HomeMy WebLinkAboutMayflower Place Condos
Hearing Date: June 19,2007 (consent agenda)
File No.:
SHP-07-004
Project Name: Mayflower Place Condominium Short Plat
Request:
Short Plat approval for 8 residential condominium units in 2 buildings in an R-15
zone by Tealey's Land Surveying.
Location:
1236,1254, and 1278 NE 2 Y2 Street in the NW ~ of Section 7, T.3N., R.IE.
-RECEIVED
MA\! 1 ~: ')007
, .J l-
City Of Meridian
City Clerk Office
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ADMINISTRATIVE REVIEW APPLICATION
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Type of Review Requested (check all that apply)
o Accessory Use
o Alternative Compliance
o Certificate of Zoning Compliance
o Conditional Use Permit Minor Modification-
o Design Review
o Private Street
_ D.,Property Boundary Adjustment
~Short Plat
o Temporary Use Certificate of Zoning Compliance
o Time Extension (Director)
o Vacation
o Other
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Applicant Information ~ 0,)"- 00{
Applic:ant name: t. , - Phone: ~ =). 'g ~ ~ D \.it)\p
Applicant address: "-~-t2.t ,I D Zip: ~ 1\ ~,
Applicant's interest- in pn5perty: 0 Own 0 Rent 0 Optioned '~ther ~\Q..~ rJ-n ~ -
Owner name: _('(\Ovv c.. ~jJ Phone: f:! fa /.0 -:530 D
Owner address:;:p, O. 8~~ UJ II Ie; /!;()I..>{, /1) g:57{) 7 Zip:
Firm name:
Phone: 3 ~ S- ...f)lo3l.p
Address:
Zip:
Primary contact is: 0 Applicant 0 Owner '~Agent 0 Other
conmctnmn"~VVL ~J;~~
E-mail: dA d. '~ _ S:. -
Phone: 3 ~ 5' -{) ltl '% l.p
Fax: (~~ oS' - D~S \0
Subject Property Information
Looation/stre,t oddre" \.;). ">~J~ \ ~ --, '0 I\l ~ d \ '0. <S,V::'"'
Assessor's parcel number(s): _ ~ ~ ~ ,"O--,--.-lO, p..eS-~ __ 00030, ?-Be;; _~ aJtJ<!O
Township, range, section: ~N l::r Total acreage: .l{ 1 S-
Current land use: U-es.;d-e..t\-ha{~ Current zoning district: ~-I S.
660 E. Watertower Lane, Suite 202 . Meridian, Idaho 83642
Phone: (208) 884-5533 . Facsimile: (208) 888-6854 . Website: www.meridiancity.org
1 (Rev. 9/2//06)
-'
Project Description
Proj''''SnbdiViSionnam''~. ~ ~
Genoral d,scription ofpropo"d proj reqn"" ..2 - D.u..pl~ s -j.o f.u,
~ .l~.k d. -to ~
Proposed zoning district(s): R- , cr
Acres of each zone proposed: _
. yq~
Type of use proposed (check all that apply):
~'Residential 0 Commercial 0 Office 0 Industrial 0 Other i
Amenities provided with this development (ifapplicable)6 fb ~, +~, cf ~ l ~'" ~
Who will own & maintain the pressurized irrigation system in this development? ---.l:l-o A-
Which irrigation district does this property lie within? N MID
Primary irrigation source: Q Illi Secondary: (' rTL J
Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): 3 -, 7 0
Residential Project Summary (if applicable)
Number of residential units:
.y
Number of building lots: J
Number of common and/or other lots:
~
Proposed number of dwellingcunits (for multi-family developments only):
1 Bedroom: 2 or more Bedrooms: L(
Minimum square footage ofstructure(s) (excL garage): 4 (I l(' Proposed building height: 31 -10
Minimum property size (s.t): -&-1 .5 tJ... Average property size (s.f.): c2 I ! S <:J )....
Gross density (DUlacre-totalland): ~ -~ ,1o.;;L q _ Net density (DU/acre-exc1uding roads & alleys): (1~ trJ33
Percentage of open space provided: d. g _j/a Acreage of open space: ..()!.
Percentage of use able open space: ;).. '1 OJ&> (See Chapter 3, Article G, for qualified open space)
Type of open space provided in acres (Le., landscaping, public, common, etc): ..J_ri V\.d. A..L' a ~CI...
Type ofdwelling(s) proposed: ~Single-family 0 Townhomes ~uplexes 0 Multi-family d"
Non-residential Project Summary (if applicable)
Number of building lots:
Other lots:
Existing (if applicable):
Building height:
Gross floor area proposed:
Hours of operation (days and hours):
Percentage of site/project devoted to the following:
Landscaping: Building: Paving:
Total number of employees: Maximum number of employees at anyone time:
Number and ages udents/children (if applicable): Seating capacity:
Total nu r of parking spaces provided: Number of compact spaces provided:
/ Authorization
Print applicant nam .
Applicant signature: Date:
660 E. Watertower Lane, Suite 202 '. Meridian, Idaho 83642
Phone: (208) 884-5533 . Facsimile: (208) 888-6854 . Website: www.meridiancity.org
2
TEALEY'S LAND
SURVEYING
187 E. 50th Street, Garden City, ID 83714
(208) 385-0636
Fax (208) 385-0696
Email: ddodson@tealevs.com
To: Anna Canning-Borchers
Meridian City Planning and Zoning
Date: May 9, 2007
Re: Mayflower Place Condos- Short Plat -INTENT LETTER
Job No.: 3/1 ~
( X )
X )
For your action
For your review
Transmitted By: Donna Dodson
Dear:Anna,
The purpose of this Short Plat is to allow for the two Duplex's to be converted to
Condominiums for individual sale. The Condominiums will have a basketball
hoop/backboard, and BBQ with Picnic table as the amenities for the Condominiums.
Sincerely,
Donna Dodson
E-mail: ddodson@tealeys.com
TEALEY'S LAND
SURVEYING
187 E. 50th Street. Garden City, Idaho 83714
(208) 385-0636
Fax (208) 385-0696
Project. No.: 3116
Date: May 4, 2007
DESCRIPTION FOR
MAYFLOWER PLACE CONDOMINIUMS
A parcel of land being Lots 1, 3 and 4 of Block 1 of Troy Place Subdivision, as
filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 93 of Plats
at pages 11290 and 11291, lying in the NW 1/4 of Section 7, T.3N., R.1E., B.M.,
Meridian, Ada County, Idaho and more particularly described as follows:
Commencing at a brass cap marking the West 1/4 corner of said Section 7;
thence along the West boundary of said Section 7
North 00011' 19" West 1238.30 feet to a point; thence leaving said West boundary
at right angles
North 89048'41" East 1082.11 feet to an iron pin on the centerline of North 2-1/2
Street; thence along the extended South boundary and the South boundary of said Troy
Place Subdivision
North 89020'42" East 140.61 feet to a brass cap marking the Southwest corner of
said Lot 3, said point being the POINT OF BEGINNING; thence along the West
boundary of said Lot 3
North 01037'56" West 65.62 feet to an iron pin on the South boundary of said Lot
1, said point marking the Northwest corner of said Lot 3; thence along said South
boundary
South 88022'04" West 113.86 feet to an iron pin marking the Southwest corner of
said Lot 1; thence along the West boundary of said Lot 1
North 00006'50" West 31.33 feet to an iron pin marking the Northwest corner of
said Troy Place Subdivision; thence along the North boundary of said Troy Place
Subdivision
North 88023'38" East 300.64 feet to an iron pin marking the Northeast corner of
said Troy Place Subdivision; thence along the East boundary of said Troy Place
Subdivision
South 00001'43" East 96.77 feet to an iron pin marking the Southeast corner of
said Troy Place Subdivision; thence along said South boundary of Troy Place
Subdivision
South 88020'42" West 184.90 feet to the POINT OF BEGINNING,
Said parcel of land contains, 0.495 acre, more or less.
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SEEllXHIBIT A ATf ACl-l:BD H5lt.SiO A}lJ) MADS A PART aE~.
Subje.ol'tO tha' certain Deetl orT!'\JSt dllted Jll1y Z4, 200l md ~~ IIlllIcr ~
No. -43124173 VIIIme blIlIe&ia1 inl.l:re" was ~cd 9nlZOOl IlIIdet" iMtmmctllWO.
101092,$2:2 IlIbidllhe Gran," llP'" IOpJ)'.
Subject ftJ Wit cCJUlln Deed ofTfu$t datal Mq 13. 2003 aDd fI'l'OI'dcd mu!l.'l' Ill$UUlIJlml No.
103080628 ~11 till! O~~ to JD)'.
To HAW .AND TO lIOU> !he $liid pre~ wilh theiJ apill,ntetliIPees olnlCl d1l= s.ail:i 0wl1ec. his heit7
lllld =ssp 1lr.t-e:ve:r. A'nd lhB said Ora/lIIIr dOes hl!lCby r:Qvcnanl \Q lIl1d witb die ~ Gr.w=. dull Qrant\lt
is lbt owner iA ~ :OUnple Il(nid p~~ IhIl1 sal4 prcmltler. VI:; he &muU 61lC~ exr;ept CW'tent
yearr, 1:IlIl.~, Illl'\es. _ ~. A1\ClIOillCClt U.S, PlUeIll- remvatiOll5, tc:$lrialiDlI8, tlIl;al\CIl1& DrrCQOrd,
me! ~ vif;;lble upml do= pnmio/:S. uull.ba~ GI9/llOr will w.m;U'\t >lDd d~~ tht SI{lIII 1011\ all c1alm:o .
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STA~ OF IDAliO- CO\.ll,\ty of Ad#, $i.
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City of Meridian Pre-application Meetinf! Notes
Date: '-t I :; f:.,-::r.
. ProjectJSubdivisionName: -H. I1d+jQw, rP\ l..LL Cl)f"\dt>..'s.
APPlicant/Contact: y,-J- :e.d L"
City Staff: ABc. H L ~ A fi ~ ~V
Location: ' Id. t.. Z- (/7-' siv- LL.- +-
. ExistiniZoning: 'E-l::) . Contiguous and WitbinAOI (AZ only):
Proposed Zoning: Number of Units and/or Lots:
;Frqperty Size: ----- .453 Dwelling Type (if residential):
Surrounding Uses: ~ ~ I b ^+i J... '
Comprehensive Plan: Designation(s):' 01,..\ I~ .....')""'1
Street Buffers and/or Land Use Buffers:
Open .Space/ AmenitieslPathways:
Street System/Stub Streets/Access:
Sewer'and Water Service:
Topography/Hydrology/Floodplain Issues:
CanalsIDitcheslIrrigation and/or Hazards:
History:
Additional Meeting Notes:
"'14 "1"',1 -+. (M-!O "p'1.+- "'cI1.F ~l, i,4-, S, -1h~~ ~"'C"':i: I
.', p~"t~~ 'f~ ~l(:~(.~~-h er\~r~'~~V~~::P7~ (I,,;I,___~-
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'~\(O~I\(> .\---.. .f)-T ~ .-AJL'lv.J ('~fY\-rY\"",c {~~ -::':>AL.,n.&jl2.+C,
Other Agencies/Departments to Contact (circle): .
A.da COlUlty Highway District Nampa and Meridian Irrigation
Idaho Transportation Department Settlers Irrjgation
Sanitary Services CQ1:poration Fire Department
Central District Health Police Department
Parks Department
Public Works Department
Building Depart;ment '
Other:
Applications Requir.ed (circle all that apply): ,
Accessory Use Design Review
Alternative Compliance Final Plat Modification
Annexation Misc. (DA Modification)
Certificate of Zoning Compliance Planned lJnit Development
Comp Plan Map Amendment Preliminary Plat
Comp Plan Text Amendment ~treet
Conditional Use Permit _ ~
Additional Pre~Applic~tion Conference (circle one):
Short .Plat
Time Extension
UDC Text Amendment
Vacation
Variance
Other: ' C 0 f\d 3 'Pi L +-
Anticipated Submission Date:
~f'r .
~,(c-:Z;O--'-
Anticipated Hearing Date:
Not Required -
r
C:br...d~
~ I J...
NOTES: 1) Applicants are required to hold a neighborhood meeting, in accordance'with UDC 11-5A-5C, prior to
submittal of an ap~lication requiring a public hearing. 2) Exc.ept for TIDC Text Amendments, Comprehensive Plan
Text Amendments and Vacation applications, all other applications requiring a public hearing shaIl be posted in
. accordance with UDC l1-SA-S D. 3) The information provided during this meeting is .based op current City Code and
. COlllprehensive Plan. Any subsequent changes to City Code andlor the Comprehensive Plan may affect your
submittal and/or application. This pre-application meeting shaIlbe valid for 6 months.
