of the Association or is or was serving at the request of the
Association as a Director, officer, employee or agent of another corporation, partnership,
joint venture, trust or other enterprise, against expenses (including aftomey fees),
judgments, fines arrd amounts paid in settlement actually and reasonably incurred by said
person in connection with such suit, action or proceeding if he or she acted in good faith
PAGE 18 -BYLAWS OF DAISY CREEK VILLAGE HOMEOWNERS' ASSOCIATION, INC.
and in a manner he or she reasonably believed to be in, or not opposed to, the best
interest of the Association, and, with respect to any criminal action or proceedings, had no
reasonable cause to believe his or her conduct was unlawful. The termination of any
action, suit or proceeding byjudgment, order, settlement, conviction, or with a p/ea of no
contest or its equivalent, shaft not of itself create a presumption that a person did not act
in good faith and in a manner which he orshe reasonably believed fo 6e in, ornot opposed
to, the best interest of the Association, and, with respect to any criminal action or
proceedings, had reasonable cause to believe his orherconduct was unlawful. Payment
under this clause may be made during the pendency of such claim, action, suit or
proceeding as and when incurred, subject only to the right of the Association, should it be
proven at a later time that said person had no right to such payments. All persons who are
ultimately held liable for their actions on behalf of the Association as a Director, officer,
employee or agent shall have a right of contribution over and against all other Directors,
officers, employees or agents and members of the Association who participated with or
benefitted from the acts which created said liability.
ARTICLE 12
ASSESSMENT COLLECTION COSTS; SUITS AND ACTIONS
Owners shall be obliged to pay reasonable fees and costs including, but not limited
to, attomey fees incurred in connection with efforts to collect any delinquent unpaid
assessments. 1n addition to the monthly assessment for operating expenses and the
funding of reserves, such assessments may include fees, late charges, fines and interest
imposed pursuant to the Oregon Planned Community Acf. In the event legal action is
commenced by the Directors for the collection of any amounts due pursuant to these
Bylaws or for the enforcement of any provisions of the Declaration, Bylaws or of the
Oregon Planned Community Act, the Owner or Owners, jointly and severally, will in
addition to all other obligations, pay the costs of such suit or action, including reasonable
attorney fees to be fixed by the trial court and, in the event of an appeal, the cost of the
appeal, together with reasonable attorney fees in the appellate court to be fixed 6y such
court.
ARTICLE 13
`r MISCELLANEOUS
13.1. NOTICES. Afl notices to the Association or to the Board of Directors shall be
sent care of the managing agent, or if there is no managing agent, to the principal office
of the Association or to such other address as the Board of Directors may hereafter
designate from time to time. Alt notices to any Ownershall be sent to such address as may
have been designated byhim orher(rom time to time, in writing, to the Board of Directors,
or if no address has been designated, then to the Owner's Lot.
13.2. WAIVER. No restriction, condition, obligation or provision contained in these
Bylaws shall be deemed to have been abrogated or waived by reason o(any failure fo
enforce the same, irrespective of the number of violations or breaches thereof which may
occur.
13.3. fNVAUD/TY: NUMBER: CAPTIONS. The invalidity of any part of these Bylaws
shalt not impair or affect in an y manner the validity, enforceability or effect of the balance
of these Bylaws. Provided, however, that if any of the provisions of these Bylaws would
violate the rule against perpetuities or any otherlimitation on the duration of the provisions
herein contained imposed by law, then such provision shall be deemed to remain in effect
only for the maximum period permitted by law, or in the event the rule against perpetuities
applies, until twenty-one (21 J years aRer the death of the last survivor of the now living
PAGE 19 -BYLAWS OF DAISY CREEK VILLAGE HOMEOWNERS' ASSOCIATION, INC. ~ q
descendants of Eric Arfner. As used herein, the singular shall include the plural, and the
plural the singular. The masculine and neuter shall each include the masculine, /eminine
and neuter, as the context requires. Alt captions used herein are intended solely for
convenience of reference and shall in no way limit any of the provisions of these Bylaws.
!t is hereby certified that these Bylaws have been adopted by Daisy Creek Village,
LLC, an Oregon Limited Liability Company, Declarant of Daisy Creek Village, a Planned
Community, and will be recorded in the Deed Records of Jackson County, together with
the Declaration for said Planned Community., after said Declaration and Bylaws are
approved by the Assessor o/said County.
DATED this ~ ~ day of October, 2004.
DAISY CREEK VILLAGE, LLC
/_'~
B YERIC ARTNER
ITS MANAGING MEMBER
STATE OF OREGON )
ss
County of Jackson )
On this t B' day of October, 2004, before me personaNy appeared ERIC ARNTER,
MANAGING MEMBER OF DAISY CREEK VILLAGE, LLC, AN OREGON LIMITED LIABILITYCOMPANY,
and acknowledged the foregoing instrument to be his voluntary act and deed.
,~'
OFF'ICiAL SEAL
TIFFANY L. POOL
~ NOIAN~ PUBLIC-OREGON
C061Mi3;lON N0. 969620
MY COMMISSii?t- c ~:°~ZES JUNE 15, 2007
~ _r~: 4.G:~~~
~d~l~/I11~~7~~,~ AJl`C
NotaN4/ Pub~CE'for Oregon
Commission Expires: dune Is+aoo7
PAGE 20 -BYLAWS OF DAISYCREEK VILLAGE HOMEOWNERS' ASSOCIATION, INC. aQ
EXHIBIT "A"
DAISY CREEK VILAGE
Phase 1 Exterior 8aundary Description
All that real property situated within a portion of Lot "A" of the Cooksey Addition to the
City of Central Point, being located within Donation Land Claim Number 53, in the
Northeast One-quarter of Section 10, '1•ownship 37 South, Range 2 West of the
Willamette Meridian, in the City of Central Point, Jackson County, Oregon, more
particularly described as follows:
Commencing at the Southeast Corner of Lot "A" of COOKSEY AUDITION to the Cily
of Central Point, Jackson County, Oregon; thence North 35°09'30" West, 210.83 feet
(Record: 211.2 feet), to a 2 inch iron pipe munumenting the True Point of Beginning;
thence continuing North 35°09'30" West, 528.74 feet (Record: 528.75 feel); thence
South 54°51'OU" West, !29.05 feet (Record: 129.20 feet), to the southwesterly line of
tract described in Document Number 77-26988, of the Official Records of Jackson
County, Oregon; thence along said southwesterly line, South 34°4744" bast, 396.91 feet
(Record: 397.21 (eet); thence South 11°56'00" East. 83.86 feet (Record: South 1 I °56'
East, 83.62 feet), thence Nurlh 73°14'51" East, 173.51 feet (Record: 173.52 feet), to the
True Point of Beginning.
Containing 1.55 acres more or less.
Basis of bearings for this description is Geodetic North based on WGS datum, attained by
Global Positioning System (GPS) observations. Basis applied to the centerline of fine
Street.
NEATHAMER Sf/RVEYING
INC REGISTERED
,
3126 State Street, Suite 2uu -PROFESSIONAL
PO Box 1584 LAND SURVEYOR
Medford, Oregon 97501
Phone: (541) 732-2869 ~A ~• IhAthQslrH
Fax: (541) 732-1382 OREGON
JULY 09, 2001
CAEI E. NEATHAMER
lS 56545
RENEWAL DEC. 31, ~'
~, a i
Jackson County Otfiaal Records 2004-062593
R-DR
Cnt= i Stn=4 SHAWBJ 10128/2004 11; 58:27 AM
S205 DO 85.00 511 00 TotaI:S221.00
109744820000825930410017
I. K~lhlan 1. 6•cM•n, Ceunry CIHM ror J~cKwn county, Onpon,
c•nNy thN 1M Inolnim•ra Id•ntM•d Mr•M vn~ ncero•d M ih• CI•rt
ncorb.
Kathleen S. Becket) -County Clerk
DECLARATION OF COVENANTS, CONDITIONS 8 RESTRICTIONS
FOR
DAISY CREEK VILLAGE
A PLANNED COMMUNITY TO THE CITY OF CENTRAL POINT, OREGON
This Declaration is made and executed in Jackson County, Oregon, this $~
day of October, 2004, by DAISY CREEK VILLAGE, LLC, AN OREGON LIMITED LIABILITY
COMPANY, hereafter referred to as "Declarant".
The Cify of Central Point has issued its approval for DAISY CREEK VILLAGE, a
Planned Community located in the City of Central Point, Jackson County, Oregon. The
Heal property is described on Exhibit "A"attached hereto.
Declarant reserves the right, but not the obligation, to annex additional property
and to subject the additional property to the terms and provisions of this Declaration,
the Articles and the Bylaws, as the same may be amended or supplemented. There is
no limitation on the number of lots which maybe added to DAISY CREEK VILLAGE and
the common property adjacent thereto. The property which in the future maybe
annexed is described on Exhibit "13." The Declarant may annex all or a portion of this
property fo the Declaration in one or more supplemental declarations. There is no
requirement that the Declarant annex any additional property,' however, Declarant is
reserving the right to annex additional as provided herein in its sole discretion.
