2-354
9-
PLAT OF
EAGLE CREST IV
PLAT #TP-89.106
LOCATED IN:
l a
A PORTION OF LOT 4, BLOCK 2 OF EAGLE CREST, IN SECTION 23, TOWNSHIP 15 SOUTH, RANGE 12 EAST, WILLAMETTE MERIDIAN, DESCHUTES COUNTY,
OREGON.
SURVEYOR'S CERTIFICATE
DFAND
IOREGON GARY W, HICKMAN STATE DULY REGISTERED PROFESSIONAL LAND SURVEYOR FOR THESURVEYED BEING NARKED WITH LEGAL MONUMENTS
THE LAND REPRESENTED ON THIS PLAT OF PEAGLE
SECTION 23, TOWNSHIP 15 SOUTH RANGE 12 EAST, W.M. DESCHUTES
COUNTY, GREGON
THAT APROPERTY BRASS CAP IN A1/8 TRON PIPE EXISTS AT THE NORTH ONE-QUARTER CORNER OF SAID
G AT THE "INITIAL SECTION 23 THENCE SOUTH 40 04 45 EAST A DISTANCE OF 3933.70 FEET TO A 5/8 IRON ROD VITH A CAP MARKED "CVEC' MARKING THE MOST EASTERLY CORNER OF LOT L BLOCK 9 OF EAGLE CREST, THE *TRUE POINT OF BEGINNING' FOR THIS DESCRIPTION THENCE FOLLOWING THE BOUNDARY LINE OF SAID LOT BLOCK 9 NORTH
EAST A DISTANCE OF 40.02 FEET)
3ARGUND A 100.00 FOOT RADIUS CURVE LEFT 71.53 FEET (CHORD BEARS NORTH 52 59 52 WEST, 70.02 FEET 4ONORTH 16 30' 33 EAST A DISTANCE OF 50.00 FEET) THENCE ARDUND A 150.00 FOOT RADIUS CURVE RIGHT 107.30 FEET (CHORD BEARS
<SOUT
A DISTANCE
DIS
16)SOUTH 64
51' 33
17) SOUTH 15
36' 01 EAST A DISTANCE
WEST A
373 FET
FEET
RADIUS CURVE RIGHT 145.93
FEET (CHORD BEARS SOUTH 41 31' 02
10/19/89
.
SURSCIBED AND SVORN BEFORE WE THIS
19th DAY OF
Aili Boothe
WEST, 144.90
WEST, 124,.94 FEETH THENCE SOUTH 73IUS CURVE LEFT FELT (CHORD BEARS SOUTH 64 52 32 VEST, 116.31 FEET THENCE SOUTURVE RIGHT
93.02 FEET CCHORD BEARS SOUTH 65 52' 38 VEST, 92.57 FEET) THENCE SDUTH 75 34' 02 VEST A DISTANCE DF OF 30HERD 38.5 FEEA BEARS TOGE NERTH 38 D4 VEST, 346.06 THENCE NORTH 16" 50 10F VEI
WATER RIGHTS NOTE
NO WATER RIGHTS EXIST WITHIN THE PLAT OF
WilliaD
FT CHORD BEARS NORTH 05
FTDIUS
NORTH
69 46 39 VEST, 38.27 FEET) THENC E AROUND A 17.90 FODT RADIUS EEE RTH SAF 32 21 VEST A DISTANCE OF 12.33 FEET)т THENCE ARLND A 7500 FOUT RABIUS CURVE LEFT THENE 2473 FEET 42 FEET HENCE MORTH 73 25 52 VESTA ISTANCE 56.56 FEET) THENCE ARDUND A 75.00 FODT RADIUS CU RVESTA BEARS SOUTH 7 FEET) THENCE ARDUND A 125.00 FOOT RADTUS CURVE RIGH 33.70 FEET (CHORT A DISTANCE OF 102.55 FEET) THENCE AROUN D A 75.00 FOOT RADIUS CURVE LEFT 12.00 FEET CHORD BEARS SOU T THENCE
ARGUND A 17560 FUOT RADEUS CURVE RIGHT 6L8S FEET (CHORD BEARS SOUTH 83 NORTH 86
00
WEST A DISTANCE
24S FEETIENCE AROUND A 20711 FOOT RADIUS CURVE RIGHT 45.31 FEET
220.45
43
(CHORD BEARS NORTH 79%4442 THENCE NORTH 74 51' 09 VEST A DISTANCE OF 35.45 FEET) THENCE NORTH 03 35 15 WEST A DISTANCE DF50 THENCE FOLLOWING SOUTHVEST CORNER OF LOT 11
BLOCK 11 DF SAID
LANG
il/19/89
GARY W HICKMAN
NGRTH 16
SNT 18'
00' 43
EAST
A DISTANCE OF 73.22 FEET)
EAST A DSYANCE OF 4.96 36 CAST A DISTANCE OF 690.76 FEET (NORTH
EAST 698.88 FEET RECORD
8)SDUTH 41 56' 18 EAST A DISTANCE OF 63.51 FEET, (SOUTH 18
EAST 63.51 FEET RECORD) DISTANCE OF 16 31' 47 EAST A DISTAN
9)SDUTH 57 10>NORTH
60
11' 43
SOUTHPISTANCE
EAST
DISTANCE OF 31.16 FEET (NORTH 6
ASTTSTAECORDY
1SOH 1T 01
A
DISTANCE OF 478.3
EAST 478.40 FEET RECORD
13)SDUTH 22 08 18 EAST A DISTANCE OF 49913 FEET (SOUTH 22° 07' 503.92 FEET RECORD ISTANCE DF 129.70 FEET (SOUTH 30 36
EAST 124.96 FEET RECORDSTANC
A LIMITED PARTNERSHIP, DVNER OF THE
SCRIBED IN TH
SURYYOR'S CERTIFICATE HEREUNTO ATTACHED, HAVE CAUSED SAID LAND TO EAGLE CREST IV, TO BE A CORRECT PLAT AS LOCATED IN LOT
blE
10-20-89
E. ANDRES, EAGLE CREST PARTNERS, LTD.
ACKNOWLEDGEMENT
AN
NOTARY PUB
TE OF O
DESCHUTES
2UAW AL
OREGON
121/90 t 30 E FOREGDING INSTRUMENT VAS ACKNOWLEDGED BEFORE NE ON y Commis ion ExDirns
ONERDRES HEE EXE
1989.
1/21/90 IN EXPIRES
STATE OF ORE
TAXE
AND OTHER CHARGES REQUIRED BY LAW TO BE PLACED ON THE 1989-1990 TAX ROLL DY.
OB. Bratton by Joantodk
10-23-89
Besli Beothe
NOAFIC r
plzes
OREGO
/2092
APPROVALS
THE PLAT OF EAGLE CREST TT
LINE OF SAID LOT 1, BLOCK 9 DF EAGLE CREST THE FOLLOWING SEVENTEEN COURSES 3)SDUTH 86
EAGLE CREST PARTNERS LTD.
ASSESSOR'S CERTIFICATE
THE SOUTHERLY LINE OF SAID LOT 11 SOUTH 77 46' 22 EAST A DISTANCE OF 51.97
2)AROUND A 157.11 FOOT RRADIUS CURVE LEFT
1909.
