| | Timberhill
Southeast 1st Addition
-
Corvallis,
Oregon
- Platted in 1971
-
98 home lots
- Includes the streets of -
Walnut
Boulevard, Rolling Green Way, Garryanna Street, Green Circle,
Meadowgreen Place, Havengreen Place, Green Place, Terracegreen Place,
Forestgreen Avenue
-
CCR's (Covenants, Conditions and Restrictions) See Below
-
Home Owner Association-
Contact-
Not known
Mailing Address- Not known
Phone Number-
Not known Timberhill
Southeast 1st Addition Plat Map-Timberhill
Southeast 1st 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:
Timberhill
Southeast First Addition, as platted in Book 7 , Page 49 ,
Records
of Benton County. Oregon
(Exhibit A).
WHEREAS, Declarant desires to subject
said property to
certain protective covenants, conditions, restrictions, reservations,
easements,
and charges for the benefit of said property, and its present and
subsequent
owners as hereinafter specified, and will convey said property subject
thereto.
NON, 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
all of
which are for the purpose of enhancing and protecting the value,
desirability
and attractiveness of said property; that these easements, covenants,
restrictions, conditions and reservations shall constitute covenants to
run
with the land and shall be binding upon all persona 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.
“Association"
shall mean TIMBER HILL SOUTHEAST HOMEOWNERS ASSOCIATION, a non-profit
corporation organized under the laws of the State of Oregon, its
successors and
assigns;
2. '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;
3. '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;
4. '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.
5. “Member" shall mean, and refer to
every person or
entity who holds membership in the Association.
6. “Owner” shall moan 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.
7. “Declarant” or "Developer” 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.
8. “Building Sites” 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 it a
building is constructed thereon.
9. "Set back' means the minimum
distance between the
dwelling unit or other structure referred to and a given street or road
or lot
line.
10. “Mortgage" shall mean and refer
to any mortgage or
deed of trust, and 'Mortgagee" shall refer to the mortgagee or trustee
under a deed of trust.
ARTICLE II.ANNEXATION OP 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 'hall be included in any reference herein to said property' or "said
properties”.
1. Annexation of additional property
shall require the
assent of parsons entitled to cast two-thirds (2/3) of the votes of the
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-each class of 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 net less than 30 days nor more than 60 days In
advance of
such meeting, setting forth the purpose thereof.
The presence of numbers 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 five (5) 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 sub-paragraph (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 member*. 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 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 day 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 per cent (60%) of all of the votes of the
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 Lot,
Building Site,
or Dwelling Unit located on 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 Lot or Building Site or Dwelling Unit which
is
subject to assessment by the Association. Ownership of such Lot or
Building
Site or Dwelling Unit shall, be the sole qualification for membership,
and
shall automatically commence upon a person becoming such owner, and
shall
automatically terminate and laps when such ownership in said property
shall
terminate or be transferred.
ARTICLE IV. VOTING RIGHTS
The Association shall have two
classes of voting memberships:
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 Lot, Building Site, and
Dwelling Unit
in which they hold the interest required for membership by Article III.
When
more than one person holds such interest in any Lot, Building Site, or
Dwelling
Unit, all such persons shall be members. The vote or such Lot, Building
Site,
or Dwelling Unit 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 pore 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 three
(3) votes.
for each Lot in which it holds the interest required for membership by
Article
III; 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) When the total equal the total
votes outstanding in the
Class A membership equal the total votes outstanding in the Class B
membership;
or
(b) On a date five years from the
date of the recording of
these Covenants.
ARTICLE V.
PROPERTY
RIGHTS
Section I. Members' Easements of
enjoyment. Every member of
the Association shall have aright 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 a particular part of the Common Areas at any
one time;
b) The right of the Association to
charge reasonable
admission fees for the use of any recreational facility now or
hereafter
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 especial 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 Area
facilities for such purposes, and the rights of any mortgages in said
properties shall be subordinate to the rights of the homeowners
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' 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
membership,
(and a two-thirds majority of the votes of all classes of membership,
if there
is' more, than one class of member-ship) has been recorded in the
appropriate
County deed records, agreeing to such dedication or transfer, and
unless
written notice of the pro-posed 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 tines, and reasonable regulations and restrictions regarding
parking.
Section 2. Delegation of Use. Any
member may delegate, in
accordance with
Rules and Regulations adopted from
time to times by the
Directors, his right of enjoyment to the Common Areas and facilities to
the
members of his family, his tenants, customers, guests, or contract
purchasers
on the property, pursuant to reasonable rules and regulations
prescribed by the
Association from time to time.
