HomeMy WebLinkAboutSHP-06-012 BONITO DOMAN COMBOCONDOMINIUM DECLARATION F'OR
BONITO CODIDOMINIUM NO. I,
n
+,
I
I
I
1
I
1.3. DEclenerroN..
2. DEFIMTIONS
ARTICLES.
AsSESSI',IENT. ,..
AssocIATIoN.
AssocrATroN RuLEs. .......................
BoARD. ............
BurlotNc.
BYLAWS
Co!fl\loN AREA.
CoNDoMrNruM..
CoNDoNflr.rruM Acr. .....................
CoNDoNm.[L\4 DocuMENTs........
DEcLARANT.
Lsss8s.............
LIMITED AssEssMENT.................
Lll\atreo Co[,e4oN AREA..............
MEMBER...........
MoRroAoE.
MoRTGAGEE.
3. NATURE AND INCIDENTS OX'CONDOMIMT]M OWNERSMP
2,t.
))
z.i.
2.4.
2.5.
2.5.
2.7.
2.)s 8.
2.t4.
2.t1.
2.12-
2.13.
2.t4.
2.15.
2.t6.
2.t7.
2.t8.
2.t9.
2.20.
2.21.
2.22.
') )?
2.24.
2.25.
2.26.
J.l-
3.2.
J.J.
3.4.
3.5.
3.6.
3.7.
3.8.
2
4. EASEMENTS,
4.1.
4.2.
4.3.
4.4.
4.s.
4.6.
8.8.
Easgupxrs rox EucnoectltlEt'trs. ........................
EASEMENTS oF AccEss FoR REPAE, MAINTENANCE AND Er\ERGENCES
Owl.rER's RrGHT To INcREss, EcREss er,,ro Supponr
Assocr,tnou's Rrcnr ro Usr on CornoroN A-nra.
DECLARANT'S fucHT INCTDENT To CoNsrnucrorrr
EesrtwNrsDppMep CRrerep.
8
8
8
8
8
9
5. DESCRIPTION Or.A CONDOMIMr,M......-........... ..............................9 9
6. MECHAMC'SLIENRIGHTS ..............9
7. BOMTOCONDOMINTUMNO.lOWNERSASSOCIATION,....,....lO
7.2. MEIVEERSHF.....
10
10
10
11
11
t4
t4
14
14
l4
14
15
15
15
16
t6
7.4. TRANSFER.
8. ASSESSMENTS
8.5. REGULAR AssEssNcr.t rs
8.6. SPECIALAssEssT,ENTS
9.1. RTcHTToENFoRcE.
9,9.2. 3. METHoD ASSESSMENT oF FoREcLosuRE. LrENs. 17
7 .1. CREArroN.
7 .3. Vorn rG RroHrs.
7.7.6. 5. MEETTNcS Powrns arrp op Dutms rrm AssocrATIoN. on tm AssocIATIoN....
8. 8.8.l. 3. 2. AssESst\RATE CoVENANT oF 4ENTCoNsrrrurEsLIEN.AssEssMENT.To PAy AssEssMENTS. ................ .. .......................
8.4. AssEsslvGNT rs PERSoNAL OBLTGATIoN. .................
8.7. LII\4rED AssEssMENTs. .....................
8.DATE9. Nottce EsroppEi- alp CERTIFICATE.AssEssMENT .....DuE ...-.....
10.
I1.
Table of CoDte[ts - ii
11.3. PRoHIBITToN oF DAMAGE AND CERTAbI AcrrvITIEs
11.4.
I 1.5.
l1.6.
11.7.
RULES AND RIGULATIoNS
MoNrpNlNCs or INtenrons..
STRUcTURAL ALTERATToNs....
20
20
20
12. INSURANCE.. .........20
12.1. TypEs oF INSURANCE.
12.2. OprroNALINsuRANcE
20
21
21
22
22
22
23
23
23
23
23
23
24
24
13
14.
76.
12.4. OwNER's REspoNsrBrlrry.............
12.6. OwNER's OwN Il.rsuRANcE.
cAsuALTy, DAMAGE OR DESTRUCTION...............
13.1. AFFECTS TrTLE...........
13.2. AssocrArroN Ar A.*;;...::.::..........::.:....:.....:.:.........
13.3. cEr.rERALAurgoRrryoFAssocrArroN......................::..:..:.........................:...:...:.::
13.4. ESTMATE or Cosrs....................
I3.5. REPAE oR RxcoNsTRUCTIoN.
13.6. FUNDS FoR RECoNSTRUCTToN.
13.7. DTSBURSEMET.{T oF FuNDs FoR REPAIR oR REcoNsrRUCrroN. .........
15. INSPECTION OF A}T ASSOCIATION'S BOOKS AND RECORDS 26
15.2. RULES REGARDING INspEcrroN oF BooKS AND REcoRDs. 26
16.1.
t6.2.
16.3.
16.4.
16.5.
16.6.
16.7.
16.8.
Table ofContents. iii
CONDOMINIUM DECLARATION FOR
BOI\-ITO CONDOMINIUM NO. I.
,l
.;:
DGI]BITA-1
DGIIBITA-2
EX{IBITB
E)il{IBIT C
DGIIBITD
INDEX
Plat
Legal Description
Articles of Incorporation
Percentage of Ownership Interest
Limited Common Areas
Table of Contents - iv
CONDOMINIUM DOCLARATION T.OR
BONITO CONDOMINIUM NO, T
THIS CONDOMINIUM DECLARATION FOR BONITO CONDOMINIIIMNO. I
(the
"Declaration') is made effective this_ day of 2006, by William David Evans
and Caroline E. Evans, husband and wife (collectively referred to hereinafter as
..Declarant ,).
I. RECITALS
1.1. The Propertv Covered.
Declarant is the Ovmer of certain real property located in the Ciry of Eagle, Ada County,
Idaho, which is that certain real property shown on the final plat for the Bonito Condominium
No. I recorded on the _ day of , 2006, as Instrument Number
Records of Ada County, a copy of which is attached hereto as Exhibit A-l and incorporated
herein by this reference and legally described on the attached A-2 artd incorpomted
herein by this reference (the ..Property',).
The Property is being developed with a condominium
office building ('Buildingi), together with related site improvements. The
property together
with the Building and related site rmprovements shall be referred to as the "Project"-
1.2. CondominiumOwnershiB.
The purpose of this Declaration is to provide for condominium ownership ofthe
project
pusuant to the Idaho condominium Act, designate common Area and Limited
-common
Area,
authorize the creation of the Association, and set forth the restrictions, covenants, timitations,
easements, conditions and equitable servitudes that shall apply to the project
and the
condominium ownership regime.
1.3. Declaration.
1.4. MasterDeclaration.
In addition to ttre provisions of Section 1.3, the Project is subject to all of the covenants,
conditions, restictions and definitions ofthat certain Declaration of Covenants, Conditions, and
Declarant hereby declares that the Project and every part thereof is held and shall be held,
conveyed, devised, leased, rented, encumbered, used, occupGd; improved and otherwise affected
I Ty T*"t ybjgct to the provisions
of this Declaration, each and all of which provisions are
hereby declared to be in furtherance ofa general plan for tle creation, maintenance
and sale of
an ownership in fee simple of separate interests in Units and for co-ownership with others,
as
tenanls-in-common, of common Area and Limited common Area, purr.ruot 1o the Idaho
Condominium Act. All provisions hereof shall be deemed covenants running with the land or
as
equitable servitudes, and shall constifute benefits and burdens to OwnerJ and to a1l persons
hereafter acquiring or owning any interest in the project,
however such interests may be
obtained.
Condominium Declaratioo for Bonito Condominium No. I - I
C:U)ocuments and ScttingsUHovde\Local Settings\Temporary Intemct Filcs\OlKB\Boniro Condo No I Dec - Gp02a_doc
Restrictions for El Dorado Business Campus, recorded on October 20,2003, as Instument No.
103178973, Records of Ada County ('"rimary Declaration') and that certain Supplemental
Declaration of Covenants, Conditions, Easement & Restrictions for Bonito Subdivision No. 3,
recorded on February 24, 2006, as Instrument No. 106029064, records of Ada County
('Supplemental Declaration"). The Primary Declaration and Supplemental Declaration may be
collectively referred to herein as the "Master Declaration". In the event there shall be duplicate
covenants, conditions, easements and restrictions within this Declaration or between this
Declaration and the Master Declaration, the more restrictive provision shall apply. In the event
of any conflict between the terms and conditions ofthe Master Declaration and this Declaration,
the terms and conditions of the Master Declaration shall conkol, except insofar as the covenants,
conditions, easements and restrictions of the Master Declaration are hereinafter expressly
modified.
2, DET'INITIONS
The following terms shall have the following meaaings when used herein uless the
context otherwise requires. In the event any of the definitions contained in this Declaration are
inconsistent with the definitions contained in the Master Declaration, the tenns, to the extent of
any inconsistency, shall have the meanings ascribed to them in this Declaration.
2 .l . Articles.
"Articles" means the Articles of Incorporation of the Bonito Condominium No. 1 Owners
Association, Inc., a certified copy of which is attached hereto as Exhibit B, as the same may be
arnended from time to time.
2.2. Assessment.
"Assessment'' mears a share of the fimds required for the payment of colnmon oxpenses,
including those expenses atkibutable to less than all Ov,,ners in the case of Limited Assessments,
which, from time to time, are assessed against fhe Owners, and shall include Regular, Special,
and Umited Assessments, as more particularly described in Article 8 hereof.
"Association" means the Bonito Condominium No. 1 Owners Association, Inc., an Idaho
nonprofit corporation, its successors and assigns.
2.4. Asso Rules.
"Association Rules" means the rules and regulations that may be adopted, amended, or
repealed from time to time by the Board.
2.5. Board.
"Board" means the duly elected board of directors ofthe Association.
Condominium Declaration for Bonito Condominirrm No. I - 2
C:\Documents and SedingsuHovde\Locat Seftirgs\Temporary Intcmet Files\OlKB\Borito Condo No I Dec - GPo2a.doc
2.3. Association.
2.6. Building.
"Building" means the building, structure and facilities to be constructed on the Property.
2.7. Bvlaws.
"Bylaws" means the Bylaws of the Association as they exist from time to time.
2.8. Common Area.
"Common Area" means the Project, excluding the Units.
2.9. Condominium.
"Condominium" means a separate ownership interest in a Unit together with an
undivided interest in common in the Common Area (expressed as percentages of the entire
oumership interest in the Common Area), as set forth on the attached Extribit C. incorporated
herein and made a part hereofby this reference.
2.10. Condominium Act.
"Condominirm Act" means the "Condominium Property Act" of the State of Idaho,
Idaho Code Section 55-1501 et seq., as the sarne may exist from time to time.
2.1 1. Condominium Documents.
"Condominium Documents" means this Declaration, the Articles, the Bylaws, the Plat,
any services agreements entered into by the Association and any and all other related documents
and instruments as the same may be amended from time to time.
2.12. Declarant.
"Declarant" means William David Evans and Caroline F. Evans, husband and wife, or
any person or entity to whom the rights of the Declarant under this Declaration are expressly
transfened in writing by the Declarant.
2.13. Lessee.
"Lessee" shall mean any person or entity leasing space in the Building from ary Owner
2.14. LiEitedAssessment.
"Limited Assessment" means an Assessment levied against an Owner and such Owner's
Unit by the Association for costs and expenses incurred by the Association in connection with
corrective action or maintenance, repair, replacement and operation activities performed pursuant
to the provisions of this Condomiuium Declaration, including, without limitation, damage to or
maintenance, repair, replacement and operation activities directly attributable to the Owner or
such Owner's guests or invitees performed for any Common Area or as a resuit of
the failure of
an Owner to keep such Owner's Unit in proper repair as provided in this Condominium
CotdominiDm freclaration for Bonito Coodominium No. I - 3
C:\Documenrs and ScttingsUHovde\Iocal Settirgs\Temporary lntemet Files\OlKB\Bonito Condo No I Dec - GPo2a.doc
Declaration, and for any goods or services provided by the Association which benefit less than
all the Owners, all as more particularly set forth in Section 8.7 herein.