MY COMMISSION EXPIRES
56' 06 VEST, 45.28 FEET THENCE ARDUND A 6563 FOO BEARS NORTH 06 24 49 VEST, 25.90 FAU FEETYS ENCEE NERTH 26.07 FEET. CCHOR A DISTANCE OF 137.77 FEET) THENCE ARDUND A THENC 184.41 FТ RADIUS CURVE RIGH 94 CURVE LEFT 2.61
FEET (CHORD BEARS NORTH 2405 08 VEST, 2765 FEET THENCE NORTH 49 CURV E O FEETY THENCE AROUND A 56.38 FODT RADIUS CURVE LEFT 39.04 FEET CCHORD BEARS
0ctober
6/20/92
NOTARY PUBLIC FOR THE STATE
FUH
AROUND A 355.00 FDIT RADIUS CURVE RIGHT 125.59 FEET (CHORD BEARS SDUTH 63
25' 43 139.59
i c
180NDRTH 62 09 31 EAST A DISTANCE OF 744.75 FEET NORTH 62° 08 TERMINUS OF THIS DESCRIPTIO TO THE
THENCE ARDUND A 145.00 FOOT RADIUS CURVE RIGHT
DISTANCE OF 159.73 FEET
FEET
EAST
CORD
i f f y o p n U Co
CREST II PLAT, THENCE FOLLOVING THE EASTERLY LINE DE SAID EAGLE THE STEAGLE III PLAT THE FOLLOWING THREE COURSES AND D 1)NDRTH 57 29 42
15)SDUTH 44 57' 09
DECLARATION
DESOR
AED ND APPROVED 10-23-1989.
COUNTY SURVEYOR
198
11-1
OncorB Briton by Juan setole SEOVTES COUNT ASSES DESCHUTES
UNTY
10-23
COILLECTOR ARE PAD AS OF THIS DATE
l
isnic
DESCHUTES COONTY COMMISSIDNER
PREPARED BY:
1
DESCHUTES COUNTY COMMISSIONER
HICIOVAN RTTAMS PHONE C3
SHEET 1
OF 4
6749
169-
85-13062 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
0098--0675
ITY
FOR THE EAGLE CREST PLANNED COMMUN
an June, 1985, by EAGLE CREST PARTNERS LTD., THIS DECLARATION made this 24th day of is as follows: nt," "Declara as to referred ter hereinaf hip, Oregon limited partners
RECITALS: of
("Initial Property") located in the County A. Declarant is the owner of that certain real property part ed on Exhibit A-1, attached hereto and made a Deschutes, State of Oregon, more particularly describ shall be conveyed by Declarant to Property Initial the of ") Property ion hereof. A portion ("Master Associat arly described on
particul this Declaration, which property is more the association of owners authorized by the owner of certain other rea! be, future the in may or now, is t Deciaran Exhibit A-2, attached hereto. Property") is other real propety ("Master Association Annexable property in said County and State, which and made a part hereof. In the event all of the hereto attached B Exhibit in described ly more particular
ent of the hereto, and in the further event that developm Master Association Annexable Property is annexed present intention of Declarant, the with ce accordan in proceeds property annexed such Initial Property and ent") on the graphic ("Conceptual Plan of Developm the resulting planned communtiy would be as shown on but is not obligated, to annex the Master Associati attached hereto as Exhibit C. Declarant intends, not regime of this Declaration, and intends, but is in Annexable Property so as to be included within the Community ("Planned Community") obligated to develop the property into the Eagle Crest Planned ent. accordance with the Conceptual Pian of Developm on by Declarant, its successors or assigns, shall B. The Planned Community, if pursued to completi family dwelling (126) Estate Lots, to be used as sites for single include up to one hundred and twenty-six thereto and up ate appropri s amenitie nal recreatio certain and units, along with the roadways, utility systems, along with similar roadways, utility units, dwelling attached family single (207) to two hundred and seven Ownership Project as may be devoted to a Vacation Resort systems and amenities, some or all of which ial uses noted, to include, in addition to the resident d intende is ity Commun herein defined. The Planned as may and such other types of compatible uses uses, rative administ and onal, certain commercial, professi Declarant shall construct, install, or entities. ntal govermme g regulatin ate be permitted by the appropri ent use, operation, and ownership by the Master otherwise provide upon the Property for subsequ limiting the generality of the foregoing, a domestic without , including systems, utility Association certain system. sewer n sanitatio and water system' an facility, roadways, course, driving range, lake, equestri C. Declarant is obligated to construct a golf not choose to limit its of the Master Association Property and does and recreational pathway uponaportion right to add additional improvements.
mutual benefit of all establish for its own benefit and for the mu D. Declarant intends to and does hereby lands, as and when Property and any subsequently annexed future Owners or occupants of the Initial nts and rights in, over and upon and each part thereof, certain easeme annexed (collectively, the "Property"), restrictions and obligations with ons, conditi ants, conven ial ly benefic the Property, and certain mutual maintenance thereof. respect to the proper use, conduct and ment to this Declaration ledge and record an instrument as a supple acknow E. Declarant may execute, nt Annexable Property so long as Declara tion Associa Master any or y Propert affectingaportion of the Initial ental declaration. Such supplemental supplem such by affected be to y propert owns all of the real conditions, ons of this Declaration, but may impose further declaration shall not conflict with the provisi affected. on and maintenance of the property to be protecti n, operatio the for ons restricti covenants, and dent of, but for an association of owners to be indepen provide may ion deciarat entai Such supplem property the right to assess the owners of the real subordinate to, the association herein formed, and for hed herein. In the event the ion in addition to the assessments establis covered by said supplemental declarat e of ownership not ion is developed pursuant to a legal structur this land subject to such supplemental declarat ental declaration may specify the manner in which contemplated by this Declaration, then such supplem thereof. apply to such land and the owners Declaration shall be interpreted to persons hereafter acquiring mortgagees, occupants and all other F. Declarant intends that the owners, of, and shall hold, sell and s benefit the enjoy times all at part thereof, shali any interest in the Property or any
Bend Title Company
0098-0676 convey their interests subject to the rights, easements, covenants, conditions, restrict.
hereinafter set forth, all of which are hiereby declared to be in furtherance of a general plan to promote and
protect the cooperative aspect of such development and are established for the purpose of enhancing and
perfecting the vaiue, desirability and attractiveness of said real property.
DECLARATIONS
NOW, THEREFORE, Declarant as owner of the Initial Property, and for the purposes above set forth, hereby declares that all of the Initial Property, and any subsequently annexed lands, as and when annexed,
and each part thereof, shall be held, sold and conveyed subject to the following easements, convenants, conditions and restrictions, which are for the purpose of protecting the value and desirability of, and which shall constitute equitabie servitudes on the Property, and which shall run with said Property and be binding or in any part thereof, their' on and inure to the benefit of all parties having any right, title or interest therein, heirs, successors and assigns.
ARTICLE I
DEFINITIONS As used herein, uniess otherwise specified or unless the context otherwise requires: "Additional Maintenance Areas" means any portion of un-annexed Master Association 1.1 Annexable Property upon which the Master Association has acquired from Declarant an exclusive or non-
exclusive right of use, or any easement or right-of-way over property owned by any third party which in the judgment of the Board is necessary or convenient to the purposes of the Master Association, and for which the Master Association is obligated in .consideration for such use for all: or a portion of the cost of maintenance and repair.