Declarant intends to form a homeowner's association for the purpose of
preserving the values and amenities in the community. Declarant will create a nonprofit
corporation pursuant to ORS Chapter 65. Declarant intends to adopt, on behalf of the
association, the initial bylaws required under ORS 94.625 to govern the administration of
1 - DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR DAISY CREEK
VILLAGE
Description: Jackson,OR Document-Year.DoclD 2004.62593 Page: 1 of 41
Order : o Comment
the planned community. The bylaws o(the homeowner's association shall be recorried
in the Official Records of Jackson County, State of Oregon, as mandated by ORS
94.625. The name of the nonprofit corporation shah be the DA1sY CREEK wLLAGE
HOMEOWNER'S ASSOCIATION, INC., an Oregon nonpraFf corporation.
NOW, THEREFORE, Declarant declares that the real property described on
Exhibit'A"is and shalt be held and conveyed and occupied subject to the provisions of
the Oregon Planned Community Act, ORS 94.550 to ORS 94.783, and subject to the
easements, conditions and covenants hereafter set forth,' all of which are for the
purpose of enhancing and protecting the value, desirability and attractiveness of said
property. These easements, covenants and conditions shall constitute covenants to
run with the land and shall be binding upon aft persons orenhfies claiming under them
and also these conditions, covenants and restrictions shall inure fo the benefit and be
limitations upon alt future owners of said property or of any interest therein.
ARTICLEI
DEFINITIONS
SECTION 1. ASSOCIATION. 'Association" shat/ mean and refer the Daisy Creek
Village Homeowner's Association, a nonprofit corporation consisting of alt owners in the
Planned Community, their successors and assigns.
SECTION 2. COMMON AREA/COMMON PROPERTY. "Common Area" and "Common
Property" shat/ mean all real property and appurtenances thereto, now or hereafter
owned by the Association for the common use and enjoyment o/the members of the
Association. fn addition, "Common Area" and "Common Property" shall include any
2 - DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR DAISY CREEI(
VILLAGE
a-
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n,-,ao,- • ., r.,~.,.~,e., t
improvements intended to be devoted to the common use and enjoyment of the
owners.
SECTION 3. tIV1NG UNIT. "Living unit" or "unit" shall mean and refer fo any
portion of a structure situated upon the property designed and intended for use and
occupancy as a single family residence.
SECTION ~. MEMBER. "Member" shalt mean and refer to every person or
entity who holds membership in the Association.
SECTION 5. MORTGAGE. "Mortgage" shall mean a Deed of Trust or a Contract of
Sale as well as a Mortgage.
SECTION 6. MORTGAGEE. "Mortgagee" shall also mean a benefrciary under a
Trust Deed or a vendor (seller) under a Contract of Sate.
SECTION 7. OWNER. "Owner" shall mean and refer to the record owner, whether
one or more persons ~or entities, of all or any part of said property but in the case of a
~ sale under a Contract, owner shalt mean the conlracf purchaser.
SECTION 8. DECLARANT. "Declarant" shall mean and refer to the undersigned,
and their successors, heirs and assigns.
ARr~cLE s
GENERAL PLAN OF DEVELOPMENT
SECTION !. COMPLIANCE WITN OREGON PLANNED COMMUNlTYACT. This
Declaration is adopted pursuant to the Oregon Planned Community Act, ORS 94.550 to
ORS 94.783.
SECTION 2. PROPERTY SUBJECT TO TNIS DECLARATION. ThB real property Which is
and shall be held, transferred, sold and conveyed and occupied subject to and pursuant
3 - DECLARATION OF COVENANTS, CONDITIONS ANO RESTRICTIONS FOR DAISY CREEK
VILLAGE
Description: Jackson,OR Document-Year.DoclD 2004.62593 Page: 3 of 41
.,_.a__. ...,........-.~.
to this Declaration is located in the city o1 Central Point, Jackson County, Oregon. The
rest property is more particularly described on Exhibit 'A" and attached: The Declarant
is reserving the right, but not the obligation, fo annex additional property and to subject
(he additional property to the terms and provisions of this Declaration. The property
which in the future maybe annexed is described on Exhibit "B." The legal description of
the common property is described and shown on the plat for Daisy Creek ViOage which
is marked Exhibit "C"and attached. The legal description for the common properly for
Daisy Creek Village, Phase 1, is set out on Exhibit D" and attached.
SECTION 3. DESCRIPTION OF DEVELOPMENT. The Declarant has developed the
property with twenty-two (22) residential lols. Phase 1 contains six ((i) buildings each
containing between two (2) and /our (4) Jiving units. The Declarant contemplates That
a!! improvements will be completed prior to conveyance of a lot to any member.
Through one or more supplemental Declarations, the Declarant intends to create a
planned community of up to fifty-eight (58J lots. The Declarant reserves the right to
abandon or re-plat any portion of palsy Creek Village prior fo the time it is annexed to
the Association.
SECTION 4. IMPROVEMENTS IN THE COMMON PROPERTY. The common property
will be improved with a private street, driveways and landscaping. It is contemplated
that alt improvements will be completed prior to the conveyance of any lot fo any owner.
ARTICLE 3
ANNEXATION OF ADDITIONAL PROPERTY
Declarant has reserved the right to annex additional property to the Association
in its sole and absolute discretion. In the event Declarant expands the Planned
4 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR DAISY CREEK
VILEA GE
Description: Jackson,OR Document-Year.DoclD 2004.62593 Page: 4 of 41
Community by annexing additional lots and/or common property, the /otlowing
provisions shat/ apply, ORS 94.580(3):
SECTION 1. SUPPLEMENTAL DECLARATION. Declarant may, at any lima during
fhe term of this Declaration, add all or a portion of the land described on Exhibit "B" to
the property which is covered by this Declaration and upon recording of a supplemental
declaration, the provision of this Declaration specified in fhe supplement declaration
shall apply to the annexed property in the same manner as if it were orfginally covered
by this Declaration. Thereafter, to the extent this Declaration is made applicable to the
property on Exhibit 8, "the rights, powers and responsibilities of Declarant and owners
of the parcels within the additional property shall be identical to the owners of the
property described on Exhibit 'A. "
The supplemental declaration shall include, but not be limited to the following
provisions:
(A) A reference fo this Dectarafion stating the date of recording and the
recording information where fhe Declaration is recorded.
(f3) A statement that the Covenants, Conditions and Restrictions of this
Declaration or some specifred part shall apply to the additional
property.
(C) A legal description of the additional property.
(D) Such other or different covenants, conditions and restrictions as
Declarant shaft, in its sole and absolute discretion, specify to
regulate and control the use, occupancy and improvement of the
additional property,
SECTION 2. EFFECT OF ANNEXATION. The property included in any annexation
shag become part of DAfSY CREEK VILLAGE, a Planned Community fo the City of Central
5 - DECLARATION OF COVENANTS, CON4ITIONS AND RESTRICTIONS FOR DA/SV CREEK
VILLAGE 5
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Point, State o(Oregon. The Declarant and the Association shat! have and shall accept
and exercise administration of this Declaration with respect to the additional property.
A. NO LIMITATION oN ANNEXATION. There is no limitation on the number of
lots which Declarant may create or annex to DAISY CREEK VILLAGE. There
is no limitation on the right of Declarant to annex additional areas.
8. vorlNG RIGHTS. Upon annexation, the additional lots shall be entitled fo
the voting rights set out in Article 8 entitled "Voting Rights."
C. ADJUSTMENT OF ASSOCIATION EXPENSES. The formula to be used for
reallocating the common expenses if additional lots are annexed and the
manner of reapportioning the common expenses if additional lots are
annexed is set forth in Article 9 entitled "Covenant for Maintenance
Assessments. "
SECTION 3. AMENDMENT OF PLANNED COMMtJNITY. Each owner, by acceptance
of an equal or equitable interest in the owners' Jot, appoints Declarant as owners'
aftomey-in-fact to execute all documents and to take a1J action necessary or reasonably
necessary to obtain approval of such amendments to DAISY CREEK VILLAGES land use
approval.
~' ARTICLE 4
RESTRICTIONS AND MAINTENANCE RESPONSJBILITIES
SECTION i. ALTERATIONS. Except as otherwise specifically provided in this
Declaration, no fence, residential building or other structure of any type shall be
erected, altered, placed, modified or permitted to remain on any lot other than the
original living units as originally constructed or replaced in a mannerhaving a
substantially similar appearance to the original unit.
SECTION 2. COMMON PROPERTY. No owner steal! construct or place any
structure, material, planting, equipment or any object of any kind on any portion of the
6 - DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR DAISY CREEK
VILLAGE I
10'
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common property unless granted prior written permission by the board of Directors, and
then only in strict compliance with the written authorization, ,
SECT~oN 3. WALLS AND FENCES. The walls and/or fences in Daisy Creek
Village shall not be altered unless the owner is granted written permission by the Board
of Directors and then only with strict compliance with the written authorization.
SECTION 4. PARTY WALLS.
4. ?. GENERAL RULES OF LAW TO APPLY. Each wall built as part Of the
original construction of the living units or as a part of reconstruction pursuant to Article
70 of this Declaration upon the property which divides living units and which is placed
on the divided line between the lots shall constitute a party wall, and to the extent not
inconsistent with the provisions of this Article, the general rules of law regarding party
watts shalt apply.
4.2 SHARING OF REPAIR AND MAINTENANCE. The cost of repair and
maintenance of a party wall shall be shared equally by the owners whose living units
are divided by such watt.
4.3 DESTRUCTION BY FIRE OR OTHER CASUALTY. If a party Walt is
destroyed or damaged by fire or other casualty, the provisions of Article 10 of this
Declaration shall apply with regard to repair or reconstruction of such wall.
