| | Timberhill Addition
-
Corvallis,
Oregon
- Platted in 1969
-
105 home lots
- Includes the streets of -
Walnut
Boulevard, Arrowood Circle, Clover Place, Camas Place, Aspen Street,
Monterey Drive, Monterey Place, Chinquapin Place, Seneca Place
-
CCR's (Covenants, Conditions and Restrictions) See Below
-
Home Owner Association-
Contact-
Not known
Mailing Address- Not known
Phone Number-
Not known Timberhill
Addition Plat Map-Timberhill
Addition Home Styles-
THIS DECLARATION, made on the date
hereinafter set forth by
the undersigned, hereinafter referred to as "Declarant":
WHEREAS,
Declarant is the owner of certain real property in
the County of Benton, State of Oregon, hereinafter referred to as "said
property", more particularly described as follows:.
TIMBER
HILL as platted in Book 7 , page 9 , (Exhibit A)
WHEREAS, Declarant desires to subject
said property to
certain protective covenants, conditions, restrictions, reservations,
easements, liens and charges for the benefit of said property, and its
present
and subsequent owners as hereinafter specified, and will convey said
property
subject thereto.
NOW,
THEREFORE, Declarant hereby declares that all of the
said property is and shall be held and conveyed upon and subject to the
easements,
conditions, covenants, restrictions and reservations hereinafter set
forth; all
of which are for the purpose of enhancing and protecting the value,
desirability and attractiveness of said property. These easements,
covenants,
restrictions, conditions and reservations shall constitute covenants to
run
with the land and shall be binding upon all persons claiming under
them and
also that these conditions, covenants, restrictions, easements and
reservations
shall inure to the benefit of and be limitations upon all future owners
of said
property, or any interest therein:
ARTICLE
I. DEFINITIONS
Whenever
used in this Declaration, the following terms shall
have the following meanings:
1.
"Dwelling Unit" and "Garage" shall
include both the main portion of any structure intended to be occupied
by one
family as. a dwelling and all projections there from but shall not
include the
eaves of such structures, nor uncovered front porches or steps;
2.
"Association" shall mean TIMBER HILL HOMEOWNERS
ASSOCIATION, a non-profit corporation organized under the laws of the
State of Oregon,
its successors and assigns;
3.
"Said Property" shall mean and refer to that
certain real property hereinbefore described, and such additions
thereto as may
hereafter be brought within the jurisdiction of the Association by
recorded
declarations in the manner hereinafter set forth;
4.
"Common Area" shall mean all real property and
appurtenances thereto, now or hereafter owned by the Association for
the common
use and enjoyment of the members of the Association;
5.
"Lot" shall mean and refer to any plot of land
shown upon any recorded subdivision map of the Properties with the
exception of
Common Areas, and to any parcel of said property under one ownership
consisting
of a portion of one or more of such lots and/or contiguous portions of
two or
more contiguous lots and upon which a dwelling has been constructed and
occupied.
6.
"Member" shall mean and refer to every person
or entity who holds membership in the Association.
7.
"Owner" shall mean and refer to the record
owner (including con-tract sellers), whether one or more persons or
entities,
of all or any part of said property, excluding those having such
interest
merely as security for the performance of an obligation.
8."Declarant"
shall mean and refer to the
undersigned, their successors, heirs and assigns, if such successors,
heirs or
assigns should acquire more than one undeveloped lot or building site
from the
Declarant for the purpose of development.
9.
"Building Site" shall mean and refer to a Lot,
or to any parcel of said property under one ownership which consists of
a
portion of one of such lots or contiguous portions of two or more
contiguous
lots if a building is constructed thereon.
10.
"Set back" means the minimum distance between
the dwelling unit or other structure referred to and a given street or
road or
lot line.
ARTICLE
II.
ANNEXATION OF ADDITIONAL PROPERTY
Real
property in addition to that described in EXHIBIT A may
be made subject to the jurisdiction of the Association, whereupon
automatically
it shall be included in any reference herein to "said property" or
"said properties".
1.
Annexation of additional property shall require the
assent of persons entitled to cast two-thirds (2/3) of the votes of the
Class B
members present in person or by written proxy and (except as provided
in
Section 2 below) the assent of persons entitled to cast two-thirds
(2/3) of the
votes of the Class A members present in person or by written proxy at a
meeting
of the Association duly called for such purpose, written notice of
which shall
be sent to all members not less than 30 days nor more than 60 days in
advance
of such meeting, setting forth the purpose thereof.
