HomeMy WebLinkAboutMiscellaneous APPLICANT 1/20/2010
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Division of chief1ltPUlY Clerk
Lane Counly Deeds and Reeords
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After Recording Return to:
Hayden Homes, LLC
Attention: Tammy Harty
2464 SW Glacier Place, Suite 110
Redmond, Oregon 97756
1111111111111111111111111111111111111111111111111 $587,00
01121910200900705761101104
12/23/2009 09:07:24 AM
RPR-REST Cnl=l Sln=9 CRSHIER 06
$550.00 $10.00 $11.00 $16.00
DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS
AND RESTRICTIONS FOR WESTWIND ESTATES
THIS DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS AND
RESTRICTIONS FOR WESTWIND ESTATES (this "Declaration"), made effective upon its
recording in Lane County, Oregon, is executed on the date hereinafter set forth by HAYDEN
HOMES, LLC, an Oregon Limited Liability Company ("Declarant").
WITNESSETH
Declarant is the developer of certain real property located in the City of Springfield, Lane
County, Oregon and more particularly described on attached Exhibit A (the "ProperlY"); and
Declarant desires to develop the Property as a Class I planned community known as
WESTWIND ESTATES (the "Subdivision"), as shown on the duly recorded plat. The Subdivision
is subject to the Oregon Planned Community Act, being ORS 94.550 to 94.783.
NOW THEREFORE, the Declarant declares that the Property shall be held, sold,
hypothecated, and conveyed subject to the covenants, conditions, and restrictiolls declared
below, which shall be deemed to be covenants running with the land and imposed on and
intended to benefit and burden each lot and other portions of the Property in order to maintain
within the Property a community of high standards. Such covenants shall be binding on all
parties having any right, title or interest therein or any part thereof, their respective heirs,
personal representatives, successors and assigns, and shall inure to the benefit of each owner
thereof.
ARTICLE 1 - DEFINITIONS
1.1 "Act"
"Act" shall mean the Oregon Planned Community Act, being ORS 94.550 et seq., as
amended from time to time.'
1.2 "Additional Property"
"Additional Property" shall mean any additional property annexed to the Subdivision and
made subject to the terms of this Declaration.
RECE;VED
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1 - Declaration of Protective Covenants, Conditions and Restrictions
PDX/II ] SI3/153678/RSB/528635U.2
JAN ~ 0 2010
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1.3 "Annual Assessments"
"Annual Assessments" shall mean Base Assessments, Reserve Account Assessments, and
any Specific Assessments which may be levied by the Association in each of its fiscal years
pursuant to the terms of Article 3.
1.4 "ARC"
"ARC" shall mean the architectural review committee established pursuant to the terms
of Section 7, I.
1.5 "Association"
"Association" shall mean the Westwind Estates Homeowners Association, an Oregon
nonprofit corporation, established for the purposes set forth herein,
1.6 "Base Assessments"
"Base Assessments" shall mean the assessments imposed upon all Lots for services'
rendered or expenses incurred by the Association pursuant to the terms of Section 3,2.
1. 7 "Board"
"Board" shall mean the Board of Directors of the Association,
1.8 "Builder"
"Builder" shall mean any individual or company who purchases one or more Lots for the
purpose of constructing Units for resale to consumers in the ordinary course of its business.
1.9 "Bylaws"
"Bvlaws" shall mean the Bylaws of the Association, as amended from time to time. The
Bylaws shall be adopted pursuant to ORS 94.625 and recorded in the Deed Records of Lane"
County, Oregon, A copy of the Bylaws is attached as Exhibit B.
1.10 "City"
"City" shall mean the City of Springfield, Oregon,
1.11 "Common Areas"
"Common Areas" shall mean those portions of the Property owned or leased by the
Association for the common use and benefit of the Owners.. The definition of "Common Areas"
specifically excludes Lots. The legal description of the Common Areas is set forth on attached
Exhibit C. 1"'"'" :'-=,~ "ff"", , 'if. 'F D
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JAN202010
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2 - Declaration of Protective Covenants, Conditions and Restrictions By:
PDXlI1ISI3/153678/RSB/S286350.2
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1.12 "Common Maintenance Areas"
"Common Maintenance Areas" shall mean the Common Areas, and shall also mean any
areas within public rights-of-way or located on adjacent property that the Board is required to
maintain pursuant to the terms of this Declaration or which the Board deems necessary, desirable
or appropriate to maintain for the common benefit of the Owners.
1.13 "Conversion Date"
"Conversion Date" shall be the date upon which Class B membership shall cease and be
converted to Class A membership. Such date shall be the date which is the earlier of (i) the date
at which seventy-five percent (75%) of the total Lots anticipated to be created within the
Subdivision have been conveyed to Class A members; (ii) ten (10) years after conveyance of the
first Lotto a Class A member; or (iii) upon written election of Declarant.
1.14 "County"
"County" shall mean Lane County, Oregon.
1.15 "Declarant"
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"Declarant" shall ~ean Hayden Homes, LLC, an Oregon Limited Liability Company, its
successors and assigns, who are designated as such in writing by Declarant, and who consent in
writing to assume the duties and obligations of the Declarant with respect to the Lots acquired by
such successor or assign.
1.16 "Declaration"
"Declaration" shall mean this Declaration of Protective Covenants, Conditions, and
Restrictions for Westwind Estates and any amendments and supplements thereto made in
accordance with its terms.
1.17 "Design Guidelines"..
"Design Guidelines" shall mean the design guidelines adopted by the ARC pursuant to
Section 7.2, as amended or modified from time to time.
1.18 "Directors"
"Directors" shall mean the members of the Board.
1.19 "Governing Documents"
"Governing Documents" shall mean this Declaration and the Article ofIncorporation,
Bylaws and Rules and Regulations of the Association,;ll as may be amended from time to time.
RECEjVED
JAN Z 0 2010
3 - Declaration of Protective Covenants, Conditions and Restrictions
PDXlII 15131l53678/RSB/5286J50.2 .
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1.20 "Improvement"
"Improvement" shall mean every structure or improvement of any kind, including, but
not limited to, a Unit, landscaping, patios, decks, fences and walls (including retaining walls),
driveways, sidewalks, fixtures, storage shelters, pools, hot tubs, athletic facilities or other
products of construction efforts (including painting, alterations, and reconstruction).
1.21 "Lot"
"Lot" shall mean the plots ofland indicated as such on the Plat. The term "Lot"
specifically excludes Cornmon Areas.
1.22 "Mortgagee"
"Mortgagee" shall mean the holder of any recorded mortgage, or the party secured or
beneficiary of any recorded deed oftru.st, encumbering one or more of the Lots. "Mortgage," a.'l
used herein, shall include deeds of trust. "First Mortgagee" as used herein, shall mean a holder of
a mortgage with priority over other mortgages. As used in this Declaration, the term
"Mortgagee" shall mean any mortgagee and shall not be limited to institutional mortgagees. As
used in this Declaration, the term "institutional mortgagee" or "institutional holder" shall include
banks, trust companies, insurance companies, mortgage insurance companies, savings and loan
associations, trusts, mutual savings banks, credit unions, pension funds, mortgage companies,
Federal National Mortgage Association, Federal Home Loan Mortgage'Corporation, all
corporations and any agency or department of the United States Governnient or of any state or
municipal government. As used in this Declaration, the term "holder" or "mortgagee" shall
include the parties secured by any deed of trust or any beneficiary thereof.
1.23 "Owner"
"Owner" shall mean the record owner, whether one or more persons or entities, of fee
simple. title to any Lot, including contract sellers, but excluding those having an interest merely
as security for the performance of an obligation. .
1.24 "Plat"
"Plat" shall mean the duly recorded plat of Westwind Estates recorded in the plat records
of Lane County, Oregon contemporaneously herewith.
1.25 "Property"
"Propertv" shall mean the real property described on the attached Exhibit A, plus such
Additional Property as may be made subject to this Declaration, hut excluding any real property
removed from the jurisdiction of this Declaration.
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JAN 20 2010
4 - Declaration of Protective Covenants, Conditions and Restrictions
PDX/II1513/153678/RSB/5286350.2
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1.26 "Reserve Account Assessments"
"Reserve Account Assessments" shall mean assessments established pursuant to the
terms of Section 3.3.
1.27 . "Rules and Regulations"
"Rules and Regulations" shall mean the rules and regulations adopted by the Association
from time to time in accordance with Article 12 of the Bylaws.
1.28 "Special Assessments"
"Special Assessments" shall mean any special charges established pursuant to the terms
of Section 3.5.
1.29 ,"Specific Assessments".
"Specific Assessments" shall mean the charges imposed upon some, but less than, all
Lots for services rendered or expenses incurred pursuant to Section 3.4.
1.30 "Stormwater Maintenance Agreement"
"Stormwater Maintenance Agreement" shall mean that certain City of Springfield
Stormwater Treatment Facilities Operation and Maintenance Agreement and Grant of Easement
between the City and Declarant, recorded in the Public Records for Lane County, Oregon, which
concerns maintenance of the stormwater management facilities located on Tract B, Westwind
Estates.
1.31 "Subdivision"
"Subdivision" shall mean Westwind Estates, as the same may be modified, expanded or
contracted pursuant to the terms of this Declaration.
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1.32 "Transitional Advisory Committee"
"Transitional Advisorv Committee" shall mean the committee described in Section 4.2 of
the Bylaws.
1.33 "Turnover Meeting"
"Turnover Meeting" shall mean the meeting of the Owners called to turn over control of
the Association to the Class A members, as further described in the Bylaws.
1.34 "U nit"
"Unit" shall mean any residential dwelling situated on a Lot intended for occupancy by a
single family including, without limitation, a single family home. R E eEl V ED
ARTICLE 2-ASSOCIATION
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5 - Declaration of Protective Covenants, Conditions and Restrictions
PDXllII5131I53678/RSB/5286350.2 '
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2.1 Membership. The Declarant and every other Owner of a Lot by virtue of
ownership of such Lot shall be a member of the Association. Membership in the Association
shall be appurtenant to and shall not be separated from oW1}ership of ariy Lot. Transfer of
ownership of a Lot shall automatically transfer membership in the Association. Without any
other act or acknowledgment, Owners shall be governed and controlled by the Governing
Documents. There shall be two (2) classes of membership in the Association, Class A and Class
B as described in Section 2.2.
2.2 V otinl! Ril!hts. The Association shall have two (2) classes of voting
membership:
2.2.1 Class A
Class A members shall be all Owners with the exception of Declarant (provided
that Declarant shall become a Class A member from and after the Turnover Date) and shall be
entitled to one (1) vote for each Lot owned. When more than one (1) person holds an interest in
any Lot, all such persons shall be members, but the vote for such Lot shall be exercised as they
among themselves determine, and in no event shall more than one (I) vote be cast with respect to
any Lot. If the co-Owners of a Lot cannot agree upon the vote, the vote of the Lot shall be
disregarded in determining the proportion of votes with respect to the particular matter at issue.
2.2.2 Class B
The Class B member shall be the Declarant, who shall be entitled to three (3)
votes for each Lot it owns. The Class B membership shall terminate and become converted to
Class A membership on the Conversion Date.
2.3 Suspension. All voting rights of an Owner shall be suspended during any period
in which such Owner is delinquent in the payment of any assessment duly established pursuant
to Article 3 or is otherwise in default under the Governing Documents. The Board may also
suspend an Owner's rights to use the Common Areas during such period of default.
ARTICLE 3---"- ASSOCIA nON FINANCES
3.1 Budl!etinl!.
3.1.1 At least sixty (60) days before the beginning of each fiscal year, the
Board shall prepare a budget of the estimated operating expenses of the Association for the
coming year. The estimated expenses in the budget shall include, in addition to operating
reserves, a contribution to the Reserve Account determined in accordance with the terms of
Section 3.3 below. The budget shall also reflect the sources and estimated amounts of fonds to
cover such expenses, which may include any surplus to be applied from prior years, any income
expected from sources other than assessments levied against the Lots, and the amount estimated
to be generated through the levy of assessments against Lots. Finally, the budget shall
differentiate between expenses applicable to all Lots versus expenses applicable to some, but not
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6 - Declaration of Protective Covenants, Conditions and Restrictions 8
PDXlII 1513/153678/RSB/5286350,2 y:
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Estimated operating expenses and Reserve Account Assessments applicable to all
Lots shall be allocated among such Lots as Base Assessments pursuant to Section 3.2 below,
while estimated operating expenses and Reserve Account Assessments applicable to some, but
not all Lots, shall be allocated among the affected Lots as Specific Assessments pursuant to
Section 3.4 below. '
3.1 ,2 The Board shall send a copy of the final budget, together with notice
of the amount of the Base Assessment and Specific Assessment to be levied pursuant to the
budget, to each Owner within thirty (30) days after the adopting the budget. The budget shall
automatically become effective unless disapproved by the vote of a majority of the Class A
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Members, '
The Association has no obligation to call a meeting for purposes of considering
the budget, but the Owners may call a special meeting for such purposes as provided in the
Bylaws. If any proposed budget is disapproved or the Board fails for any reason to determine the
budget for any year, then the budget most Tecently in effect shall continue in effect until a new
budget is determined. '
3.].3 The Board may revise the budget and adjust the assessments levied
pursuant thereto from time to time during the year, subject to the same notice and right to
disapprove the revised budget as set forth above.
3.2 Base Assessments. Upon determining the total amount of income required to be
generated through the levy of Base Assessments as provided in Section 3,1, the Association shall
allocate such amount equally ,among all Lots subject to assessment (as determined by Section 3.7
below) on the effective date of the budget. The amount allocated to each Lot shall then be levied
as a Base Assessment.
Declarant may, but is not obligated to, reduce the Base Assessment for any fiscal
year by payment of a subsidy, which maybe either a contribution, an advance against future
assessments due from Declarant, or a loan, as determined by Declarant in its sole discretion,
Any such subsidy shall be disclosed as a line item in the income portion of the budget. Payment
of such subsidy in any year shall not obligate Declarant to continue payment of such subsidy in'
future years, unless otherwise provided in a written agreement between the Association and
Declarant.
3.3 Replacement Reserve Assessments.
3,3, I As a part of any Annual Assessment the Board shall obtain from
Owners contributions for a reserve account (the "Reserve Account") established for all items of
property included within the Common Maintenance Areas which will normally require m~or
maintenance, repair or replacement, in whole or in part, in more than one (I) and less than thirty
(30) years, for exterior painting (if the Common Maintenance Areas includes exterior painted
surfaces), and for other items, whether are not included within the definition of Common
Maintenance Areas if the Association has responsibility to maintain; provided, however, that the
Reserve Account need not include items that could reasonably be funded from Base Assessments
or Specific Assessments or other funds or accounts ofthe Association, or iteR~cr:: I V ED
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7 - Declaration of Protective Covenants, Conditions and Restrictions
POX/III; 13!l;3678IRSB/;2863;O,2'
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Owners (and not the Association) are responsible for maintenance, repair and replacement under
the terms of the Governing Documents.
3.3.2 The Declarant shall conduct an initial reserve study (a "Reserve
Study") and initial maintenance plan (a "Maintenance Plan") to determine the Reserve Account
requirements. The Reserve Study shall include: (a) identification of all items for which reserVes
are or will be established; (b) include the estimated remaining useful life of each item as of the
date of the Reserve Study; and (c) include for each item, as applicable, an estimated cost of
maintenance, repair and replacement at the end of the item's useful life. The Maintenance Plan
shall: (i) describe the maintenance, repair and replacement to be conducted; (ii) include a
schedule for the maintenance, repair and replacement; (iii) be appropriate to the size' and
complexity of maintenance, repair and replacement responsibility; and (iv) address issues that
include, but are not limited to, warranties and the useful life of the items for which the
Association has maintenance, repair and replacement responsibility. The Board shall thereafter
conduct an annual Reserve Study or review and update an existing Reserve Study to determine
the Reserve Account requirements. The BOard shall also review and update the Maintenance
Plan as necessary.
3.3.3 Contributions to the Reserve Account ("Reserve Account
Assessments") shall be in an amount (i) initially determined by Declarant based upon the results
of the initial Reserve Study or other reliable information and (ii) thereafter by the Board from
time to time based on the results of the annual Reserve Study (or review and update of an
existing Reserve Study). Reserve Account Assessments shall be allocated to Lots pursuant to
Section 3.2 (Base Assessments) and Section 3.4 (Specific Assessments) of this Declaration, as
applicable, and shall be paid to the Association monthly, quarterly or annually as determined by
the Board.
Reserve Account Assessments paid into the Reserve Account are the
property of the Association and are not refundable to sellers or Owners of Lots. The Reserve
Account must be a separate account holding only Reserve Account Assessments and other funds
intended to be used for the same purpose maintained a federally insured bank or other depository
institution with branches in Oregon, and any funds in the Reserve Account may be expended
only.for the purposes for which the Reserve Account was established as described above.
3.3.4 After the Turnover Meeting, the Board may borrow funds from the
Reserve Account to meet high seasonal demands on the Association's regular operating fund or
to meet unexpected increases in expenses if the Board .has adopted a resolution, which may be an
annual continuing resolution, authorizing the borrowing of such funds. Not later than the
adoption of the budget for the following year, the Board shall adopt by resolution a written
payment plan providing for repayment of the borrowed funds within a reasonable period oftime.
3.3.5 At any time after the second (2nd) year after the Turnover Meeting,
future replacement reserve assessments for the Reserve Account may be increased or reduced by
the vote of Owners of Lots representing seventy-five (75%) of the Owners.
3.3.6 Nothing in this Section 3.3 prohibits the prudenti!ii~;~m1e~ftt"Otb ft Vl?=' D
Reserve Account funds, subject to any constramts Imposed by the BoardoDth~~9.V~n~""" ~ t:
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8 -Declaration of Protective Covenants, Conditions and Restrictions
PDXlll15131l53678/RSB/5286350.2
JAN 20 2010
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3.4 Specific Assessments. The Association shall have the authority to levy
assessments to satisfy the expenses of undertaking a particular project or effort that benefit some,
but less than all, of the Lots (such assessments, "Specific Assessments"). Specific Assessments
shall be allocated equally against the Owners of those Lots that benefit from the project, effort or
other specific undertaking by the Association, unless the Association, in its reasonable discretion
determines another method of apportionment more accurately reflects the benefit received by
such Owners.
3.5 Special Assessments. In addition to the Base Assessments authorized above, the
Board may levy "Special Assessments" against an Owner or all Owners in the following manner
for the following purposes:
(a) To correct a deficit in the operating budget, by vote of a majority of the
Board;
(b) To collect additional amounts necessary to make repairs or renovations to
the Common Areas or Common Maintenance Areas if sufficient funds are not available from the
operating budget or Reserve Account, by vote ofa majority of the Board; and.
(c) To make capital acquisitions, additions or improvements, by vote of
Owners holding at least sixty percent (60%) of the voting rights of the Association.
Special Assessments shall be imposed against all Lots in the same proportion as Base
Assessments as provided in Section 3.2 above. .
3.6 Reimbursement Assessments. The Association shall have the authority to levy a
reimbursement assessment (each, a "Reimbursement Assessment") against any Owner and such
Owner's Lot if (a) a failure to comply with this Declaration or the other Governing Documents
has necessitated an expenditure of monies by the. Association to effect compliance or resulted in
the imposition of a fine or penalty against such Owner or such Owner's Lot; or (b) corrective
action of the Association has necessitated an expenditure of monies by the Association as a result
of the willful or negligent actions or omissions of such Owner or such Owner's family members,
tenants, guests, contractors or invitees. A Reimbursement Assessment, together with interest,
costs, and reasonable attorney's fees, shall be due and payable to the Association when levied~ A
Reimbursement Assessment shall not be levied by the Association except on at least ten (10)
days' prior written notice to the Owner being assessed. If, within said ten (10) day period, the
Owner makes a wri tten request to the Board for a hearing, a hearing shall be held. On request for
a hearing, the Board shall conduct the hearing not less than ten (10) nor more than thirty (30)
days after the request by the Owner, and shall make its decision within thirty (30) days after the
. hearing is held~ If a notice has been previously given, and tIie hearing has already been held or
waived (in writing or by the Owner's failure to appear) for the violation resulting in the
Reimbursement Assessment, no additional notice and hearing is required before levying the
.Reimbursement Assessment.
3.7 Commencement of Assessments.
. 3.7.1 .. Base Assessments and Specific Assessments. Declarant shall pay all
operating e~Penses of the Association until the Lots are assessed for Base Assessments and
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9 - Declaraii~n of Protective Covenants, Conditions and Restrictions Ile= . .
PDX/111513/153678/RSB/5286350.2
JAN :t 0 2010
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Specific Assessments as provided herein. The date of commencement of Base Assessments and
Specific Assessments on the Lots (excluding any Lots owned by Declarant or a Builder, which
shall be exempt as provided below) shall be determined by Declarant; however, in no event shall
it commence later than the Turnover Meeting or if no Turnover Meeting is held, the date on
which administration of the Association is turned over to the Class A Members.
Once the Lots are assessed for Base Assessments and Specific Assessments as
provided above, any Lot owned by Declarant, a successor declarant or a Builder is exempt from
the payment of Base Assessments and Specific Assessments; Base Assessments and Specific
Assessments shall commence as to a Lot owned by Declarant, a successor declarant or a Builder.
as of the date such Lot is conveyed to an Owner other than Declarant, a successor declarant or a
Builder.
3.7.2 Reserve Account Assessments. Reserve Account Assessments
commence as to a Lot as of the date Declarant, a successor declarant or a Builder (as applicable)
conveys the Lot to an Owner other than Declarant, a successor declarant or a Builder; Declarant,
a successor declarant and a Builder are exempt from the payment of Reserve Account
Assessments.
3.7.3 All Other Assessments. Special Assessments and Reimbursement
Assessments shall commence as to a Lot as of the date Declarant, a successor declarant or a
Builder (as applicable) conveys the Lot to an Owner other than Declarant, a successor declarant
or aBuilder; Declarant, a successor declarant and a Builder are exempt from the payment of
Special Assessments and Reimbursement Assessments.
3.8 Obli2ation for Assessments. Each Owner, by accepting a deed for his, her or
their Lot, is deemed to covenant and agree to pay all assessments authorized in this Declaration
or other Governing Documents. All assessments, together with interest, fines and late charges as
determined by Board resolution, and collection costs (including reasonable attorneys' fees), shall
be the personal obligation of each Owner and a lien upon each Lot until paid in full. Upon
transfer of title to a Lot, the grantee shall be jointly and severally liable for any assessments and
other charges due at the time of conveyance. '. The Association may sue any person liable for
unpaid assessments and other charges authorized hereunder without foreclosing or waiving the
lien securing the same.
Failure of the Board to fix assessment amounts or rates or to deliver or mail each
Owner an assessment notice shall not be deemed a waiver, modification or release of any Owner
from the obligation to pay assessments. In such event, each Owner shall continue to pay Annual
Assessments on the basis of the last year for which an assessment was inade, if any, until a new
budget becomes effective and a new assessment is levied pursuant thereto. Any such budget
may include as an expense item any shortfall in amounts previously collected.
No Owner may exempt himself from liability for assessments by non-use of the
Common Areas, abandonment of his or her Lot, or any other means. The obligation to pay
assessments is a separate and independent covenant on the part of each Owner. No diminution
or aba~e~ent of assessments or set-off shall be claimed or a1low~d for an? all~~~~!::!,'I.\Ire, ;pf,the~ ~,! F, D'
ASSOCiation or Board to take some actIOn or perform some funcllon reqUlred!pfllt;' or f<;ir 1J ~= ~ ' , fi"""
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10 - Declaration of Protective Covenants, Conditions and Restrictions
PDX/II 1513/153678/RSB/5286350.2
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inconvenience or discomfort arising from the making of repairs or improvements, or from any
other action it takes.
3.9 Lien,for Assessments. The Association shall have a lien against each Lot to
secure payment of delinquent assessments, as well as interest, fines and late charges as
determined by Board resolution, and collection costs (including reasonable attorneys ' fees).
Such lien shall.be superior to all other liens, except (a) liens for real estate taxes and assessments
and other levi~s which by law would be superior; and (b) the lien ()f any recorded first Mortgage
made in good faith and for value. Such lien, when delinquent, may be foreclosed as provided in
ORS 94.709 after the Association records a notice of lien containing the information required by .
and otherwise complying with the requirements ofORS 94.709 (2) and (3) in the deed records
for Lane County, Oregon.