RE: Subdivision Name Reservation
Page 1 of2
)
"
Donna Dodson
From: David Couch [dscouch@adaweb.net]
Sent: Wednesday, January 31, 20074:40 PM
To: Donna Dodson
Subject: RE: Subdivision Name Reservation
January 31, 2007
Donna Dodson
Tealeys Land Surveying
RE: Condominium Name Reservation MAYFLOWER PLACE CONDOMINIUMS
Dear Applicant,
At your request, I will reserve the name "MAYFLOWER PLACE CONDOMINIUMS" for your
project. I can honor this reservation only as long as your project is in the approval process.
Final approval can only take place when the final plat is recorded.
Sincerely,
David J. Couch, PLS
Ada County Surveyor
For procedure on reserving subdivision names go to: http://www.adaweb.netldevserv/survev/Rsubname.htm
Check out the list of subdivision names at: b.tl(;1:lf~,,,?Q?.w_~P~!l~t!q,~Y$~!YI~,!:!,!Y~~L~JJQ.!J.?mS!~htm
-~---Original Message-----
From: Donna Dodson llJ1ailto;ddodso.D.@t~j;!J~Y'p,QQ_m]
Sent: Wednesday, January 31, 2007 3:47 PM
To: David Couch
Subject: Subdivision Name Reservation
Hello David
Our client would like to reserve the name Mayflower Place Condominiums
Located in
A portion of the SE 1/4 of the NW 1/4 of Section 7, T.3N., R.1 E., City of Meridian, Ada County, Idaho
Thank you,
Donna Dodson
2/1/07
RE: Subdivision Name Reservation
Page 2 of2
"
j
Project Coordinator
Tealey's Land Surveying
208-385-0636
2/1/07
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MARK RUSSELL A.NC MIK~ OIe::TZ
PLACE SUBDIVISION PINNACLE
l~~E:_~:;....I~~,
"._1-rno t2IIIlll7-71II1oo
COMMITMENT OF PROPERTY POSTING
Per Unified Development Code (UDC) 11-5A-5D, the applicant for all applications requiring a
public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment
and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing.
The applicant shall post a copy of the public hearing notice of the application(s) on the property
under consideration.
The applicant shall submit proof of property posting in the form of a notarized statement and a
photograph of the posting to the City no later than seven (7) days prior to the public hearing
attesting to where and when the sign(s) were posted. Unless such Certificate is received by the
required date, the hearing will be continued.
The sign(s) shall be removed no later than three (3) days after the end of the public hearing for
which the sign(s) had been posted.
I am aware of the above requirements and will comply with the posting requirements as stated in
UDC 11-5A-5.
~~
.
Apphc t/agent SIgnature
/- $/--0 7
.
Date
CONDOMINIUM DECLARATION
FOR THE
MAYFLOWER PLACE PROPERTIES LLC CONDOMINIUMS
NOTICE
THE FOLLOWING IS A VERY IMPORTANT DOCUMENT WHICH EACH AND EVERY
POTENTIAL BUYER AND OWNER OF A CONDOMINIUM WITHIN THE MAYFLOWER
PLACE PROPERTIES LLC CONDOMINIUMS SHOULD READ AND UNDERSTAND. THIS
DOCUMENT DETAILS THE OBLIGATIONS, RESPONSIBILITIES AND PROHIBITIONS
IMPOSED UPON ALL OWNERS AND UNITS LOCATED WITHIN THE MAYFLOWER PLACE
PROPERTIES LLC CONDOMINIUMS.
THE MAYFLOWER PLACE PROPERTIES LLC CONDOMINIUMS ARE A UNIQUE
LIVING ENVIRONMENT. EACH POTENTIAL OWNER IS ADVISED TO MAKE FULL AND
COMPLETE INQUIRY ABOUT THE MAYFLOWER PLACE PROPERTIES LLC
CONDOMINIUMS BEFORE ACQUIRING A UNIT. EACH OWNER ACKNOWLEDGES AND
UNDERSTANDS THAT THE UNITS WILL BE SUBJECT TO ASSESSMENTS LEVIED BY THE
MAYFLOWER PLACE PROPERTIES LLC CONDOMINIUM OWNERS ASSOCIATION.
THE GRANTOR, AS DEFINED IN THIS CONDOMINIUM DECLARATION,
EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, STATEMENTS OR
INFORMATION NOT SET FORTH HEREIN OR IN ANY WRITTEN DOCUMENT EXECUTED
BY THE GRANTOR.
POTENTIAL OWNERS ARE ADVISED TO REVIEW THIS CONDOMINIUM
DECLARATION PRIOR TO ACQUIRING A UNIT.
Table of Contents
CONDOMINIUM DECLARATION ................ .... ............ ......... ..... ............................ ............... i
SECTION 1 - RECITALS.. ............. .............. ........ ............... .................. ...... .......... ..... ...... 1
1 .1. Property Covered. ...................................................................................... 1
1 .2. Residential Property...................................................................................... 1
1.3. Purpose. ............ .............................. ................. ............................... ............ 1
SECTION 2 - DECLARATION..... .............. ... ............. .... ..... ........ .......... ........ .......... ........... 1
SECTION 3 - ADDITIONAL DEFINITIONS......................................................................... 2
3.1 . Articles........................................................................................................ 2
3.2. Assessment. .. .... ...................... .......... ................... ............ ............. ..... ..... ....2
3.3. Association.... .. .. .... . . .. ... . . . .. . ......... .. . . .... .... ... . . .. . ... . .. .. . .. . . . ...... . . . . . . . . . . ..... . . . . ..... 2
3.4. Association Rules. .. ............. ............ ..... ..... ................................. ....... ...........2
3.5. Board. ......................................................................................................... 2
3.6. BUilding or Buildings. .......................... ................... ......................... .......... ....2
3.7. Bylaws. .......... ............. ............. ................ ........ ......... ..... .............................. 2
3.8. Common Area. ........................ ................. ........ ................................ ............2
3.9. Condominium. .... ................. ............ ..... .... .................................. ........ ..... .....3
3.10. Condominium Act. ............... ............ .......................... ........ ............. .... ...... ....3
3.11. Condominium Documents. ... ............ ....... ........ ....... ............. .... ....... ............ ...3
3.12. Grantor.. ....... ......... .... .... .................. ..................... .... ..... ..,............................3
3.13. Limited Assessment. .................... ......... ............ .................................. ..........3
3.14. Limited Common Area. ............. ............ ....... ...... ................ ......... .... .......... ....3
3.15. Management Agreement.......... ........ ..... .................... ...................... .............. 3
3.16. Management Company... ........ ......... ................ ......... .'....... ...................... ......4
3.17. Member......... .... ............ ..................... ..... ........ ....................... ........... ..... .....4
3.18. Mortgage..................................................................................................... 4
3.19. Mortgagee............. .......................... ...................... .......................... ............4
3.20. Owner... .................................. .......... .......... ............................. ......... ..........4
3.21. Parking Garage. ................................. ..... ..... .... ................. ...... ........... ..........4
3.22. Patio Space. ................................................................................................ 4
3.23. Plat............................................................................................................. 4
3.24. Project........... ............ ............................ ......... ................................... ...... ....5
3.25. Regular Assessment. ............... ........ ................. ....................................... .....5
3.26. Special Assessment................ .............. ........ .................................... ............5
3.27. Unit....... . ....... ........... . . .. . .... .. . . . .. . . . . . . . .. . . .... .. . ........ . . . ... .. . . . . ....,' . . . . . . . . . . . . . . .... ..... . 5
SECTION 4 - NATURE AND INCIDENTS OF CONDOMINIUM OWNERSHiP....................... 5
4.1. Estates of an Owner of a Condominium.......................................................... 5
4.2. Title. ............................................................................................................ 6
4.3. Inseparability. . ......... ......... ...... ............ ..... ..... .......... ......... ........................ .....6
4.4. Partition of Common Area Not Permitted. .......................................................6
TABLE OF CONTENTS - i
4.5. Taxes and Assessments. ......... ....................................... ... ...........................6
4.6. Owner's Rig hts with Respect to Interiors......................................................... 6
SECTION 5 - EASEMENTS. .... ........ ......... ..... ...... ............................... ........... ............. ......7
5.1. Easements for Encroachments. .....................................................................7
5.2. Easements of Access for Repair, Maintenance and Emergencies. .................... 7
5.3. Owner's Right to Ingress, Egress and Support. ............................................... 7
5.4. Association's Right to Use of Common Area. ..................................................7
5.5. Declarant's Right Incident to Construction....................................................... 8
5.6. Easements Deemed Created..... ....... ............. .... ...... ....... ................. ........ ......8
5.7. Emergency Easement. .................................................................................. 8
5.8. Recorded Easements... ........................... ............. ....... .............. ....................8
SECTION 6 - DESCRIPTION OF A CONDOMINIUM ..........................................................8
SECTION 7 - USE OF CONDOMINIUMS ........................................................................... 9
7.1. Obstructions of Common Area. ............................................... ....................... 9
7.2. Maintenance. ............................................................................................... 9
7.3. Prohibition of Damage and Certain Activities. ..................................................9
7.4. No Hazardous Activities. ......... ......... ............. .......... ........ ............. ....... ........ 10
7.5. Vehicles and Equipment........... ........ ............................... ........ .................... 10
7.6. Animals/Pets. ............................................................................................. 11
7.7. No Temporary Structures. ....... .................. .... .................. ............................ 12
7.8. Energy Devices. ......................................................................................... 12
7.9. Over the Air Reception Devices. ..................................................................12
7.10. Signs......................................................................................................... 12
7.11. Rules and Regulations. ............................................................................... 12
7.12. Limited Common Areas. ... ........................................................................... 12
7.13. Window Treatments............. ..... ............. ............ ......................... ................ 13
7.14. Structural Alterations................................................................................... 13
7.15. Sewer System Restrictions. .........................................................................13
7.16. Parking Garages. ......................................... ........ ....................... ............... 13
7.17. Deed Restrictions. .... ................ ....... .......... .... ............ ................................. 13
7.18. Rightto Enjoy and Use Units. ......................................................................13
SECTION 8 - [INSERT NAME] OWNERS ASSOCIATION .................................................14
8.1. Creation..................................................................................................... 14
8.2. Voting Rights in the Association. ..................................................................14
8.3. Transfer. .................................................................................................... 15
8.4. Powers and Duties of the Association........................................................... 15
8.5. Maintenance of Records and Right of Inspection. .......................................... 18
8.6. Amplification........... ................ .............. ......................... ............................ 19
8.7. Use of Association Powers. ......................................................................... 19
SECTION 9 - ASSESSMENTS ..................... ............... .................................................... 19
9.1. Covenant to Pay Assessments. ...................................................................19
9.2. Initial Assessments. .......... ................. ...... ................... .................. .............. 19
TABLE OF CONTENTS ~ ii
9.3. Rate of Assessment.. ........ .................... .................. .............. ....... ............... 19
9.4. Assessment Constitutes Lien....................................................................... 19
9.5. Assessment is Personal Obligation. .............................................................19
9.6. Regular Assessments. ..................... ....................... .............. ...... ................20
9.7. Special Assessments. .. ........................................... ........ ..... ................. ...... 20
9.8. Limited Assessments. ............................................. ............. ........ ...............21
9.9. Notice and Assessment Due Date.....................................:.......................... 21
9.10. Estoppel Certificate..................................................................................... 21
9.11. No Reserves Provided by Grantor. ............. ............. ............... ..... ........... ...... 22
9.12. Grantor's Assessment Obligations. ..............................................................22
SECTION 10 - ENFORCEMENT OF ASSESSMENTS; LIENS ...........................................22
10.1. Right to Enforce. ..... .................. .................................................. ..... ..... ..... 22
10.2. Assessment Liens. .. ............ ...... .................................... .................... ..... .... 22
10.3. Method of Foreclosure. ........ ...... .................................... .................... ..... .... 23
10.4. Required Notice.. ....... .......... ........ ...................... ............. .................... ........23
10.5. No Subordination...... ... ........ ........ ..................... ............. ..................... ........ 23
10.6. Rights of Mortgagees. ..............:.... .................... .............. ..................... .......23
SECTION 11 - RIGHTS TO COMMON AREAS ................................................................24
11.1. Use of Common Area. .....................................................................,...........24
11.2. Delegation of Right to Use...........................................................................25
11.3. Damages... .... .... .............. ........... ............ ....... ........... .............. ...................25
SECTION 12 - MECHANIC'S LIEN RIGHTS..................................................................... 25
SECTION 13 - INSURANCE.... ............................................. ...................... ..... ......... ...... 25
13.1. Types of Insurance. .................................................................................... 25
13.2. Insurance Proceeds. ................................ ....... ........................ ........ ....... .....27
13.3. Owner's Own Insurance. .............. .... .............. ....... .................. ..... ........... ....27
SECTION 14 - CASUALTY, DAMAGE OR DESTRUCTION...............................................28
14.1. Affects Title................................................................................................ 28
14.2. Association As Agent. ............................ ................ ....... ................... .... .......28
14.3. General Authority of Association. .. .......... ...................... ... ...................... ... ... 28
14.4. Estimate of Costs. ....................... ......... ..... .................... .......... ....... ............28
14.5. Repair or Reconstruction. .............. ........ .................................. ............... .....28
14.6. Funds for Reconstruction. ......................... ......... ........ .............. ....... ............ 29
14.7. Disbursement of Funds for Repair or Reconstruction. ....................................29
SECTION 15 - CONDEMNATION ........... ..... .............................................. ............ ..... ....29
15.1. Consequences of Condemnation. ......... ............. ......... ........................ ...... ... 29
15.2. Proceeds. .................................... ....... ...... ........................................ ......... 29
1-5.3. Complete Taking. ................... .................. ................. ........... ....... ...............29
15.4. Partial Taking. ........ ......................... ...... .... ........ ................................ ..... ....30
15.5. Reorganization........................................................................................... 30
15.6. Reconstruction and Repair. ...... .............. ............ ........ ........................ ......... 30
TABLE OF CONTENTS - iii
SECTION 16 - MiSCELLANEOUS..... ,... ....... .... ............... .......... ............ ............... ...........30
16.1. Amendment............................................................................................... 30
16.2. Mortgage Protection. ....... ....... ......... ... ...... ............ ............. .........................31
16.3. Enforcement and Non-Waiver... .... ................ ..... ................. ...... .......... .........32
16.4. Registration of Mailing Address. ...................................................................32
16.5. Interpretation. . . . . . . ... . .. . . . .. . . ..... . . . . .. ...... .. . ... .. . . ... ... ... . . .. . . .. .... . . ...... .. ...... . ........ . 32
16.6. Owner's Obligations Continue. .......... ......... ........ ..........................................33
16.7. Exhibits..... ...................... ............................ ... ... .... ...... ...... .........................33
16.8. Acknowledgement and Waivers. ..................................................................33
16.9. Transfer of Declarant's Powers. ...................................................................33
Exhibits
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Legal Description
Plat of Mayflower Place Properties llC Condominiums
Proportional Interest in Common Area and Voting Allocations
Parking Garage locations and Sizes
Articles of Incorporation of Mayflower Place Properties Condominium Owners
Association, Inc.