1.2 "Articles" means the Articles of Incorporation of the Master Association, as such Articles may be
amended from time to time. Emergency 1.3 "Assessment" means, collectively, the Annual Assessments, Special Assessments, Assessments, and Remedial Assessments, all as more fully set forth in Article II!. 1.4 "Assessable Estate Homesite" means an Estate Homesite approved or to be approved as a
Building site for a single family detached Unit. 1.5 "Board" mean the Board of Directors of the Master Association. 1.6
"Budget" means a proforma operating statement of the Master Association which sets forth its
estimated annual income and expenses. 1.7 "Building" means any structure having a roof supported by columns or walls for the housing or
enclosure of persons, animals or chattels and located on a Lot and forming a part of such Lot. 1.8 "By-Laws" means the By-Laws of the Master Association as such By-Laws may be amended from time to time. 1.9 "Conceptual Plan of Development" means that conceptual plan identified in Recital A.
1.10 "Commercial Lot" means each lot or parcel of real property in the Property not owned by the
Master Association or any Sub Association, and which is designated as a site for any use other than as an Estate Homesite, Condominium Lot, or as part of a Vacation Resort Ownership Project.
1:11 "Condominlum" means a single family residential dwelling unit consisting of an undivided interest in one or more Lots coupled with an exclusive interest in a dwelling unit in a Building situated thereon, and which is declared to be such in a Suppiemental Declaration. 1.12 "Condominium Lot" means each lot or parcel of real property in the Property as shown with a distinct number or letter on a map or plat of the Property or any portion thereof and which is designated for
construction of a Building or Buildings containing one or more Condominiums. is 1.13 "Conversion Date" means the date on which Class B Membership of the Master Association
converted to Class A Membership as provided in Article II. 1:14 "County" means the County of Deschutes, State of Oregon.
1.15 "Declarant" means Eagle Crest Partners Ltd., an Oregon limited partnership, together with its
successors and assigns if any successors and assigns should acquire any portion of the Property from Declarant for the purpose of deveiopment and are designated by Declarant as an assignee for the purpose
hereof by a duly recorded written instrument.
0098-067h
1.16 "Director" means a nember of the Board of Directors of the Master Association. 1.17 "Dwelling" means any Building or portion thereof which is used as a private residence or
sleeping place of one or more human beings, but not including clubhouses or recreational buildings intended and designed primarily for recreational use.
1.18 "Environmental Contro! Committes and Committee" means that committee established pursuant to Article V of this Declaration with the powers and duties as set forth therein. 1.19 "Equestrian Facility Area" means that portion of the Master Association Property and any Additional Maintenance Areas, or portions thereof which are described as such on the Conceptual Plan of Development or in any Supplemental Declaration, as well as the Improvements thereupon. 1.20 "Estate Homesite" means each lot or parcel of real property as shown with a distinct number or letter on a map or plat of the Property and which is designated as a site for construction or a single familv ate Homesites as
detached Dwellina Init
1Estete Homesite Assoclation" means any association of owners of Estate Homesites as
established in a Supplemental Declaration.
1.22 "First Mortgage" means (i) with respect to each Real Property Interest owned by Non-Declarant
Cwners, any first Mortgage made in good faith arid for value, and created in connection with the acquisition of such Real Property Interest, or (ii) with respect to any portion of the Property owned by Declarant, any Mortgage encumbering the Property or any portion thereof and securing an obligation of Declarant with respect to any land acquisition or the development or construction of any Improvements on the Property, including, without limiting the generality of the foregoing, that instrument recorded in the office of the recording officer of Deschutes County, entitled "Master Trust Deed and Secuirty Agreement" of Security
Pacific Finance Corp., a Delaware corporation.
1.23 "Fiscal Year" means the one-year period commencing on the first day of Jaiuary of each year which shall be the fiscal year of the Master Association; provided, however, that the first Fiscal Year shall be the partial one-year period commencing on the Starting Date and ending on December 31, 1985; provided further, that the Fiscal year shall be subject to change by amendment to the By-Laws.
1.24 "Golf Course" means one or more Lots of the Master Association Property designated as such
on the Conceptual Plan of Development or in
any Supplemental Declaration, initially consisting of nine golf
holes, a lake, a driving range, pro shop and maintenance area, and which is expandable to eighteen golf holes in the discretion of Declarant. 1.25 "Improvements" means buildings, garages, carports, streets, roads, driveways, walkways, parking areas, fences, wells, reservoirs, porches, elevated porches, hedges, plantings, planted trees and shrubs, pools, tennis courts, recreational amenities, and all other structures or landscaping of every kind, nature or description.
1.26 "Initial Commencement Date" means the first day of the first month following recordation of the deed for the sale of the first Real Property Interest to a Non-Declarant Owner.
1.27 "Initlal Property"means that real property more fully described in Recital A hereto. 1.28 "Interval" means an ownership interest wherebya purchaser receives the right, in perpetuity, for Hife, or for a term of years, to the recurrent, exclusive use or occupancy of a Vacation Resort Ownership Unit annually or on some other periodic basis, for a period of time that has been or will be allotted from the use or occupancy periods into which the Vacation Resort Ownership Unit has been divided. 1.29 "Llen" means either a voluntary or involuntary lien.
1.30 "Lot" means each lot or parcel of real property as shown with a distinct number or letter on a map or plat of the Property or any portion thereof which may be legally conveyed, intluding all parceis owned by the Master Association, whether designated as roadways, wells, Restricted Use Areas, or otherwise.
1.31 "Majority of Owners" means (a) prior to the Conversion Date, (i) the vote or written assent of a Majority of Non-Deciarant Owners and (ii) the consent of the Declarant: and (b) from and after the Conversion Date, (i) the vote or written assent of Owners entitled to vote or so assent, and who collectively are entitled to exercise more then 50% of all votes which may be exercised by such Owners, and (ii) the vote or written assent of a Majority of Non-Declarant Owners
1.32 "Majority of Non-Declarant Owners" means the vote or written assent of Non-Declarant Owners entitled to vote or so assent and who collectively are entitled to exercise more than 50% of all votes which may be exercised by such Non-Declarant Owners.
1.33 "Manager" means that person or entity employed from time to time by the Board to manage the
affairs of the Master Association.
1.34"Master Assoclation" means the Eagle Crest Master Association, an Oregon nonprofit
ewоHо 1.56 "Statemet of Status" means an estoppel statement issued by the Master ASsoclgl regard to the existence of unpaid assessments, as provided in Section 2.4(i). or , corporation organized, established 1.57 "Sub-Association" means any Oregon non-profit p is composed of Owners to a Supplemental Declaration, and of which the membershi
authorized pursuant within a designated portion of the Property.
Conversion Date, (i) the vote or written
to the 1.58 "Super-Majority of Owners" means (a) prior and who collectively are entitled to exercise of Non-Declarant Owners entitled to vote or so assent Owners and (ii) the consent of the may be exercised by such Non-Declarant more than 75% of votes which to (i) the vote or written assent of Owners entitled t; and (b) from and after the Conversion Date
assent
Declaran
which may be
of votes vely are entitled to exercise more than 75% vote or so assent, and who collecti entitied to vote or written assent of Nor-Declarant Owners all by such Owners, and (ii) the vote or
exercised
so assent, and who collectively are
entitled to exercise more than 75% of votes which
such Non-Declarant Owners.
