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  • CCRs 2019 HOME OWNERS NEW DECLARATION

     


    2019  SILVER SPRINGS SINGLE FAMILY HOME OWNERS DECLARATION:

    (This Document is NOT a HOA Board Version of the Silver Springs Single Family Subdivision Declaration of the CCR. And it is NOT an amendment to the 1979 Community Developers (SSD, Inc.) CCR.  This Home Owner New Declaration includes profuse Owner Input during attendance at the Annual Meetings, Town Hall, and ad hoc meetings, and many “Tickets”, emails, and other forms of communication to the Board during October, November, and December 2018 and January 2019).

    2019 DRAFT  DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS

    SUMMIT COUNTY, UTAH

    A DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE SILVER SPRINGS SINGLE FAMILY NEIGHBORHOOD  (hereinafter the “Declaration”) is adopted by Silver Springs Single Family Home Owners (hereinafter the “Declarant” or “Association”).  This Declaration supersedes and replaces all former Declarations and all former Amendments thereto.  Declarant hereby Covenants, agrees and declares that all of said Lots described in Exhibit A, including Plat Parcels SLS-1A through SLS-1E, and such additions thereto, as may hereafter be made hereof shall be held, sold, and conveyed subject to the following covenants, conditions, restrictions and easements which are hereby declared to be for the benefit of the whole tract and all the Owners thereof, their successors and assigns. This Declaration is effective as of the date it is recorded in the Summit County Recorder’s Office.

    The Association is the representative, subservient to the Owners, administrator for the individually and privately owned real property known as the Silver Springs Single Family Subdivision, located in Summit County, State of Utah and more particularly described on Exhibit A attached hereto and incorporated herein by this reference. There are no common areas, open spaces, or amenities recorded, deeded or owned by this Association within these platted bounds.

    The Association is a member of the Silver Springs Master Homeowner’s Association, State of Utah Corporation Entry 1063089-0140, pursuant to the:  Developer-Homeowner Agreement, Silver Springs  Subdivision, agreed upon on October 3, 1989, and recorded January 5, 1990 as Summit Country Recorder Document Entry 318770, Book 550,  pp 111-130.
    and the:  Master Association 1989 Draft Bylaws recorded on July 25, 2008 as Summit County Recorder Document Entry 00851062,  Book 1941, pp 1824-1838.

    NOW, THEREFORE, THIS DECLARATION IS ADOPTED TO DEFINE THE RIGHTS OF THE OWNERS AND HOW THEIR ASSOCIATION WILL PROTECT THOSE RIGHTS; TO PROVIDE A GENERAL PLAN FOR MANAGING THE ASSOCIATION EFFICIENTLY AND ECONOMICALLY; TO PROVIDE RESPONSIBLE, STREAMLINED AND FULLY TRANSPARENT MANAGEMENT OF THE OWNERS’ ASSOCIATION WITHOUT INTRUSION ON PRIVATE PROPERTY RIGHTS OR IMPINGING OWNER’S AUTHORITY.


    ARTICLE 1 – DEFINITIONS
    As used herein, unless the context otherwise requires:

    1.2. “Allocated Interest” shall mean the equal interest of each Owner in the Common Expense liability, the equal interest for the purposes of voting in the Association, and equal interest for other purposes indicated in this Declaration.  Multiple Owners of a Lot shall jointly hold one Allocated Interest. Allocated Interest and Voting Interest may be used interchangeably herein.

    1.3. “Articles” shall mean the voted on by the Owners, and recorded Articles of Incorporation formed for the identification of the Association to define the Association’s organization, purpose and policies.

    1.4. “Assessments” shall mean any monetary charge approved by the 51%  vote of the Owners at an Annual Meeting, imposed on or assessed to Owner(s) by the Association as provided for in this Declaration.

    1.5. “Association” shall refer to the Silver Springs Single Family Home Owners Association – Entity 8926368-0151, a nonprofit corporation.  The purpose of an organized home owners association is first to provide a common basis for safeguarding Owners’ private property rights and ownership; second to preserve and maintain the homes and property value for the Owners.  Association membership includes each Owner of each of the 188 residential Lots in the Neighborhood.  If the Owners are ever organized as another type of entity or if the Owners act as a group without legal organization, “Association” as used in this Declaration shall also refer to that entity or group.

    1.6.Board of Trustees”, “BOT” or “Board” shall mean the duly elected Owners representing the Entity for a predetermined length of time, by the authority of the Owners, to manage the affairs of the Association.

    1.7.Board Member” shall mean a duly qualified Owner in good standing,  elected by the Owners or temporarily appointed to fill a board vacancy as a Member of the Board of Trustees.

    1.8. “Bylaws”, written as a separate document,  are a set of rules separately approved and recorded from the Declaration CC&R, they contain the provisions relating to the manner in which the Board shall conduct its affairs, the affairs of the Association,  the duties of its Member trustees, officers and managers, the Annual Meeting, and the elections; also procedures for valid amendments and supplements thereto. No amendment to the Bylaws shall be effective until approved by the majority 51% vote of the Owners, and upon being recorded in the records of the Summit County Recorder.

    1.9. “Common Expenses” shall mean the actual costs for: (a) management costs of the Association pursuant to the Governing Documents; (b) any other expenses of the Association approved by the 51% vote of the Owners at the Annual Meeting for the equal benefit of all the Owners.

    1.10. “Covenants” are restrictive (limited) contractual arrangements made by developers and filed, in our case, as an approved ‘single family residential plat’ said to “run with the land.” Each new successive owner (grantee) is subject to the specific stated plat covenants. Fewer covenants limit the enforcement power (lawsuits) from original grantors. Conditions and Restrictions are the outcome of the Covenants.  The Covenants are changed when circumstances or the law changes by using Amendments ratified by the Association’s Owners or by Revising or Re-writing the Declaration of CCR, as is herein being done with the authority of the Owners.

    1.11. “Declaration” shall mean the Covenants, Conditions, and Restrictions (CC&R), a legal document that lays out the guidelines for the planned community. The CC&R require the approval and vote from a 67% Owner vote, and being recorded in the Summit County, Utah Recorders office.

    1.12. “Governing Documents” shall refer to documents approved by the 67% majority vote of the Owners, and recorded by the Summit County Recorder. This Declaration of CC&R, the separate validated Bylaws, the Owner approved Amendments, the separate Owner approved Architectural Guidelines; also the approved Articles of Incorporation recorded with the State of Utah; all of which have been distributed and noticed to all the Owners, and are perpetually accessible on the neighborhood website(s).

    1.13. “Lakeview Lots” shall mean Lots located immediately adjacent to the Master Association’s rip rap line. Owners of the Shoreline Property surrounding the community lakes. See 1.23 Shoreline Property.

    1.14. “Lot” shall mean and refer to any one of the recorded plots of land in the Neighborhood, and may be designated on the Plat as a “Lot” or “Parcel”.  “Common area lot” and “common facilities” shall mean all real property owned by the Silver Springs Master Association.  Undeclared Parcels in escheat without HOA certified ownership title shall not be referred to as a Lot belonging to the Silver Springs Single Family Association nor as common area; see Master Association American Savings Bank Parcel List and Exhibits.

    1.15. “Manager” shall mean the entity or Person engaged by the Board to manage or assist in managing the Neighborhood.

    1.16. “Master Association” shall refer to the entity formed in 1989/1990 as State of Utah Summit County Non-Profit Corporation Entity 1063089-0140; that on behalf of the 513 Community Owners holds title to the Property under the lakes, manages the community lakes, manages the community parks, and certain undeveloped common area open space in the community. At the recording of these CC&R it is understood the Master Association has no CC&R, has no ratified or current Bylaws (only the Developer’s Draft Bylaws and a Developer Agreement both dated in 1989), and has no ratified authority to assess members of any Association for expenses related to its operation. https://www.silverspringscommunity.com/master-association/ma-docs-index/

    1.17. “Neighborhood” shall refer to the individual 188 Private Property lots belonging to the individual Owners within the Silver Springs Single Family Home Owners subdivision neighborhood. There are no common areas, no common structures, no common improvements within the Silver Springs Single Family Home Owners subdivision neighborhood.