The Association may bid forthe Lot at the foreclosure sale and acquire, hold,
lease, mortgage and convey the Lot. While a Lot is owned by the Association following
foreclosure: (a) no right to vote shall be exercised on its behalf; (b) no assessments shall be
levied on it; and (c) each other Lot shall be charged, in addition to usual assessments, its pro rata
share of the assessments that would have been charged to such Lot had it not been acquired by
the Association.
Sale or transfer of any Lot shall not affect the assessment lien or relieve such Lot
from the lien for any subsequent assessments. However, the sale or transfer of any Lot pursuant
to foreclosure of a First Mortgage or any proceeding in lieu thereof for the benefit of any First
Mortgagee shall extinguish the lien of such assessments as to payments which became due prior
to such sale or'transfer. No sale or transfer shall relieve such Lot from liability as to any .
assessments thereafter becoming due or from the lien thereof. Notwithstanding the foregoing, no
sale or transfer of any Lot pursuant to a mortgage foreclosure or any proceeding in lieu thereof
for the benefit of any First Mortgagee shall be deemed to extinguish any mortgage or lien which
the Association has itself placed upon any property owned by the Association.
3.10 Interest; Late Fees; Fines. The Board, in its reasonable discretion, may from
time to time adopt resolutions to set the rate of..interest and to impose late fees and fines on
delinquent assessments or for violations of the provisions of this Declaration or other Governing
Documents as permitted by and subject to the requirements of ORS 94.630(1 )(n). The adoption
of such impositions by the Board shall be communicated to all Owners in writing not less than
thirty (30) days before the effective date by a notice mailed to the address of the Owners as .
contained in the records of the Association. Such impositions shall be considered assessments
that are lienable and collectible in the same manner as any other assessments; provided, however,
that fines (but not interest or late fees) for violation of this Declaration or other Governing
Documents may not be imposed against an Owner or such Owner's Lot until the Owner is given
an opportunity for a hearing as required by ORS 94.630(1)(n).
3.11 Acceleration of Assessments. If an Owner is delinquent in payment of any
assessment or installment on any assessment, the Association, on not less than ten (10) days'
written notice to the Owner, may accelerate the due date of the full annual assessment for that
fiscal.year and all future installments of any Special Assessments.
RECEIVED.
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II - Declaration of Protective Covenants, Conditions and Restrictions
PDXllI 15131153678/RSB/5286350.2
JAN ~ 0 2010
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3.12 Certificate ofPavrnent. The Association shall provide, within ten (10) business
. days of receipt of a written request from an Owner, a certificate signed by an officer of the
Association setting forth (i) the amount of assessments due from the Owner and unpaid at the
time the request is received, including Annual Assessments and all other assessments authorized
in this Declaration, late fees, interest, fmes and other charges, (ii) the percentage rate at which
interest accrues on assessments that are not paid when due, and (iii) the percentage rate used to
calculate the charges for late payments; provided, however, that the Association is not required
to comply with the foregoing if the Association has commenced litigation by filing a complaint
against an Owner and the litigation is pending when the certificate would otherwise be due. A
properly executed certificate of the Association shall be binding upon the Association as of the
date of its issuance as to the status of assessments on a Lot.
3.13 . Reallocation Upon Annexation of Additional Property. When Additional
Property is annexed to the Subdivision, the Association shall, within sixty (60) days after the
annexation, recompute the budget based upon the additional Lots, Cornmon Areas and Common
Maintenance Areas and recompute all applicable 'assessments for each Lot. Newly annexed Lots
shall be subject to assessment from the time of annexation of such Lots to the Subdivision,
unless a later date is provided in this Article 3. The Association shall send notice of any
applicable assessment to the Owners of newly annexed Lots not later than sixty (60) days after
the annexation or with the next occurring Annual Assessment, whichever is sooner. Assessments
shall be due and payable on or before a date set forth in the notice which shall be not less than
thirty (30) days after the date the notice is mailed or at such other time or times as the
Association may speciry in the notice in accordance with this Declaration or the Bylaws. If
Additional Property is annexed to the Subdivision during the Association's fiscal year, the
Associatio'n shall send notice of and shall collect adjustments to assessments for Lots which were
within the Subdivision prior to the annexation. Notice of the adjustment in the assessments shall
be sent to such Owners not later than sixty (60) days after the annexation or with the next
occurring Annual Assessment, whichever is sooner. To the extent that any adjustment results in a
credit with respect to assessments payable by an.Owner, such credit shall be applied toward the
next occurring payment or payments of the applicable assessment.
3.14 No Reimbursement to Declarant. The proceeds of any assessments shall not be
used to reimburse Declarant for any capital expenditures incurred in construction or other
improvements of Common Areas or Common Maintenance Areas, nor for the operation or
maintenance of such facilities incurred before conveyance of such cornmon facilities to the
Association.
ARTICLE 4 -- !,:ASEMENTS AND RIGHTS OF ENTRY
4.1 Plat Easements. The Property shall be subject to all easements delineated ort the
Plat.
4.2 Owners' Easements in Common Areas. Declarant grants to each Owner a
perpetual, nonexclusive right and easement of use, access and enjoyment in and to the Cornmon
Areas, s~bject to the restrictions and limitations set forth in this Article and,els~'Yherre i~ this,.." '" '..,
DeclaratiOn. L' .: 11'= V= s \~ II FD'~ .
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fi2> DehJ~tion of Protective Covenants, Conditions and Restrictions 8
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PDX/I11513/153678/RSB/5286350.2 ~
JAN 20 2010
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4.3 Easement of Encroachment. Declarant grants reciprocal appurtenant easements
of encroachments, and for maintenance and use of any permitted encroachment, between each
Lot and any adjacent Common Areas and between adjacent Lots due to unintentional placement
or settling or shifting of improvements constructed, reconstructed or altered thereon (in
accordance with the terms of this Declaration) to a distance of not more the three (3) feet, as
measured from any point on the common boundary along a line perpendicular to such boundary.
In no event, however, shall an easement for encroachment exist if such encroachment occurred
due willful and knowing conduct on the part of, or with the knowledge and consent of, the
person claiming the benefit of such easement. .
4.4 Easements for Utilities, Etc.
4.4. I Declarant reserves for itself and the Association, for the benefit of the
Property and any Additional Property, perpetual, nonexclusive blanket easements upon, across,
over and under the Property and Additional Property for purposes of ingress, egress, installation,
maintenance, repair and replacement of utilities and infrastructure; cable and other systems for
sending and receiving data and/or other electronic signals; security and similar systems;
walkways, pathways and. trails; stormwater drainage systems; irrigation systems; sanitary sewer
systems; street lights; sign age; and entry features; provided, however, that the exercise of these
easements does not unreasonably interfere with the use of any Lot. Declarant further reserves for
itself and the Association the right to grant the benefit of any such easements to the City and
other utility service providers. '
4.4.2 Declarant also reserves for itself and the Association the nonexclusive
right and power to grant and record such specific easements over the Property and Additional
Property as may be necessary, in the sole discretion of Declarant or the Association, to exercise
the rights and easements granted by the preceding paragraph. The Owner of any Lot to be
burdened by any easement granted pursuant to this Section 4.4 shall be given advance written
notice of the grant, and the location of the easement on such Lot shall be subject to the written
approval of the Owner (which shall not be unreasonably withheld, delayed or conditioned);
provided, however, that an Owner shall be deemed to have consented to the location of an
easement on his or her Lot if the. Owner has not responded to a written request within thirty (30)
days after such request was mailed to the Owner's address on record with the Association.
4.4.3 All work associated with the exercise of the easements described in
this Section 4.4 shall be performed in such a mariner as to minimize interference with the use and
enjoyment of the property burdened by the easement. Upon completion of the work, the person
exercising the easement shall restore the property, to the extent reasonably possible, to its
condition prior to commencement of the work, except for any improvements placed within utility
easements in violation of the terms of this Declaration. The exercise of these easements shall not
extend to permitting entry into any Unit without the Owner's consent, nor shall it unreasonably
interfere with the use of any Lot by the Owner thereof. Except in an emergency, entry onto any
Lot shall be made only after reasonable notice to the Owner or occupant.
4.5 Easements to Serve Additional Property. Declarant hereby reserves for itself
and its duly authorized agents, successors and assigns a perpetual, nonexclusive easement over
the Common Areas for purposes of enjoyment, use, access and development of any property now
or hereafter owned by Declarant adjacent to or near the Property, whether or not 1"J1. f.}rop~i~= IVE
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POX/111513/l53678/RSB/5286350.2
JAN 20 2010
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made subject to this Declaration. This easement includes, but is not limited to, a right of ingress
and egress over the Common Areas for construction and use of roads, sidewalks and walking
paths and for connecting and installing any and all utilities on such property.
Declarant agrees that it and its duly authorized agents, successors and assigns
shall be responsible for any damage caused to the Common Areas as a result of their respective
actions in connection with development of such property. Declarant further agrees that if the
easement is exercised for permanent access to such property and such property or any portion
thereof benefiting from such easement is not made subject to this Declaration, Declarant, its
successors or assigns shall enter into a reasonable agreement with the Association to share the
cost of any maintenance which the Association provides to or along any roadway, sidewalk or
walkway providing access to such property,
4.6 Easements for Maintenance. Emergencv and Enforcement. Declarant grants
to the Association easements over the Property and Additional Property as necessary to enable
the Association to fulfill its maintenance responsibilities under this Declaration. The Association
shall also have the right, but not the obligation, to enter upon any Lot for emergency, security
and safety reasons to perform maintenance and to inspect for the purpose of ensuring compliance
with and enforce the terms of this Declaration and the other Goveming Documents. Any such
right may be exercised by any member of the Board and its duly authorized agents and assignees,
and all emergency personnel in performance of their duties. Except in an emergency situation,
entry onto a Lot shall only be during reasonable hours and after notice to the Owner.
4.7 Easement to Inspect and Right to Correct. Declarant reserves for itself and
others it may designate the right to inspect, monitor, test, redesign and correct any structure,
improvement or condition (including, but not limited to, drainage issues) which may exist on any
portion of the Property and Additional Property, and a perpetual, nonexclusive easement of
access throughout the Property and Additional Property to the extent reasonably necessary to
exercise such right. Except in an emergency situation, entry onto a Lot shall only be during
reasonable hours and after notice to the Owner; provided, however, that no entry into a Unit is
permitted without the consent of the Owner. The person exercising these easements shall
promptly repair any resulting damage.
4.8 Perimeter Fence Easement. An easement is hereby declared for the benefit of
the Declarant and the Association for the construction, maintenance, repair and replacement of
fencing along the perimeter of the Property, whether or not such fencing is located on the
Common Areas or Lots. Declarant, however, is under no obligation to construct any perimeter
fencing. Any perimeter fencing constructed by Declarant shall be maintained by the Association
as a Common Maintenance Area.
4.9 Retaining Wall Easement. Retaining walls may have been constructed by
Declarant within the Property (the "Retaining Walls"). The Retaining Walls are not in all cases
located on a Lot line. The location of a Retaining Wall (or the construction by an Owner of any
improvements on or near the Retaining Wall) shall not constitute evidence of the intended
location of a Lot line, or provide grounds for any claim of adverse possessio!1'or prespnPJi,ye", ij VE" D'"
easement. Each Lot upon which any portion of a Retaining Wall is located kh~liPe"s~:!.$S"l'to ~" !="
easement, for the benefit of the Association and all other Lots, for the purpo~es'of'Siipport'I5Y'alld .
natural drainage from such Retaining Wall. Retaining Walls mayor may not have been dl(sj,gI}ed
JAN z u 2010
. 14 - Declaration of Protective Covenants, Conditions and Restrictions By,'
f' ~ f, {q~{ 1 ~~j~~ 1536 78IRSB/5286350.2 .
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by a professional engineer, and no Owner shall take any action to add, construct or place any
improvement on the Lot so that it may, in the judgment of the Association: result in disturbance
of, weakening of, or damage to the Retaining Walls; increase any engineered load or alter design
criteria; or cause damage to the wall and surrounding properties. Any Lot Owner who takes such
action, or who otherwise damages a Retaining Wall, shall be responsible for all resulting costs of
repair and restoration of the Retaining Wall. This Section 4.9 shall not apply to retaining walls
constructed by an Owner on its own Lot.
4.10 Svecial.Declarant Easements. Declarant reserves for itself and its duly
authorized agfmts, successors and assigns, perpetual, nonexclusive easements on, over and across
the Common Areas for purposes of (a) constructing and maintaining such facilities and activities
as Declarant, in its sole discretion, deemsnecessary or convenient to the sale of Lots and Units,
including, butnot limited to, business offices, signs, model units and sales offices; (b)
constructing and maintaining Common Areas, including any structures thereon; and (c) storing
materials and making such other use thereof as Declarant, in its sole discretion, deems necessary
or convenient to the construction of Units and other structures on the Property or Additional
Property (provided that no such storage or other use shall unreasonably interfere with access to,
or the use, occupancy and enjoyment of, any Lot). Declarant shall also have easements for
access to and use of such facilities at no charge. .
ARTICLE 5.-- COMMON AREAS
5.1 Use of Common Areas. Every Owner shall have a right to use and enjoy the
Common Areas, subject to:
(a) The terms of this Declaration as it may be amended from time to time and
any restrictions or limitations contained in any deed conveying the Common Areas to the
Association;
(b) The Board's Right to:
(i) adopt, promulgate, enforce and amend from time to time
the Rules and Regulations pertaining to the use and .enjoyment of the Common Areas, including
rules and regulations limiting the number of guests of Owners who may use the Common Areas
at anyone time;
(ii) suspend the right of an Owner, after notice and an
opportunity f~r a hearing, to use all or any portion of the Common Areas (A) for any period not
to exceed thirty (30) days for a single violation, or for a longer period in the case of any
continuing violation of this Declaration or the Bylaws or Rules and Regulations; and (B) for any
period during which any assessments or any other charges for such Owner's Lot remains
delinquent;
(iii) grant easements and dedicate or transfer all or any part of
the Common Areas pursuant to Sections 4.4 and 5.2; .
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RECEIVE
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15 - Declaration of Protective Covenants, Conditions and Restrictions
PDXlII1513/153678/RSB/5286350.2
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JAN 20 2010
By:
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(iv) mortgage, pledge or hypothecate any or all of its real or
personal property as security for money borrowed or debts incurred, subject to the approval
requirements set forth in Section 5.2;
(v). impose reasonable membership requirements and charge
reasonable admission or other use fees for the use of any recreational facility situated upon the
Common Areas that is not open or available to the general public; and
(vi) permit use of any recreational facilities situated on the
Common Areas by persons other than Owners, their families, lessees and guests upon payment
of use fees established by the Board;
(c) All easements granted or reserved by Declarant in this Declaration, and all
easements subsequently granted or reserved by Declarant pursuant to a right granted or reserved
in this Declaration.
An Owner who resides in a Unit may extend his or her right to use and enjoyment
of the Common Areas to the other members of his or her household and to guests, subject to the
terms of this Declaration and the Rules and Regulations. If an Owner does not reside at his or
her Unit, then the Owner shall be deemed to have assigned all of the Owner's rights to use and
enjoyment of the Common Areas to residents or occupants of such Unit, subject to the terms of
this Declaration and the Bylaws and Rules and Regulations.
No Owner shall make any change to any Improvement or landscaping upon the
Common Areas, or decorate, alter or repair any part of the Common Areas (except for
maintenance of those parts of the Common Areas which the Owner has the duty to maintain, if
any), without the prior written consent of the Association.
5.2 Alienation of Common Areas. As provided in ORS 94.665, the Association
may sell, dedicate, transfer, grant a security interest in; or grant an easement for installation or
maintenance of utilities or for similar purposes with respect to any portion of the Common'
Areas. Except for grants of easements for utility-related purposes under Section 4.4 above or for.
the conveyance of Tract C, Westwind Estates to a con'servation organization or governmental
authority under Section 12.4 below, no such sale, dedication, transfer or grant of a security
interest shall be effective unless approved by eighty percent (80%) of the votes of both Class A
and Class B members, or eighty percent (80%) of the votes of Class A members once Declarant
has relinquished its Class B membership interests. Any sale of portions of the Common Area that
include puhlic trails or walking paths shall be made subject to reserved easements in favor of the
pubic over such trails and walking paths.
5.3 Conversion of Lots to Common Areas. Declarant may elect to build common
facilities on one or more Lots and designate such Lots as Common Areas by amending this
Declaration. Such amendment to this Declaration shall be executed by Declarant and bear a
certificate of the President or Secretary of the Association reciting that the holders of a majority
of the voting rights in the Association have approved such conversion to Common Areas.
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5.4 No Partition. There shall be no judicial partition of the Conim'op~1Xfeas. E~ch' ~ ~,fr:: ~
Owner, whether by deed, gift, devise, or operation oflaw, for stich Owner'swbe~~fit'~d~f6'n]jt! \, Ll...",
I" ,r ','1.: ~., t.
16 - Declaration of Protective Covenants, Conditions and Restrictions
PDX/111513/153678/RS8/5286350.2
JAN 20 2010
By:
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benefit of all other Owners, specifically waives and abandons all rights, interests, and causes of
action for judicial partition of any interest in the Common Areas and agrees that no action for
judicial partition shall be instituted, prosecuted, or reduced to judgment.
5.5 Title to Common Areas. Declarant shall convey to the Association fee simple
title to the Common Areas, free and clear of monetary liens, no later than the date of the
Turnover Meeting, and the Association shall unconditionally accept fee title to the Common
Areas from Declarant on such date.
5.6 Damage or Destruction Bv Owner. If damage to any Common Areas or
Common Maintenance Areas is directly attributable to an Owner or the family members,
invitees, licensee, or guest of an Owner, then that Owner shall repair such damage or destruction
as soon as reaSonably practicable, but in no event later than fifteen (J 5) days after the date the
damage occurred, at his or her sole expense and without a right of reimbursement. If an Owner
fails to repair such damage timely, the Association shall have all rights of enforcement and
remedies set forth under this Declaration.
ARTICLE 6 -- MAINTENANCE
6.1 Maintenance bv Association. The Association shall maintain and keep the
Common Maintenance Areas in a clean and attractive condition and in good repair, such
maintenance to be funded by Annual Assessments as provided in this Declaration. This
maintenance shall include, but need not be limited to, maintenance, repair and replacement
(subject to any insurance then in effect) of the following:
(a) all landscape plantings, trees and lawn areas (including irrigation
thereof) located on the Common Areas, which shall include, but is not limited to, removal and
replacement of dead or dying trees and other landscaping to ensure compliance with the
. approved landscaping plan (but subject to the terms of Section 11.2);
(b) all sidewalks, trails, walking paths and pedestrian/bicycle paths
located on the Common Areas;
(c) all monument entry signs and features for the Subdivision within
or adjacent to the Property;
(d) the stormwater conveyance and detention systems serving the
Subdivision (including, but not limited to, the stormwater detention pond on Tract B), except for
any drainage swales located on Lots or those facilities maintained by the City pursuant to the
Stormwater Maintenance Agreement;
(e) any perimeter fencing constructed by Declarant (although
Declarant has no obligation to construct any perimeter fencing);
(f) all other structures and Improvements situated in or on the
Common Areas, unless maintenance thereof is delegated to the Owners under the terms of this
Declaration or handled by the City, County or other municipal or quasi-municipal authority.
'i:'~'.f':;';J~': RECEiVE
17 - Declaration of Protective Covenants, Conditions and Restrictions
PDXlII 15131l53678/RSB/5286350.2 .
JAN2 0 2010
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The Association may also maintain other property which it does not own and is
not required to maintain if the Board determines, in its discretion, that such maintenance is
necessary or desirable. Such areas shall become part of the Common Maintenance Areas upon
approval by the Board.
6.2 Maintenance bv Owner. Each Owner shall at all times keep his or her Lot and
Unit (including all Improvements and all landscape plantings, trees and lawn area located on his
or her Lot) in a clean and attractive condition, in good repair, and in compliance with all
applicable covenants and municipal ordinances, unless such maintenance responsibility is
otherwise assumed by or assigned to the Association pursuant to Section 6.1 above or any other
provisions of this Declaration.
Each Owner shall also be responsible for maintaining the landscape plantings, trees and
lawn area (including irrigation thereof) within the public right-of-way adjacent to his or her Lot
to the edge of the sidewalk; provided, however, that there shall be no right to remove trees,
shrubs or similar landscaping from this area without the prior written consent of the Association
and compliance with the terms of Section 11.2 and any applicable zoning ordinances.
Responsibility for maintenance of landscape plantings, trees and lawn areas as required
by the preceding paragraphs shall include responsibility for watering the same as needed to
maintain them in a healthy condition, free from weeds and other noxious plant materials, and not
permitting grasses to exceed four inches (4") in height. It shall also include responsibility for
removal and replacement of diseased or dead trees, shrubs and other landscaping, subject to
obtaining any required tree removal permit from the City or County.
If any Owner fails to properly perform his or her maintenance responsibility, the .
Association may, but is not obligated to, perform such maintenance responsibilities on behalf of
such Owner and assess the Owner for a Reimbursement Assessment in accordance with Section
3.6 of this Declaration; provided, however, that except when entry is required due to an
emergency situation, the Association shall provide the Owner with reasonable notice and an '
opportunity to cure the problem prior to entry.
6.3 Maintenance Durine Construction. During construction it shall be the
responsibility of each Owner to insure that his OT her' Lot and adjacent areas are kept free of
unsightly accumulation of rubbish and scrap materials, and that construction materials, trailers,
shacks and the like are kept in a neat and orderly manner: No'burning of any trash and no
accumulation or storage of litter or trash of any kind shall be permitted on any Lot or the
Common Areas. This Section 6.3 shall not be applicable to Declarant or its employees, agents or
contractors.
6.4 Maintenance Rieht of City. The City shall have the right to enter upon Tract B,
Westwind Estates for purposes of inspecting and maintaining the stormwater detention pond
pursuant to the terms of the Stormwater Maintenance Agreement.
ARTICLE 7 - ARCHITECTURAL REVIEW~, ,i<:'" ~ r ~ V' r;=n D
~1'''''tJJr1'''''' ~ p-
. ,.7.1 ". Architectural Review Committee. A committee to be knowN k'fu~ b ' C'
Architectural Review Committee (the "ARC") shall be established consisting of the not l.ess than '
. ' - JAN :t 0 2010
,18 '" Declaration of Protective Covenants, Conditions and Restrictions By 00
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three (3) members or more than five (5) members, except that the ARC may, at the option of
DeClarant, consist of as few as one (I) member (which may be Declanilit) for so long as
Declarant owns any Lots within the Subdivision. Each member of the ARC shall serve for a one.
(I) year term, except that the member of the ARC appointed by Declarant may serve until
Declarant no longer owns any Lots within the Subdivision.
7.Ll The members of the ARC shall be appointed, terminated and/or
replaced by Declarant for so long as Declarant owns any Lots within the Subdivision. Thereafter
. the Board shall appoint the members of the ARC Members of the ARC may be terminated
and/or replaced by the Board with or without cause, except that the Board may not terminate any
member of the ARC appointed by Declarant so long as Declarant owns any Lots within the
subdivision.
7. \.2 Declarant shall have the right to voluntarily relinquish control of the
ARC to the Board during the period in which Declarant owns Lots within the Subdivision, in
which event Declarant's right to appoint, terminate and replace members of the ARC shall
terminate.
7.\.3 The purpose of the ARC is to enforce the architectural standards of the
community and to approve or disapprove plans for improvements proposed for the Lots.
7.\.4 The ARC shall act by simple majority vote, and shall have the
authority to delegate its duties or to retain the services of a professional engineer, architect,
designer, inspector or other person to assist in the performance of its duties.
7.2'Desi2D Guidelines. The ARC may with the approval of the Board adopt, amend,
modify or revise Design Guidelines; provided, however, that Declarant may adopt, amend,
modify and revise the Design Guidelines without the consent of anyone prior to conveyance of
the first Lot to, an Owner other than the Declarant. The ARC, however, shall have no obligation
to adopt Design Guidelines. No amendments, modifications, or revisions to the Design
Guidelines shall affect any prior ARC approval.
7.3 Scope of Review. No Improvements may be undertaken; constructed, altered,
added onto or replaced upon any portion of the Property without the prior written consent of the
ARC.
7.4 Submission of Plans. Before the initiation of construction of any Improvement
upon any Lot, the Owner thereof shall first submit to the ARC a complete set of plans and
specifications for the proposed improvements. Plans shall include elevation drawings, design
plans, specifications of materials and exterior colors, and any other informl\tion deemed
necessary by the ARC for the performance of its function pursuant to the procedure outlined in
the Design Guidelines (if any). In addition, the Owner shall submit the identity of the individual
or company intended to perform the work and projected commencement and completion dates.