4,4 weaTHERPROOFiNC. Notwithstanding any other provision of this
Article, an owner who by his or her negligent or willful act causes the party watt to be
exposed to the elements shall bear the whole cost of furnishing the necessary
protection against such elements.
7 - DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR DAISY CREEK
VILLAGE
r
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4.5 R1GNT TO CONTRIBUTION RUNS WITH LAND. The right of any owner
to contribution from any other owner under this Article shall be appurtenant to the land
and shat! pass fo such owner's successor in title.
4.6 ARBITRATION. In the event of any dispute arising conceming a
party wall or conceming the obligation of the owners or the Association pursuant to the
provisions of this Article, each party shall choose an arbitrator, and the arbitrators so
chosen shall choose one additional arbitrator, and the dispute shall be resolving by a
majority of all arbitrators.
SECTION 5. EXTERIOR MAINTENANCE -ASSOCIATION RESPONSIBILITIES. The
Association shall perform aN maintenance, repair and replacement of the exterior o/
living units on lots, excluding doors, door frames, windows and window frames,
skylights and skylight frames (if any), but including, without limitation, the following:
A. Painting or staining of siding, rain gutters, roofs and chimneys.
B. The Association shall perform all maintenance, planning, pruning,
mowing and cleaning of all lawns and landscaping on the property,
including, without limitation, all landscaping and lawns on owner's
lots, excluding only so much o(the same as is completely enclosed
by a fence or courtyard on owner's lots.
C. The Association shall be responsible for the maintenance, repair
and replacement of sanitary sewer lines and any other utility lines
from the connection with the main service tine awned and
maintained by the service provider to a point within or under the
owner's living unit or for water service lines up to the meter
measuring water service to the individual living unit.
SECTION 6. MAINTENANCE -OWNERS RESPONSl81UTlES. Each owner shall
perform all maintenance, repair and replacements of the interior of owner's living unit
and shall perform all maintenance, planting, pruning, mowing and cleaning of all lots
8 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR DAISY GREEK
VILLAGE (~
4
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and landscaping on owner's tot within areas enclosed by a fence or courtyard. Each
owner shall be responsible for the maintenance, repair and replacement of any
improvements or materials located within the area on each owner's lot enclosed by a
courtyard or a fence. Each owner shall be responsible for the maintenance, repair and
replacement of any utility lines, including sanitary sewer tines within and under the
owner's living unit or within or under any area enclosed by a fence or courtyard.
ARTICLE 5
MEMBERSHIP
Every person or entity who is a record owner of a fee or undivided fee interest in
any lot which is subject by covenants of record to assessment by the Association, or in
the case of sale under contract, the contract purchaser, shall be a member of the
Association. The foregoing is not intended to include persons or entities who hold an
interest merely as security for the performance of an obligation. No owner shall have
more than one membership per tot owned. Membership shall be appurtenant to and
may not be separated from ownership of any Lot which is subject fo assessment by the
Association. Ownership of such Lot shall be the sole qualifrcafion for membership and
shall automatically commence upon a person becoming such owner and shalt
automatically terminate when such ownership shall terminate or be transferred.
ARTICLE 6
VOTING RIGHTS
SECTION t, PROxY. Each owner may cast hIs or her vote by absentee ballot or
pursuant to a proxy executed by the Owner. An Owner may not revoke a proxy given
to the person presiding over a meeting of the Association. A proxy shall not be valid if it
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VILLAGE
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is undated or purports to be revocable without notice. A proxy shall terminate one (1)
year after its dafe, unless the proxy specifies a shorter Time.
SECTION 2. yoTING RIGHTS. The Association shall have two (2) classes of voting
members:
(A) CLASS A. Class A members shall be all Owners of Lots other than the
Declarant, and each Class A member shall be entitled to one (7) vote for each Lot
owned with respect to all matters upon which Owners are entitled to vote.
(B). CLASS e. Class 8 members shall be the Declarant, its successors and
assigns. The Class B member shall have three (3) votes for each Lot owned.
Provided, however, that all Class B memberships shall cease upon the earlier of a date
five (5) years from recording of this Declaration or the conveyance by Declarant o1 Lots,
representing seventy-five percent (75%J of the total number o(votes ("termination
dafe'). Thereafter, each Owner, including the Declarant, shall be entitled to one (1)
vote for each Lot owned with respect to a!1 matters upon which owners are entitled to
vote, and the total number of votes shall be equal to the total number of Lots.
When more than one (7) person or entity owns a Lot, the vote for such Lot may
be cast as they shall determine, but in no event will fractional voting be allowed.
Fractionalized or split votes shall be disregarded, except for purposes of determining a
quorum. The total number of votes as of such termination date and thereafter shall be
equal to the total number of Lots annexed to the Property and subject fo this
Declaration as of such termination date.
70 - DECLARATION OF COVENANTS, CONDITIONS ANO RESTR1CT10NS FOR DAI5V CREEK
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SECTION 3. PROCEDURE. All meetings of the Association, Board of Directors, the
Architectural Review Committee and Association committBes shall be conducted in
accordance with such rules of order as may from time to time be adopted by the Board
of Directors. A tie vote does not constitute a majority or approval of any motion or
resolution.
SECTION 4. MEMBERSHIP 1N DAISY CREEK VILLAGE HOMEOWNERS' ASSOCIATION.
Each owner shall be a member of the DAISY CREEK VILLAGE HOMEOWNERS'
ASSOCIATION, and such owner and the Lot owned by such Owner shall be subject to all
the terms and prOVfS%OI1S Of the DAISY CREEK VILLAGE HOMEOWNERS' ASSOCIATION'S
Covenants, Conditions and Restrictions, Articles of Incorporation, Bylaws, design
guidelines and rules and regulations, including without limitation, the power of DAISY
CREEK VILLAGE HOMEOWNERS' ASSOCIATION to impose and collect assessments against
the Owners and their Lots.
ARTICLE 7
DECLARANT CONTROL -TURNOVER OF ADMINISTRATOR CONTROL
SECTION 1. INTERIM BOARD AND OFFICERS. Dec/grant reserves administrative
control of the Association. The Declarant, in his or her sole discretion, shall have the
right to appoint and remove members of an interim Board of Directors, which shall
manage the affairs o/the Association and which shall be vested with all powers and
rights of the Board of Directors.
SECTION 2. TRANSITIONAL ADVISORY COMMITTEE. The Declarant shall form a
transitional advisory committee to provide for the transition of administrative control
from the Declarant to the members. The Declarant shall call a meeting of owners for
71 - DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR DAISY CREEK
VILLAGE _
~~
~~
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the purpose of selecting a transitional advisory committee not later than the sixtieth
(60th) following the date that the Declarant conveys fifty percent (50%) or more of the
lots in the planned community to owners other than a successor Declarant.
The transitional advisory committee shall consist of three or more members. The
owners, other than the Declarant, shall select two or more members. The Declarant
may select one member,
SECTION 3. TURNOVER MEETING. The Declarant shall Call a meeting for the
purpose of turning over administrative control of the Association from the Declarant to
the members within one hundred twenty (120) days of the earlier of;
(a) a date five (5) years from the date this Declaration is recorded; or
(b) the date that lots representing seventy-five percent (75%) of the
total number of lots have been conveyed to persons other than the
'Declarant.
The Declarant shat/ give notice of the meeting to each owner as provided in the
,~ Bylaws. 1(the Declarant does not calf the meeting required under this Section, any
owner may do so.
ARTICLE 8
PROPERTY RIGHTS
SECTION 1. MEMBERS' PROPERTY RIGHTS. Every member of the Association shall
have a right and easement of enjoyment in and to the area designated as the Common
Area. The easement shall be appurtenant to and shall pass with title to every Lof.
SECTION 2. RULES AND REGULATIONS. The Directors of the Association shall be
entitled to promulgate reasonable rotes and regulations governing each owner's
(members) rights to use and enjoy al/ property in DAISY CREEK v~LLAGE. The rules and
12 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR DAISY CREEK
VILLAGE ^
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regulations shall be in the interest of securing maximum safe usage for all owners
without unduly infringing upon any owner's privacy or enjoyment of the property.
SECTION 3. MEMBERS' EASEMENTS OF ENJOYMENT. Every member of the
Association shall have a right and easement of enjoyment in and to the Common Area
and such easement shall be appurtenant to and shall pass with title to every Lot;
subject, however to the following provisions:
(A) The right of the Association to limit the number of guests of members
permitted to use the Common Area;
(B) The right of the Association to charge reasonable admission (ees for the
use of any recreational facility or other improvement.
(C) The right o(the Association in accordance with its Bylaws to borrow
money for the purpose of improving any Common Area and to encumber
the Common Area for the purpose of t<nancing the improvements.
(D} The right of the Association to suspend any member's voting rights and/or
right to use the Common Area, for any period during which any
assessment against said member's property remains unpaid; for a period
not to exceed ninety (90) days for each infraction of its published rotes
and regulations;
(E) The right of the Association fo dedicate or transfer all ar any part of the
Common Area to any public agency, authority or utility for such purposes
and subject to such conditions as may be agreed upon by the members.
No such dedication or transfer shall be effective unless an instrument
signed by members entitled to cast three-fourths (75%) of the votes has
been recorded in the appropriate records of Jackson County, Oregon
agreeing to such dedication or transfer; and unless written notice of the
proposed action is sent to every member not less Phan thirty (30) days nor
more than sixty (60) days prior to such dedication or transfer,'
(F) The right of Directors of the Association to promulgate reasonable rotes
and regulations governing such rights of use, from time to time, in the
interest of securing maximum safe usage of the Common Area by the
members of the Association without unduly infringing upon the privacy or
enjoyment of the owner or occupant of any part of said property, including,
without being limited thereto, rules restricting persons under or over
designated ages from using certain portions of the property during certain
times.
