• ¤ COMMUNITY SUBDIVISIONS :
  • ¤ FIRE MITIGATION
  • ¤ HISTORY – Our Community
  • ¤ MAPS & PLATS
  • ¤ MASTER ASSOCIATION :
  • ¤ NEIGHBOR NEWS
  • ¤ SILVER SPRINGS LAKES
  • ¤ SILVER SPRINGS PARKS
  • ¤ WATERWAYS : above ground and underground
  • ¤ UNDERDRAIN SYSTEM Homeowners vs Board Dispute
  • ¤ CONCERNS & OPINIONS



  • CCRS V.17 Draft- Annotated


    Provided by: Richards Law, PC 4141 S Highland Drive, Ste 225  Salt Lake City, Utah 84124

    UNRATIFIED, UNAPPROVED, UNSANCTIONED BY THE SILVER SPRINGS SINGLE FAMILY HOMEOWNERS  

    Richards Law, V. 17.  released on November 16, 2018;  V.18 is nearly identical to V.17.   Both are 64 pages each.

     “ANNOTATED DRAFT” 
    **REGULARLY UNDER CONSTRUCTION**

    AMENDED AND RESTATED 1979 DEVELOPERS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS

    SSSFHOA  was chartered in October 14, 1985

    SILVER SPRINGS SINGLE FAMILY SEEKS A FRESH START, CLEAN SLATE DECLARATION AND DBA REMOVAL
    WITHOUT THE LANGUAGE, AGREEMENTS OR UNDERDRAINS of the
    1979-1982 DEVELOPERS SSD, INC aka SILVER SPRINGS DEVELOPMENT SUBDIVISIONS
    Not to be neither an Amendment nor a Supplementary document.

    WITHOUT THE 1979-1982 DEVELOPERS SSD, INC
    aka SILVER SPRINGS DEVELOPMENT SUBDIVISIONS,
    aka the  SILVER SPRINGS DEVELOPMENT COMMUNITY,
    aka  SILVER SPRINGS EAST
     

    IN   SUMMIT COUNTY, UTAH


    Words and comments in
    red, or other colors, highlighted in orange, or italicized or underlined, or in [brackets] are contributed by various other Homeowners. Hopefully, this will help you locate, identify and read more quickly and comprehensively the worrisome content that makes this document wholly unacceptable. Send to me your input for inclusion in this Neighborhood effort.    Sincerely, Lucy Archer

    [After reading these documents, I do believe that the CC&R’s need continued work. 77 Members agree. ]

    TABLE OF CONTENTS
    Assessment” occurred 89 times
    Capital (Improvements) 13 occurrences
    Foreclosure” 16 occurrences
    Drain (33), drainage (7), underdrains (42)
    Underdrains in 2017 version were in 14 Articles.
    Special (assessments) 17 occurrences

    [Silver Springs Single Family does not own any land, facilities, structures, common area or amenities.  Assessments and Capital Improvements should not be part of these Declarations.  The Master Association is responsible for the ponds, park, walkways, tennis court, common areas.]

     

    RECITALS .[DELETE IN ENTIRETY] ………………………………………………. 9

    ARTICLE 1 DEFINITIONS………………………………………………………………. 11

    1.1. “Act” ………………………………………………………………………………………… 11

    1.2. “Allocated Interest” ……………………………………………………………………. 11

    1.3. “Articles” …………………………………………………………………………………… 11

    1.4. “Assessments”…………………………………………………………………………….. 11

    1.5. “Association” ……………………………………………………………………………… 11

    1.6. “Board of Trustees” or “Board”…………………………………………………… 12

    1.7. “Board Member”………………………………………………………………………….. 12

    1.8. “Bylaws” …………………………………………………………………………………….. 12

    1.9. “Common Expenses” …………………………………………………………………… 12

    1.10. “Declaration” …………………………………………………………………………….. 12

    1.11. “Governing Documents”………………………………………………………………. 12

    1.12. “Lakeview Lots” …………………………………………………………………………. 12

    1.13. “Lender”…………………………………………………………..  ………………………. 12

    1.14. “Lot” …………………………………………………………………………………………. 12

    1.15. “Manager”………………………………………………………………………………….. 13

    1.16. “Master Association” …………………………………………………………………. 13

    1.17. “Neighborhood” ………………………………………………………………………….. 13

    1.18. “Occupant”…………………………………………………………………………………. 13

    1.19. “Open Space”………………………………………………………………………………. 13

    1.20. “Owner” ……………………………………………………………………………………. 13

     

    CCR Page  2

    1.21. “Person” …………………………………………………………………………………….. 13

    1.22. “Plat”………………………………………………………………………………………….. 13

    1.23. “Property” …………………………………………………………………………………… 13

    1.24. “Rules” ……………………………………………………………………………………….. 13

    1.25. “Shoreline Property” …………………………………………………………………….. 13

    1.26. “Terms and Conditions” ……………………………………………………………….. 13

    1.27. “Underdrain System” ……DELETE, not owned, cloud on your title. ….. 13

    ARTICLE 2 THE NEIGHBORHOOD……………………………………………………… 14

    2.1. Binding Effect of Governing Documents. ………………………………………….. 14

    2.2. Nature of the Neighborhood. …………………………………………………………… 14

    2.3. Neighborhood Name. ……………………………………………………………………… 14

    2.4. Identification of Lots……………………………………………………………………….. 14

    2.5. Registered Agent……………………………………………………………………………… 14

    ARTICLE 3 DESCRIPTION OF LOTS, ALLOCATED INTERESTS, & PLAT … 14

    3.1. Common Land. …….None………………………………………………………………….. 14

    3.2. The Lots …………………………………………………………………………………………. 14

    3.3. Allocated Interest of Each Lot in the Votes of the Association……………… 15

    3.4. The Plat. …………………………………………………………………………………………. 15

    ARTICLE 4 MAINTENANCE & UTILITIES & UNDERDRAINS………………….. 15

    4.1 Owner Responsibility for Maintenance of Lots……………………………………… 15

    4.2.Owner Responsibility -Non-Interference private property   underdrains.. 16

    4.3 Default in Maintenance………………………………………………………………………. 17

    4.4 Utilities…………………………………………………………………………………………….. 17

    4.5 Association Maintenance of Open Spaces [Delete; for Master HOA]….. 18

    [Channels – see 4.2 and . [Link to SSSF channels — open ditches along which water flows, such as Parcel B, N or Q ]

    [The new Declarations seem to contain every allusion and nuance that John Richards has ever seen or used in every HOA he ever worked on or studied.  They are a 10 pound sledge hammer employed to push a thumb tack.  Or like someone else said, they are two pounds of C-4 employed to remove a few gnats from the table.  Sixty-four pages are five times more verbiage than is necessary for our built-out, stand-alone, mostly well-behaved Owners. The depth and breadth of Richard’s Law documents are nothing more than fodder that will keep attorney’s in demand collecting fees to decipher and “advise” their applicability.

    The length and complexity of many of the Articles and subsections are excessive and redundant with the Architectural Standards and Rules and Penalties. The draft Declarations are too exhaustive and sedulous for anyone to want to read them deeply enough to understand them, much less live up to them. Who has the time?   Neighborhood Rules should be succinct and appropriate.  If the Ten Commandments can guide the Christian world for centuries then 5 to 9 pages should be sufficient to organize 188 Homeowners in a neighborhood that does not own any common property, no amenities, nothing to manage but front yards and parking issues. And make annual payments to the Master Association for the ponds, parks, and tennis court.]

    [1.       Remove the Underdrains, Architectural Control, Assessments and Bylaws entirely from   the CCR.
    a.
           Separate Documents.
    2.
           Provide a detail Engineering Analysis and Location Survey of the Underdrains system.

    1. Ask each home owner if they have installed pumps, drain tile and or other means to prevent ground water in their under home space or basement.
      b.
      Provide the locations of all areas which are preventing the Underdrains system from working and the solutions and cost needed to fix.
      c.
             Provide a written engineering cost estimate to replace the entire system.
      d.
            Provide a written engineering estimate for the existing underdrain system life expectancy. (See Complex Solutions report).]

    [11/10/18 Please make it known that the Schlopys (4888 E. Meadows Drive) would like to express their vote as follows for the board to consider:

    1. Architectural guidelines and underdrains to be separate from the CCRs. If any component changes with these 2 documents then a big process has to be done again to vote to change the CCRs. Do you really want to spend this much time again?
    2. The rentals allowed to be 90 days or more. We all need that flexibility so we can remain in the neighborhood so we would not have to be forced to move
    3. 3. The vote should not take place before March 1, 2019. Too many neighbors are traveling and/or have lots of guests and family during the next several months.

    Thanks for your consideration.

    Marny Schlopy]

    [Generally speaking, here is how HOA documents are ordered based on precedence of authority.

    1. Legislative law – federal>state>local.
    2. HOA plat/map. Recorded by the City and/or County Recorder.
    3. CCRs.. Ratified by 67+% of the  Homeowners.
    4. Articles of Incorporation (or a corporate charter). Ratified by the Homeowners.
    5. Bylaws (aka rules for the board to follow) Ratified by the Homeowners.
    6. Rules, regulations, and policies. (if they have been distributed to the Homeowners).
    7. General board resolutions (that have been distributed to the Homeowners).

    The hierarchy of documents is important because it helps your board by providing a ready-made solution to conflicts. ]

     

     

    3 [DELETE, SEPARATE ARTICLE 5 …….. REDUNDANT RULES IN ARCH STANDARDS]
    ARTICLE 5 ARCHITECTURAL CONTROL …………………………………………………………………. 18

    5.1 Architectural Review Committee. ………………………………………………………………………… 18

    5.2 Architectural Guidelines. …………………………………………………………………………………….. 19

    5.3 Approvals for Modifications………………………………………………………………………………… 19

     

     

    ARTICLE 6 ORGANIZATION AND GOVERNANCE OF THE ASSOCIATION ……………… 20
    [Find or add to SEPARATE BYLAWS. DELETE FROM HERE]

      • 6.1 Organization of Association. The Association may serve as the organizational body for all Owners.
      • 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.
      • 6.3 Legal Organization. The Association may be organized as a non-profit corporation. In the organization, reorganization, or amendment of any documents related to the legal organization of the Association, the terms in all such documents shall, to the extent possible under the applicable law, be consistent with the terms in the Declaration and the Bylaws. If the legal entity should ever expire or be dissolved for any reason, as required or permitted by law in any reorganization or reinstatement of the entity, the Association shall, to the extent possible and subject to any legal requirements, adopt documents with terms substantially 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. 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 is 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 requested by an Owner, after receiving a proper request, during normal business hours. 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. The Association may require that the Owner comply with any statutory provision or other legal requirement applicable to providing this information before providing it.

    CCR page 20

     

        • 6.6 Board of Trustees. The governing body of the Association shall be the Board elected or appointed pursuant to the Bylaws. The Board shall consist of not more than seven (7) and not less than five (5) members.(See 2008 Articles of Incorporation.) Except as otherwise provided in this Declaration or the Articles of Incorporation, the Board shall act, in all instances, on behalf of the Association. Any reference to an act, right, or obligation of the Association in the Governing Documents may only be exerted or complied with through an action of the Board. Except as may be specifically provided in the Declaration, Articles of Incorporation, or by applicable law, no Owner, or group of Owners, other than the Board may direct the actions of the Association.
        • 6.7 Board Members.
        • (a) Qualification. The Bylaws shall set forth the qualifications for serving as a Member of the Board.
        • (b) Reasonable Ongoing Requirements for Board Members. The Bylaws may place reasonable obligations and requirements on existing Board Members to retain their membership on the Board.
        • 6.8 Limitation on Authority of Owners, Board Members, Officers, & the Board. [Delete all of 6.8]
        • (a) Except as provided herein or in the Bylaws, the Board, any individual Owner, and any individual Board Member or Officer shall have no authority to, and may not act or purport to act on behalf of the Association or the Board to: (1) Amend or terminate any Governing Document;
        • (2) Elect or remove members of the Board; [Delete]
        • (3) Establish or change the qualifications, powers and duties, requirements, or terms of Board Members, or of the Board; [Delete]
        • (4) Authorize or agree to any deviation or exception from the Terms and Conditions, except as provided in this Declaration; and
        • (5) Enter into any service or supply contract (including, but not limited to, bulk services agreements such as cable, internet, or television, cellular site agreements, management agreements, and maintenance contracts) on behalf of the Association for a term of more than ten (10) years without the affirmative vote of Owners holding fifty percent (50%) of the Allocated Interests at a meeting called for that purpose.
    • [(6) Owner First Amendment Rights. Owners and Association Members hold the First Amendment Rights to Assembly and to Freedom of Speech and Press at any time without board member interference, attendance or notification. This Owner’s forum gives the Owners an opportunity to comment and discuss actions by the board, removal of board members, potential rule changes and possible requests for property issues, before they are taken to the board.  Motions made and accepted by the “majority of the meeting Owner attendees” are valid for acceptance by the Association and the board.]

     

    CCR Page 22

    • 6.9 No Estoppel or 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 regardless of the circumstances under which it is given; and no claim or defense of estoppel, waiver or similar equitable or legal claim or defense, may be raised by anyone related to any alleged reliance. It is the responsibility of anyone interacting with, visiting, occupying, or 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 § 57-8a-105, the Association shall be registered with the State Department of Commerce and shall update its registration to keep any required information current as required by law.

    ARTICLE 7 GENERAL RIGHTS AND RESPONSIBILITIES OF THE ASSOCIATION.
    [All language and references to the underdrain system have to be removed from these declarations.  So far 74 Members voted against acceptance of the underdrains.]

    • 7.1 Rights and Responsibilities of the Association. The Association shall have the following rights and responsibilities in addition to any others set forth in the Governing Documents or provided for by law:

    7.1 Rights and Responsibilities of the Association

    • (a) Maintenance. The Association shall maintain, repair, and replace, as necessary, any part of the Underdrain [Delete all references to the unratified, unsanctioned under drains.]
    • (b) Paying Expenses. The Association shall provide for the payment of Association expenses.
    • (c) Setting and Collecting Assessment The Association shall establish, collect, and account for Assessments, including Special Assessments, as necessary to operate the Association and fulfill its obligations consistent with the requirements of the Governing Documents. [The Association does not own any land, improvements, common areas, amenities therefore do not necessitate any of these Assessments. See 2008 Articles of Incorporation.]
    • (d) Adopting and Enforcing Rules. The Association may adopt Rules for the regulation and operation of the Neighborhood in accordance with the Governing Documents and the Act. The Rules shall be consistently and uniformly enforced. The Rules may address any issues including those addressed in any other Governing Document. The Rules may supplement, clarify and add detail to issues addressed in the Governing Documents so long as they do not contradict the same. The Board of Trustees’ determination as to whether a particular activity being conducted, or to be conducted, violates, or will violate, the Rules shall be conclusive, subject to a judicial determination if any is timely sought. The standard for adoption of Rules is one of reasonableness (subjective). A Rule must be reasonable (subjective) 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 its powers and obligations in the Governing Documents to the Manager, employees or other agents as it deems appropriate; provided, however, that only the Board shall have the right to:

    CCR page 23

    (1)approve Association budgets, (2) authorize a fine to an Owner, and (3) authorize general and Special Assessments. [ A copy of the Management Company contract shall be available and posted on the websites to comply with laws of transparency.]  Any powers and duties delegated to any Manager or other Person 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 THESE GOVERNING DOCUMENTS.

    • (f) Other Necessary Rights. The Association shall have any other right that is reasonably necessary to carry out the terms of the Governing Documents including the right to retain professional services, including, without limitation, attorneys, accountants, and bookkeepers to assist in any Board function. [These rights shall be authorized individually by a majority vote of the Homeowners at an Annual Meeting.]
    • [DELETE] (g) Capital Improvements. Capital Improvements shall be governed by and subject to the following conditions, limitations, and restrictions: (1) Any Capital Improvement or change to the Neighborhood that does not materially alter the nature of the Neighborhood may be authorized by the Board, in its sole discretion. A material alteration to the Neighborhood is, for example, the installation of a previously non-existent and materially significant fixture or permanent removal of a materially significant fixture such as a road, swimming pool, tennis court, playground equipment, or parking area. Landscaping alterations and the addition or removal of signs or small structures are not material unless they cause other material changes such as those listed above. [This language applies to the Master Association.]
    • (2) Any capital improvement which would materially alter the nature of the Neighborhood must, regardless of its cost and prior to being constructed or accomplished, be authorized by written consent of Owners holding a majority of the Allocated Interests and must be approved by a simple majority of the Board.
    • (h) Enforcement Rights. In addition to any other remedies allowed, or provided for in the Governing Documents, for any violation of the Governing Documents, the Association may: (1) impose fines; (2) collect rents directly from tenants, if Owners fail to pay Assessments; and (3) take any other action, or seek any other remedy, allowed by the Act or other applicable Utah law.
    • (i) Discretion in Enforcement. (1) 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.
    • (2) 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 violation of the Governing Documents, and may include in this analysis:
    • (i) Whether to compromise a claim made by or against the Board or the Association; and

    CCR page 24

    • (ii) Whether to pursue a claim for an unpaid Assessment. (3) The Association may not be required to take enforcement action if the Board determines after fair review, acting in good faith and without conflict of interest, that under the particular circumstances:
    • (i) The Association’s legal position does not justify taking any or further enforcement action;
    • (ii) The covenant, restriction, or rule in the Governing Documents is likely to be construed as inconsistent with current law;
    • (iii) That (A) a technical violation has or may have occurred; and (B) the violation is not material as to a reasonable Person or does not justify expending the Association’s resources; or
    • (iv) It is not in the Association’s best interest to pursue an enforcement action based upon hardship, expense, or other reasonable criteria. (4) Subject to Subsection (5), if the Board decides under Subsection (2)(ii) to forego enforcement, the Association is not prevented from later taking enforcement action.
    • (5) The Board shall not be arbitrary, capricious, or act against public policy in taking, or not taking, enforcement action.
    • (j) 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 disclosed 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.
    • (k) Hearing Procedures. In the event the Association has cause to take an adverse action related to any particular 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 Owner may request a hearing within thirty (30) days of notice of the adverse action; (2) the hearing shall be conducted within thirty (30) days of the

    CCR page 25

    • date the request is submitted; (3) the Owner 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.
    • (l) 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.
    • (m) Payoff Information Fees. The Association is specifically authorized to establish a fee of $50.00 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 identified in the Rules and is consistent with Utah law.