"Supplemental Declaration" means any declaration
1.59
or similar document, which may
may be exercised by
of convenants, conditions, restrictions,
have been recorded as a supplement to
this
reservations or easements, the Property, as permitted by this Declaration. Without limiting instrument with respect to any portion of the for annexation of all or any portion of provide may ion Declarat enta! Supplem a generality of the foregoing, may create , may authorize a Sub-Association of owners, and/or the Master Association Annexable Property within the Property. regime nium Condomi a or Project ip Ownersh a Vacation Resort the generality thereof, includes a means a residential dwelling unit, and without limiting 1.60
"Unit"
Condominium as well as a Vacation Resort Ownership
Unit.
1.61"Vscation Resort Owners Associatlon" means any association
of owners of Intervals as
established in a Supplemental Declaration."
al Declaration submitting 1.62"Vacation Resort Ownership Declaratlon" means a Supplement by the Vacation Resort Owners Association. certain Lots to an Interval ownership regime to be governed la) the Vacation Resort Ownership Units and (b) 1.63 "Vacation Resort Ownership Project" means
any
Owners or by the Vacation Resort Owner Property owned in common by the Vacation Resort
Association.
which 1.64 "Vacation Resort Ownership Unit" means a Unit
is subject to the Vacation Resort
Ownership Declaration.
ARTICLE II
ION EAGLE CREST MASTER ASSOCIAT be the 2.1 ORGANIZATION: ration, which corporation shall iation is a non-profit Oregon corpo and operation The Eagle Crest Master Assoc replacement, administration , repair e, enanc maint the Owners for ant to governing body for all of the required or permitted to maintain pursu Property and all other property it is
☐
of the Master Association
es, By-
by law and set forth in the Articl
the duties and powers prescribed otherwise this Declaration, and shall have for any reason be amended or r the Articles nor By-Laws shall inconsistency, Laws and this Delcaration. Neithe ation. In the event of any such Declar this with istent incons be so as to
changed or interpreted
the provisions of this Declaration shall
prevaii.
2.2 MEMBERSHIP:
(a) Qualifications: including Declarant, but excluding (x) any a Real Property Interest, Each Owner of all or a portion of s who hold an rship as well as (y) persons or entitie membe its of behalf on ty proper g Sub-Association ownin tically, upon becoming an rmance of an obligation, shall automa perfo the for ty securi as such Owner ceases interest merely ation and shall remain a Member until e a Member of the Master Associ
Owner, becom
to own such interest.
(b) Membership Rights and Duties: Declaration, the Articles, the duties and obligations set forth in this be amended from Each Member shall have the rights, as said documents may dures Proce and es Polici and the Master Association
By-Laws
time to time.
(c) Transfer of Membership: shaii be appurtenant to the Rea! each Owner (including Declarant) The Association membership of ed, transferred, pledged, conveyed assign be not shall and , rship membe t, and then only to the Property Interest giving rise to such to said Real Property Interes except upon the transfer of title
or alienated in any way
0098-0679
corporation. 1.35 "Master Association Annexable Property" means all of the real property described as such in Recital A.
1.36 "Master Association Property" means the property described in Recital A, and includes any lot, parcel, or easement, including the Additional Maintenance Areas, conveyed to or reserved for the benefit of the Master Association and which is thereafter operated and/or maintained for the benefit of the Members,
and all Improvements thereon, and personal property related to the use and enjoyment thereof. 1.37 "Master Association Policies and Procedures" means those policies, procedures, rules and
regulations adopted by the Master Association pursuant to the authority of Section 2.7 herein, as such Policies and Procedures may be amended from time to time. 1.38 "Master Declaration" or "Declaration" means this instrument by which the Property is established to be a pianned community, as amended from time to time. 1.39 "Member" means every person or entity who holds membership in the Master Association. 1.40 "Mortgage" means a mortgage or deed of trust.
1.41
mortgage.
"Mortgagee" means the beneficiary of a recorded deed of trust or the holder of a recorded
1.42 "Non-Declarant Owners" means all Owners other than Declarant. 1.43 "Organization Meeting" means that organization meeting of the Master Association pursuant to
Article V, Section 2 of the By-Laws.
1.44 "Owner" means the person.or persons, including Declarant, whose estates or interests, individually or collectively, aggregate fee simple ownership of a Real Property Interest, but excluding those having an interest merely as security for the performance of an obligatión. Owner includes contract purchaser and lessees of a term in excess of five years, but excludes the holders of title subject to such contracts or leases.
1.45 "Planned Community" means the Eagle Crest Plapned Community, as set forth in Recital A. 1.46
"Property" means all of the Initial Property and such portion of the Master Association
Annexable Property as may, at any time, have been annexed hereto as provided in Article VIII. 1.47 "Public Report" means, unless more particularly specified, a Public Report issued by the Real Estate Commissioner of the State of Oregon or the State of Washington or a Final Subdivision Public Report issued by the California Department of Real Estate with respect to all or any portion of the Property, or a comparable public disclosure document issued by any regulatory agency of a State in which Real Property Interests in the Property are intended to be offered. 1.48 "Real Property Interest" means any ownership interest in an Assessable Estate Homesite, Commercial Lot, Condominium, Interval, or other estate in real property which has been annexed to the regime of this Declaration and which is therebya part of the Eagle Crest Planned Community. 1.49 "Reserve Expenses" means the specific capital expenditures required to be made at any time and from time to time to provide for the repair, replacement or restoration of the Master Association Property, and for such other purposes as prudent business practice requires. 1.50 "Restricted Use Area" means a portion of the Master Association Property designated as such either on the Conceptual Plan of Development, or by Supplemental Declaration, the use and enjoyment of which is reserved to the Master Association, for its purposes, and not generally available for use by the Members.
1.51 "River Bluff Areas" means those portions of Additional Maintenance Areas described as such in the Conceptual Plan of Developmerit, and such additional portions of Master Association Annexable Property as may be designated as River Bluff Areas pursuant to the provisions of a Supplemental Declaration. 1.52 "Shall" means is mandatory and not merely directory.
1.53 "Special Upkeep Area" means any area or arcas of improved or unimproved land within the
Property, designated as such herein or in a Supplemental Declaration, and for which: (i) the Master Association shall have the responsibility of maintenance and repair, (ii) the use and enjoyment shall be reserved to a restricted class of owners, (ii) tho management, operation and control shall be retained by a Sub-Association composed of that restricted class of Owners, and (iv) the cost of maintenance and repair thereof shall be allocated to those Owners having the right of use and enjoyment, and not to the Membership of the Master Association at large. 1.54 "State" means the State of Oregon. 1.55 "Starting Date" means the date on which the first deed conveying a Real Property Interest to a
Non-Deciarant Owner is recorded.
0098--0680 transferee of title to said interest. Any attempt to make a prohibited transfer shall be void. Any such transfer of title shall operate automatically to transíer the membership in the Master Association appurtenant thereto to the new Owner thereof. 2.3 VOTING RIGHTS:
(a) Voting of the Members: (i) The Class A Membership of the Association shall consist of the following, and each Class A Member shail be entitled to vote as follows: (1) Prior to conversion of the Class B Membership, each Non-Declarant Owner, and subsequent to such conversicn each Owner of an Assessable Estate Homesite shal! be entitled to one vote for each Assessable Estate Homesite.
