HomeMy WebLinkAboutWestborough Sub CC&R's
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ADA COUlITY RECORDER J. OAVID YAVARRO 42
BOISE IDAHO 0:M19/04". 03:17 PM'
DEPUTY Bonni,lllb.bllllg,
REC~DED-REQUEST OF' 11I11111111111111111111111111111 11111
Spink'Buller 1 r.114'~31787
MUIlT 1:!t1.00 ~ ~
DE(;LARA nON OF
~QVENANTS. CONDITIONS AND RESTRICTIONS
FOR
WESTBQRO~GH SUBDIVISION
THIS MASTER DECLARA nON OF COVENANTS, CONDITIONS AND ~
RESTRICTIONS FOR WESTBOROUGH SUBDIVISION is made effective as of the fl day
of March, 2004, by Goldcreek Developers, LLC, an Idaho limited liability company ("Grantor"
and "Class B Member").
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TABLE OF CONTENTS
Page
ARTICLE I: RECITALS ....................................................... 1
1.1 Property Covered ................................................ 1
1.2 ;i.eiidential DeveJ.ojlme.Qt .......................................... 1
1.3 Purpose of Declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
ARTICLE IT: DECLARATION .................................................. 1
ARTICLE Ill: DEFINITIONS ................................................... 2
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3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
3.12
3.13
3.14
3.15
3.16
3.17
3.18
3.19
3.20
3.21
3.22
3.23
3.24
"Architectural Committee" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
"Articles" ...................................................... 2
"Assessments" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
"Association" ...................................................2
"Association Rules" ..............................................2
"Board" ........... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
"Building Lot" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
"Bylaws" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
"Common Area" ............... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
";Q 1 0' " 2
ec ara on ...................................................
"Grantor" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
"Improvement" .................................................. 2
"I.imited Assessment" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
"Association" ...................................................3
"Member" ...................................................... 3
"Owner" ....................................................... 3
"Person" ....................................................... 3
"Plat" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
"Property" ...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
"Regular Assessment" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
"Spe(;;ial Assessme.Qt" .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
"Supplemental Declaration" ........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
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"Westborough Subdivision Common Area" . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
"Westbqwugh ,S,u~~ivision" ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
ARTICLE IV: GENERAL AND SPECIFIC RESTRICTIONS .................. . . . . . . . .4
4.1 Structures - OeneraUy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
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4.1.1
4.1.2
4.1.3
4.1.4
4.1.5
4.1.6
Use. Size and Height ofDwel1i~ Structure ....................4
Architectural Committee Review i;.....'...................... 4
,S,etbacks and :e:eight . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Accessory Structures ...................................... 5
Driveways ..............................................5
Mailboxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
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ARTICLE V: WESTBOROUGH SUBDIVISION HOMEOWNERS' ASSOCIATION...... 10
5.1 ~ganization of West borough Subdivision ijomeowners' Association. . . . . . 10
5.2 Mc:rnbership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
5.3 Voting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
5.3.1 Class A Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . 11
5.3.2 ~lass B Me~ers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
5.4 Board of Directors and Officers .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
5.5 Power and Duties of the Association ................................ 11
5.5.1 Powers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
5.5.1.1 Assessments .................................... 12
5.5.1.2 Right of Enforcement ............................. 12
5.5.1.3 Delegaq,on offowers ............................. 12
5.5.1.4 AssociationRules ................................12
5.5.1.5 Emergency Powers ............................... 12
5.5.1.6 Licenses. Easements andBights-o,"Way .............. 13
5.5.2 Duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
5.5.2.1 Operation and Maintenance of West borough Subdivision ~
~mmon Area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
5.5.2.2 Reserve Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
5.5.2.3 Maintenance of Berms. Retainins Walls and Fences ..... 14
5.5.2.4 Taxes and AssesSDRJllts . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
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4.2
4.3
4.4
4.5
4.6
4.7
4.8
4.9
4.10
4.11
4.12
4.13
4.14
4.15
4.16
4.17
4.18
4.19
4.20