The
presence of members entitled to cast 60% of the votes of
each class of membership shall constitute a quorum at such meeting. In
the
event that a quorum is not forthcoming at any such meeting, another
meeting may
be called, subject to the notice requirement set forth above, and the
required
quorum at such meeting shall be one-half of the required quorum at the
preceding meeting. If the required assent is not forthcoming, no
subsequent
meeting shall be held for the purpose of annexing such property for
sixty days
from the date of the last of such meetings.
2.
If within ten (10) years of the date of incorporation of
this Association, the Declarant should develop additional lands within
the area
described in EXHIBIT B attached hereto, such additional lands may be
annexed to
said properties without the assent of the Class A members; provided,
however,
that if any of said property is subjected to an FHA-insured mortgage,
then the
development of additional lands referred to in this subparagraph (2)
shall be
in accordance with the general land development plans submitted to the
Federal
Housing Administration with the processing papers for the first
application for
an FHA-insured mortgage on any part - of said property. Detailed plans
for the
development of additional lands must be submitted to the Federal
Housing
Administration prior to such development, if such property is to be
annexed to
the Association without the consent of the Class A members. If the
Federal
Housing Administration determines that such detailed plans are not in
accordance with the general plan on file and so advises the Association
and the
Declarant, the development of the additional lands must have the
assent of
two-thirds (2/3) of the Class A members who are voting in person or by
prosy at
a meeting duly called for this purpose, written notice of which shall
be sent
to all members not less than 30 days nor more than 60 days in advance
of the
meeting setting forth the purpose of the meeting. At this meeting, the
presence
of members or of proxies entitled to cast sixty percent (60%) of all of
the
2.votes of the Class A membership shall constitute a quorum. If the
required
quorum is not forthcoming at any meeting, another meeting may be
called,
subject to the notice requirement set forth above, and the required
quorum at
any such subsequent meeting shall be one-half (1/2) of the required
quorum at
the preceding meeting. No such subsequent meeting shall be held more
than 60
days following the preceding meetings. Unless otherwise specifically so
stated,
submission by the developer to FHA of a general development plan shall
not
obligate developer to make the proposed annexations.
ARTICLE
III. MEMBERSHIP
Every
person or entity who is a record owner (including
contract sellers) of a fee or undivided fee interest in any Dwelling
Unit or
any Lot, or Building Site located
upon any part of said
property shall, by virtue of such ownership, 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.
Membership
shall be appurtenant to and may not be separated from ownership of any
such
Dwelling Unit, Lot or Building Site
made subject to the
jurisdiction of the Association. Such ownership shall be the sole
qualification for membership, and shall automatically commence upon a
person
becoming such owner, and shall automatically terminate and lapse when
such
ownership in said property shall terminate or be transferred.
ARTICLE
IV. VOTING RIGHTS
The
Association shall have two classes of voting membership:
Class
A. Class A members shall be all those Owners as
defined in Article III with the exception of the Declarant. Class A
members
shall be entitled to one vote for each Dwelling Unit, Lot
and Building Site in which they hold the interest required for
membership by
Article III. When more than one person holds such interest in any
Dwelling Unit
or Lot or Building Site, all such persons shall be members: The vote
for such
Dwelling Unit, Lot or Building Site shall be exercised as they among
themselves
determine, or if unable to agree, they may cast fractional votes
proportionate
to their ownership interests, but in no event shall more than one Class
A vote
be cast with respect to any one Dwelling Unit or Lot. The vote
applicable to
any of said property being sold under a contract of purchase shall be
exercised
by the contract vendor unless the contract expressly provides otherwise.
In
order to prevent duplication of voting rights, if the
owner of a Dwelling Unit is entitled to a vote by reason of any such
ownership,
neither he nor any other person shall be entitled to a vote by virtue
of
ownership of any interest in the land upon which is located the
building in
which such Dwelling Unit is located.
Class
B. The Class B member(s) shall be the Declarant, its
successors and assigns Class B member(s) shall be entitled to five (5)
votes
for each Lot in which it holds the interest required for membership by
Article
III, and which is subjected to the jurisdiction of the Association by
re-corded
covenants; provided that existing Class B votes shall be converted to
Class A
votes upon the happening of either of the following events, whichever
occurs
earlier:
a)
On a date ten (10) years from the date of filing of the
Articles of Incorporation of TIMBER HILL HOMEOWNERS ASSOCIATION; or
b)
When the total votes outstanding in the Class A
membership equal. the total votes outstanding in the Class B
membership; provided
that if Declarant subjects additional property to the jurisdiction of
the
Association by recorded covenants in the manner provided herein, it
shall be
entitled to Class B votes for such additional property as indicated
above.