    1.18. “Occupant” shall mean a Person or Persons, other than an Owner, in possession of, using, entering into, or living on a Lot in the Neighborhood, including, without limitation, family members, tenants, guests, and invitees of an Owner or an Occupant.

    1,19. “Open Space” shall mean those areas not designated as within the boundaries of a platted residential lot(s); a Master Association common area parcel. There is no “Open Space” within the Silver Springs Single Family Home Owners Subdivision or Association.

    1.20. “Owner” shall mean the Person, Persons, or legal entity, who are vested with record title to a Lot, and whose interest in the Lot is held (in whole or in part) in fee simple, according to the records of the County Recorder of Summit County, State of Utah. Owner shall include a trustee or beneficiary of a deed of trust or will.

    1.21. “Plat” shall mean the record of survey map, or maps, representing a portion of land of the Neighborhood recorded in the records of the County Recorder of Summit County, State of Utah and all current amendments and supplements thereto.

    1.22. “Rules” shall mean and refer to one of a set of explicitly understood regulations or principles governing conduct within Silver Springs Neighborhood. These rules and regulations shall each be adopted by the vote of the majority of Homeowners.

    1.23. “Shoreline Property”; real property described as two parallel bands of land encircling the perimeter of Silver Willow Lake and Silver Willow Pond. First, is the lakes’ real property underneath the lake water, this covered land is owned by the Master Association, where this land reaches the lake water edge meeting the open upper land this edge is known as the rip rap line. Second, is the lakes’ perimeter trail real property of approximately 10’ to 20’ wide existing between the rip rap line and the platted lots’ boundary line. The Shoreline Properties comprise the Silver Springs lots 47, 48, 49, 193, 194, 195, 196, 197, 198, 199, LL-1, LL-2, LL-3. Also Park Place lots 38, 39, 40, 41, 42, 43.44;  North Shore lots 1 thru 12: and South Shore lots 1-22.  Little Lake Lots 1 thru 3 are Shoreline Properties without attachment to the “Private Enjoyment Easement” and without known shoreline ownership rights.  Little Lake Lots 4-6 are not Shoreline Property Lots. There are a total of 54 Lake view/shoreline property lots. The wide swaths of land around the perimeter of either lake were transferred to the Shoreline Property contiguous Lot Owners without approval or voted consent from the Community Property Owners. The shoreline properties are no longer open for use or access by all the 513 Community Owners who share in the cost to maintain, repair and insure them.

    1.24. “Trustee”; is an Owner duly elected to the Board of Trustees, to administer the Association within the parameters allowed by authorization of the Owners.

    1.25. “Voting”; by the Owners shall be in written form, tabulated by a group of Owners who choose to participate in the count and validation of the votes. All Owners in good standing are open to candidacy and participation.

    ARTICLE 2 – THE NEIGHBORHOOD  
    2.1. Nature of the Neighborhood. The Neighborhood is a single-family home community containing 188 Lots dedicated to single-family homes; additionally Lot 104 is dedicated to use as a trailhead, titled to Summit County Recreation District. The Neighborhood holds no common areas and no common amenities; it is not a cooperative and is not a condominium project.
    2.3. Neighborhood Name. The Neighborhood is named “Silver Springs Single Family” and is located entirely in Summit County, State of Utah. The name used by the Association for the Neighborhood may be changed through amendments to this Declaration or the Plat. The name of the Neighborhood is separate and distinct from the name of the Association.

    2.4. Identification of Lots. All of the 188 residential Lots are referenced specifically and identified by location on the Plat.

    2.5. Registered Agent. Currently the registered agent of the Association shall be an employee of the property management company as provided for in entity filings of the Association with the Utah Division of Corporations. The Board  may change the registered agent or address each time a different property management company is engaged by making the appropriate filing with the Utah Division of Corporations.

    ARTICLE 3 – DESCRIPTION OF LOTS, ALLOCATED INTERESTS, & PLAT
    3.1. Common Land. Open space designated on the Plat that (a) lies within the Neighborhood and (b) is not designed as part of a recorded Lot shall be common land of the Master Association unless deeded title proves otherwise.

    3.2. The Lots.  (a) The distinct Lot number that identifies the Lot on the Plat, may or may not be consistent with the mailing address of the Lot.
    (b) Each Lot generally consists of any and all improvements on or within the boundary of the Lot and all structures and related equipment or installation on or within the boundary of the Lot are the property of the individual deeded owner, excepting public utilities subject to government regulation, supplying the neighborhood with electricity, natural gas, telephone, internet, cable, potable water, or sewerage removal. (c) All utilities (including power, water, sewer, gas, internet, and telephone) for individual Lots will be metered separately to each Lot and such utility charges shall be the responsibility of the Lot Owners.

    3.3. Allocated Interest of Each Lot in the Votes of the Association. (a)The allocated interest of each Lot shall be equal to every other Lot. The Owners of each Lot shall be entitled to vote one Allocated Interest of their Lot, according to the up-to-date annual HOA dues for each platted lot, for all matters related to the Association that Owners are permitted or required to vote or approve.  (b)Any difference in square footage, location, size, value, development status, or other aspect of any Lot shall not be a reason to alter or change any Allocated Interest.
    (c) Any Owner of multiple Lots shall have one allocated interest per Lot, one allocated vote per Lot, one allocated annual dues, and one allocated Association assessment(s) per lot in each instance. (d) Any Owner of multiple combined Lots in one parcel shall retain one allocated interest per Lot, one allocated vote per Lot, and one allocated annual dues or HOA assessment(s) per lot in each combined instance. If the parcel is separated the combined lots cannot be separated into more lots than was combined into the joined parcel.

    3.4. The Plat. The Recorded Plat and its Amendments, and all dimensions, descriptions, and identification of boundaries therein, are hereby incorporated into and made a part of this Declaration. It is known, not always resolved, that there do exist various survey discrepancies that may require neighbors to sort out property boundaries privately and record the results by means of an Amendment of the Plat.

    3.5. Parcel Lots At the time of the recording of this Declaration, (a) Lots 116, 117, and 124 have been physically combined into one Parcel for purposes of defraying County tax assessments, but not combined into one Lot, and, accordingly, the Owner of such combined Lots parcel shall have three Allocated Interests for voting and three allocated annual dues, and three allocated assessments. (b) Lots 132 and 133 have been physically combined into one Parcel for purposes of defraying County tax assessments, but not combined into one Lot, and the Owner of such combined Lots shall, accordingly, have two Allocated Interests and two allocated annual dues and assessments. (c) If such combined Lot Parcels are ever separated, the Owner of each separated Lot shall continue to have one Allocated Interest per lot retained and one allocated annual dues and assessment(s) per lot retained.

    3.6 Lot Deeded to County. Lot 104 has been deeded to the Snyderville Basin Special Recreation District (“Basin Recreation”) for use as a trailhead. For so long as Lot 104 is owned by Summit County Basin Recreation or a successor municipal entity, used predominantly as a trailhead, and no single family residence is constructed on this Lot, then the Owner of such Lot shall not be entitled to vote its Allocated Interest and shall not be assessed any dues or assessments.