4.21
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4.1.7 Fencing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
4.1.8 LicJ1ting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
4.1.9 Oarages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
,Anteijpae . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
"insurance Rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
No Further Subdivision ........................................... 6
Sigm .......................................................... 6
Nuisances ...................................................... 6
.Rxterior Maintenance: Owner's Obliiations . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Grading and Drainage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
No Hll'Zl'lTdous-Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Vns~t~v A!:ticles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
No Temparary Structures ............. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
No Ynscreened Boats. ~ampers and 9ther Vehicles ... . . . . . . . . . . . . . . . . . . 7
No Mining or Drilling. . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . 7
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Felergy Devices. Qutside . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Vehicles ....................................................... 8
Animals/Pets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
:Landscaping .................................................... 8
Exemption of Grantor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Water Rights Appurtenant to Subdivision Lands . . . . . . . . . . . . . . . . . . . . . . . . 9
Construction ~equirements ........................................ 9
Commencement and Completion of Construction: Job Site Maintenance. . . . . 9
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5.7
5.8
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5.5.2.5 Water and Other Utilities .......................... 14
5.5.2.6 IIisurance....................................,.. 14
5.5.2.7 Rule~g ................................,...15
5.5.2.8 Newsletter...................................... 15
5.5.2.9 Jvchitectural Committee. . . . . . . . . . . . . . . . . . . . . . . . . . . 15
'" 5.5.2.10 EDforceIllf:nt ofRestcictiDiji and~ul. . . . . . . . . . . . . . . . .15
Personal Liabilitv ............................................... 16
Budgets and Financial Statements .................................. 16
Meetin~ of Association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
ARTICLE VI: 1NTENTIONALLYDELETED .....................................17
ARTICLE Vll: INTENTIONALLY DELETED. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
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ARTICLE VIll: PRESSURIZED IRRIGATION .................................... 17
8.1 Irrigation District Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
ARTICLE IX: ASSESSMENTS................ .. .. . . . . .. . . .. . . . . . . . . . . . . .. . . . .. 17
9.1 Covenant to Pay Assessments .....................................17
9.1.1 Asseslmlent Constitutes Lieg, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
9.1.2 Assessment is Personal Obligation .......................... 17
R~lar Assessments ............................................ 17
9.2.1 Puz:pqseofRegularAssessments ........................... .17
9.2.2 Com-cutation of Regular Assessments. . . . . . . . . . . . . . . . . . . . . . . . 18
9.2.3 Amounts Paid bv Owners ................................. 18
8.Pecia~ssm.ents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
9.3.1 Purpose and Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
9.3.2 Consistent Basii.of Assessment. . . . . . . . . . . : . . . . . . . . . . . . . . . . . 19
Limitej Assessments ............................................ 19
Uciform Rate of Assessment ...................................... 19
Assessment Period .............................................. 19
Notice. and Assessme~t Due Date. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Estoppel Certificate ............................................. 19
Special Notice and Quorum Requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Initiation and Transfer Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
9.2
9.3
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9.4
9.5
9.6
9.7
9.8
9.9
9.10
ARTICLE X: ENFORCEMENT OF ASSESSMENTS; LIENS ........................20
10.1 Ri~ht to Enforce ................................................ 20
10.2 Assessment Liens ............................................... 20
10.2.1 <;reation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
10.2.2 Claim of Lien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
10.3 Method of Foreclosure ...........................................21
10.4 Required Notice ................................................ 21
10.5 S.ubordinatilim t~ ~~ttlijJJ. Uu~tJ)ee<ili ...............................21
10.6 Ri~ts wMortgagees ............................................22
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ARTICLE Xl: INSPECTION OF ASSOCIATION'S BOOKS AND RECORDS . . . . . . . . . . . 22
11.1 M€iIJlber's Right Qf Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
11.2 Rules Regarding Inspection of Books and Records. . . . . . . . . . . . . . . . . . . . . 22