TABLE OF CONTENTS ~ iv
CONDOMINIUM DECLARATION
FOR THE
MAYFLOWER PLACE PROPERTIES LLC CONDOMINIUMS
THIS CONDOMINIUM DECLARATION FOR THE MAYFLOWER PLACE PROPERTIES
LLC CONDOMINIUMS ("Declaration") is made this _ day of , 2007, by
Mayflower Place Properties LLC, an Idaho limited liability company (the "Grantor" or
"Declarant"). All capitalized terms not otherwise defined in the text of this Declaration are
defined in Section 3.
SECTION 1 - RECITALS
1.1. Property Covered.
Grantor is the owner of certain real property located in the city of Meridian, Ada County,
Idaho (the "Property"), which is that certain real property legally described on Exhibit A,
attached hereto and incorporated herein, and shown on the Plat of Mayflower Place Properties
LLC Condor;niniums recorded in Book of Plats at
, Instrument No. in the official records of Ada County, Idaho (the
"Plan, a copy of which is attached hereto as Exhibit B, and incorporated herein by this
reference. The Property, together with the all improvements and structures now or hereafter
placed on the Property shall hereinafter be referred to as the "Project."
1.2. Residential Property.
Grantor intends to develop the Property as a residential condominium development in
accordance with the Plat, this Declaration, and the existing development approvals obtained
from the City of Meridian.
1.3. Purpose.
The purpose of this Declaration is to provide for condominium ownership of the Project
pursuant to the Condominium Act, designate Common Area and Limited Common Area, create
Mayflower Place Properties Condominium Owners Association, Inc., and set forth the terms,
restrictions, covenants, limitations, easements, conditions and equitable servitudes that shall
apply to the Project and this condominium ownership regime (collectively "Restrictions") that are
unique to the Property and the condominium ownership regime.
SECTION 2 - DECLARATION
Grantor hereby declares that the Property and every parcel or portion thereof shall be
held, sold, conveyed, encumbered, hypothecated, used, occupied and improved subject to the
provisions of this Declaration, each and all of which are hereby declared to be in furtherance of
a general plan for the creation, maintenance and sale of an ownership in fee simple of separate
interests in Units and for co-ownership with others, as tenants-in-common, of the Common
Area, all pursuant to the Condominium Act. All provisions hereof shall be deemed covenants
running with the land or as equitable servitudes, and shall constitute benefits and burdens to
CONDOMINIUM DECLARATION FOR THE MAYFLOWER PLACE PROPERTIES LLC CONDOMlNIUMS-1
C:\Documents and Settings\ddodson\LOCal Settings\Temporary Internet Files\OLK3E\Condominium Declaration GP01.DOC
the Owners and all persons hereafter acquiring or owning any interest in the Project, however
such interests may be obtained. Each Owner of a Condominium, including Grantor, is subject
to all of the rights and duties contained within the Condominium Documents.
SECTION 3 - ADDITIONAL DEFINITIONS
3.1. Articles.
Articles mean the Articles of Incorporation of Mayflower Place Properties Condominium
Owners Association, Inc., as the same may be amended from time to time. A copy of the
Articles is attached hereto and incorporated herein as Exhibit E.
3.2. Assessment.
Assessment means a share of the funds required for the payment of common
expenses, including those expenses attributable to less than all Owners in the case of Limited
Assessments, which, from time to time, are assessed against the Owners, and shall include
Regular, Special and Limited Assessments, as more particularly described in Section 9 hereof.
3.3. Association.
Association means Mayflower Place Properties Condominium Owners Association, Inc.,
an Idaho nonprofit corporation, its successors and assigns.
3.4. Association Rules.
Association Rules means the rules and regulations that may be adopted, amended, or
repealed from time to time by the Board, as more particularly described in Section 8.4.1.5 of
this Declaration.
3.5. Board.
Board means the duly elected board of directors of the Association.
3.6. Buildinq or Buildinqs.
Building or Buildings mean the buildings to be constructed on the Property as shown on
the Plat.
3.7. Bvlaws.
Bylaws mean the bylaws of the Association as they exist from time to time.
3.8. Common Area.
Common Area means the entire Project, except the Units.
CONDOMINIUM DECLARATION FOR THE MAYFLOWER PLACE PROPERTIES LLC CONDOMINIUMS ~'2
C:\Documents and Settings\ddodson\Local Settings\Temporary Internet Files\OLK3E\Condominium Declaration GP01.DOC
3.9. Condominium.
Condominium means a separate interest in a Unit together with an undivided interest in
common in the Common Area, expressed as percentages of the entire ownership interest in the
Common Area and attached hereto and incorporated herein as Exhibit C.
3.10. Condominium Act.
Condominium Act means the "Condominium Property Act" of the State of Idaho, Idaho
Code Section 55-1501 et seq.
3.11. Condominium Documents.
Condominium Documents means this Declaration, the Articles, the Bylaws, the Plat,
Association Rules, 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.
3.12. Grantor.
Grantor means [INSERT NAME OF DEVELOPER], or any person or entity to whom the
rights under this Declaration are expressly transferred by the Grantor.
3.13. Limited Assessment.
Limited Assessment means an assessment levied against an Owner by the Association
for costs and expenses incurred by the Association for the construction, installation,
maintenance, repair and replacement of Common Area, and equipment and facilities located
thereon, including any corrective action necessitated due to damage by the acts of any Owner
or occupant of a Unit who is occupying a Unit with the consent, either express or implied, of
such Owner, as more particularly described in Section 9.8 herein.
3.14. Limited Common Area.
Limited Common Area means those portions of the Common Area designated for the
exclusive use of an Owner or Owners to the exclusion, limitation or restriction of other Owners.
Limited Common Area may be established from time to time by Grantor or the Association on
any portion of the Property by describing such area on a recorded plat, by granting or reserving
it in a deed or other instrument, or by designating it as such in this Declaration. Limited
Common Area shall include, without limitation, [entries and sidewalks associated with a Unit
and Patio Spaces]. For purposes of applying this Declaration to the Property, the term
Common Area as used in this Declaration shall include Limited Common Area.
[Drafting Note: Determining Common Area will be easier once we have the draft plat.]
3.15. Management Agreement .
Management Agreement means any agreement or amendments thereto entered into by
the Association, which provides for the management, maintenance and operation of the Project,
including, without limitation, the Common Area, by a management individual or entity.
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3.16. Manaaement Company
Management Company means the person or entity hired by the Association to manage
the Project, as defined in the Management Agreement, and acting as the Management Body,
as such power is delegated pursuant to Section 8.4.1.4.
3.17. Member.
Member means each person or entity holding a membership in the Association.
3.18. Mortaaae.
Mortgage means any mortgage, deed of trust or other security instrument by which a
Condominium or any part thereof is encumbered.
3.19. Mortaaaee.
Mortgagee means any person or any successor to the interest of such person named as
the mortgagee, trust beneficiary, or creditor under any Mortgage under which the interest of any
Owner, or successor to the interest of such Owner, is encumbered.
3.20. Owner.
Owner means any person or entity, including Declarant, at any time owning a
Condominium. The term "Owner" shall not refer to any Mortgagee, as herein defined, unless
such Mortgagee has acquired title pursuant to foreclosure or any proceeding in lieu of
foreclosure.
3.21. Parkina Garaae.
Parking Garage means that enclosed space, with doors, which are a part of the Units for
storage anq parking of an Owner's personal automobiles or motorcycles. The Parking Garage
shall be included in the definition of Unit as set forth below.
3.22. Patio Space.
Patio Space means that outdoor space attached to the Units, as shown on the Plat.
Patio Space, including, without limitation, any railing or fences surrounding the Patio Space,
shall be Limited Common Area.
[Drafting Note: Confirm that each Unit will have an adjoining patio.]
3.23. Plat.
Plat means the Plat of Mayflower Place Properties LLC Condominiums recorded
, in Book of Plats at Page , Instrument No.
, official records of Ada County, Idaho, which is the condominium map as required by
the Condominium Act, a copy of which is attached hereto as Exhibit B.
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3.24. Proiect.
Project means that certain residential condominium development, as shown on the Plat,
commonly known as "Mayflower Place Properties LLC Condominiums" which shall include, but
shall not be limited to residential and parking uses, in accordance with the Plat, the Declaration
and the existing development approvals obtained from the City of Meridian, all of which is
located on the Property.
3.25. ReQular Assessment.
Regular Assessment means an assessment by the Association to provide for the
payment of all estimated expenses or reserves growing out of or connected with the Project as
a whole, as more particularly described in Section 9.6 herein.
3.26. Special Assessment.
Special Assessment means an assessment by the Association for the purpose of
defraying, in whole or in part, the costs of any new acquisitions and/or new capital
improvement, construction or reconstruction or unexpected or extraordinary repair,
maintenance or replacement of the Project or any part thereof, including, without limitation,
snow and ice removal, or for any expense incurred or to be incurred as provided in this
Declaration, or in the event that the Assessment assessed for any particular year is or will
become inadequate to meet the expenses of the Association, such assessment being
authorized pursuant to the terms and conditions provided herein, as more particularly described
in Section 9.7 herein.
3.27. Unit.
Unit means the separate interest in a Condominium as depicted on the Plat and which is
bounded by the interior surfaces of the perimeter walls, floors, ceilings, windows, skylights, if
any, the Parking Garage and others doors thereof, together with all fixtures and improvements
therein contained, including, without limitation, all pipes, wires, conduits and other utility lines
and heating, ventilation and air conditioning systems serving the particular Unit and including
both the portions of the Building so described and the airspace so encompassed. The following
are not part of the Unit: bearing walls, columns, floors, roofs (except for the interior surface
thereof, if a perimeter wall, floor or ceiling), foundations, elevator equipment and shafts, central
heating serving more than one Unit, reservoirs, tanks, pumps, and other central services, pipes,
ducts, flues, chutes, conduits, wires and other utility installations (other than those specified
above), wherever located, except the outlets thereof when located within the Unit. The interior
surfaces of a perimeter window, skylight or door means the points at which such surfaces are
located when such window, skylight or door is closed. The physical windows, skylights or doors
themselves are part of the Limited Common Area as defined herein.
SECTION 4 ~ NATURE AND INCIDENTS OF CONDOMINIUM OWNERSHIP
4.1. Estates of an Owner of a Condominium.
The Property is hereby divided into Condominiums, each consisting of a separate
interest in a Unit and an undivided interest in common in the Common Area. The percentage of .
ownership interest in the Common Area which is to be allocated to each Condominium as a
whole for purposes of Assessments, tax assessment under Section 55-1514 of the
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Condominium Act and liability as provided by Section 55-1515 of the Condominium Act, is set
forth on the attached Exhibit C.
4.2. 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 of Idaho.