    ARTICLE 4 – MAINTENANCE OF LOTS
    4.1 Owner Responsibility for Maintenance of Lots. (a) Each Owner shall furnish and be responsible for, at the Owner’s expense, all of the maintenance, repair, and replacement of the accoutrements of the Owner’s  Lot, including all of the structures, and improvements thereon. This maintenance obligation includes homes, out buildings, landscaping, driveways, mailboxes, lights and fences thereof in clean, safe and attractive condition and in good repair except for those improvements for which a public authority or utility company is responsible.
    (b) Each Owner shall maintained continuously the Lot in such a manner to preserve and protect the attractive appearance, good condition, and value of the Owner’s Lot, and value of the Lots in the Neighborhood.
    (c) The Owner is responsible for the removal of snow from the driveways and any walkways within or appurtenant to the Owner’s Lot.  Summit County regulations do not allow snow to be pitched from the owner’s property into the street.
    (d) The Board shall not participate or entertain any activity that has the possibility to create a cloud on the Owners’ real property or title or to any portion of any Owners’ Lot.

    4.2 Owner has a Responsibility for Compliance to the separate Architectural Standards a.k.a. Arc Guidelines ratified by a 51% majority of the Owners.  See separate document.

    ARTICLE 5 – ARC STANDARDS-GUIDELINES ARE A SEPARATE DOCUMENT

    ARTICLE 6 – ORGANIZATION AND GOVERNANCE OF THE ASSOCIATION
    6.1 Organization of Association. The Association may serve as the organizational body for all Owners with separate Bylaws to regulate the Board management duties of the Association.

    6.2 Modifying or Changing the Name of the Neighborhood. The name of the Neighborhood may be modified or changed pursuant to a lawful amendment to this Declaration. Allowing participation and the 51% vote of all the Owners.

    6.3 Legal Organization. The Association may be organized as a non-profit corporation. Or the Owners can be organized as another type of entity or the Owners can act as a group without legal State organization. “Association” as used in this Declaration shall refer to that entity or group. If the legal entity should ever expire or be dissolved for any reason, as required or permitted by law in any reorganization the Association may or may not adopt documents with terms similar to the documents related to those of the expired or dissolved entity.

    6.4 Membership. Membership in the Association shall at all times consist exclusively of the Owners or the Lots. Each Owner shall be a member of the Association so long as such Owner has an ownership interest in a Lot and such membership shall automatically terminate when the Owner ceases to have an ownership interest in a Lot. Upon the transfer of an ownership interest in a Lot, the new Owner succeeding to such ownership interest shall likewise succeed to such membership in the Association. If titled ownership to a Lot is held by more than one Person, the membership appurtenant to that Lot shall be shared by all such Persons in the same proportional interest, and by the same type of tenancy, in which title to the Lot was originally held.

    6.5 Availability of Documents. The Association shall make available to the Owners current copies of the Governing Documents and other minutes, books, records and financial statements related to the operations of the Association. The term “available” as used in this section shall mean available for inspection and copying within thirty (30) days, or such other legally required timeline.  If documents are requested by an Owner, after receiving a proper request, the requested documents shall be posted on the Neighborhood websites, notifying the Owner of their availability. The covenant of good faith and fair dealing is a general presumption that the parties will deal with each other honestly, fairly and in a timely manner so as to not destroy or hinder the right of the other party or parties to receive the benefits of the request or contract.  The Association shall have the right to refuse to disclose information that the Board determines, “in good faith”, would reveal sensitive personal or financial information of another Owner, or of an employee or agent of the Association, such as bank account numbers, birth dates, or social security numbers.

    6.6  Board of Trustees. The governing body of the Association shall be the Board duly elected pursuant to the Bylaws. The Board shall consist of not more than seven (7) and not less than five (5) members. Except as otherwise provided in this Declaration or the Articles of Incorporation. The Board shall act, in all instances, on behalf of the Owners of the Association.  The Board shall not participate or entertain any activity that has the possibility of creating a cloud on the Owners’ property or title. Should the Trustees act outside of their duties to the Owners, as may be specifically prohibited in this Declaration, Articles of Incorporation, the Bylaws, or by applicable law, Owners, or group of Owners, other than the Board, may direct the actions of the Association.

    6.7 Board Members.  Potential board members are to be Owners of property located within this Neighborhood.  The members shall have no outstanding fines, dues, or assessments (unless related to a protested situation).  The members shall have basic bookkeeping and computer skills, and be available to attend board meetings once a month.

    6.8  Ongoing Requirements for Board Trustees.  (a) The Bylaws may place reasonable obligations and requirements on existing Board Trustees to retain their membership on the board. (b) The Owners may limit the powers and terms of members of the Board or committee volunteers.  (c) The Owners may authorize a deviation or exception from the Terms and Conditions of  this Declaration using the amendment process.

    6.9  No Reliance on Actions or Authorizations Contrary to Governing Documents No one may rely upon any authorization (from the Board or otherwise) contrary to the terms of the Governing Documents. It is the responsibility of anyone purchasing a Lot in the Association to verify that anything the Association does, does not do, or authorizes related to the Neighborhood, or the Association, is in compliance with the terms of the Governing Documents.

    6.10 Registration with the State. In compliance with Utah Code § Title 57-8a-105, the Association shall be registered with the Utah State Department of Commerce and shall update its registration to keep any required information current as required by law for as long as the Association deems it beneficial to remain registered with the State.

    ARTICLE 7 – GENERAL RIGHTS AND RESPONSIBILITIES OF THE ASSOCIATION
    7.1 Rights and Responsibilities of the Association. The Home Owners’ Association, being a legal appendage to safeguard all the rights of the Owners, shall support the Owners rights to the First Amendment Constitutional Rights of assembly, speech, and of the press; allowing the Owners  to communicate with each other, to call a special meeting at any time, at any place, to discuss and make plans to remedy the concerns they have regarding the governance of their Association or the Master Association, the Board, potential rule changes, financial concerns, and their Neighborhood, without interference, attendance or notification to the Board.  Some other rights and responsibilities follow, in addition to any others set forth in the Governing Documents or provided by law:
    (a)Maintenance. The Association and Neighborhood have no common elements to maintain, improve or repair, therefore the Governing Documents do not require this responsibility.
    (b) Paying Expenses. The Association shall provide for the payment of Association management expenses and Master Association dues from the Annual allocation of dues.
    (c) Setting and Collecting Annual Dues. Annual Dues for operating the Association shall be two hundred fifty dollars ($300.) per year per Lot.  The Board shall receive a 67% vote of approval from all the Owners to increase and collect any and all Annual Dues, or Assessments, as necessary to manage and operate the Association as required by the Governing Documents.  These changes shall be included on the Annual Meeting ballot before they are approved.
    (d) Adopting and Enforcing Rules. The Association may adopt Rules for the regulation and operation of the Neighborhood in accordance with the Governing Documents. The Rules shall be accepted by the 51% majority votes of the Owners, and shall be consistently and uniformly applied. A Rule must be reasonable in light of the circumstances pertaining to the situation or issue addressed by the Rule.
    (e) Hiring Managers and Delegating Responsibilities. The Association may hire a Manager to assist the Board in the management and operation of the Neighborhood and Association and may delegate a few duties and obligations to the Manager, employees or other agents as it deems appropriate; provided, however, only the Board shall have the right to authorize a fine to an Owner.  Any duties delegated to any Manager may be revoked by the Board at any time, with or without cause. Any management agreement must be terminable without penalty and, with or without cause, upon thirty (30) days’ notice. The Board has no authority to enter into any management agreement or contract inconsistent with the terms of the Governing Documents. Agreements and contracts entered into by the Board shall be available to any Owner requesting a full copy.
    (f) Other Necessary Rights. The Association shall have other rights that are deemed reasonably necessary to carry out the terms of the Governing Documents.  The Board’s right to retain professional services with limitation on occurrences and duration, including attorneys, accountants, and bookkeepers to assist in any Board function shall be previously discussed with the Owners at the Annual Meeting. Long-term contracted functions require a voted 51% approval by the Owners.
    (g) Enforcement Rights. In addition to any other remedies allowed, or provided for in the Governing Documents, for a serious violation of the Governing Documents, the Association may: (1) impose fines; (2) collect rents directly from tenants, if Owners fail to pay Assessments (also see Act Title 57-8a-310); and (3) take some other actionable course as defined in the affected Governing Document.  Subject to the discretion afforded in this section, the Board shall uniformly and consistently enforce and implement the Terms and Conditions in the Governing Documents. (4) The Board shall use its reasonable judgment to determine whether to exercise the Association’s power to impose sanctions or pursue legal action for a serious violation of the Governing Documents, (5) The Board shall not be arbitrary, capricious, or act against public policy in taking, or not taking, enforcement action. The Board shall consider hardship cases with neighborly compassion.