2.15. Limited Common Area.
"Linited Common Area" shall mean those areas of Common Areas and facilities
designated for the exclusive use of a specific Unit Owner or Owners to the exclusion, limitation
or resffiction of other Owners. Limited Common Area may be established from time to time by
the Declarant or the Association on any portion of the Project by describing such area on a
recorded plat, by reserving it in a deed or other instnrment, or by desigrating it as such in this
Declaration.
2-16. Member.
"Member" shall mean each Owner holding a membership in the Association.
2.17. Mortgage.
"Mortgage' shall mean any mortgage, deed of trust or other security instrument by which
a Condominium or any part thereof is encumbered.
2.18. Mortcacee.
"Mortgagee" shall mean any person or any successor to the interest of such person named
as the mortgagec, trust beneficiary, or cleditm under any Mortgage under which the intercst of
any Owner, or successor to the interest of such Owner, is encumbered.
2.19. Owner.
shall meau ry person or entity, including Declarant, at any time owning a
Condominium. The term shall not refer to any Mortgagee, as herein defined, unless
such Mongagee has acquired title pusuant to foreclosure or any prooeeding in Lieu of
foreclo sure.
"Plat" means the Bonito Condominium No. I final plat recorded in the real property
records ofAda County, Idaho, which is the plat as required by the Condominium Act, a copy of
which is attached hereto as Exhibit A-1, as it is arnended and supplemented from time to time.
2.21. P_lat Amendment.
"Plat Amendment" means the document described in Section 3.3 which upon due
recordation divides a Unit.
2.22. Prcied.
"Project" shall have the meaning set forth in Section 1 .1 .
Condominium Declaration for Bonito Condominium No. I - 4
C:\Documcnts aad SettingsuHoydeu-ocal Scttr-ngs\Temporary Intcmet Fjles\OlKB\Bonito Condo No I D€c - GP02a.doc
2.20. Plat.
2.23. Property.
"Property" shall have the meaning set forth in Section I .1.
2.24. ReeularAssessment.
"Regular Assessment" shall mean an assessment by the Association to provide for the
payment of all estimated expenses growing out of or connected with the Project as a whole, as
more particularly described in Section 8.5 herein.
2.25. SpecialAssessment.
"special Assessment" sha1l mean an assessment by the Association to provide for the
palment of any expenses growing out of or connected with the Project not paid by the Regular
Assessmen! as more particularly described in Section.8.6 herein.
2.26. Unit.
"Unit" shall mean singularly or collectiveiy, Units 1 tkough 3 as depicted on the Plat,
comprising a Condominium and bounded by the interior surfaces of the perimeter walls, the
windows and doors thereo{ the topside ofconcrete slab floors, the bottom side of ceilings, and a
Unit includes both the portions of the Building so described and the airspace so encompassed.
The following are not part of any Unit: bearing walls, columns, floors, roofs, foundalions,
elevator equipment and shafts, central heating, central refrigeration and cental air-conditioning
equipment, reservoirs, tanks, pumps and other central services, pipes, ducts, flues, chutes,
conduits, wires and other utility installations, wherever located, except the outlets thereof when
located withil the Uuit.
3. NATURE AND INCIDENTS OT'COI\IDOMIMUM OW}TERSIilP
3.1. Estates ofan Owner.
The Project is hereby divided into Condominiums, each consisting of a separate interest
in a Unit or portion thereof, and an undivided interest in tle Common Area- The percentage of
ownership interest in the Common Area which is to be allocated to each Unit as a whole for
pulposes of tar< assessment under Section 55-1514 of the Condominiurn Act and liability as
provided by Section 55-1515 ofthe Condominium Act is set forth in the attached Exhibit C.
3.2. Title.
Title to a Condominium may be held or owned by any individual or entity and in any
manner in which title to any other real property may be held or owned in the State ofldaho.
3.3. Right to Divide Units.
Units may be further created and divided, subject to the following requirements aad
limitations:
Condominirrm llcclaration for Bonito CordominiumNo, I - 5
C:\Documcnts and ScttingsUHovde\Local Settings\Temporsry Intemct Files\OLKB\Bonito Condo No 1 Dcc - GPO2a.doc
3.3.1. All Units shall be ffeated and constucted to allow aII Units to have
legally compliant ingress and egress to and from the Common Areas, including, wittrout
limitati on, aay stairs.
3.3.2. A recordable copy of a Plat Amendment to the Plat (a "Plat
Amendment") shall be prepared and submitted to the Ada County Surveyor for review and
approval. The Plat Amendment shall be a gaphic depiction of the Condominiun Unit, as
divided, including the Unit created and the remnant Unit. The Plat Amendment shall be
prepared by an Idaho licensed professional land surveyor and shall include tle following:
3.3.2.1. The Unit number(s) for the Unit(s);
3.3.2.2. The exact dimensions and location of the original Unit being
divided and the exact dimensions and location of the divided Unit(s).
3.3.2.3. The percentage interest in the Common Area which is
allocated to the divided Uni(s), which percentage shall be an allocation of the original
percenlage interest allocated to the Unit being subdivided and which new percentage interest
shall be detem:rinative of the ownership interest in the Conrmon Area for purposes of tax
assessments and liability under Sections 55-1514 and 55-15i5 of the Condominium Act. The
allocation of percentage interests in the Common Area shall be based on the relative square
footages ofthe new divided Units.
3.3.2.4. The appropriate signature of the Association evidencing the
approval of the creation of any Common Area or Limited Common Area resulting from the such
division.
3.3.2.5. Thb signature of the Owner of the Unit divided pursuant to
this Section.
3.3.3. The approved Plat Amendment shall be deemed effective upon
recordation in the records ofAda County.
3.3.4. Any Commercial Units created by such divisions shall contain not less
than five hundred (500) square feet of area unless such smaller Commercial Unit is approved by
the Board.
3.3.5. The Owner causing the division shall pay for a1l reasonable costs
associated with the division, including the Plat Amendment.
3.3.6. Any Common Area or Limited Common Area created by such division
shall be approved by the Association.
3,3.7. Any Common Area or Limited Common Area reduced by such division
shall be approved by all of the Owners.
3.3.8. Other than as set forth in rhis Section 3.3, any division ofa Unit shall be
in accordance with other applicable local, state and federal law requirements'
Condominium Dcclaration for Boniro Condominium No. I .6
C:\Documents and SettiqgsUHovde\Local Settings\Temporary Irtemet Files\OlKB\Bonito Condo No I Dec ' GP0za"doc
An Owner may physically combine the area or space of one (1) Unit with the area or
space of one (l) or more adjoining Units. Such combination shall not prevent separate
ownership of such combined Units in the future. The Association reserves the right to designate
ard convey to any Owner of such combined Units as additional Limited Common Area any
walls, floors or other skuctural separations between Units so combined, or any space which
would be occupied by such stuctural separations but for ttre combination of Units. Any
reduction in the Common Area resulting from combining Units must be approved in writing by a
majority vote of the Owners within the Project, and reflected in the required Plat Amendment.
3.5. Iuseparabilitv gfCondominiums.
No part of a Condominium, including, as applicable, any Limited Common Are4 or of
the legal rights comprising ownership ofa such Condominium may be separated from any other
part thereof during the period of Condominium ownership prescribed herein, so that each Unit
and the undivided interest in the Common Area apputenant to such Unit shall always be
conveyed, devised, encumbered, transferred and otherwise affected only as a complete
Condominium and shall not be txansferred in any way resulting in the division of the
Condominium. Every gift, devise, beques! transfer, encumbrance, conveyance, or other
disposition of the Condominium or any part thereof shall be presumed to be a gift, devise,
bequest, tansfer, encumbtance or conveyaroe, respectively, of the entire Condominium together
with all appurtenant rights, created by law or tlus Condominium Declaration.
The Common Area shall be owned in common by all of the Owners, and no Owner may
bring any action for the partition thereof, or otherwise devise, bequest, transfer, encumber or
convey Corrmon Area. Further provided that corridors and restrooms situated in a portion of the
Building serving a sing'le Ovmer may be allocated by the Association for the exclusive use ot
and be maiutained by, that Owner, aad shall be deemed to be a part of the Owner's Unit.
3.7. Taxes and Assessments.
Each Owner shall execute such instruments and take such actions as may reasonably be
specified by the Association to obtain separate real property tax assessments of the interest of
each Owner in each Condominium. If any taxes or special district or other assessments may, in
the opinion of the Association, nevertheless, be a lien on the Project or any paxt thereof, the
Association shall pay the same and assess the same to the Owner or Owners responsible
therefore. Each Owner shall pay the taxes and assessments assessed against the Owner's
Condominium.
3.8. Owner's Rights with Resoect to Interiors.
Each Owner shall have the exclusive right to paint, repaint, tile, w:lx, paper or otherwise
maintain, refinish and decorate the interior surfaces of the walls, ceilings, floors, windows and
doors forming and within the interior boundaries of the Ouner's Unit, provided that window
CoodominiuD Decloation for Bonito Condominium No. I - 7
C:tDocumenrs and SettingsuHovde\Local Settings\Tempomry Intemet Files\OlKB\Bonito Condo No I Dec - GPo2a-doc
3.4. Combination of Units.
3.6. Partition Not Permitted.
coverings which are visible from the exterior of the Building shall maintain a professional
appearance consistent with other window coverings in the Building.
4. EASEMENTS
4.1. Easements for Encroachments.
If any pan of the Common Area encroaches or shall hereaft€r encroach upon a Unit or
Units, an easement for such encroachment and for the maintenance of the same shall and does
exist. If any part ofa Unit encroachcs or shall hereafter encroach upon ttre Common Area, or
upon an adjoining Unit or Units, an easement for such encroachment and for the maintenance of
the same shall and does exist. Such encroachments shall not be considered encumbrances on the
Common Area or the Units. Encroachments referred to herein include, but are not limited to
encroachments caused by settling, rising or shifting of the earth under the Building, or by
changes in position caused by repair or reconsuuction ofthe Building or any part ttrereof.
4.2. Easements of Access for Repair. Maiutenance and Emereencies.
Portions of the Common Area are or may be located within the Units or may be
conveniently accessible only through the Units. The Owners shall have the irrevocable right, to
be exercised by the Association, as their agent, to have access to each Unit and to ail Common
Area from time to time during such reasonabie hours (after normal business hours ifpossible) as
may be necessary for the maintenance, repafu or replacement ofany ofthe Common Area located
therein or accessible therefrom, or for making emergency repairs therein necessary to prevent
damage to the Common Area or to another Unit or Units. The Association shall also have such
right independent of any agency relationship. Darnage to the interior of any part of a Unit or
Units resulfing from the maintenance, repair, emergency repalr or replacement of any of the
Common Area or as a result of emergency repairs within another Unit at the instance of the
Association or ofany Owner shall be an expense of all of the Owners; provided, however, that if
such damage is the result ofthe negligence ofan Owner or such Owner's invitees or licensees, or
the lessees of a Unit, tlen such Owner shall be financially responsible for all of such damage.
Such damage shall be repaired and the Building shall be restored to substantialiy the same
condition as existed prior to darnage. Amounts owing by Owners pwsuant hereto shall be
collected by the Association as an Assessment pusuant to Article 8 herein.