4.3. Inseparabilitv.
No part of a Condominium or of the legal rights comprising ownership of a
Condominium, including any Limited Common Area associated with the 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 appurtenant to such
Unit shall always be conveyed, devised, encumbered, transferred and otherwise affected only
as a complete Condominium. Every gift, devise, bequest, transfer, encumbrance, conveyance,
or other disposition of a Condominium or any part thereof shall be presumed to be a gift,
devise, bequest, transfer, encumbrance or conveyance, respectively, of the entire
Condominium together with all appurtenant rights, created by law or this Declaration.
4.4. Partition of Common Area Not Permitted.
The Common Area shall be owned in common by all of the Owners of Units, and no
Owner may bring any action for partition thereof.
4.5. Taxes and Assessments.
Each Owner shall execute such instrument 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 reasonable opinion of the Association, nevertheless, be a lien on the Property or any part
thereof, the Association shall pay the same and assess the same to the responsible Owner or
Owners. Each Owner shall pay the taxes and assessments assessed against such Owner's
Condominium, or interest therein, and such Owner's interest in the Common Area, or any part
of any or all of the foregoing. The Association reserves the right to protest any tax valuation or
assessment by any government agency and to pay for any costs associated with such protests.
Each Owner agrees to reimburse the Association for any costs associated with such protests as
related to that Owner's Unit.
4.6. Owner's Riqhts with Respect to Interiors.
Each Owner shall have the exclusive right to maintain, finish, refinish and decorate the
interior surfaces of the walls, ceilings, floors, windows and doors forming and within the interior
boundaries of his Unit, including but not limited to the installation of carpet or other floor
coverings and paint or wallpaper, subject to the reasonable rules and regulations adopted by
the Association and, with respect to window treatments, Section 7.14 of this Declaration, 8S
amended or repealed from time to time, and provided that no action described herein shall
require access through another Unit to be completed.
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SECTION 5 - EASEMENTS
5.1. Easements for Encroachments.
If any part of the Common Area encroaches or shall hereafter 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 of a Unit encroaches or shall hereafter encroach upon the 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 a
Building, or by changes in position caused by repair or reconstruction of a Building or any part
thereof.
5.2. Easements of Access for Repair, Maintenance and Emerqencies.
The Owners shall have the irrevocable right, to be exercised by the Association, as their
agent, to have access to each Unit and to all Common Area from time to time during such
reasonable hours as may be. necessary for the maintenance, repair or replacement of any of
the 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 or to
correct a violation of any restriction set forth in this Declaration when, after reasonable efforts
by the Association, the Owner fails to do so. The Association shall also have such right
independent of any agency relationship. Damage to the interior of any part of a Unit or Units
resulting from the maintenance, repair, emergency repair 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 of Owners shall be an expense of all of the Owners; provided, however, that if such damage
is the result of the negligence of an Owner or such Owner's invitees, licensees or lessees of a
Unit, then such Owner shall be financially responsible for all of such damage. Such damage
shall be repaired and the Unit shall be restored substantially to the same condition as existed
prior to damage. Amounts owing by Owners pursuant hereto shall be collected by the
Association as an Assessment pursuant to Section 9 herein.
5.3. Owner's Riqht to Inaress, Eqress and Support.
Each Owner shall have the right to ingress and egress over, upon and across the
Common Area necessary for access to the Owner's Condominium, and shall have the right to
the horizontal and lateral support of such 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 reasonable efforts to avoid interference
with the access to other Condominiums.
5.4. Association's Riaht to Use of Common 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 functions which it is
obligated or permitted to perform pursuant to this Declaration, including the right to wa~t
access easements, utility easements, alter the Common Areas, and construct and maIntaIn
maintenance and storage facilities in the Common Area for use by the Association.
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5.5. Declarant's Right Incident to Construction.
Declarant and persons it shall select shall have the express and unconditional right to
ingress and egress over, upon and across the Project, including 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 Buildings and Units shown on the
Plat and the completion of all Units for use and occupancy; provided, however, neither
Declarant nor any Owner shall construct any additional separate principal buildings on the
Property without the express written consent of the City of Meridian.
5.6. Easements Deemed Created.
All conveyances of Condominiums hereafter made, whether by the Declarant or
otherwise, shall be construed to grant and reserve such reciprocal easements as shall give
effect to Sections 5.1, 5.2, 5.3, 5.4, and 5.5 above, even though no specific reference to such
easements or to those Sections appear in any such conveyance.
5.7. Emergencv Easement.
A general easement is hereby granted to all police, sheriff, fire protection, ambulance,
and all other similar emergency agencies or persons to enter upon all streets and property
within the Project in the proper performance of their duties. The easement granted herein is
recognized to be a condition of platting the Property imposed by the City of Meridian. Such
easement shall not be dissolved or altered in any material way which would prevent its
beneficial use for its intended purpose without the written consent of the City of Meridian.
Owner expressly acknowledges that the Association and the Meridian Fire Department
shall each have one master key capable of accessing all doors, whether or not such door is
connected to any common security system. The Owners expressly agree to notify the
Association prior to re-keying any lock in the Buildings and agree to use a locksmith approved
by the Board.
5.8. Recorded Easements.
The Property, and all portions thereof, shall be subject to all easements shown on any
recorded Plat affecting the Property, or any portion thereof, and to any other easements of
record or of use, including, without limitation, any storm drainage easements, street light
easements, sanitary sewer easements, sidewalks, or any other public utility easement shown
on the Plat.
SECTION 6 R DESCRIPTION OF A CONDOMINIUM
Every contract for the sale of a Condominium and every other instrument affecting title
to such Condominium shall describe that Condominium by the Unit number shown on the Plat
as set forth on Exhibit B, with appropriate reference to the Plat and to this Declaration as such
appear in the official records of Ada County, Idaho, in the following manner:
Condominium Unit _' as shown on the Plat of the Mayflower Place Properties LLC
Condominiums filed ,2005 in Book of Plats at Page , as Instrument
No. _' official records of Ada County, Idaho, as said plat may be amended or supplemented
from time to time, and as defined in the Condominium Declaration for the Mayflower Place
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Properties lLC Condominiums, recorded as Instrument No. , official records of
Ada County, Idaho, as said declaration may be amended or supplemented from time to time.
Any Condominium deed may include a designation of Limited Common Area associated
with the Unit. Such description shall be construed to describe the Unit, together with an
appurtenant undivided ownership interest as tenants-in-common in the Common Area, and to
incorporate all the rights incident to ownership of a Condominium 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.
SECTION 7 - USE OF CONDOMINIUMS
7.1. Obstructions of Common Area.
There shall be no obstruction of the Common Area, nor shall anything be stored on any
part of the Common Area without the prior written consent of the Association or otherwise
provided herein. Nothing shall be altered on, planted in, constructed on, or removed from the
Common Area except upon the prior written consent of the Association.
7.2. Maintenance of Interiors and Limited Common Area.
Each Owner shall keep the interior of such Owner's Unit, including, without limitation,
interior walls, windows, glass, ceilings, floors and permanent fixtures and appurtenances
thereto, in a clean, sanitary, and attractive condition, and good state of repair and shall keep
the heating and air conditioning equipment, water heater and related devices exclusively
serving the Owner's Unit in a good state of maintenance. Further, each Owner agrees that
such Owner's Unit will be used exclusively for single-family residential purposes and home
office use solely by persons residing in that Unit. Each Owner shall keep the Limited Common
Area, designated for the exclusive use of such Owner in connection with the Unit in a clean,
sanitary and attractive condition. Each Owner shall notify the Association of any unsafe
condition existing in, on or around the Limited Common Area. In addition, nothing unsightly, in
the reasonable discretion of the Board, shall be kept on the Patio/Deck Space. Each Owner
shall notify the Association of any unsafe condition existing in, on or around the Limited
Common Area, as identified on the Plat.
7.3. Prohibition of Damage and Certain Activities.
Nothing shall be done or kept in any Unit or in the Common Area or any part thereof
which would result in the cancellation of or increase in the rate of the insurance on the Project
or any 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, permit or other validly imposed requirement of any governmental body. No damage
to, or waste of, the Common Area or any part thereof shall be committed by any Owner,
licensee, guest, or other occupant, or any invitee of any Owner, and each Owner shall
indemnify and hold the Association and the other Owners harmless against all loss resulting
from any such damage or waste caused by Owner, Owner's invitees, licensees, or guests,
provided, however, that any invitee, licensee or 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 Owner or to any person at any time lawfully reSiding or working in a Unit. Without limiting
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the generality of any of the foregoing, no whistles, bells or other sound devices (other than
security devices which have been approved by the Board), flashing lights or search lights, shall
be located, used or placed on the Common Area or in a Unit, if such placement of such item in
a Unit will unreasonably bother or constitute a nuisance to others. No unsightly articles shall be
permitted to remain on any portion of the Property so as to be visible from any other portion of
the Project, including, but not limited to, flags and political signs. Without limiting the generality
of the foregoing, refuse, garbage, trash, equipment, gas canisters, propane gas tanks,
barbecue equipment, heat pumps, compressors, containers, lumber, firewood, grass, shrub or
tree clippings, plant waste, metals, bulk material, and scrap shall be kept at all times in such
containers (or otherwise screened) and in areas approved by the Board. No clothing or fabric
shall be hung, dried or aired in a manner inconsistent with the Association Rules.
7.3.1. Owners agrees that they will not use or suffer or permit any person or
persons to use the Units or any part thereof for any use or purpose in violation of the laws of
the United States of America, the State of Idaho, Ada County, Idaho or the city of Meridian,
Idaho, or the ordinances, regulations and requirements of such governmental (public or quasi-
pUblic entities) or other lawful authorities.
7.3.2. Owners shall not do or permit anything to be done in or about the
Buildings nor bring or keep anything therein which will in any way increase the existing rate or
affect any fire or other insurance upon the Buildings or any of their contents (unless the
Association has consented in writing to such use and such Owner pays any increased premium
as a result of such use or acts), or cause a cancellation of any insurance policy covering the
Buildings or Condominiums, or any of its contents, nor shall Owners sell or permit to be kept,
used or sold in or about said Buildings any articles which may be prohibited by an extended
coverage policy of fire and other casualty insurance.
7.3.3. Owner shall not do or permit anything to be done in or about the Unit
or Common Area which will in any way obstruct or interfere with the rights of other Owners or
occupants in the Buildings, create undue noise and disruption, or injure or annoy them or use or
allow the Unit to be used for unlawful or any objectionable purpose, nor shall Owner cause,
maintain or permit any nuisance in, or about the Buildings.
7.3.4. Owners shall not be entitled to rent and/or lease their Units without
the prior written approval of the Association. All lease or rental agreements must be in writing
and a copy of such shall be delivered to the Association for inclusion in its books and records.
7.4. No Hazardous Activities.
No activities shall be conducted on the Property, which are or might be unsafe or
hazardous to any person or property, inclUding any open fires (except in a contained barbecue
unit or city approved gas fire place or fire pit) and/or the discharge of firearms.
7.5. Vehicles and Equipment.
The use of all vehicles and equipment, including, without limitation, trucks, automobiles,
bicycles, motorcycles, recreational vehicles, all-terrain vehicles, motor homes, motor coaches,
campers, trailers, snowmobiles, aircraft, boats, snow removal equipment, garden maintenance
equipment, and yard maintenance equipment shall be subject to any portion of the
Condominium Documents which prohibit or limit the use thereof within the Property. Without
limiting the foregoing, the fOllowing specific restrictions apply: 1) all on-street parking shall be
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limited to those specific areas where on-street parking is not expressly prohibited; 2) vehicles
shall not extend or othelWise be permitted on or into any sidewalk, bicycle path, or pedestrian
path, unless such vehicle is engaged in an emergency procedure, or as provided elsewhere in
the Condominium Documents; 3) no motor homes, motor coaches, campers, trailers,
snowmobiles, aircraft, boats, recreational vehicles, all-terrain vehicles, flat bed trucks or trailers,
unlicensed, dilapidated or unrepaired and unsightly vehicles or similar equipment such as snow
removal equipment, construction equipment (except for short-term construction purposes),
garden or lawn care maintenance equipment and all other unsightly equipment and machinery
shall be placed upon any portion of the Property including, without limitation, streets, interior.or
exterior parking areas and driveways, unless the same are enclosed by a structure concealing
them from view in a manner approved by the Board (provided, however, that mobile homes,
motor homes, motor coaches and trailers may be parked for a limited period in accordance with
such rules and regulations as the Association may impose, provided (a) the vehicle is owned by
a visiting guest or relative of an Owner, (b) the Owner obtains the prior written approval of the
Association and (c) such vehicle is not occupied during the time in which it is parked); and 4) all
vehicles shall be stored in the enclosed parking garage attached to each Unit and shall not be
stored for any extended period in the driveway access to each Unit. Notwithstanding the
foregoing, nothing herein shall be intended to limit the right of the Owners or their guest(s) to
temporarily park any passenger vehicle in such driveway access to each Unit in the ordinary
course.