    7.2 Disclosing Conflicts of Interest and Relationships with Service Providers and Vendors. Only upon full disclosure of any of the following relationships and the affirmative vote of the non-conflicted Board members (excluding the vote of any Board Member involved in any such relationship), the Association may permit any paid services or materials obtained by the Association to be performed or provided by: (1) any relative of any Board Member, Manager, or of any officer, employee, or owner of the Manager; (2) any business or entity in which any Board Member, Manager, or employee, officer, or owner of any Manager or any relative of the same is employed or has more than a one percent (1%) ownership or beneficial interest; or (3) any business, entity, or Person with any familial or financial relationship with any Board Member, Manager, or of any officer, employee, or owner of the Manager, or any relative of the same. The disclosure restrictions above related to the Manager, and relatives of the Manager, shall not apply to the management company as it relates to providing management services or other directly “contracted for” services by the Manager. A relative is any Person known to be related by blood or marriage. The provision of services and materials for purpose of this provision shall include managers, insurance brokers, investment or financial advisors, accountants, landscapers, contractors, and all other companies and Persons providing services to the Association.

    7.3 Hearing Procedures. In the event the Board feels they have cause to take an adversarial action related to a Board Member(s), Owner or group of Owners which requires a hearing or hearing procedure either by law or in the Governing Documents, unless the law requires a different hearing or procedure, the following procedure shall apply: (1) the Board Member(s) or Owner(s) may request a hearing within thirty (30) days of notice of the adversarial action; (2) the hearing shall be conducted within thirty (30) days of the date the request is submitted; (3) the Board Member(s), Owner, or group of Owners shall be allowed a reasonable time, under the circumstances, to present any evidence or presentation regarding the adverse action; (4) the Board may establish, and shall state any further, reasonable rules for the hearing in the notice of hearing designating the time for the hearing; and (5) the Board shall render a decision no later than thirty (30) days from the date of the hearing. (6) the Board decision can be disputed for cause and prejudice.

    7.4 Annual Meeting. The Association shall arrange for, and conduct, an annual meeting at least once a year as provided for in the Bylaws and shall arrange for, and conduct, such other meetings of the Association as shall be properly requested pursuant to the Governing Documents or the law. The Annual Meeting shall include elections of trustees, Owner votes on financial matters, matters of importance to the Neighborhood, and any other item provided within the Governing Documents.

    7.5 Lot Payoff Information Fees. (Title 57-8-6.3/106) The Association is specifically authorized to establish a fee of $25.00 to provide payoff information related to the transfer, refinance or closing of a Lot.  The Board may increase or decrease the amount charged if the new amount is consistent with Utah Community Association law.

    ARTICLE 8 – ANNUAL DUES & BUDGETS
    8.1 Purpose of Annual Dues. Money collected by the Association shall be used for the Home Owner ratified purposes of: (a) providing elected Owner-Members a budget to pay the management contract, the Annual Master Association dues, and to represent the rights and interests of the Owners and the Neighborhood.  (b) contributing assistance for the management of the Association and communication with the Owners, (c) owner adherence reminders of individual property maintenance, (d) preservation of the enjoyment and value of the Lots as the Neighborhood; and (e) promoting the health, safety and welfare of the Owners’ investment by respecting Owner authority and privacy;

    8.2 Budget Adoption.
    (a) The Board shall adopt a budget prior to each annual meeting citing regular expenses and potential additional expenditures. The Board shall deliver their compiled budget to the association members 10 days prior to the Annual meeting.
    (b) The budget shall estimate the total Management Expenses to be incurred, which shall be broken down into reasonably detailed expense categories. The budget shall include savings and contingencies deemed appropriate.  The budget shall include all annual monies received from the Owners, by categories (dues, fees, fines, interest. etc.) during the lapsing year.
    (c) The Board shall present their compiled budget to all Owners ten days prior to the Annual Meeting of the Home Owners.  The Budget is valid upon ratification by the majority vote of the Home Owners during this meeting.
    (d) The Board shall determine the amount of the Annual Dues to be paid by the Owners of each Lot by dividing the total budget amount by the number of Lots having a voting Allocated Interest.

    8.3. If a budget is disapproved within 45 days after the date of the Annual meeting at which the board presented their compiled budget: by means of (a) there is a vote of disapproval by at least 51% of all the allocated voting interests of the lot owners in the association; and (b) the vote is taken at a special meeting called for that purpose by lot owners. If a budget is disapproved the budget that the board last adopted that was not disapproved by members continues as the budget until and unless the board presents another budget to members and that budget is not disapproved.

    8.4 Adjustment to Annual Expenditures.  In the event the Board overspends the approved budget estimate for the current year, or will become inadequate, the Board shall streamline its expenses until the end of the budget year or access funds in the emergency fund.

    8.5. No Capital Improvements. The Association owns no land, no amenities, no common areas. Capital Improvements, therefore, are not needed nor will they be assessed.

    8.6. Annual Dues Increase or Justification for Assessments.  Annual dues for the management of the Association shall be adequate for the Board to carry forth its duties.  Should the Board petition the Owner’s for Annual Dues increase or a separate Assessment, a full report must be provided to the Owners to justify the increase. A 67% vote of the Owner’s is required for a specific amount, payment terms, and use of the requested funds.  The levy shall not exceed $100 per lot for one year.

    8.7 Certificate of Payment/HOA Payoff Statement. The Association shall, within ten (10) business days after written demand, furnish to any Owner liable for Annual Dues, or such other Person for whom an Owner has given written permission in a form acceptable to the Association, a written statement or certificate signed by an officer or authorized agent of the Association setting forth whether the Assessments relating to a specified Lot have been paid and the amount of delinquency, if any. A reasonable charge of twenty-five dollars ($25.00) or such other amount allowed by law, and provided for in the Governing Instrument, may be collected by the Board for the issuance of each such certificate. Each certificate/HOA Payoff Statement is conclusive in favor of a Person who relies on the written statement in good faith.

    8.7 Application of Excess Balances. In the event the amount budgeted to meet Common Expenses for a particular fiscal year proves to be excessive in light of the actual Common Expenses, the Board shall apply the excess against future expenses, a contingency fund, or refund the excess to the Owners in proportion to the Allocated Interests of each Lot in the Common Expenses of the Neighborhood.

    8.8 How Payments Are Applied. Unless otherwise provided for in the Rules, all payments for Annual dues, fines, or fees shall be applied to the current charges first. Older charges held as a lien against the property shall be paid in full by the Owners.  Owners shall have no right to direct the application of their payments or to require application of payments in any other order, to specific charges, or in specific amounts.

     

    ARTICLE 9 – NONPAYMENT OF ASSESSMENTS &  DUES
    9.1 Delinquency. Association Dues are to be paid within the time allowed on the annual invoice.