In the event an Owner submits plans or specifications to the ARC that are not adequate to permit
the ARC to m~e an informed determination under this Article, the Board shall have the
authority to require the Owner submitting the inadequate plans or specifications to retain, at the
own, er,'s expense;the, services ofa proti,eSSional engineer, architect, deSigner'~Er.9!::..otl1~ B VE D
p;r~~~~t~ a~:~st in the preparation ofa sufficient submittal to the ARC . n l; i:. ~
19 - Declaration of Protective Covenants, Conditions and Restrictions JAN :t 0 2010
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7.5 Plan Review. Upon receipt by the ARC of all of the information required by this
Article, it shall have thirty (30) business days in 'which to review said plans. The proposed
improvements will be approved if, in the sole opinion of the ARC: (a) the improvements will be
of an architectural style and material that are compatible with the other structures in the Property;
(b) the improvements will not violate any restrictive covenant or encroach upon any easement or
cross building set back lines; (c) the improvements will not result in the reduction in property
value, use or enjoyment of any of the Property; (d) the individual or company intended to
perform the work is acceptable to the ARC; and (e) the improvements will be substantially
completed, including all cleanup, within three (3) months of the date of commencement (six (6)
months for the construction of a complete Unit). If the ARC fails to issue its written approval or
rejection within thirty (30) business days of its receipt of the last of the materials or documents
required to complete the Owner's submission, then the ARC's approval shall be deemed to have
been granted without further action. The ARC's approval of plans and specifications shall be
valid for a period of six (6) months from the date of issuance, during which time the Owner must
commence construction of the approved Improvements and thereafter diligently proceed to
" comp1etion; otherwise the approval is void.
7.6 Non-conforming Structures. If there shall be amaterial deviation from the
approved plans in the completed improvements, such improvements shall be in violation of this
Article to the same extent as if erected without prior approval of the ARC. The ARC, the
Association or any Owner may maintain an action at law or in equity for the removal or
correction of the non-conforming structure and, if successful, shall recover from the Owner in
violation all costs, expenses and fees incurred in the prosecution thereof.
7.7 Immunity of ARC Members. No individual member of the ARC shall have any
personal liability to any Owner or any other person for the acts or omissions of the ARC if such
acts or omissions were committed in good faith and without malice. The Association shall
" defend any action brought against the" ARC or any member thereof arising from acts or
omissions of the ARC committed in good faith and without malice.
7.8 Limited Review. Any review and approval made by the ARC isJiinited to
compliance with the intent of the architectural standards of the neighborhood as may from time
to time be established by the Board and/or the Design Guidelines. The review and approval made
by the ARC is not to be construed as superseding, replacing, or modifying any review, approval,
or permit required by any local, state or federal jurisdictional agencies. It is the applicant's
responsibility to obtain and comply with any permits that may be required by any local, sta,te, or
federai jurisdictional agency.
7.9 Address for Notice. Requests for ARC approvaLor correspondence with the
ARC shall be addressed to Westwind Estates, Architectural Review Committee, c/o Northwest
Community Management Company, P.O. Box 23099, Tigard, Oregon 97281, or such other
address as may be designated from time to time by the ARC. No correspondence or request for
approval shall be deemed to have been received until actually received by the ARC in a form
satisfactory to the ARC.
" 7.10 Appearance and Design of Subdivision. The Declarant shal\:btr;;:Afft:i ~V'~E D
from changing the appearance of the Common Areas, including the landscapfugl1and'aD.'y<otiier'" u
aspects directly or indirectly connected with its development of the Subdivision so long as
" JAN 20 2010
20,,,-,;,Declaration of Protective Covenants, Conditions and Restrictions
PDxilI15131153678IRSB/S2863S0.2
By:
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Declarant obtains all applicable govenimental approvals and consents. The construction and
material standards of this Declaration andlor plans and drawings notwithstanding, Declarant may
change exterior andlor interior designs of Units from initial plans. This may include designs,
colors, and type of materials, provided Declarant obtains all applicable governmental approvals
and consents.
7.11 Declarant Exempt; Construction bv Declarant. Declarant is exempt from the
requirements of this Article 7. All construction by Declarant establishes the standards for the
ARC and is deemed to meet any Design Guidelines of the Association and is deemed to be
approved by the ARC.
7.12 .. Approval of Builder Plans. Declarant shall have the right, in its sole discretion,
to approve the plans and specifications for all Improvements that will be constructed by a
Builder, and all construction by a Builder pursuant to the plans and specifications approved by
Declarant is deemed to satisfy the requirements of this Article 7.
ARTICLE 8 -- INSURANCE
8.1 Association Insurance Coverage. The Association shall obtain and maintain at
all times the insurance required by the Act and such additional insurance as the Board deems
advisable, which will include, but is not be limited to, the following:
8. 1.1 Property Insurance. The Association shall obtain and maintain at all
times a policy of property insurance covering all insurable improvements within the Common
Areas against loss or damage resulting from fire and other hazards covered under special form
coverage ("all risk"), including vandalism, malicious mischief, sprinkler leakage, debris removal,
cost of demolition, windstorm, flood and water damage endorsements. Coverage shall be for the
full insurable replacement cost (without deduction for depreciation) of such improvements,
exclusive of land, foundation, excavation and other items normally excluded from coverage, and
shall be subject to a commercially reasonable deductible. Such policy of insurance shall cover
the interests of the Association and the Owners and First Mortgagees as their interests may
appear and, if available at reasonable cost; the following terms:
(a) A waiver of subrogation by the insurer as to any claims against the
Association and its Board and property manager (if any), and against any Owner or guest of any
Owner;
(b) A staridard mortgagee clause, except that the loss payment provision shall
be subject to the terms of Article 9 of this Declaration;
(c) . A provision that no policy may be canceled, invalidated, or suspended
because of the action of an Owner; .
(d) A provision that no policy may be canceled, invalidated, or suspended
because of the conduct of any director, officer, or employee of the Association unless the insurer
gives the Association a prior written demand that the Association correct the defect and allows
the A~sociation a reaSonable time to make the correction; .
RECEIVED
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(e) A provision that the policy is primary in the event an Owner has other
insurance covering the same loss; .
(t) A provision that the policy cannot be canceled or substantially modified
without at least ten (l0) days' prior written notice to all insureds; and
(g) A provision that any adjustment ofthe loss will be made by the
Association, and that all proceeds thereof shall be paid to either the Association or an insurance
trustee, as provided in Article 9 of this Declaration.
The Board may by resolution determine the amount of deductible for such
insurance policy, based on availilbility and costs. Owners shall be responsible for the deductible
to the extent that it is determined they, their tenants or guests are responsible for the damage
caused to the Common Maintenance Areas or other properties that the Association insures.
8.1.2 Liability Insurance. The Association.shall at all times maintain
commercial general liability insurance covering the Common Maintenance Areas with limits of
loss of not less than $1,000,000 combined single limit for personal injury or property damage
(such policy limits to be reviewed at least annually by the Board and increased in its discretion),
insuring the Association, all Owners, and any managing.agent against liability to the public or to
individual Owners, subject to a commercially reasonable deductible.
8.1.3 Worker's compensation insurance. The Association shall obtain
and maintain at all times a policy of worker's compensation insurance to the extent required by
applicable laws.
8.1.4 Fidelity Bonds. The Board shall obtain and maintain at all times
fidelity bonds naming the Board and all other officers, directors and employees of the
. Association handling or responsible for funds of or administered by the Association. If a
management agent has the responsibility for handling or administering funds of the Association,
the management agent will be required to maintain fidelity bond coverage for its officers,
employees and agents responsible for such funds. In no event may the aggregate amount of such
bonds oe less than a sum equal to three (3) months Annual Assessments. The bonds must
contain waivers by the issuers of the bonds of all defenses based upon the exclusion of persons
serving without compensation from the definition of "employees," or similar terms or
expressions.
8.1.5 Insurance Against Loss.of Association's Personal Property. The
Association shall obtain and maintain at all times insurance against loss of personal property of
the Association by fire, theft, and other losses, with deductible provisions as the Board deems
advisable.
8.1.6 . Other Insurance. Such other insurance as the Board deems ,
advisable; providea, however, that notwithstanding any other provisions herein, the Association
shall continuously maintain in effect such property, flood, and liability insurance and a fidelity
bond :neeting the insurance an~ fidelity bond requir~m~nts for planned cO.rnT]Wrx~~r8ject~:~: r \ I g"- D
estabhshed by the Federal NatIOnal Mortgage Assoclal1on, Govemment Nal1.9n~llt0.Qrt~~gC ~ \r ~=
Association, Federal Home Loan Mortgage Corporation, or other govemmental or quasi-
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governmental agency involved in the secondary mortgage market, so long as such agency is a
Mortgagee, an insurer or guarantor of a Mortgage, or Owner of a Lot, except to the extent such
coverage is not available or has been waived in writing by such agency.
8.2 Bv Owners. It is acknowledged that the foregoing provisions specify only the
insurance required to be obtained and maintained by the Association and that the following
insurance must be obtained and maintained by each Owner (as applicable):
8.2.1 Property Insurance. Each Owner shall obtain and maintain special
form ("all risk") property insurance covering the Unit and all other insurable improvements on
located on its Lot. Such insurance must be maintained for the full insurable value thereof
(exclusive of excavation and foundations and without deduction for depreciation) and with a
deductible notto exceed $1,000 (subject to adjustment by the Board from time to time as
provided below),
8.2.2 Liability Insurance. Public liability insurance in the amount
reasonably set by the Association no more often than every three (3) years, covering any liability
of any Owner to the extent not covered by any public liability and property damage insurance
obtained and maintained by the Association,
8.2.3 Other requirements. Each insurance policy required to be maintained
by an Owner, as provided above, shall contain the following: .
(a) A waiver of subrogation against the Association and its Board and
property manager (if any), and against the other Owners and guests of the other Owners'
(property insurance only);
(b) A waiver of any defense based on acts of the insured;
(c) A provision that any adjustment ofloss will be made by the Owner (but
only with the prior written approval of the Association (which shall not be unreasonably
withheld) and that all proceeds thereof shall be paid to either the Association or the insurance
trustee pursuant to Article 9 below; and
(d) A provision that such policies cannot be canceled or substantially
modified without at least ten (10) days' prior written notice to all insureds, including the
Association.
8.2.4 Board's Right to Modify Requirements. The Association may, over
time, adjust the above required types and amounts 'Of insurance or require additional insurance,
so long as such changes or additional requirements are commercially reasonable.
ARTICLE 9-DAMAGE OR DESTRUCTION
9.1 Common Areas. If any improvements within the Common Areas are damaged
or destroy~d.by fire or casualty, the repair, restoration or ultimate disposition of any insurance
proceeds shall be in accordance with the following: R E t'" E I~ VE D
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(a) Ifthe insurance proceeds derived from such loss amount to $75,000 or
less, then the Board shall contract with any licensed contractor or contractors to rebuild or repair
such damage or destroyed improvements in conformance with the original plans and
specifications, or if adherence to such original plans and specifications is impracticable in the
Board's opinion, then in conformance with revised plans and specifications provided such
repairs or rebuilding shall be of a quality and kind substantially equivalent to the original .
construction. The Board shall accept bids only in specific amounts and shall not enter into any
cost-plus or other sliding scale arrangement for compensation to the contractor.
(b) If the insurance proceeds derived from such loss exceed $75,000, all such
insurance proceeds shall be paid directly to an insurance trustee as may be designated by the
Board, as trustee for all affected Owners and their respective First Mortgagees, as their interests
may appear. The insurance trustee shall disburse the insurance proceeds periodically as
construction progresses, subject to satisfaction of the following conditions:
(i) Upon notification of the receipf of insurance proceeds by
the insurance trustee, the Board shall enter into a contract for a specific dollar amount with a
licensed contractor or contractor for the repair or rebuilding of all of the damaged or destroyed
improvements, as nearly as practicable to the original plans and specifications thereof and in
accordance with all applicable building codes.
(ii) The Board shall enter into said contract with a licensed
contractor or contractors which shall have provisions for periodic disbursements of funds by the
insurance trustee. Disbursements to the contractor shall be made subject to the prior presentation
of an architect's certificate containing such provisions as may be appropriate in the
circumstances and deemed suitable by the Board, along with customary lien waivers.
(iii) The Board shall employ a licensed architect to supervise
the repair and rebuilding to insure that such work, services and supplies are of proper quality and
that construction is contemplated in a workmanlike manner and according to plans and
specifications.
.( c) If the proceeds of insurance maintained by the Association are not
sufficient to defray the estimated costs of reconstruction and repair, or if at any time during
reconstruction and repair, or upon completion of reconstruction and repair, the funds for payment
of the costs thereof are insufficient, assessments shall be made against all Owners in sufficient
amounts to provide funds for the payment of such costs. The foregoing provisions of this
subparagraph are applicable to the repairs and reconstruction to be undertaken by the
Association.
(d) If the amount of available insurance proceeds exceed the cost of any such
reconstruction or repair, the excess shall be paid to the Association and applied by it to reduce
the common exp~nses of the Association.
9.2-.. . Units" If all or any portion of a Unit or any other Improvem~ !p~{~{@ ~, IE' D
Owner's Lot is/are damaged by fire or other casualty, the Owner thereof shall either,(~),testorJ:3 '!if .
the damaged Improvements or (b) remove all damaged Improvements, including foundations,
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and leave the Lot in a clean and safe condition. Any restoration proceeding under (a) above must
be performed so that the Improvements are in substantially the same condition in which they
existed before the damage or destruction, unless the owner complies with the provisions of
Article 7. The Owner must commence such work within sixty (60) days after the damage or
destruction 9ccurs and must complete the work witIrin six (6) months thereafter.
ARTICLE 10-CONDEMNATION
Whenever all or any part of the Common Areas shall be taken (or conveyed in lieu of and
under threat of condemnation by the Board acting on its behalf or on the written direction of all
Owners subject to the taking, if any,) by any authority having the power of condemnation or
eminent domain, each Owner shall be entitled to notice thereof and to participate in the
proceedings incident thereto unless otherwise prohibited by law. The award made for such taking
shall be payable to the Association as trustee for all Owners and First Mortgagees, as their
interests may appear, to be disbursed as follows:
(a) If the taking involves a portion of the Common Areas on which
improvements have been constructed, then, unless within sixty (60) days after such taking the
Declarant and at least seventy-five percent (75%) of the Class A members of the AssoCiation
shall otherwise agree, the Association shall restore or replace such improvements so taken on the
remaining land included in the Common Areas to the extent lands are available therefore, in
accordance with plans approved by the Board of the Association. If such improvements are to be
repaired or restored, the provisions in Section 9.1 regarding disbursement of insurance proceeds
in respect to casualty damage or destruction shall apply.
(b) It the taking does not involve any improvements on the Common Areas, or
if there is a decision made not to repair or restore, or if there are net funds remaining after such
restoration or replacement is completed, then such award or net funds shall be paid to,the
Association and applied by it to reduce the common 'expenses.
ARTICLE 11- USE RESTRICTIONS
11.1 Residential Use. Lots shall only be used for residential purposes. No trade, craft,
business, profession, commercial, or similar activity of any kind shall be conducted on any Lot,
and no goods, equipment, vehicles, materials, or supplies used in connection with any trade,
sen:ice, or business shall be kept or stored on any Lot. Nothing in this Section 11.1 shall be
deemed to proIribit (a) activities relating to the sale of residences, (b) the right of Declarant or
any contractor or homebuilder (including a Builder) to construct Units on any Lot, to store
construction materials and,equipment on such Lots in the normal course of construction, and to
use any Unit as a sales office or model home for purposes of sales in the Subdivision, (c) the
right of the Owner ofa Lot to maintain such Owner's personal business or professional library,
keep such Owner's personal business or professional records or accounts, handle such Owner's
personal business or professional telephone calls, or confer with business or professional
associates, clients, or customers in such Owner's residence, (d) residential day care facilities, or
(e) garage sales, provided that no Owner may conduct more than three (3) garage sales in any
twelve (12)month p~ri~,d and no individual garage sale may exceed three (3) !raXs!::~ngth'E ~ ~l. i ff E D.'l
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11.2 No Tree Removal. No trees identified for preservation on the approved tree
removal permit or landscaping plan for the Subdivision, nor any newly planted trees used to meet
the conditions of approval for the Subdivision, may be removed without the prior written
approval of the City. Any Owner desiring to remove a tree from his or her Lot is required to
confirm with the City that such tree is not required to be maintained pursuant to the approved
tree removal permit or landscape plan for the Subdivision, as the same may be arriended or
modified from time to time.
11.3 No Improvements or Fill Material. No Owner may place or construct any
Improvements over the utility easements located on his or her Lot (as shown on the Plat or any
separate easement agreement or dedication now existing or hereafter granted pursuant to the
terms of this Declaration), or fill or alter the drainage swales or any other stormwater facilities.
located on his or her Lot.
11.4 Rental Restrictions. An Owner shall be entitled to rent or lease his or her Unit,
subject to the following:
11.4.1 Written Rental AfITeements. A written rental or lease agreement is
required, specifying that: (i) the tenant shall be subject to all provisions of the Declaration and
other Governing Documents, and (ii) failUre to comply with any provision of the Declaration and
other Governing Documents shall constitute a default under the rental agreement.
11.4.2 Minimum Rental Period. The period of the rental or lease is not less
than thirty (30) days; and
11.4.3 Tenant Must Be Given Documents. The Owner gives each tenant a
copy of the Declaration and other Governing Documents.
. 11.4.4 Owner Responsibilitv. Owner shall be responsible for any violations
by tenants and shall be solely responsible for either correcting or eliminating such violations, or
getting tenant to do the same.
'11.5 Air Conditioninl! Units. No Owner shall install, or penhit to be installed or
maintained, air conditioning units through exterior modifications of its Unit or through window
openings. The only air conditioning units that will be permitted are those air conditioning units
which are considered central in nature and installed on a slab in the rear or side yard of a Lot
outside of and adjacent to the Unit.
11.6 Nuisances. No noxious or offensive activity shall be carried out upon any Lot,
nor shall anything be done thereon which may be or may become an annoyance or nuisance to
the neighborhood.
11.7 Temporary Structures. No structure ofa temporary character, including,
without limiting the generality thereof, any trailer, tent, car canopies, shack, garage, bam, motor
home or mobile home or other outbuilding, and no prefabricated or relocated structure shall be .
used on any Lot at any time as a residence, either temporarily or permanentlyiQlii~s,y;tti\ln- n Vr D
shall not be !nt~fPret"c1 to limit the right of Declarant or a Builder to use trail~s Q~'outD~di~~8 it:.'
as sales offices, construction offices, material storage facilities, or sanitation facilities.
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11.8 Siens. No sign, banner or billboard of any kind may be kept or placed on any Lot
or mounted, painted or attached to any Unit, fence or other improvement so as to be visible from
public view in the Subdivision or adjacent public street or carried by any person or by any other
means displayed within the Subdivision except as provided below:
11.8.1 "For Sale" Signs
An Owner may erect one (I) sign not exceeding two (2) feet by three (3) feet in
dimension, fastened only to a stake in the ground and extending not more than three (3) feet
above the surface of the ground advertising the property for sale.
11.8.2 "For Rent" Signs
An Owner may erect one (I) sign not exceeding three (3) square feet in area
advertising the property for rent. Such signs shall be visible from the front of the Unit only, and
shall be displayed. from within the Unit. No such sign shall be erected within a lawn or landscape
area on any Lot, or attached to the outside of the Unit.
11.8.3, Political Signs
Political signs may be erected upon a Lot by the Owner of such Lot advocating
the election of one or more political candidates or the sponsorship of a political party, issue or
proposal provided that such signs shall not be erected more than ninety (90) days in advance of
the election to which they pertain and are removed within fifteen (15) days after the election.
11.8.4 Subdivision Identification Signs
Signs may be erected by the Declarant to identify the Subdivision, with approval
from the local jurisdictional authority, if applicable.
11.8.5 Flags
The foregoing restrictions shall not be deemed to prohibit the display of the flag
of the United States by an Owner or occupant of a Lot if the flag is displayed in a manner
consistent with federal flag display law, 4 U.S.c. S 1 et seq.
, 11.8.6 Declarant's Signs
Signs, banners and billboards may be erected by the Declarant and are exempt
from the provisions of this Section 11.8.
11.8.7 Builder Signs
A Builder may erect signs and banners on any Lot or Unit owned by the Builder if ,
such signs and/or banners are erected for the purpose of marketing and selling Units constructed
by the Builder on Lots owned by the Builder, subject to rules and restrictions established by
Declarant'from time to time. A Builder may also erects signs and/or banners on the Common
Areas to market and sell Units constructed by the Builder on Lots owned by FtE~'~~ E'I\J!! 1, D
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provided that Declarant authorizes in writing (in Declarant's sole discretion) the erection of such
signs and/or banners on the Common Areas.
11.9 Parking. The Owner of each Lot shall maintain off-street parking on its Lot
(inclusive of its garage and driveway) able to accommodate at least two (2) automobiles.
11.10 Campers, Boats, Recreational Vehicles and other Non-Passenger Vehicles.
Campers, boats, boat trailers, recreational vehicles, commercial vehicles, or other types of non-
passenger vehicles, equipment, implements, or accessories may not be kept or stored on any
public street within the Subdivision or on any Lot, except as provided below:
11.10.1 Campers, boats, boat trailers, recreational vehicles, recreational
trailers, and other non-passenger vehicles, equipment, implements, or accessories may be stored
or kept within an enclosed garage, or on the side of the Unit, provided that it is fully screened
from view by a screening structure or fencing approved by the ARC:
11.10.2 Campers, boats, boat trailers, recreational vehicles, recreational
trailers, and other non-passenger vehicles, equipment, implements, or accessories may be
temporarily kept on the public streets within the Subdivision or on a paved driveway located on a
Lot for a period not to exceed forty-eight (48) hours and only for purposes of cleaning,
preparation for use and unloading. .
11.11 Commercial Vehicles. No vehicles bearing commercial insignia or names may
be parked on the public streets within the Subdivision or on any Lot, except for commercial
vehicles that are temporarily parked on such areas for the sole purpose of serving an Owner, or
those that are parked within a enclosed garage. The Board, however, shall have the absolute
authority to grant approval for storing or keeping a commercial vehicle on the driveway of a Lot.
Notwithstanding the foregoing, the Board shall not unreasonably withhold consent to keep a
commercial vehicle bearing insignia or names where such vehicle is driven by an Owner
pursuant to Owner's primary job. Any Owner wishing to keep a commerciai vehicle on the
driveway of any Lot shall apply for approval to the Board, and shall provide such information as
the Board, in their sole authority, may require. The Board may from time to time in their sole
discretion review the approval to keep a commercial vehicle on the driveway of any Lot to
determine if the vehicle complies with the intent of the original approval. Upon an adverse
determination by the Board, any commercial vehicle shall be removed and/or otherwise brought
into compliance with the requirements of this Section 11.11.
11.12 Disabled Vehicles or Vehicles in Disrepair. No Owner shall permit any vehicle
that is in an extreme state of disrepair to be abandoned or to remain parked on any street within
the Subdivision or on any Lot for a period in excess of twenty-four (24) hours.
11.13 Maintenance or Repair of Vehicles. Any maintenance or repair of vehicles or
other machinery or equipment must take place entirely within the enclosed garage of an Owner.
. 11.14 Pets, Livestock and Poultry. No animals, livestock or poul~t:pJ kin~;I;:1l """".
be raIsed, bred or kept on any Lot, except for cats, dogs or other generally reCpgIll.~~dJhcl'us~ordVI(. D: .
pets of a reasonable number, provided that they are not kept, bred, or maint~n~tfot liuyj !k.,., ~ C '
commercial purpose; and provided further, than no more than three (3) adult animals may be
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kept on a single Lot. All such animals shall be kept in strict accordance with all local laws and
ordinances (including leash laws). Owners shall be responsible for cleaning up after their pets'
waste. No animal shall be allowed to run at large, and all animals shail be kept within enclosed '.
areas for pets which must be clean, sanitary, and reasonably free of refuse, insects and.waste at
all times. Such enclosed area shall be constructed in accordance with plans approved by the
ARC, shall be of reasonable design and construction to adequately contain such animals in
accordance with the provisions hereof, and shall be screened so as not to be visible from any
other portion of the Subdivision.