7.6. Animals/Pets.
No more than two (2) domesticated dogs, domesticated cats or other household pets
exceeding thirty (30) pounds may be permitted to be raised, bred or kept in or about any Unit or
Common Area, unless expressly authorized by the Board. No Owner shall permit any pet to be
a nuisance, which includes but is not limited to excessive barking, biting or growling, and an
Owner shall immediately remove such Owner's pet's excrement from public or private property
including the Common Area. This size restriction shall not apply to any assistance animals,
including, but not limited to, guide animals. Each Owner owning an approved pet agrees to
execute a pet agreement, as developed and amended by the Association, which shall include a
limitation on the number of animals one Owner may have residing in that Owner's Unit. The
Association expressly reserves the right to require any Owner to immediately remove any
animal exhibiting signs of aggressive behavior, including, without limitation, biting, growling, and
lunging toward any other Owner, guest, invitee or licensee of an Owner.
Notwithstanding the foregoing, this Section is not intended to prohibit the keeping of
domesticated dogs, domesticated cats, and other household pets which do not unreasonably
bother or constitute a nuisance to others as determined by the Board, in its reasonable
judgment, and are kept in compliance with the laws and ordinances of the City of Meridian.
Without limiting the generality of the foregoing, consistent and/or chronic barking by dogs shall
be considered a nuisance. Additionally, without limiting the generality of the foregoing,
domesticated dogs, domesticated cats and other household pets discovered in the Limited
Common Area of an Owner, without that Owner's permission or direct supervision by the
Owner, shall be considered a nuisance. Each dog in the Project shall be subject to all "leash
laws" of the City of Meridian when such animal is off the premises of its owner.
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7.7. No Temporary Structures.
No house trailer, tent (other than for short term recreational use), or other temporary
building or structure shall be placed upon any portion of the Property, except by the Declarant
during any construction on the Project.
7.8. Eneroy Devices.
No energy production devices, including, without limitation, generators of any kind and
solar energy devices, shall be constructed or maintained on or in any portion of the Common
Area without the written approval of the Board. In the event that the addition or use of such a
device is approved by the Board, it must be screened in the manner approved by the Board.
7.9. Over the Air Reception Devices.
All Owners who desire to use any device or antenna to receive over the air
transmissions shall be required to use on~ common antenna which shall be located on each
BUilding in which such Owner's Unit is located in the discretion of the Grantor and shall be
subject to any other reasonable restrictions established by the Board. Notwithstanding the
foregoing, no portion of this restriction shall apply to the extent it conflict with any federal or
state law governing such devices.
Notwithstanding the foregoing, subject to the approval of the Board and in accordance
with all rules of the Association, Owners shall be permitted to install small satellite dishes on the
roof of the Building in which the Owner's Unit is located for cable services using the electrical
conduit system located in the core of the Building, if and only if, the service provided by the
common antennae or other television services is not adequate to meet the Owner's needs.
7.10. Sions.
No signs of any kind, including, without limitation, "for sale" and "open house" signs or
political or commercial signs, shall be displayed on or from any portion of the Property except
as required by law or otherwise approved by the Board.
7.11. Rules and Reaulations.
No Owner, lessee, occupant or invitee shall violate the Association Rules as defined in
Section 8.4.1.5.
7.12. Limited Common Areas.
Each Owner of a Unit is hereby granted the exclusive use of the Limited Common Area
contiguous to and associated with said Unit. No Owner shall, or shall permit anyone else to,
paint, stain, repair, replace, add to or otherwise alter any Limited Common Area without the
written consent of the Board. Additionally. nothing shall be stored in or placed on any Limited
Common Area except upon the written consent of the Board. Further, except for the Units
shown on the Plat, no Owner shall construct a building in the Project for residential purposes or
otherwise without the prior written approval of the City of Meridian and the Association.
The use of any and all Patio Spaces attached to a Unit shall be governed by those
standards and rules that may be adopted and approved by the Board. All maintenance and
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repair in the Limited Common Area shall be conducted by the Owner of the Unit appurtenant to
such Limited Common Area; provided, however, in the event such Owner fails to maintain or
repair such Limited Common Area, the Association shall repair and/or maintain such Limited
Common Area at the sole cost and expense of the Owner. The Owner shall be responsible for
all costs associated with such maintenance and repair, including a reasonable supervisory fee.
7.13. Window Treatments.
All window treatments which are visible from the exterior of the Unit shall not cause the
exterior of any Building to be unsightly, which shall be determined in the sole discretion of the
Board. All windows treatments shall be in compliance with and subject to Association Rules, as
amended from time to time.
7.14. Structural Alterations.
No Owner shall make any alterations to any Unit that would cause structural weakness
or damage, and no architectural changes, plumbing, electrical or similar work within the
Common Area shall be performed without the prior written consent of the Board. All such
approved work shall comply with all applicable law.
7.15. Sewer System Restrictions.
No Owner or other Person shall deposit any glass, metal, seafood shells, diapers,
clothing, rags, plastic, sanitary napkins, tampons, flammable material, oil, gas, grease,
chemicals or other objects or materials other than natural human waste into the sewer system
either directly or through an Owner's kitchen waste disposal unit. The cost of any and all
damage sustained by the sewer system caused by an Owner's deposit in the sewer system of
any of the items listed above shall be the sole responsibility of said Owner.
7.16. ParkinQ GaraQes. No Owner shall be entitled to convert any portion of the
Parking Garage associated with Unit, as such Parking Garages are shown on Exhibit D, to any
space suitable for human inhabitation or use as a home office. Each Owner agrees and
acknowledges that such Parking Garage associated with his or her Unit shall be used solely for
storage for personal goods and the personal automobile(s) of such Owner. Each Owner shall
maintain such Parking Garage in such manner to allow such Owner to park that number of cars
in the Parking Garage as indicated on Exhibit D and at no time shall any Owner park more than
one (1) car in any driveway adjacent to a Unit.
7.17. Deed Restrictions.
No Owner may divide or adjust such Owner's Unit without the prior written approval of
the Association and the City of Meridian.
7.18. Riqht to Eniov and Use Units.
Each Owner shall be entitled to use and enjoy his or her Unit for its intended purpose
and nothing herein is intended to impose or grant the authority to impose any restrictions,
limitations or prohibitions which would deprive an Owner of the reasonable use and enjoyment
of his/her Unit. Notwithstanding the foregoing, no Owner shall be entitled to use his or her Unit
for any uses not allowed under the Meridian Municipal Code or otherwise limited by this
Declaration or any other Condominium Documents.
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SECTION 8 - MAYFLOWER PLACE PROPERTIES
CONDOMINIUM OWNERS ASSOCIATION
8.1. Creation.
This Declaration designates and creates the Association as a non-profit corporation
under the laws of the State of Idaho. The Association shall be organized by the Grantor and
operated by the Association to carry out and enforce the Restrictions set forth in this
Declaration with respect to the Project and to serve as the Management Body for the Project.
8.1.1. Membership. Every Owner shall be entitled and required to be a
member of the Association. Each Unit in the Buildings shall be entitled to one (1) membership,
either a Class A membership or Class B Membership as described herein, in the Association.
No person or entity other than an Owner may be a Member of the Association, and the Articles
and/or Bylaws of the Association shall so state and shall in addition state that the memberships
in the Association may not be transferred except in connection with the transfer of a
Condominium or portion thereof. Provided, however, that the rights of membership may be
assigned to a Mortgagee as further security for a loan secured by a lien on a Condominium or
to any person or organization that has assumed by contract, or otherwise, liability for paying
assessments of any Owner.
Pursuant to the terms and time limits set forth in Section 8.2, there shall be initially two
(2) classes of membership. All Owners, including the Grantor, shall be deemed Class A
members and the Grantor shall be deemed the Class B member, and each shall have those
rights set forth in Section 8.2.
8.2. Votina Riahts in the Association.
Each Owner of a Unit shall be entitled to the number of votes allocated to each Owner's
Unit, as identified on Exhibit C, representing that Owner's percentage ownership interest in the
Common Area and each owner shall be a Class A member. When more than one (1) person
holds such interest in any Condominium, al/ such persons shall be Members, but all such
persons deemed Class A members shall only be entitled to the number of votes established for
such Unit.
Except as otherwise provided herein, all matters submitted to a vote of the Association
shall be determined, made, or approved or authorized upon a majority (51 % or more) vote, Le.
the votes in favor exceed those opposed.
Notwithstanding anything in this Declaration to the contrary, the Grantor, as the
Class B member, for a period of three (3) years following the recordation of the first deed
to a Condominium, shall have the exclusive right, power and authority to appoint and
elect the Board and otherwise manage the affairs of the Project so long as the Grantor
owns a Unit in the Project. The Class B member shall cease to be a voting Member of
the Association at the earlier of (i) three (3) years after the recordation of the first deed to
a Condominium; or (ii) four (4) months after the sale of one hundred percent (100%) of
the total Units. Until such time Grantor is no longer a Class B member, Class A
members shall not be entitled to any voting rights set forth in this Section 8.2.
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8.3. Transfer.
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 assigned to any
other person or entity; provided, however, that no such transfer or assignment shall relieve the
Association of any of the obligations set forth herein and no such transfer or assignment shall
revoke or change any of the rights or obligations of any Owners as set forth herein.
8.4. Powers and Duties of the Association.
8.4.1. 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 only 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" of the Project as provided in the Condominium Act. The
Association, functioning through the Board, shall have the power to do any and all lawful things
which may be authorized, required or permitted to be done by the Association under the
Condominium Documents and necessary or proper for, or incidental to the proper
management, operation and administration of the Project, including, without limitation:
8.4.1.1. Assessments. The power to levy Assessments on the Owners
of Condominiums and to force payment of such Assessments.
8.4.1.2. Riaht of Enforcement. The power and authority from time to
time in its own name, on its own behalf or on behalf of any Owner or Owners who consent
thereto, to commence and maintain actions and suits to restrain 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.
8.4.1.3. Parkina. The power and authority from time to time to re-
assign and relocate any parking areas or identify or restrict anyon-street parking, if necessary
to comply with applicable laws, regulations or ordinances.
8.4.1.4. DeleQation of Powers. The authority to delegate its power and
duties to committees, officers, employees, or to any person, firm or corporation to act as the
Management Body as defined in the Condominium Act, and specifically the authority to
delegate its powers and duties to a management firm pursuant to a Management Agreement;
provided, however, that any delegation of the Association's powers and duties may be revoked
upon thirty (30) days written 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. Any person or entity delegated any
powers authorizing it to act as the Management Company shall be required to carryall
appropriate insurance, including, but not limited to workers' compensation, liability insurance
and bonds, and such Management Company shall ensure that any other person or entity
working on the Project on the Management Company's behalf shall carry the same.
8.4.1.5. Association Rules. The power to adopt, amend and repeal by
majority vote of the Board such rules and regulations as the Board deems reasonable or proper
from time to time (the "Association Rules") including fees and/or fines for violation of the
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Condominium Documents and the Association Rules. The Association shall have the express
authority to make and enforce any rules, regulations, restrictions, protocols and procedures
regarding construction activities, use of the Limited Common Area, vehicles and equipment, the
leasing and renting of the Units, social events, animals and pets, moving hours and any other
events or items related to the Project or the use and enjoyment thereof. The Association shall
govern the use of the Units and 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 otherwise delivered to each Owner. Upon
such mailing or delivery, said Association Rules shall have the same force and effect as if they
were set forth in and were part of this Declaration. In the event of any conflict between any
such Association Rules and 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. The Association Rules may
from time to time supplement and add to the Condominium Documents.
8.4.1.6. Emerqencv Powers. The power to enter upon any Unit as
necessary in connection with any maintenance or construction for which it is responsible, or
when necessitated by violation of this Declaration or Association Rules, or in the event of any
emergency involving illness or potential danger to life or property and may take corrective
action. Such entry shall be made with as little inconvenience to the Owners as practicable and.
any damage caused thereby shall be repaired by the Association, except as otherwise provided
herein. Owners acknowledge that the Meridian Fire Department and the Association shall have
a master key to all locks in the Buildings or on the Project. Owner further agrees to notify the
Board and employ a locksmith approved by the Board before any locks may be changed to
preserve the system.
8.4.1.7. Licenses. Easements and Rights-of-Way. The power to grant
and convey to any third party such licenses, easements and rights-of-way in, on or under 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 Owners, for the purpose of constructing, erecting, operating or maintaining:
8.4.1.7.1. Underground lines, cable, wires, conduits or other
devices for the transmission of electricity for lighting, heating, power, telephone, television,
other utility services and above-ground lighting structures, meters and other facilities associated
with the provision of lighting and services;
8.4.1.7.2. Sewers, storm drains, water drains and pipes, water
systems, sprinkling systems, water, heating and gas lines or pipes; and
8.4.1.7.3. Cross parking easements, sidewalk abutments, drive
lanes, parking areas, curb cuts, landscaping abutting Common Areas, public and private streets
or land conveyed for any public or quasi-public purpose.