13 - DECLARATION OF COVENANTS, CONDITIONS ANO RESTRICTIONS FOR DAISY CREEK
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SECTIONS. DELEGATION OF Us E: Any member may delegate, in accordance with
the rotes and regulations adopted from time to time by the Directors, his or her right of
enjoyment to the Common Areas and facilities to the members of his or her family,
tenants, or contract purchasers, providing they reside on the property.
SECTION 5. TITLE TO THE COMMON AREAS: The Declarant hereby covenants for
themselves, theirheirs and assigns, that they will convey to the Association fee simple
title to the Common Area designated as such on the plat as recorded in the Jackson
County Official Records on or before the turnover meeting.
SECTION 6. DAMAGE OR DESTRUCTION OF PROPERTY t3Y OWNER. !n the event
any property, including but not limited to common property, is damaged or destroyed by
an owner or any of his or her guests, tenants, licensees, agents or members of his or
her family in a manner that would subject such owner to liability for such damage under
Oregon law, such owner does hereby authorize the the Association to repair such
damage; the Association shall repair damage in a good and workmanlike manner as
originally constituted or as the area maybe modified or altered subsequently by the
Association in the discretion of the Association. The reasonable cyst necessary for
such repairs shall; become a special assessment upon the tot of the owner who caused
or is otherwise responsible for such damage.
ARTICLE 9
COVENANT FOR MAINTENANCE ASSESSMENTS
SECTION 1. CREATION OF THE LIEN AND PERSONAL OBLIGATION OF ASSESSMEN,ZS:
The Declarant hereby covenants for alt of said property, and each owner of any Lot by
acceptance of a deed or contract for purchase therefor, whether or not it shall be so
t4 - DECLARATION OF COVENANTS, CONDITJONS AND RESTRICT/ONS FOR OAISY CREEK
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°~
expressed in any such deed or other conveyance or agreement for conveyance, is
deemed to covenant and agree to pay to the Association: ,
(1) Regular annual or other regular periodic assessments or charges; and,
(2) Special assessments for capital improvements, such assessments to be
fixed, established, and collected from time to time as hereinafter provided.
The regular and special assessments, together with such interest thereon
and costs of collection thereof, as hereafter provided, shall be a charge on
the land and shall be a continuing lien upon the property against which
each such assessment is made. Each such assessment, together with
such interest, costs and reasonable attorneys' fees, shall also be the
personal obligation of the person who was the owner of such property at
the time such assessment became due. The obligation shat! remain a lien
on the property until paid or foreclosed.
SECTION 2. PURPOSE OF ASSESSMENTS: The assessments levied by the
Association shall be used exclusively for the purpose of promoting the recreation.
health, safety and welfare of the residents of said property and in particular for the
improvement and maintenance of said property, services, and facilities devoted to this
purpose and related to the use and enjoyment of the Common Area and of the Lofs
situated upon said property. Assessments may not be waived due to limited or non-use
of the Common Area.
SECTION 3, BASIS AND MAXIMUM OF ANNUAL ASSESSMENTS: Until January 1st of
the year immediately following the conveyance of the hrst lot to an owner, the maximum
regular monthly assessment shall be seventy-true dollars ($75.00) for each lot subject
thereto, exclusive of assessments for common utilities.
From and after January 1st of the year immediately following the conveyance of
the first tot to an owner, the monthly assessment may be increased effective January
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1st of each yearby the Directors of the Association as necessary to accomplish the
duties of the Board of Directors and objectives of the Homeowners Association.
The Declarant shalt not be assessed for any unimproved tots held for resale.
The assessments shall begin immediately following the conveyance of the !ot(s) to an
owner. At closing, each owner shall pay eons-time assessment in the amount of three
(3) times the monthly assessment as a one time contribution to the working capital of
the Association.
SECTION 4. SPECIAL ASSESSMENTS FOR CAPITAL IMPROVEMENTS: In addition fo
the annual assessments authorized above, the Association may levy in any assessment
year, a special assessment applicable to that year only, for the purpose of defraying, in
whole or in part, the cost of any construction or reconstruction, unexpected repair or
replacement of a described capital improvement upon the Common Area, including the
necessary rxtures and personal property related thereto, provided that any such special
assessment for structure/alterations, capital additions or capital improvements shalt
require the approval of a fifty-one percent (51 %J majority of the members who are
voting in person or by proxy at a meeting duly called for this purpose, written notice of
which shall be sent to all members not less than thirty (30) days nor morn than sixty
(60) days in advance of the meeting setting forth the purpose of the meeting. This
section shall not prohibit the Directors from authorizing capital expenditures for
replacements or repairs or improvements from funds generated by regular
assessments.
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SECTION 5. RESERVE ACCOUNT. A reserve account for maintaining the streets,
driveways, landscaping, fences and for painting, staining and replacing !;hose portions
of all living units which will require painting, staining, roo>rng orreplacing and other
improvements belonging to the Association or the improvements which the Association
is responsible for maintaining shall be established pursuant to ORS 94.595.
The reserve account established under this Section shall be funded by
assessments against the individual lots for maintenance of items for which the reserves
are established. The assessments shall begin accruing from the date the first lot
assessed is conveyed. The Declarant may defer payment of the accrued assessment
for a lot until the date the tot is conveyed.
The amounts assessed shall take into account the estimated remaining life of the
items for which the reserve is created and the current replacement cost of the items.
The reserve account shall be established in the name of the Homeowner's
,~ Association. The Association is responsible for administering the account and for
making periodic payments into the account. The Association shat! adjust the amount of
the payments at regular intervals to reflect changes in current replacement costs over
time.
The reserve account maybe used only for maintenance, repair and replacement
of the improvements belonging fo the Association or the improvements which the
Association is responsible for maintaining. However, after the individual lot owners
have assumed responsibility for administration of the planned community, the board of
directors may bon-ow funds from the reserve account fo meet high seasonal demands
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on the regular operating funds or to meet other temporary expenses. Funds borrowed
to meet temporary expenses under this Section must be repaid later from special
assessments or maintenance fees,
Assessments paid into the reserve account are the property of the Association
and are not refundable to seaters or owners of the lots.
SECTJON 6. COMMON PROPERTY RESERVE STUDY. The Board shall conduct an
annual update to the Reserve Study performed by the Declarant fo determine the
reserve account requirements and may adjust the amount of payments as indicated by
the study or update and provide for other reserve items that the Board may deem
appropriate. The study shall include identification of all items for which reserves are
required to be established, their estimated remaining useful life, the estimated cost of
maintenance, repair or replacement of each item at the end of its useful life, and a 30-
year plan to meet that maintenance, repair and replacement schedule.
SECTION 7. COMMON PROPERTY RESERVE ACCOUNT. The assessment against
each lot, regardless of whether it has been improved, shall include an amount allocated
to the reserve account established for the purpose o/funding replacements of those
elements of the common property that will normally require replacement, in whole or in
part, in more than 3 and less than 30 years. The account shall be in the name of the
Association and be separated from other funds. !t shall be used for the purpose for
which the reserves have been estabfished. The account shall also fund other items,
whether or note involving common property, if the Association has responsibility to
maintain the items unless they could reasonably be funded from operating
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„_a__ . .. 1........,,._ ~ .
assessments. Amounts assessed with respect to reserves shall take into account the
estimated remaining life of the items for which the reserve is crated and the current
replacement cost of such items based on the results of the Reserve Study described in
Section 6 of this Article. The reserve account need not include reserves for those items
for which one or more members are responsible for maintenance and replacement
under the provisions of this Declaration or the Bylaws. The assessment pursuant to this
section shalt accrue from the date of conveyance of the first lot in the property. The
board may borrow funds from this reserve account to meet high demands on the
regular operating funds or to meet other unexpected increases in expenses. The Board
shall repay such funds according fo a written payment plan adopted no later than the
date the budget is adopted for the following year, said plan providing for repayment
within a reasonable "period. The Association may, on an annual basis by a unanimous
vote, elect not fo lurid the reserve account. By a vote of of least seventy-five percent
(75%) of the members, the Association may also elect fo reduce or increase future
assessments for the account.
SECTION 8. LIVING UNIT RESERVE ACCOUNT/OPERATING RESERVE. The
assessment against each tot that has been improved with a substantially completed
living unit shat/ include an amount allocated to a reserve account established for the
purpose of /unding painting, staining and replacing those exterior portions of all living
units on the property which wit/ require painting, staining, roofing or replacing in more
than three (3) and less than thirty (30) years. Amounts assessed with respect to
reserves shall take into account the estimated remaining life of the items for which the
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reserves are established and the current replacement cost of such items. The
assessments under this section shalt accrue from the date a lot is improved with a
substantially competed living unit. The Declarant, at the Dec/arant's option, may defer
al! accrued assessments until the lot is sold, at which time such account assessment
shall be paid to the Association. The Declarant may require the owner to whom such
lot is conveyed to reimburse the Declarant for this portion of the assessment.