11.3 .Director's Rigbrts ofInsl'ection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22
ARTICLE XII: ARCHITECTURAL COMMITTEE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
12.1 ~eation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22
12.2 \Trantor's Right of Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
12.3 Review ofProPQsed (:ons~tion .................................. 23
12.3.1 C;ondit~ijli on Appr~va~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23
12.3.2 Architectural Committee Rules and Fees. . . . . . . . . . . . . . . . . . . . . . 23
12.3.3 Detailect.elw-. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24
12.3.4 Architectural Co~ttee Decis.~on~ . . . . . . . . . . . . . . . . . . . . . . . . . .24
12.4 Meetings of the Architectural Committee ............................24
12.5 No Waiver of Futurl!!' Ap.provals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24
12.6 'ompensation of Members .. . . . " . . ... .. . . . . . . . . . . .... . . .... ... . . .24
12.7 .Inspection of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24
12.8 }>1on-Liability of Arcbitectural Committee Members . . . . . . . . . . . . . . . . . . . . 25
12.9 Variances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25
ARTICLE XIll: EASEMENTS... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
13.1 Easements of Encroachment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
13.2 Easements of 1\ccess . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
13.3 Drainage and Utility Easements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26
13.3.1 ImDrovement ofD~ain~e and Vtility Easement Ar;as . . . . . . . . . . .27
13.4 Rights and Duties Concerning Utility Easements. . . . . . . . . . . . . . . . . . . . . . .27
13.5 Ow..lutes as to Sharing of Costs ....................................27
13.6 General LandscaDe Easement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28
13.7 Ovethaug Easement .............................................28
13.8 Maintenance and Use Easement Between Walls and Lot Lines. . . . . . . . . . . .28
ARTICLE XIV: MISCELLANEOUS... . ........ .. ....... .~,.. .....................28
14.1
14.2
14.3
14.4
14.5
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Term ......................................................... 28
Amendment ................................................... 28
14.2.1 By grantor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28
14.2.2 By Owners ............................................. 29
14.2.3 Effect of Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29
Mortgage Protectioll. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Notices ....................................................... 29
Enforcement and Non-Waiver. .. . . . . .. . . . . .. . .. . . . .. .... . '" . .. . . .29
14.5.1 Right of~nforce~qpt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29
14.5.2 Violations and Nuisances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29
14.5.3 Violation of Law ........................................ 30
14.5.4 ij.qnedies Cumulative ........................ :~'. . . . . . . . . . . 30
14.5.5 NQIl-WaiveJi..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
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14.6
14.7
14.8
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Interpretation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
14.6.1 Restrictions Constroed Together, . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
14.6.2 Restrictiqps ~everable ....................................30
14.6.3 Singular Includes Plural . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
14.6.4 C;aptions............................................... 30
~uccessors and Assigns .......................................... 30
~ghts Reserved by grantor .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .-:;. . . . . . . 30
14.8.1 Ingress Easements .......................................30
14.8.2 ytility Ease~ents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
14.8.3 W........................... . . . . . . . . . . . . . . . . . . . . . . . . 31
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ARTICLE I: RECITALS
1.1 PropertY ~overed. The property potentially subject to this Declaration of
Co~nants, Conditions and Restrictions for Westborough Subdivision ("Declaration") is Lots I-
S, Block 1, Westborough Subdivision, recorded at Book 87 of Plats, pages 9884-9886, recorded
on the 111 day of October, 2003, in the records of Ada County, Idaho, as Instrument No.
103166998. A copy of the Plat of West borough Subdivision is attached hereto and made a part
hereof as Exhibit A (hereinafter referred to as the "Property").
1.2 Residential Develogmcmt. The Property is a residential development, which
Grantor currently intends to develop in accordance with existing development approvals obtained
by Ada County and documented in Ada County files, or any other development planes) for which
Grantor may from time to time obtain approval. Certain portions of the Property may be
developed for quality detached single-family residential homes. Any development plans or
schemes for the Property in existence prior to or following the effective date of this Declaration
are subject to change at any time by Grantor, and impose no obligation on Grantor as to how the
Property is to be developed or improved.