8.4.1.8. Miscellaneous Services. The power to obtain and pay for the
services of any person or entity to manage its affairs, or any part thereof, to the extent it deems
advisable, as well as such other personnel as the Association shall determine to be necessary
or desirable for the proper operation of the Project, whether such personnel are furnished or
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employed directly by the Association or by any person or entity with whom or which it contracts.
The Association may arrange with others to furnish electrical, water, sewer, trash collection
services, and other common services to each Condominium (subject to reimbursement by the
respective Owner for such services as an Assessment), and may obtain and pay for legal and
accounting services necessary or desirable in connection with the operation of the Project or
the enforcement of this Declaration.
8.4.1.9. Property for Common Use. The power to acquire and hold for
the use and benefit of all ,of the Owners, or for the benefit of only those Owners within a
particular Condominium, tangible and intangible personal property and real property and may
dispose of the same by sale or otherwise, and the beneficial interest in any such property shall
be deemed to be owned by the Owners in the same proportion as their respective interest in the
Common Area. Such interest shall not be transferable except with the transfer of a
Condominium. Each Owner may use such property in accordance with the purpose for which it
is intended, without hindering or encroaching upon the lawful rights of other Owners.
8.4.1.10. Inspection. The power and authority to enter a Unit for the
purpose of conducting a regular maintenance inspection.
8.4.1.11. Implied Riahts. 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. Such rights shall include, without limitation, the right to acquire water meters for each
Unit.
8.4.1.12. Public Rieht of Ways. The power and authority to maintain all
areas associated with the Project that may in the public right of way and to charge any
assessments, as deemed necessary in the Association's sole discretion, to pay for all costs
associated with this maintenance.
8.4.1.13. Litiaation. The power and authority to file lawsuits or institute
other legal proceedings on behalf of and for the benefit of the Association, as a whole, upon
obtaining the approval of fifty-one percent (51 %) or more of the Members.
8.4.2. Duties of the Association. In addition to the power delegated to it by
the Condominium Documents, the Association or its agents shall have the obligation to conduct
all business affairs of the Association and to perform, without limitation, each of the following
duties:
8.4.2.1. Operation and Maintenance of Common Area. Operate,
maintain and otherwise manage or provide for the operation, maintenance and management of
the Common Area and all improvements thereon, including parking areas, common seepage
beds, storm sewers or related storm drainage facilities and the exteriors of Buildings as
described in Section 8.4.2.5 below and including the repair and replacement of property
damaged or destroyed by casualty loss and all other property acquired by the Association, and
maintaining the same in a good, clean, attractive and sanitary condition, order and repair.
8.4.2.2. Taxes and Assessments. Pay all real and personal property
taxes and assessments separately levied against the Common Area, if any, owned and
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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 property to satisfy the payment of such taxes. In addition, the
Association shall pay all other taxes, federal, state or local, including income or corporate taxes
levied against the Association in the event that the Association is denied the status of a tax
exempt corporation.
8.4.2.3. Water and Other Utilities. Acquire, provide and/or pay for
water, pressurized irrigation system water and maintenance, storm drainage system
maintenance, sewer, garbage, disposal, refuse and rubbish collection and other necessary
services for the Common Area and Units.
8.4.2.4. Insurance. Obtain, from reputable insurance companies
authorized to do business in the State of Idaho and maintain in effect the policies of insurance
described in Section 13 hereof.
8.4.2.5. Inspection and Maintenance Guidelines. The Board shall
adopt inspection and maintenance guidelines for the periodic inspection and maintenance of
the Common Area, including, without limitation, the sewer system and drainage facilities. The
Board periodically, and at least once every two (2) years, shall review and update the inspection
and maintenance guidelines. The Board shall take all appropriate steps to implement and
comply with the inspection and maintenance guidelines, and shall keep records of such
implementation and compliance.
8.4.2.6. Drainaoe Facilities. Operate and maintain all storm drainage
systems and restricted Buildings area. Notwithstanding anything to the contrary, no buildings or
other similar improvements shall be constructed within the storm drainage and restricted
Buildings area that would materially interfere with the Property's drainage system.
8.4.2.7. Operation and Maintenance of Sidewalks and Landscaping.
The Board shall operate, maintain and otherwise manage or provide for the operation,
maintenance and management of the sidewalks, including, without limitation, snow removal,
and landscaping located within the Project or located in the publiC right of way, adjacent to the
Project.
8.5. Maintenance of Records and Right of Inspection.
The Association shall keep and maintain at its principal place of business, current
copies of the Condominium Documents, any rules and regulations applicable to the Property
and its books, records and financial statements. The membership register, books of account
and minutes of meetings of the Board and committees of the Association shall be made
available for inspection and copying by any Owner or by such Owner's duly appointed
representatives, at any reasonable time and for a purpose reasonably related to such' Owner's
interest as an Owner at the office of the Association or at such other place as the Board shall
prescribe. No Owner or any other person shall copy the membership register for th"e purposes
of solicitation of or direct mailing to any Owner.
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8.6. Amplification.
The provisions of this Section are amplified by the Bylaws; provided, however, that no
present or future provision of such Bylaws shall substantially alter or amend any of the rights or
obligations of the Owners set forth herein.
8.7. Use of Association Powers.
Notwithstanding the foregoing, the Association shall not take any action that would
impair an Owner's right to enjoy and use his/her Unit as set forth herein, and, in particular in
Section 7.19.
SECTION 9 - ASSESSMENTS
9.1. Covenant to Pay Assessments.
By acceptance of a deed to any 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 Section 9 and this
Declaration. The due date, manner and method of payment shall be as set forth in this
Declaration or as established by the Board from time to time.
9.2. Initial Assessments.
Owners acquiring their Condominiums from Declarant agree to pay an initial
Assessment and deposit reserves as part of any conveyance through deed or other recorded
instrument of a Condominium or portion of a Condominium, as provided for herein, that shall be
used to purchase personal property for the Building, including, but not limited to seasonal
decorations and furnishings for Common Area and to establish contingency and replacement
reserves.
9.3. Rate of Assessment.
Except as otherwise provided herein, all Owners shall be responsible for Regular
Assessments and Special Assessments levied by the Association in proportion to their
percentage ownership interest in the Common Area, as set forth on Exhibit C. All Owners shall
be responsible for Limited Assessments levied by the Association, as set forth in Section 9.8.
9.4. Assessment Constitutes Lien.
The Assessments and charges together with interest, costs, including, but not limited to
any fees incurred by the Management Company, and reasonable attorneys' fees, all which may
be incurred in collecting the same, shall be a charge on the Condominium against which each
such Assessment or charge is made.
9.5. Assessment is Personal ObliQation.
Each of the Assessments, together with interest, costs and reasonable attorneys' fees,
shall also be the personal obligation of the Owner of such Unit at the time such Assessments
become 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
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personal obligation regardless of whether he/she/it remains an OWner. Notwithstanding the
foregoing, a purchaser of a Condominium shall be jointly and severally liable with the seller for
all unpaid assessments against the Condominium up to the time of grant or conveyance without.
prejudice to the purchaser's right to recover from the seller the amount paid by the purchaser
for such Assessments.
9.6. Regular Assessments.
9.6.1. Purpose of Regular Assessments. The proceeds from Regular
Assessments are to be used to pay for all costs and expenses incurred by the Association,
including legal and attorneys' fees and other professional fees, for the conduct of its affairs as
provided in Section 8, including, without limitation, the costs and expenses of construction,
improvement, protection, maintenance, repair, management and operation of the Common
Area or furnishing utility services, including water and sewer, and other common. services to
each Unit (if not separately metered), any deficit remaining from previous periods, a
management contingency reserve, and an amount allocated to an adequate reserve fund to be
used for repairs, replacement, maintenance and improvement of those elements of the
Common Area, or other property of the Association that must be replaced and maintained on a
regular basis (collectively the "Expenses"). Grantor and/or the Association reserves the right to
separately meter utility services provided to each Condominium, and in such event the Owner
of the Condominium shall be fully responsible for the costs of providing utilities for the Owner's
individual use.
9.6.2. Computation of Regular Assessments. Unless otherwise determined
by the Board, the Association shall compute and forecast the amount of its Expenses and
Regular Assessments on an annual basis. The computation of Regular Assessments shall take
place not less than thirty (30) nor more than sixty (60) days before the beginning of each fiscal
year of the Association, unless a change in Members or the Management Company makes it
impracticable to compute the Regular Assessments in the time frame. In such event, the
Owners shall be immediately notified upon completion of such computation. Notwithstanding
the foregoing, the computation of Regular Assessments shall be completed in good faith and
shall be valid upon completion. The computation of the Regular Assessments for the period
from the recordation of this Declaration until the beginning of the next fiscal year shall be
reduced by an amount which fairly reflects the fact that such period was less than one year.
The Board shall have the exclusive right to approve any Assessment under this Section 9.
Expenses and Regular Assessments shall be levied by the Association against Owners in
proportion to their percentage ownerships in the Common Area as set forth on Exhibit C.
9.7. Special Assessments.
In the event that the Board shall determine that the Regular Assessment for a given
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, attorneys' fees and/or litigation costs,
other professional fees, or for any other reason, the Board shall determine the approximate
amount necessary to defray such Expenses and levy a Special Assessment. The Board shall,
in its discretion, determine the schedule under which such Special Assessment will be paid.
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9.8. Limited Assessments.
9~8.1. Corrective Actions. The Association may levy against any Owner a
Limited Assessment equal to the costs and expenses incurred by the Association, including
legal and management fees, for the construction, installation, inspection, operation,
maintenance, repair and replacement of the Common Area, equipment and facilities located
thereon, including any corrective action necessitated due to damage by the negligent acts of an
Owner, or any person or entity occupying a Condominium with the Owner's consent, either
expressed or implied, or for costs and expenses incurred in bringing the Owner's Condominium
into compliance with the provisions of the Condominium Documents.
9.8.2. Extraordinary Expenses. A Limited Assessment may also be levied
against any Owner or group of Owners whose Unit requires or consumes a material
disproportionate percentage of water, sewer, heating, ventilation, and air conditioning services
and charges or any other Expense. If such Limited Assessment shall affect more than one
Condominium, but not the entire Building in which the Unit is located, the Owners of the
effected Condominiums shall pay those costs associated solely with their Condominiums in
proportion to their percentage ownership, while all Owners shall share such costs associated
with the Common Area in proportion to their percentage ownership interest set forth on Exhibit
C, as applicable.
9.9. Notice and Assessment Due Date.
Unless the Board establishes a different schedule for the payment of Regular
Assessments, monthly installments of the Regular Assessment shall become delinquent if not
paid by the first (1st) day of the each month. If not paid within five (5) days, a late fee equal to
ten percent (10%) of the Assessment shall be charged to the Owner. Each Assessment, other
than a Regular Assessment, shall become delinquent if not paid within ten (10) days of the date
of notice thereof to the Owner. With each delinquent payment, a single late charge up to ten
percent (10%) of the delinquent installment shall be charged. In addition, each installment
payment which is delinquent from more than twenty (20) days may accrue interest at the lesser
of (i) twelve percent (12%) per annum or (ii) the maximum rate allowed by the law of the State
of Idaho 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 aga,inst such Owner's Condominium, as more fully provided
herein. The Association expressly reserves its rights to file any liens against such Owner
pursuant to city, county and/or state law for any payment not made by the fifteenth (15th) day of
the month for Regular Assessments or fifteen (15) days after notice of any other Assessment.
9.10. Estoppel Certificate.
The Association, upon at least twenty (20) days prior written request, shall execute,
acknowledge and deliver to the party 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
provisions of this Declaration, and further 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 may not extend to any default as to which the
signor shall have had no actual knowledge. Owners agree to pay for all reasonable costs
associated with obtaining this estoppel certificate.
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9.11. No Reserves Provided bv Grantor.
Owners aCknowledge and agree that they have been fully notified and informed that the
Grantor did not or will not pay any part of or contribute any initial assessments or deposit
reserves for use in the Project.
9.12. Grantor's Assessment Obliqations.
Terminating upon the Grantor no longer being a Class B Member, Grantor shall only be
responsible for the lesser of (i) the shortfall of any operating costs of the Project after the
collection of all dues and assessments from the Owners, excluding the Grantor or (2) those
dues and assessments, less any assessed reserves for replacement, assessed to those Units
owned by the Grantor.