     

    ARTICLE 9 NONPAYMENT OF ASSESSMENTS & JOINT AND SEVERAL LIABILITY OF OWNERS FOR ALL PAST UNPAID ASSESSMENTS

    • 9.1 Delinquency. Assessments not paid within the time required shall be delinquent. Whenever an Assessment is delinquent, the Board may, at its option, invoke any or all of the remedies granted in this Article 9.9.
    • 9.2 Collection Charges and Interest. If the Association does not otherwise adopt or establish billing and collection procedures, including the amount of late fees and interest, in the Rules, 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; (b) in addition to late fees, interest shall accrue on all unpaid balances, including unpaid prior attorneys’ fees, interest (resulting in compounding of interest), late fees, and Assessments, at an annual percentage rate of twelve percent (1.5%); and (c) the Association may also assess to the Owner any other reasonable charges imposed on the Association by a Manager, related to collections, as the Board may establish in the Rules.
    • 9.3 Joint and Several Liability of Owners and Future Owners for All Past and Presently Accruing Unpaid Assessments. The Owner and any future Owners of a Lot are jointly and severally liable for all Assessments accruing related to that Lot prior to and during the time that an Owner is an Owner. An Owner is not liable for any Assessments accruing after an Owner has lawfully transferred the Lot to another Owner. The recording of a deed to someone, something, or any entity that has not agreed to take ownership of the Lot shall not be considered a legal conveyance of title. The obligation in this Section 9.3 is separate and distinct from any lien rights associated with the Lot.
    • 9.4 Lien. [Re-write 9.4 and any other section describing liens on Homeowner property that lead to foreclosure. If liens lead to Foreclosure then alternative avenues for debt collection by the Association shall be made available. This section and language for placing a lien shall be deleted from the SSSFHOA CCRs. Search on le.utah.gov do not show information for “Association rights of homeowners: “The resource you are looking for has been removed, had its name changed, or is temporarily unavailable.”] The Association has a lien on each Lot for all Assessments, which include, but are not limited to, interest, collection charges, late fees, fines, attorneys’ fees, court costs, and other costs of collection (which shall include all costs, and not be limited by those costs, that may be awarded under the Utah Rules of Civil Procedure). This lien shall arise and be perfected as of the date of the recording of the initial Declaration for this Neighborhood and shall have priority over all encumbrances recorded after that date, except as otherwise required by law. If an Assessment is payable in installments, the lien shall be increased by each installment payment as the installment payment is due, unless the Association provides otherwise in the notice of Assessment. The Association’s lien shall have priority over each other lien and encumbrance on a Lot except only: (a) a lien or encumbrance recorded before this Declaration is recorded; (b) a first or second security interest on the Lot secured by a mortgage or trust deed that is recorded before a recorded notice of lien by or on behalf of the Association; and (c) a lien for real estate taxes or governmental assessments or charges against the Lot. The Association may, but need not, record a notice of lien on a Lot.
    • 9.5  Action at Law. [Delete this entire section. There will be no HOA foreclosures in our SSSF Neighobrhood, ever.] The Association may NOT bring an action to recover a delinquent Assessment either personally against the Owner obligated to pay the same or by foreclosure of the Assessment lien. In addition, the Association’s choice of one remedy shall not prejudice or constitute a waiver of the Association’s right to exercise any other remedy. Any attorneys’ fees and costs incurred in this effort shall be assessed against the delinquent Owner and the Owner’s Lot, and reasonable attorneys’ fees and court costs will, thereafter, be added to the amount in delinquency (plus interest and collection charges, if appropriate). Each Owner vests in the Association, or its assigns, the right and power to bring actions at law or lien foreclosures against such Owner or Owners for the collection of delinquent Assessments.
    • 9.6 Foreclosure Sale. [Delete this entire section. There will be no HOA foreclosures in our SSSF Neighobrhood, ever.]  Pursuant to Utah Law and established policies duly adopted by the Board, the Association shall have all rights of foreclosure granted by the Act, both judicially and non-judicially. Pursuant to Utah Code §§ 57-1-20 and 57-8a-302, an Owner’s acceptance of an interest in a Lot constitutes a simultaneous conveyance of the Lots in trust, with power of sale, to the Association’s attorney, as trustee, for the benefit of the Association, for the purpose of securing payment of Assessments under the terms of this Declaration. The Board may appoint a qualified successor trustee by executing and recording a substitution of trustee form.
    • CCR page 29
    • 9.7 Requiring Tenant to Pay Rent to Association. [Use State Code, remove 9.7] Pursuant to, and as provided for in, the Act, the Association shall have the right to demand and collect rent from any tenant in a Lot for which an Assessment 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.
    • 9.8 Attorneys’ Fees Incurred as a Result of a Default. [Delete entire 9.8 and all other attorney fees sections. Attorney fees and property management fees shall be handled and negotiated outside of this Declaration.] In addition to any attorneys’ fees and costs provided for herein, the Association shall be entitled to recover all reasonable attorneys’ fees and costs incurred as a result of an Owner’s failure to timely pay Assessments, including, but not limited to attorneys’ fees incurred to: (a) obtain advice about a default; (b) collect unpaid payments; (c) file lawsuits or other legal proceedings related to a default in an effort to collect unpaid Assessments; (d) examine the debtor or others through a formal or informal deposition, at a meeting conducted under 11 U.S.C. § 341, an examination under Rule 2004 of the Federal Rules of Bankruptcy Procedure; (e) file pleadings, notices, objections, and proofs of claim in any bankruptcy proceeding; (f) monitor any bankruptcy proceeding, including, but not limited to, reviewing an Owner’s bankruptcy statements and schedules filed with the court, reviewing other pleadings and claims filed in an Owner’s bankruptcy case, and regular monitoring of an Owner’s progress of complying with a confirmed Chapter 13 or Chapter 11 plan for the duration of the plan; (g) litigate, seek and respond to discovery, introduce evidence, hire and pay expert witnesses, file motions and other pleadings, attend trials, hearings, or other court proceedings as reasonably necessary related to assert any non-dischargeability of debts, to assert claims against the Owner’s bankruptcy estate or co-debtors, to challenge exemptions, to challenge treatment under a proposed plan, to pursue any appropriate adversary proceeding for any other reason related to the ultimate attempt to collect unpaid Assessments; and (h) all fees and costs incurred in any foreclosure of a lien, securing lien rights, or providing for any notice of lien. This provision is to be construed broadly to permit an Association to recover any reasonable fees and costs in any way related to an Owner’s default in the payment of Assessments and the ultimate collection of those Assessments.
    • 9.9 Association Gains Title to Lot through Foreclosure. [Delete immoral and grasping subsection that would take a neighbor’s home for Association infractions, and probably during a family’s hardship. No Foreclosures in Silver Springs!] If the Association takes title to a Lot pursuant to a foreclosure (judicial or non-judicial), it shall not be bound by any of the provisions related to the Lot that are otherwise applicable to any other Owner, including, but not limited to, obligations to pay Assessments, taxes, insurance, or to maintain the Lot. By taking a security interest in any Lot governed by this Declaration, Lenders cannot make any claim against the Association for nonpayment of taxes, Assessments, or other costs and fees associated with any Lot if the Association takes title to a Lot related to any failure to pay Assessments.

     

    CCR Page 29

    ARTICLE 10 PROPERTY RIGHTS IN LOTS

    IF THE HOMEOWNERS VOTE TO PASS THESE DEMANDING,  POWER GRABBING CCRs  THEN EVERYTHING WITHIN THEM BECOMES BINDING UPON ALL THE HOMEOWNERS FOREVERMORE.   AMENDMENTS TO REMOVE INFRINGEMENTS ON OWNER RIGHTS ARE DIFFICULT TO PROCESS.   IF THERE IS ANYTHING IN THESE PAGES THAT YOU THINK IS UNFAIR, AN INFRINGEMENT, LIMITS YOUR USE AND ENJOYMENT OF YOUR PROPERTY, OR FOR ANY OTHER REASON SHOULD BE REMOVED ….TODAY…IS THE TIME TO SAY SOMETHING. VOTE NO TO NOT ADOPT THESE CCRS.]

    10.1 Easements. [Delete all, easement language should remain as recorded on the plats.] The rights and duties of the owners of lots within the properties with respect to sanitary sewer and water, electricity, solar heating systems, gas, telephone and cable television lines and drainage facilities shall be governed by the following:

    (a) Wherever sanitary sewer connections and/or water connections or electricity, gas or telephone and Cable Television lines, solar heating systems, or drainage facilities are installed within the properties, which connections, lines or facilities, or any portion thereof lie in or upon lots owned by Association, or other than the owners of a lot served by said connections, the Association and the owners of any lot served by said connections, lines or facilities shall have the right, and are hereby granted an easement to the full extent necessary thereof, to enter upon the lots or to have utility companies or service companies enter upon the lots within the properties in or upon which said connections, lines or facilities, or any portion thereof, lie, to repair, replace 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, or drainage facilities 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 enjoyment of such portions of said connections as service his 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, drainage facilities, 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 to the Association, together with the right to grant and transfer the same for the use and benefit of the members of the Association. 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 of such Owner’s Lot.

    (d) Subject to the limitations herein as it relates to an Owner’s Lot, the Association shall have any and all easements showing on any applicable and recorded Plat and shall have easements as provided by law including an easement by necessity, limited in scope, for the sole purpose of access for any needed

    [11/5/2018 Town Hall agreement -Easement by necessity and “replacement” are to be deleted entirely from all parts of this document.]  maintenance, repair, or replacement of any part of the Underdrain System. [Delete: underdrains are not ratified or sanctioned by the Homeowners. They are temporary apparatus built on private properties. There exists no title or ownership.  The State Water Engineers Office states that no party or entity in Silver Springs owns any water, shares, or permits to alter the flow or re-direct the course of any water.  There are stiff fines for altering flow or discharging flow from one area to another.  See 1977 Clean Water Act.  Mountain Regional Water District told me that Silver Springs and any administrative entity within its subdivisions does not own water or shares, they own only the land below and around the lakes and channels.  The 2004 Lakes Conveyance and Water Supply Agreement  conveys all the lakes water to The District (Mtn Reg. Water District 16). The water shares associated with these retention lakes was purchased in 2004 by the County District for $3.5 million dollars from Silver Springs Water Co. Bob Larsen.  Any water pumped out of the Lakes and discharged by the Association shall be metered and paid at established irrigation rates, and requires the District’s permission. The District had no knowledge that the Master Association was polluting the lakes water with algae and water plant obliteration chemicals or with blue dye. This practice will negatively affect the Swaner Nature Preserve downstream of the SS lakes. ]

    (e) If an easement area needs to be accessed by the Association, then no less than 24-hour notice by the Association of its intention to exercise the easement rights granted by this section shall be given to Owners.  [Delete, the board has no right of entry on private property without Owner permission and certainly not for unratified 40 year old drains that have no right to alter flow or direction of State water.]

    (f) Owner responsibility for maintenance of easement area shall be in accordance with Article 4, Section 4.1(f) as contained therein.

    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. [Delete. This is a county and individual owners prerogative that can be done, and has been done in SSSF with plat amendments.]

    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 [Delete. Not within the board’s purview.]

     

    CCR page 31

    Owner voting shall be written and verifiable.  Tally of votes shall include a group of three Owners as witnesses of an accurate count.

    [Added below to Bylaws 2.7 :  “electronic means” shall not be used due to the concerns not only for the possibility of hacking but also the ability of the Property Management company staff to alter the electronic vote.  In-person manipulation is possible due to accessible ports on the computer where the voting data is stored, collected and counted. A secondary hardware source laptop or cellphone containing all the Owners voting identification data including passwords can be plugged into the main computer/laptop to add electronic votes as if they were sent and received from the individual Owners.  An “Activate” instruction allows the Management company representative to enter multiple ballots at a time from the secondary hardware source.  This voting technology is proprietary thus not allowing forensic auditors to independently “scrub” or detect batch entries especially when the voter codes and passwords are available to the property management company staff.  Further, the activity strings are self-deleting after the final tally is committed.]

     [The Oct. 25, 2018 HOA meeting election of four board selected candidates (other candidates were discriminated against and not allowed to be on the ballot) was improperly reported.  There is a glitch wherein the 54 “Quorum Proxy Only” limited proxies were applied to the four candidate tallies.  The Board has not explained this, they have not posted the Meeting Minutes.]  

    [Page 13:  Underdrains:   If placed within the HOA Declarations they become a material fact that must be disclosed, they will appear as a stigma and cloud on your Title Report affecting your property value.
    If the underdrains are inserted into our HOA Declaration CCRs they then become a material fact that must be disclosed to prospective Buyers and at the point of sale. “Utah REPC: Subsection 8.1 (a) Due Diligence Items:  Buyer’s Due Diligence shall consist of Buyer’s review and approval of the contents of the Seller Disclosures and any other tests, evaluations, verifications of the Property deemed necessary or appropriate by Buyer such as: the physical condition of the Property; the existence of any hazardous substances, environmental issues or geologic conditions….and any other matters deemed material to Buyer in making a decision to purchase the Property…”

    Adding the stigma of the underdrains to the HOA documents can adversely affect your property value, put a cloud on your title and likely affect the timely sale of your home.]

     

    [Nov. 11, 2018: Lucy, I am not sure the underdrains cloud all property titles ( I think Randy alluded to that).  My point is when you sell a property and you have to deliver the CCR to the new buyer, the underdrain disclosure will be on the title report and that will cause confusion and possible concern for the new property owner.  The underdrain is a separate issue that needs to be explained properly and not through the CCR. If the owner has an underdrain issue then the owner needs to disclose that. But in the event, the seller does not have an issue then they do not have to disclose anything about it. Having an underdrain in the neighborhood is not bad unless there has been an issue with it clogging or being dug up causing damage to the lot and property that may occur again.  This has only affected a few owners to my knowledge.  Hope this clarifies what my thoughts are about the thinking behind the considerable reasons the underdrain should not be included with the CCR and why it might adversely affect some lots.]

     

    Nov 5, 2018: Town Hall Meeting: The next comment sent a shock wave over the room. “I want the CCRs to list properties that do or do not have the underdrains on them. Title Reports list all documents recorded against my property.  Owning lots 30 and 126 we do NOT have the underdrains and should be identified within the CCRs as being clear of the cloud the underdrains and their manholes will create on titles of properties with underdrains.  This request cannot be ignored and must be added to the draft Declarations.

    AMENDED AND RESTATED

    DECLARATION

    OF

    COVENANTS, CONDITIONS, AND RESTRICTIONS

    FOR

    SILVER SPRINGS SINGLE FAMILY

    (FORMERLY KNOWN AS THE DEVELOPERS SILVER SPRINGS DEVELOPMENT SUBDIVISIONS)

     

    THIS AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SILVER SPRINGS SINGLE FAMILY (hereinafter the “Declaration”) is adopted by Silver Springs Single Family Home Owners Association (hereinafter the “Association”) and is effective as of the date it is recorded in the Summit County Recorder’s Office.

    RECITALS  [DELETE IN ENTIRETY.  These refer to the 1979-1985 Developer SSHOA not to SSSFHOA. These also continue the malaise of confusion and drag down an efficient organization.]

    1. Capitalized terms in this Declaration are defined in Article 1 or in other sections of this Declaration.
    2. Certain real property in Summit County, Utah, known as Silver Springs Development Subdivisions was subjected to certain covenants, conditions and restrictions pursuant to the Declaration of Covenants, Conditions and Restrictions for Silver Springs Development Subdivisions, dated July 6, 1979, was recorded on July 16, 1979, as Entry No.157620, in Book M137, at Page 104, in the public records of Summit County, Utah.
    3. A Supplementary Declaration of Covenants, Conditions and Restrictions for Silver Springs Development Subdivisions, dated January 9, 1981, was recorded on January 9, 1981, as Entry No. 175088 in Book M176, at Page 793, in the public records of Summit County, Utah.
    4. A Supplementary Declaration of Covenants, Conditions and Restrictions for Silver Springs Development Subdivisions, was recorded January 26, 1981, as Entry No. 175698 in Book M178, Page 274, in the public records of Summit County, Utah.
    5. A Supplementary Declaration of Covenants, Conditions and Restrictions for Silver Springs Development Subdivisions, dated January 9, 1981, was recorded on February 26, 1981, as Entry No. 176773 in Book M180, at Page 705, in the public records of Summit County, Utah. This document was recorded twice and was also given the Entry No. 175698 in Book M178, at Page 274 – identical to the Entry No., Book and Page of the document above. However, despite having been recorded with the same Entry No, Book and Page, this document is not identical to the document listed above. This document references “Lots 65 through 171”, while the document listed above references “Lots 56 through 171.”

    CCR Page 10

     

    1. An Amended Declaration to Covenants, Conditions and Restrictions for Silver Springs Development Subdivisions, dated April 15, 1982, was recorded on April 16, 1982, as Entry No. 190498 in Book M217, at Page 482, in the public records of Summit County, Utah.
    2. An Amendment to Amended Declaration of Covenants, Conditions and Restrictions for Silver Springs Development Subdivisions, dated June 25, 1982, was recorded on July 6, 1982, as Entry No. 193368 in Book M225, at Page 194, in the public records of Summit County, Utah.
    3. A Supplementary Declaration of Covenants, Conditions and Restrictions for Silver Springs Development Phase No. 1-E, dated September 1, 1982, was recorded on September 10, 1982, as Entry No. 195828 in Book M232, at Page 429, in the public records of Summit County, Utah.
    4. An Amended Declaration to Covenants, Conditions and Restrictions for Silver Springs Development Subdivisions, Summit County, Utah, dated October 14, 1985, was recorded on January 16, 1986, as Entry No. 244975 in Book 370, at Page 267, in the public records of Summit County, Utah.
    5. An Amendment to Amended Declaration of Covenants, Conditions and Restrictions for the Silver Springs Development and the Homeowners Association, dated May 6, 1989, was recorded on June 26, 1989 as Entry No. 309692 in Book 525, at Page 672, in the public records of Summit County, Utah.
    6. An Amendment to Declaration of Covenants, Conditions and Restrictions for Silver Springs Development Subdivisions, dated February 17, 1991, was recorded on May 2, 1991, as an Entry No. 340160, in Book 606, at Page 314, in the public records of Summit County, Utah.
    7. An Amendment to Declaration of Covenants, Conditions and Restrictions for Silver Springs Development Subdivisions, dated February 8, 1993, was recorded on May 23, 1994, as Entry No. 405079 in Book 00807, at Page 765, in the public records of Summit County, Utah.
    8. An Amendment to Declaration of Covenants, Conditions and Restrictions for Silver Springs Development Subdivisions, Summit County, Utah, dated November 10, 1994, was recorded on November 17, 1994, as Entry No. 00419440 in Book 00851, at Page 334, in the public records of Summit County, Utah.
    9. The Association hereby adopts this Declaration which (along with and subject to any future amendments) shall be the sole Declaration for the Silver Springs Single Family, excepting any master declaration. This Declaration supersedes and replaces in its entirety the Original Declaration and any other previously recorded or unrecorded declarations or amendments thereto of the Silver Springs Development Subdivisions, including, but not limited to, the declarations and amendments listed in recitals B through M.
    10. The Neighborhood was previously known as the Silver Springs Development Subdivision, but by recording of this Declaration shall be known as Silver Springs Single Family. </span style=”text-decoration: line-through. [Single Family what? Try Silver Springs Park Estates instead? This is a good time to up class our subdivision name.] </span style=”text-decoration: line-through;”>

     

    • REMOVE DBA FROM THE DEPT OF COMMERCE RECORDS The Association is a nonprofit domestic corporation named the Silver Springs Homeowner’s Association [DBA was created on January 27, 2014 by Hovey and Gunter as an attempt to tie the Developers 1982 DIA to the SSSFHOA without the required vote of the Homeowners] doing business as the Silver Springs Single Family Home Owners Association, by which name it is also listed in the Utah Homeowners Association Registry.
    1. The Bylaws of the Association attached hereto supersede and replace any previous bylaws of the Association and any amendments thereto.
    2. The Association is the authorized representative of the Owners of certain real property known as the Silver Springs Single Family, located in Summit County, State of Utah and more particularly described on Exhibit B attached hereto and incorporated herein by this reference.
    3. The Association is a member of the Silver Springs Master Homeowner’s Association, pursuant to that certain Developer-Homeowner Agreement, Silver Springs Subdivision, recorded January 5, 1990 as Summit Country Recorder Document 318770, Book 550 pp 111-130.
      (https://www.silverspringscommunity.com/master-association/ma-docs-index/ma-october-3-1989)
    • [ The Master Association 1989 Draft Bylaws, were recorded as Entry 00851062 Book 1941 pp 14, on July 25, 2008.]
    1. This Declaration is adopted to define the rights of the Association and the Owners, to provide for a general plan for managing the Neighborhood, and in furtherance of the Association’s efforts to efficiently and economically provide a quality living environment and to enable the Association to protect and enhance the value of the Lots in the future. [This Declaration fails on all the above points]
    2. The Owners, through the Association, desire to establish the Terms and Conditions for the mutual benefit and burden of the Association and all current and future Owners, Occupants, Lenders, and others acquiring any property interest in the Neighborhood. 1.1. “Act” shall mean the version of the Community Association Act codified beginning at Section 57-8a-101, Utah Code Annotated, in effect at the time this Declaration is recorded.
    • 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 or the Act.
    • 3. “Articles” shall mean the Articles of Incorporation or the chartering document of any other legal entity, if any shall be formed for the Association.
    • 4. “Assessmentsshall mean any monetary charge imposed on or assessed to an Owner by the Association as provided for in this Declaration.
    • 5. “Association” shall refer to the SILVER SPRINGS SINGLE FAMILY HOMEOWNERS ASSOCIATION (the name “Silver Springs Homeowner’s Association” is the name.