ARTICLE
V. PROPERTY RIGHTS
Section
I.
Members' Easements of Enjoyment. Every member of the Association shall
have a
right and easement of enjoyment in and to the Common Areas and such
easement
shall be appurtenant to and shall pass with the title to every assessed
Lot;
subject, however, to the following provisions:
a)
The right of the Association to limit the number of
members ' permitted to use the Common Areas;
b)
The right of the Association to charge reasonable
admission fees for the use of any recreational facility situated upon
the
Common Areas or otherwise controlled by the Association, including,
particularly,
the right to charge an annual or other periodic fee for members who
desire
exclusive use of such facility and who are willing to pay a special fee
or
assessment for such use;
c)
The right of the Association, in accordance with its
Articles and Bylaws, to borrow money for the purpose of improving the
Common
Areas and facilities and in aid thereof to mortgage said Common Areas
facilities for such purposes, and the rights of any mortgages in said
properties shall be subordinate to the rights of the home-owners
hereunder;
d)
The right of the Association to suspend any member's
voting rights and/or right to use of any of the recreational facilities
owned
by the Association, for any period during which any assessments against
said
member's property remains unpaid; and for a period not to exceed thirty
(30)
days for each infraction of its published rules and regulations;
e)
The right of the Association to dedicate or transfer all
or any part of the Common Areas to any public agency, authority, or
utility for
such purposes and subject to such conditions as may be agreed to by the
members. No such condition or transfer shall be effective unless an
instrument
signed by members entitled to cast a two-thirds of the votes of the
Class A
membership and a two-thirds of the votes of the Class B membership, if
any, has
been recorded in the appropriate records of Benton County, Oregon,
agreeing to
such dedication or transfer, and unless written notice of the proposed
action
is sent to every member not less than thirty (30) days nor more than
ninety
(90) days prior to such dedication or transfer;
f)
The right of the Directors of the Association to
promulgate reasonable rules and regulations governing such rights of
use, from
time to time, in the interest of securing maximum safe usage of such
Common
Areas by the members of the Association without unduly in-fringing 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 said property
during
certain times, and reasonable regulations and restrictions regarding
parking.
Section 2. Delegation of Use. Any
member may delegate, in
accordance with the Rules and Regulations adopted from time to time by
the
Directors, his right of enjoyment to the Common Areas and facilities to
the
members of his family, his tenants, or contract purchasers, providing
they
reside on the property.
Section 3.
Title to the Common Areas. The Declarant hereby
covenants for itself, its heirs and assigns, that it will convey to the
Association
fee simple title to the Common Areas designated as such on EXHIBIT A,
prior to
the conveyance of the first Lot
which is subjected to an
FHA-insured mortgage.
ARTICLE
VI.
COVENANT FOR MAINTENANCE ASSESSMENT
1.
Creation of the Lien and Personal Obligation of
Assessments. The Declarant hereby covenants for all of said Property,
and each
Owner of any Dwelling Unit, Lot or Building Site by acceptance of a
deed or contract
of purchase therefore, whether or not it shall be so expressed in any
such deed
or other conveyance or agreement for conveyance, is deemed to covenant
and
agree to pay to the Association: (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 hereinafter
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 reason-able attorney's fees, shall also be the
personal obligation of the person who was the Owner of such property at
the
time such assessment was levied. The obligation shall remain a lien on
the
property until paid or fore-closed, but shall not be a personal
obligation of
successors in title unless expressly assumed by them.
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 in said
property and
in particular for the improvement and maintenance of said property,
any Common
Areas, the services and facilities devoted to this purpose and related
to the
use and enjoyment of the Common Areas, and of the Dwelling Units
situated upon
said property and including, without being limited thereto, the payment
of
taxes and insurance on all or any part of said property.
3. Basis and
Maximum Annual Assessments. Until January 1 of
the year immediately following the conveyance of the first Dwelling
Unit or Lot
or Building Site to an Owner, the maximum regular assessment shall be
TWO($2.00)
Dollars per month for each Lot or
Dwelling Unit subject
thereto.
a) From and
after January 1 of the year immediately
following the conveyance of the first Lot or Dwelling Unit to an Owner,
the
maximum monthly assessment may be increased effective January 1 of each
year,
beginning January 1, 1971, without a vote of the member-ship in
conformance
with the rise, if any, of the Consumer Price Index (published by the
Department
of Labor, Washington, D. C., or successor U. S. Governmental agency,
U.. S.
city average) from July of the year in which these covenants are
recorded to
July of the year preceding the year in which such increase becomes
effective.