4.3. Owner's Risht 1o
Ingress. Esress and Support.
Each Owner shall have the right of ingress and egress over, upon and across the Common
Area necessary for access to and from rhe Owner's Condominium, and shall have the right to the
horizontal and lateral support of the Owner's Condominium, and such rights shall be appurtenant
to and pass with the title to each Condominium. In exercising the rights granted in this Section,
each Owner agrees to use commercially reasonabie efforts to avoid interference with the access
to and operation ofbusinesses located in other Condominiums.
4.4. Associati s Risht to Use of Co on Area.
The Association shall have a nonexclusive easement to make such use of the common
Area as may be necessary or appropriate to perform the duties and f,rnctions which it is obligated
Condominiurn DeclaBtio4 for Bonito CoDdominium No. I - 8
C:\Documents ard SettingsuHovdc\Local Settings\TempoEry Intemet Files\OlKB\Bonito Condo No I Dec ' GPo2a.doc
or permitted to perform pursuant to this Declaration, including the right to grant utility
easements, alter the Common Areas, and construct and maintain maintenance and storage
facilities in the Common Area for use by the Association.
4.5. Declarant's Riqht Incident to Construction.
Declarant and its agents shall have the right to ingrcss and egress over, upon and aooss
the Common Area, the right to store materials thereon and to make other use thereof as may be
reasonably necessary or incident to completion of development and construction of the Building
and Units shown on ttre Plat and the completion of ali Units for use and occupancy. In addition,
Declarant shall have the right to access each Unit from time to time during such reasonable hours
as may be necessary or incident to completion of development and construction of the Building
and all Units for usc and occuponcy.
4.6. Easements Dgemed Created.
All conveyaaces of Condominiurrs hereafter made, whether by the Declarant or
otherwise, shall be construed to grant and reserve such easements as shall give effect to Sections
4.1,4.2,4.3,4.4 aad 4.5 above, even though no specific reference to such easements or to those
Sections appear in any such conveyance.
5. DESCRIPTION OF A CONDOMINIUM
Every contact for the sale of a Condominium and every other instnrment affecting title to
such Condominium shall describe ttrat Condominium by the Unit shown on the Plat with
appropriate reference to the Plat atrd to ftis Declaration, as each appears on the records of Ada
County, Idaho, in the following manner:
"Unit
-
as shown on the Bonito Condominium No. I final plat recorded in the
records of Ada County, Idaho, as Instrument No as the same may be
arnended or supplemented from time to time."
Such description shall be construed to describe the Condominium interest, together with
the appurtenant undivided interest in the Common Area, and to incorporate aU rights incident to
ownership of a Condominium interest and all the limitations on such Ownership as described in
the Condominium Documents or any amendments or supplements thereto, whether or not so
specified in the instrument.
6. MECHAMC'S LIEN RIGHTS
No labor performed or services or materiais furnished with the consent of or at the
request ofany Owner or the Owner's agent, contractor or subcontractor shall be the basis for the
filing of a lien against the Building or any other Owner, or the Conunon Areas unless such other
Owner or the Association, in writing, has expressly consented to or requested the performance of
such labor or fumishing of such material or seryices. Such express written consent shall be
deemed to have been given by the Owner in the case of emergency repairs. Labor performed or
services or materials fumished for the Building, if duly authorized by the Association, shall be
deemed to be performed or fumished with the express consent of each Owner. Any Owner may
Condominium Dcclaration for Bonito CondomirriDm No. I - 9
C:\Documents and SettingsuHovdc\Local SeftiDgs\Temporary Intemet Files\OlKB\Bonito Cordo No I Dec - GP02a.doc'
remove the Owner's Condominium from a lien against two or more Condominiums or any part
tlereof by payment to the holder of a lien of the fraction of the total sum secued by such
lien
which is attributable to the Owner's Condominium.
7. BONITO CONDOiVIIMIIMNO. 1 OWNERS ASSOCIATION
7 .1. Creation.
This Declaration designates and authorizes the creation of the Bonito Condominium
No. 1 Owners Association as a non-profit corporation under the laws ofthe State of Idaho. The
Associalion shall be organized by the Declarant and operated by the Board to cany out and
enforce the terrls, covenants, conditions, restrictions and provisions of this Declaration with
.respect to the Projcct.
7.2. Membership.
Every Owner shall be entitled and required to be a mernber of the Association. Except as
otherwise provided in Section 7.3, there shall be one membership in the Association for each
Condominium; provided however, that if title to a Condominirun is held by more than one
person in an rmdivided interest, or by a partnemhip or a corporation or other entity, one
membership shall be shared by such persons in the same proportionate share and by the
same
type of tenancy in which title to the Condominiwn is held and said Owner shall noti& the
Association of the designated representative who shall have auttrority to act and upon whom
notice may be served. No person or entity other than an Owner may be a member of the
Association, and the Articles and/or Bylaws ofthe Association shall so state and shatl in addition
state that the memberships in the Association may not be tansferred except rn corurection with
the transfer of a Condominium or portion thereof. Provided, however, that the rights of
membership may be assigned to aMortgagee as further security for a loan secured by a lien on a
Condominium or to any person or organization that has assumed by conhact, or otherwise,
liability for paying assessments of any Owner.
7.3. Voti::g fushts.
The Association shail have two (2) classes of membership.
'1.3.1. Class A Members. Class A Members shall include all Owners. Class A
Members shail not be entitled to vote in the Association rurtil such time as the Class B Member
ceases to exist. Following the Class B Member Termination Date (as defined below), each Class
A Member shall be entitled to one (1) vote per Condominium. Notwithstanding anything to the
contrary, when a Condominium has more tl-ran one (1) Owner, the vote for such Condominium
shall be exercised as determined by the Condominium's Owners, but in no event shali the
Condominium be entitled to more than one (l) vote.
7.3.2. Class B Members. The Class B member shall be the Declarant. The
Class B Member shall have the exclusive right to elect and appoint the Board and shall be the
sole voting Member of the Association until the Class B Member Termination Date. Upon the
earlier of (i) five (5) years after the substantial completion of the coastruction of the Building or
(ii) the date the Class B Member does not o*?r any of the Units, the Class B Member shall be
Condominium Dcolaration fot Bonito Cotrdominiurn No. I - l0
C:\Documenls and SeftiagsVHovde\Local Setlings\Tempq.ary Intcmet Files\OlKB\Bonito Condo No I Dec - GP02a,doc
temrinated and shall cease to exist.
Temrination Date."
This date may be referred to as the "Class B Member
7.3.3. Votins in Associations. Any voting rights attributed to the
Properfy in any association created under the Master Declaration shall be cast by the president of
the Association or any other officer designated by the Association in accordance with the terms
and conditions set forth in the Articles and Bylaws.
7.4. Transfer-
7.5.1. Powers. The Association shall have all the powers of a non-profit
corporation organized under the general non-profit corporation laws of the State of Idaho subject
or y to such limitations upon the exercise of such powers as are expressly set forth in the
Condominium Documents as the same may be amended from time to time, and is hereby
designated the "Management Body" as provided in the Condominium Act. The Association
shall have the power to do any and a1l lawful things which may be authorized, required or
pemritted to be done by ttre Association under the Condominium Documents aad necessary or
proper for, or incidental to the proper management, operation and adminiskation of the Project,
including, without limilation:
7.5-1.1. Assessments. The power to levy Assessments on the Owners
of Condominiums and to force pa5rment of such Assessments.
7 .5.1 .2, Neht of Enforcement, The power and authonty from time to
time in its own namq on its own behalf or on behalf of any Owner or Owners who consent
thereto, to commence and maintain actions and suits to restrai[ and enjoin any breach or
threatened breach of the Condominium Documents, including the Association Rules as defined
herein and adopted pursuant to this Declaration, and to enforce by mandatory injunction or
otherwise, all provisions hereof.
7 .5 .l .3. Delesation ofPowers. The authority to delegate its power and
duties to committees, ofEcers, employees, or to any person, firm or corporation to act as the
Management Body, aad specilically the authority to delegate its powers and duties to a
management firm pusuant to a management agreemenl; provided, however, that aay delegation
of the Association's powers and duties may be revoked upon thfuty (30) days wdtten notice to
such management firm. Neither the Association nor the members of the Board shall be liable for
any omission or improper exercise by any person or entity to whom any such duty or power has
been delegated.
Condominium Declaration for Bonito CondominiumNo. I - I I
C:\Documerts and SettingsuHovde\Local Scttiags\Icmporary Intemet Files\OlKB\Bonito Condo No I Dec - GP02a"doc
Except as otherwise expressly stated herein, any of the rights, interests and obligations of
the Association set forth herein or reserved herein may be transferred or assigred to any other.
pe6on or entity; provided, however, that no such transfer or assignment shall relieve ttre
Association of any of the obligations set forth herein and no such transfer or assignment shall
revoke or change any ofthe rights or obligafions of any Owners as set forth herein.
7 .5. Powers and Duties of the Association.
7.5.1.4. Association Rules. The power to adopt, amend and repeal by
majority vote of the Board the Association Rules as the Association deems reasonable. The
Association shall govem the use of the Common Area by the Owners, their invitees, licensees,
lessees, occupants, and contract purchasers of Owners, it being understood that the Association
Rules shall apply equally to all Owners and shall not be inconsistent with the Condominium
Documents. A copy of the Association Rules as they may from time to time be adopted,
amended or repealed, shall be mailed or othsrwise delivered to each Owner. Upon such mailing
or delivery, the Association Rules shall have the same force and effect as if they were set forth in
and were part ofthis Declaration. ln the event of any conflict between the Association Rules aad
any other provision of the Condominium Documents, the provisions of the Association Rules
shall be deemed to be superseded by the provisions of the Condominium Documents to the
extent of any such inconsistency.
7.5.1.5. Emergency Powers. The power to enter upon any Unit as
necessaxy in connection with any maintenance or construction for which it is respousible, or
when necessitated by violation of the Declaration or Association Rules, or in the event of any
emergency involving iilness or potential danger to life or property and may take corrective
action. Such entry shall be made with as litde inconvenience to the Owners as practicable and
aay damage caused thereby shall be repaired by the Association, except as otherwise provided
herein.
7 .5.1.6. Licenses. Easements and Riqhts-of-Wav. The power to grant
and convey to any ttrird party such licenses, easements and rights-of-way in, on or wrder the
Common Area as may be necessary or appropriate for the orderly maintenance, preservation and
enjoyment of the Project and for the preservation of health, safety, convenience and welfare of
all the Ovrners, for the purpose of constructing, erecting, operating or maiutaining:
devices for rhe transmission';?'t,:h.Htixi#"iT'."'*?:'h.T!?l;r!l"r1"Ti,rl"if.T
telephone, klevision, other utility services and above-ground lighting structures, meters and
orher facilities associated with the provision oflighting antl scrviues;
7.5.1.6.2. Public sewers, stomr drains, water drains and pipes,
water systems, sprinkling systems, water, heating and gas lines or pipes; and
Areas, andlor ranu
"on
.r"u J,t lru,i;r,iji'il1T"-ilffiT"i;ollu'"u"n'
within common
7.5.1.7. aneous Services, The power to obtain and pay for flre
services of any pe$on or entity to manage its affairs, or any part thereof, to the extent it deems
advisable, as well as such other persoffrel as the Association shall determine to be necessary or
desirable for the proper operation of the Project, whether such personnel are ftrmished or
employed directly by the Association or by any person or entity with whom or which it contracts.