SECTION 9. SPECIAL ASSESSMENTS. The Board of Directors shall have the
power to levy special assessments against an owner or owners in the following manner
far the following purposes:
A. To correct a deficit in the operating budget by vote of a majority of the
Board;
B. To collect amounts due to the Association from owner for breach of the
owner's obligations under the Declaration, these Bylaws orthe
Association's rules and regulations, by vote of a majority of the Board;
C. Upon vote of a majority of the t3oard of Directors, to make repairs or
renovations to the common property and/or fo those portions o/the living
units for which the Association has the responsibility of maintenance and
replacement if sufficient refunds are not available from the operating
budget or replacement reserve accounts; or
D. To make capital acquisitions, additions or improvements, by vote of at
feast seventy-true (75%) of all votes allocated to the lots.
SECTION 10. UNIFORM RATE OF ASSESSMENT.' BOfh regular periodic assessments
and any special assessments must be fixed of a uniform rate for all Lots and maybe
collected on an annual, quarterly or monthly basis at the discretion of the Board of
Directors.
SECTION 11. C~110RUM FOR ANY AUTHORIZED ACTION. At any meeting Called the
presence at the meeting of members or of proxies entitled to cast fifty-one percent
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(51 %) of al! the votes shalt constitute a quorum. If the required quorum is not
forthcoming at any meeting, another meeting maybe called, subject fo the notice
requirement and the required quorum at such subsequent meeting shall be twenty-five
percent (25%) of all the votes.
SECTION 12. DATE OF COMMENCEMENT OF ANNUAL ASSESSMENTS DUE GATES:
The assessments provided for herein shall commence as fo all Lots (other than
unimproved lots held for resale by Declarant) on the first day of the month following the
conveyance of each lot to an owner other than the Declarant. The Board of Directors
shall fix the amount of the regular assessment at least fhirfy (30) days in advance of
each annual assessment period. Written notice of the assessment shall be sent to
every owner subject thereto. The due dates shall be established by the Board of
Directors. The Association shall upon demand at any reasonable time furnish a
certificate in writing signed by an officer of the Association setting forth whether the
assessments on a specified Lot have been paid. A reasonable charge maybe made by
the Association for the issuance of these certificates. Such certificate shall be
conclusive evidence of payment of assessment therein stated to have been paid.
Not withstanding any other provisions contained herein the Declarant shall not
be assessed for any unimproved lots held for resale.
SECTION 13. EFFECT OF NONPAYMENT OFASSESSMENTS. REMEDIES OF THE
ASSVC1ATioN: Any assessments which are not paid when due shall be delinquent. If
the assessment is not paid within ten (10) days affer the due date, the assessment shaft
bear interest from the date of delinquency at the rate of twelve percent (12%) per
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annum, and there shall be a Twenty-Five Dollar ($25.00) late charge for each month
that said assessments are not paid to cover the administrative expenses of keeping the
books and billings for same. The Association shall be entitled to pursue alt legal
remedies. In addition, the Association shall be entitled to restrict or terminate a
delinquent owners' use of any common areas. Any rights shall be cumulative.
The Association shall have a lien against fhe property as provided in ORS
94.709. The Secretary of said Association shall file in the o>f+ce of the Director of
Records, County Clerk, or appropriate recorder of conveyances of Jackson County,
Sfafe of Oregon, a statement of the amount of any such charges or assessments,
together with interest as aforesaid, which have become delinquent with respect to any
Lot of said property, and upon payment in full thereof, shall execute and file a proper
release of the lien securing the same. The aggregate amount of such assessment,
together with interest costs and expenses and a reasonable attorneys' fee for the filing
,~ and enforcement thereof, shall constitute a lien on the whole lot with respect to which it
is Piked and orr any improvements thereon, from fhe date the notice of delinquency
thereof is filed in the of>rce of said Director of Records or County Clerk or other
appropriate recording ofFce, until the same has been paid or released as herein
provided. Such lien maybe enforced by said Association in the manner provided bylaw
with respect to liens upon real property (ORS 94.709).
The owner of said property at the time said assessment becomes due sha/! be
personally liable for the expenses, costs and disbursements, including the reasonable
attorneys' fees of the Association or of the Declarant, as the case maybe, of processing
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"~
and if necessary, enforcing such liens, alt of which expenses, costs and disbursements
and attorneys' fees shat! be secured by said lien, including fees on appeal, and such
owner of fhe time such assessment is incurred, shall also be liable for any deficiency
remaining unpaid after any foreclosure sale. No owner may waive or otherwise escape
liability for the assessments provided for herein by non-use of the Common Areas or
abandonment of his Lot or any improvement thereon.
SECTION 14. SUBORDINATION OF THE LIEN TO MORTGAGES: The lien of the
assessments provided for herein shall be inferior, junior and subordinate to the lien of
any first (1st) mortgages and trust deeds now or hereafter placed upon said property or
any part thereon in connection with the sale of said property. Sale or transfer of any Lot
or any part of said property shall not affect the assessment lien. No sale or transfer shall
relieve such Lot and any improvements thereon from liability for any assessments or
from the lien thereof.
SECTION 15, EXEMPT PROPERTY: The following property subject fo this Declaration
shall be exempt from the assessments created herein:
(A) Alt properties expressly dedicated to and accepted by a Local public
authority;
(B) The Common Areas; and,
(C) AI! other properties owned or utilized for the enjoyment of the members in
the Association's sole discretion.
SECTION 16. FORECLOSURE OF LIENS FOR UNPAID COMMON EXPENSES: ThB
Association shat! be entitled fo foreclose a lien as provided in ORS 94.709 as it can-enfly
exists or is amended from time to time. In any legal action brought by fhe Association to
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foreclose a lien on a lot because of unpaid common expenses, the owner shall be
required to pay reasonable rental for the use of the lot and improvements thereon during
the pendency of the legal action. The Association shall have the power fo purchase the
lot at fhe foreclosure sale and to acquire, hold, lease mortgage, vote the votes
appurtenant to, convey, or otherwise deal with the property. A suit or action to recover a
money judgment for unpaid common expenses shall be maintainable without foreclosing
the liens securing same.
SECTION 17. RESERVE TRUST FUNDS: The Association shall have authority fo elect
by resolution to establish one or more trust funds to hold reserves for the maintenance,
repair or replacement of specific items, in which case it shall either designate part of the
regular assessment or establish separate assessments for such purposes. The
proceeds therefrom shall be held in such trust funds and used only for fhe designated
maintenance, repairs or replacements.
ARTICLE 10
USE RESTRICTIONS
The following restrictions shat! be applicable to the real property and shall be for
the benefit of and limitations upon all present and future owners of said property, or of
any interest therein:
SECTION 1,. MAINTENANCE OF LOTS. All Jots, whether vacant or improved,
occupied or unoccupied, and any improvements placed thereon, shall at all times be
maintained in such manner as fo prevent their becoming unsightly, unsanitary, or a
hazard to health. t/not so maintained, the Association shall have the right ,after giving
thirty (30) days written notice to undertake such work as may be necessary and
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desirable to remedy the unsightly, unsanitary, or hazardous condition, the cost of which
shall be paid by the owner of said lot. The Association has sole discretion as to what is
unsightly or unsanitary. Neither the Association nor any of ifs agents, employees or
contractors shall be liable for any damage which may result from any maintenance work
as performed nor shall the Association or any of its agents or employees be liable for
any /allure to exercise the right to also maintain any lot.
SECTION 2. NUISANCES. No naxious or offensive activities ornuisances shall be
permitted on any lot in the Development. No refuse, unsightly or abandoned vehicles,
debris, noxious material, discarded personal effects, construction materials not for
immediate use, compost materials or similar matter shall be permitted on any lot or
portion thereof. !t is incumbent upon all property owners to maintain their lots and yards
in a neat, orderly acid welt-groomed manner, whether said lots are vacant or improved.
SECTION 3. S1GNS AND lOT NUMBERS. Other than during construction of a house,
no sign, billboard or advertising structure of any kind may be displayed on any lot or
parcel except upon application fo and receipt of written permission from the Association.
The Association shall not unreasonably withhold permission with respect to signs
advertising a home or a lot for sale. One sign, identifying the contractor during
construction or advertising a home for sale, is permitted. Subcontractor and material
person signs are prohibited. Contractor signs must be removed upon completion of
construction or when lot has sold. Signs not meeting the standards and other
specifrcations set forth herein, or as approved by the Association will be removed from
the premises where displayed. They will be held for fourteen (74) days in the
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Order: o Comment:
administrative office of the Association. ti not claimed within fourteen (14) days, the
signs will be disposed of in the Association's sole discretion. Exceptions~to the above
criteria maybe granted by the Association upon application. No other signs shall be
permitted except as specified in this section.
SECTION 4. ANIMALS. No animals shall be kept or maintained on any lot except
the usual household pets not kept (or commercial purposes, which shall be kept
reasonably conhned so as not to become a nuisance. Household pets shall not
unreasonably interfere with the comfort, privacy or safety o/other owners within the
Development. No dogs that have a known propensity, tendency or dispositions to attack
without provocation or otherwise endanger the safety of persons and domestic animals
(an example is a pit bull).
SECTION 5. CbNCEALMENT OF TRASH RECEPTACLES. Every receptacle for ashes ,
trash, rubbish or garbage shalt be installed underground or be so placed and kept as not
fo be visible from any street, tot or area within the Development except of the times
when refuse collections are made.
SECTION 6. ANTENNAS-SATELLITE DISHES. Television antennas, satellite dishes
and antennas for shortwave or ham radio instaNations will not be installed on any tot
without express written permission from the Committee. The sole exception are small
satellite dishes which do not exceed an eighteen (18) inch diameter. An example is an
RCA 18"dish.