Section 3.Title to the Common Areas. The Declarant hereby
covenants 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. Declarant 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, inch
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, bet shall not be a personal obligation of
successors in
title unless expressly assumed by then.
2. Purpose of Assessments. The
assessments levied by the
Association shall be used exclusively for the mutual benefit of the
said
property and to promote the recreation, health, safety, and welfare of
the
residents in said property end 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 tine buildings situated upon said property and including
without
being limited thereto, the payment of taxes and insurance on all or any
part of
the Common Areas.
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 $6.00
pas month for each Lot or Dwelling Unit subject thereto, or such lesser
sum as
may be provided in the Bylaws:
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 by the Board of Directors,
effective on the first day of the month following such increase,
without a vote
of the membership 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 be-comes effective.
b) From and after January 1 of the
year immediately
following the conveyance of the first Lotto 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 mashers. 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 4 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 merger or consolidation 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,
sitter giving said Owner reasonable written no-ties (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 patties are unable to agree, then as
appointed by the
said Court having general jurisdiction in the county in which said
property is
located.
4. Special Assessments for Capital
Improvements. In addition
to the 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
shall
require the assent of a two-thirds (2/3) majority of the votes of each
class of
members-who are Toting in person or by proxy at a meeting duly called
for this
purpose, written notice of ,or
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 must be fixed at a uniform-rats 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 or to perform
services
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
6, 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.
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 s certificate in writing signed by 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 eight
per cent
(8%) 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 the County in which said property is located, 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
fore-closure 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 Omit
or other
building is constructed thereon and occupied. However no land or
improvement's
devoted to dwelling use than 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
inconsistent 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 lets 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 suck 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 sane 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
shall such
encroaching building or structure for the purpose of occupying and
maintaining
the sass; 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 Maas
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, Howard R.
Baker, and W. Dale Dyer. 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 disapproved. The original members of the Committee
shall
serve for three years. New members shall be elected for a term of one
year 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
sake 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. In addition, the Association may, if it so desires, provide
exterior
maintenance upon and for each Lot subject to assessment hereunder, if
the owner
thereof has requested such maintenance in writing on terms acceptable
to the
Association, such maintenance may include, 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, except to the extent of any insurance proceeds payable
to the
Association, therefore. The Association shall have the right, after
notice to
the Owner, to enter upon any lot for the purpose of performing such
exterior
maintenance at reasonable hours on any day except Sunday.
Each owner shall be responsible for
maintaining and keeping
in good 'order and repair the interior of any building located upon
said
property by him.
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 squats feet, in a form approved by the Committee,
adverting the business conducted therein, or 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 waster. 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 am annoyance or nuisance to the neighborhood.
5. No trailer, camper-truck, tent,
garage, barn, shack, or
other outbuilding shall at any time be used as a residence temporarily
or
permanently one 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, or in
an
area-shielded from public view by fencing or landscaping in a manner
approved in
writing by the Architectural Committee, 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. No Owner shall remove or otherwise
alter any plant or
tree or any landscaping or improvement in any Common Area without the
written
consent of the Architectural Committee.
8. The records of the Secretary of
the Association 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 end/or any interest therein as to any
patters
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
cm:
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 the County in which said property is
situate, 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 dame be declared
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 herein above 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 tire 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 store 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 owners 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 tine 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 no 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 impose 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.
10 recorded, after which time said Covenants shall be automatically
extended
for successive periods of ten (10) years. Any of the covenants end
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 per cent (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 per
cent
(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 the Declarant, 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 the County in which said property is
situate, 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 ha
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
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 form fire and extended coverage insurance for the
full
replacement value there of purchased (missing content) 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 then legal
representatives,
and failure by Declarant or by the Association or by any Of the
property owners
or their legal representatives, heirs, successors or assigns, to
enforce any of
such conditions, restrictions or charges herein contained shall in no
event be
deemed a waiver of the right to do so.
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 in--- - tent 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 the Declarant alone, so long as it owns- any interest in any portion
of said
property.
IN WITNESS WHEREOF, we, the owners of
all property within
said Property, have hereunto caused these presents to be executed this
28th day
of. April, 1972. .
WEDGWOOD HOMES OF CORVALLIS, INC.
Corvallis,
Oregon Real Estate Home
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