b)
From and after January 1 of the year immediately
following the conveyance of the first Lot to an Owner, the maximum
monthly
assessment may be increased above that determined by reference to the
Consumer
Price Index, as aforesaid, by a vote of the members, provided that any
such
increase shall be approved by the affirmative vote of not less than
two-thirds
of the votes of each class of 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 30 days nor more than 60 days in advance
of the
meeting setting forth the purpose of the meeting. The limitations
hereof shall
not apply to any change in the maximum flat charge and basis of the
assessments
undertaken as an incident to a merger or consolidation in which the
Association
is authorized to participate under its Articles of Incorporation.
c)
After consideration of current maintenance costs and
future needs of the Association, the Board of Directors may fix a
regular flat
assessment upon a monthly, quarterly, or annual basis at an amount not
in
excess of the maximum specified above.
d)
If any Owner should fail to keep and maintain properly
the exterior of any building or lot or the exterior of any common or
other
area of said property owned or maintained by said Owner in good
condition, or
if any part of said property becomes damaged or destroyed, then the
Association, after giving said Owner reasonable written notice (by
Certified
or Registered Mail with return receipt requested, quoting a copy of
this
paragraph), may enter upon said property and perform said maintenance
and
assess the reasonable cost thereof to said Owner, such assessment shall
be
added to the regular assessment and become a lien and enforceable In
the same
manner. Disputes concerning the enforcement of this provision and the
necessity of such maintenance or replacement shall be arbitrated by an
arbitrator to be mutually agreed upon by the parties, or if the parties
are
unable to agree, then as appointed by the Circuit Court of the State of
Oregon
for Benton County or other court of appropriate jurisdiction.
4.
Special Assessments for Capital Improvements. In addition
to 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 Areas, including the necessary fixtures and
personal property related thereto, provided that, except for repairs or
replacements, any such assessment for structural alterations, capital
additions
or capital improvements reflecting an expenditure of in excess of
$500.00 shall
require the assent of a two-thirds (2/3) majority of the votes of each
class of
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 more than sixty (60) days in advance of the
meeting
setting forth the purpose of the meeting.
5.
Uniform Rate of Assessment. Both regular periodic flat
charges and any special assessments (except those levied pursuant to
Paragraph
3(d) above) must be fixed at a uniform rate for all Dwelling Units,
Lots and
Building Sites, and may be collected on an annual, quarterly, or
monthly basis
in the discretion of the Directors; except that assessments may be
levied
applicable to some Lots only with prior consent by the Owners of such
lots if
such procedure is considered equitable in the discretion of the Board
in order
to construct facilities to be available only to the members desiring
to pay
for the cost thereof.
6.
Quorum For Any Action Authorized Under Sections 3 and 4.
At the first meeting called, as provided in Sections 3 and 4 hereof,
the
presence at the meeting of members or of proxies entitled to cast sixty
percent
(60%) of all the votes of each class of membership shall constitute a
quorum.
If the required quorum is not forthcoming at any meeting, another
meeting may
be called, subject to the notice requirement set forth in Section 3 and
4, and
the required quorum at such subsequent meeting shall be one-half of the
required quorum at the preceding meeting. No such subsequent meeting
shall be
held more than sixty (60) days following the date of the meeting at
which no
quorum was forthcoming.
7.
Date of Commencement of Annual Assessments: Due Dates.
All Dwelling Units, and all Lots and Building Sites upon which
buildings have
been constructed shall be subject to the annual or monthly assessments
provided
for herein on the first day of the month following the date the
designated park
or recreation facilities are available for use by the members. The
first
regular assessment shall be adjusted according to the number of months
remaining in the calendar year but in no event shall an assessment be
levied
for a period in which a Lot was not
accessible from a
paved street or roadway to an improved public street. The Board of
Directors
shall fix the amount of the regular assessment at least thirty (30)
days in
advance of each 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 special Lot
have been paid. A reasonable charge may be made by the Board for the
issuance
of these certificates. Such certificate shall be conclusive evidence of
payment
of any assessment therein stated to have been paid.
8.
Effect of Nonpayment of Assessments: Remedies of the
Association Any assessments which are not paid when due shall be
delinquent. If
the assessment is not paid within thirty (30) days after the due date,
the
assessment shall bear interest from the date of delinquency at the rate
of six
percent (6%) per annum. The Secretary of the said Association shall
file in the
office of the Director of Records, County Clerk or appropriate recorder
of
conveyances of Benton County, State of Oregon, within ten (10) days
after
delinquency, a statement of the amount of any such charges or
assessments,
together with interest as aforesaid, which have become delinquent with
respect
to any Dwelling Unit, Lot or Building Site on 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 assessments, together with
interest,
costs and expenses and a reasonable attorney's fee for the filing and
enforcement thereof, shall constitute a lien on the whole Dwelling
Unit, Lot or
Building Site (including any undivided interest in common elements of
any
Dwelling. Unit, Lot or Building Site in any condominium), with respect
to which
it is fixed from the date the note of delinquency thereof is filed in
the
office of said Director of Records or County Clerk, or other
appropriate
recording office, until the same has been-paid or released as herein
provided.