SECTION 7. AUTOMOBILES. TRAVEL TRAILERS. MOTOR HOMES AND BOAT STORAGE.
No automobile, Crave! trailer, motor home, recreational vehicle (RV) house frailer, boat or
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~.-ate.- • ~„Mmo„ t
boat trailer or other type of trailer shat! be parked within the Development for more than
twenty-four (24) hours unless kept within a fully enclosed roofed garage!
SECTION 8. RItSTRICTION ON MOTOR VEHICLES. No tieing unit shat! be allowed
more than two {2) motor vehicles. No commercial trucks or motor vehicles are allowed
with the sole exception of standard pickup trucks, vans or automobiles.
sECrroN s. urluTY LINES, AI! utility lines and connections within the Development
shall be placed underground. No light shall be suspended from a pole in excess often
(1 t7) feet from the ground within the Development, except those owned and maintained
by the City of Central Point or as expressly approved in writing by the Committee.
SECTION 10. NO COMMERCIAL ENTERPRISE. No business or commercial enterprise
shalt be performed or conducted upon any lot or within any dwelling or garage within the
Development, except for a home business as allowed under the City of Central Point
code covering planning and zoning and for construction and sales activities directly
related to and during the Development stage o(the Development. Permission forany
temporary construction or sales facility must be in writing by the Association and maybe
revoked at any time by the Association. Nothing herein contained shat! be construed as
preventing the construction of improvements within the Development approved by the
Association.
SECTION 11. PEACEFUL ENJOYMENT. No use of any lot or structure within the
Development shall annoy or adversely affect the use, value, occupation and enjoyment
of adjoining property of the general neighborhood. Final determination within these
bounds shalt be left to the discretion of the Committee.
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SECTION 12. EXTERIOR LIGHTING. Atl exterior lighting plans must be submitted to
the Architectural Committee. Exterior lighting, which can be seen from the roads or a
neighboring home site must be indirect. The light source may not be visible in such
circumstances. The intent is to keep lights Jow in order not to infringe on any
neighboring property.
ARTICLE i0
DAMAGE AND DESTRUCTION
SECTION 1. JNSURANCE PROCEEDS SUFFICIENT TO COVER LOSS. !n case of frre,
casualty or any other damage and destruction, the insurance proceeds of the master
policy, if sufficient to reconstruct the damaged or destroyed building, shall be applied to
such reconstruction which shall commence within one hundred twenty (120) days of
such damage, or as soon thereafter as proceeds are available. Reconstruction of the
damaged or destroyed building, as used in this paragraph, means restoring the building
fo substantially the same condition in which it existed prior to the fire, casualty or
disaster, with each living unit and the common property having the same boundaries as
before. Such reconstruction shall be accomplished under the direction of the Board of
Directors.
SECTION 2. INSURANCE PROCEEDS INSUFFICIENT TO COVER LOSS. 1(the
insurance proceeds are insufficient fo reconstruct the damaged or destroyed building,
the damage to, or destruction of, such building shall be promptly repaired and restored
under supervision of the Board of Directors, using the proceeds of insurance, if any, on
the building for that purpose and at! the owners shall be liable for assessment for any
deficiency for such reconstruction, such deficiency to take into consideration as the
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owners contribution any individual policy insurance proceeds provided by such owner.
Such reconstruction shall commence within one hundred twenty (120) days of such
damage, or as soon thereafter as proceeds are available. '
SECTION 3. ARCHITECTURAL CHANGES AFTER DAMAGE OR DESTRUCTION.
Notwithstanding all other provisions hereof, the owners may, by an affirmative vote of a
majority of both classes o/members cause an amendment to be made to the
Declaration and Bylaws so as to facilitate architectural changes that the owners affected
thereby and the Association deem desirable if, end only if, the partial or total destruction
of the property by hre, casualty or other disaster is so great as to require the substantial
reconstruction of the whole of the building. Any such amendment of the Declaration and
Bylaws shall be valid only upon (1) the recording thereof with the appropriate offeror
Jackson County; and (2) the rBCOrding with that recording officer of the approval thereof
of each mortgagee and each other lienholder of record having a lien against any part of
the project, or building affected by such amendment.
SECTION 4. AUTHORITY The Board of Directors shall have sole authority to
decide whether to repair or reconstruct a living unit that has suffered damage.
ARTICLE 11
OECLARANT'S SPECIAL RIGHTS
Until all Lots on the Property have been constructed, fully completed and sold,
with respect to the Common Property and each Lot on the Property, the Declarant shall
have the following special rights:
SECTION 1. SALES OFFICE AND MODEL. The Declarant Shall have the right t0
maintain a sales once and model on one or more of the Lots. The Declarant and
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prospective purchasers and their agents shall have the right to use and~occupy the sates
once and models during reasonable hours any day of the weeks.
SECTION 2. "FOR SALE" SIGNS. The Declarant may maintain a rea,~onable number
of "For Sale" signs at reasonable locations on the Property, including without limitation,
the Common Property.
SECTION 3. DECLARANT EASEMENTS. The Declarant has reserved easements over
the Property as more fully described on Article 13 hereof.
ARTlCCE 12
THE ARCHITECTURAL CONTROL COMMITTEE
SECTION 1. RESTRICTION ON EXTERIOR REMODELING. ALTERATION OR
MoDIFlcanoN. It is contemplated that all living units shall be constructed prior to sale
and be part of a multiple family dwelling. For this reason, no exterior remodeling,
alterations or modifications {exterior decorating) will be allowed without the prior written
approval from all owners in the multiple family dwelling. In addition, the Association,
through its Board of Directors, shat! also be required to approve in writing any
~- remodeling, alterations or modifications. This Article is included in order to have a
mechanism for controlling remodeling, alteration or modification in the event the need
arises.
SECTION 2, GENERAL PowERS . All improvements constructed or placed on any
lot must first have the written approval of the Committee. Such approval shall be
granted only after written application has been made fo the Committee in the manner
and loan prescribed by if. In the event a lot owner desires to redecorate the exterior of
any existing structure, it shall be necessary to submit the proposed color scheme to the
Committee for its approval.
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Remodeling or adding to existing structures or making structural or architectural
changes shall require the lot owner to submit complete plans to the Committee as in the
case of erecting new structures. Failure of the Committee to comment do any
application, property submitted, within forty-five (45) days of receipt by the Committee at
its office shall be deemed approval of such application by the Committee. The
Committee shalt have the power to render decisions on such other matters as are
referred to the Committee under this declaration. Application for such decisions and the
renderings thereof to be in accorrlance with such rules and regulations as may from time
to time be adopted by the Committee. Committee comments with respect to any
applications must be strictly followed. If requested by the Committee, applications must
be resubmitted to the Committee, in which case the Committee shall have forty-five (45)
days alter the re-submission to comment thereon.
SECTION 3. COMMITTEE MEMBERSHIP. The Committee wilt consist of ERIC ARTNER,
his successors or assigns until such time as the planned community is fumed over fo the
~, Homeowners'Association.
SECTION 4. GROUNDS FOR DISAPPROVAL. The COmmittee may Irr Ifs SOIe
discretion disapprove any application:
a. If such application does not comply with the Declaration;
b. Because of the reasonable dissatisfaction of the Committee with
grading location of the proposed improvement on the lot, finished
ground elevation, color scheme, exteriarfinish, design, proportions,
architecture, shape, height or style of the proposed improvement,
the materials used therein, the kind, pitch or type of roof proposed to
be placed thereon, or (or purely aesthetical reasons.
SECTION 5. RULES AND REGULATIONS. The Committee may from time to time adopt
written rules and regulations of general application governing its procedures and
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of the Committee shall be held liable to any person, whether an owner of a lot within the
Development or not, on account of any action or decision of the Committee or lailure of
the Committee to take any action or make any decision.
SECTION 9. PRINCIPAL OFFICE. ThB principal o(flce Of the Committee Shall be at:
DAISY CREEK VILLAGE, L.LC, P. O. BOX 609 JACKSONVILLE, OREGON 97530, or of such other
address as the Committee shall notify the public of in writing from time to time.
SECTION fo. ENFORCEMENT. In the event any improvement shall be commenced
without Committee approval as herein required, or in the event any improvement is
constructed not in conformance with plans therefore approved by the Committee, or not
in conformance with this or any applicable supplemental declaration, the same shall
constitute a violation of any portion of this Declaration. In addition to the remedies for
violation of any portions of this Declaration, the Committee shall also have the power
and authority to institute legal proceedings or take other action. The Committee shalt be
,` entitled to a mandatory injunction abating the violation. A!! costs of litigation, including
attorney fees, shall be charged fo and paid by the defendant if the Committee prevails.
Such charges shall constitute a lien on such property owner's lot from the date of entry
of the judgment there in the judgment docket, and shall be enforceable as any judgment.
In the event the Committee is not successful, each party shall pay its own costs and
attorney fees.
sECTION 1f. SEVERASILITY. The invalidation of any said covenants, restrictions,
conditions, exceptions and reservations shall in no way affect any of the other
provisions, all of which shall remain in full force and effect.