11.15 Garba!!:e and Refuse Disposal. No Lot shall be used or maintained as a dumping
ground for rubbish. Trash, garbage or other waste shall not be kept, or disposed of, on any Lot
except in sanitary containers. All equipment for the storage or disposal of such material shall be
kept in a clean and sanitary condition. No cans, bags, containers or receptacles for the storing or
disposal of trash, garbage, refuse, rubble, debris, or recyclable materials shall be stored, kept,
placed or maintained on any Lot where visible from any street except solely on a day designated
for removal of garbage, rubbish, or recyclable materials, and on which days only such cans, bags,
containers, and receptacles may be placed in front of a residence and beside a street for removal,
but shall be removed from view before the following day.
.11.16 Detached Buildin!!:s. No detached accessory buildings, including, but not limited
to, detached garages and storage buildings, shall be erected, placed or constructed upon any Lot
without the prior written approval of the ARC. Every outbuilding, inclusive of'such structures as .
detached garages, storage buildings, greenhouses, doghouses, or children's playhouses, shall be
compatible with the dwelling to which it is appurtenant in terms of its design and material
composition.
11.17 Fences and Hed!!:es. Fences, walls or hedges may be erected or maintained on
any Lot subject to local laws regarding height and setback and approval by the ARC. No fencing
shall be constructed in the front yard of any Lot, unless the front yard faces and is contiguous
with a Common Area. Fences may be erected along the property line in the side and rear yards
of a Lot, provided said fencing is not located closer to the street than the front of the Unit, does
not"exceed six feet (6.:) in Height and is a so-called good neighbor fence. The ARC shall permit
vinyl fences and wood fences, but any wood fences shall be painted or stained (with a color
approved by the ARC) or sealed to protect against decay. No chain-link, metal cloth or
agricultural fences may be built or maintained on any Lot, except as required by governmental
authority; provided however, that chain link fences may be installed for domestic pet runs with
the prior approval of the ARC. Notwithstanding the foregoing, the ARC shall have the right and
authority to' approve variances for reasonable cause or to alleviate hardship as determined in the
sole judgment of the ARC; provided however, the ARC may not approve a variance which
contradicts the zoning and/or subdivision ordinances of the local governmental jurisdictional
authority unless the jurisdictional authority has previously approved the variance. Unless
otherwise agreed between Owners, side and rear yard fences that separate adjacent Lots shall be
owned and maintained by the Owner on whose Lot the fence exists, or if the location is
indefinite, such fence will be maintained jointly. by the Owners of both Lots, with expenses
shar~d equ~lly. Declarant hereby grants to each Owner whose Lot contains a fence (and to any
Owner where the location of the fence in relation to its property line is indefinite) an easement
over those poiti6O:s Mtlle adjacent Owner's Lot as is reasonably necessary to maintain the fence, .
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subject to reasonable advance notice to the adjacent Lot Owner. The provisions of this Section
11.17 shall not apply to Declarant.
11.18 General LandscaDin!!. All landscaping must comply with the approved
landscaping plan and the landscaping requirements established by the City from time to time,
and each.Owner is required to have his or her landscaping plan approved by the City if approval
is required by City zoning ordinances. All landscaping must be maintained by the Owner .
pursuant to the terms of Section 6.2. Decorative ground cover consisting of bark dust/mulch or
rock may be installed on portions of the front, side and rear yards, as approved by the ARC. The
remainder of the yard area not covered by improvements shall be lawn or sod.
11.19 Antennae and Satellite Dishes. Except as otherwise provided by law or this
Section 11.19, no exterior antennas, satellite dishes, microwave, aerial, tower, or other devices
for the transmission or reception of television, radio, or other forms of sound or electromagnetic
radiation shall be erected, constructed, or placed on any Lot. With prior written consent from the
ARC, exterior satellite dishes or antennas with a surface diameter of one meter (39") or less and
antennas designed to receive television broadcast signals only may be placed on any Lot if they
are not visible from any street and are screened from neighboring Lots. The ARC may adopt
reasonable rules and regulations governing the installation, safety, placement, and screening of
such antennas, satellite dishes, and other transmission devices. Such rules shall not unreasonably
delay or increase the cost of installation, maintenance, or use or preclude reception of a signal of
acceptable quality (the ARC, in its sole discretion, may determine what constitutes a signal of
acceptable quality). Such rules and regulations may prohibit installation of exterior satellite
dishes or antennas if signals of acceptable quality can be received by placing antennas inside a
Unit without causing an unreasonable delay or cost increase.
11.20 Clothes Han!!in!! Devices. Clothes hanging devices exterior. to a Unit shall be
temporary, unaffixed structures not to exceed six (6) feet in height and shall not be placed nearer
to any street abutting the Lot than the side yard setback line or the back of the Unit constructed
on the Lot. Clothes hanging devices shall be screened from public view by a fence approved by
the ARC.
11.21 Window Treatments. Aluminum foil, reflective film, newspapers or similar
treatments shall not be placed on windows or glass doors. .
11.22 Oil and Minin!! ODerations. No oil drilling, oil development operations, oil
refining, quarrying or mining operation of any kind shall be permitted upon or in any Lot, nor.
shall oil wells, tanks, tunnels, mineral excavations, or shafts be permitted upon any Lot. No
derrick or other structure designed for use in boring for oil or natural gas shall be erected,
maintained or permitted upon any Lot. No tank for the storage of oil or other fluids may be
maintained on any of the Lots above the surface of the ground.
11.23 Gara!!es. Garages may be used asDeclarant's sales offices before permanent
occupancy of the main structure; however, sales offices most be converted to garages before
permanent occupancy. With the exception of periods when garages are used by the Declarant as
sales offices, a garage shall be maintained solely for the storage of automobiles, and no garage
may be enclosed or oth~rwise used for habitation, nor may any garage door bCtJI?~erel!.c~pt' ~ ~'. I~ ~: D
when necessary to repaIr or replace a garage door With the same type of garage door. ~\ II tr'." M ! k' /""" . .
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11.24 Building Envelopes. No Unit may be constructed on a Lot outside of the building
envelope shown on attached Exhibit D or the Plat (if any). If no building envelope is shown on
a Lot on attached Exhibit D or the Plat, then an Owner must comply with the setback
requirements described in Section 11.25.
11.25 Setback Lines. All Units and other structures (including fences), permanent or
temporary, habitable or uninhabitable, must be constructed, placed and maintained in conformity
with setback standards imposed by the local govemmental juris~ictional authority.
11.26 Athletic and Recreational Facilities. Outdoor athletic and recreational facilities
such as basketball hoops, swing sets and sport courts of a permanent nature shall not be placed
on any Lot in the Subdivision between the street and the front of a Unit; placement of these
facilities of a permanent nature elsewhere on the Lot must be approved in advance by the ARC.
Temporary facilities including outdoor athletic and recreational facilities such as basketball
hoops may be placed on any Lot between the street and front of a Unit, provided that such
facilities are removed from view when not in use but not later than at the end of each day.
Temporary facilities including outdoor athletic and recreational facilities such as basketball
hoops, hockey goals, etc. shall not be placed on any street within the Subdivision.
11.27 Water and Sewage Svstems. No individual water supply system or sewage
disposal system shall be permitted on any Lot, including but not limited to water wells, cesspools
or septic tanks.
11.28 Exterior Holidav Decorations. Lights or decorations may be erected on the
exterior of Units in commemoration or celebration of publicly observed holidays provided that
such lights or decorations do not unreasonably disturb the peaceful enjoyment of adjacent
Owners by illuminating bedrooms, creating noise or attracting sight-seers. Holiday decorations
or lights for any publicly observed holiday between December I and December 31 of any year,
may not be displayed before November'I5th of any year. For other holidays, deCorations or lights
may not be displayed more than two (2) weeks in advance of the holiday.
All lights and decorations that are not permanent fixtures ofthe Unit which are part of the
original construction or'have been properly approved as permanent improvemerits by the ARC
shall be removed within thirty (30) days after the holiday has ended.
11.29 Retaining Walls. Retaining walls may be constructed on a Lot only if in
compliance with any adopted Design Guidelines and only if approved in advance by the ARC.
Retaining walls may extend into the required front, side or rear setback lines of a Lot. The ARC
may require any retaining wall which exceeds two (2) feet in height be designed by a qualified
professional engineer licensed to practice engineering in the state of Oregon. Retaining walls
constructed by the Declarant shall be exempt from this Section 11.29. '
11.30 Household Chemicals. Owners shall be prohibited from dumping or otherwise
disposing of household chemicals within the Property, including, but not limited to, cleaning
agents, automotive fluids, paint, solvents and other toxic chemicals.
11.31 Prohibited Plants.
species of plants on th~ Lots:
Owners shall be prohibited from planting the following
RECEIVED
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(a) Cystisus scoparius, commonly known as Scotch broom;
(b) Hedera helix, commonly known as English ivy;
(c) Lythrum salicaria, commonly known as purple loosestrife;
(d) Phalaris arundinacea, commonly known as reed canary grass; and
(e) Rubus discolor, corrimonly known as Himalayan blackberry.
11.32 Rezonine: Prohibited. No Owner may apply to the local zoning authority to
rezone a Lot to any classification allowing commercial, institutional or other non-residential use.
11.33 Lot Consolidation and Division.. No Lot may be consolidated with another Lot
and no Lot may be further subdivided. This restriction shall not apply to Declarant.
11.34 Drainae:e Alteration Prohibited. The surface water drainage contoUrs of each
Lot shall confonn to the approved grading plan established by the Declarant. No Owner shall fill
or alter any drainage swale established by the Declarant, nor shall any Owner install landscaping
or other improvements that divert surface water runoff from the drainage patterns, swales and
easements established by the Declarant without the prior written approval of the ARC.
ARTICLE 12-SPECIAL DECLARANT AND BUILDER RIGHTS
In addition to any rights or easements reserved to Declarant or Builders elsewhere in this
Declaration or any of the other Governing Documents, Declarant and/or Builders shall have the
following rights in respect to the Subdivision:
12.1 Development and Sales Activities.
12.1.1 So long as Declarant owns a Lot within the Subdivision, Declarant
shall have the right to construct and maintain upon portions of the Common Areas and any Lots
owned by DeclarantsuchJacilities and activities as Declarant, in its sole opinion, may require or
desire in connection with the construction and sale of Units and Lots within the Subdivision,
including (but not limited to) business and construction offices (within Units or in free standing
trailers), signs, banners and flags, and model units and sales offices (within Units or in free
standing trailers), subject'to compliance with City ordinances. Declarant shall have easements
for access to and use of stich facilities at no charge.
12.1.2 So long as a Builder owns a Lot within the Subdivision, the Builder
shall have the right to construct and maintain upon any Lot owned by the Builder such facilities
and activities as the Builder reasonably requires or desires in connection with the construction
and sale of Units within the Subdivision on Lots owned by the Builder, including (but not limited
to) business and construction offices (within Units or in free standing trailers), signs~ banners and
flags (subject to Section 11.8.7), and model units and sales offices (within Units or in free
standing trailers).. subject to ~es ~d restrictions established by Declarant frolJh~I]}e,t.Dlin).eiand~ V. . r::" D:; .
subject to compliance WIth CIty ordmances. 1I"'~ ~:: L t: ~ .. b ~
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12.2 ,Control of and Chan2es in Development Plan. Every Owner, by acceptance of
the deed to their Lot, acknowledges that the Subdivision is a multi-phased master planned
community, the development of which is likely to extend over many years, and that changes in
the master plan will likely occur as the development ofihe Subdivision proceeds. Each such'
Owner therefore agrees not to protest, challenge or otherwise object to changes made or
proposed by Declarant in the development plan or in the uses or density of property beyond the
boundaries of that shown on the recorded subdivision plat for the phase within which its Lot is
located. The rights and limitations set forth in this Section 12.2 shall continue to effect until
Declarant no longer owns any Lots within the Subdivision.
12.3, Ri2ht to Transfer or Assi2n Declarant Ri2hts. Any or all of Declarant's special
rights and obligations set forth in this Declaration or any other Governing Docwnents may be
transferred in whole or in part by Declarant by written instrument executed and acknowledged by
Declarant andrecorded in the real property records for Lane County, Oregon. The foregoing
sentence shalb not preclude Declarant from permitting other persons to exercise, on a ,one time or
limited basis, any right reserved to Declarant in this Declaration where Declarant does not intend
to transfer such right in its entirety, and in such case it shall not be necessary to record any
written assignment unless necessary to evidence Declarant's consent to such exercise.
12.4 . Ri2ht to Convey Tract C. All or portions of Tract C, Westwind Estates'consists
of wetlands. Declarant reserves the right, for the benefit of itself and the Association, to convey
Tract C, Westwind Estates to a conservatio[) organization or governmental authority, in which
event Tract C; Westwind Estates shall no longer be part of the Subdivision or Common Areas, or
subject to the terms of this Declaration.
ARTICLE 13-ANNEXATION
13.1 Annexation bv Declarant. Declarant may from time to time and in its sole
discretion annex to the Subdivision as "Additional Property" any real property now or hereafter
acquired by it, and may also from time to time in its sole discretion permit other holders of real
property to annex the real property owned by them to the Subdivision. The rights reserved unto
Declarant to subject additio[)al real property to the Declaration shall not be implied Q,r construed
so as to impose any obligation upon Declarant to subject any of such additional real property to
this Declaration or to the jurisdiction of the Association nor any obligation, if subjected, to build
improvements of any kind. The annexation of such real property shall be accomplished as
follows:
(a) The owner or owners of such real property shall record an amendment to
this Declaration.which shall be executed by or bear the approval of Declarant and shall, among
other things, describe the real property to be aImexed, establish land classifications for the
Additional Property, establish any additional limitations, uses, restrictions, covenants and
conditions which are intended to be applicable to such property, and declare that such property is
held and shall be held, conveyed, hypothecated, encwnbered, used, occupied and improved
subject to this Declaration. Any such annexation shall be effective upon the filing for record of
such i!me,nc!ll]ent t~ !)!is Declaration unless otherwise provided therein.
RECE;VED
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(b) The property included in any such annexation shall thereby become a part
of the Subdivision and this Declaration, and Declarant and the Association shall have and shall
accept and exercise administration of this Declaration with respect to such Additional Property.
(c) Notwithstanding any provision apparently to the contrary, an amendment
to this Declaration with respect to any Additional Property may:
(i) establish such new land classifications and such limitations,
uses, restrictions, covenants and conditions with respect to such property as Declarant may deem
to be appropriate for the development of the Additional Property; and
(ii) with respect to existing land classifications, establish
additional or different limitations, uses, restrictions, covenants and conditions with respect to
such property as Declarant may deem to be appropriate for the development of such Additional
Property;
(d) There is no limitation on the number of Lots which Declarant may create
or annex to the Subdivision, except as may be established by applicable ordinances of the local
governmental authority. Similarly, there is no limitation on the right of Declarant to annex
common property, except as may be established by applicable ordinances of the local
governmental authority. .
(e) Upon annexation, additional Lots so annexed shall be entitled to voting
rights as set forth in Article 2 above.
(f) The formula to be used for reallocating the common expenses if additional.
Lots are annexed and the manner of reapportioning the common expenses if additional Lots are
annexed during a fiscal year are set forth in Article 3 above.
(g) No consent or joinder of any Class A Member or other party except the
record owner of the land being annexed shall be necessary to effect any annexation made
pursuant to this Section 13.1.
13.2 Annexation bv Action of Owners. At any time after the Turnover Meeting, the
Board may request approval of the Owners for the annexation of additional property into the
Subdivision to be subject to all of the terms of this Declaration to the same extent as if originally
included herein. No such annexation shall be effective unless approved by at least sixty percent
(60%) of the vote of the Owners, and the consent of the Declarant so long as the Declarant is a
Class B member. Any property that is adjacent to or contiguous with existing property subject to
this Declaration (even if such property is located across a street) may be annexed hereto,
according to the foregoing requirements; provided; however, that no such annexation shall be
effective without the consent and joinder of the owners of the property to be annexed. Such
annexation shall be evidenced by an amendment to this Declaration signed by the president and
secretary of the Association certifying that the amendment was adopted in accordance with this
Declaration and ORS 94.590, acknowledged in the manner provided for acknowledgment of
deeds, and recorded in the o~cial ~ecords of Lane County, Oregon. For PUI'f!2,sf. ~.?~~Otih$~ ~ '\ l ir: D
an annexatIOn pursuant to thiS SectIOn 13.2, Declarant shall be treated as a Class A Member Wlth '\q b'
'. ! U UI:im&:!l~IIi~1II
one (I) vote pei'Lot oWned.
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ARTICLE 13 -- MORTGAGE PROVISIONS
The following provisions are for the benefit of holders, insurers and guarantors of first
Mortgages on Lots. The provisions of this Article shall apply to both this Declaration and to the
Bylaws notwithstanding any other provisions contained therein.
13.1 Notices of Action. An institutional holder, insurer or guarantor of a First
Mortgage who provides wri.tten request to the Association (such request to state the name and
address of such holder, insurer or guarantor and the street number of the Lot to which its
Mortgage relates, thereby becoming an "Eligible Holder"), will be entitled to timely written
notice of:
(a) any condemnation loss or any casualty loss which affects a material
portion of the Property or Additional Property or which affects any Lot on which there is a first
Mortgage held, insured or guaranteed by such Eligible Holder;
(b) any delinquency in the payment of assessments or charges owed by an
Owner of a Lot 'subject to the Mortgage of such Eligible Holder, where such delinquency has
continued for a period of sixty (60) days; or any violation of this Declaration or any other
Governing Documents which is not cured within sixty (60) days;
(c) any lapse, cancellation, or material modification of any insurance policy
maintained by the Association; or
(d) any proposed action which would require the consent of a specified
percentage of Eligible Holders.
13.2 Special FHLMC Provision. So long as required by the Federal Home Loan
Mortgage Corporation, the following provisions apply in addition to and not in lieu of the
foregoing. Unless at least sixtycseven percent (67%) of the First Mortgagees or OwnerS
representing at least sixty-seven percent (67%) of the total outstanding vote of the Association
consent, the Association shall not: .
(a) by act or omission seek to abandon, partition, subdivide, encumber, sell, or
transfer all or any portion of the real property comprising the Common Areas which the
Association owns, directly or indirectly (the granting of easements for public utilities or other
similar purposes consistent with the intended use of the Common Area shall not be deemed a
transfer within the meaning of this subsection);
(b) material change in the method of applying assessments and other lienable
charges to Lots (this restriction shall not apply to the determination of the amount of any
assessments or other charges);
(c) by act or omission change, waive, or abandon any scheme of regulations
or enforcemen} thereof pertaining to the architectural design, exterior appearance or maintenance
of L?ts ami the.l::;omglOn Areas (the issuance and amendment of Design Guidelines or
architectw;al standards and related procedures, Rules and Regulations, or uSI'As~sY09!! s!?&b. P'" .
not constitute ~ change, waiver, or abandorunent within the meaning of this R~Sio't; I:: I V ~= D
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(d) fail to maintain insurance, as required by this Declaration; or
( e) use hazard insurance proceeds for losses to any Common Areas for other
than the repair, replacement, or reconstruction of such property.
First Mortgagees may, jointly or singly, pay taxes or other charges which are in default
and which mayor have become a charge against the Common Areas and may pay overdue
premiums on casualty insurance policies or secure new casualty insurance coverage upon the
lapse of an Association policy, and First Mortgagees making such payments shall be entitled to
immediate reimbursement from the Association. .
13.3 No Priority. No provision of this Declaration or the Bylaws gives or shallbe
construed as giving any Owner or other party priority over any rights of the First Mortgagee of
any Lot in the case of distribution to such Owner of insurance proceeds or condemnation awards
for losses to or a taking of the Common Areas. .
13.4 Notice to the Association. Upon request, each Owner shall be obligated to
furnish to the Association the name and address of the holder of any Mortgage encumbering such
Owner's Lot.
13.5 Applicability of this Article. Nothing contained in this Article shall be
construed to reduce the percentage vote that must otherwise be obtained under the Declaration or
other Governing .Documents, or under Oregon law for any of the acts set out in this Article.
13.6 Failure of Morte:ae:ee to Respond. Any Mortgagee who receives a written
reqiIest from the Board to respond to or consent to any action shall be deemed to have approved
such action if the Association does not receive a written response from the Mortgagee within
sixty (60) days of the date of the Association's request, provided such request is delivered to the.
Mortgagee by certified or registered mail, return receipt requested. An affidavit from the
President of the Association indicating that a Mortgagee did not respond to a request and is
therefore deemed to have consented to the requested action, along with a copy"ofthe return
receipt signed by or on behalf of the Mortgagee, may be attached to any amendment to this
Declaration and the Bylaws of die Association and shall be conclusive proof such Mortgagee's
consent and approval of such action.
ARTICLE 14-AMENDMENT
14.1 General Amendments.
14.1.1 Except as otherwise specifically provided in this Declaration, this
Declaration may only be amended by Owners holding at least seventy.five percent (75%) of the
votes of the Association, and the consent of the Declarant so long as the Declarant is a Class B
member. Prior to the Turnover Meeting, however, Declarant shall. be treated as a Class A
member with one (I) vote per Lot owned for purposes of voting on an amendment to this
Declaration under this Section 14.1. In no event shall an amendment under this Section 14.1: (a)
limit or diminish any right of Declarant .reserved in this Declaration wi~out t.he~"(Pttel~'c<2~;;. ~9 \. P" ::: D~" - .
of Declarant; or (b) change the boundanes of any Lot or any uses to which any4:'o,ns restn~tea ~ ~ ~,r - .
as stated in. this Declaration, or change the method of determining liability felf aMs~~nt';;,I'the '""""
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method of determining the right to common profits of the Association or the method of
determining voting rights of any Lot unless the Owhers of the affected Lots unanimously consent
to the amendment.
14.1.2 An amendment to this Declaration may be proposed by a majority of
the Board or by at least thirty percent (30%) of the Owners.
14.1.3 Upon approval of an amendment as provided herein, the president and
secretary of the Association shall execute an instrument amending this Declaration and certifYing
that the amendment was adopted in accordance with this Declaration and ORS 94.590, which
certification shall be properly acknowledged in the manner of acknowledgment of deeds, and the
Board, or other duly appointed and authorized persons, shall record the instrument amending this
Declaration in the official records of Lane County, Oregon. No ainendment to this Declaration is
effective until recorded, and the effective date of an amendment is the date of recording, unless a
later date is indicated in such amendment.
14.2 Declarant Amendments. In addition to specific amendment rights granted
elsewhere in this Declaration, the Declarant reserves the right to unilaterally amend this
Declaration for any purpose until conveyance of the first Lot toa person other than Declarant or
a successor declarant. Thereafter, Declarant may unilaterally amend this Declaration if such
amendment is necessary to (a) bring this Declaration into compliance with any provision oflaw,
including (but not limited to) regulatory amendments permitted by Section 14.3; (b) correct
scriveners' or clerical errors; and (c) add Additional Property pursuant t9 Section 13.1.
Declarant shall also have the right to unilaterally amend this Declaration for any other purpose
prior to the Turnover Date provided that the amendment has no material adverse effect upon any
right of any Owner, unless such Owner consents to such change in writing.
14.3 ,Regulatory Amendments. Notwithstanding any other provisions of this Article
IS, and consistent with terms ofORS .94.585, Declarant shall have the right to unilaterally amend
this Declaration prior to the Turnover Meeting in order to comply with the requirements of the
Federal Housing Administration, the United States Department of Veterans Affairs, the Farmer's
Home Administration of the Uniteg States, the Federal National Mortgage Association, the..
Government National Mortgage Association, the Federal Home Mortgage Loan Corporation, any
department, bureau, board, commission or agency of the United States or the State of Oregon or
any corporation wholly owned, directly or indirectly, by the United States or the State of Oregon
which insures, guarantees or. provides financing for a planned community or lots in a planned
community.
ARTICLE IS-REMEDIES
15.1 Remedies. If any default by any Owner under the provisions of the Declaration
or other Governing Documents shall occur, the Association and any Owner shall have each and
all of the rights and remedies which may be provided for in this Declaration and any of the other
Governing Documents, and those which may be available at law or in equity, and may prosecute
any action or other proceedings against such defaulting Owner and/or others for enforcement of
any lieh;"stiitutciry of otherwise, including foreclosUre of such lien and the appointment of a
receiver for the Lot and ownership interest of such Owner, or for damages or injunction, or
.'. sp':cificpe~:~rmiUice, or for judgment for payment of money and collection Ri:::C E 1\/ ED
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combination of remedies, or for any other relief, but in all cases subject to the limitations and
requirements Section 15.2 and the Act. No rights or remedies herein provided or available at law
or in equity shall be deemed mutually exclusive of any other such remedy. Any and all of rights
and remedies may be exercised at any time and from time to time, cumulatively or otherwise, by
the Association or any Owner.