     

    NOW, THEREFORE, for the reasons recited above and subject to the Terms and Conditions set forth below, the Association hereby removes all association to any other declarations and any amendments thereto with the following:

     

     ARTICLE 1 DEFINITIONS

    As used herein, unless the context otherwise requires: 12

     

    • shown on the state of Utah Corporate Registry, but for purposes of this Declaration and the Association’s Bylaws, the name Silver Springs Single Family Home Owners Association will be used consistently herein), the membership of which shall include each Owner in the Neighborhood. The Association may be incorporated as a nonprofit corporation. 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 refer to that entity or group.
    • 6. “Board of Trustees” or “Board” shall mean the entity with primary authority to manage the affairs of the Association. [Add: only within the parameters authorized by the Homeowner Members.]
    • 7. “Board Member” shall mean a duly-qualified and elected or appointed member of the Board of Trustees. [Remove “or appointed” as this has been abused several times.]
    • 8. “Bylaws” shall mean the Bylaws of the Association attached as Exhibit A, and all valid amendments and supplements thereto. No amendment to the Bylaws shall be effective until it is [voted on and approved by the Members ] recorded in the records of the Summit County Recorder.
    • DELETE9. “Capital Improvements” shall mean and refer to a permanent addition to, or the betterment of, real property owned or maintained by the Association that enhances its capital value and is designed to make the real property more useful or valuable as distinguished from ordinary repairs.
      SSSFHOA does NOT own or maintain any real property.
    • 10. “Common Expenses” shall mean the actual and estimated costs for: (a) maintenance, management, operation, repair and replacement of any fixtures, land, facilities, or infrastructure that the Association is responsible for pursuant to the Governing Documents; (b) management and administration of the Association, including, but not limited to, compensation paid by the Association to managers, accountants, attorneys, consultants, and employees; (c) insurance and bonds required or allowed by this Declaration; (d) the establishment of reserves; (e) other miscellaneous charges incurred by the Association as provided for or allowed in the Act or the Governing Documents; and (f) any other expenses of the Association arising from the operation of the Association and not otherwise defined or precluded by the Governing Documents or any applicable law.
    • 11. “Declaration” shall mean this Declaration, including all attached exhibits which are incorporated by reference, and any and all amendments to this Declaration.
    • ADD: “Electronic Notice, Transactions and Voting” are not to be used for voting on required 66 2/3 or 67% Membership votes.
    • 12. “Governing Documents” shall refer to this Declaration, the Plats, the Bylaws, the Rules, Architectural Guidelines, any Articles, and any other documents or agreements binding upon all of the Owners, and which have been distributed and noticed by all the Owners.
    • 13. “Lakeview Lots” shall mean the sixteen (16) Silver Springs Single Family Lots which are located immediately adjacent to the Master Association’s Shoreline Property surrounding the two community lakes.  [Lots 47, 48, 49, 193, 194, 195, 196, 197, 198, 199; LLSS-1, LLSS-2, LLSS-3, LLSS-4, LLSS-5, LLS-6?]
    • 14. “Lender” shall mean a holder of a mortgage or deed of trust on a Lot.
    • 15. “Lot” shall mean and refer to any one of the parcels in the Neighborhood, and may be designated on the Plat as a “Lot” or “Parcel”. Except where the context specifically requires otherwise, reference to a Lot shall include reference to the Allocated Interest appurtenant to such Lot. Parcels in esheat without HOA certified ownership are not referred to as a Lot belonging to the HOA.

    CCR page 13

     

    • 16. “Manager” shall mean any entity or Person engaged by the Board to manage or assist in managing the Neighborhood.
    • 17. “Master Association” shall refer to the entity described in Recital S that owns Shoreline Property, manages the two community lakes, manages certain common areas in the community, and is authorized [SS Master Association has no CCRs, only the Developer’s draft Bylaws from 1989, and has no ratified authority] to assess members of the Association and other member associations for expenses related to its operation.
    • 18. “Neighborhood” shall refer to the individual Private Property belonging to the Homeowners and the common areas of the Silver Springs Community Master Association. There are NO common structures or improvements within the Silver Springs subdivision neighborhood. [ thereon including the Lots, common areas, and open spaces. ]
    • 19. “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. Occupants shall include any trespassers or previously lawful Occupants if the Owner fails to secure the Lot against trespass, fails to take action necessary and appropriate to remove trespassers, or previously lawful Occupants, immediately upon notice of the trespass or occupancy, or fails to take reasonable measures to become aware of any unauthorized Occupants in the Lot or of any unauthorized entry and use of the Lot (which shall include the duty to verify the physical condition and occupancy of the Lot at least monthly, if it is left unoccupied).
    • 20. “Open Space” shall mean those areas not designated as within the boundaries of a platted residential lot or common area parcel.
    • 21. “Owner” shall mean the Person or Persons 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; however,  DELETE: Owner shall not include a trustee or beneficiary of a deed of trust?
    • 22. “Person” shall mean a natural individual, corporation, estate, partnership, trustee, association, joint venture, government, governmental subdivision or agency, or any other legal entity with the legal capacity to hold title to real property.
    • 23. “Plat” shall mean the record of survey map, or maps, of the Neighborhood recorded in the records of the County Recorder of Summit County, State of Utah and all amendments and supplements thereto.
    • 24. “Property” shall mean the property legally described in Exhibit B and all easements and rights appurtenant thereto.
    • 25. “Rules” shall mean and refer to any rules and regulations adopted by the Association Homeowners.
    • 26. “Shoreline Property” shall mean the real property [no longer] [or formerly] owned by the Master Association [ but that has been transferred to the contiguous lot owners of the Shoreline Property], which property is located between the Master Association lakes and the border of the Lakeview Lots Property.
    • 27. “Terms and Conditions” shall mean any one or all of the terms, covenants, rights, obligations, and restrictions set forth in the Governing Documents.
    • DELETE 28. “Underdrain Systemshall mean the UNDERground water drainage facility located 8-10 feet under the surface and associated access manholes residing within and under platted private property drainage, utility, and road easements within the Neighborhood. [ If placed within the HOA Declarations they become a material fact that must be disclosed, will appear as a stigma and cloud on your Title Report affecting your property value.
      The underdrains designed and built in 1979 are a DIA (Developer/Development Interface Agreement) as temporary construction apparatus to facilitate the draining of certain lots so that utilities infrastructure and housing foundations could be commenced when Silver Springs was initiated.  The expectation of DIA’s is that the agreement ends when the County refunds to the Developer the Bond Funds for the project.  Those funds were returned to the Developer in June of 1982. ]
    • [All language and references to the underdrain system have to be removed from these declarations. So far 82 Members voted against acceptance of the underdrains.]

    CCR page 14

    • 1. Binding Effect of Governing Documents. The Association hereby confirms that the Property is part of the Neighborhood and declares and agrees that the Neighborhood and all of the Lots in the Property shall be held, transferred, mortgaged, encumbered, occupied, used, and improved subject to the Terms and Conditions, which Terms and Conditions shall, to the extent they are included in recorded documents, constitute equitable servitudes, easements, and covenants running with the land and shall be binding upon, and inure to the benefit of, the Association and each Owner, including their respective heirs, executors, administrators, personal representatives, successors and assigns. By acquiring any interest in a Lot such Owner consents to, and agrees to be bound by, each and every Term and Condition in the Governing Documents.
    • 2. Nature of the Neighborhood. The Neighborhood is a single-family home community that contains 188 Lots dedicated to single-family homes except for Lots that may be dedicated to another use, such as a trailhead. The Neighborhood is not a cooperative and is not a condominium.
    • 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.  CHANGE NAME PRIOR TO ACCEPTING THESE CCR.
    • 4. Identification of Lots. All of the Lots are referenced specifically and identified by location on the Plat.
    • 5. Registered Agent. The registered agent of the Association shall be as provided for in entity filings of the Association with the Utah Division of Corporations. At the time of the recording of this Declaration, the registered agent is: Model HOA. The Board may change the registered agent or address without Owner consent by making the appropriate filing with the Utah Division of Corporations.
    • 1. Common Land.  Open space designated on the Plat that (a) lies within the Neighborhood and (b) is not designed as part of a Lot shall be common land of the Association, subject to any easement or encumbrances of record. [There is no common land in SSSF.]
    • SSSF Lot 17 Quit Claim Deed.

     

    ARTICLE 2 THE NEIGHBORHOOD

    ARTICLE 3 DESCRIPTION OF LOTS, ALLOCATED INTERESTS, & PLAT

    • (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) Subject to further specification herein, each Lot generally consists of any and all improvements ( public utility lines) on or within the boundary of the Lot and all structures and related public utility equipment or installation
    • (excluding the unratified underdrains and Association’s Drainage Facility) on or within the boundary of the Lot.

    CCR page 15?

     

    • 3. Allocated Interest of Each Lot in the Votes of the Association. The allocated interest of each Lot shall be equal to every other Lot. The Owners of each Lot shall be entitled to vote the Allocated Interest of their Lot for all matters related to the Association that Owners are permitted or required to vote or approve. 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. Any Owner of multiple Lots shall have one allocated interest per Lot.
    • 4. The Plat. The Plat and all dimensions, descriptions, and identification of boundaries therein, are hereby incorporated into and made a part of this Declaration. If any conflict exists between the Plat and this Declaration, the Declaration shall control
    • (a) At the time of the recording of this Declaration, (1) Lots 116, 117, and 124 have been physically combined into one parcel, but not into one Lot and, accordingly, the Owner of such combined Lot shall have three Allocated Interests, and (2) Lots 132 and 133 have been physically combined into one parcel, but not combined into one Lot, and the Owner of such combined Lots shall, accordingly, have two Allocated Interests. If such combined Lots are ever separated, the Owner of each separated Lot shall have one Allocated Interest.
    • (b) 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 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 assessment

     

    ARTICLE 4 MAINTENANCE & UTILITIES

    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 Owner’s Lot, including, but not limited to, all of the structures, fixtures, and any and all improvements thereon. This maintenance obligation includes, but is not limited to, homes, out buildings, landscaping, driveways, and fences [and removal of those that exist in path of underdrains].
    • (b) Each Owner shall maintain the Owner’s 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.
    • (d) All Lots and improvements to such Lots shall be kept and maintained by the Owner thereof in clean, safe and attractive condition and in good repair.
    • (e) The Board may set forth any reasonable limits, restrictions, or guidelines on maintenance of Lots in the Rules.

    CCR page 16

    ARTICLE 4 MAINTENANCE & UTILITIES

    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 Owner’s Lot, including, but not limited to, all of the structures, fixtures, and any and all improvements thereon. This maintenance obligation includes, but is not limited to, homes, out buildings, landscaping, driveways, and fences [and removal of those that exist in path of underdrains].
    • (b) Each Owner shall maintain the Owner’s 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.
    • (d) All Lots and improvements to such Lots shall be kept and maintained by the Owner thereof in clean, safe and attractive condition and in good repair.

    (e) The Board may set forth any reasonable limits, restrictions, or guidelines on maintenance of Lots in the Rules.

    Section 4.1(f)-[ delete this section. Confirmed by over 80 Homeowners] 

    To: [email protected]   Absolutely take them out of the CC&Rs. You do not have the right to impose them on the homeowners who have voted to IGNORE THE UNDERDRAINS in 1985, 1994, 2008, 2014, 2018!   TAKE THEM OUT OF THESE CCR!!!

    • 4.2 Owner Responsibility for Non-Interference with the Underdrain System. No Owner or Occupant shall, through intentional actions or through willful negligence, damage any component of the underdrain System located on the Owner’s Lot. [This does not make allowances for pre-existing conditions such as trees, sheds, fences, rockwork, etc, in existence prior to Owner’s ownership or prior, as new Owner, to having knowledge of the existence or location of the underdrains. The underdrains currently are unratified, unsanctioned, and not owned by the Homeowners or their Association. ACCEPTANCE OF THESE CCRS IS AN AUTOMATIC ACCEPTANCE OF THE UNDERDRAINS AND ALL THEIR COSTS, RESPONSIBILITIES, AND ISSUES.]
    • (a) No Owner or Occupant shall place, or permit to remain, any structure, planting or other materials which damages or interferes with the Underdrain System, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easement. [channels are open ditches along which water flows, such as Parcel B, N or Q ] [Those wonderful evergreen trees that render shade and privacy will not be permitted to remain, that fire pit patio, gone, etc.] [This does not make allowances for pre-existing conditions such as trees, patios, fences, rockwork, etc, in existence prior to Owner’s ownership or prior, as new Owner, to having knowledge of rules for open channels.]
    • (b) Notwithstanding anything to the contrary in this Section 4.2, damage caused by any structures, plantings, trees, or other materials that an Owner can reasonably demonstrate were planted or installed (i) prior to April 5, 2017, or (ii) with the prior approval [will you be able to find the prior owner / and will he have proof of prior approval?] of the Architectural Review Committee (the “Except Improvements”) shall be the responsibility of the Association, and no Owner shall have any liability for damage caused, in whole or in part, by Exempt Improvements on the Owner’s Lot.
    • (c) The Association shall repair, replace, restore any improvement of the Owner located within the easement area should the Association cause any disruption, damage or alterations. The [underdrains] easement area [becomes an unimproved, no plantings dead zone], as shown on the Plat, and all improvements thereon, shall be maintained continuously by the owner of the Lot, except for those improvements for which the Association, a public authority, or a utility company is responsible. 4.3 Association Responsibility for Maintenance of Underdrain The Association shall be responsible for the maintenance, repair and replacement, as necessary, of any part of the Underdrain System [ACCEPTANCE OF THESE CCRS IS AN AUTOMATIC ACCEPTANCE OF THE UNDERDRAINS AND ALL THEIR COSTS, RESPONSIBILITIES, LIABILITIES AND ISSUES. The board has not ever asked for a vote by the Association Homeowners to accept responsibility for the underdrains, here it is, hidden among the lengthy text. The Homeowners voted while approving CCRs and Articles and write-in votes in 1985, 1994, 2014, 2008, 2018 to NOT accept the underdrains. Here the board is sneaking in this liability.] other than that caused by the intentional actions or willful negligence of an Owner under Section 4.2. Access easements related to any obligations of the Association are set forth in Article 10 herein. [1981 Gerald Kinghorn letter: ”The SSSFHOA does not own the incomplete and defunct underdrain system as it was installed on private property.”]
    • (a) Standard of Maintenance. The Board may determine, in its sole discretion, the appropriate maintenance standard for the Underdrain System, so long as it is maintained in the best interest of the Owners and in such a manner to accomplish the functions for which it is intended.
    • (b) If the Board determines that the need for maintenance, repair, or replacement of any part of the Underdrain System is caused by an Owner or an Occupant, the Association shall have the authority to assess to the Owner the actual cost of such maintenance, repair, or replacement to the extent the repair costs are not paid for by any applicable insurance.
    • (c) The Association shall exercise reasonable care to disturb the minimal amount necessary on a Lot to efficiently and economically perform any work on the Underdrain If the Association disturbs or accesses a Lot in the process of maintaining, repairing, or replacing the Underdrain System, the following shall apply:

    CCR page 17

    • 4.4 Default in Maintenance. If, after all previous notices to an Owner regarding any maintenance obligations hereunder remain unaddressed and an Owner or Occupant still fails to: (1) maintain a Lot as required in the Governing Documents or (2) make repairs otherwise required of the Owner to comply with the requirements of the Governing Documents, then the Association may take any action allowed for a failure to comply with the Governing Documents and shall give written notice to such Owner specifying the nature of the default, and the corrective action that the Board determines to be required and requesting that the same be carried out within a time period of at least fourteen (14) days advance notice.
    • 4.5 Utilities. 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,

     

    (1) In any non-exclusive utilities and drainage easement areas (as depicted on the Plat) that are disturbed: (i) The Association shall only be responsible for installing lawn, xeriscaping plants, other minimal landscaping, extension of existing irrigation systems required by the foregoing, and fences: and (ii) the Association shall restore or place any Exempt Improvements in a manner so as not to cause future damage to the Underdrain System, or, if that is not reasonably possible, to provide the Owner with alternative improvements that deliver (in the reasonable opinion of the Owner) substantially the same privacy, shade or decorative benefit as the Exempt Improvements; and (iii) the Association shall have no responsibility to replace trees, shrubs, rocks, structures, or other fixtures in these areas.

    (2) In any areas of a Lot (other than non-exclusive utilities and drainage easement areas as indicated on the plats) that are disturbed: (i) the Association shall restore any disturbed areas to substantially the same condition as prior to the Association’s work including any lawn, landscaping, trees, shrubs, fences, and structures, (ii) the Association shall exercise reasonable care to disturb the minimal amount necessary to efficiently and economically perform its work.

    (3) Before commencing any non-emergency work, the Association shall first give notice to any Lot Owner that will be affected by any work, which shall include reasonable details about the work including the expected dates, general scope of the work, and a general description of the work to be completed. If requested, the Association shall meet with the Lot Owner at the Lot prior to starting the work to describe the work and respond to questions of the Lot Owner. For the purpose of this paragraph, “emergency” shall be defined as flooding caused by failure of the Underdrain System, or imminent threat of such flowing, in the reasonable judgment of the Board of Trustees.

    (4) The Association shall hold an owner harmless and defend an owner from any claim by a third party that (a) arises out of the work the Association is doing on the Lot, or (b) results from damage or loss caused in whole or in part by a failure of, or damage to, the Underdrain System on the Owner’s Lot.

    If the remedy is not completed as specified by the notice, then the Association may take any action allowed for a default of the Governing Documents. In addition, the Association may cause corrective action to be taken (which may include completing the repairs and replacements) and may assess the Owner for all costs associated therewith.

     

    CCR page 18

     

     

    • 4.6 Association Maintenance of Open Spaces. The Board shall have the authority, but not the obligation, to maintain any areas within the boundaries of the Association that are not specifically included in a platted lot. Said maintenance shall be deemed a common expense of the Association. The Board shall have full discretion to determine which open spaces shall be maintained and to what extent. The Board may set forth reasonable guidelines regarding open space maintenance in its Rules.

     

    ARTICLE 5 ARCHITECTURAL CONTROL [Move all of this Article 5 to Arc Standards document. Do these repeat County Standards? The CCRs have to be ratified by the vote of the Homeowners and are thus supported by State law, the Arch Standards are only approved by the board.  The reason the board wants to include Arc Rules within the CCRs is to force Owners to comply with the acceptance of “conformity”, a 1980’s principle that is now passé and outmoded.  It is obvious that the recent Arc approvals are anything but conforming to the early homes within SSSF, so why put the ARCs into the CCRs?  Look at the latest houses approved by the board on Lots 60 and 198, no conformity. Again, take the ARC guidelines and control out of these CCRs.]

    • 1 Architectural Review Committee. An Architectural Review Committee (ARC) may be created by the Board. At least one (1) ARC member must be a Board member. Such Committee may include more members at the discretion of the Board. The ARC shall be a Sub-Committee as defined in the Bylaws and shall act in accordance with the requirements of the Bylaws. Members of the ARC shall serve for a term of one (1) year but may be appointed for consecutive terms. If no ARC is created or if it should not perform any duties for any reason, the Board shall act as the ARC and shall have all powers and duties otherwise given to the ARC in the Governing Documents. (a) Purpose. The ARC shall regulate the external design, appearance, and location of any structure, fixture, or landscaping on any Lot so as to ensure compliance with the Governing Documents. The ARC may designate design standards and styles for any exterior improvement or alteration, such as fences, driveways, trees, siding, and roofing. Such designations shall be for the purpose of achieving uniformity of appearance with existing structures and landscaping on the Lot and on the neighboring Lots, and preservation of property values.
    • (b) Right of Entry. The Board of Trustees, the ARC, and their agents shall have the right to enter on any Lot for the purpose of assessing compliance with this Section, with reasonable advance notice to the Owners. (c) Professional Assistance. With the prior approval of the Board, the ARC may hire an architect, engineer or other professional to assist it in its work. [The owner has already hired these professionals and the County professionals have approved and issued a permit and send out inspectors. What one board may not approve, the next board may approve. See the variety evident in our neighborhood. Untrained Trustees should not be given such indepth of discretion.] The Association may assess to an Owner any costs the Association incurs related to the review and approval of any requested modification to a Lot, but in no instance shall the fee exceed the actual costs incurred by the Association. The ARC shall give reasonable notice to an Owner, which may be specified in the Rules, prior to seeking professional assistance that might be charged to an Owner.
    • (d) Authority. The ARC may deny requests for modifications or approvals if: (1) the requested modification does not comply with the requirements of the Governing Documents in the discretion of the ARC; or (2) the Owner requesting the modification does not comply with the requirements for obtaining approval such as by failing to provide sufficient information or information requested by the ARC related to the request.

    Page  19

    5.2 Architectural Guidelines. [Remove all from here, see Arch Standards.] [39 Members want these removed from the CCRs.] The following architectural guidelines shall apply, in addition to architectural rules and guidelines that may be adopted by the Board in the Rules: (a) Neither the ARC nor the Board shall approve a proposed improvement unless the design, contour, materials, shapes, colors and general character of the improvement achieve uniformity of appearance with existing structures and landscaping on the Lot and on the neighboring Lots and preserve property values.