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Description: Jackson,OR Document-Year.DocZD 2009.62593 Page: 33 of 91
ARTICLE 13
DECLARANT'S EASEMENT'
The Declarant reserves fo itself a blanket easement over, upon, through and
under the Property, including, without limitation, afl Lots and Common Property for all
purposes reasonably required in carrying out the genera! plan of development or
otherwise developing the real property, including without limitation, ingress and egress,
the installation, maintenance, repair and replacement of all utility and service lines and
systems serving the units ar other improvements developed on fhe Property and the
development and sale of additional property, regardless of whether such additional
property is subject to this Declaration. It is specifically understood and agreed that
Declarant reserves an easement to provide ingress and egress, the installation,
maintenance, repair and replacement of aN utility, service lines and systems necessary
or reasonably necessary in order to develop adjacent property. The easement set forth
in this Article shall be ~perpefual and shall run with the land and shall be freely assignable
`, by Declarant. Nothing contained in this Article shall be construed to obligate the
Declarant to install, maintain, repair or replace any utility, service line, system or other
improvements unless Declarant has specifically agreed to undertake and pay for fhe
work in a written, signed and notarfzed document.
ARTICLE 15
GENERAL PROVISIONS
SECTION 1. ENFORCEMENT.' The Association, or any owner, or the owner of any
recorded mortgage, deed of trust or like instrument, on any part of said property, shall
have the right to enforce, by any proceeding at law orin equity, all restrictions,
conditions, covenants, reservations, easements, liens and charges now or hereafter
34 - DECLARATION OF COVENANTS, CONDITIONS AND RESTRlCT10NS FOR DAISY CREEK
VILLAGE i y f
Description: Jackson,OR Document-Year.DocID 2004.62593 Page: 34 of 41
r,.-,~...- . ,, n.........~,., f .
imposed by the provisions of this Declaration. Failure by the Association, or by any
owner to enforce any covenant or restriction herein contained shall in na event be
deemed a waiver of the right to do so thereal3er.
SECTION 2. SOLE JUDGE • INTERPRETATION. The Architectural Control Committee's
decision on any matter within its jurisdiction shalt be final and binding on the parties in
the absence of fraud, bad faith or the Committee's failure to exercise honest judgment.
The Dec/arant's interpretation of any term, covenant, condition or restriction shall be final
and conclusive in the absence of fraud, bad faith or failure to exercise honest judgment.
SECTION 3. SEVERABIUTY: Invalldatlon of any one of these covenants or
restrictions by judgment or court order shall in no way affect any other provisions which
shall remain in full /once and effect.
sECT~oN 4. AMENDMENT: The covenants and restrictions of this Declaration shat!
run with and bind the Jand, and shall inure fo the beneht of and be enforceable by the
Association, or the owner of any Lot subject to this Declaration, their respective legal
representatives, heirs, successors and assigns, for a term of twenty-five (25) years from
the date this Declaration is recorded, after which time said covenants shall be
automatically extended for successive periods of ten (10) years each. Any of the
covenants and restrictions of this Dectaration, maybe amended by an instrument signed
by members entitled to cast not less than seventy-live percent (75%) of the votes. Ail
such amendments shat/ be recorded in the appropriate Deed Records of Jackson
County, Oregon, to be effective.
35 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR DAISY CREEK
VILLAGE
3S~
Description: Jackson,OR Document-Year.DocID 2004.62593 Page: 35 of 41
SECTION 3. NO RIGHT OF REVERSION.' Nothing herein COntalned In this Declaration,
or in any form of deed which maybe used by Declarant, or its successors and assigns,
in setting said property, or any part thereof, shall be deemed to vest or reserve in
Declarant or the Association any right of reversion or re-entry for breach or violation of
any one or more of the provisions hereof.
SECTION 6. SUCCESSORS AND ASSIGNS • NO WAfVER. The provisions contained in
this Declaration shall bind and inure to the benetrt of and be enforceable by Declarant,
the Association and the owner or owners of any portion of said property, and their heirs
and assigns, and each of their legal representatives, and failure by Declarant or by the
Association or by any of the property owners or their legal representatives, heirs,
successors or assigns, fo enforce any of such conditions, restrictions and charges
herein contained shat) in no event be deemed a waiver of the right to do so.
SECTION 7. ASSIGNMENT. Any or all rights, powers and reservations of Declarant
herein contained maybe assigned to the Association or fo any other corporation or
association which is now organized or which may hereafter be organized and which will
assume the duties of Declarant hereunder pertaining fo the particular rights, powers and
reservations assigned; and upon such corporation or association evidencing its intent in
writing to accept such assignment and assume such duties, it shall to the extent of such
assignment, have the same rights and powers and be subject to the same obligations
and duties as are given to and assumed by Declarant herein,
36 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR DAISY CREEK
VILLAGE
36 ,
Description: Jackson,OR Document-Year.DocID 2004.62593 Page: 36 of 41
Orr9nr • n ('nmmnnt
SECTION 8. NOTICE TO OWNERS.
NOTICE TO ALL OWNERS REGARDING RESIDENTIAL CONSIfRUCTION
DEFECT CLAIMS:
OREGON LAW CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW
BEFORE YOU MAY COMMENCE AN ARBITRATION OR A COURT ACTION AGAINST
ANY CONTRACTOR, SUBCONTRACTOR OR SUPPLIER FOR CONSTRUCTION
DEFECTS.
BEFORE YOU COMMENCE ARBITRATION OR A COURT ACTION YOU MUST
DELIVER A WRITTEN NOTICE OF ANY CONDITIONS YOU ALLEGE ARE DEFECTIVE
TO THE CONTRACTOR, SUBCONTRACTOR OR SUPPLIER YOU BELIEVE IS
RESPONSIBLE FOR THE ALLEGED DEFECTANO PROVIDE THE CONTRACTOR,
SUBCONTRACTOR OR SUPPLIER THE OPPORTUNITY TO MAKE AN OFFER TO
REPAIR OR PAY FOR THE DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY
OFFER MADE BY THE CONTRACTOR, SUBCONTRACTOR OR SUPPLIER.
THERE ARE STRICT DEADLINES AND PROCEDURES UNDER STA TE LAW.
FAILURE TO MEET THESE DEADLINES OR FOLLOW THESE PROCEDURES WILL
AFFECT YOUR ABILITY TO COMMENCE ARBITRATION OR A COURT ACTION.
r..
IN WITNESS WHEREOF, the undersigned has executed this Declaration of
Covenants, Conditions and Resfrictions for the DAISY CREEK VILLAGE this $Mday of
October, 2004.
DAISY CREEK VILLAGE, LLC
AN OREGON LIMITED LIABILITY COMPANY
~~
BY: ERIC ARTNER, ITS MANAGING MEMBER
OFFICIAL SEAL
STATE OF OREGON ) LINDA COFFMAN
NOTARY PUBLIC-OREGON
) SS. COMMISSION N0. 779188
County of Jackson ) MY C06RdISSIOr: FzrIRF.S MAR. 71, 2008
The foregoing instrument was acknowledged before me this$ day of
October, 2004, by ERIC ARTNER, MANAGING MEMBER OF DA/SY CREEK VILLAGE, LLC, AN
OREGON LIMITED LIABILITY COMPANY, on be~h~alf~and authority of the company.
COY.
Notary Public f regon
My Commission Expires:p`8
37 - DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR DAISY CREEK
VILLAGE
3~~
Description: Jackson,oR Document-Year.DocID 2009.62593 Page: 37 of 41
EXHIBIT "A"
DAISYCREER VILAGE I
Phase 1 Exterior Boundary Description
All that real property situated within a portion of Lot "A" of the Cooksey Addition to the
City of Central Point, being located within Donation Land Claim Number 53, in the
Northeast One-quarter of Section 10, Township 37 South, Range 2 West of the
Willan~ette Meridian, in the City of Central Poin[, Jackson County, Oregon, more
particularly described as follows:
Commencing at the Southeast Comer of Lot "A" of COOKSEY ADDITION to the City
of Central Point, Jackson Chanty. Oregon; thence North 35°09'30" West, 210.83 feet
(Record: 211.2 feet), to a 2 inch iron pipe munumenling the True Paint of Beginning;
thence continuing North 35°09'3U" West, 528.74 feet (Record: 528.75 feet); thence
South 54°51'00" Wcsl, 129.05 feel (Record: 129.20 feet), to the southwesterly line of
tract described in Document Number 77-2698$, of the Official Records of Jackson
County. Oregon; thence along said southwesterly line, South 34°47'44" East, 396.91 feel
(Record: 397,21 feet); thence South I1°56'UO" East, 83.86 feet (Record: South 11°5G'
East, 83.62 feet), thence North 73° 14'51" East, t 73.51 feet (Record: 173.52 feet), to the
True Point of Beginning.
Containing 1.55 acres more or less.
Basis of bearings foi this description is Geodetic North based on WGS datum, attained by
Global Positioning System (GI'S) observations. Basis applied to the centerline of Pine
Street.
REGISTERED
NEATHAMER SURVF.Y/NG, /NC. PROFESSIONAL
3126 State Street, Suite 200 LAND SURVEYOR
PO Box 1584
Medford, Oregon 97501 ~ ~ ~
Phone: (541) 732-2869
Fax: (541) 732-1382 OREGON
JULY 09, 2001
CAEL E. NEATHAMER
LS 5ti545
RENEWAL. OEC, 3t, .
Description: Jackson,OR Document-Year.DocID 2004.62593 Page: 38 of 41
.,~a,.~ . ~,,..,.,,o., t .