The Association may arange with others to fumish electical, watet, seweI, trash collection
services, aod other common services to each Condominium, and may obtain and pay for legal
and accounting services necessary or desirable in connection wittr the operation of the Project or
tle edorcement of this Declaration. Tlus shall include, without limitation, the payment of
Condominium Declsration for Bonito Condominium No. I - 12
C:\Documents and ScttirgsvHovde\Local Settings\Temporary Intemet Files\OlKB\Bonito Condo No I Dec - GP02a.doc
services performed in, on, or to the Common Area which are prorated among Owners under the
Master Declaration.
7 .5.1.8. ProBerty for Common Use. The power to acquire and hold for
the use and benefit of ali of the Owners, or for the benefit of only those Owners within a
particular Condominium, tangible and intangible personal property and real properfy and may
dispose of the same by sale or otherwise, and the beneficial interest in any such property shal1 be
deemed to be owned by the Owners in the same proportion as their respective interest in the
Common Area. Such rnterest shall not be transferable except with the transfer of a
Condominium. Each Owner may use such properfy in accordance with the purpose for which it
is intended, without hindering or encroaching upon the lawful rights of other Owners.
7.5.1.9. Implied tuehts. Notwithstanding the foregoing, the
Association may exercise any other right or privilege given to it expressly by this Declaration or
by law, and every other right or privilege reasonable to be implied from the existence of any
right or privilege given to it herein or reasonably necessary to effectuate any such right or
privilege.
7.5.2. Duties of the Asspciation. In addition to the power delegated to it by tho
Condominium Documents, the Association or its agents shall have the obligation to conduct all
business affairs in corrnection with the management and operation of the Building and to
perform, without limitation, each of ttre following duties, the cost of which shall be allocated as
provided in Article 8:
'1.5.2.1. Ogeration and Maintenance of Comnon Area. Operate,
maintain and otherwise manage or provide for the operation, maintenance and management of
the Common Areas not operated and mainlained by any other association pursrrant to the Master
Declaration, including the repair and replacement of property damaged or destroyed by casualty
loss and all other properfy acquired by the Association, and the same in a good, clean, athactive
and sanitary condition, order and repair, and to pay for all operation and maintenance of
Common Areas provided pursuant to the Master Declaration.
7.5.2.2. Taxes and Assessments. Pay all real and personal property
taxes and assessments separately levied against the Common Area, if any, owned and managed
by the Association or against the Association and any property owned by the Association and all
such taxes shall be paid or a bond insuring payment posted prior to the sale or the disposition of
any propefty to satisff the payment of such taxes. ln addition, the Association shall pay all other
taxes, federal, state or local, including income or corpomte taxes levied against the Association
in tbe event that the Association is denied the status ofa tax exempt corporation.
7.5.2.3. Water arrd Other Utilities. Acquire, provide and./or pay for
water, sewer, garbage disposal, refuse and rubbish collection, electrical, telephone and gas, and
other necessary services for the Common Area owned or managed by it.
7 .5.2.4. Insurance. Obtain, from reputable insurance companies
authodzed to do business in the State of Idaho and maintain in effect the policies of insurance
described in Section 12.1 hereof.
Condominiura Declaration for Bonito Condominium No- I - 13
C:\Documefis and SettingsvHovde\Local Settirgs\Temporary Intemet Fil.s\OLK3\Bonito Condo No I Dec - GPo2a"doc
7.5.2.5. Reserve Accgpnt. Establish and fi:ad a reserve account with a
reputable banking institution or savings and loan association or title insuance company
authorized to do business in the State of Idaho, which reserve account shall be dedicated to the
costs of repair, replacement, maintenance and improvement of the Common Area. Any and all
amor,rnts used to fund the reserve accoutrt shall be considered a cornmon expense and a portion of
the Association's budget and charged as an Assessment to the Owners. Notwithstanding the
foregoing, the Association may elect not to establish a reserve account, and may elect to charge
the costs of any such repair, replacemenl, maintenance or improvement as a Special Assessment
against the Units at the time such costs are incuned.
7.5.2.6. Rulemakine. Make, establish, promulgate, amend and repeai
the Association Rules.
7 .6. Meetings of the Association.
The Association shall hold an annual meeting and special meetings all as provided for in
the Bylaws.
8. ASSESSMENTS
By acceptance of a deed to aay Condominium, each Owner of such Condominium
thereby covenants and agrees to pay when due all Assessments or charges made by the
Association against such Owner pursuant to the provisions of this Declaration. Assessments
shall begin to accrue with respect to a Condomini m upon the date of recordation of the deed for
such Condominium.
8.2. RSte of Assessment.
All Owners shall be responsible for Regular Assessments and Special Assessments levied
by the Association, including ary and all assessments identified in the Master Declaration and
levied against the Property, in proportion to their percentage ownership interest in the Common
Area., as set forth on Exhibit C.
8.3. Assessmenj Qgnstitutes Lien.
The Assessments and charges together with interest, costs and reasonable attomeys' fees
which may be incurred in collecting the same, shall be a charge on the Building and shali be a
continuing lien upon the Condomidum against which each such Assessment or charge is made.
8.4. Assessme4t is Personal Oblieation.
Each ofthe Assessments, together with interest, costs and reasonable attomeys fees, shall
also be the personal obligation of the Owner of the Condominium at the time such Assessments
fall due. The personal obligation for delinquent Assessments shall not pass to such Owner's
successors in title unless expressly assumed by them but shall remain such Owner's personal
obligation regardless of whether he remains an Owner. Notwithstanding the foregoing, a
Condominium DeclEration for Bolito Condominium No. I - l4
C:\Documents and ScttitrgsuHovdc\Local Settings\Tcmporary Intemet Files\OlKB\Bonito Condo No 1 Dec - GP02a-doc
8.1. Covenant to Pay Assessments.
pirchaser ofa condominium shall be jointly
and severally liable with the seller for all unpaid
assessments against the Condominilm
"p to the time of grant
or conveyance without prejudice to
the purchaser's right to recover from the seiler the airount paid tv a" p*.n".lr
fo. srcl,
Assessments.
8.5. RegularAssessments.
. 8.5.1. Purpese
of Reeul3r Assessments. The proceeds from
Regular
Assessments are to be used to pay for ull cort. und exp"nses incurred by the
Association,
including
fegal and
attomeys'_ fees and other professional iees, for tn"
"orrao"t
oi lt, uffui., u,
provided in Article 7, including u/ithout limitation the costs and expenses
of construction,
lmp.
ro]ement, protection, maintenance, repalr, management and operatioir of the
common Area,
including common Area maintenance coits. which ic prorated Jmong owners p*"r-t ro ,r,"
Master Declaration, or fumishing utility services and other common services to
"u.h
and amormt improvement allocated to of an those adequate elements reserve of the fi.ud common to be used Area, for or repairs, replacem.rq ,urrit, na*.*o*d .**
"it
* i,-i*ty oiG arrori"tio,
that.must be replaced and maintained on a regular basis (collectively ih"1.E-p;";, Declarant
and/or the Association reserves m! ,lgh, to separately meter utility servicis pror.ided
to each
condominium, and in such event the owner oi the iondominium shall be reiponsibie
for the
costs of providing utilities for the owner's individual use at such owner,s
"o.t
*a "*f"*".
- 8'5.2.
computation of Regurar Assessments. The Association shal compute
the amount ofits Expenses on au annual basis. The BoarJ shall compute the amount of
Regular
Assessments owed beginning the first day of the third month following tt
"
closingm of the first sale of a Condominir',m occurs in the Building (.,Initi:atioo .Out" orrtl in *ni.n
1. fh.r"afte.,
the com-putation of Regular Assessments shall take place not less than thirty (:o)
nor more than
:irry (!0)
days before the beginning of each fisoal yiar of the Association.
'Notwithstanaing
ttre
foregoing, the computation ofRegular Assessments shall be completed in good faith and
shall be
yalid upon completion. The computation of the Regular Asses-sm.ot, d, th" p".ioJ'from th"
lnitiation Da& until
the beginning of the next fiscal year shall be reduced by an arnount which
fairly reflects the fact that suoh period was less than one year.
8,6. Speci4l_Assessments.
In the event that the Board shall detemrine that the Regular Assessment for a given
caused by the owner or any person or entity occupying a Unit with such owner's consent to any
Common Area or any other portion of the Property or for otherwise providing a:ry
goods or
services benefiting less than all Owners or such Owners' Units.
8.8. Notice and Asse Due Date.
Notice of any Regular and Special Assessment shall be sent to the Owners subject
thereto, or the person occupfng such Owner's Condominiun on a monthly basis. Each monthly
installment of the Regular Assessment or Special Assessment shall become deiinquent if not paid
within ten (10) days after the Board's delivery of notice thereof to the owner or the person
occupying a Condominium. There may accrue, at the Board's discretion, with each delinquent
instalbnent payment a late chaxge equal to ten percent (10%) of the delinquent installment. In
addition, each instalkuent payment which is dclinqucnt for morc than tv/cnty (20) days may
accrue, at the Board's discretion, interest at the lessor of (i) eighteen percent (187o) per arurum or
(ii) the maximum rate allowed by law calculated from the date of delinquency to and including
the date full payment is received by the Association. The Association may bring an action
against any delinquent Owner and may foreclose the lien against such Owner's Condominium as
more fully provided herein.
8.9. Esto.trpelCertificate.
The Association, upon at least twenty (20) days prior written request, shall execute,
acknowledge and deliver to the pfity making such request, a statement in writing stating whether
or not, to the knowledge of the Association, a particular Owner is in default under the provisiors
of this Declaration, and firther stating the dates to which any Regular and Special Assessments
have been paid by the Owner. Any such certificate delivered pursuant to this Section may be
relied upon by any prospective purchaser or mortgagee of the Owner's Condominium. Reliance
on such Certificate rxay not extend to any default as to which the signor shall have had no achral
knowledge.
9. ENFORCEMENT OF ASSESSMENTS; LIENS
9.1. RighttoEnforce.
The Association has the right to collect and enforce its Assessments, including any late
charges andTor interest accn:ed thereon pursuant to the provisions hereof. Each Owner shall be
deemed to covenant and agree to pay each and every Assessment provided for in this
Declaration, including any late charges and./or interest accrued tl:ereon, and agrees to the
enforcement of all Assessments in the maru:er herein specified. I:r the event an attorney or
attomeys are employed for the collection of any Assessment, whether by suit or otherwise, or to
enforce compliance with or specific performance of the terms and conditions of this Declaration,
each Owner agrees to pay reasonable attomeys' fees and costs, including the costs and expensss
for any lien releases, i:r addition to any other relief or remedy obtained against such Owner. The
Board or its authorized representative may enforce the obligations of ttre Owners to pay such
Assessments by commencement and maintenance of a suit at law or in equity, or the Board may
exerciss the power of foreclosure and sale pwsuant to this Section to enforce the liens created
pusuant to this Section. A suit to recover a money judgment for an
unpaid Assessment shall be
maintainable without foreclosing or waiving the lien hereinafter provided.
Coldorninium Declaration for Bonito Condominium No. I - 16
C:\Documelts and SettingsVHovdc\Local Settings\Temporary Internet Files\OlKB\Bonito Coodo No I Dec - GPo2a.doc
9.2. Assessment Liens.
9.2.1. Creation. There is hereby created a claim of lien with power of sale on
every condominiurn to secwe paymenl of any and all Assessments leviid against such
Condominium pusuant to this Declaration .together with interest thereon
at the maximum rate
permitted by law and all costs of collection which may be paid or incurred by the Association
making the Assessment in connection therewith, including reasonable attorneys' fees. AII sqms
assessed in accordance with the provisions of this Declaration shall coDstitute a lien on such
respective condominium upon recordation of a notice of assessment with the Ada county
Recorder. Such lien shall be prior and superior to all other liens or claims created subsequent to
the recordation of the notice of assessment except for tax liens for real property taxes on any
condominium and any assessment on any condominium in favor of any municipal or other
governmental assessing body which, by law, would be superior thereto.