    [SCOTUS – the Supreme Court of the United States, by unanimous decision, on Wednesday, February 20, 2019 placed limitations on Policing for Profits by prohibiting, in all 50 states, from imposing excessive fines, including seizure of property, on people accused or convicted of a crime that police or prosecutors (attorneys) exert over individuals.  This new law will end the foreclosure of homes and property by HOA boards and their attorneys.  We are ahead of the game on this Article.]

    9.2 Collection Charges and Interest. The following shall apply: (a) late fees shall be twenty-five dollars ($25.00) for each month that an Owner’s account has an unpaid balance after the due date, up to twelve months; (b) in addition to late fees, interest shall accrue on all unpaid balances, including unpaid prior attorneys’ fees (which cannot be charged by both the attorney and the Board), interest at an annual percentage rate of twelve percent (12%); and (c) the Association may also assess to the Owner any other reasonable charges imposed on the Association by a Manager, related to collections.

    9.3 Lien. The Association or the Board does not hold a lien on each or any Lot for any reason other than delinquency.  The Association may bring an action to recover a delinquent Lot account personally against the Owner obligated to pay the lien. Any attorneys’ fees and costs incurred in this effort shall be assessed and billed by the attorney against the delinquent Owner and the Owner’s Lot.

    9.4 No Foreclosure Sale. An Owner’s acceptance of interest to a Lot constitutes adherence to the Declaration CCRs and other ratified Governing Documents; and includes acquiescence to a lien claim on said Lot for delinquency of dues, fines, and other ratified assessments.  Foreclosure is never a remedy. Owner interest in a Lot does not constitute a simultaneous conveyance of the Lots to other parties unless specifically created by the Owner.  The responsibility of the Association is to ensure individual Lots or the Neighborhood group of Lots are not negatively impacted in any way, and to protect private ownership and the market value of the homes for the Owners.  Foreclosure contradicts this purpose by exposing the Owner(s) and their property to misuse of their value and by assaults to inviolable individual property rights. No foreclosure sale is tolerated or allowed in this Association or Neighborhood. Owner Neighbors approve leniency in hardship cases.

    9.5 Requiring Tenant to Pay Rent to Association. Pursuant to, and as provided for in, the State of Utah Community Association Act (Title 57-8a-310), the Association shall have the right to demand and collect rent from any tenant in a Lot from which an delinquency is more than sixty (60) days late. Each Occupant, by moving into the Neighborhood, agrees to be personally liable and responsible to the Association for all rent payments after the Association gives proper notice that rent payments shall be paid to the Association.

    9.6 Attorneys’ Fees Incurred as a Result of a Default. In addition to any attorneys’ reasonable fees and costs, the Association shall be entitled to recover all reasonable attorneys’ fees, costs, and interest incurred to record a lien and to collect its basis which may be upon Owner’s eventual sale of his Lot.

    9.7 Association Shall Not Gain Title to a Lot.  Collection of delinquent Association or Board debts from an Owner shall establish a limit to how many processes are beyond moral reason to cause the separation of our Neighbors from their property.  A lien is sufficient for a claim. The remainder is beyond the intention established by the Owners. This Neighborhood will not participate in an amoral extension of law imposed by foreclosure, producing the ultimate costs to Neighbors in their time of hardship.

    ARTICLE 10 PROPERTY RIGHTS IN LOTS
    10.1 Easements are property rights given to a holder of interest in land that is held as a sheltered real property by the Property Owner. The privacy, rights and duties of the Owners of lots are to be guaranteed utmost respect. The Property Owner grants a right of entry and access within the property to public utility companies and municipal employees to maintain and repair infrastructure connections, lines or facilities, or any portion thereof as governed by the following:
    (a) Access to portion of lot wherever sanitary sewerage and potable water, electricity, solar heating systems, natural gas, telephone landlines, cable television, and internet lines exist within these properties, which connections, lines or facilities, or any portion thereof lie in or upon the lot of the Owner.  After proper notice to the Owner, said individuals shall have the granted right of easement to the full extent necessary to enter upon the lot(s) to repair and generally maintain said connections as and when the same may be necessary as set for below.
    (b) Whenever sanitary sewer connections and/or water connections or electricity; gas or telephone or cable television lines, solar heating systems are installed within the properties, which connections serve more than one lot, the owner of each lot served by said connections shall be entitled to the full use and access of such portions of said connections as service the lot.
    (c) Easements over the lots and common area properties for the installation and maintenance of electric, telephone, cable television, water, gas and sanitary sewer lines, solar heating systems, and street entrance ways as shown on the recorded tract map of the property, or other documents of record, are hereby reserved together with the right to grant and transfer the same for the use and benefit of the residents. However, no easement can be granted pursuant to this paragraph if it would permanently and materially interfere with the use, occupancy or enjoyment by any Owner or such Owner’s Lot.

    10.2 Material Alteration of Lot. Notwithstanding anything to the contrary, pursuant to this section no material alteration that changes the size, shape, or location of any Lot shall be permitted without the written consent of the owners of the Lots to be changed.

    10.3 Views. Views from a Lot and the Neighborhood are not assured or guaranteed in any way. There is no warranty concerning the preservation of any view or view plane from the Neighborhood, and each Owner and Occupant in such Owner’s Lot acknowledges and agrees that there are no view easements or view rights appurtenant to the Lot or the Neighborhood.

    >ARTICLE 11 – USE LIMITATIONS AND CONDITIONS
    11.1 Rules. The Association shall have authority to promulgate and enforce such reasonable ratified Rules and procedures as may aid the Association in carrying out any of its functions and to ensure that the Neighborhood is maintained and used in a manner consistent with the interest of the Owners. Pursuant to Utah Code § Title 57-Chapter 8a-218(15), the requirements of Utah Code § Title 57-8a-218 are hereby modified and do not apply to the Association.  Such Rules are set in a separate document.  Rules, to be enforceable must be approved by a 51% majority of the Owners.

    11.2 Architectural Guidelines. In addition to ratified Rules the Association may establish a separate document for Architectural Guidelines aka Architectural Standards, regulating subjects related to the exterior of the house or the property, including but not limited to: Holiday Decorations; Front Window Covers; External Laundering; Repairs of Equipment or Vehicles; Play and Recreational Equipment and Vehicles; Signs; Nuisances; Temporary Structures; Animals; Parking;  Irrigation and Yard care during Drought; Recreational Courts; Clotheslines; Solar Panels; Legal Changes to Lots; Corner Lots obstructive landscaping; Exterior House Paint; Residential Occupancy; Variances; Effect on Insurance and Violation of Law; Hazardous Substances.
    Architectural Guidelines aka Standards, to be enforceable must be approved by a 51% majority of the Owners.

    ARTICLE 12  INSURANCE
    12.1 Insurance Requirement. The Association shall obtain insurance as required by applicable law.  Standalone policies may be purchased instead of, or in addition to, embedded policies, included coverage, or endorsements to other policies.

    12.2 Property Insurance. The Association owns no structure, no improvements, and no land, therefore requires no property insurance.

    12.3 Earthquake and Flood Insurance. The Master Association and individual Owners may purchase earthquake and flood insurance as deemed appropriate.

    12.4 Comprehensive General Liability (CGL) Insurance. The Association has no maintenance responsibilities therefore does not require this insurance.

    12.5 Trustee and Officers Insurance. For so long as anyone serves on the Board, the Association shall obtain Trustees’ and Officers’ liability insurance protecting the Board, the officers, and the Association, to the extent such a policy is available, against claims such as wrongful acts, mismanagement, failure to maintain books, audits and records, failure to enforce the Governing Documents, breach of contract, and fraudulent elections. Unless the following coverage is provided in another policy, this policy shall: (a) include coverage for volunteers and employees; (b) include coverage for monetary and non-monetary claims; (c) provide for the coverage of claims made under any Fair Housing Act or similar statute, or that are based on any form of discrimination or civil rights claims; and (d) provide coverage for defamation. At the discretion of the Board, the policy may also include coverage for any Manager, and any employees of the Manager, and may provide that such coverage is secondary to any other policy that covers the Manager or any employees of the Manager.