1.3 Purpose of Declaration. The purpose of this Declaration is to set forth the basic
restrictions, covenants, limitations, easements, conditions and equitable servitudes (collectively
"Restrictions") that will apply to the entire development and use of all portions of the Property.
The Restrictions are designed to preserve the Property's value, desirability and attractiveness, to
ensure a well integrated, high-quality de~lopment.
ARTICLE IT: DECLARATION
Grantor hereby declares that the Property, and each lot, parcel or portion thereof, is
and/or shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied and
improved subject to the following terms, covenants, conditions, easements and restrictions, all of
which are declared and agreed to be in furtherance of a general plan for the protection,
maintenance, subdivision, improvement and sale ofthe Property, and to enhance the value,
desirability and attractiveness of the Property. The ~rms, covenants, conditions, easements and
restrictions set forth herein: shall run with the land constituting the Property, and with each estate
therein, and shall be binding upon all persons having or acquiring any right, title or interest in the
Property or any lot, parcel or portion thereof; shall inure to the benefit of every lot, parcel or
portion of the Pro~rty and any interest therein; and shall inure to the benefit of and be binding
upon Grantor, Grantor's successors in interest and each grantee or Owner and such grantee's or
Owner's respective successors in interest, and may be enforced by Grantor, by any Owner or such
Owner's successors in interest, or by the Association.
Notwithstanding the foregoing, no provision of this Declaration shall be construed as to
prevent or limit Grantor's right to complete development of the Property and to construct
improvements thereon, nor Grantor's right to maintain model homes, construction, sales or
leasing offices or similar facilities on any portion' of the Property, including the Common Area or
any public ri.ght-of-way, nor Grantor's right to post signs incidental to construction, sales or
leasing.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WESTBOROUGH SUBDIVISION - 1
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ARTICLE Ill: DEFINITIONS
3.1 "Architectural Committee" shall mean the committee created by the Grantor or
an Association pursuant to Article xn hereof.
3.2 '~icles" shall me~ the Articles of Incorporation of an Association or other
organizational or charter documents of an Association.
3.3 "4Sjessments" shall mean those payments required ofOwn~rs, Association
Members, including Regular, Special and Limited Assessments of any Association as further
defined in this Declaration.
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3.4 "Associat.ion" shall mean the Association.
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3.5 "AssociatiQJl Ru1c:s" shall mean those rules and regulations promulgat<<i by the
Association governing conduct upon and use of the Property under the jurisdiction or control of
the Association, the imposition of fines and forfeinu..:s for violation of Association Rules and
regulations, and procedural matters for use in the conduct of business of the Association.
3.6 "Board" shall mean the Board of Directors or other governin~rboard or
individual, if applicable, of the Association.
3.7 "Building Lot" shall mean one or more lots within the Property as specified or
shown on any Plat and/or by Supplemental Declaration, upon which Improvements may be
constructed. The term "Building Lot" shall include single-family residential lots, but shall not
include the Common Area. ~
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"Bylaws" shall mean the Bylaws of an Association.
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3.9 "Common Area" shall mean any or all parcels of West borough Subdivision
Common Area, and shall include, without limitation, all such parcels that are designated as
private streets or drives, common open space, common landscaped areas.
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3.10
"Declaration" shall mean this Declaration as it may be amended from time to
time.
3.11 "Grantor" shall ~an Goldcreek Developers, LLC, an Idaho limited liability
company, or its successor in interest, or any person or entity to whom the rights under this
Declaration are expressly transferred by Goldcreek Developers, LLC or its successor.
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3.12 "Improvp.1l11'lnt" shall mean any structure, facility or system, or other
improvement or object, whether permanent or temporary, which is erected, constructed or placed
upon, under or in any portion ofthl! Property, including but not limited to buildings, fences,
streets, drives.. dri~ways, sidewalks, bicycle paths, curbs, landscaping, wildlife habitat
improvements, si~s, lights, mail boxes, electrical lines, pipes, pumps, ditches, recreational
facilities, and fixtures of any kind whatsoever.