`, EXHIBIT `B"
DAISY CREEK VILAGE
Phase 1 and Future Property Exterior Boundary Description
All that real property situated within a portion of C,ot "A" of the Cooksey Addition loathe City of Central
Point, being located within Donation Land Claim Number 53, in the Nortlreasl One-quarter of Section 10,
Township 37 South, Range 2 West of the Willamette Meridian, in the City of Central Point, Jackson
County. Uregon, more particularly described as follows:
Commencing at the Southeast Corner of Lot "A" of COOKSEY ADDITION to the City oFCentral Point,
Jackson County, Oregon; thence North 35°09'30" West, 210.83 feet (Record: 211.2 feeQ, to a 2 inch iron
pipe ntonumenting the 'true Voint of Beginning; thence continuing North 35°09'30" West, 528.74 feet
(Record: 528.75 feel); thence South 54°51'00" West, 129.05 feel (Record: 129.20 feet), to the
southwesterly line of tract described in Document Number 77-26988, of the 0flicial Records of Jackson
County. Oregon; thence along said southwesterly line, South 34°4744" East, 396.91 feet (Record: 397.21
feel); thence South I I°SG'00" Cast, 83.86 feet (Rearrd; Soutlr I I°56' East, 83.62 feet), thence North
73°14'51" East, 173.51 feet (Record: 173.52 feet), to the True Point of Beginning.
Also, a portion of Parcel 2 as described in Document Number OI-42284 of the Official Records of
Jackson County, Oregon, being more particularly described as follows: Commencing at the Southeast
Garner of I_ot "A" of the COUKSfiY ADDIl1UN to the City of Central Point, Oregon, Jackson County,
Oregon. according to the Uflicial Plat thereof, now of record: thence along the easterly boundary of said
lot, North 35°09'30" West, 11.22 feet to the Culure northerly right of way of Ash Street, and the True
Point of Beginning; thence continuing along said easterly boundary, North 35°09'30" West, 338.41 feet
u, the centerline of Alder Street of aforesaid plat, and as vacated pursuant to Ordinance No. 179 of the
City of Central Point, (7regon; (hence along said centerline, North 54°51'26" East, 280.45 feet to a point
on the future right of wuy of 1{askell Street, being 9.50 feet southwesterly, when measured at right angles
to the existing right of way; thence along said future right of way and parallel to the existing right of way,
South 35°08'34" Fast, 320.00 feet to the beginning of a tangent curve to the right, having a radius of
20.00 feet and a central angle of 90°00'00" (the long chord of which bears Sotrth 09°51'26" West, 28.28
feet); thence along the arc of said cun~e, 31.42 feet, being a point on the future northerly right of way of
Ash Street; thence along last said right of way, South 54°51'26" West. 242.69 feet to a tangent can-e to
the right, !raving a radius of 99.00 feet and a central angle of 10°16'46" (the long chord of which bears
South 59°59'49" West, 17.74 Ceet): thence along the arc of said curve, 17.76 feet to the Point of
Beginning.
Containing 3.74 acres more or less.
Basis of bearings for this description is Geodetic North based on WGS datum, attained by Global
Positioning System (GPS) observations. basis applied to the centerline of Pine Street.
REGISTERED
NEATNAMER SURVEYING, INC. PROFESSIONAL
3126 Slate Street, suite 2oU LAND SURVEYOR
PO Box 1584
Medford, Oregon 97501 ~ ~ ~4~10atN
Phone: (541) 732-2869
Fax: (541) 732-1382
OREGON
JULY 09, 2001
GAEL E. NEATHAMER
LS 56545
RENEWAL. DEC. 31,
Description: Jackson,OR Doctunent-Year.DocID 2004.62593 Page: 39 of 41
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Description: Jackson,OR Document-Year.DocID 2004.62593 Page: 40 of 41
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~„ EXHIBIT "D"
DAISYCREER VILAGE
Phase 1 Common Saace Exterior Boundarv Descrinfion
All that real property situated within a portion of Lot "A" of the Cooksey Addition to the City of
Central Point. being located within Donation Land Claim Number 53, in the Northeast Une-
quarter of Section l0. 'Township 37 South, Range 2 West of the Willamette Meridian, in the City
oC Central Point, Jackson County. Uregon, more particularly described as follows:
Commencing at the Southeast Corner of Lot "A" of COOKSEI' ADDITION to the City of
Central Point, Jackson County. Oregon; thence North 35°09'30" West, 210.83 feet (Record:
211.2 feet), to a Z inch iron pipe monumenting the True Point of Beginning; thence continuing
North :15°09'30" West. 51.73 feel; thence South 54°50'30" West, 58.92 feet; thence South
73°14'41" \Vcst, 15.41 feet; thence North 35°09'30" West, 231.64 feet; thence North 54°50'30"
East. 73.54 feet; thence North 35°09'30" West, 33.50 feet; thence South 54°80'30" West, 73.54
feet; thence North 35°U9'30" West, 207.01 feet to a point on the southwesterly line of tract
described in Document Number 77-26988, of the Official Records of Jackson County, Oregon;
thence along said line, South 54°51'00" West, 55.51 leet; thence South 1 I°86'00" East, 83.86 feet
(Kecord: South I1°56' East, 83.62 feel), thence North 73°14'51" East, 173.51 feet (Record:
173.52 feet), to the True Point of Beginning.
Containing 0.80 Acres, more or less.
Basis of bearings for this description is Geodetic North based on WGS datum, attained by Global
Positioning System (GPS) observations. Basis applied to the centerline of Pine Street.
NEATHAMER SURVEYING, INC. REGISTERED
3126 State Street, Suite 20o PROFESSIONAL
PO Box 1584 .
LAND SURVEYOR
Medford, Oregon 97501
Phone: (541) 732-2869 ~ L ~~~~
Fax: (541)732-1382
OREGON
JULY 09,2001
GAEL E. NEATHAMER
LS 56545
RENEWAL DEC. 91, !~'
91
Description: Jackson,OR Document-Year.DocID 2004.62593 Page: 41 of 91
.,_a.. _ . ,. .-,.......,,... ~ .
Jackson County 016cial RecorOS 20Q5-034684
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SUPPLEMENTAL DECLARATION TO THEO [wm+ysn.rre.m.nvm«dmwMln.enwnrnw«r"°raar°m•a.,w
ncorlt.
Kelhleen S. 8eckeU -County Clerk
COVENANTS, CONDITION;.
8 RESTRICTIONS FOR DA/SY CREEK VILLAGE ~ 5
A PLANNED COMMUNITY TO THE CITY pF CENTRAL POINT ~ {
This is a Supplemental Declaration to the Declaration of Covenants, Conditions
and Restrictions for Daisy Creek Village, a planned community to the City of Central
Point, Oregon. The Declaration is dated the 8th day of October 2004, and was
recorded on the 26'" day of October, 2004, as Document No. 04-062593 in the Official
Records of Jackson County, State of Oregon.
The Bylaws of the Daisy Creek Village Homeowners' Association are also dated
the 8'" day of October, 2004, and were recorded on the 26v" day of October, 2004, as
Document No. 04-062592 in the O>gcial Records, Jackson County, Oregon. The
8y/aws are incorporated by reference as if fully set forth herein.
i. In the Declaration, Declarant reserved the right to annex additional property
and to subject the additional property to the terms and provisions of the Declaration, the
Articles of Incorporation of the Daisy Creek Village Homeowners' Association, Inc., and
its Bylaws. Declarant is exercising its right to annex the additional property described
as:
DAISY CREEK VILLAGE, PHASES 2 AND 3, RECORDED ON MAY 10, ?005, IN
VOLUME 31 OF PLATS, A T PAGE 25 OF THE RECORDS OF JA CKSON COUNTY,
OREGON.
The additional property is shown on the plat which is marked Exhibit A" and
attached.
Alt Covenants, Conditions and Restrictions in the Declaration are incorporated by
reference as if fully set forth herein. Daisy Creek Village, Phase II and Phase Ill, a
1 - SUPPLEMENTAL DECLARATION TO THE DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS FOR DAISY CREEK VILLAGE
`~-'
Description: Jackson,OR Document-Year.DocID 2005.34684 Page: 1 of 4
Planned Community to the City of Central Point, Jackson County Oregon, is bound by
~„ and subject to the Covenants, Conditions and Restrictions.
2, Phases ll and Ill consist of thirty-six tieing units in nine separate buildings.
Except as supplemented or amended herein, the undersigned arms and ratifies
the Declaration for palsy Creek Village.
IN WITNESS WHEREOF, the undersigned has executed this Supplemental
Declaration to the Declaration of Covenants, Conditions and Restrictions for Daisy
Creek Village this ~_ day of June, 2005.
~- C
DAISY CREEK VILLAGE, LLC
AN OREGON LIMITED LIABILITY COMPANY
BY: ERIC ARTNER, ITS MANAGING MEMBER
STATE OF OREGON )
ss.
Covnty of Jackson )
The foregoing instrument was acknowledged before me this ~~'day of June,
2005, by DAISY CREEK VILLAGE, LLC, AN OREGON L1M1TE0 LIABILITY COMPANY, BY ERIC
ARTNER, ITS MANAGING MEMBER On behalf and authority Of the Company.
t~FFICIAL SEAL Notary Public for O on
,.~
NoTAROv Pua~c oRECON My Commission Expires:;/C7~
CUMAt;SStON ryU. 379786
MY COAIMISuIOk ~ r~'+18ES MAR ;!!, 2CgB
2 - St1PPLEMENTAL DECLARATION TO THE DECLARATION OF COVENANTS, CONDITIONS
AND RESTR/CTlONS FOR DAISY CREEK VILLAGE
Description: Jackson,OR Document-Year.DoclD 2005.34684 Page: 2 of 9
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