. To the extent allowed by law, notwithstanding any other provision of this Declaration or
other Governing Documents, the Association shall not expend in excess of $5,000 for attorney
fees and costs for any reason unless such expenditure is first approved by Owners holding at
least fifty percent (50%) ofthe votes of the Association. The foregoing limitation shall not apply
to actions for delinquent assessments or other charges under this Declaration or the Governing
Documents; actions to appoint a receiver; actions to summarily abate, enjoin and remove a
structure or condition that violates this Declaration or the other Governing Documents; or for the
defense of the Association of an action or proceeding brought against the Association (except for
non-mandatory counterclaims).
All expenses of the Association in connection with any actions or proceedings, including
court costs and attorneys' fees and other fees and expenses, and all damages, liquidated or
otherwise, together with interest thereon at the maximum rate permitted by law from the due date
until paid, shall be charged to and assessed against such defaulting Owner, and shall be added to
and deemed part of his or her respective assessment (to the same extent as the lien provided
herein for unpaid assessments) upon the Lot and upon all of his additions and improvements
thereto, and upon all of his personal property upon the Lot.
15.2 Dispute Resolution. Before initiating litigation or an administrative proceeding
in which the Association and an Owner have an adversarial relationship, the party that intends to
initiate litigation or an administrative proceeding shall offerto resolve the problem through a
dispute resolution program pursuant to terms of ORS 94.630(4). The written offer to resolve the
dispute must be hand-delivered or mailed by certified mail, return receipt requested, to the other
party at the address contained in the records of the Association. The requirements of this Section
15.2, however, do not apply to circumstances in which irreparable harm to a party will occur due
to delay or to litigation or an administrative proceeding initiated to collect assessments (other
than assessments attributable to fines).
15.3 Attornevs' Fees. If an action or proceeding is commenced to enforce the terms
of this Declaration, the prevailing party shall be entitled to its attorney fees and costs in-such suit.
or action to be fixed by the trial court, and in the event of an appeal, the cost of the appeal,
together With reasonable attorney fees, to be set by the appellate court. In addition thereto, the
Association shall be entitled to its reasonable attorney fees incurred in any enforcement activity
taken to collect delinquen~ assessments, whether or not suit or action is f1led.
. ARTICLE 16-GENERALTERMS
16.1 Successor Declarant. Declarant may assign and delegate one or more of .
Declarant's rights and obligations hereunder to one or more successor declar,an~sFEa9h""Sucg: ~ 'J~:: 0
assignment shall (i) be in writing, (ii) be recorded in the real property records"-o'n,;an6~uiny" ~ II t:.
Oregon, (iii) specify the rights and obligations being assigned and delegatedl\o lfiiesuccessor
declarant, and (iv) identifY the portion of the Subdivision to which the assignment pe~lWls2 0 20\0
38 - Declaration of Protective Covenants, Conditions and Restrictions
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16.2 ' Term. The covenants and restrictions of this Declaration shall run with and bind
the land for a term of twenty (20) years from the date this Declaration is recorded, after which
time they shall be automatically extended for successive periods of twenty (20) years unless
amended or terminated as provided in Article 14.
16.3 Rights and Obligations. The provisions of this Declaration and the other
Governing Documents and the rights and obligations established thereby shall be deemed to be
covenants running with the land and shall inure to the benefit of, and be binding upon, each and,
all of the Owners and their respective heirs, representatives, successors, assigns, purchasers,
grantees and Mortgagees. By the recording or the acceptance of a deed conveying a Lot or any
ownership interest in the Lot whatsoever, the person to whom such Lot or interest is conveyed
shall be deemed to accept and agree to be bound by and subj ect to all of the provisions of this
Dedaration and the other Governing Documents, whether or not mention thereof is made in said
deed.
16.4' Waiver. No restriction, condition, obligation or provision contained in this
Declaration shall be deemed to have been abrogated or waived by reason of any failure to
enforce the same, irrespective ofthe number of violations or breaches thereof that may have
occurred and the number of times that the pertinent restriction, condition, obligation or provision
was not enforced.
16.5 Severability. Invalidation or partial invalidation of any provision of this
Declaration shall not affect any of the remaining provisions of the Declaration.
16.6 Personal Pronouns. All personal pronouns used in this Declaration, whether
used in the masculine, feminine or neuter gender, shall include all other genders; the singular
shall include the plural, and vice versa,
16.7 Headings. The headings contained in this Declaration are for reference purposes
only and shall not in any way affect the meaning or interpretation of this Declaration. '
16.8 Conflicts. If there is a conflict between the terms of this Declaration and any
other Governing Documents, this Declaration shall control.
16.9 Security. The Association may, but is not obligated to, maintain or support
certain activities within the Subdivision designed to increase security within the Subdivision,
NEITHER THE ASSOCIATION NOR THE DECLARANT SHALL IN ANY WAY BE
CONSIDERED INSURERS OR GUARANTORS OF .SECURITY WITHIN THE
SUBDIVISION, AND NEITHER PARTY SHALL BE LIABLE FOR ANY LOSS OR
DAMAGE BY REASON OF FAILURE TO PROVIDE ADEQUATE SECURITY OR
INEFFECTIVENESS OF SECURITY MEASURES UNDERTAKEN.
[Signature appears on the following page]
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RECtr=iVI!FD
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IN WITNESS WHEREOF, the Declarant has executed and delivered this instrument on
the ,,-to... day of \:leC~ 2009.
. DECLARANT:
HAYDEN HOMES, LLC,
an Oregon Limited Liability Company
~~
Name: 1.J."b<T~
Title: CEo 0
STATE OF OREGON )
) ss.
County of Deschutes )
The foregoing instrument was acknowledged before me this "~ day of ~~
2009, by 'ci(u ~r'\ '.n~ the r. F:l'l of Hayden Homes, LLC, an Oregon
Limited Liability Company, on behalf of the company.
. ".l..X'l'>\n. ~(S\ d::rf ,'0...
. . Notary Public, te of Oregon
J . My.<:;ominission.Expires: ,-\ B. 001 \
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. OFFICIAL SEAL
KIMBERLY GUTHRIE
. NOTARY PUBLIC- OREGON
. . COMMISSION NO. 418529
MY COMMISSION EXPIRES lUllS 2a1l
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40 - Declaration of Protective Covenants, Conditions and Restrictions
PDXlII1513/153678/RSB/5286350.2
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EXHIBIT A
PROPERTY SUBJECT TO DECLARATION
Real property located in the City of Springfield, County of Lane and State of Oregon, being more
particularly described as follows:
Lots I through !OI, and Tracts B, C, D, E and F, Westwind Estates, as shown on the plat
thereof recorded in the plat records of Lane County, Oregon contemporaneously
herewith.
RECEIVED
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EXHIBIT A
POX/I J 15131153678/RSB/5286350.2
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EXHIBIT B
BYLAWS OF THE ASSOCIA nON
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JAN 20 2010
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BYLAWS OF WESTWIND ESTATES HOMEOWNERS ASSOCIATION
ARTICLE I
NAME AND LOCATION
The name of the Association is the Westwind Estates Homeowners Association, an
Oregon nonprofit corporation, hereinafter referred to as the "Association." The initial registered
office of the Association shall be located at 2464 SW Glacier Place, Suite 110, Redmond,
Oregon 97756.
ARTICLE II
DEFINITIONS
2.1 "Act"
"Act" shall mean the Oregon Planried Community Act, being ORS 94.550 et seq., as
amended from time to time.
2.2 "Association"
"Association" shall have the meaning given in the introductory paragraph to these
Bylaws.
23 "Board"
"Board" sball mean the Board of Directors of the Association.
2.4 "Conversion Date"
. "Conversion Date" shall be the daie upon which Class B membership shall cease and be
converted to Class A membership. Such date shall be the date which is the earlier of (i) the date
at which seventy-five percent (75%) of the total Lots anticipated to be created within the
subdivision have been conveyed to Class A members; (ii) ten (l0) years after conveyance of the
first Lot to a Class A member; or (iii) upon election in writing by Declarant.
2.5 "Declarant"
"Declarant" shall mean Hayden Homes, LLC, an Oregon limited liability company, and
its successors and assigns who are designated as such in writing by Declarant, and who consent
in writing to assume the duties and obligations of Declarant with respect to the Lots acquired by
each successor or assign.
2.6 . "Declaration"
"Declaration" shall mean and refer to the Declaration of Protective Covenants,
Conditions, and Restrictions for W estwind Estates, and any amendments or supplements thereto
made in accordance with its terms. R E C E I V E
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2.7 "Directors"
"Directors" shall mean the Board of the Association.
2.8 "Governing Documents"
"Governing Documents" shall mean the Declaration and the Article of Incorporation,
Bylaws and Rules and Regulations of the Association, all as may be amended from time to time.
2.9 "Lot"
"Lot" shall mean the plots ofland indicated as such on the Plat. The term "Lot"
sp~cifically excludes Common Areas.
2.10 "Member"
"Member" or "Members" shall mean Declarant and every record owner, whether one (1)
or more persons or entities; of fee simple title to'any Lot, including contract sellers, but
excluding those having an interest merely as security for the performance of an obligation.
There shall be two (2) classes of membership, Class A and Class B, as described in Section 2.2
of the Declaration and in Section 3.3 of these Bylaws. All Members shall also be Owners.
2.11 "Owner"
"Owner" or "Owners" shall mean Declarant and every record owner, whether one or
more persons or entities, of a fee simple title to any Lot, including contract sellers, but excluding
those having an interest merely as security for the performance of an obligation. All Owners
shall also be Members.
2.12 "Plat"
"Plat" shall mean the plat map or maps described in Article I of the Declaration.
2.13 "Property"
"Property" shall mean the real property described in Exhibit A to the Declaration and
such additions thereto as may be brought within the jurisdiction of the Association and be made
subject to the Declaration.
2.14 "Transitional Advisory Committee"
"Transitional Advisory Committee" shall mean the committee described in Section 4.2 to
assist in transitioning administrative responsibility for the Association from Declarant to the
Members.
2.15 "Turnover Meeting" 0 ~~: r ~~:: ~ ~~ '~ri:;':: ~D'
"Turnover Meeting" shall be the meeting called by the Declarant forah~~o'sd;f~""" ~ J b '
turning over administrative responsibility of the Association to the Members.
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'2.16 Other Terms
Capitalized terms used herein without definition shall have the respective meanings given
to them in the Declaration.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS
3.1 Membership
The Declarant and every Owner of a Lot by virtue of being an Owner of a Lot shall be a
Member of the Association. Membership shall be appurtenant to and shall not be separated from
ownership of any Lot. Transfer of ownership of a Lot shall automatically transfer membership in
the Association. Without any other act or acknowledgment, OwtIers shall be governed and
controlled by the Governing Documents. There shall be two classes of membership, Class A
and Class B, as described in Section 3.3 of these Bylaws.
3.2 Suspension
All yoting rights of a Member shall be suspended during any period in which such
Member is delinquent in the payment of any assessment duly established pursuant to the
Declaration oris otherwise in default hereunder or under any other Governing Documents. The
Board may also suspend the Member's right to use of any of the Common Areas during such
period of default.
3.3 Voting Rights
The Association shall have two (2) classes of voting membership:
A. Class A
Class A Members shall be all Owners with the exception of Declarant (provided that
Declarant shall become a Class A member from and after the Turnover Date) and shall be
entitled to one (I) vote for each Lot owned. When more than one (I) person holds an interest in
any Lot, all such persons shall be Members, but the vote for such Lot shall be exercised as they
among themselves determine, and in no event shall more than one (I) vote be cast with respect to
any Lot. If the co-Owners of a Lot cannot agree upon the Yote, the vote of the Lot shall be
disregarded in determining the proportion of votes with respect to the particular matter at issue.
B. Class B
The Class B Member shall be the Declarant, who shall be entitled to three (3) votes for
each Lot it owns. The Class B membership shall cease and be converted to Class A membership
on the Conversion Date.
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ARTICLE IV
MEETINGS OF MEMBERS
4.1 . Initial Meeting
The initial meeting of the Association shall be held within one (I) year after the
Association is formed by filing of the Articles of Incorporation. Declarant shall call the initial
meeting by written notice to each Owner in accordance with the requirements of Section 4.6,
except that Declarant shall fulfill the role of secretary.
4.2 Transitional Advisory Committee
Unless the Turnover Meeting has been held, the Declarant shall call a meeting of the
Members for the purpose of forming the Transitional Advisory Committee to assist in
transitioning administrative responsibility for the Association from the Declarant to the Members
within sixty (60) days after the conveyance to Owners other than the Declarant of fifty percent
(50%) or more of the Lots then existing in the Subdivision. If the meeting is not called by the
Declarant within the time specified, the meeting may be called and notice given by any Member.
Notice of the meeting shall be given in accordance with the requirements of Section 4.6.
The Transitional Advisory Committee shall be advisory only and shall consist of three (3)
or more members, with two (2) or more members selected by Members other than Declarant and
no more than one (1) member selected by Declarant. The Transitional Advisory Committee
members shall serve until the Turnover Meeting, If at the meeting to form the Transitional
Advisory Committee the Members, other than the Declarant, fail to select a Transitional
Advisory Committee, the Declarant shall have no further responsibility to form the Transitional
Advisory Committee. The requirement for a Transitional Advisory Committee shall not apply
once the Turnover Meeting has been held. The Tninsitional Advisory Committee shall have
reasonable access to all information and documents which Declarant is. required to turn over to
the Association under ORS 94.616.
4.3 Turnover Meeting
The Declarant shall call the Turnover Meeting for the purpose of turning over
administrative control of the Association to the Class A Members within ninety (90) days
following the Conversion Date. If the Declarant does not call the Tuniover Meeting within the
time specified, the Transitional Advisory Committee or any Owner may call the Turnover
Meeting. Notice of the Turnover Meeting shall be given in accordance with the requirements of
Section 4.6. At the Turnover Meeting, the Members shall elect a new Board in accordance with
the terms of Article V, and Declarant shall deliver to the Board the information and documents
required by ORS 94.616. In order to facilitate an orderly transition, during the three (3) month
period following the Turnover Meeting, Declarant or an informed representative shall be
available to meet with the Board on at least three (3) mutually acceptable dates to review the
information and documents delivered to the Board pursuant to this Section.
4.4 Annual Meetings F ~ F ~ l ..' f{'- ~D
:rhe Association shall hold a meeting of the Members each calendar a- .tLSuch;aJ:u~~ \J c ,:
meeting shall be held on a date and at a time designated by the Board from time to time, and'
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notice of the annual meeting shall be sent to all Members in accordance with the requiremenKof
Section 4.6. Annual meetings may not be conducted by written ballot.
At the annual meeting, new members of the Board shall be appointed or elected (as
applicable) to replace those members whose terms have expired pursuant to the terms of Section
5.3, and the Board shall transact any other business within the powers of the Association.
The order of business at annual meetings of the Association shall be:
(a) Calling of the roll and certifying of proxies;
(b) Proof of notice of meeting or waiver of notice;
(c) Reading of minutes of preceding meeting;
(d) Reports of officers;
(e) Reports of committees, if any;
(t) Election of Directors;
(g) Unfinished business;
(h) New business; and
. (i) Adjournment.
4.5 Special Meetings
Special meetings of the Association may be called at any time by the president, by a
majority of the Board, or by written request of Members entitled to cast at least twenty percent
(20%) of the votes of the Association. Notice of a special meeting shall be sent to all Members
in accordance with the requirements of Section 4;6, and business transacted at a special meeting
shall be restricted to the purposes set forth in such notice.
4.6 Notice of Meetings
Written notice of any meeting of the Association shall be given by the president,
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secretary or'other person authorized by the Board to call a meeting at least ten (10) days but not
more than fifty (50) days before such meeting. The notice shall be sent to each Member, and to
each Mortgagee who has requested notice, by first class mail, electronic mail or facsimile to the
physical address, e-mail address or facsimile number last appearing on the books of the
Association (or to such other physical address, e-mail address or facsimile number as a Member
or Mortgagee has designated in writing to the Association at least ten (10) days prior to the
giving of such notice of meeting); provided, however, that a notice of (i) failure to pay
assessments, (ii) foreclosure of an Association lien, or (iii) an action the Association may take
against a Member may not be sent by electronic mail or facsimile. A Member may decline to
receiv~,notice by electronic mail or facsimile by sending written notice to WC~IF.in n V' . ED
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which event all notices to such Member shall sent by first class mail. The notice of a meeting
shall state the time andplace of the meeting and the items on the agenda, including the general
nature of any proposed amendment to the Declaration or these Bylaws, any budget changes, or
any proposal to remove a Director or officer. Notice of a meeting may be waived by any
Member at any time before or after the meeting. No Member who is present at a meeting may
object to the adequacy or timeliness of the notice given.
4.7 Place of Meetings
Meetings of the Association shall be held within. ten (10) miles of the Subdivision, at an
exact location determined by the Board and designated in the notice required by Section 4.6.
4.8 Adjournment of Meetings
As permitted by ORS 65.214, if any meeting of the Members does not constitute a
quorum, the Members who are present, either in person or by proxy, may adjourn the meeting to
a time not less than two (2) days nor more than ten (10) days from the time ofthe original
meeting. The adjournment provisions of this Section do not apply to actions proposed to be
taken by written ballot.
4.9 Quorum
The presence at the meeting of Members entitled to cast, either in person or by proxy,
twenty percent (20%) of the votes of the Association shall constitute a quorum for any action,
unless a greater percentage is required elsewhere in the Declaration or these Bylaws. The
subsequent joinder of Member in the action taken at a meeting by signing and concurring in the
minutes thereof shall constitute the presence of such Member for the purpose of determining a
quorum. When a quorum is' once present to organize a meeting, it cannot be broken by the
subsequent withdrawal of a Member or Members.
.4.10 Majority Vote
When a quom is present at any meeting of the Members, the vote of Owners holding
more than fifty percent (50%) of the votes of the Association present, in person or by proxy, at
the meeting shall be binding on all Owners for all purposes, except where a higher percentage
vote is required by the Governing Documents or the Act.
4.11 Proxies
A vote may be cast in person or by proxy. A proxy may require the holder to cast a vote
for or against any special proposal set out in the notice calling the meeting. A proxy shall be in
writing and filed with the secretary before or during the meeting. A proxy shall expire one (J)
year after the date it was signed unless a shorter period is specified in the proxy; provided,
however, that appointment of a proxy is revoked if the Member appointing the proxy (i) attends
any meeting and votes in person, (ii) signs and delivers to the secretary either a writing stating
that the appointment of the proxy is revoked or a subsequent appointment form, or (iii) sells his
or her Lot. Un.less withdrawn, a prox~ given to another person .t~ vote at~~t~?rn1e~~g~ \. n= '0.\
shall also be valid at an adjourned meetmg called under the proVISIOns of ~ecR9~.'%.<;r'J.~= ~ \J L", I .
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Association must retain proxies and ballots for one (I) year from the date of the determination of
the vote. .
4.12 Fiduciary and Corporate Owners.
An executor, administrator, conservator, guardian or trustee may vote, in person or by
proxy, at any meeting of the Association with respect to any Lot owned or held in such capacity,
whether or not the same has been transferred to such person's name; provided, however, that
such person must provide the secretary with written evidence satisfactory to the secretary that the
person is the executor, administrator, conservator, guardian or trustee, holding such Lot in such
capacity. Any person voting on behalf of a Lot owned by a corporation or other entity must
provide the secretary with written evidence, satisfactory to the secretary, that such person is the
duly constituted representative thereof.
4.13 Voting by Mail or Electronic Ballot. .
Except as set forth in subsection (f) below, the Board, in its discretion, may provide that a
vote, approval or consent of any Member be given by regular mail, electronic mail or facsimile
in accordance with the procedure outlined below, For purposes of this Section, "written ballot"
shall include any ballot distributed by electronic mail or facsimile.
(a) In the case of an election of Board members by written ballot, then in
addition to the other requirements set forth in this SectioI} 4.13, the following procedures mus~ be
followed:
(i) the existing Board members must advise the secretary in writing of
the names of proposed Board members sufficient to constitute a full board and of a date
at least fifty (50) days after such advice is given by which all votes are to be received;
(ii) the secretary, within five (5) days after such advice is given, must
give written notice of the number of Board members to be elected and of the names of the
nominees to all Members;
(iii) the' notice must state that any such Owner may nominate an
additional candidate or candidates, not to exceed the number of Board members to be
elected, by giving written, notice of such nomination to the secretary on or before a
specified date which must be fifteen (IS) days from the date after the notice was given by
the secretary; and .
(iv) five (5) days after such specified date, the secretary must give
written notice to all Members, stating the number of Board members to be elected, stating
the names of all persons nominated by the Board and by the Members on or before the
deadline, stating that each Member may cast a vote by mail and stating the deadline
established by the Board by which such votes must be received by the secretary at the
address of the principal office of the Association (which must be specified in the notice)
and~at votes received after that date .will not be effective. R E C E ; V ED
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(b) Any action that may be taken at any annual, regular or special meeting of
the Association may be taken without a meeting if the Association delivers a written ballot to
every Association member that is entitled to vote on the. matter.
(i) A written ballot must set forth each proposed action and provide an
opportunity to vote for or against each proposed action. .
(ii) The Board must provide owners with at least ten (10) days' notice
before written ballots are mailed or otherwise delivered.
(iii) If, at least three (3) days before written ballots are scheduled to be
mailed or otherwise distributed, at least ten percent (10%) of the Owners petition the
Board requesting secrecy procedures, a written paper ballot must be accompanied by a
secrecy envelope, a return identification envelope to be signed by the owner and
instructions for marking and returning the paper ballot. In this instance, no electronic
mail voting will be accepted. Written paper ballots that are returned in secrecy envelopes
may not be examined or counted before the deadline for returning ballots has passed.
(c) Matters that may be voted on by written ballot will be deemed approved or
rejected as follows:
(i) If approval of a proposed action otherwise would require a meeting
at which a certain quorum must be present and at which a certain percentage of total
votes cast is required to authorize the action, the proposal will be deemed approved when
the date for return of ballots has passed, a quorum of Members has voted, and the
required percentage of approving votes has been received. Otherwise, the proposal will
be deemed to be rejected.
(ii) If approval of a proposed action otherwise would require a meeting
at which a specified percentage of Owners must authorize the action, the proposal will be
approved when the percentage of total votes cast in favor of the proposal equals or
exceeds such required percentage. The proposal shall be deemed to be rejected when the
number of votes cast in opposition renders approval impossible or when both the date for
return of ballots has passed and such required percentage has not been met.
(d) All solicitations for votes by written ballot must state the following:
(i) If approval of the proposal by written ballot requires that the total
number of votes cast equal or exceed a. certain quorum requirement, the number of
responses needed to meet such quorum requirement;
(ii) If approval of a proposal by written ballot requires that a certain
percentage of total votes cast approve the proposal, the required percentage of total votes
needed for approval; and .
(iii) If t~e matter being voted on is the electiBW)'otDir~ors:to~ thef IT.: D
Board, the additional items set forth in subsection (a) above. rt evil:: m V L,.,
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(e) All solicitations for votes by written oallot must specify the period during
which the Association will accept written ballots for counting, and a date certain on which all
ballots must be returned to be counted.
(f) Action by' written ballot may not substitute for the Turnover Meeting or
the annual meeting of the Association.
ARTICLE V
BOARD OF DIRECTORS
5.1 Number and Qualification
The affairs of the Association shall be managed by aBoard consisting of (i) betweerione
(I) and three (3) Directors (as determined by Declarant) prior to the Turnover Meeting; and (ii)
between three (3) Directors and five (5) Directors after the Turnover Meeting (as determined by
the Members from time to time). The Directors need not be Members prior to the Turnover
Meeting but shall be Members after the Turnover Meeting; provided, however, that if a Lot is
owned by more than one (I) Owner, only one (I) Owner of that Lot may serve on the Board at.
any time.
5.2 Appointment
Until the Turnover Meeting, Declarant shall appoint all Directors, and may remove and
replace any Director, with or without cause, except that Declarant may revocably or irrevocably
delegate the power to appoint, remove and replace Directors hereunder by written instrument
delivered to the Association naming the party to whom the power to appoint Directors has been
delegated. At and after the Turnover Meeting, the Directors shall be elected in the manner
provided in Section 5.3.