SECTION 10 - ENFORCEMENT OF ASSESSMENTS; LIENS
10.1. Riqht to Enforce.
The Association has the right to collect and enforce its Assessments, including any late
charges and/or interest accrued 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 thereon, and agrees to the
enforcement of all Assessments in the manner herein specified. In the event an attorney or
attorneys 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 attorneys' fees and costs, including the costs and
expenses for any lien releases, in addition to any other relief or remedy obtained against such
Owner. The Board or its authorized representative may enforce the obligations of the Owners
to pay such Assessments by commencement and maintenance of a suit at law or in equity, or
the Board may exercise the power of foreclosure and sale pursuant to this Section to enforce
the liens created pursuant 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.
10.2. Assessment Liens.
10.2.1. Creation. There is hereby created a claim of lien with power of sale
on each and every Condominium to secure payment of any and all Assessments levied against
such Condominium pursuant 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. All sums assessed in accordance with the provisions of this Declaration shall constitute 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.
10.2.2. Notice of Assessment. Upon default of any Owner in the payment of
any Assessments issued hereunder, the Association may cause to be recorded in the office of
the Ada County Recorder a notice of assessment. The notice shall state the amount of such
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Assessment and other authorized charges (including the cost of recording such notice), a
sufficient description of the Condominium against which the same have been assessed, and the
name 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 wHhin a single notice.
Upon payment to the Association of such assessment and charges in connection therewith or
other satisfaction thereof, 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 of preparing and recording such release before recording the same.
10.3. Method of 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 applicable to the exercise of powers of sale in
deeds of trust or any other manner permitted by law. The Board is hereby authorized to appoint
its attorney, 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.
10.4. 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 (3D)
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.
10.5. No Subordination.
The lien for the Assessments provided for herein in connection with a given
Condominium shall not be subordinate to the lien of any Mortgage filed and recorded after the
date of such Assessment. Notwithstanding the foregoing, all delinquent Assessments shall be
subordinate to any Mortgage recorded with in the real property records of Ada County, Idaho
prior to the date of the Assessment. The sale or transfer of any Condominium shall affect
neither the Assessments lien provided for herein, nor the creation thereof by the recordation of
a notice of assessment, on account 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 the
personal obligation of any Owner for delinquent Assessments as provided for in this
Declaration.
10.6. Riahts of Mortaaaees.
Notwithstanding any other provision of this Declaration, no amendment of this
Declaration shall operate to defeat the rights of a Mortgagee under any Mortgage encumbering
a Condominium made in good faith and for value, and recorded prior to the recordation of such
amendment, provided that after the foreclosure of any such Mortgage, 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 Declaration, and/or pursuant to any
provisions in the Mortgage, such Mortgagee will not be liable for any such Condominium's
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unpaid dues or Charges which accrue prior to the acquisition of title to such Condominium by
such Mortgagee. Further, upon obtaining title to any such Condominium, such Mortgagee shall
have the unrestricted right to exercise any vote as may be attributable 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 the lien created pursuant to this Section, and upon such
payment such encumbrancer shall be subrogated to all rights of the Association with respect to
such lien, including priority.
A Mortgagee shall be responsible for all delinquencies associated with a mortgaged
Condominium after being notified of such delinquencies prior to the beginning of any
foreclosure proceedings on such Condominium. A Mortgagee shall be entitled to cure a default
in payment of Assessments by paying all past due Assessments which accrued no more than
sixty (60) days prior to the date that such Mortgagee was first notified by mail of such Owner's
failure to pay Assessments past due. In the event of a foreclosures on any first mortgage, the
Mortgagee thereof shall take the Condominium interest -subject to all unpaid Assessments,
except to the extent such liability has been limited by exercise of the cure option set forth in
herein.
SECTION 11 - RIGHTS TO COMMON AREAS
11.1. Use of Common Area.
Every Owner shall have a nonexclusive right and easement to use the Common Area
(exclusive of Limited Common Area) 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:
11.1.1. Assessments. The rights of the Association to levy Assessments as
provided herein and the payment by an Owner of all such Assessments;
11.1.2. Voting. The right of the Association to suspend the voting rights and
rights to use of or interest in Common Area by an Owner for any period during which any
Assessments or charges against such Owner's Condominium remains unpaid;
1.1.1.3. Dedication or Transfer. The right of the Association to dedicate or
transfer all or any part of Common Areas to any public agency, authority or utility for such
purposes and subject to such conditions as may be agreed to by the Members. No dedication
or transfer shall be effective unless an instrument verifying such dedication or transfer is
executed and recorded by the Association verifying that (i) Members representing fifty-one
percent (51 %) or more of the total number of votes which may be cast by all of the Members,
and (ii) fifty-one percent (51 %) or more of all Mortgagees have approved such dedication or
transfer; and
11.1.4. Association Rules. The right of the Association to establish and
enforce such Association Rules as the Association deems proper regarding the Project and use
of Common Area.
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11.2. Deleaation of Riaht to Use.
Any Owner may delegate in accordance with the respective Condominium Documents,
such Owner's reasonable right of enjoyment to the Common Area to his or her licensees,
invitees and lessees, or contract purchasers who reside in such Condominium.
11.3. Damaaes.
Each Owner shall be liable for expenses for corrective action necessitated by violation of
this Declaration or Association Rules or for any damage to such Common Area which may be
sustained by reason of his or her guests, invitees or licensees. In the case of joint ownership of
a Condominium, the liability of such Owners shall be joint and several. The cost of corrective
action shall be assessed as an Assessment against the Condominium and may be collected as
provided herein for the collection of other Assessments.
SECTION 12 - MECHANIC'S LIEN RIGHTS
No labor performed or services or materials furnished with the consent of or at the
request of an Owner or such Owner's agent, contractor or subcontractor shall be the basis for
the filing of a lien against the Condominium of any other Owner or against any part thereof, or
against any other property of any other Owner, unless such other Owner has expressly
consented to or requested in writing the performance of such labor or furnishing of such
materials or services. Such express written consent shall be deemed to have been given by the
Owner of any Condominium in the case of emergency corrective action undertaken by the
Association. Labor performed or services or materials furnished for the Property if duly
authorized by the Association shall be deemed to be performed or furnished with the express
consent of each Owner. Any Owner may remove his or her Condominium from a lien against
two or more Condominiums or any part thereof by payment of sums secured by such lien which
is attributable to such Owner's Condominium.
SECTION 13 - INSURANCE
13.1. Types of Insurance.
The Association shall obtain and keep in full force and effect at all times the following
insurance coverage provided by reputable companies duly authorized to do business in Idaho.
The provisions of this Section shall not be construed to limit the power or authority of the
Association to obtain and maintain insurance coverage, in addition to any insurance coverage
required hereunder, in such amounts and in such forms as the Association may deem
appropriate from time to time.
13.1.1. Casualty Insurance. The Association shall obtain insurance on the
Buildings in such amounts as shall provide for full replacement thereof, including, but not limited
to, those costs associated with rebuilding, design, any required permits, legal fees and any
other fees associated with the replacement of the BUildings, in the event of damage or
destruction from the casualty against which such insurance is obtained. Such insurance shall
include fire and extended coverage, vandalism and mischief, and such other risks and hazards
against which the Association shall deem it appropriate to provide insurance protection. The
Association may comply with the above requirements by the purchase of blanket coverage and
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may elect such "deductible" provisions as in the Association's opinion are consistent with good
business practice.
13.1.2. Public Liability and Property Damage Insurance. The Association
shall purchase broad form comprehensive liability coverage in such amounts and in such forms
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
Buildings.
13.1.3. Workers' Compensation and Employer's Liability Insurance. The
Management Company shall purchase, on behalf of the Association, workers' compensation
and employer's liability insurance and all other similar insurance in respect to employees of the
Association, if any, in the amounts and in the forms now or hereafter required by law.
13.1.4. Fidelity Insurance. The Management Company shall purchase in
such amounts, on behalf of the Association, and in such form as it shall deem appropriate
coyerage against liability of its officers and directors, dishonesty of employees, destruction or
disappearance of money or securities, and forgery.
13.1.5. Other. The Association may obtain insurance against such other
risks, of a similar or dissimilar nature, as it shall deem appropriate with respect to the Buildings,
including any personal property of the Association located thereon.
13.1.6. Optional Insurance. The Association may obtain the folloWing types
of insurance coverage, but is not required to do so.
13.1.6.1. Personal Property Casualty Insurance. The Association may
in its discretion obtain casualty and public liability insurance on the personal property and
furnishings initially placed in any Units by Grantor, if any, upon completion of construction of the
Buildings in such amounts as shall provide for the full replacement thereof in the event of
damage or destruction from casualties against which such insurance is obtained. It is expressly
understood that any Owner desiring to obtain additional condominium insurance may do so at
the sole cost of the Owner.
13.1.6.2. Casualty 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.
13.1.7. Form.
Casualty insurance shall be carried in a form or forms naming the Association as the
insured as trustee for the Owners, which policy or policies shall specify the interest of each
Owner (Owner's name, Unit number, and the appurtenant undivided interest in the Common
Area) and which policy or policies shall provide a standard loss payable clause providing for
payment of insurance proceeds to the Association as trustee for the Owners and for the
respective first 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 cannot be canceled by either the insured or the insurance company until
after ten (10) days prior written notice is first given to each Owner and to each first Mortgagee
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requesting such notice. The Association shall furnish to each Owner and to Declarant a true
copy of such pOlicy together with a certificate identifying 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 premium 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
shall provide further that the insurance under any such policy as to the interest of all other
insured Owners not guilty of any such act or omission, shall not be invalidated or suspended
and shall remain in full force and effect.
Public liability and property damage insurance shall name Declarant, the Management
Company 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 Buildings. In the event the entire Project
is damaged or destroyed and eighty percent (80%) of the Owners and all first Mortgagees elect
not to rebuild the Project, the insurance proceeds will be distributed to the Owners passed on
their percentage ownership in the Common Area. In the event that some but not all the
Buildings in the Project are damaged or destroyed, eighty percent (80%) of the Owners and all
first Mortgagees of each Building in the Project that has been damaged or destroy elect not to
rebuild the Project, the insurance proceeds will be distributed to the Owners passed on their
percentage ownership in the Common Area.
If the affected Owners elect not to rebuild the Building in which their Units are located,
such Owners shall automatically cease to be Members of the Association and thereafter the
Association shall re:"allocate the ownership, voting rights and 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
amendments of this Declaration as provided in Section 16.1.2 hereof.
13.2. Insurance Proceeds.
The Association shall receive the proceeds of any casualty insurance payments
received under policies obtained and maintained pursuant to this Section and as provided in
Section 14 hereof.
13.3. Owner's Own Insurance.
Notwithstanding the provisions of Section 13.1 hereof, each Owner may obtain
insurance at the Owner's own expense providing coverage upon the Owner's Condominium,
personal property, personal liability, and 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 Section. All such insurance on the Owner's Condominium shall waive the insurance
company's right of subrogation against the Association, the other Owners, and the servants,
agents and guests of any of them, if such insurance can be obtained in the normal practice
without additional premium charge for the waiver of rights of subrogation.
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SECTION 14 - CASUAL TV, DAMAGE OR DESTRUCTION
14.1. Affects Title.
Title to each Condominium is hereby made subject to the terms and conditions set forth
in this Declaration, as amended from time to time, which bind the Declarant and all subsequent
Owners, whether or not it be so expressed in the deed by which any Owner acquires a
Condominium.
14.2. Association As Aqent.
All of the Owners irrevocably constitute and appoint the Association their true and lawful
attorney-in-fact in their name, place and stead for the purpose of dealing with their
Condominium upon the Condominium's damage or destruction as hereinafter provided.
Acceptance by any grantee of a deed from the Declarant or from any Owner shall constitute
such appointment.
14.3. General Authoritv of Association.
As attorney-in-fact, the Association shall have full and complete authorization, right and
power to make, execute and deliver any contract, deed, or other instrument with respect to the
interest of an Owner which may be necessary or appropriate to exercise the powers herein
granted. Repair and reconstruction of the improvements as used in succeeding Sections of this
Declaration means restoring the Condominiums, including the site improvements, equipment
and facilities therein, to sUbstantially the same condition in which it 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 eighty percent (80%) of the
Owners and all first Mortgagees of the affected BUildings agree not to rebuild in accordance
with the provisions set forth hereinafter.
14.4. Estimate of Costs.
As soon as practicable 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 Project damaged or destroyed, if the Owners and Mortgagees
of the Buildings damaged or destroyed elect to rebuild in accordance with Section 14.3.
14.5. Repair or Reconstruction.
As soon as practicable after receiving these estimates, the Association shall diligently
pursue to completion the repair or construction of that part of the Project damaged or
destroyed. The Association may take all necessary or appropriate action to effect repair or
reconstruction, as attorney-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 that portion of the Project damaged or
destroyed or may be in accordance with any other plans and 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%) from the number of cubic feet and
the number of square feet for such Unit as originally constructed pursuant to such original plans
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and specifications, and the location of the Units shall be substantially the same as prior to
damage or destruction.