Such lien may be enforced by said Association in the manner provided
by law
with respect to liens upon real property. The owner of said property at
the
time said assessment is levied shall be personally liable for the
expenses,
costs and disbursements, including reasonable attorney's fees of the
Declarant
or of the Association, as the case may be, of processing and if
necessary,
enforcing such liens, all of which expense, costs and disbursements and
attorney's fees shall be secured by said lien, including fees on
appeal, and
such owner at the time such assessment is levied, 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 Dwelling Unit, Lot
or Building Site.
9.
Subordination of the Lien to Mortgages. The lien of the
assessments provided for herein shall be inferior, junior and
subordinate to the
lien of all mortgages and trust deeds now or hereafter placed upon said
property or any part thereof. Sale
or transfer of any Dwelling Unit, Lot
or Building Site,
or any other part of said property shall not affect the assessment
lien.
However, the sale or transfer of any Dwelling Unit or Lot or Building
Site
which is subject to any mortgage, pursuant to a decree of fore-closure
under
such mortgage or any proceeding in lieu of foreclosure thereof, shall
extinguish the lien of such assessments as to amounts thereof which
became due
prior to such sale or transfer; and such lien shall attach to the net
proceeds
of sale, if any, remaining after such mortgages and other prior liens
and
charges have been satisfied. No sale or transfer shall relieve such
Dwelling
Unit, Lot or Building Site from
liability for any
assessments thereafter becoming due or from the lien thereof.
10.
Exempt Property. The following property subject to this
Declaration shall be exempt from the assessments created herein; (a)
all
properties expressly dedicated to and accepted by a local public
authority;
(b) any Common Areas; (c) all other properties owned by the
Association; and
(d) property owned by the Declarant prior to the time a Dwelling Unit
or other
building is constructed thereon and occupied. However, n,, no land or
improvements de-voted to dwelling use shall be exempt from said
assessments. ARTICLE VII.
PARTY WALLS
1.
General Rules of Law to Apply. Each wall which is built
as a part of the original construction of the homes upon the properties
and
placed on or immediately adjacent to the dividing line between the Lots
owned
by different persons shall constitute a party wall, and, to the extent
not
in-consistent with the provisions of this Article, the general rules of
law regarding
party walls and liability for property damage due to negligence or
willful acts
or omissions shall apply thereto.
2.
Sharing of Repair and Maintenance. The cost of reasonable
repair and maintenance of a party wall shall be shared equally by the
Owners
whose. Lots abut such wall.
3.
Destruction by Fire or other Casualty. If a party wall is
destroyed or damaged by fire or other casualty, any Owner who has used
the wall
may restore it, and if the other owners thereafter make use of the
wall, they
shall contribute to the cost of restoration thereof in proportion to
such use,
without prejudice, however, to the right of any such owners to call for
a
larger contribution from the others under any rule of law regarding
liability
for negligent or willful acts or omissions. The word "use" as referred
to herein means ownership of a dwelling unit or other structure which
incorporates such wall or any part thereof.
4.
Weatherproofing. Notwithstanding any other provision of
this Article, an owner who by his negligent or willful act causes the
party
wall to be exposed to the elements shall bear the whole cost of
furnishing the
necessary protection against such elements.
5.
Right 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 shall pass to such owner's successors in
title.
6.
Arbitration. Any dispute concerning a party wall or any
provisions of this Article shall be arbitrated. Each party shall choose
one
arbitrator, and such arbitrators shall choose an additional arbitrator,
and the
decision shall be by a majority of all the arbitrators.
7.
Encroachments. If any portion of a party wall or other
part of a building or structure now or hereafter constructed upon said
property
encroaches upon any part of the Common Areas or upon the Lot or Lots
used or
designated for use by another lot owner, an easement for the
encroachment and
for the maintenance of same is granted and reserved and shall exist,
and be
binding upon the Declarant and upon all present and future owners of
any part
of said property for the benefit of the present and future owners of
such
encroaching building or structure for the purpose of occupying and
maintaining
the same; in the event a structure consisting of more than one dwelling
unit
becomes partially or totally destroyed or in need of repair or
replacement,
mutual and reciprocal easements. are granted and reserved upon the
Common Areas
and in and upon each Dwelling Unit and Lot for the benefit of the
Association
and the adjacent owner or owners to the extent reasonably necessary or
advisable to make repairs and replacements; and minor encroachments
resulting
from any such repairs and/or replacements and the maintenance thereof
are
hereby granted and reserved for the benefit of the present and future
owners
thereof. The easements for encroachment herein granted and reserved
shall run
with the land.