    • (b) Improvements shall be designed and located upon the Lot so as to minimize the disruption to the existing natural vegetation on the lot.
    • (c) Exterior construction materials shall be limited to stone, stone veneer, wood siding, stucco, or simulated wood siding, and shall be in earth tones indigenous to the area. Metal siding is permitted in earth tones so long as it makes up less than twenty percent (20%) of the exterior of the building. Metal roofing is permitted so long as the metal roof is a non-reflective earth tone.
    • (d) No reflective finish, other than glass and surfaces of hardware fixtures, shall be used on exterior surfaces including, without limitation, the exterior surfaces of any of the following: retaining walls, doors, trim, fences, pipes, equipment, and mailboxes.
    • (e) Roof slopes shall be between 4/12 pitch (four foot rise and twelve foot run) and 8/12 pitch (eight foot rise and twelve foot run). Roofs with greater or lesser pitch will generally be prohibited, unless there are compelling reasons for them as determined by ARC.
    • (f) Any light used to illuminate garages, patios, parking areas, or for any other purpose shall be so arranged as to reflect light down and away from adjacent residences and away from the vision of passing motorists. [Remember that illumination on mailboxes and yard lamp posts, etc. are recommended for public and property safety. Street lights in SSSF are few and far between, at intersections.] [Section 5.2: I am a HUGE fan of the dark skies movement- and would like this section to be re-worked. I would like 24/7 lighting banned!  -PG]
    • (g) Fences are allowed to the extent permitted and subject to the requirements of the design guidelines.
    • (h) Unless otherwise approved by the ARC: (1) Exterior demolition and subsequent construction of all structures shall be completed within one (1) year following commencement of construction, (2) any exterior additions or alterations to existing dwellings shall be completed within a period of one (1) year following commencement of construction, and (3) the front, rear and side yard of each Lot shall be landscaped within a period of one (1) year following completion of a dwelling, as measured by the earlier of the time a certificate of occupancy is issued or the dwelling is substantially complete. [this rule is unevenly applied and Owners have taken note of it.]
    • 5.3 Approvals for Modifications. Prior to commencing any modification to a Lot (excluding interior modifications to single family homes that do not in any way alter the exterior of the home or otherwise violate the Governing Documents), Owners shall submit a request to the Association for approval and shall obtain written approval of the modification. Such requests shall be made in accordance with this Section and any procedures consistent therewith adopted by the Board. (a) An Owner must submit sufficient plans, drawings, samples, and other information to adequately describe the proposed modification. [The Arch committee as a group of unqualified individuals is costing Owners time and money as the committee wrestles with information they are not trained or experienced to understand. Owners have already hired architects, engineers, and builders to advise them and Summit County professionals have also reviewed the plans and issued building permits. This is a waste of time and the board fees are ludicrous. There are numerous Homeowners who have had to wait several months for Arc approval.  Threats of suing the board finally moves the board process to completion. ]CCR Page  20
    • (b)Prohibitions. Without prior written permission of the Board and regardless of whether any response from the Association is timely received or not related to a request for remodeling approval, none of the following shall occur at any time: (1) any use of the any roads for staging, storage, assembly, or construction, (2) any nuisance as established by law or by the Governing Documents, (3) any blocking (other than temporary as permitted by the Board) of the roads by vehicles, materials, or persons, (4) any failure of the Owner or any contractor, subcontractor or other agent of the Owner
    • to keep a construction site in a neat, tidy and safe condition.
      • (c)Failure of ARC to Act. If the ARC shall fail to respond within sixty (60) days to any written request submitted to it, such request shall be deemed to have been approved as submitted (subject to subparagraph (b) above), and no further action shall be required.
    • ARTICLE 6 ORGANIZATION AND GOVERNANCE OF THE ASSOCIATION  [Delete, move to Bylaws.]
    • 6.1 Organization of Association. The Association may serve as the organizational body for all Owners.
    • 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.
    • 6.3 Legal Organization. The Association may be organized as a non-profit corporation. In the organization, reorganization, or amendment of any documents related to the legal organization of the Association, the terms in all such documents shall, to the extent possible under the applicable law, be consistent with the terms in the Declaration and the Bylaws. If the legal entity should ever expire or be dissolved for any reason, as required or permitted by law in any reorganization or reinstatement of the entity, the Association shall, to the extent possible and subject to any legal requirements, adopt documents with terms substantially 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. 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 is 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 requested by an Owner, after receiving a proper request, during normal business hours. 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. The Association may require that the Owner comply with any statutory provision or other legal requirement applicable to providing this information before providing it.
    • 20
    • 6.6 Board of Trustees. The governing body of the Association shall be the Board elected or appointed 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 Association. Any reference to an act, right, or obligation of the Association in the Governing Documents may only be exerted or complied with through an action of the Board. Except as may be specifically provided in the Declaration, Articles of Incorporation, or by applicable law, no Owner, or group of Owners, other than the Board may direct the actions of the Association.
    • 6.7. Board Members.
    • (a) Qualification. The Bylaws shall set forth the qualifications for serving as a Member of the Board.
    • (b) Reasonable Ongoing Requirements for Board Members. The Bylaws may place reasonable obligations and requirements on existing Board Members to retain their membership on the Board.
    • 6.8 Limitation on Authority of Owners, Board Members, Officers, & the Board. [Delete all of 6.8]
    • (a) Except as provided herein or in the Bylaws, the Board, any individual Owner, and any individual Board Member or Officer shall have no authority to, and may not act or purport to act on behalf of the Association or the Board to: (1) Amend or terminate any Governing Document;
    • (2) Elect or remove members of the Board; [Delete]
    • (3) Establish or change the qualifications, powers and duties, requirements, or terms of Board Members, or of the Board; [Delete]
    • (4) Authorize or agree to any deviation or exception from the Terms and Conditions, except as provided in this Declaration; and
    • (5) Enter into any service or supply contract (including, but not limited to, bulk services agreements such as cable, internet, or television, cellular site agreements, management agreements, and maintenance contracts) on behalf of the Association for a term of more than ten (10) years without the affirmative vote of Owners holding fifty percent (50%) of the Allocated Interests at a meeting called for that purpose.
    • (6.11) Owner First Amendment Rights. Owners and Association Members hold the First Amendment Rights to Assembly and to Freedom of Speech and Press at any time without board member interference, attendance or notification. This Owner’s forum gives the Owners an opportunity to comment and discuss actions by the board, removal of board members, potential rule changes and possible requests for property issues, before they are taken to the board.  Motions made and accepted by the “majority of the meeting Owner attendees” are valid for acceptance by the Association and the board.]

    CCR page 22

    • 6.9 No Estoppel or 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 regardless of the circumstances under which it is given; and no claim or defense of estoppel, waiver or similar equitable or legal claim or defense, may be raised by anyone related to any alleged reliance. It is the responsibility of anyone interacting with, visiting, occupying, or 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 § 57-8a-105, the Association shall be registered with the State Department of Commerce and shall update its registration to keep any required information current as required by law.

    ARTICLE VII: AMENDMENTS

    • 7.0 Amendments. Except as permitted specifically herein, or required by the Act, these Bylaws may be amended by the affirmative vote of Owners of Lots holding at least a simple majority of more than fifty percent (51%) of the Allocated Interest in the Association at a meeting called for that purpose.
    • 7.1 Rights and Responsibilities of the Association. The Association shall have the following rights and responsibilities in addition to any others set forth in the Governing Documents or provided for by law:

    [If the Bylaws remain in the Declaration CCRs how can they be amended separately from the CCRs??]

    CCR Page 22

    ARTICLE 7 GENERAL RIGHTS AND RESPONSIBILITIES OF THE ASSOCIATION [All language and references to the underdrain system have to be removed from these declarations.  So far 74 Members voted against acceptance of the underdrains.]

    • (a) Maintenance. The Association shall maintain, repair, and replace, as necessary, any part of the Underdrain [Delete all references to the unratified, unsanctioned underdrains.]
    • (b) Paying Expenses. The Association shall provide for the payment of Association expenses.
    • (c) Setting and Collecting Assessments.  The Association shall establish, collect, and account for Assessments, including Special Assessments, as necessary to operate the Association and fulfill its obligations consistent with the requirements of the Governing Documents. [The Association does not own any land, improvements, common areas, amenities therefore do not necessitate any of these Assessments. See 2008 Articles of Incorporation.]
    • (d) Adopting and Enforcing Rules. The Association may adopt Rules for the regulation and operation of the Neighborhood in accordance with the Governing Documents and the Act majority vote of the Members.  The Rules shall be consistently and uniformly enforced. The Rules may address any issues including those addressed in any other Governing Document. The Rules may supplement, clarify and add detail to issues addressed in the Governing Documents so long as they do not contradict the same. The Board of Trustees’ determination as to whether a particular activity being conducted, or to be conducted, violates, or will violate, the Rules shall be conclusive, subject to a judicial determination if any is timely sought. The standard for adoption of Rules is one of reasonableness. 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 its powers and obligations in the Governing Documents to the Manager, employees or other agents as it deems appropriate; provided, however, that only the Board shall have the right to:CCR page 23
    • (1) approve Association budgets, (2) authorize a fine to an Owner, and (3) authorize general and Special Assessment Any powers and duties delegated to any Manager or other Person 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 THESE GOVERNING DOCUMENTS.
    • (f) Other Necessary Rights. The Association shall have any other right that is reasonably necessary to carry out the terms of the Governing Documents including the right to retain professional services, including, without limitation, attorneys, accountants, and bookkeepers to assist in any Board function.
    • (g) Capital Improvements. Capital Improvements shall be governed by and subject to the following conditions, limitations, and restrictions: (1) Any Capital Improvement or change to the Neighborhood that does not materially alter the nature of the Neighborhood may be authorized by the Board, in its sole discretion. A material alteration to the Neighborhood is, for example, the installation of a previously non-existent and materially significant fixture or permanent removal of a materially significant fixture such as a road, swimming pool, tennis court, playground equipment, or parking area. Landscaping alterations and the addition or removal of signs or small structures are not material unless they cause other material changes such as those listed above.
    • (2) Any capital improvement which would materially alter the nature of the Neighborhood must, regardless of its cost and prior to being constructed or accomplished, be authorized by written consent of Owners holding a majority of the Allocated Interests and must be approved by a simple majority of the Board.
    • (h) Enforcement Rights. In addition to any other remedies allowed, or provided for in the Governing Documents, for any violation of the Governing Documents, the Association may: (1) impose fines; (2) collect rents directly from tenants, if Owners fail to pay Assessments; and (3) take any other action, or seek any other remedy, allowed by the Act or other applicable Utah law.
    • (i) Discretion in Enforcement. (1) 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.
    • (2) 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 violation of the Governing Documents, and may include in this analysis:
    • (i) Whether to compromise a claim made by or against the Board or the Association; and

    CCR page 24

    • (ii) Whether to pursue a claim for an unpaid Assessment. (3) The Association may not be required to take enforcement action if the Board determines after fair review, acting in good faith and without conflict of interest, that under the particular circumstances:
    • (i) The Association’s legal position does not justify taking any or further enforcement action;
    • (ii) The covenant, restriction, or rule in the Governing Documents is likely to be construed as inconsistent with current law;
    • (iii) That (A) a technical violation has or may have occurred; and (B) the violation is not material as to a reasonable Person or does not justify expending the Association’s resources; or
    • (iv) It is not in the Association’s best interest to pursue an enforcement action based upon hardship, expense, or other reasonable criteria. (4) Subject to Subsection (5), if the Board decides under Subsection (2)(ii) to forego enforcement, the Association is not prevented from later taking enforcement action.
    • (5) The Board shall not be arbitrary, capricious, or act against public policy in taking, or not taking, enforcement action.
    • (j) 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 disclosed 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.
    • (k) Hearing Procedures. In the event the Association has cause to take an adverse action related to any particular 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 Owner may request a hearing within thirty (30) days of notice of the adverse action; (2) the hearing shall be conducted within thirty (30) days of the

    CCR page 25

    • date the request is submitted; (3) the Owner 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.
    • (l) 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.
    • (m) Payoff Information Fees. The Association is specifically authorized to establish a fee of $50.00 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 identified in the Rules and is consistent with Utah law.
    • ARTICLE 8  Assessments and Budget
    • Article 8.1 Purpose of Assessment Money collected by the Association shall be used for the purposes of: (a) promoting the health, safety and welfare of the Owners; (b) the management, maintenance, care, preservation, operation, and protection of the Neighborhood; (c) enhancing and preserving the value of the Lots in the Neighborhood; and (d) in the furtherance of carrying out, or satisfying, any other rights, duties, or powers of the Association.
    • 8.2 Budget and Regular Assessments.
    • (a) The Board shall adopt a budget for the fiscal year sometime prior to thirty (30) days after the beginning of each fiscal year. The Board may revise that budget as it deems appropriate.
    • (b) The budget shall estimate the total Common Expenses to be incurred, which shall be broken down into reasonably detailed expense categories. The budget may include savings for reserves and contingencies as the Board deems appropriate and as required by law.
    • (c) The Board shall present the adopted budget to all Owners at the annual meeting of the Owners within a reasonable time after the adoption of a proposed budget or any revised budget. Additional requirements for actions to be taken at the annual meeting are set forth in the Bylaws.
    • (d) The Board shall determine the amount of a regular Assessment 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 Payment of Regular Assessments. Unless otherwise established by the Board, each Owner shall pay to the Association the Owner’s regular Assessment as an annual payment due no later than thirty (30) days following the date of assessment.
    • 8.4 Adjustments to Regular Assessments. In the event the Board determines that the estimate of total charges for the current year is, or will become, inadequate to meet all

    [SILVER SPRINGS SINGLE FAMILY DOES NOT OWN ANY PROPERTY, DOES NOT OWN THE UNDERDRAINS, DOES NOT OWN AMENITIES, DOES NOT OWN COMMON AREAS.   SINCE WE DO NOT OWN ANY OF THESE THINGS WHAT ARE WE BEING ASSESSED TO IMPROVE, MAINTAIN, OR REPAIR????      THE MASTER ASSOCIATION OWNS THE LAKES, PARK, TENNIS COURT.]

     

    CCR Page  26

    ARTICLE 8 BUDGETS & ASSESSMENTS (continued)
    [Delete all Assessments and Capital Improvements, Dues cover all legitimate HOA expenses]

    • Common Expenses for any reason, it may then revise the budget and each Owner’s share of the new budget total based on the Owner’s Allocated Interest. Upon notice of the adjustment, each Owner shall, thereafter, pay the adjusted regular annual Assessment to the Association.
    • 8.5 Personal Obligation for Assessment. Each Owner of any Lot, by acceptance of a deed or other instrument creating in such Owner the interest required to be an Owner, whether or not it shall be so expressed in any such deed or other instrument, hereby personally covenants and agrees with each other Owner, and with the Association, to pay to the Association any Assessments as provided for in the Governing Documents, including any Assessments assessed and unpaid prior to the date the Owner became an Owner, unless otherwise prohibited by law. Each such Assessment, together with such interest, collection charges, costs, and attorney’s fees, shall also be the personal obligation of the Owner of such Lot at the time the Assessment becomes due. FORGET ABOUT IT.
    • 8.6 Capital Improvements. Expenses for Capital Improvements may be included in the budget, paid for through Special Assessments, or paid for in any other manner as determined by the Board. [DELETE 8.6 entirely. SILVER SPRINGS SINGLE FAMILY DOES NOT OWN ANY PROPERTY, DOES NOT OWN THE UNDERDRAINS, DOES NOT OWN AMENITIES, DOES NOT OWN COMMON AREAS.   SINCE WE DO NOT OWN ANY OF THESE THINGS WHAT ARE WE BEING ASSESSED TO IMPROVE, MAINTAIN, OR REPAIR????   THE MASTER ASSOCIATION OWNS THE LAKES, PARK, TENNIS COURT, COMMON AREAS.]

    CCR page 26

    [DELETE all language and sections referring to any sort of charges to the Owners, other than annual dues. Assessments are very important to attorney law firms.  They make a lot of money collecting and processing assessment issues.  Morris & Sperry and Richards Law both firms began and continue to specialize in debt collection and foreclosures.]

    • 8.7 Allocation of Assessment. Except as otherwise provided herein, all Assessments (other than Special Assessments to individual Lots) shall be allocated to all Owners based on the Allocated Interest of each Lot. The Owner of any combined Lot shall pay one Allocated Interest for each Lot that has been combined. So long as Lot 104 is still being maintained as a trailhead as described in Section 3.4, the Owner of such Lot shall not pay any Assessments. FORGET ABOUT IT.
    • 8.8 Rules Regarding Billing and Collection Procedures. The Board shall have the right and responsibility to adopt Rules setting forth procedures applicable to Assessments provided for in this Declaration, and for the billing and collection of all Assessments, provided that such procedures are not inconsistent with the provisions herein. Such procedures and policies may include, but are not limited to, the date when Assessment payments are due and late, establishing late fees and collection charges, and establishing interest (simple or compounded) that may be charged on unpaid balances. The failure of the Association to send a statement to an Owner, or an error in any such statement (other than a Certificate of Payment), shall not relieve any Owner of liability for any Assessment or charge under the Governing Documents.
    • 8.9 Certificate of Payment/HOA Payoff Statement. The Association shall, within ten (10) business days after written demand, furnish to any Owner liable for Assessments, 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 fifty dollars ($50.00) or such other amount allowed by law, and provided for in the Rules, 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.

    CCR page 27

    • 8.10 Special Assessments. DELETE THIS. [Section 8.10- assessments need to be capped.]
    • The Association is expressly authorized to set and collect Special Assessments payable as may be determined by the Association (in lump sums or over a period of time) to pay for any Common Expenses or Capital Improvements. Notwithstanding the wording or terms of any notice of Special Assessment, a Special Assessment shall be deemed assessed, for all purposes, on the date that the payment for the Assessment is due. The Association may not levy a Special Assessments in excess of $110 per Lot in any one calendar year without the approval of a majority of the owners who attend a meeting, as provided in the Bylaws, called for the purpose of approving the Special Assessment. [CCRs v. 15 : board may not assess in excess of  $140,000 in any one calendar year without approval of a majority of the owners who attend a meeting for purpose of approving the special assessment. [11/5/2018 Town Hall agreement –“who attend a meeting for the purpose of approving the special assessment” is to be deleted entirely from all parts of this document.]   There is no cap how many times each year this meeting and votes of attendees can be called each year.]  [SSSF does not own any common property, no amenities, no improvements therefore does not require Assessments. Delete 8.10 entirely.]
    • 8.11 Special Assessments to Individual Lots. Notwithstanding Section 8.10, Special Assessments may be levied by the Association against a particular Lot and its Owner for:
    • (a) Any other charge designated as pertaining to an individual Lot in the Governing Documents;
    • (b) Fines, late fees, collection charges, and interest; and
    • (c) Attorneys’ fees, costs and other expenses relating to any of the above.
    • 8.12 Application of Excess Assessments. 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, in its discretion, may apply the excess to reserves, credit the excess against future Assessments, or refund the excess to the Owners in proportion to the Allocated Interests of each Lot in the Common Expenses of the Neighborhood. [Delete, there are no Common Areas, should be no Excess Assessments.]
    • 8.13 No Offsets. All Assessments shall be payable at the time, and in the amount specified by the Association, and no offsets against such amount shall be permitted for any reason, including, without limitation, a claim that the Board is not properly exercising its duties and powers, a claim in the nature of offset or that the Association owes the Owner money, or that the Association is not complying with its obligations as provided for in the Governing Documents. [Homeowner is considered guilty with no recourse. Delete.]
    • 8.14 How Payments Are Applied . Unless otherwise provided for in the Rules, all payments for Assessments shall be applied to the earliest (or oldest) charges first. Owners shall have no right to direct the application of their payments on Assessments or to require application of payments in any specific order, to specific charges, or in specific amounts.
    • 1 Delinquency. Assessments not paid within the time required shall be delinquent. Whenever an Assessment is delinquent, the Board may, at its option, invoke any or all of the remedies granted in this Article 9.
    • 2 Collection Charges and Interest. If the Association does not otherwise adopt or establish billing and collection procedures, including the amount of late fees and interest, in the Rules, 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; (b) in addition to late fees, interest shall accrue on all unpaid balances, including unpaid prior attorneys’ fees, interest (resulting in compounding of interest), late fees, and Assessments, at an annual percentage rate of twelve percent (1.5%).