(2) Prior to conversion of the Class 8 Membership each Non-Deciarant Owner, and subsequent to such conversion each Owner of a Condominium shall be entitled to one vote for each Condominium.
(3) The Owners of Intervals, including Declarant, shali be entitled to one vote for each
Vacation Resort Ownership Unit.
(4) The Owners of Commercial Lots shall be entitled to one vote for each Commercial Lot. (ii) The Class B Membership of the Master Association shall be Declarant who shall be entitled
to three (3) votes for each Condominium and for each Assessable Estate Homesite owned. Class B
Membership shall cease and be converted to Class A Membership on the happening of the earlier of the following events: (1) When the total votes outstanding in the Class A Membership equals the total votes outstanding in the Class B Membership; or (2) Three years from the date of issuance of the most recent Public Report with respect to any part of the Property; or (3) Ten (10) years from the date of the osiginal issuance of the first Public Report with
respect to any portion of the Property.
(b) Joint Owner Disputes:
The vote for each Assessable Estate Homesite, Commercial Lot, Condominium or Vacation Resort Ownership Unit must be cast as a unit, and fractional votes shall not be allowed. When more
one person is the owner of any such Assessable Estate Homesite, Commercial Lot, Condominium, or Vacation Resort Ownership Unit, all such persons shall be Members, and the vote
than
with respect thereto shall be exercised as such co-owners among themselves determine, but in no event shall more than one vote be cast with respect to any such Ownership; provided, however, that
the vote for Vacation Resort Ownership Units and for any other Real Property Interests subject to special voting procedures pursuant to the provisions of a Supplemental Declaration shall be exercised in the manner set forth in such governing Supplernental Declaration. In the event that joint Owners are unable to agree among themselves as to how their one vote shall be cast, they shail lose their right to vote on the matter in question. If any Owner or Owners cast a vote, it will thereafter be conclusively presumed for all purposes that he or they were acting with the authority and consent of all their CoOwners. In the event more than one (1) vote is cast with respect thereto, none of said votes shall be counted and said votes shall be deemed void. (c) Approval of Actions of the Association:
Unless specifically provided herein, any action by the Association which, pursuant to this Declaration, requires the approval of the Association membership before being undertaken shall require the vote or written consent of the Members as provided in the By-Laws. (d) Special Procedure for Directors: Prior to the organization meeting as required pursuant to Article V, Section 1 of the Bylaws of the Master Association, and thereafter until their successors are elected, the incorporator of the Master
Associaticn or the first Directors appointed by the incorporator shall serve as Directors of the Master Association. (i) Vacation Resort Ownership Project Directors. In the event one or more Vacation Resort Ownership Projects have been formed in the Planned Community and are in existence at the time of such election, at least forty percent of the Directors (rounded up to the nearest whole number, but not less than two) shall be elected by the vote of the Vacation Resort Ownership Units in the manner provided in the governing Vacation Resort Ownership Declarations and the Bylaws.
(ii) Residential Project Directors. In the event five or more Assessable Estate Homesites or five
or more Condominiums are included in the Planned Community at the time of such election, at least
forty percent of the Directors (rounded up to the nearest whole number but not less than two) shall
0098-0681 be elected by the consolidated vote of the Owners of (i) Assessable Estate Homesites and (ii)
Condominiums in the manner provided in the gcverning Supplemental Delcarations and the
Bylaws.
(ii) Commercial Project Directors. The rernaining Directors not elected pursuant to subparagraph
(i) and subparagraph (ii) hereinabove shall be elected by the Owners of Commercial Lots. (e) Commencement of Voting Righis.
Except for Declarant, voting rights attributable to any Real Property Interest shall not commence until assessments pursuant to this Declaration have been levied with respect thereto. 2.4 DUTIES OF THE ASSOCIATION: In addition to the powers delegated to it by its Articles, and without limiting the generality
thereof, the Master Association shall have the obligation to perform each of the following duties:
(a) Accept Conveyances. To accept conveyances from Declarant or its designated assignee, or any Sub-Association, of real property designated by the grantor to be owned and maintained by the Master Association for the benefit of ail or a portion of the Members. Master Association Property within the boundaries of the initial Property shall be conveyed by Declarant to the Association no later than the time of recordation of the deed to the first Real Property Interest conveyed to a Non-Declarant grantee.
(b) Maintenance and Management of Property and Facilities. To maintain in a safe condition, manage, operate and preserve (i) al! of the Master Association Property; without limiting the generality of the foregoing, this duty shall encompass all storm drains, natural water courses, domestic water systems, sanitary sewer systems, and other utility systems the operation and maintenance of which has been delegated to the Master Association by this Declaration and all or any Supplemental Declaration, the Golf Course, the Additional Maintenance Areas Improvements thereupon; and (ii) all of the Special Upkeep Areas. (c) Insurance: To obtain and maintain in force the following policies of insurance: (i) Fire and extended coverage insurance on the Master Association Property (including Additional Maintenance Areas), the amount of such insurance to be not less than one hundred
percent (100%) of the aggregate full insurable value. (ii) General comprehensive public liability insurance against claims for personal or bodily injury, death or property damage with limits with regard to injury or death of not less than $1,000,000.00 per person and $3,000,000.00 per occurrence; and with limits of not less than $500,000.00 per occurrence in respect to property damage, insuring against liability for bodily injury, death and property damage arising from the activities of the Master Association or with respect to property
under its jurisdiction. Said liability insurance shall name and separately protect as insureds Declarant, the Master Association,the Board and their representatives, members and employees, and the Environmental Control Committee members, with respect to any liability arising out of the maintenance or use of the Master Association Property, the Special Upkeep Areas or other property under the jurisdiction of the Master Association. (iii) Such other insurance, including worker' compensation insurance to the extent necessary to
comply with any applicable law, and, if required by a governmental authority, faithful
performance and fidelity bonds to insure the Master Association against any loss from malfeasance or dishonesty of any employee or other person charged with the management or possession of any Master Association funds or other property, and such indemnity and other bonds as the Board shall deem necessary or expedient to carry out the Master Association's functions.
(d Rule Making:
To make, establish, promulgate, amend and repeal the
and Master Association Policies
Procedures.
(e) Environmental Control Committee: To appoint and remove members of the Environmental Control Committee, all subject to the provisions of this Declaration. (f) Taxes and Assessments: To pay all taxes and assessments which are or could become a lien on the Master Association
Property.
(g) Enforcement by Association:
To perform such other acts, whether or not expressly authorized by this Declaration, as may be
reasonably necessary to enforce the Oregon Planned Community Act, any of the provisions of this Declaration, and the Master Association Policies and Procedures.