DECLARA nON OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WESTBOROUGH SUBDIVISION - 2
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3.13 ":L-Writed Assessment" shall mean a charge against a particular Owner and such
Owner's Building Lot, directly attributable to the Owner, equal to the cost incurred by the
Association for corrective action performed pursuant to the provisions of this Declaration or any
Supplemental Declaration, including interest thereon as provided in this Declaration or a
Supplemental Declaration.
3.14 "Association" shall mean th. Idaho prdfit or non-profit corporation, its
successors and assigns, established by Grantor to exercise the powers and to carry out the duties
set forth in this Declaration or any Supplemental Declaration. Grantor shall have the power, in
its discretion, to name the Association the "Westborough Subdivision Homeowners' Association,
Inc.", or any similar name which fairly reflebts its purpose.
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3.15
Association.
"Member" shall mean each person or entity holding a membership in the
3.16 "Ownli:r" shall mean the person or other legal entity, including Grantor, holding
fee simple interest of record to a Buildin~ Lot which is a part of the Property, and sellers under
executory contracts of sale, but excluding those having such interest merely as security for the'
performance of an obligation.
3.17 "PetsC!n" shall mean any individual, partnership, corporation or other le@al
entity.
3.18 ~ shall mean any subdivision plat covering any portion ofthe Property as
recorded at the office of the County Recorder, Ada County, Idaho, as the same may be amended
by duly recorded amendments thereof.
3.19 "Property" shall mean those portions of the Property described on Exhibit A
attached hereto and incorporated herein by this reference, including each lot, parcel and portion
thereof and interest therein, including all water rights associated with or appurtenant to such
property.
3.20 "Re~ar Assessment" shall mean the portion of the cost of maintaining,
improving, repairinj, managing and operating the Common Areas and all Improvements located
thereon, and the other costs of an Association which is to be levied against the Property of and
paid by each Owner to the Association, pursuant to the terms hereof or the terms of this
Declaration or a Supplemental Declaration.
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3.21 "~pecia1 Assessment" shall mean the portion of the costs of the capital
improvements or replacements, equipment purchases and replacements or shortaees in Ragular
Assessments which are authorized and to be paid by each Owner to the Association pursuant to
the provisions ofthis Declaration or a Supplemental Declaration.
3.22 "S:upplementaL Declaration" shall mean any suppl~ental declaration including
additional covenan~, conditions and restrictions that misht be adopted with respect to any
portion of the Property.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WESTBOROUGH SUBDIVISION - 3
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3.23 "Westborough Subdivision Common Area" shall mean all real property in
which the Association holds an interest or which is held or maintained, permanently or
temporarily, for the common use, enjoyment and benefit of the entire W.stborough Subdivision
and each Owner therein. Westborough Subdivision Common Area may be established from time
to time by Grantor on any portion of the Property by describing it on a plat, by uanting or
reserving it in a deed or other instrument, or by designating it pursuant to this Declaration or any
Supplemental Declaration. Westborough Subdivision Common Area may include easement
and/or license rijhts.
3.24 "Westborough Subdivision" shall mean the Property.
ARTICLE IV: GENERAL AND SPECIFIC RESTRICTIONS
4.1 Structures - Qenerallv. All structures are to be'dbsigned, constructed and used
in such a manner as to promote compatibility between the types of use- contemplated by this
Declaration.
4.1.1 Use. Size and Height of Dwelling .s~ture. All Building Lots shall be
used exclusively for single-family residential purposes. No Building Lot shall be
improved except with a single.family dwdllins unit or structure. Each one-story single-
family dwelling unit or structure shall have a minimum oftwo thousand and five hundred
(2,500) square feet oflivable space, includin~ basements. Livable space shall not include
garages, car ports, patios, breezeways, storage rooms, porches or similar structures. No
two-story homes are allowed; however, bonus rooms are not considered two-story and
will be allowed.