9.2.2. Ngtice of Assessment. Upon default of any Owner in the payment of
any Assessments issued hereunder, the Association may cause to be recorded in the offrce ofthe
Ada county Recorder a notice of assessment. The notice shall state the amount of such
assessment and other authorized charges (including the cost of recording such notice), a
sufiicient desctiption of the Condominium against which the same have been assessed, and the
narne of the record Owner thereof. Each assessment shall constitute a separate basis for a notice
of assessment but any number of Assessments may be included within a single notice. Upon
payment to the Association of such Assessment and charges in connection therewith or other
satisfaction thereo{ the Association shall cause to be recorded a further notice stating the
satisfaction and the release of the lien thereof. The Association may demand and receive the cost
ofpreparing and recording such release before recording the same.
9.3. Method gf Foreclosure.
Such lien may be foreclosed by appropriate action in court or by sale by the Association,
its attorney or other person authorized to make the sale. Such sale shall be conducted in
accordance with the provisions of the Idaho Code applioable to the exercise of powers ofsale in
deeds of trust or any other maoner permitted by law. The Board is hereby authorized to appoint
its attomey, any officer or director of the Association, or any title company authorized to do
business in Idaho as trustee for the purpose of conducting such power of sale or foreclosure.
9.4. Required Notice.
No action may be brought to foreclose the lien created by recordation of the notice of
assessment, whether judicially, by power of sale or otherwise, until the expiration of thirty (30)
days after a copy of such notice of assessment has been deposited in the United States mail,
certified or registered, postage prepaid, to the Owner described in such notice of assessment, and
to the person in possession of such Condominium(s) and a copy thereof is recorded by the
Association in the Ada County Recorder's Office.
9.5. Subordination to Certain Trust Deeds.
The lien for the Assessments provided for herein in connection with a given
condominium shall not be subordinate to the lien of any Mortgage except the lien of a first
Condominium Deciaration for Bouito Condominium No. I - l7
C:\Documents and ScttinpVHovde\Local Scttings\Temporary IntBrnet Files\OlKB\Bonito Condo No I Dec - Gp02r-doc
Mortgage given and made in good faith and for value that is ofrecord as an encumbrance against
such Condominium prior to the recordation of a claim of lien for the Assessments. ExcJpt as
expressly provided in this section with respect to a first Mortgagee who acquires title to a
Condominium, the sale or transfer of any Condominium shall affeit neither the A'ssessments 1ien
provided for herein, nor the creation thereof by the recordation of a notice of assessmetrt, on
accomt of the Assessments becoming due whether before, on, or after the date of such sale or
transfer, nor shall such sale or transfer diminish or defeat ihe personal obligation of any Owner
for delinquent Assessments as provided for in this Declaration.
9.6. Riehts of Morteasees.
Notwithstanding any other provision of this Declaration, no arnendment of this
Declaration shall operate to defeat the rights of a Mortgagee under any Mortgage upon a
Condominium made in good faith and for value, and recorded prior to the recortla-tiin of such
amendmen{ provided that after the foreclosure of any such Mortcage such Condominium shall
remain subject to this Declaration as amended.
. In the event a Mortgagee
obtains title to any condominium by any method permitted
under law and/or pursuant to all remedies provided in this Declaratio.r, and/or p*ru*t to *y
provisiors in the Mortgage, such Mortgagee will not be liable for any unpaid dues or charges
assessed against such Condominium prior to the acquisition of title to such Condominium by
such Mortgagee. Further, upon obtaining title to any such Condominium, such Mortgagee shail
have the unrestricted right to exercise any vote as may be attibutable to such Condominium in
any meeting of the Association or otherwise.
Any encumbrancer holding a lien on a condominium may pay, but shall not be required
to pay, any amounts secured by tre lien created pursuant to this Section, and upon such palment
zuch encumbrancer shall be subrogated to all rights ofthe Association with respect to such lien,
including priority.
10. RIGHTS TO COMMON AREAS
10. L Use of Common Area.
Every Oumer shall have a nonexclusive right and easement to use the Conunon Area
(exclusive of Limited common Area, if any) and an exclusive or semi-exclusive right to use
Limited Common Area designated for exclusive or semi-exclusive use by the Owner, which shall
be appurtenant to and shall pass with the title to every Condominium, subject to the following
provisions:
10.1.1. Assessments. The rights of the Association to levy Assessments as
provided herein and the payment by an Owner of all such Assessments; and
10.1.2. Association Rules. The right ofthe Association to establish and enforce
such Association Rules as the Association deems proper regarding the project
and use of
Common Area.
Condominium Declaration for Bonito Condominium No. I - 18
C:\Documents and SettingsuHoyde\Local Scttiags\Temporary Intemct Files\OlKB\Bonito Condo No I Dec - Gp02a.doc
There shall be no obstnrction of the Common Area, nor shall anytling be stored on any
part of the Common Area without the prior written consent of the Association. Nothing shall be
altered on, constructed ir; or removed from, the Common Area except upon the prior written
consent of the Association.
11.3. Prohibition of Damagg-and Certain Activities.
Nothing shall be doue or kep in any Unit or in the Common Area or any part thereof
which would result in the cancellation ofor increase in the rate of the insurance on the Project or
ariy part thereof over what the Association, but for such activity, would pay, without the prior
written consent of the Association or which would be in violation of any statute, rule, ordinance,
regulation, pennit or other validly imposed requirement of any goverffnental body. No damage
to, or waste of the Common Area or ny pafi thereof shall be committed by any Owner,
licensee, guest, or other occupant, or any invitee of any Owner, and each Owner shall indenuriff
Condominium Declaration for Bonito Condominium No. I - l9
C:\Documcnts and ScttingsuHovde\Local Settings\Temporary Intemet Files\OlKB\Bonito Condo No I Dec - cPo2a.doc
10.2. Delegation of fught to Use.
Aly Owner may delegate, in accordance with the respective Condominium Documents,
the. owner's reasonable right of eqioyment to ttre common Area to the owner,s licensees,
invitees and lessees, or contract puchasers with a right of use of such condominium.
10.3. Dam-aees.
Each owner shall be liable for any damage to any common Area, which may be
sustained by reason of the negligence or willful misconduct of the owner and such owner,s
guests, invitees and/or licensees, for expenses for corrective action necessitated by violation of
the Declaration or Association Rules or for any damage to the common Area which may be
sustained by reason of the Owner's guests, invitees or licensees. In the case ofjoint ownership
of a Condominjum, the liability of such Owners shall be joint and several.
The cost of corrective
action shall be assessed as a Limited Assessment against the Condominium and may be collected
as provided herein for the collection of other Assessments.
10.4. Maintenance of Exterior Common Areas,
All exterior common Areas and all improvement thereon shall be operated and
maintained by the Association pursuant to section 6.3 of the Supplemental Declaration,
including parking areas, common seepage beds, storm sewers or related storm &ainage facilities
and tle exteriors of buildings, but excluding laudscaping which shall be the obligation of the
Bonito No. 3 Owners Association.
11. USE OT COI\DOMTMUM
I 1 . 1. Use and OwLershio Restrictions.
As a condition to any use or occupancy of all or any portion of the Project, each Owner
shall be subject to the use restrictions contained in the Master Declaration.
11.2. Use of CommQn Area.
and hold the Association and the other Owners harmless against aII loss resuiting ftom any such
damage or waste caused by Owuer, Owner's invitees, licensees, or guests, provided, however,
that any inyrtee, licensee ot guest of an Owner shall not under any circumstances be deemed to
be an invitee of any other Owner. No noxious, destructive or offensive activity shall be carried
on in any Unit or in the Common Area or any part thereof and nothing shall be done therein
which may be or may become an annoyance or nuisance to any other Ow1er ol to any person at
any time lawfrrlly occupying the Building.
I 1.4. Rules an- 3 Regulations,,
No Owner, or such Owfler's guests, invitees or licensees shall violate the Association
Rules.
11.5. Maintenance of Interiors.
Each Owner shall maintain and pay the costs of keeping the interior of the Owner's Unit,
including, without limitation, interior walls, windows, glass, ceilings, floors and pennanent
fixtures and appurknances thereto, in a clean, sanitary and attractive condition, and good state of
repair.
11.6. Structural Alterations.
No structural alterations to any Unit shall be made and no plumbiag, electrical or similar
work within the Common Area shall be done by any Owner without the prior written consenl of
the Association.
I 1.7. Signage.
Each Owner shall have the right to erect identification sign(s) or similar signage
identifiing the business or names of the individuals conducting business in the Unit in
accordaace with the terrns and conditions of the Master Declaration.
12. INSURANCE
12.1. Twes of Inswance.
The Association shall obtain and keep in fulI force and effect at all times the following
insurance coverage provided by companies duly authorized to do business in Idaho' The
provisions of thii Section shall not be construed to limit the power or authority of the
Associalion to obtain and mainlain insurance covemge, in addition to any tnsurance coverage
required hereunder, in such amounts and in such forms as the Association may deem appropriate
from time to time.
12.1.1. casualty lnsurance. The Association shall obtain insurance on the
Building in the u-o*t of t}r" full replacement value thereof in the event of damage or
J.rtu"ioo from the casualty against which such insurance is obtained. Such insurance
shall
include fue and extended .or"ig", vandalism and mischie! and such other risks
and hazards
,gri"ri *hi.l, the Association ,f,ufl d""- appropriate to provide insurance protection' The
Condominium Declaration forBonito Condominium No- I -
20
;$;'";;;;J a"r,j"grvuora"uo.Ji;tillr\ii-f oruy rnte-ct rites\olKB\Bonito
condo No I Dec - GPo2a"doc
Association may comply wilh the above requirements by the purchase of blanket coverage and
may elect such "deductible" provisions as in the Association's opinion are consistent with good
business practice.
12.1.2. Public Liabilitv and Propertv Damase I4lwance. The Association shall
purchase broad form comprchensive liability coverage in such amounts and in such forrns as it
deems advisable to provide adequate protection. Coverage shall include, without limitation,
liability for personal injuries, operation of automobiles on behalf of the Association, and
activities in connection with the ownership, operation, maintenance and other use of the
Building.
12.1 .3. Workmen's Comnensation and Employer's Liabilitv lnsurance. The
Association shall purchase workmen's compensation and employer's liability insurance and all
other similar insurance in tespect to employees of the Association in the amounts and in the
forms now or hereafter required by law.
12.1.4. FideliW Insurance. The Association shall pr:rchase in such amounts and
in such fomts as it shall deem appropriate coverage agfist liability of its officers and directors,
dishonesty of employees, destuction or disappearance of money or securities, and forgery.
12.2. Optional lnsurance.
The Association may obtain the following types of insurance coverage, but it is not
required to do so.
12.2.1. Personal Property Casualw Insurancp. The Association may in its
discretion obtain insurance on the personal property and fumishings initially placed in any Units
by Declarant, if any, upon completion of constuction of the Building in the amount of the firll
replacement value thereof in the event of damage or destruction fiom casualties against which
such insurance is obtained.
12.2.2. Casualtv and Public Liability Insurance. The Association may in its
discretion obtain casualty and public liability insurance coverage, in amounts it may select, with
respect to an Owner's activities within each Unit.
12.2.3. Other. The Association may obtain inswance against such other risks, of
a similar or dissimilar nature, as it shall deem appropriate with respect to the Building, including
any personal propefi of the Association located thereon.