14.6. 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 insurance are insufficient to pay the
estimated or actual cost of such repair or reconstruction, the Association, pursuant to Section
9.7 hereof, may levy in advance a Special Assessment sufficient to provide funds to pay such
estimated or actual costs of repair or reconstruction. Such Special Assessments shall be
allocated and collected as provided in that Section. Further levies may be made in like manner
if the amounts collected prove insufficient to complete the repair or reconstruction.
14.7. Disbursement of Funds for Repair or Reconstruction.
The insurance proceeds held by the Association and the amounts received from the
assessments provided in Section 14.6 constitute a fund for the payment of costs of repair and
reconstruction after casualty. It shall be deemed that the first money disbursed in payment 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 reconstruction, such balance shall be distributed to
the Owners in proportion to the contributions by each Owner pursuant to the assessments by
the Association under Section 14.6 of this Declaration.
SECTION 15 - CONDEMNATION
15.1. Consequences of Condemnation.
If at any time or times during the continuance of the condominium ownership regime
pursuant to this Declaration, all or any part of the Project shall be taken or condemned by any
public authority or sold or otherwise disposed of in lieu of or in avoidance thereof, the following
provisions of this Section 15 shall apply.
15.2. Proceeds.
All compensation, damages or other proceeds therefrom, the sum of which is
hereinafter called the "Condemnation Award," shall be payable to the Association.
15.3. Complete TakinQ.
In the event that all of the Units are taken or condemned, or sold or otherwise disposed
of in lieu of or in avoidance thereof, 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 in the Project, provided that if a standard
different from the value of the Condominiums 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 last preceding paragraph, the Association
shall as soon as practicable determine the share of the Condemnation Award to which each
Owner is entitled and pay such amounts as soon as practicable.
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15.4. Partial Takina.
In the event that less than all of the Units are taken or condemned, or sold or otherwise
disposed of in lieu of or in avoidance thereof, the condominium ownership regime hereunder
shall not terminate. As soon as practicable the Association shall, reasonably and in good faith,
allocate the Condemnation Award between compensation, damages or other proceeds and
shall apportion the amounts so allocated among the Owners as follows:
15.4.1. 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 the Plat; and
15.4.2. Allocation to Condominiums. The total amount allocated to
severance damages shall be apportioned to those Condominiums which were taken or
condemned as follows: (a) the respective amounts allocated to the taking of or injury to a
particular Unit and/or improvements an Owner has made within the Owner's own Unit shall be
apportioned to the particular Unit involved; and (b) the total amount allocated to consequential
damages and any other takings or injuries shall be apportioned as the Association determines
to be equitable in the circumstances. If an allocation of the Condemnation Award is already
established in negotiation, jUdiCial decree, or otherwise, then in allocating the Condemnation
Award the Association shall employ such allocation to the extent it is relevant and applicable.
15.5. Reorganization.
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
to be a member of the Association. Thereafter the Association shall re-allocate the ownership,
voting rights and 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.
15.6. Reconstruction and Repair.
Any reconstruction and repair necessitated by condemnation shall be governed by the
procedures specified in Section 14.6 above.
SECTION 16 - MISCELLANEOUS
16.1. Amendment.
16.1.1. By Grantor. Until the recordation of the first deed to a Condominium,
the provisions of this Declaration may be amended, modified, clarified, supplemented, added to
or terminated (collectively "Amendment") by the Grantor by recordation of a written instrument
setting forth such Amendment. Additionally, so long as a Grantor owns a Condominium, the
provisions of this Declaration may be amended, modified, clarified, supplemented, added to or
terminated by a recorded amendment by the Grantor to comply with all applicable law or as
necessary to allow the Project to be developed and improved as contemplated in the
Condominium Documents.
Notwithstanding the foregoing, any material Amendment shall require approval by the
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vote or written consent of the Members representing sixty-seven percent (67%) or more of the
total votes which may be cast by all of the Members and fifty-one percent (51 %) of all
Mortgagees. A material Amendment shall include amendments to the voting rights of the
Members, any increase in a previously assessed amount by more than twenty-five percent
(25%), Assessment liens or the priority of Assessments, reductions in any reserves, to the
delegated party responsible for maintenance and repairs, any reallocation of ownership
interests or right to use Common Area, expansion or contraction of the project, or the addition,
annexation, or withdrawal of property to or from the Project; imposition of any restriction on an
Owner's right to sell or transfer his or her Unit; termination of the legal status of the project for
any reason; redefinition of any Unit boundaries, the conversion of any Unit into Common Area
or vice versa, changes in the fundamental nature of the Project, change in the hazard or fidelity
insurance requirements, any leasing restrictions, Section 15, or any provisions that would
expressly benefit any Mortgagees, insurers or guarantors.
16.1.2. Bv Members. Except as provided in Section 16.1.1, after the
recordation of the first deed to a Condominium, any Amendment to this Declaration, other than
herein provided in this Section 16.1, shall be by an instrument in writing signed and
acknowledged by the president and secretary of the Association certifying and attesting that
such Amendment has been approved by the vote or written consent of Members representing
sixty-seven percent (67%) or more of the total votes which may be cast by all of the Members
and fifty-one percent (51 %) of all Mortgagees, 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 shall require
the vote or written consent of Owners holding ninety-five percent (95%) of the total votes which
may be cast by all of the Members.
Notwithstanding the foregoing, nothing in this Section 16.1.2 shall allow an amendment
that would limit the rights of the Owners as stated in Sections 7.19 and 8. 7.
16.1.3. Effect of Amendment. Any Amendment of this Declaration approved
in the manner 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 Restrictions 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. Mortaaae 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 first Mortgage encumbering a Unit
shall be entitled to notice of the following:
Any condemnation or casualty loss that affects either a material portion of a Building or
a Unit encumbered by such first Mortgage;
Any sixty (60) day delinquency in the payment of Assessments or charges owed by the
Owner of any Unit on which it holds a first Mortgage;
A lapse, cancellation, or material modification of any insurance policy maintained by the
Association; and
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Any proposed action that requires the consent of a specified percentage of eligible
Mortgage holders.
16.3. Enforcement and Non-Waiver.
16.3.1. Right of Enforcement. Except as otherwise provided herein, any
Owner, the Association or Grantor shall have the right to enforce any or all of the provisions of
this Declaration against any property within a Building and against the Owners thereof.
16.3.2. Non-Waiver. Failure of the Declarant or the Board to insist upon strict
compliance with this Declaration, the Bylaws or the Association Rules, or to exercise any right
contained in such documents, or to serve any notice or to institute any action, shall not be
construed as a waiver or a relinquishment of the right to insist on compliance in the future with
any term, covenant, condition or restriction. The receipt by the Board of payment of an
assessment from an Owner, with knowledge of a breach by the Owner, shall not be a waiver of
the breach. No waiver by the Board of any requirement shall be effective unless expressed in
writing and signed for by the Board.
16.4. Reaistration of Mailing Address.
Each Owner shall register such Owner's mailing address with the Association and all
notices or demands intended to be served upon any Owner shall be sent by either registered or
certified mail, postage prepaid, addressed in the name of the Owner at such registered mailing
address. If an Owner fails to provide the Association with a valid address, all notices shall be
sent to that Owner's address on record with the Ada County, Idaho. All notices or demands
intended to be served upon the Association shall be given by registered or certified mail,
postage prepaid, to the address of the Association as designated in the Bylaws. All notices or
demands to be served on Mortgagees pursuant hereto shall be sent by either registered or
certified mail, postage prepaid, addressed in the name of the Mortgagee at such address as the
Mortgagee may have furnished to the Association in writing. Unless the Mortgagee furnishes
the Association such address, the Mortgagee shall not be entitled to receive any of the notices
provided for in this Declaration. Any notice referred to in this Section shall be deemed given
when deposited in the United States mail in the form provided for in this Section.
16.5. Interpretation.
The provisions of this Declaration shall be liberally construed to effectuate its purpose of
creating a uniform plan for the development and operation of the Project. This Declaration shall
be construed and governed under the laws of the State of Idaho.
16.5.1. Restrictions Construed Toaether. All of the provisions hereof shall be
liberally construed together to promote and effectuate the fundamental concepts of the
development of the Project as set forth in the recitals to this Declaration.
16.5.2. Restrictions Severable. Notwithstanding the provIsIons of the
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 shall not affect the validity or enforceability of any other provision herein.
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16.5.3. Sinaular Includes Plural. 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. Captions. 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.
16.6. Owner's Obliaations Continue.
All 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 of his interest as provided herein, but the Owner of a Condominium
shall have no obligation for expenses or other obligations accruing after the Owner conveys
such Condominium.
16.7. Exhibits.
All exhibits attached hereto are incorporated herein as if set forth in full herein.
However, in the event of any conflict between such exhibits and the text of this Declaration, this
Declaration shall control.
16.8. Acknowledaement and Waivers.
All Owners expressly acknowledge that there are no understandings, representations,
warranties or promises of any kind that have been made to induce the Owners into owning
Units in the Project except as set forth in this Declaration or any other written valid and binding
agreement between the Declarant and the Owners, that this Declaration or any other written
valid and binding agreement between the Declarant and the Owners sets forth in full the entire
agreement between the parties and governing the Project, and the Owners have not relied on
any verbal agreement, statement, representation, warranty or other promises that is not
expressed in writing in this Declaration or any other written valid and binding agreement
between the Declarant and the OWners. Except as may be set forth in any written agreement
between Owner and Declarant, each Owner has acquired and accepted its Condominium Unit
"as is, where is" with all faults. No person, agent or employee of Declarant has any authority to
modify the terms of this Section, and no person on Declarant's behalf is authorized to make any
future verbal agreement upon which any Owner may rely to cancel, change or modify any
portion of this Declaration. This Declaration or any other written valid and binding agreement
between the Declarant and the Owners supersedes any and all prior understandings and
agreements. This Declaration or any other written valid and binding agreement between the
Declarant and the Owners may be amended or modified only by the terms included herein.
16.9. Transfer of Declarant's Powers. It is understood that Declarant, at any time in
the exercise of its sole discretion, may sell, assign, transfer, encumber or otherwise convey to
any person or entity, upon such terms and conditions as Declarant may determine, all of
Declarant's rights, powers, privileges and authority arising hereunder by virtue of Declarant's
capacity as Declarant (which rights, powers, privileges and authority are in addition to those
arising from Declarant's ownership of one or more Units).
[end of text]
CONDOMINIUM DECLARATION FOR THE MAYFLOWER PLACE PROPERTIES LLC CONDOMINIUMS _ 33
C:\Documents and Settings\ddodson\local Settings\Temporary Internet Files\OlK3E\Condominium Declaration GP01.DOC
_...~
This Declaration is executed effective this _ day of
,2007.
DECLARANT:
MAYFLOWER PLACE PROPERTIES LLC,
an Idaho limited liability company
By:
Mark Russell, Manager
State of Idaho )
) ss.
County of )
On this _ day of , in the year of 2007, before me, a Notary Public
in and for said State, personally appeared MARK RUSSELL, known or identified to me to be a
manager of MAYFLOWER PLACE PROPERTIES LLC, a limited liability company, the manager
or one of the managers who subscribed said limited liability company name to the foregoing
instrument, and aCknowledged to me that he executed the same in said limited liability company
name.
Notary Public for Idaho
Residing at
My Commission expires
CONDOMINIUM DECLARATION FOR THE MAYFLOWER PLACE PROPERTIES llC CONDOMINIUMS - 34
C:\Documents and Settings\ddodson\Local Settings\Temporary Internet Files\OLK3E\Condominium Declaration GP01.DOC
EXHIBIT A
Legal Description
EXHIBIT A - LEGAL DESCRIPTION
C:\Documents and Settings\ddodson\Local Settings\Temporary Internet Files\OLK3E\Condominium Declaration GP01,DOC
-
EXHIBIT B
Plat of
Condominiums
EXHIBIT B - PLAT OF CONDOMINIUMS
C:\Documents and Settings\ddodson\Local Settings\Temporary Internet Files\OLK3E\Condominium Declaration GP01,DOC
EXHIBIT C
Proportionate Interest in Common Area and Voting Allocations
EXHIBIT C - PROPORTIONATE INTEREST IN COMMON AREA AND VOTING ALLOCATIONS
C:\Documents andSettings\ddodson\LocaISettings\Temporary Internet Files\OLK3E\Condominium Declaration GP01.DOC
EXHIBIT 0
Parking Garage Locations and Sizes
EXHIBIT 0 - PARKING GARAGE LOCATIONS AND SIZES
C:\Documents and Settings\ddodson\local Settings\Temporary Internet Files\OlK3E\Condominium Declaration GP01.DOC
EXHIBIT E
Articles of Incorporation
of
Owners Association, .Inc.
EXHIBIT E - ARTICLES OF INCORPORATION OF OWNERS ASSOCIATION, INC.
C:\Documents and Setlings\ddodson\Local Settings\Temporary Internet Files\OLK3E\Condominium Declaration GP01.DOC
,/
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