    CCR page 28

    ARTICLE 9 NONPAYMENT OF ASSESSMENTS & JOINT AND SEVERAL LIABILITY OF OWNERS FOR ALL PAST UNPAID ASSESSMENTS 

    • 9.2 Association may also assess to the Owner any other reasonable charges imposed on the Association by a Manager, related to collections, as the Board may establish in the Rules.
    • 9.3 Joint and Several Liability of Owners and Future Owners for All Past and Presently Accruing Unpaid Assessments. The Owner and any future Owners of a Lot are jointly and severally liable for all Assessments accruing related to that Lot prior to and during the time that an Owner is an Owner. An Owner is not liable for any Assessments accruing after an Owner has lawfully transferred the Lot to another Owner. The recording of a deed to someone, something, or any entity that has not agreed to take ownership of the Lot shall not be considered a legal conveyance of title. The obligation in this Section 9.3 is separate and distinct from any lien rights associated with the Lot.
    • 9.4 Lien. [Re-write 9.4 and any other section describing liens on Homeowner property that lead to foreclosure. If liens lead to Foreclosure then alternative avenues for debt collection by the Association shall be made available. This section and language for placing a lien shall be deleted from the SSSFHOA CCRs. Search on le.utah.gov do not show information for “Association rights of homeowners: “The resource you are looking for has been removed, had its name changed, or is temporarily unavailable.”] The Association has a lien on each Lot for all Assessments, which include, but are not limited to, interest, collection charges, late fees, fines, attorneys’ fees, court costs, and other costs of collection (which shall include all costs, and not be limited by those costs, that may be awarded under the Utah Rules of Civil Procedure). This lien shall arise and be perfected as of the date of the recording of the initial Declaration for this Neighborhood and shall have priority over all encumbrances recorded after that date, except as otherwise required by law. If an Assessment is payable in installments, the lien shall be increased by each installment payment as the installment payment is due, unless the Association provides otherwise in the notice of Assessment. The Association’s lien shall have priority over each other lien and encumbrance on a Lot except only: (a) a lien or encumbrance recorded before this Declaration is recorded; (b) a first or second security interest on the Lot secured by a mortgage or trust deed that is recorded before a recorded notice of lien by or on behalf of the Association; and (c) a lien for real estate taxes or governmental assessments or charges against the Lot. The Association may, but need not, record a notice of lien on a Lot.
    • 9.5 Action at Law. [Delete this entire section. There will be no HOA foreclosures in our SSSF Neighborhood, ever.] The Association may NOT bring an action to recover a delinquent Assessment either personally against the Owner obligated to pay the same or by foreclosure of the Assessment lien. In addition, the Association’s choice of one remedy shall not prejudice or constitute a waiver of the Association’s right to exercise any other remedy. Any attorneys’ fees and costs incurred in this effort shall be assessed against the delinquent Owner and the Owner’s Lot, and reasonable attorneys’ fees and court costs will, thereafter, be added to the amount in delinquency (plus interest and collection charges, if appropriate). Each Owner vests in the Association, or its assigns, the right and power to bring actions at law or lien foreclosures against such Owner or Owners for the collection of delinquent Assessments.
    • 9.6 Foreclosure Sale. [Delete this entire section. There will be no HOA foreclosures in our SSSF Neighborhood, ever.]  Pursuant to Utah Law and established policies duly adopted by the Board, the Association shall have all rights of foreclosure granted by the Act, both judicially and non-judicially. Pursuant to Utah Code §§ 57-1-20 and 57-8a-302, an Owner’s acceptance of an interest in a Lot constitutes a simultaneous conveyance of the Lots in trust, with power of sale, to the Association’s attorney, as trustee, for the benefit of the Association, for the purpose of securing payment of Assessments under the terms of this Declaration. The Board may appoint a qualified successor trustee by executing and recording a substitution of trustee form.

    CCR Page  29

     

    • 9.7 Requiring Tenant to Pay Rent to Association. [Use State Code, remove 9.7] Pursuant to, and as provided for in, the Act, the Association shall have the right to demand and collect rent from any tenant in a Lot for which an Assessment 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.
    • 9.8 Attorneys’ Fees Incurred as a Result of a Default. [Delete entire 9.8 and all other attorney fees sections. Attorney fees and property management fees shall be handled and negotiated outside of this Declaration.] In addition to any attorneys’ fees and costs provided for herein, the Association shall be entitled to recover all reasonable attorneys’ fees and costs incurred as a result of an Owner’s failure to timely pay Assessments, including, but not limited to attorneys’ fees incurred to: (a) obtain advice about a default; (b) collect unpaid payments; (c) file lawsuits or other legal proceedings related to a default in an effort to collect unpaid Assessments; (d) examine the debtor or others through a formal or informal deposition, at a meeting conducted under 11 U.S.C. § 341, an examination under Rule 2004 of the Federal Rules of Bankruptcy Procedure; (e) file pleadings, notices, objections, and proofs of claim in any bankruptcy proceeding; (f) monitor any bankruptcy proceeding, including, but not limited to, reviewing an Owner’s bankruptcy statements and schedules filed with the court, reviewing other pleadings and claims filed in an Owner’s bankruptcy case, and regular monitoring of an Owner’s progress of complying with a confirmed Chapter 13 or Chapter 11 plan for the duration of the plan; (g) litigate, seek and respond to discovery, introduce evidence, hire and pay expert witnesses, file motions and other pleadings, attend trials, hearings, or other court proceedings as reasonably necessary related to assert any non-dischargeability of debts, to assert claims against the Owner’s bankruptcy estate or co-debtors, to challenge exemptions, to challenge treatment under a proposed plan, to pursue any appropriate adversary proceeding for any other reason related to the ultimate attempt to collect unpaid Assessments; and (h) all fees and costs incurred in any foreclosure of a lien, securing lien rights, or providing for any notice of lien. This provision is to be construed broadly to permit an Association to recover any reasonable fees and costs in any way related to an Owner’s default in the payment of Assessments and the ultimate collection of those Assessments.
    • 9.9 Association Gains Title to Lot through Foreclosure. [Delete immoral and grasping subsection that would take a neighbor’s home for Association infractions, and probably during a family’s hardship. No Foreclosures in Silver Springs!] If the Association takes title to a Lot pursuant to a foreclosure (judicial or non-judicial), it shall not be bound by any of the provisions related to the Lot that are otherwise applicable to any other Owner, including, but not limited to, obligations to pay Assessments, taxes, insurance, or to maintain the Lot. By taking a security interest in any Lot governed by this Declaration, Lenders cannot make any claim against the Association for nonpayment of taxes, Assessments, or other costs and fees associated with any Lot if the Association takes title to a Lot related to any failure to pay Assessments.

    CCR Page 30

    ARTICLE 10 PROPERTY RIGHTS IN LOTS – EASEMENTS [DELETE ENTIRE ARTICLE 10]

    IF THE HOMEOWNERS VOTE TO PASS THESE DEMANDING,  POWER GRABBING CCRs  THEN EVERYTHING WITHIN THEM BECOMES BINDING UPON ALL THE HOMEOWNERS FOREVERMORE.   AMENDMENTS TO REMOVE INFRINGEMENTS ON OWNER RIGHTS ARE DIFFICULT TO PROCESS.   IF THERE IS ANYTHING IN THESE PAGES THAT YOU THINK IS UNFAIR, AN INFRINGEMENT, LIMITS YOUR USE AND ENJOYMENT OF YOUR PROPERTY, OR FOR ANY OTHER REASON SHOULD BE REMOVED ….TODAY…IS THE TIME TO SAY SOMETHING.

    10.1 Easements. [Delete all, easement language should remain as recorded on the plats.] The rights and duties of the owners of lots within the properties with respect to sanitary sewer and water, electricity, solar heating systems, gas, telephone and cable television lines and drainage facilities shall be governed by the following:

    (a) Wherever sanitary sewer connections and/or water connections or electricity, gas or telephone and Cable Television lines, solar heating systems, or drainage facilities are installed within the properties, which connections, lines or facilities, or any portion thereof lie in or upon lots owned by Association, or other than the owners of a lot served by said connections, the Association and the owners of any lot served by said connections, lines or facilities shall have the right, and are hereby granted an easement to the full extent necessary thereof, to enter upon the lots or to have utility companies or service companies enter upon the lots within the properties in or upon which said connections, lines or facilities, or any portion thereof, lie, to repair, replace 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, or drainage facilities 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 enjoyment of such portions of said connections as service his 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, drainage facilities, 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 to the Association, together with the right to grant and transfer the same for the use and benefit of the members of the Association. 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 of such Owner’s Lot.

    (d) Subject to the limitations herein as it relates to an Owner’s Lot, the Association shall have any and all easements showing on any applicable and recorded Plat and shall have easements as provided by law including an easement by necessity, limited in scope, for the sole purpose of access for any needed

    [11/5/2018 Town Hall agreement –Easement by necessity and “replacement” are to be deleted entirely from all parts of this document.]  maintenance, repair, or replacement of any part of the Underdrain System. [Delete: underdrains are not ratified or sanctioned by the Homeowners. They are temporary apparatus built on private property. There exists no title or ownership.  The State Water Engineers Office states that no party or entity in Silver Springs owns any water, shares, or permits to alter the flow or re-direct the course of any water.  There are stiff fines for altering flow or discharging flow from one area to another.  See 1977 Clean Water Act.  Mountain Regional Water District told me that Silver Springs and any administrative entity within its subdivisions does not own water or shares, they own only the land below and around the lakes and channels.  The 2004 Lakes Conveyance and Water Supply Agreement  conveys all the lakes water to The District (Mtn Reg. Water District 16). The water shares associated with these retention lakes was purchased in 2004 by the County District for $3.5 million dollars from Silver Springs Water Co. Bob Larsen.  Any water pumped out of the Lakes and discharged by the Association shall be metered and paid at established irrigation rates, and requires the District’s permission. The District had no knowledge that the Master Association was polluting the lakes water with algae and water plant obliteration chemicals or with blue dye. This practice will negatively affect the Swaner Nature Preserve downstream of the SS lakes. ]

    (e) If an easement area needs to be accessed by the Association, then no less than 24-hour notice by the Association of its intention to exercise the easement rights granted by this section shall be given to Owners.  [Delete, the board has no right of entry on private property without Owner permission and certainly not for unratified 40 year old drains that have no right from the State to alter flow or direction of ground water.]

    (f) Owner responsibility for maintenance of easement area shall be in accordance with Article 4, Section 4.1(f) as contained therein.

    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. [Delete. This is a county and individual owners prerogative that can be done, and has been done in SSSF with plat amendments.]

    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. [Delete. Not within the board’s purview.]

     

    CCR Page 31

     

    ARTICLE 11  USE LIMITATIONS AND CONDITIONS  [Delete entire Article 11 – Redundant. ARCH Standards are a separate document.]  [ARCHITECTURAL GUIDELINES– remove from CC&R’s. 21 Members request. ]

    • 11.1 Rules. The Association shall have authority to promulgate and enforce such reasonable 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 § 57-8a-218(15), the requirements of Utah Code § 57-8a-218 are hereby modified and do not apply to the Association.
    • 11.2 Architectural Guidelines. In addition to Rules the Association shall have the authority to establish Architectural Guidelines regulating subjects related to the exterior of the house or the property, including but not limited to: Holiday Decorations; Window Covers; External Laundering; Repairs of Equipment or Vehicles; Play and Recreational Equipment;
      • 11.3 Signs. The Board may adopt reasonable Rules restricting signs in the Neighborhood, as it relates to the time, place and manner of such signs and to the extent permitted by law. (a)
      • 11.4 Nuisance. No noxious or offensive activity shall be carried on within the Neighborhood, nor shall any activity that might be or become an annoyance or nuisance to the Owners or Occupants be permitted to interfere with their rights of quiet enjoyment, increase the rate of any insurance, or decrease the value of the Lots. No Owner or Occupant shall engage in activity within the Neighborhood in violation of any law, ordinance, statute, rule or regulation of any local, county, state or federal body.
      • 11.5 Temporary Structures. No structure or building of a temporary character shall be placed upon the Neighborhood, or used therein, unless it is approved by the ARC.
      • 11.6 Animals. Owners may only keep animals in accordance with city, county and state laws and ordinances. Owners may have up to a total of three (3) dogs and/or cats. Farm animals are prohibited. All dogs and cats must be contained or otherwise controlled at all times, within the Neighborhood, either within an Owner’s Lot or by leash when outside an Owner’s Lot. The Board may adopt additional Rules governing the animals in the Neighborhood, including but not limited to the behavior of animals, noise, digging, harming wildlife (birds and ducks) and barking limitations, animal registration and fees, and the responsibility of Owners, Occupants, and their guests and invitees for such animals while in the Neighborhood.
      • 11.7 Parking. The Board may establish Rules related to parking that may limit the parking of certain vehicles on Lots and in the Neighborhood, establish time periods for parking in certain locations including roads and Lots, allow or restrict parking on the roads in and near to the Neighborhood, and establish other reasonable rules related to parking in the Neighborhood. Until the Board establishes Rules related to parking, the following provisions shall apply: and agrees that there are no view easements or view rights appurtenant to the Lot or the Neighborhood.

    [HOAs Cannot Regulate Public Streets…Usually. SSSFHOA streets are County maintained. Homeowner property lines meet in the center of the roads. While an HOA can enforce parking rules on its private streets, violations on public streets are typically the realm of police officers. In SSSF our private streets belong to the Owners not to the Board or Association… However, some attorneys believe that the HOA may enforce parking restrictions contained in ratified governing documents.]

     

    CCR page 32

    • (a) Except for “Customary Parking,” “Temporary Parking,” and “Garage Parking” (as defined below), and parking permitted by the Board in writing, no vehicles of any type including, without limitation, cars, trucks, commercial trucks, motorcycles, motorhomes, trailers of any kind, campers, vans, recreational vehicles, aircraft, or boats (all referred to herein as “Vehicles”) shall be parked, stored, or located within any portion of the Neighborhood, including on any Lot.
    • (b) “Customary Parking” shall mean the parking of Customary Vehicles on the driveways and in the garage of a Lot.
    • (c) “Temporary Parking” shall mean parking in the driveway of the Lot of Temporary Vehicles for a period of not more than four (4) consecutive days and only for the purpose of actively loading, unloading, or cleaning of the vehicle. Temporary parking is not for the storage of a vehicle. The intent of this section is to prohibit storage, of any duration, of any type of RV or vehicle other than Customary Vehicles in the Neighborhood, other than as permitted in Garage Storage. The only time that any Recreational Vehicle may be in the Neighborhood, aside from being completely out of sight in a garage that is closed most of the time, is for the purposes of actively loading or unloading and/or cleaning. All such loading and unloading and cleaning must be conducted in a member’s garage or on their driveway. RVs may not be resided in, for any length of time, within the Neighborhood.
    • (d) “Garage Storage” shall mean the storage of any vehicle, including RVs, completely within any garage. Any vehicle may be stored or kept completely within any garage.
    • (e) Definitions. For the purpose of this Section: (1) “Customary Vehicles” shall mean cars, personal trucks or vans, and motorcycles used and/or operated by the Owner(s) as is customary for the non-commercial transportation needs of a household.
    • (2) “Temporary Vehicles” shall mean RVs, campers, boats, trailers, snowmobiles, 4-wheelers, golf carts, utility vehicles, motor homes, campers or recreational vehicles of any kind, delivery trucks, service vehicles, commercial trucks, and other commercial vehicles.
    • (3) “RV” includes without limitation, boats, trailers, motor homes, camper shells, campers, or other similar vehicles equipped with living space used primarily for leisure activities such as vacations and camping.
    • 11.8 Unsightly Items and Conditions. (a) Unless otherwise provided in the Rules, Garbage and recycle containers may only be stored where they are not readily visible from any public street or road. [Past boards have approved short fencing in the front of some homes to “hide” the bins from view.  See Lots 18, 39, 173, and others.  Inconsistent application of rules creates contention and some Owners are fined while others are not.]
    • (b) Unless otherwise provided for in the Rules, firewood may only be stored if it is stacked safely and neatly so as not to be unsightly.
    • (c) No unsightly items or conditions shall be permitted within the Neighborhood. The Board may provide more detail of what is considered unsightly in the Rules.

    CCR page 33

    • (d) Unless otherwise provided in the Rules, No vehicle, boat, or equipment shall be constructed, reconstructed, repaired, or stored within the Neighborhood, unless within a completely enclosed garage or for work of a minor nature completed in a driveway in less than twenty-four (24) hours.
    • (e) Owners shall maintain their landscaping in a good and pleasing condition so as to not detract from the community. Owner responsibilities shall include, but not be limited to: weed control, proper trimming and watering of landscaping; and the removal of dead or damaged landscaping.
    • 9 Fences. No fencing of any kind is permitted in the front yard from the front façade of the primary structure to the road. Corner lots are considered as two (2) front yards and fencing shall not exceed the front line of either road-facing façade. Further restrictions on fencing shall be allowed in the Architectural Guidelines. The Board shall have discretion to determine the appropriate points for measurement in case of any ambiguity in the application of this section with a particular Lot or structure. Fences may not exceed six (6) feet in height, shall comply with the Architectural Guidelines, and shall only be constructed with prior approval of the ARC.
    • 10 Recreational Courts. Sports courts and tennis courts are prohibited without prior written approval by the ARC.
    • 11 Clotheslines. Clotheslines are permitted if they are not visible from any road.
    • 12 Household Items and Equipment. Equipment used for normal Lot maintenance, including but not limited to: lawnmowers, leaf blowers, and snow blowers, shall be stored out of sight.
    • 13 Solar Panels. Solar panels may be installed by an Owner only in accordance with and consistent with Utah Law as it may be amended from time to time. The Association may establish a procedure whereby Owners shall submit a plan for installation of solar panels for review by the Board and/or Architectural Committee prior to installation.
    • 14 Legal Changes to Lots. No Lot shall be split, subdivided, or combined without the approval of: (a) the Association; (b) Summit County; (c) thirty percent (30%) of the Owners as evidenced by signatures on a consent form describing the proposed combination; and (d) approval of all of the Owners of Lots with any boundary within two hundred (200) feet of any proposed modification to Lots. Any combination of Lots shall not reduce the overall Assessments for those Lots. Any division of Lots must require each Owner of the new Lots to pay an equal undivided interest the same as all other Lots. No subdivision Plat or covenants, conditions, or restrictions shall be recorded with respect to any one Lot. No subdivision Plat or covenants, conditions, or restrictions related to any Lot or the Neighborhood shall be recorded on the Neighborhood unless the Board and/or Owners (as required in this Declaration) have first approved the Plat or the proposed covenants, conditions, or restrictions. No Lot may be subjected to a timeshare interest, estate, or structure or removed or separated from the Neighborhood or Property. Any document, Plat covenants, conditions, or restrictions recorded in violation of this

    CCR page 34

    • Section shall be null, void, and of no legal effect.
      • 15 Residential Occupancy. (a) No trade or business may be conducted in or from any Lot unless: (1) The existence or operation of the business activity is not apparent or detectable by sight, sound, or smell, from outside the Lot;
      • (2) The business activity conforms to all zoning and other legal requirements;
      • (3) The business activity does not cause an unreasonable increase in the amount of vehicular traffic or parking in the Neighborhood.
      • (4) The business activity is consistent with the residential character of the Neighborhood and does not constitute a nuisance, hazardous use, offensive use, or threaten the security or safety of other Owners or Occupants of the Neighborhood;
      • (5) The business activity does not involve the solicitation by any means of Occupants or Owners in the Neighborhood; or
        • (6) The Owner of the Lot resides in the home in which the business activity is proposed for the entire time any business activity is conducted; and (i). The Board’s ongoing requests for information related to the business as necessary to determine compliance with this paragraph are responded to fully and completel
        • (b) No Lots may be used as fractional ownership or time-share property.
        • (c) Except as provided in Section 11.19(a), no Lot may be used for any purpose other than a residential purpose.
        • 11.16 Variances. The Board may grant variances from the Terms and Conditions set forth in this Article 11 if the Board determines by unanimous vote (of a Board of at least five (5) voting members): (a) either (1) that the Terms and Conditions would create an unreasonable hardship or burden on an Owner or Occupant, or (2) that a change of circumstances since the recordation of this Declaration has rendered such Term and Condition obsolete and unreasonable to enforce; and (b) that the activity permitted under the variance will not have any financial effect or any other substantial adverse effect on the Owners or Occupants of the Neighborhood, and is consistent with the high quality of life intended for residents of the Neighborhood. The Board, prior to the granting of any such variance, shall notify in writing to the Owner of each lot with a boundary within two hundred (200) feet of the Lot in which the variance would apply, and request comments concerning the variance from each such Owner either in writing or by their presence at a meeting in which the variance is to be discussed. Such notice shall include a description of the proposed variance. Any such variance shall be unenforceable, and without any effect whatsoever, unless reduced to writing and signed by every member of the then existing Board.
        • 17 Effect on Insurance and Violation of Law. Except with the prior written consent of the Board, nothing shall be done to or kept in the Neighborhood that: (a) might result in the

    35

     

     

    • cancellation of any insurance policy on any portion of the Neighborhood; (b) might increase the rate of any such insurance policies; or (c) violates any statute, rule, ordinance, regulation, permit, or other requirement of any governmental body.
    • DELETE18 Landscape Restrictions. The Board may adopt Rules related to Landscaping including restrictions and requirements. In addition, Owners of Lakeview Lots may need the approval of the Master Association for landscaping that may encroach upon the Shoreline Property.
      • 19 Hazardous Substances. (a) The Owners shall comply with applicable Environmental Laws (as defined below) and shall not cause or permit the dangerous or illegal presence, use, disposal, storage, or release of any Hazardous Substances (as defined below), on or within the Neighborhood.
      • (b) Each Owner shall indemnify, defend and hold the Association and each and every other Owner harmless from and against any and all claims and proceedings (whether brought by private party or governmental agency) for bodily injury, property damage, abatement or remediation, environmental damage or impairment, or any other injury or damage resulting from or relating to any Hazardous Substances located under, upon, or migrating into, under, from or through the Neighborhood, which the Association or the other Owners may incur due to the actions or omissions of an indemnifying Owner. The foregoing indemnity shall apply: (1) when the release of the Hazardous Substances was caused by an indemnifying Owner or an Occupant; and (2) whether or not the alleged liability is attributable to the handling, storage, generation, transportation or disposal of Hazardous Substances on the Neighborhood. The obligations of each Owner under this Section shall survive any subsequent transfers of the Lot (voluntary or otherwise).
      • (c) As used in this Section, “Hazardous Substances” are those substances defined as a toxic or hazardous substance by Environmental Law to include the following substances; gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this Section, “Environmental Law” means federal laws and laws of the jurisdiction where the Neighborhood is located that relate to health, safety and/or environmental protection.
    • [*section 20.4, and section 20.5, 20.5 (b) : rentals — I would like all of this to be deleted.]
      • 1 Insurance Requirement. The Association shall obtain insurance as required in this Declaration and as required by applicable law. The Association may obtain insurance that provides more or additional coverage than the insurance required in this Declaration. Different policies may be obtained from different insurance carriers and standalone policies may be purchased instead of, or in addition to, embedded policies, included coverage, or endorsements to other policies.