4.1.2 Architectural Committee Review. No Improvements which will be
visible above ground or which will ultimately affect the visibility of any above ground
Improvement shall be built, erected, placed or materially altered on or remov~ from the
Property unless and until the building plans, specifications, and plot plan have been
revi.wed in advance by the Architectural Committee and the same have been approved in
writing. The review and approval or disapproval may be based upon the following
factors: design and style elements, mass and form, topography, setbacks, finished ground
elevations, architectural symmetry, draina~, color, materials, physical or aesthetic
impacts on other properties, including Common Areas, artistic conformity to the terrain
and the other Improvements on the Property, and any and all other factors which the
Architectural Committee, in its reasonable discretion, deem relevant. Said requirements
as to the approval of the architectural design shall apply only to the exterior appearance
of the Improvements. This Declaration is not intended to serye as authority for the
Architectural Committee to control the interior layout or design of residential structures
except to the extent incidentally necessitated by use, size and height. restrictions.
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DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WESTBOROUGH SUBDlVISION - 4
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4.1.3 Setbacks andReight. No residential or other structure shall be placed
nearer to the Building Lot lines or built higher than the followin~:
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Front yard setback -
Side yard setback -
Side street setback -
Rear setback -
Height restriction -
30 feet
25 feet
30 feet
30 feet
35 feet to the peak of the roof unless written
permission of th. Architectural Control Committee
is received prior to commencement of construction.
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4.1.4 Accessory Structures. Detached garages shall be allowed if in
conformity with the provisions of this Declaration, and as approved by the applicable
Architectural Committee. Garages and storage sheds shall be constructed of, and roofed
with, the same materials, and with similar colors and design, as the residential structure
on the applicable Building Lot. No playhouses, playground equipment, pools, pool
slides, diving boards, hot tubs, spas, or similar items shall ~xtend higher than five (5) feet
above the finished graded surface of the Building Lot upon which such item(s) are
located unless approved in advance.
4.1.5 Driveways. All access driveways shall have a wearing surface of
asphalt, concrete, or other hard surface materials, and shall be properly graded to assure
proper drainage.
4.1.6 Mailboxes. All mailbo""es will be of consistent design, material and
coloration and shall be located on or adjoiIling Building Lot lines at places designated by
Grantor or the Architectural Committee. oj
4.1.7 Fencing. All exterior boundary1'encing shall be white vinyl fence.
Privacy fencing may be allowed with written prior permission ofthe Architectural
Control Committee.
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4.1.8 Lighting. Exterior lighting, including flood lighting, shall be part of
the architectural concept of the Improvements on a Buildina Lot. Fixtures, standards and
all exposed accessories shall be harmonious with building design, and shall be as
approved by the applicable Architectural Committee. Lijhting shall be restrained in
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design, and excessive brightness shall be avoided. One photo-sensitive pole/yard light is
required along the street adjacent to each driveway.
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4.1.9 Garages. Each dwelling unit shall have an attached or detached fully
enclosed garage adequate for a minimum of three (3) and a maximum of four (4)
standard-size automobiles. No carports shall be allowed.
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4.2 Antennae. No exterior radio antenna, television antenna, satellite dish antenna
or other antenna of any type shall be e~cted or maintained on the Propetty unless it is located or
screened in a manner acceptable to the applicable Architectural Committee.
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DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WESTBOROUGH SUBDIVISION - 5
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4.3 Insurance Rates. Nothing shall be don. or kept on any Building Lot which will
increase the rate of insurance on any other portion of the Property without the approval of the
Owner of such other portion, nor shall anything be done or kept on the Property or a Building Lot
which would r-esult in the cancellation of insurance on any propl!tty owned or managed by any
such Association or which would be in violation of any law.