ARTICLE
VIII ARCHITECTURAL CONTROL
1.
No building, fence, wall, hedge, structure, improvement,
obstruction, ornament, landscaping or planting shall be placed or
permitted to
remain upon any part of said property unless a written request for
approval
thereof containing the plans and specifications therefore, including
exterior
color scheme, has been approved in writing by a majority of the
Architectural
Committee or by its representative designated by a majority of the
Committee.
2.
The Architectural Committee referred to herein shall be
composed of John H. Klein, W. Dale Dyer, Howard R. Baker, and Lester A.
Dow.
Its decision shall be final and binding; however, applications may be
resubmitted.
Upon failure of the committee or its designated representative to
approve or
disapprove any application for a period of thirty (30) days after it
has been
submitted in writing, in duplicate, to the Chairman of the committee
or his
designated representative, said application will be deemed to have been
approved if the said Chairman has signed and dated said application,
acknowledging receipt thereof on a copy submitted with the original.
The
original members of the Committee shall serve for three years. New
members
shall be elected for a term of three years by majority vote of the
members of
the Architectural Committee. If any member of the Committee is unable
or unwilling
to act, the remaining members shall elect a successor to serve out the
unexpired term.
3.
No member of the Architectural Committee, however
created, or constituted, shall receive any compensation from the
Association or
make any charge for his services as such.
ARTICLE
IX. EXTERIOR MAINTENANCE
1.
Maintenance of Common Areas and Exterior Maintenance. The
Association shall maintain or provide for the maintenance of the
Common Areas,
and in addition, the Association may, if it so desires, provide
exterior
maintenance upon and for each Lot-subject to assessment hereunder,
including,
without being limited to, the following: paint, repair, replace and
care for
roofs, gutters, downspouts, exterior building surfaces, trees, shrubs,
grass,
landscaped areas, walks and other exterior improvements. Such exterior
maintenance shall not include glass surfaces. In the event that the
need for
such maintenance or repair is caused through the willful or negligent
act or
omission of the Owner, his family, tenants, guests or invitees, the
cost of
such maintenance or repairs may, in the discretion of the Directors,
be added
to and become a part of the assessment to which such lot is subject,
and a lien
and enforceable in the same manner. Damage caused by fire, flood,
storm,
earthquake, riot, vandalism or other causes other than normal wear from
use and
the elements shall be the responsibility of each owner and not included
in any
maintenance provided by the Association.
Each
owner shall be responsible for maintaining and keeping
in good order and. repair the interior of his own dwelling unit. .
ARTICLE
X. PROPERTY USE RESTRICTIONS
The following restrictions shall be
applicable to the real
property described in EXHIBIT A and shall be for the benefit of and
limitations
upon all present and future owners of said property, or of any interest
therein:
1.
Unless written approval is first obtained from the
Architectural Committee, no sign of any kind shall be displayed to
public view
on any building or building site on said property except one
professional sign
of not more than five square feet advertising the property for sale or
rent, or
signs used by the developer to advertise the property during the
construction
and sales period. If a property is sold or rented, any sign relating
thereto
shall be removed immediately, except that the Declarant and only
Declarant or
its agent may post a "Sold" sign for a reasonable period following a
sale.
2.
No animals, livestock or poultry of any kind shall be
raised, bred or kept on any part of said property, except dogs, cats,
or other
household pets provided that such household pets are not kept, bred or
maintained for any commercial purpose.
3.
No part of said property shall be used or maintained as a
dumping ground for rubbish, trash, garbage, or any other waste. No
garbage,
trash or other waste shall be kept or maintained on any part of said
property
except in a sanitary container. All incinerators or other equipment for
the
storage of disposal of such material shall be kept in a clean and
sanitary
condition.
4.
No noxious or offensive or unsightly conditions shall be
permitted upon any part of said property, nor shall anything be done
thereon
which may be or become an annoyance or nuisance to the neighborhood.
5.
No trailer, camper-truck, tent, garage, barn, shack, or
other out-building shall at any time be used as a residence temporarily
or
permanently on any part of said property.
6.