     

    ARTICLE 12 INSURANCE   [DELETE – this HOA does not own any property]

    • 2 Property Insurance. To the extent that any structure that is normally insured under a property insurance policy is the Association’s obligation to maintain, the Association shall maintain a policy of property insurance covering the structure or facility, including all improvements, service equipment and fixtures thereon. The Board may use its discretion, to the extent allowed under the law, in consultation with the Association’s insurance agent, in determining the amount of coverage provided by the property insurance policy. (a) Earthquake and Flood Insurance. The Association may purchase earthquake and flood insurance as the Board deems appropriate related to the Property insured by the Association.
    • [DELETE] 12.3 Comprehensive General Liability (CGL) Insurance. For so long as the Association has maintenance responsibilities, the Association shall obtain CGL insurance insuring the Association, the agents and employees of the Association, and the Owners, against liability incident to the use, repair, replacement, maintenance, and the Owners’ membership in the Association, if 36 possible. The coverage limits under such policy shall not be less than two million dollars ($2,000,000) covering all claims for death of or injury to any one Person or property damage in any single occurrence. Such insurance shall contain a Severability of Interest Endorsement, or equivalent coverage, which would preclude the insurer from denying the claim of an Owner because of the negligent acts of the Association or another Owner.
    • 4 Directors TRUSTEES and Officers Insurance. For so long as anyone serves on the Board, the Association shall obtain Directors’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 adequate reserves, failure to maintain books and records, failure to enforce the Governing Documents, and breach of contract. 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.
    • 4. Version 18 available in mid-November 2018 as the Final Draft that is to be voted on by the Homeowners does not even show this fundamental correction, from “Directors” to “Trustees”.  The difference between these two titles is very important to recognize.  No Owner input was incorporated into V.18 that we can see.
      • DELETE5 Workers’ Compensation Insurance. If the Association has any employees, the Board shall purchase and maintain in effect Workers’ Compensation Insurance for all employees, if any, of the Association to the extent that such insurance is required by law, and may purchase Workers Compensation Insurance even if the Association has no employees, as the Board deems appropriate.
      • 6 Certificates. Any insurer that has issued an insurance policy to the Association shall issue a Certificate of Insurance to the Association and upon written request, to any Owner or Lender.
      • 7 Named Insured. The Named Insured under any policy of insurance shall be the Association. Each Owner shall also be a Named Insured under all property and CGL insurance policies.

    37

    • 8 Association’s Right to Negotiate All Claims and Losses and Receive Proceeds . Insurance proceeds for a loss under the Association’s property insurance policy shall be payable to the Association, and shall not be payable to a holder of a security interest. Insurance proceeds shall be disbursed first for the repair or restoration of the damaged Property, if the Property is to be repaired and restored as provided for in this Declaration. After any repair or restoration is complete and if the damaged Property has been completely repaired or restored, any remaining proceeds shall be retained by the Association. If the Property is not to be repaired or restored, then any proceeds remaining after such action as is necessary related to the Property has been paid for, shall be retained by the Association.
    • 9 Owner Act Cannot Void Coverage under any Policy. Unless an Owner is acting within the scope of the Owner’s authority on behalf of the Association, and under direct authorization of the Association to terminate an insurance policy, an Owner’s act or omission may not void an insurance policy or be a condition to recovery under a policy.
    • 10 Waiver of Subrogation against Owners and the Association. All property and CGL policies must contain a waiver of subrogation by the insurer as to any claims against the Association, the Owners, any Person residing with an Owner who resides in the Lot, and the Association’s agents and employees.
    • 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.
    • 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.
    • 1. Required Vote. Except as otherwise provided in Article 13, the Association may be terminated only by the approval of Owners holding one hundred percent (100%) [SSSFHOA 2008 Articles of Incorporation require only 51% Owner approval for Dissolution of Association] of the Allocated Interests.
    • 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 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

     

    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

    14.2  Termination Agreement. [https://le.utah.gov/xcode/Title57/Chapter8a/C57-8a_1800010118000101.pdf]  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 Owners.  The termination agreement shall specify a date after which the 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.

    [see SSSFHOA 2008 Articles of Incorporation:  Article II:  DURATION OF CORPORATION:  The corporation shall have perpetual existence unless dissolved or terminated according to law, and according to the desires and requirements of the 51% majority vote of the Silver Springs Single Family Homeowners. ]

     

    ARTICLE 15 AMENDMENTS.

    15.1. General Amendment Requirements. Except as otherwise provided herein, this Declaration may be amended or fully restated  [or terminated entirely and replaced by a clean slate, fresh documents without ties to the Developers Declarations and Amendments] by the affirmative vote of Owners holding Allocated Interests totaling not less than fifty percent (50%) of the total Allocated Interest [see 2008 Articles of Incorporation 51%]. The vote must occur in a meeting of the Owners held for that purpose. The 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.

    • 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.
    • 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.
    • 4. Changes to Plats or Boundaries of the Association. Plat map amendments are only permitted as provided by county ordinance or applicable state law.
    • 5. Amendment to Conform to Law. The Board may, without the approval of the Owners, amend this Declaration to conform the Declaration 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. This procedure may also be used to change the Declaration to add or conform to any requirements necessary for Owners to obtain government insured or guaranteed financing such as through VA, FHA, FNMA or similar programs, or to comply with any directive of any federal, state, or local government agency. The following procedures and requirements must be complied with for any such amendment:
    • (a) The Association must obtain from an attorney who has significant experience and a regular practice in the area of community association law, a written opinion explaining in detail and opining that the proposed amendment may be sought pursuant to this section.
    • (b) The members of the Board must unanimously agree to the Amendment at the time it is recorded.
    • (c) 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 or the provisions that must be complied with to

     

    ARTICLE 15 AMENDMENTS 39

    • permit owners to obtain financing; (4) the attorney opinion letter required for the amendment; and (5) a notice in which the Association (i) notifies the Owner that it intends to amend the Declaration pursuant to this Section, (ii) provides the Owner a right to object to the amendment within thirty (30) days, and (iii) provides instructions on how, when, and where to properly return the objection. 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, no more than thirty percent (30%) of the Owners have objected to the amendment. If more than thirty percent (30%) 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 no more than thirty percent (30%) of the Owners objected after having received proper notice. The amendment shall be effective upon the recording of the instrument in the office of the Recorder of Summit County, Utah.
    • 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.
    • 2. Conflicting Provisions. In the case of any conflict between the Governing Documents, the order of priority from the highest to the lowest shall be the Declaration, the Plat, the Articles, the Bylaws, and then the Rules.
    • 3. Interpretation of Declaration and Applicability of the Act. The Association intends that the Neighborhood shall be governed by the Act, 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 Act.
    • 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.

     

    ARTICLE 16 INTERPRETATION, CONSTRUCTION, AND APPLICATION OF DECLARATION 40

     

     

    • 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.
    • 6. Construction. The provisions of this Declaration shall be liberally 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.
    • 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.
    • 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.
    • 9. Effect of Declaration. This Declaration is made for the purposes set forth in the recitals in this Declaration, 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, 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.
    • 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, which shall be effective upon delivery.
    • (ii) By a written notice placed in the first-class, U. S. mail, postage prepaid, to the most recent address furnished by such Owner in writing to the Association for the purpose of giving notice, or if no such address shall have been furnished, then to the street address of

     

    ARTICLE 17
    NOTICE

     

    [The SSSFHOA Board, using the 1982 Developers’ HOA name: Silver Springs Homeowners Association aka SSHOA, created the document, Silver Springs Homeowner’s Association Resolution of the Board of Directors Electronic Notice, Transactions and Voting – Signed by Edward Robertshaw and Polly Reynolds on June 6, 2018 – it includes time-sensitive  instructions to the Homeowners who were never notified of this document’s existence.  This document is not mentioned in the SSSFHOA June 19, 2018 Minutes nor any other Minutes on the board website. This document is another example of the board giving itself too much power. Questionable, furtive, actions by the board remove Homeowners trust in them and in these CCRs.]

    • Notice 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:

     

    • Notice to an Owner from the Associa

     

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

     

    • By a written notice delivered personally to the Owner, which shall be effective upon delivery.

     

    • By a written notice placed in the first-class, U. S. mail, postage prepaid, to the most recent address furnished by such Owner in writing to the Association for the purpose of giving notice, or if no such address shall have been furnished, then to the street address of such Owner’s L Any notice so deposited in the mail shall be deemed effective when received, or five (5) days after such deposit.

     

    • By written email correspondence to an Owner: (A) that is sent to an email address provided by the Owner for the purpose of Association communications or (B) that is emailed to an email address from which the Owner has communicated relating to Association matters, and so long as no indication is received that the email may not have been delivere Any notice sent by email shall be deemed effective when received, or five (5) days after it is sent.

     

    • By facsimile (whether to a machine or to an electronic receiving lot) to an Owner that is sent to a facsimile number provided by the Owner for the purpose of Association communications, and so long as no indication is received that the facsimile may not have

     

    41

     

     

    been delivered. Any notice sent by facsimile shall be deemed effective when received, or five (5) days after it is sent.

     

    • By text message to a phone number provided by the Owner for the purpose of Association communications; or a phone number from which the Owner has communicated related to Association matters, and so long as no indication is received that the text message may not have been delivere Unless otherwise provided by law, any notice sent by text message shall be deemed effective when received or five (5) days after it is sent.

     

    • By any other method that is fair and reasonable as provided for in the Act or otherwise provided for by law.

     

    • Notwithstanding Subsection (1) of this section, the Association shall send all notices by first-class, S. Mail if an Owner, by written demand, demands that the Association send all notices by mail.

     

    • In the case of co-Owners, notice to one of the co-Owners is effective as notice to all such co-Owne The Association shall not be required to give more than one notice per Lot, whether electronic or not. In case any two co-Owners send conflicting notice demands, notice shall be proper if mailed by first-class mail to the Lot.

     

    • In the case where posting of a notice on the Lot is permitted, such posting is effective when posted on the front or primary access door to the Lot, and any such posting may be removed by the Association the sooner of either (i) two (2) days after the event or action for which notice was given; or (ii) ten (10) days after the posting.

     

    • Special Notice Prior to Association Entry into a

     

    • The Association may enter a Lot as provided for in this Declara Entry into a Lot does not allow entry into a home or structure on the Lot and the Association shall have no right to enter any home or structure on the Lot absent permission of the Owner, a court order, or some other legal basis.

     

    • In case of an emergency or condition requiring immediate entry in a Lot, as determined by the sole discretion of the Board or its authorized agent, before entering a Lot, the Association shall: (i) knock on the door and attempt to obtain permission to enter from an Occupant or Owner in the Lot; (ii) if no one answers the knocking, loudly identify who is knocking and state that the Person identified is going to enter the Lot on behalf of the Association, then wait one (1) minute; and (iii) where practicable under the circumstances, attempt to call the Owner or any Occupant prior to entry to inform them of the entry.

     

    • If the Association enters a Lot for any purpose permitted in this Declaration other than those identified in the prior paragraph, before entering a Lot, the Association shall:

     

    42

     

     

    • Give notice to the Owner that an entry is required at least two (2) weeks in advance with such notice stating: (A) that the Association or its authorized Persons will enter the Lot; (B) the date and time of the entry; (C) the purpose of entering the Lot; (D) a statement that the Owner or Occupant can be present during the time the Association is in the Lot; (E) the full names of any Person who will be entering into the Lot, and the phone numbers and addresses of the Persons entering the Lot, or of the company for whom the Persons entering the Lot are employed for the purpose of entering the Lot; and (F) any other information the Association deems appropriate to include; and

     

    • Post the written notice described above on the front door to the Lot at least seven (7) days prior to entry into the L

     

    • Notice to a Lender Notice to a Lender shall be delivered by first-class, U. S. mail, postage prepaid, to the most recent address furnished by such Lender in writing to the Association for the purpose of notice or, if no such address shall have been furnished, to any office of the Lender. Any address for a Lender that is found on a document recorded on the title of a Lot shall be deemed an office of the Lender. Any notice so deposited in the mail shall be deemed effective five (5) days after such deposit.

     

    • 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:
      • By a written notice delivered personally to the Manager, which shall be effective upon delivery.

     

    • By a written notice placed in first-class, U. S. mail, postage prepaid, to the current registered business address of the Assoc Any notice so deposited in the mail shall be deemed effective when received, or five (5) days after such deposit.

     

    • 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 rece Any notice sent by email shall be deemed effective the sooner of when received, or five (5) days after it is sent.

     

    [This section and others contain 7 or 8 levels for the explanation of hierarchal organization for Notices.  Too convoluted for an HOA like ours.  SIMPLIFY.]

     

    43

    ARTICLE 18
    ATTORNEYS’ FEES AND COSTS

    18.1 Legal Costs Associated with Disputes with Owners.  [DELETE Since this is already law, Article 18 in its entirety should not be repeated within this document.]

    ARTICLE 18 RENAME AS:  DISPUTES:
    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;

    [On Thu, 8 Nov at 7:50 PM , Member wrote:
    Delete.  People are entitled to fair representation and compensation.  As this is currently written, it does not allow anyone in our community to question or get compensation for wrongdoing by this board. This is an obvious push by the underdrain committee to get their agenda passed without question or explanation.  The HOA deserves better than this. DELETE.]
     

    [Underdrain Committee has had the same member(s) for over a decade, conflict of interest has always existed for its member(s).  Limit all committee membership to one year.  See SSSFHOA Conflict of Interest Policy Statement.]

    (a) Owners Liable for Fees Incurred in Dispute. If the Association utilizes legal counsel to enforce any Term and Condition after notice to the Owner that it intends to enforce the Term and Condition, or after the Owner communicates or demonstrates an intent not to comply with the Term and Condition, the Association may assess all reasonable attorneys’ fees and costs associated with such enforcement to the Owner, regardless of whether a lawsuit is initiated or not. If the Association utilizes legal counsel in the course of any dispute with an Owner arising out of or related to this Declaration, arising out of or related to the Owner’s membership interest, or arising out of or related to the Owner’s ownership of a Lot, the Association may assess all reasonable attorneys’ fees.
    (b) Costs. The term “costs” as used in this section shall include all costs including copying costs, deposition costs, expert witness fees, investigative costs, lien and recording costs, service costs, and filing fees paid to courts. “Costs” is specifically defined in this Declaration to be broader, and to include costs that are not already included, as the term is used in the Utah Rules of Civil Procedure.

    [When a lawsuit is filed to enforce a HOA’s governing documents (i.e., to enforce upon a Member/Owner a provision of the HOA’s CC&Rs), the “prevailing party” in the lawsuit is entitled to an award of its attorney’s fees and costs. This attorney’s fees provision of the legal act “reflects a legislative intent that [the prevailing party] receive attorney fees as a matter of right (and that the trial court is therefore obligated to award attorney fees)” to the prevailing party.]

    • (c) Exception to Owners’ Liability for Fees and Costs. If, related to: (1) any 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 incurs 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 on 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. [From 2006 to 2018 Legal Fees accrued by the various boards is $128,565.77, from what we can tell, this was for six or seven attorneys for their “opinions” on the underdrains. Expenditures for work on the unratified, unowned underdrains adds up to $77, 602.10.]
    • [Mediation and arbitration are two methods of resolving disputes without going to court.  Findings can be used if ultimately the parties do go to court. Arbitration is similar to court in that an arbitrator (rather than a judge) listens to evidence and makes a decision. Unlike court, the parties (rather than the state) select and pay the arbitrator. However, if you are unhappy with the arbitrator’s decision, you have little recourse. Generally, you cannot appeal am arbiter’s award except under limited circumstances. Over the past few years, arbitration has become somewhat disfavored in some areas of law because many believe it does not save time or money, and arbitrators are reputed to “split the baby” rather than strictly apply the law.On the other hand, in mediation the parties hire a mediator to help the parties reach a mutually acceptable solution. The mediator does not make a decision. The mediator helps the parties find a solution both can agree upon. After the case is settled, the parties enter into and sign an agreement, and neither side can or needs to appeal because they have agreed. Mediation is favored in most lawsuits, but community association cases are particularly good cases to mediate because often fostering good relations or expediting settlement is more important than winning in court.]

    ARTICLE 19 RESERVES [I have read and been told that all reserves must be ratified by the vote of the Homeowners.  Placing them within these CCRs is deemed as being ratification of everything contained in these CCRs.  DELETE  Article 19 and any other Article that presupposes and creates the mechanism whereby the Homeowners unintentionally accept the underdrains and reserves under the auspices of their HOMEOWNERS Association, and under their individual responsibility, and for that matter, under most other conditions.]

    • 1 Requirement for Reserves. [DELETE]The Association shall obtain a reserve analysis and maintain a reserve fund for the maintenance, repair, and replacement of portions of the Underdrain [Not under the auspices of our HOMEOWNER HOA, underdrains to remain and be even more separate from our Association. They are not utilities nor distributed to 100% of our Property owners.
    • ]

    System pursuant to the following provisions: (a) Collection. Reserve funds may be collected as part of regular or Special Assessments.

    • (b) Amount. In formulating the Association’s yearly budget, the Association shall include a reserve fund line item in an amount the Board determines, based on the reserve analysis, to be prudent. A reserve fund line item means the line item in the Association’s annual budget that identifies the amount to be placed into the reserve fund.
    • (c) Owner Veto. Within forty-five (45) days after the date on which the Association adopts the annual budget, the Owners may veto the reserve fund line item by a fifty-one percent (51%) vote of the allocated voting interests in the Association at a special meeting called by the Owners for the purpose of voting whether to veto
    • 44
    • a reserve fund line item. If the Owners veto a reserve fund line item and a reserve fund line item exists in a previously approved annual budget of the Association that was not vetoed, the Association shall fund the reserve account in accordance with that prior reserve fund line item.
    • (d) Surplus Monies Applied to Reserves. The Association may retain surplus Association money as additional reserves.
    • (e) Segregation of Reserves. The Association shall segregate money held for reserves from regular operating and other accounts. (f) Reserve Analysis. The Association shall cause a reserve analysis with an onsite evaluation to be conducted no less frequently than every six (6) years. The Association shall review and, if necessary, update a previously conducted reserve analysis no less frequently than every three (3) years. The reserve analysis shall include, at a minimum a list of the components identified in the reserve analysis that will reasonably require reserve funds, and a reserve funding plan that recommends how the Association may fund the annual contribution set forth in
    • the reserve analysis. The reserve analysis and updates shall project a minimum of six (6) years into the future.
    • (g) Qualifications for Person Preparing Reserve Analysis. The reserve analysis report shall be prepared by a Person or Persons with (1) experience in current building and engineering technologies related to the underdrain system; (2) a solid working knowledge of building-cost estimating and life-cycle costing for the underdrain facilities; and (3) the tools and knowledge to prepare a report. Preferably, one of the Persons preparing the reserve study will have the RS (Reserve Specialist) designation available through the Community Association Institute (CAI), the PRA (Professional Reserve Analyst) designation offered through the Association of Professional Reserve Analysts (APRA), or other designations by similar associations establishing that the Person has some formal training related to preparing a reserve analysis.
    • (h) Summary and Copies of Reserve Analysis. The Association shall annually provide Owners a summary of the most recent reserve analysis or update by posting it to the Association’s website. The Association shall provide a copy of the complete reserve analysis or update to an Owner who requests a copy.