12.3. Form.
Casualty insurance shall be carried in a form or forms naming the Association the insured
as trustee for the Owners, which policy or policies shall specifu the inlerest of each Owner
(Owner's name, Unit number, and the appurtenant undivided iuterest in the Common Area) and
which policy or policies shall provide a standard loss payable clause providing for payment of
insurance proceeds to ttre Association as trustee for the Owners and for the respective fust
Mortgagees which from time to time shall give notice to the Association of such Mortgages, such
proceeds to be used in accordance with this Declaration. Each policy shall also provide that it
Condominium Declaration for Bonito Condominium No. I - 21
C:\Documcnts and SettirgsuHovde\Local Settings\TempoEry Intemet Files\OlKB\Bonito CoDdo No I Dec - GP02a.doc
cannot be canceled by either the inswed or the insurance compaay until after ten (10) days prior
written notice is first given to each Owner and to each fust Mortgagee requesting such notice.
The Association shall furnish to each Owner alrd to Declarant a true copy of such policy together
with a certificate identifring the interest of the Owner. All policies of insurance shall provide
that the insurance thereunder shall be invalidated or suspended only in respect to the interest of
any particular Owner guilty of breach of warranty, act, omission, negligence or noncompliance
with any provision of such policy, including payment of the insurance prcmium applicable to
that Owner's interest or who permits or fails to prevent the happening of any event, whether
occurring before or after a loss, which under the provisions of such policy would otherwise
invalidate or suspend the entire policy. All policies of insurance sha1l provide further that the
insurance under any such policy as to the interest of all other insured Owners not guilty of any
such breach of w a$afiy , act"
omission, negligence or noncompliance with any provision of such
policy shall not be invalidated or suspended and shall rernain in fulI force and cffect.
Public liability and property damage insurance shall name Declarant and the Association
as the insured, with the Association as trustee for the Owners, and shall protect each Owner
against liability for acts of the Association in connection with the ownership, operation,
maintenance or other use of the Building and/or the Project, as applicable under the
circumstances.
12.4. Owner's R-esponsibility.
. lnsurance coverage on any firmishings initially placed in the Unit by Declarant, and
regardless of the Association's election, insurance coverage against loss from theft on all
personal property and insurance coverage on items of personal property placed in a Unit by
Owner, shall be the responsibility ofthe respective Owners.
12.5. lnsuranceProceeds.
The Association shall receive the proceeds of any casualty insurance paymerrts received
under policies obtained and maintained pursuant to this Section, except Sections 12.4 and 12.6
hereof. The Association shall apportion the proceeds to the portions of the Building which have
been damaged. To the extent that reconstruction is required herein, the proceeds shall be used
for such purpose. To the extent that reconstruction is not required herein and there is a
determination that the Building shall not be rebuilt, the proceeds shall be distributed in the
manner set forth in Section 13.8. Each Owner and each Mortgagee shall be bound by the
apportionments of damage and of the insurance proceeds made by the Association pusuant
hereto.
12.6. Ovvner's Own Insurance.
Notwithstanding the provisions of Sections 12,1 and 12.2 hereof ,
each Owner may obtain
insurance at the Owner's own expense providing coverage upon the Owner's Condominium,
personal property, personal liability, and/or covering such other risks as the Owner may deem
appropriate, but each policy shall provide that it does not diminish the insurance carrier's
coverage for liability arising under insurance policies which the Association obtains pursuant to
this Article 12. Nl such insura ce on the Owner's Condominium shall waive the insurance
company's right of subrogation against the Association, the other Owners, and the servants,
condominium D9claration for Bonito Condominium No. I ^ 22
C:lDocmerts ard SettingsuHovde\,Local Settings\Temporary Intemet Filcs\OlKB\Bonito Condo No I Dec - GPo2a.doc
agents ard guests of any of them, if such insurance can be obtained in the normal practice
without additional premium charge for the waiver ofrights of subrogation.
13. CASUALTY, DAMAGE OR DESTRUCTION
13.1. Affects Title.
Title to each Condominium is hereby made subject to the terms and conditions of this
Article 13, which bind the Declarant and all subsequent Owners, whether or not it be so
expressed in the deed by which any Owner acqutes a Condominium.
13.2. Association As Aeent.
All of the Owners irevocably constitute and appoint the Association their true and laufr.il
attomey-in-fact in their name, place and stead for the purpose of dealing with the Building upon
its d'mage or destruction as hereinafter provided. Acceptance by any grantee of a deed from the
Declarant or from any Owner shall constitute such appointrnent.
13.3. General Authority of Association.
As attomey-in-fact for the Owners, the Association shail have tle right and power to
make, execute and deliver any contract, deed, or other insb:lllllent associated with the receipt of
insurance proceeds for damage or destruction to the Building and the repair and replacement of
the improvements. "Repair and replacement of the improvements" as used in this Declaration
means restoring the Building, including the site improvements, equipment and facilities therein,
to substantially the same condition in which they existed prior to damage, with each Unit and the
Common Area having substantially the same vertical and horizontal boundaries as before. The
proceeds of any insurance collected shall be available to the Association for the purpose of repair
or reconstruction unless the Owners and all frst Mortgagees unanimously agree not to rebuild in
accordance with the provisions set forth hereinafter.
13.4. Estimate of Costs.
As soon as pmcticable after an event causing damage to, or destruction of, any part of the
Project, the Association shall obtain estimates that it deems reliable of the costs of repair or
reconstruction of that part of the Proj ect damaged or destoyed.
13.5. Repair or Reconstuction.
As soon as practicable ater receiving these estimates, the Associalion shall diligently
pusue to completion the repair or reconstruction of that part of the Project damaged or
destroyed. Provided, however, in the event fifty percent (50%) or more of the Project has been
damaged or destroyed, the Association's obligation and/or right to rebuild the Project shall be
subject to Declarant's pdot \ ritten approval, such approval to be in Declarant's sole discretion.
The Association may take all necessary or appropriate action to effect repair or reconstruction, as
attomey-in-fact for the Owners, and no consent or other action by any Owner shall be necessary
in connection therewith. Such repair or reconstruction shall be in accordance with the original
plans and specifications of the Project or may be in accordance with any other plans and
CoDdorDinium Dcclardtion fot Bonito Condomirium No. I - 23
C:\Documents and SettingsVHovde\Local Scttings\Temporary Iotemet FilEs\OLKBlBonito Condo No 1 Dec - GP02a"doc
specifications the Association may approve, provided that in such latter event the number of
cubic feet and the number of square feet of any Unit may not vary by more than five percent
(5%) fiom the number of cubic feet and the number of square feet for such Unit as originally
constructed pursuant to such original plans and specifications, and the location of the Units shall
be substantially the same as prior to damage or destruction.
13.6. Funds for Reconstruction.
The proceeds of any insurance collected shall be available to the Association for the
purpose of repair or reconstruction. If the proceeds of the insuraace are insufficient to pay the
estimated or actual cost of such repair or reconstruction, the Association, pursuant to Section 8.6
hereof, may levy in advance a Special Assessment sufficient to provide firnds to pay such
estimated or actual costs of repair or reconstnrction. Such Special Assessments shall be
allocated and collected as provided in that Section. Furttrer levies may be made in like manner if
the arnounts collected prove insufticient to complete ttre repair or reconstruction.
13.7. Dlsbursement of Funds Repair or Reconstruction
The insurance proceeds held by the Association and the amounts received from the
assessments provided in Section 13.6 constitute a fund for the payment of costs of repair and
reconstuction after casualty. It shall be deemed that the first money disbwsed in paym.ent for
the cost of repair or reconstruction shall be made from insurance proceeds; if there is a balance
after payment of all costs of such repair or reconstructio& such balance shall be distributed to the
Owners in proportion to the contibutions by each Owner pursuant to the Assessments by the
Association under Section 13.6 ofthis Declaration
13.8. Decision Not to Rebuild.
If all Owners and all holders of first Mortgages on Condominiums agree not to rebuild, as
provided herein, and/or Declarant's decision not to rebuild as provided in Section 13.5, the
Project shall be sold. The sale proceeds shall be apportioned among the Owners in the same
proportions as their share of the Common Area as provided in Exhibit C; and such apportioned
proceeds shall be paid into separate accoutrts, each such account representing one (1)
Condominium. Each such account shall remain in the name of the Association, and shall be
flrther identified by the Condominium desigrration and the name of the Owner. From each
separate account the Association, as attorney-in-fact, shall use and disburse the total amorurt of
such accounts without contribution from one account to the other, fust to Mortgagees and other
lienors in the order of priority of their Mortgages and other liens, and the balance remaining to
each respective Owner.
14. COI\DEMNATION
If at any time or times during the continuance of ttre condominir',m ownership regime
pursuant to this Declaration, all or any part of the Project shall be taken or conderrned by any
public authority or sold or otherwise disposed of in lieu ofor in avoidance thereof, the following
provisions shall apply.
Condominium Dcclaration for Bolito Condominium No. I - 24
C:\Documents aod SettingsuHovde\Local Settings\Temporary Intemet Filcs\OlKB\Bonito Condo No 1 Dec - GP02a.doc
1 4 . 1 . Consequences of Condemnation.
AJI compensatioq damages or other proceeds therefrom, the sum of which is hereinafter
called the "Condernnation Award," shall be payable to the Association.
14.3. Complete Takine.
In the event that the entire Building is taken or condemned, or sold or otherwise disposed
of in lieu of or in avoidance thereofl the condominium ownership regime pursuant hereto shall
terminate. The Condemnation Award shall be apportioned among the Owners in the same
proportions as their share of the Common Area as provided in Exhibit C. provided that if a
standard different from the value of the Building as a whole is employed to measure the
Condemnation Award in the negotiation, judicial decree or otherwise, then
in determining such
shares the same standard shall be employed to the extent it is relevant and applicable.
On the basis of the principle set forth in the preceding paragraph ofthis Section 14.3,+he
Association shall as soon as practicable detennine the share of the Condemnation Awmd to
which each Owner is entitled. Such shares shall be paid into separate accornfs and disbursed as
soon as practicable in the same manner provided in Section 13.8 ofthis Declaration.
14.4. Partial Takine.
In the event that less than the entire Building is taken or condernned, or sold or otherwise
disposed of in lieu of or in avoidance thereof, the condominiurn ownership regime herer:nder
shall not terminate. Each Owner shall be entitled to a share of the Condemnahon Award as set
forth herein. As soon as practicable the Association shall, reasonably and rn good faith, allocate
the Condemnation Award between compensation, damages or other proceeds and shall apportion
the amounts so allocated among the Owners as foliows:
14.4. L Allocation to Common Area. The total amount allocated to taking of or
injury to the Common Area shall be apportioned among the Owners in the same proportions as
their shares of the Common Area as provided in Efibit C;
14.4.2. Allocati on to ums. The total amount allocated to severance
damages shall be apportioned to those Condominiums which were taken or condernned as
follows: (a) the respective amounts allocated to the taking ofor injr;ry to a particular Unit and./or
improvements an Ouner has made within his own Unit shall be apportioned to the particular
Unit involved; and (b) the total amount allocated to consequential damages and any othet takings
or injuries shall be apportioned as the Association determines to be equitable in the
circumstances. If an allocation ofthe Condernnation Award is already established in negotiation,
judicial decree, or otherwise, ttren in allocating the Condemnation Award the Association shall
employ such allocation to the extent it is relevant and applicable. Distribution of apportioned
proceeds shall be made in the same manner provided in Section 13.8 of this Declaration.