Parking of boats, trailers, motorcycles, trucks,
truck-campers and like equipment, or junk cars or other unsightly
vehicles,
shall not be allowed on any part of said property nor on public ways
adjacent
thereto excepting only within the confines of an enclosed garage, and
no
portion of same may project beyond the enclosed area except under such
circumstances,
if any, as may be prescribed by written permit approved by the
Architectural
Committee. All other parking of equipment shall be prohibited except as
approved in writing by the Architectural Committee.
7.
It shall be the obligation of each Owner of any Lot or
Building Site to keep and maintain the same, and any building now or
hereafter
located thereon, in proper condition, including the area between his
property
line and the improved portion of any abutting public curb or street,
including
sidewalks, if any, through an association of homeowners or otherwise,
and to
keep and maintain in good condition any common areas owned by any such
service
association or other association.
8.
No owner shall remove or otherwise alter any plant or
tree or any landscaping or improvement in any Common Area or in any
recreational area without the written consent of the Architectural
Committee.
9. The records of the Secretary of
the Association shall be
conclusive evidence as to all matters shown by such records and the
issuance of
a certificate of completion and compliance by the Secretary or
Assistant
Secretary of the Association showing that the plans and specifications
for the
improvement or other matters herein provided for have been approved,
and that
said improvements have been made in accordance therewith, or a
certificate as
to any matters relating to and within the jurisdiction of the
Association by
the Secretary thereof, shall be conclusive evidence that shall fully
justify
and protect any title company certifying, guaranteeing, or insuring
title to
said property, or any portion thereof, or any lien thereon and/or any
interest
therein as to any matters referred to in said certificate, and shall
fully
protect any purchaser or encumbrancer from any action or suit under
this
Declaration. After the expiration of one year following the issuance of
a
building permit therefore by municipal or other governmental authority,
any
structure, work, improvement or alteration shall, as to any purchaser
or
encumbrancer in good faith and for value and as to any title company
which
shall have insured the title thereof, be deemed to be in compliance
with all
the provisions hereof, unless a notice of non-compliance executed by
the
Association shall have appeared of record in the office of the County
Clerk of
Benton County, State of Oregon, or unless legal proceedings shall have
been
instituted to enforce completion or compliance.
ARTICLE
XI. EASEMENTS
All
conveyances of land situate in the said Property, made
by the Declarant, and by all persons claiming by, through, or under the
Declarant, shall be subject to the foregoing restrictions, conditions
and
covenants, whether or not the same be expressed in the instruments of.
conveyance, and each and every such instrument of conveyance shall
likewise be
deemed to grant and reserve, whether or not the same be declared
therein
therein, mutual and reciprocal easements over and across and under all
Common
Areas and over, across and under all land situate within 5 feet of the
side and
rear lines of each Lot or Building Site now or hereafter recorded or
platted or
conveyed by recorded instrument in said Property (except that the side
and
rear line easement shall be 10 feet along the perimeter of this
subdivision),
and excepting any portion of said property which may now or hereafter
be occupied
by a residence shall not thereafter be subject to any easement not
theretofore
applied to use, for the purpose of building, constructing and
maintaining
thereon underground or concealed electric and telephone lines, gas,
water,
sewer, storm drainage lines, radio or television cables and other
services now
or hereafter commonly supplied by public utilities or municipal
corporations,
all of said easements shall be for the benefit of all present and
future owners
of property subjected to the jurisdiction of the Association by
covenants and
restrictions recorded and approved as hereinabove provided; said
easements
however shall not be unrestricted, but shall
be subject to reasonable rules and
regulations governing
rights of use as adopted from time to time by the Directors of the
Association
in the interests of securing maximum safe usage of said property
without unduly
in-fringing upon the rights or privacy of the owner or occupant of any
part of
said property. (See also easement for encroachments specified in
Article VII).
Provided further that if any two or more lots or fraction of one or
more lots
shall be developed for one building as a single tract or building site,
then
said easements shall thereafter be located on the area within five (5)
feet of
the side and rear lines of said building site; if there has been an
application
to use of such easement prior to development of such lots or fraction
of one or
more lots to such a building site, then, subject to the approval of the
Association, such easement may be relocated, but any expense involved
in moving
any sewer or storm lines or other utility lines shall be borne by the
Owner of
the lot or building site, the development of which requires movement of
such
lines; and a further mutual and reciprocal easement for sidewalk
purposes is
granted and reserved over and across the front ten (10) feet of each
Lot in
said property, and over all Common Areas in said property, for the
purpose of
constructing and maintaining and repairing sidewalks for the benefit of
the
residents of said property, their tenants and guests, subject however,
to rules
and regulations reasonably restricting the right of use thereof for the
safety
and welfare of the public as may be promulgated from time to time by
the
Association and/or public authority. A corner lot shall be considered
to have
two front sides for purposes of this sidewalk easement. The "front"
of a Lot shall be deemed to be only that portion of a lot abutting a
public
street or highway, and the sidewalk easement herein granted and
reserved shall
not be deemed to include a town house lot which abuts a common area or
private
road or driveway only and does not directly abut a public street or
highway.