     

    ARTICLE 20 LEASING AND NON-OWNER OCCUPANCY [DELETE and use the 2014 State S.B.147 Rental Code] 

    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.

    [What are the benefits and pitfalls of short-term rentals by our growing number of “snowbird” Owners. There is to be examination of current recorded documents regarding rentals (30 day, 90 day,1 year+, etc).  SouthShore allows Air BnB shorter rental times. As a ski destination Park City and vicinity is considered a prime short term rental community.  See Air BnB- UtahShort-term and nightly rentals require a County business license.]

    [*section 20.4, and section 20.5, 20.5 (b) : rentals — I would like all of this to be deleted.]

    [Summit County, Utah Entry 244975, Book 370, Pages 267-275
    1985 Amendment to Amended Declaration of Covenants,
    Conditions, and Restrictions  posted at:

    https://www.silverspringscommunity.com/wp-content/uploads/1985-ss-ccrs-amendment.pdf

    (a) No Lot shall be used except for single family residential purposes. No
    buildings shall be erected, altered, placed or permitted to remain on any Lot
    other than one detached single family dwelling not to exceed two stories in
    height , except as may be designated on the Silver Spring Master Plan. No
    timeshares, nightly rental, or use for any period less than thirty (30) days  will be allowed on any single family residential lot.
    DATED this 31st day of October, 1985]

    CCR page 45

     

    20.4 Permitted Rules. The Board of Directors 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, 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. [DELETE and use the 2014 State S.B.147 Rental Code]

    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 at least one (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 and content;

    (c) A Non-Owner Occupant may not occupy any Dwelling for transient, short-term (less than one (1) year), hotel, resort, vacation, or seasonal use (whether for pay or not) (this is intended to specifically prohibit any Non-Owner Occupancy of less than one (1) year through services and listing such as VRBO, Airbnb, Homeaway, VacationRentals, Flipkey, Wimdu, House Trip, and similar services); and

    (d) A Non-Owner Occupancy guest of an Owner may occupy a unit for a short term, once per year so long as no compensation is paid to the Owner, 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 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.

    CCR page 46

     

    20.7 Joint and Several Liability 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 detainer 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.

    CCR page 47

    ARTICLE 21 GENERAL PROVISIONS
    Owners shall be held harmless and indemnified by the Association should a claim arise against the Owner for harm to the
    Underdrain System and facilities caused by the Owner or Occupant’s ordinary negligence or unintentional acts. [Conflicts with other sections and subsections.]

    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: (a) such injury, damage, or claim is covered and defended by the Association’s or such other Owner’s liability insurance carrier; or (b) the injury or damage occurred by reason of the intentional act of the Association.

    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 shall be liable to the remaining Owners and to the Association for any damage to the Underdrain System and Facilities that may be sustained by reason of an intentional act that Owner or any intentional act of any Occupant of that Owner’s Dwelling, to the extent such losses and damages are either under the Deductible of the Association or not covered by the Association’s insurance.

    21.5 Consent, Power of Attorney, Waiver. By acceptance of a deed, lease, or other conveyance of an interest in a Lot, each Owner or Occupant consents to the rights reserved to the Association in this Declaration, including, but not limited to, the right to prepare, execute, file, process, and record necessary and appropriate documents and other items to establish and grant easements, and to make necessary and appropriate amendments of this Declaration, the Plat and the Bylaws. By such acceptance, each Owner or Occupant agrees to execute all documents and to do all other things as may be necessary or convenient to affect the same. Such acceptance shall be deemed an appointment of the Association, with full right of substitution, as the attorney-in-fact of such Owner or Occupant to execute such documents, and to do such things on such Owner’s or Occupant’s behalf. Further, such appointment, being coupled with an interest, shall be irrevocable for the specific period of the Association’s reserved rights as set forth in this Declaration, and shall not be affected by the disability of any such Owner or Occupant.

    21.6 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 reason of 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 such as that of a landlord or retail business. 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.

    21.7 Reasonable Accommodations. Notwithstanding anything to the contrary in this Declaration, the Association, upon receipt of a written opinion from its counsel 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.

    21.8 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

     

    CCR page 48

     

     

    REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, RELATIVE TO THE NEIGHBORHOOD.

     

     

    IN WITNESS WHEREOF, the Association has executed this Declaration.  [V.17]

    DATED this ____ day of _______________, 2018.

    SILVER SPRINGS SINGLE FAMILY

    HOME OWNERS ASSOCIATION

    By:_________________________

    Name:_______________________ Its [Title]:____________________

    STATE OF UTAH )

    )ss.

    COUNTY OF SALT LAKE )

    The foregoing instrument was acknowledged before me this ___ day of _____________, 2018, by __________________________.

    _____________________________

    Notary Public

    CCR page 49

     

     

    [Thanks Lucy, your letter is very informative and well written.

    Thanks again for your hard work and outreach to everyone on this contentious issue.

    Grant Hedges.]


    END OF SSSFHOA CCR DRAFT V.17



     

     

     

     

    Parker Jones/Robertshaw logo for board; March 2018

    • Do you approve/like this logo? Zero members say they like this logo
    • -too juvenile; -doesn’t represent our neighborhood; – tiny bit childish; -ugh!

     

     

    _________________________________________________________________

    EXHIBIT “A” BYLAWS  [Should not be included in the CCRs as an Exhibit and preferably not together following the CCRs as part of the Declaration.  Bylaws are the Rules the Board has to follow.  Most of the HOA Amendments, since 1985 when the SSSFHOA was established, have been to the Bylaws. ]

    BYLAWS FOR

    THE SILVER SPRINGS SINGLE FAMILY HOME OWNERS ASSOCIATION 

    An HOA is governed by a board of trustees who in turn are governed by a set of rules called Bylaws.
    The Bylaws govern how the HOA operates and contain the information needed to run the HOA for the benefit of the Owners.
    For example, the bylaws cover matters such as:

    • how often the HOA holds meetings
    • how the meetings are conducted
    • the duties of the various offices of the board of directors
    • how many people are on the board, and

    TABLE OF CONTENTS

    ARTICLE I: DEFINITIONS ……………………………………………………………………………………………. 1

    1.1 Definitions…………………………………………………………………………………………………………… 1

    1.2 Notice …………………………………………………………………………………………………………………. 1

    ARTICLE II: ANNUAL AND SPECIAL MEETINGS ……………………………………………………….. 1

    2.1 Annual Meetings ………………………………………………………………………………………………….. 1

    2.2 Special Meetings ………………………………………………………………………………………………….. 2

    2.3 Place of Meetings …………………………………………………………………………………………………. 2

    2.4 Notice of Meetings ……………………………………………………………………………………………….. 2

    2.5 Owners of Record ………………………………………………………………………………………………… 2

    2.6 Quorum ………………………………………………………………………………………………………………. 2

    2.7 Proxies………………………………………………………………………………………………………………… 3

    2.8 Votes ………………………………………………………………………………………………………………….. 3

    2.9 Ballots and Written Consent ………………………………………………………………………………….. 3

    2.10 Minutes of Meetings …………………………………………………………………………………………….. 3

    ARTICLE III: HOMEOWNERS ASSOCIATION BOARD ………………………………………………… 3

    3.1 Number, Qualifications, Term, and Election ……………………………………………………………. 3

    3.2 Meetings ……………………………………………………………………………………………………………… 4

    3.3 Informal Action, and Action by Board Members without a Meeting …………………………… 6

    3.4 Compensation ……………………………………………………………………………………………………… 7

    3.5 Resignation and Removal ……………………………………………………………………………………… 7

    3.6 Vacancies ……………………………………………………………………………………………………………. 8

    ARTICLE IV: OFFICERS……………………………………………………………………………………………….. 8

    4.1 Officers ………………………………………………………………………………………………………………. 8 ii
    4.2 Election, Term, and Qualifications …………………………………………………………………………. 8

    4.3 Subordinate Officers …………………………………………………………………………………………….. 8

    4.4 Resignation and Removal ……………………………………………………………………………………… 8

    4.5 Vacancies and Newly Created Offices ……………………………………………………………………. 8

    4.6 The President ………………………………………………………………………………………………………. 8

    4.7 The Vice President ……………………………………………………………………………………………….. 9

    4.8 The Secretary ………………………………………………………………………………………………………. 9

    4.9 The Treasurer ………………………………………………………………………………………………………. 9

    4.10 Compensation ……………………………………………………………………………………………………… 9

    ARTICLE V: SUBCOMMITTEES …………………………………………………………………………………… 9

    5.1 Designation of Subcommittees ………………………………………………………………………………. 9

    5.2 Proceedings of Subcommittees …………………………………………………………………………….. 10

    ARTICLE VI: INDEMNIFICATION ……………………………………………………………………………… 10

    6.1 Indemnification ………………………………………………………………………………………………….. 10

    6.2 Other Indemnification …………………………………………………………………………………………. 10

    6.3 Settlement by Association……………………………………………………………………………………. 10

    ARTICLE VII: AMENDMENTS ……………………………………………………………………………………. 11

    7.1 Amendments ……………………………………………………………………………………………………… 11

    7.2 Execution of Amendments …………………………………………………………………………………… 11

    ARTICLE VIII: WAIVER OF IRREGULARITIES ………………………………………………………….. 11

    8.1 Waiver of Procedural Irregularities ………………………………………………………………………. 11

    8.2 Requirements for Objections ……………………………………………………………………………….. 11

    8.3 Irregularities that Cannot Be Waived ……………………………………………………………………. 11 1

     

    BYLAWS SHOULD NOT BE INCLUDED AS PART OF THE CCRS

    BYLAWS OF THE SILVER SPRINGS SINGLE FAMILY HOME OWNERS ASSOCIATION

    (FORMERLY KNOWN AS [Developers’ SSHOA] SILVER SPRINGS DEVELOPMENT SUBDIVISIONS)

    [SSHOA was separated from the SSSFHOA within the 2008 Articles of Incorporation]

    These Bylaws are hereby adopted and established as The Bylaws of The Silver Springs Single
    Family Home Owners Association (the “Association”). These Bylaws and any amendments thereto shall apply to the Association upon their recording and shall bind all present and/or future Owners and Occupants.

    BYLAWS  ARTICLE I: DEFINITIONS

    (FORMERLY KNOWN AS [Developers’ SSHOA] SILVER SPRINGS DEVELOPMENT SUBDIVISIONS) [SSHOA was separated from the SSSFHOA within the Articles of Incorporation]

    These Bylaws are hereby adopted and established as The Bylaws of The Silver Springs Single
    Family Home Owners Association (the “Association”). These Bylaws and any amendments thereto shall apply to the Association upon their recording and shall bind all present and/or future Owners and Occupants.

    [12/9/2018 : call from Homeowner :  Board actions are very disturbing. Board should not be bashing Lucy, Hunt, and Homeowner groups’ efforts to share CCRs and underdrain information the board has secreted.  She wishes the County had taken over the underdrains but understands they do not have the resources to assist nearly every subdivision in Snyderville Basin with groundwater.
    She does not trust the attorney or his staff to count the votes from the Homeowners.  Is there a way to witness the vote count so don’t twist ballots to count for board?]

    1.1 Definitions. Except as otherwise provided herein, or as may be required by the context, all terms defined in the Declaration of Covenants, Conditions, and Restriction for The Silver Springs Single Family (the “Declaration”), as may be amended from time-to-time, shall have such defined meanings when used in these Bylaws.

    1.2 Notice. Notice for the purposes of these Bylaws is as defined in the most current version of the Declaration.

    BYLAWS  ARTICLE II: ANNUAL AND SPECIAL MEETINGS
    2.1 Annual Meetings. (a) Requirement. An annual meeting of the Owners shall be held not less than once each calendar year. The business to be conducted at an annual meeting shall include, but is not limited to, approval of the prior year’s annual meeting minutes; presentation of the current budget, election for the Board of Directors  TRUSTEES as set forth in these Bylaws. (b) Date and Time. Unless changed by the Board, the annual meeting of Owners shall be held each year on the second Monday in October. The Board may, from time-to-time, change the date and time for the annual meeting of the Owners. (c) Purpose. The Annual Meeting shall be held for any, or all, of the following purposes. (1) Electing members of the Board; (2) Approving the minutes of the prior annual meeting; and (3) Transacting such other business as may properly come before the meeting. (d) Election of Board Members. If the election of the Board members cannot be held on the day designated for the annual meeting of the Owners, or at any adjournment thereof, the Board shall cause the election to be held at a special meeting of the Owners, to be convened as soon thereafter as may be convenient. [(e) Any Owner may record, or have recorded, via audio or video, the proceedings of any board meeting without interference or recourse by the board or its employees.]

     

    • 2.2 Special Meetings. (a) Special meetings of the Owners. Special meetings of the Owners may be called by at least two (2) members of the Board, the President, or upon the written request of Owners holding not less than thirty percent (30%) of the Allocated Interest of the Association. (b) Special meetings of the Board. Special meetings of the Board may be called by at least two (2) members of the Board or the President of the Association. Notice of any special meeting shall be given at least forty-eight (48) hours prior thereto to each Board Member. No notice of special meetings of the Board of Trustees is required to be provided to Owners, except as may be required by law, although any Owner may attend a special meeting of the Board of Trustees if the Owner appears at the physical location of the meeting in person.
    • 2.3 Place of Meetings. The Board may designate the office of the Manager or any place within ten (10) miles of the Neighborhood as the place of meeting for any annual or special meeting.
    • 2.4 Notice of Meetings. The Board shall cause written or electronic, as allowed by Law, Notice of the time and place, and in the case of a special meeting, the purpose, for all meetings of the Owners (whether annual or special) to be delivered, not more than thirty (30) nor less than ten (10) days prior to the meeting.
    • 2.5 Owners of Record and Owner Meetings. For the purpose of determining Owners entitled to Notice of a meeting or to vote at any meeting of the Owners, or any adjournment thereof, the Board may designate a record date, which shall not be more than thirty (30) nor less than ten (10) days prior to the meeting. If no record date is designated prior to sending Notice of the meeting, the first date on which a Notice of the meeting is sent shall be deemed to be the record date for determining Owners entitled to Notice of or to vote at the meeting.
    • [Owners and Association Members hold the First Amendment right to meet and assemble at any time without board member attendance, notification or interference. This Owner’s forum gives the Owners an opportunity to comment and discuss actions by the board, removal of board members, potential rule changes and possible requests for property issues, before they are taken to the board. Motions made, and accepted by the “majority of the meeting Owner attendees”, and Member signed ballots are valid for acceptance by the Association and the board.]
    • 2.6 Quorum. At any meeting of the Owners, the presence of Owners holding, or holders of proxies entitled to cast, more than fifty-one percent (51%)  twenty-five percent (25%) of the Allocated Interest of the Association shall constitute a quorum for the transaction of business. If a quorum is not met, the meeting shall be postponed to a date of not more than thirty (30) days and not less than fifteen (15) days at which time the Owners present shall constitute a Quorum. In the case of any such postponement, Notice of the meeting shall again be provided to all Owners at least seven (7) days before the postponed meeting, which shall include the statement: “The meeting will occur without any requirement for a minimum number of Owners present.”

    Bylaws Page  3

    [Added below to Bylaws 2.7 :  “electronic means” shall not be used due to the concerns not only for the possibility of hacking but also the ability of the Property Management company staff to alter the electronic vote.  In-person manipulation is possible due to accessible ports on the computer where the voting data is stored, collected and counted. A secondary hardware source laptop or cellphone containing all the Owners voting identification data including passwords can be plugged into the main computer/laptop to add electronic votes as if they were sent and received from the individual Owners.  An “Activate” instruction allows the Management company representative to enter multiple ballots at a time from the secondary hardware source.  This voting technology is proprietary thus not allowing forensic auditors to independently “scrub” or detect batch entries especially when the voter codes and passwords are available to the property management company staff.  Further, the activity strings are self-deleting after the final tally is committed.]

    • 2.7 Proxies. [All Proxies sent to the Owners by the Association shall include the specific names of all the candidates and the list of pre-notified agenda items available for a vote.  No proxy without the inclusion of these choices for the Owners shall be used for Association voting.At each meeting of the Owners, each Owner entitled to vote shall be entitled to vote in person or by proxy; provided, however, that the right to vote by proxy shall exist only where the instrument authorizing such proxy to act shall have been executed by the Owner, or by the Owner’s attorney, when duly authorized in writing. If a Lot is jointly owned, the instrument authorizing a proxy to act may be executed by any one Owner of such Lot or that Owner’s attorney(s) when duly authorized in writing. Such instrument authorizing a proxy to act shall set forth the specific matters or issues upon which the proxy is authorized to act, and may allow the proxy to vote on any issue arising at any particular meeting or meetings. Such instrument shall be delivered either prior to or at the meeting (but no later than any point in the meeting announced as the final time to deliver proxies) to the Secretary of the Association, or to such other officer or Person who has been authorized by the Association to accept proxies at the meeting.
    • 2.8 Votes. With respect to each matter submitted to a vote of the Owners, the Owners in good standing shall have the right to cast, in person or by proxy, as shown in the Declaration. The affirmative vote of a majority of the votes entitled to be cast by the Owners present or represented by proxy at a meeting, at which a quorum was initially present, shall be necessary for the adoption of any matter voted on by the Owners. In no event shall fractional votes be exercised in respect to any Lot and no more than one vote per Lot shall be allowed.
    • 2.9 Ballots and Written Consent. The Association may obtain the approval of Owners, by mail or electronic means, as allowed by law. Ballots may be used as an alternative to meetings, and written consent may be used instead of meetings, as allowed by and consistent with the requirements of the Revised Nonprofit Corporations Act.

    [What we learned from other HOAs: “electronic means” shall not be used due to the concerns with the “forced consent” document that must be signed before voting. Also because of the the possibility of hacking and also the ability available to the Property Management company staff to alter the electronic vote.  In-person manipulation is possible due to accessible ports on the computer where the voting data is stored, collected and counted. A secondary hardware source laptop, thumb drive or cellphone containing all the Owners voting identification data including email addresses and passwords can be plugged into the main computer/laptop to add electronic votes as if they were sent and received from the individual Owners.  An “Activate” instruction allows the Management company representative to enter multiple ballots at a time from the secondary hardware source.  This voting technology is proprietary thus not allowing forensic auditors to independently “scrub” or detect batch entries especially when the voter codes and passwords are available to the property management company staff.  Further, the activity strings are self-deleting after the final tally is committed.]

    [The SSSFHOA Board, using the 1979 Developers’ HOA name: Silver Springs Homeowners Association aka SSHOA, created the document, Silver Springs Homeowner’s Association  Resolution of the Board of Directors Electronic Notice, Transactions and Voting  – Signed by Edward Robertshaw and Polly Reynolds on June 6, 2018 – it includes time-sensitive voting notification  instructions for the upcoming vote on the CCRs yet the Homeowners have not been notified of this document’s existence .  This document is not mentioned in the SSSFHOA Minutes on the board website. Questionable activity like this by the board removes Homeowners trust in them and these, the underdrain committee’s CCRs.]  2018-06-19-Resolution-Electronic.pdf

     

    • 2.10 Minutes of Meetings. The secretary, or approved assigned, shall take minutes of all meetings of the Owners. The minutes shall include, at a minimum: (a) the identification of the Persons present at the meeting both in person and by proxy; (b) the date of the meeting; (c) the identification of any issue that is voted on or decided in the meeting; (d) the number of votes cast for and against any issue decided upon; and (e) the exact wording of any resolution passed at the meeting. The failure to take appropriate minutes or otherwise comply with this section 2.10 does not invalidate any action taken at a meeting. Draft meeting minutes for each meeting of the Owners shall be sent to all Owners or posted on the Association’s website within thirty (30) days of the annual meeting. 3.1 Number, Qualifications, Term, and Election.