(h) Budgets and Financial Statements:
0098-0682
To cause financial statements for the Master Association to be regularly prepared and copies to
be distributed (1) to each Sub-Association for distribution to its members and (2) to each Member of the Master Association not additionally a member of a Sub-Association, as foilows:
(i) A pro forma operating statement (budget) for each Fiscal Year shall be distributed not less than 45 days before the beginning of the Fiscal Year of the Master Association to which such budget applies. The budget shall contain at least the following information: (A) Estimated revenue and expenses on an accrual basis; (B) The amount of the total cash reserves of the Master Association currently available for replacement or major repair of common facilities and for contingencies;
(C) An itemized estimate of the remaining life of and the methods of funding to defray the of repair, replacement or additions to major components of the Master Association Property and Improvements thereon for which the Master Association is responsible: and (D) A general statement setting forth the procedures used by the Board in the calculation and establishment of reserves for capital improvements to the Master Association Property for which the Master Association is responsible. costs
ii) An annual report for the Master Association consisting of the following shall be distributed within 90 days after the close of the Fiscal Year. (A) A balance sheet as of the end of the Fiscal Year. (B) An operating (income) statement for the Fiscal Year.
(C) A statement of the net changes in financial position for the Fiscal Year; (D} For any Fiscal Year in which the gross income to the Master Association exceeds $75,000, a copy of the review of the annual report, prepared in accordance with generally accepted accounting principles by a public accountant licensed by the State of Oregon; (E) A list of the names, mailing addrésses and telephone numbers of the members of
the Board
If the annual report is not prepared by an independent accountant, it shall be prepared by the managing agent for the Master Association or by an authorized officer of the Master Association and shall be accompanied by a certificate of the person preparing the annual report that the annual report was prepared from the books and records of the Master Association without audit or review.
(i) Statements of Status; Project Documents.
(i) Within 10 days of the mailing or delivery of a request by any Owner, Mortgagee, prospective Mortgagee, purchaser or other prospective transferee of a Real Property Interest, to
issue a Statement of Status executed and acknowledged by an officer of the Association, stating whether any indebtedness secured by any lien created hereby upon any Real Property Interest has been paid. The Statement of Status shall be binding upon the Association in favor of any person
who may rely thereon in good faith. (ii) Within 10 days of the mailing or delivery of a request by any Owner, to provide such Owner with a copy of the Declaration, the Articles and the Bylaws. (iii) The Association may charge a fee for providing the Statement of Status or the requested documents, which fee shall not exceed the reasonable cost of preparation, and/or reproduction
thereof.
(j) Transitiona! and Turnover Dutles. To form a transitional advisory committee in order to provide for the transition from administrative responsibility by the Declarant to administrative responsibility by the Master Association. Such transitional advisory committee shall be formed within 60 days after Declarant has conveyed the Real Property Interests representing 50% of the votes of the
Members by not later than 30 days before the Organization Meeting. At a time which is the earlier of
the date of the Organization Meeting or 120 days after the Real Property Interests representing 75% of the votes of the Members have been conveyed by Declarant, the Master Association shall accept administrative responsibility for the Property. (k) Community Utilities Services. To provide for the benefit of the Master Association Annexable Property, but subject to fees and user charges comparable to those charged Members
(taking into account volume discount and other applicable rate adjustments): domestic water service, sanitary sewer service, and any other Community utility services which the Master Association
provides to the Property which has been annexed to the regime of this Master Declaration. (I) Dissemination of Other Information. To distribute to all Owners the following additional
0098-0683
information: (i) Within 60 days after the date of any meeting of the Board, minutes of such meeting:
(ii) Not less than 30 days prior to the date of the annual meeting of the Members of the Master Association a list of the orders of business to be considered at such meeting, including the name,
address and a brief biographical sketch, if available, of each member of the Master Association who has announced his intention to stand for election to the board; and (ii) Within 60 days prior to the beginning of the Fiscal Year, a statement of the Master
Association's policies and practices in enforcing its remedies against Members for defaults in the payment of any amounts due to the Master Association, including without limitation the recording and foreclosing of liens against Members' interest in the Property.
2.5 POWERS AND AUTHORITY OF THE ASSOCIATION: The Association shall have all the powers of a non-profit corporation organized pursuant to the laws of the State of Oregon, subject only to such limitations upon the exercise of such powers as are expressly set
forth in the Articles, the Bylaws or this Declaration. It shall have the power to do any and all lawful things which may be authorized, required or permitted to be done by the Master Association by this Declaration, the Articles and the Bylaws, and to do and perform any and ail acts which may be necessary or proper for or incidental to the exercise of any of the express powers of the Master Association, including without limitation:
(a) Assessments:
To levy assessments against, Real Property Interests, and to enforce payment of such assessments, all in accordance with the provisions of Article lil hereof. (b) Right of Entry and Enforcement: Additional To enter upon any Lot (excluding the interior of any dwelling thereon), the Maintenance Areas or any Special Upkeep Area for the purpose of ascertaining whether the provisions of this Declaration have been or are being complied with, for.the purpose of enforcing by peaceful means any of the provisions of this Declaration and the Master Association Policies and Procedures or or repairing any such area as required by this Declaration. Such for the purpose of maintaining or entrance shall be after twenty-four (24) hours prior written notice to the Owner, and any SubAssociation to which such Owner may beamember, or such greater notice as may be required by any provision hereof: provided, however, that such entrance shall be permitted without any prior notice whatsoever in the event of an emergency. The Master Association shall also have the power and
authority from time to time in its own name, on its own behalf or on behalf of any Member or Members who consent thereto, to commence and maintain actions and suits to restrain and enjoin any breach or threatened breach of this Declaration and the Master Association Policies and Procedures and to enforce, by mandatory injunction or otherwise, all of the provisions hereof. In addition, or as an
alternative method of enforcing this Declaration and the Master Association Policies and Procedures, the Board may impose monetary penalties, temporary suspensions of a Member's rights or other appropriate discipline for failure to comply with the provisions of this Declaration or the Master Association Policies and Procedures, provided that the procedures for notice and hearing satisfying the minimum requirements of law are given to the Member before a decision to impose discipline is reached. (c) Employment ofAgents: To employ the services of any person. or corporation as a manager of the Planned Cemmunity, the Master Association Property and/or the facilities thereupon, or to hire employees of the Master
Association to manage, conduct, and perform the business, obligations and duties of the Master Association, and enter into contracts for such purpose, Such agents shall have the right of ingress and egress over such portions of the Property as is necessary for the performance of such business, duties and obligations.
(d) Employment of Professional Advisors: To employ professional counsel and obtain advice from such pe sons, firms or corporations such as, but not limited to, landscape architects, recreation experts, architects, planners, iawyers and accountants.
(e) Borrowing of Money:
To borrow and repay monies for the purpose of maintaining and improving the Master Association Property, and to encumber such property as security for the repayment of such borrowed money.
(f) Hold Titie and Make Conveyances: To acquire, hold title to and convey, with or without consideration, real and personal property and
0098-0684
interests therein, including but not limited to easements across all or any portion of the Master
Association Property.