5.3 Election of Directors.
At the Turnover Meeting, the Directors appointed by Declarant or its appointee shall
submit their resignations and the Members shall elect new Directors as provided herein. If three
(3) Directors are elected, one (1) Director shall be elected for a term of one (I) year and two (2)
\ Directors for.a terrri of two (2) years. If five (5) Directors are elected, two (2) Directors shall be
elected for a term of one (I) year and three (3) Directors shall be elected to serve for a term of
(2) years. Thereafter, at each annual meeting of the Association, the Members shall elect the
number of Directors equal to the number whose terms are then expiring, each to serve a term of
two (2) years. Any Director may serve more than one (I) term. Voting for Directors shall not be
cumulative.
5.4 Removal
Any Director, other than a Director appointed by Declarant, may be removed, with or
without cause, by the affirmative majority vote of the Members present, in person or by proxy, at
any meeting of the Members at which a quorum is present. No removal of a Director is effective
unless the matter of remo~a1 was included in the notice of the meeting and the Director whose
removal is proposed is given the opportunity to be heard at the meeting. At the rEo ,~.i~,~be-.. . ~ \1 E D
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Members shall elect a replacement Director to serve the remainder of the replaced Director's
term.
5.5 Resignation
Any Director may resign at any time by sending a written notice of such resignation to
the secretary. Unless otherwise specified in such notice, a resignation shall take effect upon
receipt of the notice by the secretary.
5.6 Vacancies
Vacancies on the Board caused by the death, resignation, or removal of a Director shall
be filled by vote of the majority of the remaining Directors, even if they constitute less than a
quorum. Any Director so elected shall serve the remainder of the replaced Director's term.
5.7 Compensation.
No Director shall receIve compensation for any service he or she may render to the
Association. However, any Director may be reimbursed for his or her actual out -of pocket
expenses reasonably incurred in the performance of his or her duties.
5.8 Liability and Indemnification of Directors, Officers, Manager and Managing
Agent
The Directors and officers of the Association shall not be liable to the Association or the
Members for any mistake of judgment, negligence, or otherwise except for their own willful
misconduct or bad faith. The Association shall indemnify and hold harmless each Director and
officer and the manager or managing agent on behalf of the Association unless such contract
shall have. been made in bad faith or contrary to the provisions of the Declaration or of these
Bylaws. Each Director and officer and the manager or managing agent, if any, shall be
indemnified by the Association against all expenses and liabilities, including attorneys' fees,
reasonably incurred or imposed upon them in connection with any proceeding to which they may
be a party, or which they may become involved by reason of being or having been a Director,
officer, manager or managing agent and shall be indemnified upon any reasonable settlement
thereof; provided, however, there shall be no indemnity if the Director, officer, manager or
managing agent is adjudged guilty of willful nonfeasance, misfeasance or malfeasance in the
performance of their duties. As to any manager or managing agent this Section shall only be
applicable to third party tort claims up to the amount of the Association's liability insurance
coverage and shall not in any way apply to contractual liability or obligations under the
management contract.
5.9 Special Committees.
The Board by resolution may designate one or more special committees, each committee
to consist of two (2) or more Members which, to the extent provided in said resolution, shall
nave and may exercise. the powers set forth in said resolution. Such special committee or
committees shall have such name or names as may be determined frofif1jrne"to4ilrif1lYi! tP1 t)= D'
Board. Such special committees musl'keep regular minutes of their pro~~'dmgs ~d.ie1Joii the if"" il
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same to the Board when required. The members of such special committee or committees
designated shall be appointed by the Board or the president. The Board or the president may
appoint Members to fill vacancies on each of said special committees occasioned by death,
resignation, removal, or inability to act for any extended period of time.
5.10 Powers of Board
. The business and affairs of the Association shall be managed by the Board. The Board
may exercise all of the powers of an Association under the Act, except such as are by the laws of
Oregon or the Governing Documents conferred upon or reserved to the Members.. The Board
shall have the power to:
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(a) To adopt and publish the Rules and Regulations governing the use of
Common Areas, and the personal conduct of the Members and their guests thereon, and to
establish fmes for the infraction thereof;
(b) To suspend a Member's voting rights and/or right to use the Common
Areas (other than streets and roadways) during any period in which such Member is in default in
the payment of assessments levied,by the Association. Such rights may also be suspended, after
notice and a hearing, for a period not to exceed sixty (60) days for an infraction of the Rules and
Regulations or a violation of the Declaration;
(c ) To declare the office of a Director to be vacant in the event such Director
shall be absent from three (3) consecutive regular meetings of the Board without just cause
having been furnished to and accepted by the Board;
(d)' To adopt an arumal budget for the operation of the Association;
(e) To levy and collect assessments, late fees, interest and fines as provided in
the Governing Documents, including filing liens against Lots and instituting legal proceedings to
collect such assessments, late fees, .interest and fines;
(f) To appoint and disband such cOmrllittees as the Board deems appropriate;
(g) To establish, disburse and maintain such petty cash as is necessary for
efficiently carrying on the business of the Association;
(h) To engage the services of a manager, an independent contractor, or such
employees and contractors as it deems necessary, and to prescribe the conditions, compensation
and duties of their work. Such power shall include authority to enter into management
agreements with other parties to manage, operate or perform all or any part of the affairs and
business of the Association;
(i) To execute all declarations of ownersrnp for tax assessment purposes with
regard to the Common Areas, if any, on behalf of all Owners;
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G) To borrow funds to pay costs of operation of the Association with the
approval of sixty percent (60%) of the Members present at a meeting of the Members at which a
quorum is present;
(k) To grant easements or rights-of-way to any utility company, public agency
or to any other entity;
(1) To protect or defend the Corrunon Areas from loss or damage by suit or
otherwise, and to provide adequate reserves for maintenance and replacement of the Corrunon
Maintenance Areas;
(m) To adjust the amount, collect and use any insurance proceeds to repair
damage or replace damaged or lost property, and if proceeds are insufficient to repair damaged
or replace lost property, to assess the Owners in proportionate amounts to cover the deficiency;
(n) To enforce the provisions of the CJoveming Documents and to enjoin and
seek damages from any Owner for violation of such Governirig Documents; and
(0) To exercise any additional or different powers necessary or desirable for
the purpose of carrying out the functions of the Association pursuant to the Governing
Documents or otherwise promoting the general benefit of the Members of the Association.
5.11 Duties of Board
It shall be the duty of the Board:
(a) To cause to be kept a complete record of all its acts and corporate affairs
and to present a statement thereof to the Members at the annual meeting of the Members or at
any special meeting, when such statement is requested in writing by one-fourth (1/4) of the votes
of the Members who are entitled to vote; .
(b). To supervise all officers, agents and employees of this Association, and to
see that their duties are properly performed;
(c) To fix the amount of all assessments required or permitted under the
Declaration against each Lot, and to send written notice of each such assessment to every Owner;
(d) To issue, or to cause an appropriate officer to issue, upon demand by any
person, a certificate setting forth whether or not assessments have been paid in respect to a
particular Lot. A reasonable charge may be made by the Board for the issuance of these
certificates, and the information contained on the certificates shall be binding on the Association.
(e) To procure and maintain adequate liability and property insurance on
property owned by the Association or other property for which the Association has an obligation
under the Declaration or these Bylaws to insure and, if deemed appropriate, insurance on the
behalfofariy Dir~ctor, officer, employee, or ~gent of~e Association a~3~t;.~!.J.iaQility. ~l![:~ D
. asserted agamst hIm or her and mcurred by hIm or her m any such capacltYI.o.\"ans.mg,o,ut 'of n1s7 .-'
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(t) To cause all officers, employees or agents, having fiscal responsibility to
be bonded, as it may deem appropriate;
(g) To cause the Common Maintenance Areas to be maintained;
(h) To maintain a current mailing list of the Members and Mortgagees who
have requested notice of meetings and other events;
(i) To file annual tax returns for the Association;
(j) To adopt a budget annually for the Association to manage and operate the
Subdivision. Within thirty (30) days after adopting the annual budget, the Board shall provide a
summary to all Owners. If the Board fails to adopt a budget, the last adopted budget shall
continue in effect; and
(k) To perform all other duties of the Association and the Board as set forth in
the Governing Documents.
In performing its duties, the Board shall be governed by ORS 94.640 and the
applicable provisions of ORS 65.357, 65.361, 65.367, 65.369 and 65.377, as amended from time
to time.
ARTICLE VI
MEETINGS OF THE BOARD
6.1 Initial Meeting
The initial meeting of the Board shall occur within fourteen (14) days after the date the
initial meeting of the Members pursuant to Section 4.1. Notice of the initial meeting shall be
posted or sent to each Director and the Members in accordance with the requirements of Section
6.9.
6.2 Regular Meetings
Regular meetings of the Board may be held at such time as shall be determined from time
to time by a majority of the Directors. Notice of regular meetings shall be posted or delivered to
each Director and the Members in ~ccordance with the requirements of Section 6.9.
6.3 Special Meetings
Special meetings of the Board may be called at any time by the president or a majority of
the Directors. Notice of special meetings shall be posted or delivered to each Director and the
Members in accordance with the requirements of Section 6.9.
6.4 Emergency Meetings
. EJUe~gency' ~~etl~gs may be held without notice, if the reason for the emergency is
stated in the minutes of the meeting. Only emergency meetings of the BoarRE CdE'1 V ED
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by telephonic communication or by the use of a means of communication that allows all
Directors participating to hear each other simultaneously or otherwise be able to communicate
during the meeting.
6.5 Executive Session
At the discretion of the Board, the following matters may be considered in executive
sessIOn:
(a) consultation with legal counsel concerning rights and duties of the
Association regarding existing or potential litigation or criminal matters;
(b) personnel matters, including salary negotiations and employee discipline;
(c) negotiations of contracts with third parties;
(d) collection of unpaid assessments; and
(e) for any other purpose permitted by ORS 64.640, asarnended.from time to
time.
Except in emergencies, the Board shall vote in an open meeting whether to meet in
,executive session. If the Board votes to meet in executive session, the, president shall state the
general nature of the action to be considered and when and under what circumstances the
deliberations can be disclosed to Members. The statement, motion, or decision to meet in
executive session must be included in the minutes of the meeting. A contract or action
con?idered in executive session does not become effective unless the Board, following the
executive session, reconvenes in an open meeting and votes on the contract or action, which
must be reasonably identified in the open meeting and included in the minutes. .
6.6 Adjournment
Any meeting of the Board may be adjourned by a majoritY of the Directors present at the
meeting, even if a quorum is not present. When a meeting is adjourned for fewer than thirty (30)
days, no notice of the resumption or reconvening of the adjourned meeting need be given other
than by announcement at the meeting at which such adjournment takes place.
6.7 Board Meetings Open to all Members
Except of executive sessions, all meetings of the Board shall be open to the Members,
provided that no Member shall have the right to participate in the Board's meeting unless such
Member is also a member of the Board. The president shall have the right to exclude any
Member who disrupts the proceedings at a meeting of the Board.
6.8 Place of Meetings
Meetings of the Board shall be held within ten (10) miles of the I~u~<!ivisi~at>an ~xacf C D
location determined by the Board and designated in the notice required iYW~~~~~~pt I \1 c'
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6.9 Notice of Meetings
The secretary shall give written notice to each Director of any meeting of the Board at
least three (3) prior to the date set for such meeting, stating the purpose, time and location of the
meeting. Notice shall be sent to the address of each Director as listed on the books ofthe
Association, or to such other address as a Director may designate by written notice to the
secretary given at least ten (10) days prior to the giving of notice of the meeting. Notice of any
meeting may be waived by any Director at any time before or after the meeting. No Director
who is present at a meeting may object to the adequacy or timeliness of the notice given.
For other than emergency meetings, notice of Board meetings shall also be given the
Members by posting at a place or places within the Subdivision likely to be seen by all Members
at least three (3) days prior to the Board meeting, or by one of the means described in Section 4.6
not less than ten (10) days prior to the Board meeting.
6.10 Voting by the Board
Each 8irector shall have one (I) vote. The votes of more than fifty'percent (50%) of
Directors present at a meeting at which a quorum is present shall. constitute the act of the Board.
6.11 Quorum
The presence in person of a majority of the Directors shall constitute a quorum for voting
at a Board meeting. If less than a quorum is present at a meeting, a majority of the Directors
present auhe meeting may adjourn the meeting. At any adjourned meeting at which a quorum is
present, any business which might have been transacted at the meeting originally called may be
transacted without further notice.
ARTICLE VII
OFFICERS OF ASSOCIATION
7.1.. 'Enumeration of Officers
The principal officers of the Association shall be the president, secretary and treasurer,
each of whom shall be elected by the Board in accordance with Section 8.2. The Board may
appoint other officers as ih its judgment may be desirable. All officers must be Members, or
members of their immediate family, fiduciaries, beneficiaries or Mortgagees (and in the case of
Lots owned by corporations, trusts or partnerships, the offices may be held by directors, officers,
shareholders, trustees, partners or employees of such organizations).
7.2 Election of Officers
The officers of the Association shall be elected by the Board and shall hold office at the
pleasure of the Board and until their successors are elected and qualified. If any office becomes
vacant; the Board shall elect a successor to fulfill the unexpired term at any regular meeting of
the Board, or at any, special meeting of the Board called for such purpose. R E' ~ r""" ~ ':\ If E' .~.. D<:
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7.3 Term
The officers of the Association shall be elected by the Board and shall hold office for a
period of one (I) year, unless an officer resigns or is removed by the Board or is otherwise
disqualified for service.
7.4 Resignation and Removal
Any officer of the Association may be removed from office, with or without cause, upon
the affirmative vote of a majority of the Board and a successor elected at any regular meeting of
the Board or at any special meeting of the Board called for such purpose. An officer of the
Association may resign at any time by giving notice to the secretary. Such resignation shall take
effect on the date of receipt of such notice or at any later time specified therein; the acceptance of
such resignation shall not be necessary to make it effective.
7.5 Vacancies
A vacancy in any office may be filled by election at any regular meeting of the
Association or at a special meeting of the Board called for such purpose. The officer elected to
fill a vacancy shall serve for the remainder of the term of the officer he or she replaces.
7.6 . Multiple Offices
The offices of secretary and treasurer may be held by the same person. No person shall
simultaneously hold more than one of any of the other offices.
7.7 Duties
The duties of the officers of the Association are as follows:
President
The president shall be the chief executive officer of the Association. The president shall
preside at all meetings of the Members and Board and shall have all of the powers and duties
which are usually incident to the office of the chief executive officer of an Association,
including, but not limited to, the power to appoint committees from time to time as may, in the
president's discretion, be appropriate to assist in the conduct of the affairs of the Association. '
Secretary
The secretary shall keep minutes of all proceedings of the Board and minutes of all
Association meetings. The secretary shall attend to the giving and serving of all notices to the
Members and Directors and other notices required by law. Association records shall be kept by
tbe secretary, except for those of the treasurer. The secretary shall perform all otber duties.
incident to the office of secretary of an association and as may be required by the Directors or the
president.. In addition, the secretary shall act as vice president, taking the place of the president
~d perfo-~ing suc~' duties -;heneve.r the president is absent or unable tb~~~'Ce~thf;': ~ \. l~::: D~ .
Directors have appomted a vice preSident. ~ 11 V iJ",." ~ W tk.~.,"
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Treasurer
The treasurer shall be responsible for Association funds ana secuntJes and shall be
responsible for supervising the managing agent and causing the same to keep full and accurate
financial records and books of account showing all receipts and disbursements necessary for the
preparation of all required financial statements. The treasurer shall review the reports and
statements provided by the managing agent with respect to the deposit of all" funds and other
valuable effects in such depositories as may from time to time be designated by ~he Board, and
the disbursement of Association funds in accordance with the approved Association budget and
any special authorizations from the Board for unbudgeted items. The treasurer shall in general
perform all other duties incident to the office of treasurer of an association and such other duties
as may be assigned by the Board. The treasurer shall cause all assessments to be deposited in a
separate bank, account in the name of the Association and all expenses of the Association to be
paid from thataccount.
7.8 Execution ofInstruments
All agreements, contracts, deeds, leases and other instruments of the Association, except
checks, shall be executed by such person or persons as may be designated by general or special .
resolution of the. Board and, in the absence of any general or special resolution applicable to any
such instrument, then such instrument shall be signed by the president. All checks for less than
Two Thousand Four Hundred Ninety-Nine Dollars ($2,499.00) may be signed by the managing
agent or any duly elected officer of the Association. All checks of Two Thousand Five Hundred
($2,500.00) or more shall require the signatures of at least two (2) authorized signatories.
7.9 Compensation
Other than reimbursement of reasonable out-of-pocket expenses incurred on behalf of the
Association, no officer of the Association shall receive any compensation from the Association
for acting as an officer, unless such compensation is authorized by a majority vote of the
Members present, in person or by proxy, at a meeting of the Members at which a quorum is
present. .
ARTICLE VIII
BUDGET, ASSESSMENTS, RESERVE STUDY AND MAINTENANCE PLAN
8.1 Budget
The Board shall annually prepare and approve the budget for the Association and
distribute a copy thereof to each Member as provided in Section 3.1 of the Declaration.'
8;2 Assessments
The Association shall levy and collect assessments and other charges pursuant to the
terms of Article 3 of the Declaration. If Additional Property is annexed to the Subdivision, the
common expenses of the Association shall be reapportioned pursuant to the telEj 0f&CtW..!\_ ~ V'" """"
3.14 of the Dechiratioh. . r, t: l,; c ~' 't D
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8.3 Reserve Study and Maintenance Plan
The Declarant and Association shall prepare a reserve study and maintenance plan
pursuant to the terms of Section 3.3 of the Declaration.
ARTICLE IX
BOOKS AND RECORDS
9.1 Books and Records
The Association and managing agent (if applicable) shall keep (a) financial records
sufficiently detailed for proper accounting purposes, including an assessment roll for each Lot
(b) detailed records of the actions of the Board and managing agent (if applicable) and minutes
of Board and Association meetings, (c) a list of Owners entitled to vote at Association meetings
and a list of all Mortgagees whom have requested notice of meeting and other events, and (d) all
other documents; information and records required to be maintained by the Association under the
terms of the succeeding paragraph. All Association documents, information and records shall be
maintained within the State of Oregon at all times. .
The Association shall maintain within the State of Oregon the documents, information
and records required to be delivered to the Association under ORS 94.616 and all other records
of the Association for not less than the period specified for record under ORS 65.771 or any
other applicable law, except that (a) the documents specified in ORS 94.616(3)(0), ifreceived,
must be retained as permanent records of the Association, and (b) proxies and ballots must be
retained for one (I) year from the date of determination of the vote. Such documents,
information and records shall include, but are not limited to, the following: (i) the Declaration.
and Bylaws, including any amendments or supplements thereto, (ii) the Plat, including any
amendments or supplements thereto, (iii) the Rules and Regulations then in effect, (iv) the most
recent annual financial statement of the Association, (v) the current operating budget of the
Association, and (vi) any other documents required. by the Act to be maintained by the
Association. All docuinents, information and records shall be made reasonably available for
inspection and "duplication (at a reasonable fee) by Owners, Mortgagees, and prospective
purchasers of Lots upon written request", unless such documents are protected from disclosure
under ORS 94.670(8) or any other applicable law.
9.2 Financial Statements
Within ninety (90) days after the end of each fiscal year, the Board shall distribute to
each Member and, upon request, any Mortgagee a copy of the annual financial statement of the
Association, consisting of a balance sheet and income and expense statement for the preceding
fiscal year. Commencing with the fiscal year following the Turnover Meeting, (i) if annual
assessments exceed $75,000 for the fiscal year, then the Board shall cause such fmancial
statements to be audited within one hundred eighty (180) days after the end of the fiscal year by
an independent certified public accountant licensed in State of Oregon in accordance with the
Statements on Standards for Accounting and Review Services issued by the American Institute
of Certifie" d Public Accountants, or (ii) if the annual assessments are $7r5Zq,00"OT l~ Shill,," i'leau" ~se'l= D~
suchJeview within one hundred eight (180) days after receipt of a peti\6riJrt~~{~~ \fJ b ",,"
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review signed by at least a majority of Members. Notwithstanding the foregoing to the contrary,
the Board need not cause such an audit or review of the financial statements of the Association to
be performed if at least sixty percent (60%) of the Members, not including votes of Declarant
with respect to Lots owned by Declarant, elect on an annual basis not to comply with the above
audit requirements.
9.3 Tax Returns
The Board shall cause to be filed the necessary state and federal income tax returns for
the Association:
9.4 Payment Vouchers
) .
The method of approving payment vouchers (if applicable) for the maintenance, upkeep
and repair of the Common Maintenance Areas and payment for the expense of the Association
will be as established from time to time by the Board. .
9.5 Fiscal Year
The Fiscal Year of the Association shall begin on the first day of January and end on the
31 st day of December of every year, except that the first fiscal year shall begin on the date of
incorporation of the AssoCiation.
ARTICLE X
INSURANCE
The Association shall maintain the insurance coverages required by Article 8 ofthe
Declaration.
ARTICLE XI
DAMAGE OR DESTRUCTION BY CASUALTY
Any damage to or destruction of the Common Areas or any other areas the Association is
required to insure against an event of casualty shall be handled in accordance with the terms of
Article 9 of the Declaration.
ARTICLE XII
RULES AND REGULATIONS
The Board shall have power to adopt and publish rules and regulations governing the
conduct of persons and the operation and use of the Lots and the Common Areas as it may deem
necessary or appropriate to assure the peaceful and orderly use and enjoyment of the
Subdivision, and to establish fines for the infraction thereof. Such rules and regulations may be
adopted upon a majority vote of the Directors present at a meeting at which there is a quorUm
present and as to which notice has been given as provided in these Bylaws.' Such notice shall
include a verbatim copy of all proposed rules and regulations. No rule or regulation shall be
adopted without a copy'tlieieof first having been delivered or mailed to each Member in'
accordance with the requirements. of Section 4.6. Upon adopting any suchlFrure~d~gUl'~J'n1vl:: D
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the Board shall cause copies thereof to be delivered to each Member. All such rules and
regulations become binding on all Members and occupants of all Lots upon the date of delivery.
Any rule or regulation which conflicts with these Bylaws or the Declaration shall be null and
void.
ARTICLE XIII
AMENDMENTS
13.1 General Amendments
Except as set forth below, any and all provisions of these Bylaws may be amended or
repealed and new Bylaws may be adopted at any annual meeting of the Members, or at any
special meeting called for that purpose, by at least a majority of the votes of the Members, and
the written consent of the Declarant so long as the Declarant is a Class B Member.
Notwithstanding the foregoing to the contrary, if a particular provision r~quired to be in the
Declaration under the terms of ORS 94.580 is included in these Bylaws (including, but not
limited to, voting rights of Members, the method of determining liability for assessments, and the
period of Declarant control of the Association), then the voting requirements for amending the
Declaration shall also govern the amendment of the provision in the Bylaws.
Amendments or changes to these Bylaws may be proposed by either a majority of the
Board or by the Members holding at least thirty percent (30%) of the votes of the Association.
The proposed amendment must be in writing and shall be included in the notice of any meeting
at which action.is to be taken thereon.
An amendment or change to these Bylaws shall not be effective unless it is (i) certified by
the president and secretary of the Association as having been adopted in accordance with these
Bylaws and ORS 94.625 and acknowledged in the manner provided for acknowledgement of
deeds, and (ii) recorded in the office of the recording officer of-Lane County, Oregon.
13.2 Declarant Amendments
",;
Notwithstanding any provisions hereof to the contrary, the Declarant may unilaterally
amend these Bylaws (i) at any time before the conveyance of the first Lot to a person other than
Declarant or a successor declarant; (ii) to bring this Declaration into compliance with any
provision of law, including, but not limited to, regulatory amendments permitted by Section
13.3; (iii) to correct scriveners' or clerical errors; and (iv) as otherwise permitted by applicable
law.
13.3 Regulatory Amendments
Notwithstanding any other provisions of this Article XIII, and consistent with terms of
ORS 94.585, Declarant shall have the right to unilaterally amend these Bylaws prior to the
Turnover Meeting in order to comply with the requirements of the Federal Housing
Administration, the United States Department of Veterans Affairs, the Farmer's Home
Administration of the United States, the Federal National Mortgage Association, the Government
National Mortgage Association, the Federal Home Mortgage Loan'CP.. tf"bration~ahy~depanm et)
p}t. p ~l:.j\HI!::.'~
bureau, board, commission or agency of the United States or the..State'of Glregon ot/any
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corporation wholly owned, directly or indirectly, by the United States or the State of Oregon
which insures, guarantees or provides financing for a planried community or lots in a planned
community.