14.5. Reorsanization.
In the event a partial taking results in the taking of a complete Unit, then, upon the
distribution of such Owner's apportioned proceeds, the Owner thereof automatically shall cease
Condominium Dcclaration for Boniro Condominium No. I - 25
C:\Documents and SefiingsuHovde\Local Scttings\Temporary Intemet Filcs\OlKB\Bonito Condo No I Dec - cPo2a-doc
14.2. Br_o-.cjeds.
to be a member of the Associatiotr. Thereafter the Association shall re-allocate the ownership,
voting rights aad assessment ratio determined in accordance with this Declaration according to
the same principles employed in this Declaration at its inception and shall submit such
re-allocation to the remaining Owners for approval and amendment of this Declaration as
provided in Section 16.1.2 hereof.
14.6. Reconstruction and Reoair.
Any Reconskuction and Repair necessitated by condemnation shall be govemed by the
procedures specified in Section 13.5 above.
15. INSPECTION OF AN ASSOCIATION'S BOOKS AND RECORDS
15.1. Member's Right of Inspection.
The membership rcgrster, books of accourrt and minutes of meetings of the Board and
committees of the Association shall be made available for inspection and copying by any
Member of said Association or by such Membe/s duly appointed representatives, at any
reasonable time and for a purpose reasonably related to such Menrber's interest as a Member at
the office of the Association or at such other place as the Board of such Association shall
prescribe. No Member or any other person, excluding Declarant, shall copy the membership
register for the purposes of solicitation of or direct mailing to any Member of the Association.
15.2. Rules Resardine Inspection ofBooks and Records.
The Board shall establish reasonable ru1es with respect to (l) notice to be given to the
custodians of the records by the persons desiring to make the inspection; (2) hours and days of
the week when such an inspection may be made; and (3) payment of the cost of reproducing
copies of documents requested by an Owner.
15.3. Director's Riehts of Insoection.
Every director ofthe Board shall have the absolute right at any reasonable time to inspect
all books, records and documents of the Association, and the physical properties owned or
controlled by the Association. The right of inspection by a director includes the right to make
extracts and copies of documents.
L6. MISCELLA}IEOUS
16.1 . Amendrnent.
16.1.1. Bv Deg-larant. Except as provided in Section
16.2, until the recordation
of the first deed to a Condominium, the provisions of this Declaration may be arnended,
modified, clarified, supplemented, added to or terminatsd (collectively "Amendment') by the
Declarant by recordation of a written instr.rment setting forth such Amendment.
16.1.2. Bv Owners. Excep as provided in Section 16.2, after tle recordation of
the first deed to a Condominium, any Amendment to this Declaration, other than to this Section
Condomidum Declaration for Booito CondominiumNo. I '26
C:\Documents and SettingsVHovdc\Iocal Settings\Temporary Ifltemet Files\OlKB\Bonito Condo No I Dec - CPo2a.doc
16.1.2, shall be by an instrument in writing signed aad acknowledged by the president and
secretary of the Association certi$ing and attesting that such Amendment has been approved by
the vote or written consent of Owners representing more than fifty percent (50%) of the total
votes which may be cast by all of the Members, except where a greater percentage is required by
express provision in this Declaration, and such Amendment shall be effective upon its
recordation with the Ada County Recorder. Any Amendment to this Section 16.1.2 shall require
the vote or written consent of Owners holding nin6fy-five pel6ent (95%) of the total votes which
may be cast by all of the Members.
16.1.3. Effect of Amendment. Any Amendrnent of this Declaration approved in
the mamer specified above shall be binding on and effective as to all Owners notwithstanding
that such Owners may not have voted for or consented to such Amendment. Such Amendment
may add to and increase the oovenants, conditions, restrictions and easements applicable to the
Project but shall not prohibit or unreasonably interfere with the allowed uses of such Owner's
Condominium which existed prior to the said amendment.
16.2. Morteaee Protection.
Upon written request to the Association from any holder, insurer or guarantor of any first
Mortgage stating both its name, address and the Unit number or address of the Unit on which it
has its first Mortgage, said holder, insurer, or guarantor of a frst Mortgage encumbering a Unit
shall be entitled to notice ofthe following:
Any condemnation or casualty loss that affects either a material portion of the
Building or a Unit encumbered by such first Mortgage;
Any sixty (60) day delinquency in the palm.ent of Assessments or charges owed
by the Owner of any Unit on which it holds a fust Mortgage;
A lapse, cancellation, or material modification of any insuraneg policy maintained
by the Association; and
Any proposed action that requires the consent of a specified percentage of eligible
Mortgage holders.
16.3. Notices
Any notices permitted or required to be delivered as provided in this Declaration shall be
in writing and may be delivered either personally, by fax or by mail. If delivery is made by mail,
it shall be deemed to have been delivered seventy-two (72) hows after the same has been
deposited in the United States mail, first class, postage prepaid, addressed to the Declaraat, any
Owner, mortgagee or person at the address given by such person, individual or entity to the
Association for the purpose of service of such notice, or if no address has been given to the
Association or to the address of Such Declarant, any Owner, mortgagee, or person as contained in
the Ada County tax assessor's rolls. Such Owner's address may be changed by the Owner from
time to time by notice in writing to the Association.
Condominium Doclsration for Bonito Condominium No l - 27
C:\Documenrs and SeningsvHovde[ocal Settings\Temporary IntemEt Files\OlKB\Bonito Condo No 1 Dec -
GP02a doc
16.4. Enforcement and Non-Waiver.
16.4.1, Risht of Enforcement. Except as otherwise provided herein, the
Association, any Owner or Declarant shall have the right to enforce any and all of the provisions
hereof against any Unit and against the Owner or Owners thereof.
16.4.2. Violations and Nuisances. The failure of any Owner of a Unit to comply
with any provision hereof, or witi any provision of the Condominium Documents, is hereby
declared a nuisance and will give rise to a cause of action in Declaran! the Association or any
Owner for recovery of damages or for negative or afErmative injunctive relief or both.
16.4.3. Violation of LaW. Any violation of any state, municipal or iocal law,
ordinance or regulation pertaining to the ownership, occupation or use ofany property within the
Project is hereby declared to be a violation of this Declaration and subject to any or all of the
enforcement procedures set forth in this Declaration and any or all enforcement procedures in
law and equity.
16.4.4. Remedies Cumulative. Each remedy provided herein is cumulative and
not exclusive
16.4.5. Non-Waiver. The failure to enforce any of the provisions herein at any
time shall not constitute a waiver of the right to enforce aoy such provision.
16.5. Intemretation.
The provisions ofthis Declaration shall be liberally construed to effectuate its purpose of
creating a uniform plan for the dwelopment and operation of the Project. This Declaration shall
be constued and governed under the laws ofthe State ofldaho.
16.5.1. Restric$ons Construed Together. A11 of the provisions hereof shali be
liberally construed together to promote and effectuate the firndamental concepts of the
development of tlle Project as set forth in the recitals to this Declaation.
16.5.2. Restrictions Severable. Notwithstanding the provisions ofthe foregoing
Section 16.5.1, each of the provisions of this Declaration shall be deemed independent and
severable, and the invalidity or partial invalidity of any provision or portion thereof shail not
affect the validity or enforceability of any other provision herein.
16.5.3. Singular Includes Plwal. Unless the context requires a contrary
construction, the singular shall include the plural and the plural the singular; and the masculine,
feminine or neuter shall each include the masculine, feminine and neuter.
16.5.4. Caotions. All captions, titles and the table of contents used in this
Declaration are intended solely for convenience of reference and shall not affect that which is set
forth in any of the provisions hereof.
Condorninium Declaration for BoDito Condominium No. I - 2E
C:\Documents and SettingsUHovde\Local Sertitrgs\Tcmporary Irtemet Filcs\OLKB\Bonito Condo No I Dec - OPo2f,doc
AII obligations of the Owner under and by virtue of the provisions contained in this
Declaration shall continue, notwithstanding that such Owner- may have leased, rented or entered
a contract of sale ofhis interest as provided herein, but the Owner of a Condominium shail have
no obligation for expenses or other obligations accruing after the owner conveys such
Condominium.
16.6. Owner's Oblications Continue.
16.7. Exhibits.
16.8. Successors and Assigns.
All references herein to Declarant, owners, Members and the Association shall be
construed to include all successors, assigns, partners and authorized agents of Declarant, owners,
Members, and the Association.
Bnd of Textl
Condominium Declaration for Bonito Condominium No. I - 29
C:\Documents and ScttingsUHovde\Iocal Settings\Tcmporary Intemet Files\OlKB\Bonito Condo No I Dec - GP02a-doc
All recitals contained herein and the exhibits attached hereto are incorporated herein as if
set forth in full herein. However, in the event of any conflict between any exhibit and the text of
this Declaration, the Declaration shall control.
Tbis Declaration is executed effective this __-- day of
2006.
Caroline F. Evans
STATE OF IDAHO
County of Ada
On this day of , 2006, before me, a Notary Public in and for the
State
of Idaho, personally appeared William David Evans, known or identified to me to be the person
whose name is subscribed to the within instrument, and acknowledged to me that he
"*""ot*d
th.
same.
IN WITNESS WHEREOF, I have hererurto set my hand and affixed my official seal the
day and year in this certificate first above written.
Notary Public for ldaho
Residing at Boise, Idatro
My commission expires:
STATE OF IDAHO
County ofAda
On this day of 2006, before me, a Notary Public in and for the State
of Idaho, personally appeared Caroline F. Evans, known or identified to me to be the person
whose name is subscribed to the within instumen! and acknowledgedto me that he execuied the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and afFrxed my official seal the
day and year in this certificate first above written.
Notary Public for Idaho
Residing at Boise, Idaho
My commission expires:
Condominium Declaration for Bonito Condominium No. I - 30
C:\Documents and SettingsUHovde\Local Settings\Temporary Internet Files\OlKB\Boniro Condo No 1 Dec - GP02a-doc
)
)
)
ss.
)
)
)
ss.
Wm. David Evans
[DRAFTING NOTE: ARE TIIERE ANY RECORDED SECURITY INTERESTS ON
THIS PROPERTY?]
Condominium Declamtion for Bonito CondominiumNo. I - 3l
C:\Documents ald SettingsVHovdc\Loca.l Scttings\Tcmporary Iatemet Files\OlKB\Bonito CondoNo 1 Dec - GP02a.doc
The undersiped holder ofa recorded security interest in the Property hereby consents to
the recordation of the Plat and this Declaration.
EXHIBIT A.1
PIat
Exhibit A-l
C;\Documents ard SettingsUHovde\Local Scttings\Temporary Intemet Files\OlKB\Bonito Condo No I Dec - GPo2a.doc
tci
hs.,0
N(jr a
s\
Cn
t\
s)
B
L
q
L
E
t.
$
Rlrr
!.i
\5
E
t\ssat )
I
I
I
I
I
I
I
\
l
\
\
\
& J2,
6
I
F
\E
\
32,
$
s
tr
I
I
!l I
,
I
o
E
E
,.
?
E*
2
e
a
I
it
d,
I
s
)
)
B,
y4'
-o9. a&I '-
A
E
ts a
1a$' ai
I
N
UNIT 2
UNIT J
Dff
UNIT
@
h
fwMI
FRST FLOOR PLAN
,wtoilil-oRnx MMMfi czmtp
E'a@
da,fl
UNIT J UNIT 2 UNIT 1
sEWr fio, 2 0F 1
UNIT 1
@\.7 NORTH ELEVATION ''OT
M\7 FrAST EIf,VATION '1'A
sI$ EEfiE $i
[EiisEF$;
$ffiTH
E$$i$i
is$q{IH; '
i$si$i$F
$E$iih
,$$l$E
ET
fih
fi8
qg hg
sc
='
E"
$$$$ffi fia
k=
F=
!
a
$
g
;q
t
H
E
d
\q
!