(g) Services:
To contract or otherwise provide for all services necessary or convenient to the management, maintenance and operation of the Master Association Property. Services provided with respect to the Golf Course shall take into consideration the specialized requirements for automatic irrigation systems, landscape maintenance, and facility operation and management. (h) Easements and Rights-of-Way: To grant and convey to any third party, or public or quasi-public agency or body, easements and rights-of-way in, on, over or under any Master Association Property for the purpose of constructing, erecting, operating or maintaining thereon, therein or thereunder (i) overhead or underground lines, cables, wires, conduits, or other devices for the transmission of electricity for lighting or communication, heating, power, secu security system, telephone, cable television and other purposes, (ii)
public or private sewers, storm water drains and pipes, water systems, sprinkling systems, water, heating and gas lines or pipes, and (ii) any similer public or quasi-public improvements or facilities. (i) Transfer, Dedication and Encumbrance of the Master Association Property: To sell, transfer or encumber all or any portion of the Master Association Property to a person, firm or entity, whether public or private, and to dedicate or transfer all or any portion of the Master Association Property to any public agency, authority, or utility for public purposes. Except with respect to the granting of easements for public utilities or other public purposes, which shall not require a vote of the Members, no such sale, transfer, encumbrance or dedication shall be effective unless an instrument signed by the Secretary of the Association and approved by a Super-Majority of Owners or such greater percentage as may be required by law has been recorded, agreeing to such sale, transfer, encumbrance or dedication, and unless written notice of the proposed action is sent to every Member not less than thirty (30) days ner more than sixty (60) days in advance; provided, however, no such approval shall be required for any exchange of property with any state or federal government, board, or agency so long as the acreage
received by the Master Association in said exchange is consistent
with the development of the Planned Community and the land received is comparable (but not
necessarily equal) to the acreage deeded away. (j) Public Functions.
To perform, provide, maintain and pay for
any of the public services that are commonly with municipal or other local governments to the extent, if any, deemed desirable or appropriate by the Board. Such services may include, but shall not be limited to, the following: (i) Public transit, including bus service, tram or shuttle services, fixed rail transit or similar associated
public conveyances;
(ii) Maintenance of benches and shelter suitable for awaiting public transit;
(iii) Provision for public health services such as mosquito abatement and pest eradication; (iv) Disposal of solid waste including garbage collection services; (v) Animal shelter facilities including licensing and control of dogs, cats and other animals;
(vi) Child care facilities;
(vii) Maintenance and operation of public parks and other recreation facilities; (vii) Maintenance of services necessary to control crime and disorder and to protect Master
Association Properties from vandalism and trespass through guards, gates and fences and provisions of other security. measures; (ix) Fire protection services; (x) Ambulance services; and
(xi) Other similar services necessary or convenient for the proper functioning for the Planned Community.
(k) Create Classes of Service and Make Appropriate Charges:
To create, in its sole discretion, various classes of service and to make appropriate charges therefor to the users thereof, including but not limited to reasonable admission and other fees for the use of any and ail recreational facilities such as the Equestrian Facility, Recreational Pathway, softball
and soccer fields, lakes and, subsequent to assumption of operation by the Master Association, the Golf Course, or other facilities situated on Master Association Property, without being required to render such services to those of its Miembers who do not assent to the said charges and to such other Master Association Policies and Procedures as the Board deems proper. In addition, the Board shali have the right to discontinue any service upon non-payment, or to eliminate such service for which
there is no demand therefor or adequate funds to maintain and operate the same. 2.6 LIMITATIONS ON POWERS OF THE BOARD:
0098-0685
Notwithstanding the powers of the Master Association as set forth in Section 2.5, the Board shali not take any of the following actions witheut the prior vote or written consent of a Majority of Owners: (a) Contract for Goods or Services. Enter into a contract with a third person or entity wherein such person or entity will furnish goods
or services for the Master Association Property,
Special Upkeep Areas, or the Master Association itself
for a term longer than one year with the foliowing exceptions: (i) A contract with a public utility company if the rates charged for the materials or services are regulated by law or regulation of a public or quasi-public agency or body; provided, however, that the term of the contract shall not exceed the shortest term for which the supplier will contract at the regulated rate. (ii) Prepaid casualty and/or liability insurance policies of not to exceed three years duration provided that the policy permits short rate cancellation by the insured. (iii) A lease of furniture or equipment for the benefit of Members. (iv) A Management Agreement with respect to the operation of Master Association Properties for a term not to exceed three years; provided, however, that such agreement may be extended for additional three year periods upon approval of the Board.
Any agreement of the types specified in subparagraphs (i) thru (iv) may be terminated by the
Board without penalty if the Board gives not less than 30-day written notice to the other party, not later than 60 days after the turnover of administrative responsibility by Declarant pursuant to Section 2.4(j).
(b) Expenditure for Improvemenis.
Incur aggregate expenditures for capital improvements to the Master Association Property in any
Fiscal Year in excess of five percent (5%)of the budgeted gross expenses of the Master Association for that Fiscal Year. (c) Compensation to Directors or Offlcers.
Pay compensation to Directors or to officers of the Master Association for services performed in Board may cause a
the conduct of the Master Association's business; provided, however, that the
Director or an.officer to be reimbursed for expenses incurred in carrying on the business of the Master
Association.
(d) Vacancies on the Board. Fill any vacancy on the Board created by the removal or resignation of a Director, except as
provided in the Bylaws.
2.7 MASTER ASSOCIATION POLICIES AND PROCEDURES: By a majority vote of the Board, the Master Association may, from time to time, adopt, amend, and
repeal such Master Association Policies and Procedures as it may deem reasonable (the "Master Association Policies and Procedures"). The Master Association Policies and Procedures shall establish certain rules and
-regulations for the Planned Community and govern the use of the Master Association Property by the Members, or by any invitee, licensee or lessee of a Member or the family of such Members; provided. however that the Master Association Policies and Procedures may not discriminate among Members and shall not be inconsistent with this Declaration, the Articles or the By-Laws. A copy of the Master Association Policies and Procedures as they may from time to time be amended, adopted or repealed, shall be mailed or otherwise delivered by the Board to each Sub-Association for distribution to its members, as well as to each other Owner not additionally a member of a Sub-Association. Upon such mailing or delivery, the Master Association Policies and Procedures shall have the same force and effect as if they were set forth in and were a part of this Declaration. In the event of any conflict between any of the Master Association Policies and Procedures and any of the other provisions of this Declaration, or the Articles or the By-Laws, the provisions of the Master Association Policies and Procedures shall be deemed to be superseded by the provisions of this Declaration, the Articles or the By-Laws to the extent of such inconsistency. 2.8 PERSONAL LIABILITY: No member of the Board, officer or agent of the Master Association, or member of the Environmental Control Committee, or Declarant, shall be personally liable to any Owner, or to any other party, including the Master Association, for any damage, loss or prejudice suffered or claimed on account of any act, omission, error or negligence of the Master Association, the Board, the Environmental Control Committee, the Manager or any other representative or employee of the Master Association or of Declarant, provided that such person has, upon the basis of such information as may be possessed by him, acted in good faith, and
0098-0686 duct.