    ARTICLE 13  EMINENT DOMAIN
    13.1. Total Taking of a Lot. If a Lot is taken by eminent domain, or if part of a Lot is taken by eminent domain, leaving the Owner with a remnant that cannot be used to contain or construct a single-family home, unless the decree otherwise provides, that Lot’s Allocated Interest shall automatically cease. Upon such a taking and if necessary, the Association shall prepare, execute and record an amendment to the Declaration that accomplishes the adjustment required for this Section.

    13.2. Taking of Entire Neighborhood. In the event the Neighborhood, in its entirety, is taken by eminent domain, the Neighborhood is terminated and the provisions related thereto in this Declaration shall apply.

    ARTICLE 14  TERMINATION OF THE ASSOCIATION
    14.1. Required Vote. Except as otherwise provided in Article 13 Eminent Domain; the Association may be terminated by the approval of Owners holding fifty-one percent (51%) of the Allocated Interests as stated in the 2008 Association Articles of Incorporation Article II Duration of the Corporation.

    14.2. Termination Agreement. An agreement to terminate shall be evidenced by the execution or ratification of a termination agreement, in the same manner as a deed, by the requisite number of fifty-one percent (51%) of the Allocated Interests of Owners. The termination agreement shall specify a date after which the agreement will be void unless it is recorded before that date. A termination agreement, including all ratifications of such termination agreement, shall be recorded in the records of the County Recorder in Summit County, State of Utah and is effective only on recordation.

    ARTICLE 15  AMENDMENTS
    15.1. General Amendment Requirements. Except as otherwise provided herein, this Declaration may be amended or fully restated by the affirmative vote of Owners holding Allocated Interests totaling not less than fifty-one percent (51%) of the total Allocated Interest. (a) The vote must occur in an Annual Meeting of the Owners held for that purpose. (b) A vote of approval for any one Owner of a Lot is sufficient if there are multiple Owners of the Lot, and so long as any other Owner of the parcel does not vote inconsistently.

    15.2. Scope of Amendments. This Declaration may be amended to add new rights, restrictions, and obligations, or to remove or modify existing rights, restrictions, and obligations. The right to amend shall be broadly construed to permit any changes to the rights, restrictions, obligations, and other terms in the Declaration.

    15.3. Execution and Effective Date of Amendments. An amendment that has been adopted as provided herein shall be executed by the Board, through its agent, who shall certify that the amendment has been approved and adopted and that the procedures and requirements necessary to amend the Declaration have been complied with. The amendment shall be effective when it is recorded in the office of the County Recorder of Summit County, Utah.
    15.4. Changes to Plats or Boundaries of the Association. Plat map amendments are only permitted as provided by county ordinance or applicable state law.

    15.5. Amendment to Conform to Law. The Board shall request the vote of approval of the Owners to amend this Declaration to conform to any applicable legal requirements otherwise applicable to the Association, but only to the extent necessary to eliminate any conflict with the law, to add provisions required by law, or to add provisions that embody rights or obligations otherwise binding on the applicable parties as a matter of law.
    (a) The members of the Board shall have one vote each as Owners within the Neighborhood. (b) The Board must provide to the Owners: (1) the proposed amendment instrument;  (2) the language of this Section of the Declaration; (3) the law that conflicts with the existing Declaration language, the provisions that must be complied with, or the Owners requested changes; (4) the attorney opinion letter required for the amendment; and (5) a notice in which the Association (i) notifies the Owners that it intends to amend the Declaration pursuant to this Section, (ii) provides the Owners a right to object to the amendment within thirty (30) days, and (iii) provides to Owners instructions on how, when, and where to properly return the objection.(iv) provides to the Owners the right to vote to accept or reject the amendment.  The Board may include further explanation, information, and recommendations regarding the proposed amendment in the information provided to the Owners.  (d) Within forty-five (45) days of providing the information to the Owners required by this Section, fifty-one percent (51%) of the Owners have objected to the amendment. If more than fifty-one percent (51%) of the Owners object the Board may not record any amendment under this Section. (e) Having otherwise complied with all of the requirements of this Section, the Board members shall each sign the amendment instrument verifying that this Section has been complied with to the best of their knowledge and that fifty-one percent (51%) of the Owners objected after having received proper notice. If accepted by fifty-one percent (51%) of the Owners the amendment shall be effective upon the recording of the instrument in the office of the Recorder of Summit County, Utah.

    ARTICLE 16  INTERPRETATIONS, CONSTRUCTION, AND APPLICATION OF DECLARATION CCRs AND STATE OF UTAH COMMUNITY ASSOCIATION ACT
    16.1. No Waiver. Failure by the Association, or by any Owner, to enforce any Term and Condition in any certain instance or on any particular occasion shall not be deemed a waiver of such right of enforcement as to that breach, and any such future breach of the same, or any other Term and Condition.

    16.2. Hierarchy of Provisions. In the case of any conflict between the Governing Documents, the order of priority from the highest to the lowest shall be Legislative Law Community Association Act, the Plat, Declaration CC&R, the Articles of Incorporation, the Bylaws, and then the ratified Rules.

    16.3. Interpretation of Declaration and Applicability of State Act. The State and the Association intends that the Neighborhood shall be governed by the State Community Act found at , except where in compliance with the Act the Association has included specific provisions in this Declaration that legally vary, supersede, or supplement the Act, in which event such specific provisions of this Declaration that are contrary to the Act shall govern the Neighborhood to the extent allowed by the Act. In the case of any conflict between this Declaration and the Act, to the extent the Act does not legally allow this Declaration to contain provisions contrary to the Act, the Act shall control, and this Declaration shall be deemed modified accordingly, but only to the extent necessary to come into compliance with the Utah Code Title 57 Chapter 8a Community Association Act.

    16.4. Cumulative Remedies. All rights, options, and remedies of the Association and the Owners in the Governing Documents are cumulative, and none shall be exclusive of any other, and the Association and the Owners shall have the right to pursue any one or all of such rights, options and remedies or any other remedy or relief that may be provided by law simultaneously, consecutively, or alternatively.

    16.5. Severability. Invalidation of any one, or a portion, of the Terms and Conditions by judgment or court order shall in no way affect any other Terms and Conditions, all of which shall remain in full force and effect.

    16.6. Construction. The provisions of the Governing Documents shall be construed to effectuate its purpose of maintaining and increasing the value of the property in the Neighborhood. The article and section headings have been inserted for convenience only, and shall not be considered or referred to in resolving questions of interpretation or construction. References in this Declaration to article and section numbers, unless otherwise expressly provided, are to the article and section in this Declaration. To the extent permitted by law, the provisions of the Governing Documents shall not be interpreted for or against, or strictly for or against, the Association, any Owner, or any other Person subject to their terms.

    16.7. Applicable Law. This Association is specifically made subject to the Act and the law as it is constituted and exists at the time this Declaration is recorded. Amendments to the Act after the date of recording of this Declaration shall not be applicable to the Association or the Neighborhood unless they are applicable as a matter of law, or unless the Association makes those amendments applicable by amendment to the Declaration.

    16.8. Gender and Number. Whenever the context of the Governing Documents require, the singular shall include the plural, and vice versa, and the masculine shall include the feminine and the neuter, and vice versa.

    16.9. Effect of Declaration. This Declaration is made for the purposes set forth in the combination of the Governing Documents, and the Association makes no warranties or representations, express or implied, as to the binding effect or enforceability of all or any portion of this Declaration, or as to the compliance of any of these provisions with public laws, county ordinances, regulations and the like, applicable thereto. The Association shall have no liability whatsoever if any Term and Condition is determined to be unenforceable, in whole or in part, for any reason.