     

     

    BYLAWS  ARTICLE III: HOMEOWNERS ASSOCIATION BOARD

    • (a) Number of Members. The Board shall be composed of either five (5) [2008 Articles of Incorporation call for 3 to 5 Board Members] or seven (7) Persons meeting the qualifications stated in the Declaration and these Bylaws. Only one Member per Lot may serve as a Trustee at any one time.
    • (b) Member Requirements/Qualifications. All candidates for the Board must be a record Owner of a Lot and be a member in good standing and over the age of eighteen (18) years old.
    • (c) Unless otherwise appointed as allowed in these Bylaws, Board Members shall be elected at a meeting duly called for that purpose. A Board

     

    Bylaws Page 4

     

    • election shall not be by secret ballot unless the Board indicates as such in the notice of meeting for an election. One vote per Lot may be cast for each open Board position. The person(s) receiving the largest number of votes shall be elected. No cumulative voting is permitted.
    • (d) The term of each Board Member shall be two (2) years. The terms of the Board Members shall overlap so that three (3) of five (5) (or four (4) of seven (7)) Board Members shall be elected one year, and two (2) (for a five (5) member board) or three (3) (for a seven (7) member board) the next, and so on.  [The term of committee members shall be for one year, two years at the maximum.]
    • (e) At or before the annual meeting, or any subsequent meeting at which the election is held, any Owner may submit his/her own name or the name of any other willing and otherwise qualified Person to serve on the Board. If the Association gives advance notice of any Persons seeking election to the Board, it shall include the names of every Person from whom it has received the written affirmation. If the name of a Person is submitted who is not in attendance at the meeting, it shall not be added to the final ballot for election of Board Members unless it is submitted with a written statement signed by that Person indicating that the Person is willing to serve.
    • (f) [ The only qualification required to be a candidate or Board Member is being in good standing in regard to dues payments.] If any Board Member is alleged to not meet the qualification requirements in the Declaration, and any Board Member is notified of or discovers this alleged lack of qualification, the Board shall promptly investigate and verify whether the Board Member is qualified or not, and during this period shall not make any further decisions. If the Board Member is not qualified, the Board Member’s membership on the Board shall terminate automatically retroactive to the date that written notice of an alleged lack of qualification was provided to the Association or, if no notice was provided, to the date that the Board established that the Board Member was not qualified. If a Board Member becomes unqualified or was not qualified under the Governing Documents, but was nonetheless elected to or permitted to remain on the Board, the decisions and actions of the Board, and that Board Member, are not subject to challenge on this basis up to the time that the Association is notified in writing as provided for in this Section or until the Board Member is disqualified, if no such notice is provided.   [ All duly elected board members can be asked to sign a Code of Conduct, as long as the Code does not require all board members to agree with all motions and policies discussed by the board.  There is to be diversity within the board and each member should be allowed to hold their opinion. Splits should be recorded in the Minutes.  This gives Homeowners a way of recognizing which trustees represent their interests and fiduciary duties.]
    • (g) Removal for Failure to Participate. If any Board Member shall fail to appear at four (4) [currently the number is 3] consecutive regular Board meetings in a row or fifty percent (50%) or more of the regular meetings within any calendar year, after having received proper notice of the meetings, and after the Board has attempted in good faith to schedule meetings consistent with all of the Members’ schedules, the other Board Members may by unanimous vote remove that Member and appoint a new Member. 3.2 Meetings.
    • (a) Regular Meetings. The Board shall hold regular meetings at least quarterly, and more often at the discretion of the Board.

      Bylaws Page  5

    • (b) Who is Entitled to Attend. Board Members, Owners, and Owner representatives (if designated in writing) may attend meetings and may be present for all discussions, deliberation, and decisions except when the Board is in executive session. Owners shall comply with all reasonable rules established by the presiding officer for their attendance, including a requirement that they remain silent except when comments are solicited by the Board.
    • (c) Owner Comment Period. Owners in attendance at the meeting shall be permitted a reasonable opportunity to offer comments, which may be limited to one period during the meeting. The presiding officer may set a time limit and other rules of order for the Comment Period.
    • (d) Attendance by Telephone or other Means. The Board may allow attendance and participation at any meeting of the Board by telephone or any other means that allows for the Board Members to hear each other during the meeting (electronic communication).
    • (e) Quorum and Manner of Acting. A majority of current Board Members shall constitute a quorum for the transaction of business at any meeting of the Board. The act of a majority of the Board Members present at any meeting at which a quorum is present and for which proper Notice was provided to the Board Members shall be the act of the Board. The Board Members shall act only as a Board, and individual members shall have no powers as such.
    • (f) Place and Notice of Meetings. (1) The Board may designate any place in Summit County as the place of meeting for any regular meeting called by the Board but shall, in good faith, attempt to hold meetings in as close a proximity to the Neighborhood as reasonably possible.
    • (2) All regular meeting times will be noted on the Association’s website. All Board Members and Owners shall be given at least ten (10) days’ Notice of regular meetings. Owners requesting notice of regular meetings by email shall be provided email notice at the email address the Owner provides not less than forty-eight (48) hours before the meeting. No Notice is required to Owners of a Board meeting if: (i) the meeting is to address an emergency; and (ii) each Board Member receives Notice of the meeting less than forty-eight (48) hours before the meeting.
    • (3) The Notice to Owners in part (2) above shall include: (i) the time and date of the meeting; (ii) the location of the meeting; and (iii) if a Board member may participate by means of electronic communication, the information necessary to allow Owners to participate by the same means of electronic communication.

    [Saturday, November 4, 2018  meeting of the old and new trustees to decide that Paul Reddy will be the board president, that the underdrain committee CCRs are to be passed by a vote of 120 electronic votes; just like the board passed the election of their four candidates.]

    • (g) Executive Session.
    • (1) The Board or any Committee may, by motion and a vote, continue deliberations and discussions in executive session for the reasons allowed in these Bylaws. The Board may exclude Owners and others from any part of the executive session portion of the meeting. If the Board enters

    Bylaws  Page  6

    executive session, they shall discontinue any executive session by motion and a vote.

    (2) Executive sessions may be held to discuss and make decisions related to the following matters:

    (i) Consult with an attorney for the purpose of obtaining legal advice,

    (ii) Discuss ongoing or potential litigation, mediation, arbitration, or administrative proceedings,

    (iii) Discuss a personnel matter,

    (iv) Discuss a matter relating to contract negotiations, including review of a bid or proposal,

    (v) Discuss a matter that involves an individual if the discussion is likely to cause the individual undue embarrassment or violate the individual’s reasonable expectation of privacy; or

    (vi) Discuss a delinquent assessment or fine.

    (3) The discussions in executive session shall be confidential and shall not be disclosed to anyone outside of the meeting except as authorized by the Board.

    (4) Documents analyzed in executive session may be confidential for other reasons provided for by law or in the Governing Documents, but they are not confidential merely as a result of having been discussed or presented in executive session

    (5) The minutes of the meeting at which an executive session is held shall include:

    (i) The purpose(s) of the executive session in sufficient detail. For example, the following are sufficient descriptions: “To discuss the terms of a management contract with XYZ Company,” or “To discuss the pending litigation with XYZ Company.”

    (ii) Any decisions made during executive session.

    (6) Care shall be taken so that attorney-client privileged information is not disclosed in minutes that are made available to anyone outside of members of the Board or the Committee. 3.3 Informal Action, and Action by Board Members without a Meeting.
    (a) Any action that is required or permitted to be taken at a meeting of the Board may be taken without a meeting if: (1) The Notice, as defined, of the action is provided to each Board Member, (2) Sufficient affirmative votes or consents are received in response to the Notice, and (3) No Board Member demands that action not be taken without a meeting.

    Bylaws Page  7

    (b) Action taken under this Section is effective only if the affirmative vote for the action equals or exceeds the minimum number of votes that would be necessary to take the action at a meeting at which all of the Board members then in office were present and voted.

    (c) A Board Member may revoke and change any response to any action by communicating that the member has changed his or her vote, with a description of the action. To be effective, the revocation must be received before receipt of the final consent necessary for the action to be effective.

    (d) An action approved pursuant to this section is effective on the date indicated in the Notice for the time to respond, if the responses necessary to satisfy this section have been received by the Board.

    (e) Action taken pursuant to this section has the same effect as action taken at a meeting of the Board and may be described as an action taken at a meeting of the Board Members in any document.

    (f) Notice under 3.3(a)(i) shall state, at a minimum: (1) The action to be taken,

    (2) The time by which the recipient must respond to the Notice, and

    (3) That failure to respond by the time stated in the Notice will have the same effect as abstaining and failing to demand in writing that the action not be taken without a meeting.

     

    (g) For purposes of this section:

    3.4 Compensation. No Board Member shall receive compensation for any services that he/she may render to the Association as a Board Member; provided, however, that a Board Member may be reimbursed for expenses incurred in the performance of his/her duties as a Board Member to the extent such expenses are approved by a majority of the Board.

    3.5 Resignation and Removal. A Board Member may resign at any time by delivering a written resignation, whether on paper or electronically, to either the President or the Board. Unless otherwise specified therein, such resignation shall take effect upon delivery. An oral resignation attempt is not effective. Any Board Member may be removed at any time, with or without cause, by the affirmative vote of a simple majority

    (1) “Signed” or “signature” is any indication on the document, whether paper or electronic, that the document is from and consented to by the person who is purported to have sent it. For example, a return address from the known address of the sender on an email satisfies the requirement for a signature.

    (2) “Writing” shall refer to an email, letter, facsimile, or any other physical or electronic document acceptable by law.

    (3) Communications and Notices may be by email, facsimile, hand-delivery, mail, or other electronic or physical means acceptable by law.

    Bylaws Page 8

    [On Thu, 8 Nov at 7:50 PM , Member wrote:
    Delete.  People are entitled to fair representation and compensation.  As this is currently written, it does not allow anyone in our community to question or get compensation for wrongdoing by this board. This is an obvious push by the under-drain committee to get their agenda passed without question or explanation.  The HOA deserves better than this. DELETE.]

    of the Allocated Interest of the Association at a special meeting of the Owners duly called for such purpose.

    3.6 Vacancies. If vacancies occur in the Board by reason of moving out of the Neighborhood, death, resignation, removal for failure to attend meetings, or disqualification of a Board Member, the Board Members then in office shall continue to act, and such vacancies shall be filled by a vote of the Board Members then in office, even though less than a quorum may be available. Any vacancy in the Board occurring by reason of removal of a Board Member by the Owners may be filled by election of the Owners at the meeting at which such Board Member is removed. Any Board Member elected or appointed hereunder to fill a vacancy shall serve for the unexpired term of his/her predecessor.

     

    BYLAWS  ARTICLE IV: OFFICERS

    4.1 Officers. The officers of the Association shall be- President, Secretary, Treasurer, and Vice President.

    4.2 Election, Term, and Qualifications. The officers of the Association shall be chosen by the Board at the first meeting of the Board following the annual meeting of Owners. Each such officer shall hold such office until a successor has been elected or until such officer’s death, resignation, disqualification, or removal, whichever first occurs. All officers must be Members of the Board during the entire term of their respective offices.

    4.3 Subordinate Officers. The Board may appoint such other officers or agents as it may deem advisable, each of whom shall have such title, hold office for such period, have such authority, and perform such duties as the Board may determine.

    4.4 Resignation and Removal. Any officer may resign at any time by delivering a written resignation to the President of the Board. If the President chooses to resign he or she must deliver such notice to all officers of the Board. Unless otherwise specified therein, such resignation shall take effect upon delivery. Any officer may be removed and may be replaced by a unanimous vote of the remaining members of the Board at any time, with or without cause.   [Any trustee can be removed from office by a petition of the Homeowners containing fifteen (15) of their signatures.]

    4.5 Vacancies and Newly Created Offices. If any vacancy shall occur in any office by reason of death, resignation, removal, disqualification, or any other cause, or if a new office is created, such vacancies or newly created offices may be filled by the Board at any regular or special meeting. During the time that any office is vacant, and no other officer is available to perform the duties of that office as required below, the Board shall ensure that the duties and responsibilities of the office are performed.

    4.6 The President. The President shall preside at meetings of the Board and at meetings of the Owners. At all meetings, the President shall have all authority typically granted to the Person presiding over a meeting, including, but not limited to: (a) the right to control the order of the meeting; (b) the right to arrange for the removal of any disruptive Persons who may include, but not be limited to, any Person who (1) refuses to abide by Rules or

      Bylaws Page 9

    (2) engages in vulgar, threatening, or otherwise inappropriate language or gestures; (c) the right to impose and enforce reasonable rules and procedures related to the meeting such as those found in “Robert’s Rules of Order;” and (d) the right to designate the Manager or any other Person to preside over any meeting at which the President is not present. The President shall sign on behalf of the Association all conveyances, mortgages, documents, and contracts, and shall do and perform all other acts as required by the Board. The President shall have the general authority to implement decisions of the Board and shall oversee the operations of the Association. The President shall have authority in case of emergency to take action without the Board’s approval as is necessary and prudent to preserve and protect property. The President shall be responsible for the duties of any other office while that office is vacant. Unless the President is fulfilling the duties of a vacant office, the President shall not vote at a meeting of the Board unless there is a tie between the other voting Board Members, in which case the President may vote to break the tie.

    4.7 The Vice President. The Vice President shall act in the place and stead of the President in the event of the President’s resignation, absence, inability, or refusal to act. The Vice President shall perform such other duties as required by the Board.

    4.8 The Secretary. The Secretary shall keep the minutes of the Association and shall maintain such books and records as these Bylaws, the Declaration, the law, or any resolution that the Board may require such Person to keep. The Secretary shall perform other duties as required by the Board. The Board may retain professionals to assist with the functions of the Secretary including, but not limited to the above-mentioned duties.

    4.9 The Treasurer. The Treasurer shall have the custody and control of the funds of the Association, subject to the action of the Board, and when requested by the President, shall report the state of the finances of the Association at each meeting of the Owners and at any meeting of the Board. The Treasurer shall have authority and obligation to generally implement the requirements of governing documents as it relates to the funds of the Association. The Treasurer shall perform such other duties as required by the Board. The Board may retain professionals to assist with the functions of the Treasurer, including, but not limited to, accounting and bookkeeping.

    4.10 Compensation. No officer shall receive compensation for any services rendered to the Association as an officer; provided, however, that an officer may be reimbursed for expenses incurred in performance of such duties as an officer to the extent such expenses are approved by the Board.

     

    BYLAWS  ARTICLE V: SUBCOMMITTEES

    5.1 Designation of Subcommittees. The Board may, by resolution, designate such committees (each a “Subcommittee”) as it may deem appropriate to carry out its duties, responsibilities, functions, and powers. The membership of each such Subcommittee designated hereunder shall  may include at least one (1) Board Member.   Subcommittee Members shall be replaced annually.   A Subcommittee shall

    Bylaws Page 10

    not have any powers, duties, or responsibilities beyond those specifically assigned by the Board. The Board may terminate any Subcommittee at any time.

    5.2 Proceedings of Subcommittees. Each Subcommittee designated hereunder by the Board may appoint its own presiding and recording officers and may meet at such places and times and upon such notice as such Subcommittee may determine. Each such Subcommittee shall keep a record of its proceedings and shall regularly report such proceedings to the Board.

     

    BYLAWS  ARTICLE VI: INDEMNIFICATION

    6.1 Indemnification. No Board Member, officer, subordinate officer, agent or member of a Subcommittee shall be personally liable for any obligations of the Association or for any duties or obligations arising out of any acts or conduct of said Board Member, officer, subordinate officer, agent or Subcommittee member performed for or on behalf of the Association. The Association shall and does hereby indemnify and hold harmless each Person who shall serve at any time as a Board Member, officer of the Association, or a member of a duly formed Subcommittee, as well as such Person’s heirs and administrators, from and against any and all claims, judgments, and liabilities to which such Persons shall become subject, by reason of that Person having, heretofore or hereafter, been a Board Member, officer of the Association, or member of a Subcommittee or by reason of any action alleged to have been, heretofore or hereafter, taken or omitted to have been taken by him/her as such Board Member, officer, or Subcommittee member, and shall advance and reimburse any such Person for all legal and other expenses reasonably incurred in connection with any such claim or liability; provided that the Association shall have the right, in its sole discretion, to defend such Person from all suits or claims; provided further, however, that no such Person shall be indemnified against or be reimbursed for or be defended against any expense or liability incurred in connection with any claim or action arising out of such Person’s intentional misconduct. The rights accruing to any Person under the foregoing provisions of this Section shall not exclude any other right to which such Person may lawfully be entitled, nor shall anything herein contained restrict the right of the Association to indemnify or reimburse such Person in any proper case, even though not specifically provided for herein, or otherwise permitted.

    6.2 Other Indemnification. The indemnification herein provided shall not be deemed exclusive of any other right to indemnification to which any Person seeking indemnification may be provided under any statute, agreement, vote of disinterested Board Members, or otherwise, both as to action taken in any official capacity and as to action taken in any other capacity while holding such office. The indemnification herein provided shall continue as to any Person who has ceased to be a Board Member, officer, Subcommittee member, or employee, and shall inure to the benefit of the heirs, executors, and administrators of any such Person.

    6.3 Settlement by Association. The right of any Person to be indemnified shall be subject always to the right of the Association by the Board, in lieu of such indemnity, to settle any such claim, action, suit, or proceeding at the expense of the Association by the payment of the amount of such settlement and the costs and expenses incurred in connection therewith.

    Bylaws Page 11

     

    BYLAWS  ARTICLE VII: AMENDMENTS

    7.1 Amendments. Except as permitted specifically herein, or required by the Act, these Bylaws may be amended by the affirmative vote of Owners of Lots holding at least a simple majority of more than fifty percent (50%) of the Allocated Interest in the Association at a meeting called for that purpose.

    7.2 Execution of Amendments. Upon obtaining the required vote, an amendment shall be signed by the President of the Association, who shall certify that the amendment has been properly adopted as required by these Bylaws. An amendment complying with the requirements of these Bylaws and the Declaration shall be effective when the amendment has been recorded in the office of the County Recorder of Summit County, State of Utah.

     

    BYLAWS  ARTICLE VIII: WAIVER OF IRREGULARITIES

    • 1 Waiver of Procedural Irregularities. All inaccuracies and irregularities in calls or Notices of meetings, in the manner of voting, in the form of proxies, in the method of ascertaining Persons present, in the method of making decisions at the meeting, or in the method of accepting or counting votes (which shall not include fraud in counting or the failure to properly count votes) shall be deemed waived under the following circumstances: (a) The objecting Person was in attendance at the meeting, and no objection to the particular procedural issue was made at the meeting;
    • (b) The objecting Person was not in attendance at the meeting but had proper Notice of the meeting, and no objection to the particular procedural issue is made within sixty (60) days of the date the meeting is held;
    • (c) The objecting Person was not in attendance at a meeting, did not have proper Notice of the meeting, but had actual Notice of the meeting before it occurred, and no objection to the particular procedural issue is made within ninety (90) days of the date of the meeting;
    • (d) The objecting Person was not in attendance at the meeting and did not have actual notice and did not get proper Notice of the meeting before it occurred, within ninety (90) days of receiving actual Notice of the occurrence of the meeting, or of any decision that was made at the meeting; or
    • (e) For any action, vote, or decision that occurred without a meeting, within one hundred twenty (120) days of receiving actual Notice of the occurrence of the action, vote, or decision.
    • 2 Requirements for Objections. All objections except those made at a meeting shall be made in writing. Whenever made, objections must be specific and shall include identification of the specific provision of the Governing Document or other law that has been violated, and a brief statement of the facts supporting the claimed violation.
    • 3 Irregularities that Cannot Be Waived. The following irregularities cannot be waived under the prior subsection: (a) any failure to comply with the provisions of the Declaration; and (b) any failure to obtain the proper number of votes required to pass a particular measure.

     

    BYLAWS  EXHIBIT B Legal Description

    The preceding document refers to and appertains to all LOTS in the following Subdivision filed and of record in the office of the Summit County Recorder:

    Silver Springs Phase 1A lots 1 through 64   Serial # SLS-1 through SLS-64

    Silver Springs Phase 1B lots 65-171    Serial # SLS-65 through SLS-171, including SLS-89A, SLS-104-AM-X, SLS-105-AM,

    SLS-152-AMD, SLS-153-AMD, and SLS-165-AMD

    Silver Springs Phase 1-C lots 172 and 173    Serial # SLS-172 through SLS-173

    Silver Springs Phase 1-E lots 193-198, and lots 200-202     Serial # SLS-1-E-193 through SLS-1-E-198 and Serial # SLS-1-E-200 through SLS-1-E-202

    Silver Springs Phase. 1-E, Amendment to Lot 199   Serial # SLS-1-E-199-AM

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

    Total 189 lots  [188 Homeowner lots]

     
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