E
E
$
$\
B
R
iEl 888
rt $8.E
tIx dEa iI{IIi.i' i
r$e
ifi$
!$E
t${g $
Bq
ss
.:es q
trx
frfi
E
i
I
t
iI
i
E
s
th
ilE
EI
$d
$t
ii
a
e
a
I
*
f
E
gr
EtI
R
x
EI
*
5r
I E; IIE
\RE
qtjB
H.\rE i t
g
n
\1$E
ltffi
Er{t
Eiq
iEe
lei
ilt ,lE
H
E,
q
Y
iEi
llE
sgr tF
;t
t
E
E
x
6t
Ea
IeE\
Ir
Rq
rE
rB
cq
I
a
I
E
c
I
I
I
H
R
\
I
E)GIIBIT A.2
Legal Description
Exhibit B
C:\Documents aDd SettingsuHovde\Local Setings\Temporary htemct Files\OLKB\Bonito Condo No I Dec - Gp02a.doc
TOOTEMAN .ORION ENGINEERING v COMPANY
CONSITLING ENGINEERS, SUIVETORS Ar.{D P[-ANNBRS
9777 CHINDEN BOUTEVARO
BOTSE, TDAHO 63714-2OOS
2OB 323-22EE . Fl:< 200-323-2399
boise@toengrco.com
PROJECT:04i07
DATE: November 21, 2006
PAGE: l ofi
EXIITRII 't4-2"
Legal Description
Lot 16, Block 1, "Bonito Subdivision No. 3,
A parcel ofland located in the NE l/4 of Section 20, Township 3 North, Raage
1 East, Boise
Meridian, City of Meridian, Ada County, Idaho, boing all of Lot 16, Blocd l, Bolito
jubrlivision No.
3, filed in book 94 ofplats, at pages 11520-11522, records ofAda county, Idaho, more particularly
described as follows:
coMMENcING at the 1/4 comer commotr to Sections 20 and 21, Towoihip 3 Nort[ Range I Easg
Boise Meridian, city of Meridian, Ada county, Idaho, as referenoed by comer perpetuation"and
Filing Record Instrument No. 103204073, from whict the comer cdmmon to Sections 16, lj, zo ana
21, as referenced by comer Perpetuarion and Filing Record Instrument No. 103 13542g, bears
N.00"14'30'E., 2651.87 fee! thence, along the latitudinal centerline ofsaid Section 20,
A.) S.89'54'36'W .,2664.08 feetlo a point marking the ceoter of Section 20; thence,.leaving said
centerline,
B.) N.80o53'43"E., 1680.52 feet to the uorthwesterly comer oflot Id, of said.Bonito
Subdivision No. 3, on a curve on the southerly right-of-way line of East Copper Point Drive,
marking the POINT OF BEGIIINING, thence along said right_of_way lini,
l) southeasterly along a curve to tle left, having a radius of237.00 fee! an arc length of
62.27 feet, frroryh a central angle of 15003'14, and a chord bearing and distanc; of
S.68"54'44'E.. 62.09 feet; thence, leavhg said right-of-wa. y.Iine, along the exterior
boundary of said Lot I 6 the follow.ing courses:
2) S.00o00'00'W., 123.57 feet to the southeasterly comer of said Lot 15; theuce,
3) N.90o00'00"W., 57.94 feet to the southwesterly comer of said Lot 16; tJrence,
4) N.00o00'03'E., 145.90 feet to the POINT OF BEGINNING.
CONTAINING 0.18 acres, more or less.
sUBJECT To: All covenants, Rights, Rights-of-way, Easements of Record, and other encurnbrances.
6t
l-2t8
OF \'
Oj\0410 \4?FILESlLlgil D@iplbsciEcl^.r,t l( Bt K t -DESC.doc f
BOISE . COEIJRd,ALENE .
CALD'I,VEI,I t.
l
EXEIBITB
Articles of Incorporation
Exhibit B
6,i6o"rr.ots *a S.ningsvHovdc\Local Sctings\Temponry Intcmct FilEs\OLKB\Botrito Condo
No t Dec - GP02a doc
DfiIIBIT C
Percentage of Ownership Interest
Proportionate Interest in Common Areas
Exhibit C
v
Unit # 7o fnterest in
Common Areas and
Voting Rights
1 ot
/o
2 Yo
3 o/
/o
C:\Documents and SettingsVHovde\Local Settings\Temporary Intemet Files\OlKB\Bonito Condo
No I Dec - Gp02a.doc
File No.: SHP-06-012
Project Name: Bonito Condominium No. 1 Short Plat
Request: Short Plat approval for 3 condominium units on 1 lot in a C-G zone by WM
David Evans.
Location: 3949 E. Copper Point Drive in the NE % of Section 20, T.3N., R.1E.
Date: 2007 consent
*L.ii,
d,c;;;f,4 Planning Department
, ADMINISTRATIVE REVIEW APPLICATION
.--a-1 /'
Q.Tr{'o!
r i
t Er-
1
,)
,lr,\l t()
Type of Review Requested (ch )
E Accessory Use
E Alternative Compliance
E Certificate of Zortng Compliance
E Conditional Use Permit Minor Modification
E Design Review
D Private Steet
t1 Properry Boundary Adjustment
E Short Plat
D Temporary Use Certificate of Zormg Compliance
tr Time Extension (Director)
E Vacation
E Other
A Information
Applicant name:
Applicant address
Applicant's interest in property: E Own tr Rent tr
Owner name: le*
tr Other
Owner address zip: W7/7
Agent name (e.g.
Firmname:
Address:
contact is: tr Applicant tr wner E[ Agent tr Other
name
er
Phone 3trr. arp8
zip: ?3> t'v
Total acreage a. I 71
Current zoning district: (- (-
engineer, representative):
Primary
Contact
E-mail:
Subject Information
Location/street address : /:
Assessor' s parcel number(s) aa7 o
Township, range, section IE
Current land use; lt (a.^ *
660 E. Watertower Lane, Suite 202 r Meridian, Idaho
g3642
Phone: (208) 884-5533 o Facsimile: (208) 888-6854 e Website: www.meridiancity.org
1 61ev.9/21/06)
File number(s -0 017-
-
-irl
'.' t-'.-:"i'G
Phone: >g 3. t )O3
zip: t3 7)?
Phone: 8-5f. llc'a
P ect Dcrcri
ProjecUsuMivision name:
General on ofprcposed projecYr€qu€ st:
Propos€d zoning distict(s):
Acres ofeach zone proposed: o.t
Type of use proposed (check alt that apply):
tr Residenrial fil Commercial tr Office tr lEdustria-1 tr Othe!
Amenities provided with this development (if 4plicable
\l'ho wfll ormr & mainlain the pressrnized inigation srstem in rhis
Which irriga{ on district does rhr.s prop€rry lie wirhin?
O;;/-
Primary iri gatian source:
Minirmrm property size (s.f)
Gross density lOUraao-.torat iaral:
Percentsge of opefl spaee povided: ==_--
Pcrcemage ofuseable op6r spaa€; ......-----. --
Secondarv:
Square ggsrtge
oflsndsca{red ar€as to be irrigat€d 6fpinrary
c seconarrypoir!, of cmc€ic[ i, Ciay czrlf)
Resldeu(ial P cct Su
Number of resideutial units: Nurnber of bufl ding lots :
Number ofcommon &nd/or other lots:
hoposed number of dwelling urdts (far mulli-family developnents oDly):
I Bedroom: 2 or more Be&oons:
Minimum square foohge of stsuchne(s) (excl. garage):
Nrrtrt8r of building lots
Gross floor arca proposed:
Ilours of opration (days and hours)
Proposed building height: _
Average property size (s.f.): _
N€t d€osify (Du/acredchdoS red! & aucyr): _
Acreage of opcn space:
(See Clnprer 3, Anicle G, for qualified opeo space)
Other lots:
Existing (if applicabl€) : _
Building height:
Typc ofopen space provided iE acres (i.e., Iandscaping, public, corrunorL slc):
Tlpe of dwelling(s) propose,ct tr S;ngle-famity E Tonr:honrs E Duplexes D Multi-family
Non-re$i de[ti al cct s ca
o
Percertage of sitr,/project devoted to tho followiag:
llndscaping: Building: Paving:
Tota.l number of employ€es: Maximuur mrmber of employees at any one time
Number aad ages of srudenh/chil&€n (if applicable): S€aling capacity:
Total nunber ofparking spaces provided:- Number ofcompact spaces
provided:
Authorization
/v/'
hirll applicant nafiE
\
Applicant signature: Dale: t2- I-Dr
660E, Walefo\xer Lare, Suite 202 r Meridiaa, I&ho 83642
PhoEe: (208) 8845533 . Faosimile: (208) EE&6854 r Websitq www.mentCi
2
anciry.otg
s.d 66eZ-eZE-AOZ esIoE uoaJo-ueulq?oo1 t,lugs:6 gooe
Io 3ao
Phone: 3)9. JatF
rax: -l )s-)3?9
B
t
\
E
E
EH
-Br z
Eil -u
n
t
h
F
ih
sn
A
H-t
sl
il II
TI
EI
e\
\
il u
tt
t\
1
f;e
s
n
a
a
n
il
d
+
T
Ix
$
d
q
R
$
t
t
IfP
irE
lfi*
tr $
$l ;
gt
hE
qE
eE
Eq
rg
I
E
F
t4
q
\
s
FI rl
B
P6'1
EeE Pl
ocEEF
pHi q+
d--
s
6
E
Et
I2
,l
F
t
E,8
E
|E'-
EE
ag 'a,
!l
E
t=t
e1
6g
T
c[,
Ei ez
E
a
1i
3
t-
Eeli
EAe Eii-
E3P S
-!e ?
E:fi E
Hqi B
ddx [,
6
a
E
H
sq
b
E
h
E
I
4
?
IE*
srE
I
q
F
E
d
z
q
EU aq 2
t\
I
IIEa
',i ieF *-glEa 9*:a
t
\
t
\
t,
I
I
t
.612) .
{o5.13'
@
-oo
@:
-"ffi#'E
+o' '
EE
16
ijt
q
t;s
calendar year is or will be inadequate to meet the Expenses of the Association for any reason,
including, without limitation, costs of construction, reconstruction, unexpected repairs or
replacement of improvements upon the Common Area, attomeys fees and/or litigation costs,
other professional fees, or for any other reasog the Board shall deterrnine the ipproximate
amount necessary to defray such Expenses and levy a Special Assessment. The Board shall, in
its discretion, detennine the schedu.le under which such Special Assessment will be paid.
8.7. Limited
Notwithstanding the above provisions with respect to Regular and Special Assessments,
the Association may lely a Limited Assessment against an owner and/or such owner's Unit as a
remedy to reimburse the Association for costs incurred in bringing the Owner and/or such
Owner's Unit into compliance with the provisions of the Condominium Documents, for damages
Coldominium Declaration for Bonito Condomi um No ] - I5
C:\Documents and SettingsUHovde\Local Settings\Temporary htomEt Files\OLKB\Boniro Condo No I Dec - cPo2a.doc
2
2
)
2
2
J
J
3
J
3
3
3
3
-t
4
4
4
4
4
4
4
4
5
5
5
5
5
Estargs or eu OwNpn
TrrLE................
RrcHT To DIVTDE UNITS.............
CoMBINATToN oF UNrrs.
INsrpen cBILrry oF CoNDoMrNIr.,MS. ......................
PARTrrroN Nor PERMIIrED..........
TAXES AND AssEssMENTs.
OwNER's fuclirs wtrH RESPECT To INTERIoRS.
5
5
5
7
.7
1
7
7
Table of Contents - i
CONDOMIMUM DECLARATION FOR
BONITO CONDOMINIUM NO. 1