    ARTICLE 17  NOTICE
    17.1. Notices. Any notice to be given to an Owner, a Lender, or the Association under the provisions of the Governing Documents shall be in writing and shall be delivered as follows: (a) Notice to an Owner from the Association.

    (1) Notice to an Owner shall be effective upon the satisfaction of any of the following delivery methods:

    (i) By a written notice delivered personally to the Owner.
    (ii) By a written notice placed in the first-class, U. S. mail.
    (iii) By written email correspondence to an Owner.
    (iv) By text message to a phone number provided by the Owner for the purpose of Association communications.

    (2) Notice to Association from an Owner. An Owner’s notice to the Association shall be effective upon the satisfaction of any of the following delivery methods:
    (i) By a written notice delivered personally to the Manager, which shall be effective upon delivery to the office, home, or individual staff member.
    (ii) By a written notice placed in first-class, U. S. mail, postage prepaid, to the current registered business address of the Association. Any notice so deposited in the mail shall be deemed effective when received, or five (5) days after such deposit.
    (iii) By written email correspondence to the Association: (A) that is sent to an email address provided by the Association in the prior twelve (12) months for the purpose of Association communications; or (B) that is emailed to an email address from which the Manager or the President of the Association has communicated related to Association matters, and so long as no indication is received that the email may not have been delivered or received. Any notice sent by email shall be deemed effective the sooner of when received, or five (5) days after it is sent.

    ARTICLE 18  DISPUTES BETWEEN OWNERS AND ASSOCIATION
    18.1 Disputes between the Association and the Owners.
    (a) Board and Owners Equally Liable for Fees Incurred in Dispute.  When the Association gives notice to the Owner that they are not in compliance and a dispute has been put on record;
    (1) The Association and the Owner shall then agree to utilize a mediator to help the parties to reach a mutually acceptable solution. both parties are to agree on the name of a mediator and to equally share in the cost of the mediation.
    (2) If the Owner communicates a persistence or demonstrates an intent not to comply with the mediator to settle the dispute, the Association may hire a mediator to contact the Owner to separately obtain their opinion of the dispute.  The mediator does not make a decision. The mediator helps the parties find a solution mutually acceptable to both parties.
    (3) If the Association utilizes a mediator without the willing participation of the Owner in the course of any dispute with the Owner arising out of or related to non-compliance to the Governing Documents, arising out of or related to the Owner’s membership interest or arising out of or related to a lien placed on the Owner’s Lot, the Association may assess half of the reasonable mediation fees and entire lien recording fees incurred by the use of an attorney to the petulant Owner.
    (4) When the mediator successfully assists in amicably settling a dispute between the Association and the Owner, the mediator helps the parties to enter into a settlement, written to their mutual satisfaction,  and the agreement being signed and witnessed by all.  Neither side can or needs to appeal their own mutual agreement.
    (5) Owners are entitled to fair representation and compensation when the error or dispute stems from unavoidable, short-term events or natural actions by the Lot Occupants or by the management company or the Board.  Owners have the right to question and negotiate items arising from miscommunication and from disputed fines without incurring fees, fines, and charges.
    (6) Owners have the right to be given a refund or compensated by the Association for their time and expenses when necessary or warranted.
    (b) Exception to Owners’ Liability for Fees and Costs. If mediation does not adequately settle a dispute, related to: (1) a unmediated dispute with an Owner; (2) any challenge by an Owner to a position of the Association on a Term and Condition; or (3) a request of an Owner for direction on the application of a Term and Condition, the Association may incur legal fees or costs related to the interpretation and application of a Term and Condition that: (i) the Association could not establish an initial position without having incurred the fees and costs; or (ii) results in a substantial modification to a prior position taken by the Association, then those fees or costs shall not be assessed to any Owner, and shall be paid by the Association. This exception shall not apply if a lawsuit is currently pending with regard to the Owner and the issues arise as part of the lawsuit.

    (c) Owners have the right to appeal to a volunteer council composed of five Homeowners. This peer outcome will be final.
    Owner reluctance to accept this ruling will result in a $500 lien on the property. Said lien to be remedied at the time of sale of the property. Such sale to be initiated at the Owner’s sole discretion.

    “Traditional litigation is a mistake that must be corrected . . . . For some disputes trials will be the only means, but for many claims trials by adversarial contest must in time go the way of the ancient trial by battle and blood. Our system is too costly, too painful, too destructive, too inefficient for really civilized people.”
    —Chief Justice Warren E. Burger, (Ret.) U.S. Supreme Court

    ARTICLE 20  LEASING AND NON-OWNER OCCUPANCY    Also read:
    State of Utah Community Association Act Title 57-8a-209 Rental Restrictions.
    https://le.utah.gov/xcode/Title57/Chapter8a/C57-8a_1800010118000101.pdf

    20.1 Declaration and Rules Govern Non-Owner Occupancy. Notwithstanding anything to the contrary in this Declaration or in the Bylaws, any leasing and non-Owner occupancy of a Lot shall be governed by this Section, and procedures and Rules adopted as allowed in this Section.

    20.2 Definitions.  For the purpose of this Section:

    (a) “Non-Owner Occupied Dwelling” means: (1) for a Lot owned in whole or in part by a natural individual or individuals, the Dwelling is occupied by someone when no individual Owner occupies the Dwelling as the individual Owner’s primary residence; or (2) for a Dwelling owned entirely by one or more entities or trusts, the Dwelling is occupied by anyone.

    (b) “Family Member” means: (1) the parent, sibling, or child of an Owner and that Person’s spouse and/or children, or (2) in the case of a Dwelling owned by a trust or other entity created for estate planning purposes, a Person occupying the Lot if the trust or other estate planning entity that owns the Lot was created for the estate of (i) a current Occupant of the Lot; or (ii) the parent, child, or sibling of the current Occupant of the Lot.

    20.3 No Restriction on Leasing and Non-Owner Occupancy. Subject to the requirements in Sections 20.4 and 20.5, any Dwelling may be leased or Non-Owner Occupied.

    20.4 Permitted Rules. The Board of Trustees may adopt Rules requiring:
    (a) Reporting and procedural requirements related to Non-Owner Occupied
    Dwellings and the Occupants of those Dwellings other than those found in this
    Article, including requiring informational forms to be filled out by Owners and/or
    residents identifying Non-Owner Occupants, vehicles, phone numbers, Owner contact information, etc.
    (b) Other reasonable administrative provisions consistent with and as it deems
    appropriate to enforce the requirements of this Declaration.

    20.5 Requirements for Leasing and Non-Owner Occupancy.
    The Owners of all Dwellings must comply with the following provisions:
    (a) Any lease or agreement for otherwise allowable Non-Owner Occupancy must be in writing, must be for an initial term of ….. [TBD by survey of Owners: at least 30 days as written in 1985 CCR- for “C,D,E”;  or 60 days; or state default of 1 year.]  and shall provide as a term of the agreement that the resident shall comply with the Declaration, the Bylaws, and the Rules, and that any failure to comply shall be a default under the lease or agreement. If a lease or agreement for Non-Owner Occupancy (whether in writing or not) does not include these provisions, they shall nonetheless be deemed to be part of the lease or agreement and binding on the Owner and the resident;
    (b) If required in the Rules or requested by the Board, a copy of any lease or other agreement for Non-Owner Occupancy shall be delivered to the Association within the time period provided for in the Rules or by the Board with any sensitive information permitted to be redacted. The primary purpose of requesting a copy of a lease is to show that it complies with this Section 20.5 in term, compliance and content;
    (c) A Non-Owner Occupant may not occupy any Dwelling for a term less than 30 days , resort, vacation, or seasonal use (whether for pay or not); and
    (d) A Non-Owner Occupancy guest of an Owner may occupy a unit for no less than 30 days, and (e) The occupancy of any Dwelling by any Non-Owner Occupant shall not create any nuisance, disturbance, adverse change in traffic, or other violations of the governing documents of the Association.