without willful or intentional miscon ATION FORMATION: 2.9 PROVISION FOR SUB-ASSOCI ty and/or subsequent annexed to time a portion of the Proper Declarant contemplates that from time developed as Condominiums, Vacation ation Annexable Property may be
portions of the Master Associ and that certain common and Homesite planned communities, ed by the annexing Resort Ownership Units, or Estate be constructed in, the areas cover
ed properties. In such recreational facilities contained owners of such annex be for the exclusive use of the Owners a Sub-Association of supplemental Declarations will for (i) de provi , ration shall, among other things annexed use portions of the sive event, such Supplemental Decla exclu such of ational areas common and recre therefor to such to maintain and repair the the payment of assessments n Annexable Property, (ii) for e which may have portion of the Master Associatio rate architectural or environmental control committe a sepa e to the jurisdiction Sub-Association, and (ii) for jurisdiction shall be subordinat mbered property, but such Supplemental Declaration may such ion, jurisdiction over all such encu addit In V. le Artic other ol Committee of n, Special Upkeep Areas and of the Environmental Contr within, or to
the Master Associatio Areas for the benefit of ation and its members; designate Restricted Use benefits of such Sub-Associ ed use, enjoyment, and the to icted restr Article Il shall not be limit areas limited use as set forth in this ion ciat Asso er s of the Mast provided, however, that the right recited therein. ically thereby, whether or not specif ORITY: N AND MANAGEMENT AUTH maintenance, repair and 2.10 SPECIAL OPERATIO operation, administration,
The of the Master (a) Equestrian Facility Area. the exclusive responsibility trian Facility Area shall be the Board shall n, ratio Decla replacement of the Eques this in sions notwithstanding any other proviate all or a portion of its responsibilities in Association; provided, that
have the right to lease
connection therewith
and deleg the Equestrian Facility Area third party.
to the Declarant or any
manager conduct, or may engage a and on terms it judges ent, ngem arra other or , contract, lease, share-crop its discretion
(b) Farming Operations. The
or
Master Association may
operator to conduct, thro n Property which the Board tions on Master Associatio reasonable, any farming opera ers. Memb its desirable for the benefit of ugh
deems necessary or 2.11 GOLF COURSE:
c. Subject to the conditions
in
and limitations set forth
in this
s, as wel! as (a) Use by Members; Invitees; Publi its agents and employee and guests, the Manager,
er, his famiy ive license for use and Section 2.11 every Memb Lots shall have a non-exclus of Owners of Commercial all licensees and invitees oved and devoted to use as a impr is se Cour Golf such d se during the perio however, to enjoyment of the Golf Cour e or operator thereof; subject, iation and/or by the lesse ver, that Golf Course by the Master Assoc in this Section and in Section 9.8; further provided, howe rant may allow those rights reserved by Decla thereof, such lessee or operator tor opera or lessee a to d e is lease so long as the Golf Cours the same. the general public to use period the Golf Course is leased to r Association, or during the for the use (b) Fees and Charges. The Maste lish user fees and charges or operator, may estab e lesse such of, tor there fees charged to
a lessee or opera ise of this right the provided, however, that in the exercthe public as a whole. All goods and of the Golf Course facilities; than the fees charged able favor less not be shall respect to the the Members n, its lessee or operator with ers by the Master Associatio the generality of the ing services offered to the Memb limit ut witho user; such rage ct to separate charge to each Golf Course may be subje rentals, caddy fees, food and beve ges may include green fees, cart Golf Course. foregoing, such separate char the at sale for ed offer purchase of personal property
service, and
ARTICLE III
ASSESSMENTS ON FOR ASSESSMENTS: AND PERSONAL OBLIGATI equent Owner of nants, and each subs est owned, hereby cove Inter in rty Prope Real it shall be so expressed not or Declarant, for each her whet for, there est by acceptance of a Deed est owned, to pay to the Inter rty Prope such Rea! Property Inter Real such e, for each to covenant and agre er Association (if so such Deed, is deemed ation for the benefit of the Mast applicable, to a Sub-Associ al Assessments, Speci s, Master Association, or, as sment Asses al Annu Supplemental Declaration), shall be provided in the governing Tax Assessment, all of which 3.1 CREATION OF THE LIEN
ial Assessments, and Property Property Taх Emergency Assessments, Remed al, Special, Emergency and hereinafter provided. The Annu as cted colle and established, made
0098-0687
Assessments, together with interest, costs and reasonable attorneys' fees, shall, when perfected, by the recordation of a notice of assessment in accordance with the provisions of Section 3.10(c), be a charge on
the land and shail be a continuing lien upon the Real Property Interest against which such assessment is made. Each such assessment, together with interest, costs and reasonable attorneys' fees, shall also be a personal obligation of the person who is the Owner of such Real Property Interest at the time when the assessment becomes due and payable. The personal obligation for delinquent assessments shall not pass to
successors in title unless expressly assumed by them; however, all perfected liens shall be liens on the interests of successive Owners of the Real Property Interests subject thereto. No Owner may waive or otherwise escape liability for the assessments provided for in this Declaration by non-use of the Master
Association Property, or any part thereof, or abandonment of his Real Property Interest.
3.2 PURPOSES OF ASSESSMENTS:
Assessments levied shall be used exclusively to promote the recreation, health, safety and welfare of
the residents of the Planned Community, the improvement, operation and maintenance of the Master Association Property and Special Upkeep Areas and the performance of the duties of the Master
Association as set forth in this Declaration. 3.3 OPERATING FUND:
as:
There shall be an operating fund, into which the Master Association shall deposit all monies paid to it
(a) Annual Assessments (except the portion designated as Reserve Expenses); (b) Special Assessments; (c) Emergency Assessments
(d) Remedial Assessments;
(e) Use fees paid by users of recreational facilities; (f) Miscellaneous fees;
(g) Income attributable to the operating fund;
and from which the Master Association shall make disbursements in performing the functions for which the
foregoing assessments are levied.
3.4 ASSESSMENT ROLL AND ASSESSMENT ALLOCATION:
(a) Record Keeping. An assessment roll shall be accurately maintained and available in the office
of the Master Association for inspection at all reasonable times by any Member or his duly authorized representative. Said assessment roll shall indicate for each Real Property Interest the name and address of the Owner(s) thereof, all assessments levied against each such Owner(s), and the amount of
said assessments, paid and unpaid.
(b) Apportionment of Assessments and Allocation of Units. The Annual Assessment shall Units ("CAU") which is intended to provide
consist of a component based on Common Assessment
funds to pay all the common expenses of the budget, and one or more components based on Special Services Assessment Units ("SSAU"), each such component intended to provide funds to pay all the expenses of the budget attributable to a Special Upkeep Area, and shall be as foilows: (i) Each Assessable Estate Homesite, Condominium and Vacation Resort Ownership Unit shall be charged with one CAU unit and each Commercial Lot shall be charged with four CAU units. (ii) Assessable Estate Homesites, Commercial Lots, Condominiums and Vacation Resort
Ownership Units encumbered by a Supplemental Declaration establishing one or more Special Upkeep Areas for maintenance by the Master Association shall be allocated, in addition to the number of CAU units determined in accordance with the preceding subsection, a nurriber of SSAU units applicable to each such Special Upkeep Area in order to pay for the cost of maintenance thereof and to provide reserves therefore. Unless a different method of allocating SSAU units shall be established in the applicable Supplemental Declaration the number of SSAU units allocated to each applicable Real Property Interest on account of each such Special Upkeep Area shall be equal to the number of CAU units attributable to such Real Property Interest. (ii) In the event that an Emergency or Special Assessment is determined by the Board to be required, such Emergency er Special Assessment may be allocated based on the CAU formula, on the SSAU formuia, or in the same manner as the Annual Assessment (combining the CAU and SSAU) as the Board in its discretion deems most equitable to spread the burden in relation to those Owners benefited.
3.5 ANNUAL ASSESSMENTS:
(a) Levy and Enforcement of Annua! Assessments:
Annual Assessments shall be made, and enforced, by the Board in the manner provided in this Declaration against the Owners of all Real Property Interests, including Deciarant.