ARTICLE XIV
DISPUTE RESOLUTION
Before initiating litigation or an administrative proceeding in which the Association and a
Member have an adversarial relationship, the party that intends to initiate litigation or an
administrative proceeding shall offer to resolve the problem through a dispute resolution
program pursuant to terms ofORS 94.630(4). The written offer to resolve the dispute must be
hand-delivered or mailed by certified mail, return receipt requested, to the other party at the
address contained in the records of the Association. The requirements of this Article XIV,
however, do not apply to circumstances in which irreparable harm to a party will occur due to
delay or to litigation or an administrative proceeding initiated to collect asscss(tlents (other than
assessments attributable to fines).
ARTICLE XV
MISCELLANEOUS
15.1 Notices
All notices to the Association or to the Board shall be sent in care of the managing agent
or, if there is no managing agent, to the principal office of the Association or to such other
address as the Board hereafter may designate from time to time. Any notice to a Member, except
as otherwise provided'in these Bylaws, shall be sent by first class mail to the address of Member
last appearing on the books of the Association (or to such other address as the Member has
designated in writing to the Association.
15.2 Waiver
No restriction, condition, obligation or provision contained in these Bylaws shall be
deemed to have been abrogated or waived by reason of any failure to enforce the same,
irrespective ofthe number of violations or breaches thereof that may have occurred and the
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number of times that the pertinent restriction, condition, obligation or provision was not
enforced.
15.3 Severability
Invalidation or partial invalidation of any provision of these Bylaws shall not affect any
of the remaining provisions of the Bylaws.
15.4 Personal Pronouns
- All personal pronouns used in these Bylaws, whether used in the masculine,- feminine or
neuter gender, shall include all other genders; the singular shall include the plural, and vice
versa;, "",\", "., RE-, 'CE,-ft,\!,~,''''''D
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15.5 Headings
The headings contained in these Bylaws are for reference purposes only and shall not in
any way affect the meaning or interpretation of these Bylaws.
15.6 Conflicts
These Bylaws are intended to comply with applicable law and the Declaration. In case of
any irreconcilable conflict, applicable law and the Declaration shall control over these Bylaws
(unless these Bylaws expressly provide otherwise) and any amendments hereto, and any rules or
regulations adopted hereunder.
15.7 Dissolution
Upon dissolution of the Association, voluntarily or otherwise, it shall automatically be
succeeded by an unincorporated association of the same name and having the saine purposes.
All assets, property, powers, and obligations of the Association existing prior to dissolution shall
thereupon automatically vest in the successor unincorporated association.
[Continued on the following page]
RECEIVED
JAN 20 2010
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ADOPTION OF BYLAWS
It is hereby certified that these Bylaws have been adopted by Hayden Homes, LLC, an
Oregon limited liability company, Declarant of Westwind Estates, and shall be recorded in the
official records of Lane County, Oregon, together with the Declaration for said planned
community.
Dated: ~ 1'1 ,2009.
HA YDEN HOMES, LLC, an Oregon
:~com~'
Name: '""' ~
Title: C. Eo
ACKNOWLEDGMENT
STATE OF OREGON )
) ss.
County of Deschutes )
The foregoing instrument was acknowledged before me this 1 ~ day of nI>,.<>~
2009, by 'd-l'fI'nl.'bl<.,,-the C.~() of Hayden Homes; LLC, an Oregon Limited
Liability Company, on behalf of the company.
; F AL EAL
. \ KIMBERLY GUTHRIE
" \ NOTARY PUBLIC- OREGON
". cOMMISSION NO. 418529
MY COMMISSION EXPIRES lUL 18 lOll
\.Cv.nb. l\~ , (~'-*Yo ." ~
Notary Public, Slate of Oregon
My Commission Expires: (-I<;I..aOI'
RECEn/ED
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TABLE OF CONTENTS
Page
ARTICLE I NAME AND LOCATION ........................................................................................ I
ARTICLE II DEFINITIONS ...................... ... .... ............................. ........... .......... ......................... I
2.1 "Act"........................................................................................................................1
2 .2 "Association" ...................................................... ................................................... ..1
2.3 "Board" ...................... ................. ..... ......... .......... ...... ......... ......... ........... ........ ....... ...1
2.4 "Conversion Date" ...................................................................................................1
2.5 "Declarant" .... ........... ....................... ......... ...... ........... ......... .......... ............... ............1
2.6 "Declaration" .......... ................................ ................... ................. .................. ...........1
2.7 "Directors" ........ .......................................................................................................2
2.8 "Governing Documents"...........:.........................: ....................................................2
2.9 "Lot" ...: ...."..... ................ ......... .... .... ........ .......... ..................................,... ............. ....2
2.10 "Member" ................................................................................................................2
2.11 "Owner" ...................................................................................................................2
2.12 "Plat" .... .......... ................. ........ ......... ........ ........... ......... ....... .......... ............................2
2.13 "Property" .................:..............................................................................................2
2.14 "Transitional Advisory Committee" .....................................................:..................2
2.15 "Turnover Meeting" ...............................................................................................:.2
2.16 Other Terms .............................................................................................................3
ARTICLE III MEMBERSHIP AND VOTING RIGHTS ............................................................ 3
3.1 Membership ...... ......................... ................ ......... ................................. ........... .........3
3.2 Suspension......:.......:....................................................................... .........................3
3 .3 Voting Rights.. ................ ........ ........... .............. ........... .......... ....... ..... ..... ..................3
ARTICLE IV MEETINGS OF MEMBERS ................................................................:................4
4.1 Initial Meeting................. ........ ......... .................. ........... ...........................................4
4.2 Transitional Advisory Committee......................:........ ....... ...............:......................4
4.3 Turnover Meeting... .................................................... ......... .................... ...... ..........4
::~ ~c~: ~~::~~;:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~
4.6 Notice of Meetings................................................................................................... 5
4.7 Place of Meetings... .......................... .............. .... ............... ............... .............. ..........6
4.8 Adjouinment of Meetings ....... .... ..... .......... ........ .......................... ............................6
4.9 Quorum. ................. ..... ....... ..... .............. ........... ........... ................. ............................6
4.10 Majority Vote ......... ........ ................... .......................... ......... ........ .......... ..................6
4.11 Proxies...................................................................................................................... 6
4.12 Fiduciary and Corporate Owners. ............................................................................7
4.13 Voting by Mail or Electronic Ballot. .......................................................................7
ARTICLE V BOARD OF DIRECTORS ...................................................................................... 9
5.1 Number and Qualification..............,. ............ ........................ ................. ...................9
5.2 Appointment... .......... .............. ......... .................. .... .... ............................. ...... ....... ....9
5.3 Election of Directors. .................. ..... ................... .............. ...............:........ ...... .........9
5.4 Removal....................................~.fC::.,~..'::::":..~.l'!..J..l.:::'.~:.~........................9
5 5 R. . I~ ~.~" '1 .' ;Or'"" ~ 'lib' ~H"'" ~ 11 10
'. . . ." _.e~lm~_tlon ................................I.i....n..~:~...~..;;;~.;;,:~.i:l...Ot..."t:,...~~.,:;.~.......................
,,5.6{. Vacancies ...................................................::.-:....:............:......................................10
:"1!;:" ; J' : ~ I.
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5.7 Compensation .. ................................... ...... ....... .................................................. .,..1 0
5.8 Liability and Indemnification of Directors, Officers, Manager and Managing
Agent.... ..................... ....... ............ ........,.. ............ ......................................... ..........10
5.9 Special Committees ...............................................................................................1 0
5.10 Powers of Board.............................................:.......................................................11
5.11 Duties of Board ......................................................................................................12
ARTICLE VI MEETINGS OF THE BOARD............................................................................ 13
6.1 Initial Meeting...... ...................... ......................... .................:................. ..... ...........13
6.2 Regulir Meetings :..................................................................................................13
6.3 Special Meetings....................................................................................................13 .
6.4 Emergency Meetings .............................................................................................13
6.5 Executive Session ..................................................................................................14
6.6 Adjournment .............. ....... ................. .... ............... ........ ...... ...................... ....... ......14
6.7 Board Meetings Open to all Members .......:...........................................................14
6.8 Place of Meetings....... ................ .................. .............. .............................. ..:...........14
6.9 Notice of Meetings.................................................................................................15
.6.10 Voting by the Board...............................................................................................15
6.11 Quorum ..................................................................................................................15
ARTICLE VII OFFICERS OF ASSOCIATION........................................................................ 15
7.1 Enumeration of Officers ........................................................................................15
7.2 Election of Officers.. .................. .................. ..........................................................15
7.3 Term. ......... ......... ......... ........ ......... ............................................................ ..............16
7.4 Resignation and Removal.............................................~........................................16
7 .5 Vacancies ............................ ........ .......... .................. ..................... .... .......... ......... ....16
7.6 Multiple Offices .............. ....................... ........ ........ ................... ................... ...... ....16
7.7 Duties ..................... .... ................ .............. ...... ......................................... ...............16
7.8 Execution of instruments .......................................................................................17
7.9 Compensation .... ................... ....... .................. .......................... ............... .......... .....17
ARTICLE VIII BUDGET, ASSESSMENTS, RESERVE STUDY AND MAINTENANCE
PLAN ................................................................................................................................ 17
8.1 Budget ....................................................................................................................17
8.2 Assessments .........................................................................................:..................17
8.3 Reserve Study and Maintenance Plan....................................................................18
ARTICLE IX BOOKS AND RECORDS ................................................................................... 18
9.1 Books and Records ................................................................................................18
9.2 Financial Statements .............................................................,................................18
9.3 Tax Returns .................. ........ .................. ................ .......... ........ ..............................19
9.4 Payment Vouchers ........................:........................................................................19
9.5 Fiscal Year .........................................:.......................................................:...........19
ARTICLE X INSURANCE......................................................................................................... 19
ARTICLE XI DAMAGE OR DESTRUCTION BY CASUALTy............................................ 19
ARTICLE XII RULES AND REGULATIONS ......................................................................... 19
ARTICLE XIII AMENDMENTS............................................................................................... 20
13.1 General Amendments.............................. .................. ........................ .....................20
13.2 Declarant Amendments......... .................. ................ .......... .... ...... ...........................20
13.3 Regulatory Amendments .................:....:................................REC.EJVE D
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ARTICLE XIV DISPUTE RESOLUTION ...................,..............:.......,.....................................21
ARTICLE XV MISCELLANEOUS ........................................................................................... 21
15.1 Notices ... ................................. ................ ...0.... .......... ....... ................. ........ ......:......21
15 .2 Waiver.. .................. ..,...................................... .......... ....... ................. ........ .........0.0.21
15.3 Severability............ .................0. h............ ...... .................................... ........ .............21
15.4 Personal Pronouns.. ....... 0..... 0....... ............................. ................. 0.......0...0... ........... ..21
15.5 Headings ..... ...................... ........... ........................... ................ ............................. ..22
15.6 Confli cts.................................................................................................................22
15.7 Dissolution... ........ ..... ......... ........... ................... ........................... ............... .............22
,
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PDXlI1 15131l53678/RSB/5308135.1
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EXHIBIT C
LEGAL DESCRIPTION OF COMMON AREAS
Real property located in the City of Springfield, County of Lane and State of Oregon, being more
particularly described as follows:
Tracts B, C, D, E and F, Westwind Estates, as shown on the plat thereof recorded in the
plat records of Lane County, Oregon contemporaneously herewith.
RECEIVED
JAN ~ 0 2010
r
,
By:
EXHIBIT C
PDXlII15131l53678/RSB/5286350.2
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EXHIBIT D
PDXllI 15131153678/RSBI5286350.2
.
EXHIBIT D
BUILDING ENVELOPES
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EXHIBIT D
HILLSIDE DEVELOPMENT MANUAL
BUILDING ENEVELOPES
Name of Parties:
LibertyBank, an Oregon chartered bank
After Recording Return to:
Place Bar Code Sticker Here
Chad Bettesworth
Hayden Homes
2464 SW Glacier Place, Suite 110
Redmond, OR 97756
RECE"'.Q'iJ"""'D
HIt:
JM: :t 0 2010
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MAINTENANCE OF HILLSIDE HOMESITES
All homes required a certain level of maintenance for general upkeep and to preserve the overall integrity of
structures and land. Hillside homesites require some additional maintenance because they are subject to natural
slope processes, such as runoff, erosion, shallow soil sloughing, soil creep, perched groundwater, etc. If not
properly controlled, these processes could adversely affect our or neighboring properties. Although surface
processes are usually only capable of causing minor damage, if left unattended, they could possibly lead to more
serious instability problems.
The primary source of problems on hillsides is uncontrolled surface water runoff and blocked groundwater seepage
which can erode, saturate and weaken soil. Therefore, it is important that drainage and erosion control features be
implemented on the property, and that these features be maintained in operative condition (unless changed on the
basis of qualified professional advice). B employing simple precautions, you can help properly maintain our
hillside site and avoid most potential problems. The following is an abbreviated list of common Dds and Don'ts
recommended for maintaining hillside homesites.
Do List
I. Make sure that roof rain drains are connected to the street, local storm drain system, or transported via
enclosed conduits or lined ditches to suitable discharge points away from structures and improvements. In
no case, should rain drain water be discharged onto slopes or in an uncontrolled manner. Energy dissipation
devices should be employed at discharged points to help prevent erosion.
2. Check your roof drains, gutters and spouts to make sure that they are clear. Roofs are capable of producing
a substantial flow of water. Blocked gutters, etc can cause water to pond or run off in such a way that
erosion or adverse oversaturation of soil can occur.
3. Make sure that drainage ditches and / or berms are kept clear throughout the rainy season. If you notice that
a neighbor's ditches are blocked such that water is directed onto our property or in an uncontrolled manner,
politely inform them of this condition.
4. Locate and check all drain inlets, outlets and weep holes form foundation footings, retaining walls, driveways,
etc. on a regular basis. Clean out any of these that have become clogged with debris.
5. Watch for wet spots on the property. These may be caused by natural seepage or indicate a broken or
leaking water or sewer line. In either event, professional advice regarding the problem should be obtained
followed by corrective action, if necessary.
6. Do maintain the ground surface adjacent to lined ditches so that surface water is collected in the ditch.
Water should not be allowed to collect behind or flow under the lining.
Don't List
1. Do not change the grading or drainage on the property without professional advice. You could adversely alter
the drainage pattern across the site and cause erosion or soil movement.
2. Do not allow water to pond on the property. Such water will seep into the ground causing unwanted
saturation of soil.
3. Do not allow water to flow onto slopes in an uncontrolled manner. Once erosion or oversaturation occurs,
damages can result quickly or without warning. .
4. Do not let water pond against foundations, retaining walls or basements. Such walls are typically designed
for fulJy-drained conditions.
5. Do not connect roof drainage to subsurface disposal systems unless approved by a geotechnical engineer.
6. Do not irrigate in an unreasonable or excessive manner. Reguiarly check irrigation systems for leaks. Drip
systems are preferred on hillsides.
General
1. No trees of any size shall be removed from areas exceeding 15% slope, unless new Hillside and Tree Felling applications are
approved.
2. All dwellings must comply with the applicable design standards of the City of Springfield cluster subdivision regulations at
the time of building permit application.
,- ..... ..
HAYDEN HOMES WESTWIND SUBDIVISION
2464 SW G~C~ER PLACE, ~l:.IIUi~'HO"lI rr; ~ ~ /6.: nD,
REDMOND, 9R~7756 n Cv [; ~ .. C 'SPRINGFIELD OREGON
(541) 923-6607 "" I ,
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Fire Protection Requirements
Due to the forested setting of the subdivision, certain fire protection measures should be
observed. Measures required by Lane County for dwellings located within forest zones and
Oregon State Dept. of Forestry guidelines specify primary and secondary fuel breaks which help
to protect dwellings within a forested environment. Lane County's standards are as follows:
"Primary Safety Zone". The primary safety zone is a firebreak extending a minimum of 30 feet
. in all directions around the dwelling. The goal within the primary safety zone is to exclude fuels
that will produce flame lengths in excess of one foot. Vegetation within the primary safety zone
could include green lawns and low shrubs. Trees shall be spaced with greater than 15 feet
between the crown and pruned to remove dead and low branches.
As the slope increases, the primary safety zone shall increase away from the house as indicated
in the following chart.
% slope
o
'10
20
25
Primary Safety Zone
30
30
30
30
Down Slope Safety Zone
30
50
75
100
"Secondary Fuel Break" The Secondary fuel break extends a minimum of 100 feet in all
directions around the primary safety zone., The goal of the secondary fuel break is to reduce
fuels so that the overall intensity of any wildfire would be lessened and the likelihood of croWn
fires and crowing is reduced. Vegetation within the secondary fuel break shall be pruned and
spaced so the fire will not spread between crowns of trees. Small trees and brush growing
underneath larger trees shall be removed to prevent spread of fire up into the crowns of the
larger trees. Dead fuels shall be removed.
Fuel breaks applicable to city sized lots may deviate from those applied on larger rural parcesl
due to many factors including:
The area available to install fuel breaks (size of Lot);
Urban policies promoting the retention of vegetation;
, Availability of access by fire fighting equipment;
Proximity and efficiency of the .city fire equipment and personnel;
Water availability; and
Natural fuel breaks on adjacent lands resulting from surrounding development.
An appropriate modification for this urban setting would be to utilize the 3D-foot primary fuel '
break standard with no downslope extension and to apply the secondary fuel break standard
downslope from the dwelling except where the slope extends beyond the boundaries of the
property .
HAYDEN HOMES
2464 SW GLACIER PLACE, SUITE 110
REDMOND, OR 97756
(541) 923-6607
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THE TIME OF DWELLING CONSTRUCTION.
TYPE A or B ROOFS ARE REQUIRED FOR LOTS 20 - 54.
REFER TO WILDLIFE DEFENSE PLAN FOR LOTS 20 - 54.
REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN.
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2-230)
SCALE: 1" = 20"
HAYDEN HOMES'
2464 SW GLACIER PLAtlE.,..su.. ErE. ;<1,10"", IV..... D
REDMOND, OR 97756 \ . I~ It Ii ri .k. ~
(541) 923-6607 . .E:,'\",1t: ' """,b
JAN ~ 0 2010
LOT 20
WESTWIND SUBDIVISION
SPRINGFIELD. OREGON
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TYPE A or B ROOFS ARE REQUIRED FOR LOTS 20 - 54.
REFER TO WILDLIFE DEFENSE PLAN FOR LOTS 20 .. 54.
REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN.
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2-230)
SCALE: 1" = 20'
HAYDEN HOMES
2464 SW GLACIER PLACE, SUITE 110
REDMOND, OR 97756
(541) 923-6607
LOT 21
R rCE"'\!FD' .
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JAN 2 O~NGFIELD, OREGON
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TYPE A or B ROOFS ARE REQUIRED FOR LOTS 20 - 54.
REFER TO WILDLIFE DEFENSE PLAN FOR LOTS 20 - 54.
REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN.
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2-230)
HAYDEN HOMES LOT 22
2464 SW GLACIER PLACE, ~::U:J1jlhll0~ F Nil fl. . .
REDMOND, OR 97759, )jJ,-i f( .~ ~ ~ f E"'" D
(541) 923-6607'.;-~' .. L:;. "\"J ~ ~ '""" ./INESTWIND SUBDIVISION
SPRINGFIELD, OREGON
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BUILDING ENVELOPES SHALL BE STAKED AT
THE TIME OF DWELLING CONSTRUCTION.
TYPE A or B ROOFS ARE REQUIRED FOR LOTS 20 - 54.
. REFER TO WILDLIFE DEFENSE PLAN FOR LOTS 20 - 54.
REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN.
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2-230)
HAYDEN HOMES
2464 SW GLACIER PLACE, SUITE 110
REDMOND, OR 97756
(541) 923-6607 .
LOT 23
E C EJ~\'lib\DMSION
JAN2lfI?RINGFIELD, OREGON
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BUILDING ENVEWPES SHALL BE STAKED AT
THE TIME OF DWELLING CONSTRUCTION.
TYPE A or B ROOFS ARE REQUIRED FOR WTS 20 - 54.
REFER TO WILDLIFE DEFENSE PLAN FOR WTS 20 - 54.
REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN.
ALL SWPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2c230)
SCALE: I" = 20'
HAYDEN HOMES.. _ LOT 24
2464 SW GLACIER PLACE",SUItE M~ lI""'" ~ \ [f"'"' 0'
REDMOND, OR 97756 R r6 ( , ~r,,,, ~'1 ~,.
. (541) 923-6607 t;.;;, \,,;., ~~ ~ \1J I\m.,. . WESTWIND SUBDIVISION
SPRINGFIELD, OREGON
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TYPE A or B ROOFS ARE REQUIRED FOR LOTS 20 - 54.
REFER TO WILDLIFE DEFENSE PLAN FOR LOTS 20 - 54.
REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN.
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2-230)
HAYDEN HOMES ' IJOT 25
2464 SW GLACIER PLACE, SUITE llR E- d "E ~\('~'," '" ,
REDMOND, OR 97756 \, , ,B
(541) 923-6607 ,,' ES D SUBDMSION
J N 20 ZOlOSPRINGFIELD, OREGON
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TYPE A or B ROOFS ARE REQUIRED FOR LOTS 20 - 54.
REFER TO WILDLIFE DEFENSE PLAN FOR LOTS 20 - 54.
REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN.
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2-230)
SCALE: 1" = 20'
HAYDEN HOMES LOT 26
2464 SW GLACIER PLACE, ~UIT.E119~ i'I""" ~ '
REDMOND, OR 97756 """,, ~ ',,,,",, " n=
(541) 923-6607 '"R:,Cc~ IE DWESTWIND SUBDMSION
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BUILDING ENVELOPES SHALL BE STAKED AT
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TYPE A or B ROOFS ARE REQUIRED FOR LOTS 20 - 54.
REFER TO WILDLIFE DEFENSE PLAN FOR LOTS 20 - 54.
REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN.
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2-230)
HAYDEN HOMES LOT 27
2464 SW GLACIER PLACE, SUITE 1l0RE EI\/Fn.
REDMOND, OR 97756 . ~ .
(541) 923-6607 ,', ( J WES1WIND SUBDMSION
N 20 2010SPRlNGFIELD, OREGON
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BUILDING ENVELOPES SHALL BE STAKED AT
THE TIME OF DWELLING CONSTRUCTION.
TYPE A or B ROOFS ARE REQUIRED FOR LOTS 20 - 54.
REFER TO WILDLIFE DEFENSE PLAN FOR LOTS 20 - 54.
REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN.
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2-230)
SCALE: I" " 20'
HAYDEN HOMES
2464 SW GLACIER PLACE, SUITE 110
REDMOND, OR 97756 RF' ~.fi'=' ~ \J ;F''''' D
(541) 923-6607 . . '~,";;';j"^ r:"'" ~ ~"'" ' WESTWIND SUBDMSION
b~,J-.,~ ' """"
I'~i;\'i.'{. Vi!: . SPRINGFIELD, OREGON
LOT 28
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BUILDING ENVEWPES SHALL BE STAKED AT
THE TIME OF DWELLING CONSTRUCTION.
TYPE A or B ROOFS ARE REQUIRED FOR LOTS 20 - 54.
REFER TO WILDLIFE DEFENSE PLAN FOR WTS 20 - 54.
REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN.
ALLSWPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2-230)
$CALE: 1" = 20'
HAYDEN HOMES LOT 29
2464 SW GLACIER PLACE, SUITE He E ( . E I V IF'" n
REDMOND, OR 97756 R." F '
(541) 923-6607 . . .~ WESIFWIND SUBDIVISION
JA ~ 0 2010 SpRlNGFIELD, OREGON
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BUILDING ENVELOPES SHALL BE STAKED AT
THE TIME OF DWELLING CONSTRUCTION.
TYPE A or B ROOFS ARE REQUIRED FOR LOTS 20 - 54.
REFER TO WILDLIFE DEFENSE PLAN FOR LOTS 20 - 54.
REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN.
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2-230)
SCALE: 1" = 20'
HAYDEN HOMES
2464 SW GLACIER PLACE!fSlJlTE ~'i'0 E. m
REDMOND, OR 97756 n L: ,; .. ~
(541)923-6607, I ..
JAN .~ 0, (,01
"""" LOT 30
. : E D~ESTWIND SUBDIVISION
SPRINGFIELD, OREGON
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BUILDING ENVELOPES SHALL BE STAKED AT
THE TIME OF DWELLING CONSTRUCTION.
TYPE A or B ROOFS ARE REQUIREQ FOR LOTS 20 - 54.