ARTICLE
XII.
GENERAL PROVISIONS
1.
Enforcement. The Association, or any Owner, or the owner
of any recorded mortgage upon any part of said Property, shall have the
right
to enforce, by any proceeding at law or in equity, all restrictions,
conditions,
covenants, reservations, liens and charges now or hereafter imposed by
the
provisions of this Declaration. Failure by the Association, or by any
Owner to
enforce any covenant or restriction herein contained shall in no event
be
deemed a waiver of the right to do so thereafter.
2.
Severability. Invalidation of any one of these covenants
or restrictions by judgment or court order shall in no wise affect any
other
provisions which shall remain in full force and effect.
3.
Amendment. The Covenants and restrictions of this Declaration
shall run with and bind the land, and shall inure to the benefit of and
be
enforceable by the Association, or the Owner of any Lot subject to this
Declaration, their respective legal representatives, heirs, successors
and
assigns, for a term of twenty-five (25) years from the date this
Declaration-is
recorded, after which time said covenants shall be automatically
extended for
successive periods of ten (10) years. Any of the covenants and
restrict-ions of
this Declaration except the easements herein granted may be amended
during the
first twenty-five (25) year period by an instrument signed by members
entitled
to cast not less than seventy-five percent (75%) of the votes of each
class of
membership. Easements herein granted and reserved shall not be amended
except
by instrument signed and acknowledged by one hundred percent (100%) of
the
Owners of the property affected, the Architectural Committee, by the
Planning
Commission or by the governing body of the County or other public
authority
having jurisdiction over the granting of building permits in said
property, and
by WEDGWOOD HOMES OF CORVALLIS, INC., so long as it owns any interest
in the
real property referred to in EXHIBIT B. All such amendments must be
recorded in
the appropriate Deed Records of Benton County, Oregon, to be effective.
[See
also easements for encroachments specified in Article VII.
4.
No Right of Reversion. Nothing herein contained in this
Declaration, or in any form of deed which may be used by Declarant, or
its
successors and assigns, in selling said property, or any part thereof,
shall
be deemed to vest or reserve in Declarant or the Association any right
of
re-version or re-entry for breach or violation of any one or more of
the
pro-visions hereof.
5.
Insurance. The owner of every building or dwelling unit
located upon any part of said property shall at all times cause the
same to be insured
with broad for fire and extended coverage incurrence for the full
replacement
value thereof, and ;shall upon request, cause the insurance company to
furnish
the Association with a certificate showing said insurance to be in
effect. If
any owner fails to furnish the Association said certificate, the
Association
may obtain (but it shall not be obligated to do so) such insurance with
the
proceeds payable to the owner, any mortgagees, and to the Association
as their
respective interests may appear. The Association Snail assess the cost
of such
insurance against the owner, and such assessment shall become a lien
and
collectable and enforceable in the same manner as all assessments
provided for
herein.
6.
Benefit of Provisions Waiver. The provisions contained in
this Declaration shall bind and inure to the benefit 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 leg-el
representatives,
and failure by Declarant Or by the Association or by any of the
property owners
or their legal representatives, heirs, successors or assigns, to
enforce any of
such conditions, restrictions or charges herein contained shall in no
event be deemed
a waiver of the right to do no.
7.
Assignment by
Declarant. Any or all rights, powers, and reservations of Declarant
herein
contained may be assigned to the Association or to any other
corporation or
association which is now organized or which may hereafter be organized
and
which will assume the duties of Declarant hereunder pertaining to the
particular rights, powers and reservations assigned; and upon any 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. All rights of Declarant
hereunder
reserved or created shall be held and exercised by WEDGWOOD HOMES OF
CORVALLIS,
INC. alone, so long as it owns any interest in any portion of said
property.
8.
FHA Approval. As long as there is a Class B membership,
the following actions will require the prior approval of the Federal
Housing
Administration if there is an FHA-insured mortgage on any Lot
in said properties: Annexation of additional properties, dedication of
Coe-non
Areas, and amendment of this Declaration of Covenants, Conditions and
Restrictions.
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