    20.6 Exceptions. If a Non-Owner Occupied Lot is occupied by a Family Member then the following applies notwithstanding anything to the contrary herein:
    (a) Subsection 20.5 shall not apply to that occupancy;
    (b) No written agreement regarding occupancy needs to be created between the Occupant and the Owner; and
    (c) Any written agreement regarding occupancy, to the extent it exists, may not be
    requested by the Board until an Occupant has violated compliance of a provision of the Governing Documents and, if requested, may only be requested related to remedying or taking action as a result of such a violation.

    20.7 Joint and Several Liabilities of Owner and Non-Owner Occupants. The Owner of a Dwelling shall be responsible for the Occupant’s or any guest’s compliance with the Governing Documents. In addition to any other remedy for non-compliance with the Governing Documents, after reasonable notice, the Association shall have the right to initiate an action and obtain a forcible entry and unlawful retainer order from the court, or similar action, with the purpose of removing the offending Non-Owner Occupant. The Association, the Board, and the Manager shall not have any liability for any action taken pursuant to this subparagraph and the Owner shall indemnify and pay the defense costs of the Association, the Board, and the Manager arising from any claim related to any action taken in good faith by any of them pursuant to this subparagraph.

    ARTICLE 21 GENERAL PROVISIONS

    21.1 Enforcement. The Association, or any Owner, shall have the right to enforce, by proceedings at law or in equity, all Terms and Conditions including the right to prevent the violation of any such Terms and Conditions and the right to recover damages and other sums for such violation.

    21.2 Non-Liability of Officials. To the fullest extent permitted by applicable law, neither the Board, nor any officer of the Association, shall be liable to any Owner or the Association for any damage, loss, or prejudice suffered or claimed on account of any decision, approval or disapproval, course of action, act, omission, error or negligence.

    21.3 Use of Funds Collected by the Association. All funds collected by the Association, including Assessments and contributions to the Association paid by the Owners, if any, shall be held by the Association in a fiduciary capacity to be expended in their entirety for nonprofit purposes, and for other permitted purposes as set forth in this Declaration. No part of said funds shall inure to the benefit of any Owner other than as a result of expenditures made for permitted purposes as set forth in this Declaration.

    21.4 Owner Liability and Indemnification. Each Owner, by acceptance of a deed to a Lot, agrees personally to indemnify each and every other Owner and Occupant in such other Owner’s Lot and to hold such other Persons harmless from, and to defend such Persons against, any claim of any Person for personal injury or property damage occurring within the Lot of that particular Owner, except to the extent that such injury, damage, or claim is covered and defended by the Association’s or such other Owner’s liability insurance carrier.

    21.5 Security. The Association shall in no way be considered an insurer, guarantor, or provider of security from criminal conduct within or relating to the Neighborhood. The Association shall not be held liable for any loss or damage by criminal conduct arising for any reason, including any failure to provide security or any ineffectiveness of security measures undertaken. Each and every Owner or Person entering the Neighborhood acknowledges that the Association has no duty to any Owner or Occupant related to security or criminal conduct, and expressly acknowledges that no duty is owed to anyone. By purchasing a Lot in this Association and/or residing in this Association, Owners and Occupants agree that the Association and the Board are not insurers of the safety or well-being of Owners or Occupants, or of their personal property as it relates to criminal conduct, and that each Owner or Occupant specifically waives any such claim and assumes all risks for loss or damage to Persons or property resulting from criminal conduct, to the extent any such damages are not covered by insurance.

    21.6 Reasonable Accommodations. Notwithstanding anything to the contrary in this Declaration, the Association, upon receipt of a 51% majority vote of the Owners that such action is required, may make or permit reasonable accommodations or modifications to the Neighborhood that are otherwise prohibited by the Governing Documents, as required under Title VIII of the Civil Rights Act of 1968 (the Fair Housing Act) as amended, to accommodate a Person with a disability (as defined by Federal law at the time the accommodation is requested). Reasonable accommodations or modifications may include modifications to a Lot, or deviations from provision of the Governing Documents. Any such modification and accommodation made under this section shall not act as a waiver of the provisions of the Governing Documents with regard to anyone else nor as a permanent waiver for that particular Lot or person.

    21.7 No Representations and Warranties. Each owner and occupant understands, agrees, and acknowledges through taking title or residing in the neighborhood that the association and the Board of trustees have not made any representations or Warranties of any kind related to the neighborhood and that each owner or occupant has not relied upon any representations or warranties, expressed or implied, including any warranty of merchantability or fitness for any particular purpose, relative to the neighborhood.

    ________________________________

    EXHIBIT A

    Legal Description of Lots in Silver Springs Single Family Subdivision:

    The preceding document refers to and appertains to all Lots in the Subdivision filed and of record in the office of the State of Utah Summit County Recorder:

    Silver Springs Phase 1A lots 1 through 64  Serial # SLS-1 through SLS-64.
    SLS-A-47 + portion of Parcel I PP-98-A-4-A; SLS-A-48 + portion of Parcel I PP-98-A-4-B; SLS-A-49 + portion of Parcel I PP-98-A-4-C; aka American Savings Parcel “I” Beach.

    Silver Springs Phase 1B lots 65-171
    Serial #SLS-1-B-75, SLS-B-76, SLS-B-166, SLS-B-167 are bisected by a shared recorded 10′ wide walkway easement that connects Willow Loop to Silver Springs Road.
    Serial #SLS-1-B-87-AMD, and SLS-B-88AMD
    Serial # SLS-1-B-65 through SLS-B-171, including SLS-B-89A, SLS-B-104-AM-X, SLS-B-105-AM, SLS-B-152-AMD, SLS-B-153-AMD, and SLS-B-165-AMD
    Serial #s SLS-1- B-116, SLS-B-117, and SLS-B-124 have been physically combined into one Parcel for purposes of defraying County tax assessments but remain as three allocated interest Lots.
    SLS-1-B-132 and SLS-B-133 have been physically combined into one Parcel for purposes of defraying County tax assessment but remain as two allocated interest Lots.

    Silver Springs Phase 1-C lots 172 and 173  Serial # SLS-172 through SLS-173
    Serial #SLS-C-172-AMD- 1997 back & side setbacks of 15′ each.

    Little Lake at Silver Springs Phase 1-D lots 1-6 Serial # LLSS-D-1 through LLSS-D-6

    Silver Springs Phase 1-E lots 193-198, and lots E-200-202
    Serial # SLS-1-E-193 through SLS-1-E-198 and Serial # SLS-1-E-200 through SLS-1-E-202  including
    SLS-1-E 193 AMD Parcel PP-98-A-2-A aka American Savings Bank Parcel “K” lake access walkway.
    SLS-1-E 199-AMD w/NSS A-12 in 2005 Ordinance 539

    Total Residential Lots 188 ;  including Trailhead Lot 104 Total Platted Lots 189.

    ­­­­­­­­­­­­­­­­­­                   ______________________________________

    IN WITNESS WHEREOF, the Association has executed this Declaration.

    DATED this ____ day of January, 2019

     

    SILVER SPRINGS SINGLE FAMILY HOME OWNERS ASSOCIATION

     

    By:_________________________

    Name:_______________________

    Its [Title]:____________________

     

    STATE OF UTAH              )

    ) ss

    COUNTY OF SUMMIT      )

    The foregoing instrument was acknowledged before me this

    ___ day of January , 2019

    by __________________________    _____________________________

    Notary Public

     
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