REFER TO WILDLIFE DEFENSE PLAN FOR LOTS 20 - 54.
REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN.
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2-230)
SCALE: 1" = 20'
. HAYDEN HOMES
2464 SW GLACIER PLACE, SU~ E C
REDMOND, OR 97756
(541) 923-6607
LOT 31
:IVEQ~D SUBDMSION
I SpmNGnELD,OREGON
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THE TIME OF DWELLING CONSTRUCTION.
TYPE A or B ROOFS ARE REQUIRED FOR LOTS 20 - 54.
REFER TO WILDLIFE DEFENSE PLAN FOR LOTS 20 - 54.
REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN.
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2-230)
HAYDEN HOMES LOT 32
2464 SW GLACIER PLACE, RJ1ITE.J JJ)\ !l""" I' ;: E"~
REDMOND, OR 97756 .::J 6.r1 ~;.",,,, '19' ~ .~'w ~: .
(541) 923-6607 . ~.\,,# L f s...; ESTWlND SUBDIVISION
~AN Z 0.20' ,;i kAt.. SPRINGFIELD, OREGON
SCALE: 1" = 20'
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THE TIME OF DWELLING CONSTRUCTION.
TYPE A or B ROOFS ARE REQUIRED FOR LOTS 20 - 54.
REFER TO WILDLIFE DEFENSE PLAN FOR LOTS 20 - 54.
REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN.
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2-230)
HAYDEN HOMES LOT 33
2464 SW GLACIER PLACE, SUITE 110. ,
REDMOND, OR 97756 R E~C F" . .
(541) 923-6607_. 11""'" j~ lE_IrWESTWlND SUBDIVISION
. .~t~ V LgpffiNGmELD,OREGON
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THE TIME OF DWELLING CONSTRUCTION.
TYPE A or B ROOFS ARE REQUIRED FOR LOTS 20 - 54.
REFER TO WILDLIFE DEFENSE PLAN FOR LOTS 20 - 54.
REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN.
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2-230)
HAYDEN HOMES .. LOT 34
2464 SW GLACIER PLACE; SUITE 1I0 0 o.
REDMOND, OR 97756 ROO rF' rv;: ~ \ rE.""'" n
(5411 923-6607 t: '.,,; t: ~ 'It! 00: 0 tlPESTWIND SUBDIVISION
SPRINGFIELD, OREGON
SCALE: 1" = 20'
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THE TIME OF DWELLING CONSTRUCTION.
TYPE A or B ROOFS ARE REQUIRED FOR LOTS 20 - 54.
REFER TO WILDLIFE DEFENSE PLAN FOR LOTS 20 - 54.
REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN.
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2-230)
HAYDEN HOMES LOT 35
2464 SW GLACIER PLACE, SU~IJillC ,,~ ~v. ED, .
REDMOND, OR 97756 g""., . ...'" ~
(541) 923-6607 \ WESTWIND SUBDMSION
JAN ~ 2'110." i 9R~NGFIELD, OREGON
SCALE: 1" = 20'
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BUILDING ENVELOPES SHALL BE STAKED AT
THE TIME OF DWELLING CONSTRUCTION.
TYPE A or B ROOFS ARE REQUIRED FOR LOTS 20 - 54.
REFER TO WILDLIFE DEFENSE PLAN FOR LOTS 20 - 54.
REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN.
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2-230)
SCALE: 1" ~ 20'
HAYDEN HOMES , .,..
2464 SW GLACIER PLA~~S.Y.rI'el1f9: ~\ Ii'" D.
REDMOND, OR 97756 tri\. CI~JI \1""", g. .....
(541) 923-6607 . . .
JAN ~ 0 201'0 . I \ :,:;,,~
LOT 36
. "
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SPRINGFIELD, OREGON
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THE TIME OF DWELLING CONSTRUCTION.
TYPE A or B ROOFS ARE REQUIRED FOR LOTS 20 c54.
REFER TO WILDLIFE DEFENSE PLAN FOR LOTS 20 - 54.
REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN.
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2-230)
SCALE: 1" = 20'
HAYDEN HOMES
2464 SW GLACIER PLACE, SlJl:r.&E.~10C E
REDMOND, OR 97756 H' "
(541) 923-6607 "'"
LOT 3 7
JAN ;(. 0 .. i 1
., . ," ,~ "
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SPRINGFIELD, OREGON
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TYPE A or B ROOFS ARE REQUIRED FOR LOTS 20 - 54.
REFER TO WILDLIFE DEFENSE PLAN FOR LOTS 20 - 54.
REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN.
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2-230)
HAYDEN HOMES . ' , " ..LOT 38
2464 SW GLACIER PLACE, SUIT~ 1jl~ F B ,C"""". '. n' . J ~
REDMOND, OR 97756 R k'- ff r~~ 5 J 11.,,,, ~ .
(541) 923-6607 , \I [:, V fl-, D ' \b... ....,WESTWIND SUBDIVISION
SPRINGFIELD, OREGON
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THE TIME OF DWELLING CONSTRUCTION.
TYPE A or B ROOFS ARE REQUIRED FOR LOTS 20 - 54,
REFER TO WILDLIFE DEFENSE PLAN FOR LOTS 20 - 54.
REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN.
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2-230)
HAYDEN HOMES . "" LOT 39
2464 SW GLACIER PLACE, sm.' l'E-1)o""'\ E H IE'~ 0
REDMOND, OR 97756 ! :NJ .
(541) 923-6607 Hc~, WESTWIND SUBDIVISION
JAN :t.O ~ 10".., . SPRINGFIELD, OREGON
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THE TIME OF DWELLING CONSTRUCTION,
TYPE A or B ROOFS ARE REQUIRED FOR LOTS 20 - 54,
REFER TO WILDLIFE DEFENSE PLAN FOR LOTS 20 - 54,
REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN,
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3,2-230)
HAYDEN HOMES LOT 40
2464 SW GLACIER PLACE, SUffEI IifO C r ~ 'Vt:F n~
REDMOND OR 97756 l~ ~= ' ~~" !U "" ~
(541) 923-6607 m, III .-!~" :D WESTWIND SUBDIVISION '
JAN i'o 20'10 ','L- SPRINGFIELD, OREGON
\., ";' iL",.\.
SCALE: 1" = 20'
By:
BUILDING ENVELOPES SHALL BE STAKED AT
THE TIME OF DWELLING CONSTRUCTION.
TYPE A or B ROOFS ARE REQUIRED FOR LOTS 20 - 54.
';
REFER TO WILDLIFE DEFENSE PLAN FOR LOTS 20 - 54.
REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN.
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2-230)
HAYDEN HOMES LOT 41
2464 SW GLACIER PLACE, SUITE 110. , ,. , i :""
~~?tb~~?66gf 97756 R be E! VE BSTWIND SUBDIVISION
. SPRINGFIELD, OREGON
SCALE: 1" = 20'
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BUILDING ENVELOPES SHALL BE STAKED AT
THE TIME OF DWELLING CONSTRUCTION.
TYPE A or B ROOFS ARE REQUIRED FOR LOTS 20" 54.
REFER TO WILDLIFE DEFENSE PLAN FOR LOTS 20 ' 54.
REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN.
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2'230)
HAYDEN HOMES LOT 42
2464 SW GLACIER PLACE, fB~17E-n 1~ E I ~ lED
REDMOND, OR 97756 . '=
(541)923-6607 Ht:li,. ", WESTWINDSUBDIVISION
SPRINGFIELD, OREGON
. JAN_,,~ 9ZP '0
By:
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HAYDEN HOMES
2464 SW GLACIER PLACE, SUITE 110
REDMOND, OR 97756
(5411923-6607 '
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BUILDING ENVELOPES SHALL BE STAKED AT
THE TIME OF DWELLING CONSTRUCTION.
TYPE A or B ROOFS ARE REQUIRED FOR LOTS 20 - 54.
REFER TO WILDLIFE DEFENSE PLAN FOR LOTS 20 - 54.
REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN,
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS [SDC3.2-230)
LOT 43
. ,'"1.1
RECEI
WESTWIND SUBDIVISION
'E .". SPRINGFIELD, OREGON
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SCALE: 1" = 20'
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REFER TO WILDLIFE DEFENSE PLAN FOR LOTS 20 - 54.
REFER TO MAINTENANCE OF HILLSlDE HOMSITES PLAN.
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
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HAYDEN HOMES LOT 44
2464 SW GLACIER PLACE, SB:LTrE-"J.l.@,\ E ~, J ED" ... .
REDMOND OR 97756' , 1"", n """ .
(541) 923-6607 H t. t.J -" ~ '. WESTWIND SUBDMSION
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REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN:
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2-230)
SCALE: 1" = 20'
HAYDEN HOMES
2464 SW GLACIER PLACRE1LI (;11=. I
REDMOND, OR 97756 . '\\. .
(541) 923-6607 .
AN ~ 0 2010
LOT 45
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REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN.
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2-230)
HAYDEN HOMES LOT 46
2464 SW GLACIER PLACE, R1:HSl'E-"l'1-0"'\ E I \IE ~'" v,.,
REDMOND OR 97756 . l/~."" r - ....
(541) 923.6607 b V STWIND SUBDMSION
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BUILDING ENVELOPES SHALL BE STAKED AT
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TYPE A or B ROOFS ARE REQUIRED FOR LOTS 20 - 54.
REFER TO WILDLIFE DEFENSE PLAN FOR LOTS 20 - 54.
REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN.
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2-230)
SCALE: 1" = 20'
HAYDEN HOMES LOT 47
2464SWGLACIERPLACE'H,.n:E"lC~E I~ IE Ov" ~.' ,,".
REDMOND, OR 97756 I ~ .
(541) 923-6607 t: r - 'ESTWIND SUBDMSION
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REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN.
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2-230)
SCALE: 1" ; 20'
HAYDEN HOMES
2464 SW GLACIER PLACE, WUoE""H(;~ E I'
REDMOND, OR 97756 !I.",J Il=" , F'"
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LOT 48
JE [)~:~I~~ ~UBDIVISION
SPRINGFIELD, OREGON
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TYPE A or B ROOFS ARE REQUIRED FOR LOTS 20 - 54.
REFER TO WILDLIFE DEFENSE PLAN FOR LOTS 20 .. 54,
REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN,
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED,
REFER TO HILLSIDE REGULATIONS (SDC3.2-230)
SCALE: 1" = 20'
HAYDEN HOMES
2464 SW GLACIER PLAR' ST.:fFrC10"" I V
REDMOND, OR 97756 < f'f=, . t
(541) 923-6607 Ib"" .
LOT 49
JAN ~ 0 2G 10 ,. "
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SPRINGFIELD, OREGON
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TYPE A or B ROOFS ARE REQUIRED FOR LOTS 20 - 54.
REFER TO WILDLIFE DEFENSE PLAN FOR LOTS 20 - 54.
REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN,
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2-230)
HAYDEN HOMES LOT 50
2464 SW GLACIER PLACE. H1;rE.adO",\ F I'VE D n :
REDMOND, OR 97756 I '"", . '. ,
(541) 923-6607 i: li e:."", ~ ' ESTWIND SUBDIVISION
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TYPE A or B ROOFS ARE REQUIRED FOR LOTS 20 - 54.
REFER TO WlLDLIFE DEFENSE PLAN FOR LOTS 20 - 54.
REFER TO MAlNTENANCE OF HILLSIDE HOMSlTES PLAN.
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO H1LLSIDE REGULATIONS (SDC3.2-230)
HAYDEN HOMES LOT 51
2464 SW GLACIER PLAAE S~I EJI0, . . Cd
REDMOND, OR 97756 .' GEM' I/! -D .
(541) 923-6607 . '6 V.: . WESTWlND SUBDIVlSION
. J~C' VA; SPRlNGFIELD, OREGON
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BUILDING ENVELOPES SHALL BE STAKED AT
THE TIME OF DWELLING CONSTRUCTION.
TYPE A or B ROOFS ARE REQUIRED FOR LOTS 20 - 54.
REFER TO WILDLIFE DEFENSE PLAN FOR LOTS 20 - 54.
REFER TO MAINTENANCE OF HILLSIDE HOMSITES PLAN.
ALL SLOPES ARE LESS THAN 15% UNLESS NOTED.
REFER TO HILLSIDE REGULATIONS (SDC3.2-230)
HAYDEN HOMES
2464 SW GLACIER PLACE;Sm'FE"fl0"""\ E I
REDMOND; OR 97756 n t: II .
(541) 923~6607 .
JAN 2 0 Z 10
~''''''''n LOT 52
t. ~ESTWIND SUBDMSION
SPRINGFIELD, OREGON
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TABLE .oF C.oNTENTS .
Page
ARTICLE I - DEFINITI.oNS ........................................................................................................ I
1.1 "Act"........................................................................................................................1
1.2 "Additional Property" ......... ........... ....... ......... ........ ..................................................1
1.3 "Annual Assessments" ... ... ............. ....... ..:...... ........................ ... ....... ........... ...... .......2
1.4 "ARC" ......................................................................................................................2
1.5 "Association" ............................................................. ...... ................................... ... ..2
1.6 "Base Assessments" ...... ............... ......................... ............................. ............... .......2
1.7 "Board" ................. ........................ .................... .... ..:.............. ................... ...... .........2
1.8 "Builder" .... ................... ................. ....... ........ ...... ............ .......... .............. .............. ...2
1.9 "Bylaws" .... ....... ......... ............. .~....... ..... ........ .................. .......... .............. .................2
1.10 "City" ........................................................................................................................2
1.11 "Common Areas" .....................................................................................................2
1.12 "Common Maintenance Areas" ...................................................:...........................3
1.13 "Conversion Date" ...................................................................................................3
1.14 "County" ..................................................................................................................3
1.15 "Declarant" .................................................................:............................................3
1.16 "Declaration" ... ......... ................... ..................... .............: .......... ........................ .......3
1.17 "Design Guidelines" ................................................................................................3
1.18 "Directors" ......... ...... .................... ........... ...... ................ .......... ...........:.....................3
1.19 "Governing Documents" ..........................................................................................3
1.20 "Improvement" ........................................................................................................4 .
1.21 "Lot" ........................................................................................................................4
1.22 "Mortgagee" ........ ........ ............. ............................. ........ ......... ........... .......... .............4
1.23 ".owner" ...................... ...............:.......................... .......... .......................... .... ...........4
1.24. "Plat" ........................................................................................................................4
1.25 "Property" ................................................................................................................4
1.26 "Reserve Account Assessments" ............................................................................,5
1.27 '~Rules and Regulations" ..........................................................................................5
1.28 "Special Assessments" .............................................................................................5
1.29 "Specific Assessments" ............................... ........... ............... ................ ..................5
1.30 "Stormwater Maintenance Agreement" ......................:............................................5
1.31 "Subdivision" .._.......... ..._..... ............................... .... ............ ..... .............. .....~....... .......5
1.32 "Transitional Advisory Committee" ........................................................................5
1.33 "Turnover Meeting" .............:........ ....... ......... .................. ......................... ................5
1.34 "Unit" ....... ....................................................................................;........................... 5
ARTICLE 2 -ASS.oCIATI.oN ...................................:................................................................... 5
2.1 Membership ............... ,........ .................................. ........ ....... ......... ......:..... ...... .........6
2.2 Y oting Rights ..........~................................................................................................6
2.3 Suspension.................................................................................:............................. 6
ARTICLE 3 - ASS.oCIATI.oN FINANCES ............................................................................... 6
3.1 Budgeting. ..................................:...................~:'."''"''''r!r=;if'.'....'fJ'i":.:;"'.~....6
3.2 Base Assessments. ... .................... ......... ........1r:~ .it:.b.b-'!........t:-[~.l1.... 7
3.3 Replacement Reserve Assessments. ..........................................J.JI..._....__I....7
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3.4 Specific Assessments. .............................................................................................. 9
3.5 S pecia] Assessments. ............................................................................................... 9
3.6 Reimbursement Assessments. ...... ........ .... .... ........ .......... ...... ......... ............ ....... ........9
3.7 Commencement of Assessments. ................. ...... ............ ........... .... ......... .................. 9
3.8 Obligation for Assessments. ..................................................................................10
3.9 Lien for Assessments. ............................................................................................11
3.10 Interest; Late Fees; Fines. ......................................................................................11
3.11 Acceleration of Assessments. ......:.........................................................................11
3.12 Certificate of Payment. .................. ....... ................ ................. ........... ....... ..............12
3.13 Reallocation Upon Annexation of Additional Property.........................................12
3.14 No Reimbursement to Declarant............................................................................12
ARTICLE 4 -- EASEMENTS AND RIGHTS OF ENTRy......................................................... 12
4.1 Plat Easements. .... ...............: ....... ...... ............ ......................... ........... .................. ...12
4.2 Owners' Easements in Common Areas. ..................................:.............................i2
4.3 Easement of Encroacbment........... ..,.............. ....... .......... .......... ......... ....................13
4.4 Easements for Utilities, Etc....................................................................................13
4.5 . Easements to Serve Additional Property. ...............................................................13
4.6 Easements for Maintenance, Emergency and Enforcement. .................................14
4.7 Easement to Inspect and Right to Correct..............................................................14
4.8 Perimeter Fence Easement ... .......................... ........................................................14
4.9 Retaining Wall Easement. ..... ......... ................ ................. ................... ....................14
4.10 Special Declarant Easements. ................................................................................15
ARTICLE 5 -- COMMON AREAS ............................................................................................. 15
5.1 Use of Common Areas. ....................................................~.....................................15
5.2 Alienation of Common Areas. ...............................................................................16
5.3 Conversion of Lots to Common Areas. .................................................................16
5.4 No Partition. .... ........ ....... .............. ..c....:. .................:. ...... ........... ........... ...... ....... .....16
5.5 Title to Common Areas..........................................................................................17
5.6 Damage or Destruction By Owner..................................................:......................17
ARTICLE 6 -- MAINTENANCE.................................,............................................................... 17
6.1 Maintenance by Association. .................................................................................17
6.2 Maintenance by Owner. ...........,..:..............................~...........................................18
6.3 Maintenance During Construction. ........................................................................18
6.4 Maintenance Right of City. ....................................................................................18
ARTICLE 7 - ARCHITECTURAL REVIEW .....................................:....................................... 18
7.1 Architectural Review Committee. .........................................................................18
7.2 Design Guidelines. ....... .... ............................... ..................:.................... .... ....... .....19
7.3 Scope of Review. ..... .... ................. .................. ........................................... ............19
7.4 Submission of Plans. ..... .... ............ ......... ................... ................. .........,..................19
7.5 Plan Review. ............. .... ................ ... ............;.............. ...........................................20
7. 6 Non-conforming Structures. ..................................................................................20
7.7 Immunity of ARC Members. .................................................................................20
7.8 Limited Review. .... .................. .......... ........ ......... ................. ...................................20
7.9' Address for Notice. ................................................................................................20
7.10 Appearance and Design of Subdivision.................................................................20
7.11 Declarant Exempt; ConstrUction by Declarant. .............R.ECt:rvl~ D
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7.12 Approval of Builder Plans. ........................................,...........................................21
ARTICLE 8 -- INSURANCE ....................................................................................................... 21
8.1 Association Insurance Coverage... ........................... ....... ................. ............ .... ......21
8.2 By Owners. ..... ...... ........ ................. .... ..... ........ ............................... .......... ..............23
ARTICLE 9 -DAMAGE OR DESTRUCTION ...........................................................................23
9.1 Common Areas. ...... ................ ................................. .......... ....... ......,. ............... ......23
9 .2 Units. ............................................................................................................. c....... .24
ARTICLE 1 0 -CONDEMNATION ............................................................................................ 25
ARTICLE 11 - USE RESTRICTIONS.........................................................................................25
11.1 Residential Use. ................................................:....................................................25
11.2 No Tree Removal. ........................:...............................,.........:...............................26
11.3 No Improvements or Fill Material. ........................................................................26
11.4 Rental Restrictions... ...... ........ ........ .......... .......................... ........................._.......... .26
11.5 Air Conditioning Units. ...........................:.............................................................26
11.6 Nuisances. .... .............. ..................... ....c..... ................................. ........................ ....26
11.7 Temporary Stnictures............. ................ ......... ......... ........ ........ ......... .................... ..26
11.8 Signs................................................................................... .............:............. .........27
11.9 Parking. ................. .......... ..... .......... ........ ................................................... .............28
11.10 Campers, Boats, Recreational Vehicles and other Non-Passenger Vehicles. ........28
11.11 Commercial Vehicles. ...................................:........................... ....:.... ....................28
11.12 Disabled Vehicles or Vehicles in Disrepair. ..........................................................28
11.13 Maintenance or Repair of Vehicles.............................................................. ..........28
11.14 Pets, Livestock and Poultry....................................................................................28
11.15 Garbage and Refuse Disposal. ...............................................................................29
11.16 Detached Buildings. .................................................................._............................29
11.17 Fences and Hedges. ................................................................................................29
11.18 General Landscaping. ............................................................................................30
11.19 Antennae and Satellite Dishes. .........._...................................................................30
] 1.20 Clothes Hanging Devices.......................................................................................30
11.2] Window Treatments. ......................................... ...... .......... .................. .......... ....... ..30
] 1.22 Oil and Mining Operations. ...................................................................................30
] ] .23 Garages. ........................ ........ ........ ........... .................. .............. ................... .... ..... ..30
] ].24 Building Envelopes. .......................... ................. ...................... ......................... .....3 ]
] ] .25 Setback Lines. .......................... ................. ............... .......... ............................... .....31
] ].26 Athletic and Recreational Facilities. ......................................................................3]
] ].27 Water and Sewage Systems. ..................................................................................31
] ] .28 Exterior Holiday Decorations. ...............................................................................3]
1] .29 Retaining Walls......................................................................................................3]
I] .30 Household Chemicals. ...........................................................................................3]
I] .31 Prohibited Plants. ...................................................................................................31
] 1.32 Rezoning Prohibited...... .................... .................. ........................ ..... ............... .......32
] 1.33 Lot Consolidation and Division. .............................................................................32
] ].34 Drainage Alteration Prohibited. .............................................................................32
ARTICLE ]2 -SPECIAL DECLARANT AND BUILDER RIGHTS....................................... 32
]2.] Development and Sales Activities. ........................................................................32
, ., ]2.2 Control of and Changes in Devel~"='pme'iP.tPI~,.F.........~.'"......'''..''l:~.~....................33
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12.3 Right to Transfer or Assign Declarant Rights........................................................33
12.4 Right to Convey Tract C. .......................................................................................33
. ARTICLE 13 - ANNEXATION ..................................................................................................33
13. I Annexation by Declarant. ......................................................................................33
13.2 Annexation by Action of Owners. .........................................................................34
ARTICLE 13 -- MORTGAGE PROVISIONS............................................................................. 35
13.1 Notices of Action. .......................................................................................:..........35
13.2 Special FHLMC Provision.....................................................................................35
13.3 No Priority. .............................................................................................................36
13.4 Notice to the Association. ......................................................................................36
13.5 Applicability of this Article. ........................................................................:.........36
13.6 Failure of Mortgagee to Respond. ..........................................................................36
. ARTICLE 14 -AMENDMENT..................................................................................................36
14. I General Amendments............. ......... .................. .......................... ...........................36
14.2. Declarant Amendments..........................:...............................................................37
14.3 Regulatory Amendments. ...... ..~........................ ............................ .........................37
ARTICLE 15 -REMEDIES...................................................................................................:.... 37
15. I Remedies. ............... ...... ........ ............................. ............................ .........................37
15.2 Dispute Resolution. ...... .......... ........................... .......................... ......:................... .38
15.3 Attorneys' Fees. .....................................................................................................38
ARTICLE 16 - GENERAL TERMS............................................................................................ 38
16. I Successor Declarant. ..............................................................................................38
16.2 Term. ...... ....... ...... ... ...... ,... ............. ............................................~. .................. ........ .39
16.3 Rights and Obligations...........................................................................................39
16.4 Waiver. .......... ......... ...... .... ............. .............................................. ........ ........ ...........39
I 6.5 Severability. . .......... ........ ........ ....... .................... ........ .................. ........... ..... ...........39
16.6 Personal Pronouns.. .......... ............. ............. ............... .................. ........ ........ ...........39
16.7 Headings. ........ ....... ........ ........ ....... .............................................. ......... .... ..:.. .........39
16.8 Conflicts. .. .............. :....... ........ ....... .......... .......... ........ .................. ......... ..................39
16.9 Security. .......... .... ........... .... .... ...................... ............ ......:.... ................ ................. ..39
RECEIVED
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