4.4 J'l~ f~u~v~on. No Building Lot may be further subdivided.
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4.5 Sigijs. No si~ of any kind shall be displayed to the public view without the
approval of the applicable Architectural Committee, except: (1) such signs as may be used by
Grantor in connection with the development of the Property and sale of Building Lots; (2)
temporary signs naming the contractors, the architect, and the lending institution for a particular
construction operation; (3) such signs identifying Westborough Subdivision, or informational
signs, of customary and reasonable dimensions as prescribed by the Architectural Committee
may be displayed on or from the Common Area; and (4) one (1) sign of customary and
reasonable dimensions as prescribed by the Architectural Committee as may be displayed by an
Owner other than Grantor on or from a Building Lot advertising the residence for sale or lease.
A customary "for sale" or "for lease" sign not more than three (3) teet by two (2) feet shall not
require Architectural Committee approval. Without limiting the foregoing, no siifi shall be
placed in the Common Area without the written approval of the applicable Architectural
Committee.
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4.6 Nuisances. No rubbish or debris of any kind shall be placed or permitted to
accumulat(!l anywhere upon the Property, including Common Mea or vacant Building Lots, and
no odor shall be permitted to arise therefrom so as to render the Property or any portion thereof
unsanitary, unsightly, offensive or detrimental to the Property or to its occupants, or to any other
property in the vicinity thereof or to its occupants. No noise or other nuisance shall be permitted
to exist or operate upon any portion of the Property so as to be offensive or detrimental to the
Property or to its occupants or to other property in the vicinity or to its occupants. Without
limiting the g~erality of any of the foregoing provisions, no exterior speakers, horns, whistles,
bells or other sound devices (other than security devices used exclusively for security purposes
which have been approved by the Association), flashing lights or search lights, shall be located,
used or placed on the Property without the prior written approval of the Association.
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4.7 Exterior Maintenance: Owner's Qbligations. No Improvement shall b.
permitted to fall into disrepair, and each Improvement shall at all times be kept in good condition
and repair. In the event that any Owner shall permit any Improvement, including trees and
landscaping, which is the responsibility of such Owner to maintain, to fall into disrepair so as to
create a dangerous, unsafe, unsightly or unattractive condition, or damages property or facilities
on or adjoining their Building Lot which would otherwise be the Associations' responsibility to
maintain, the Board of the Association, upon fifteen (15) days prior written notice to the Owner
of such property, shall have the right to correct such condition, and to enter upon sucl1' Owner's
Building Lot for the purpose of doing so, and such Owner shall promptly reimburse the
Association, as the case may be, for the cost thereof. Such cost shall be a Limited Assessment
and shall creat~ a lien enforceable in the same manner as other Assessments set forth in Article
IX of this Declaration. The Owner of the offending property shall be personally liable, and such
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DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WESTBOROUGH SUBDIVISION - 6
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Owner's property may be subject to a mechanic's lien for all costs and expenses incurred by the
Association in taking such corrective acts, plus all costs incurred in collecting the amounts due.
Each Owner shall pay all amounts due for such work within ten (10) days after receipt of written
d~mand therefor, or the amounts may, at the option ofthe Board, be added to the amounts
payable by such Owner as R~ular Assessments. Each Owner shall have the remedial rights set
. forth herein if the applicable Associations fail to exercise their rights within a reasonable time
following written notice by such Owner.
4.8 Grading and Drainage. A site plan indicating the proposed grading and
drainage of a Lot must be approved by the ACC before any construction is initiated. Lot grading
shall be kept to a minimum and Buildings are to 'be located for preseryation of the existing
grade(s). Builder is 'expressly responsible to ensure proper drainage and run off from said
Buildina Lot.
4.9 No Hazardous Activities. No activities shall be conducted on the Property, and
no Improvements constructed on any property which are or might be unsafe or hazardous to any
person or property.
4.10 Unsightly Articles. No unsightly articles shall be permitted to remain on any
Building Lot so as to be visible from any other portion of the Property. Without limiting the -
generality ofthe foregoing, refuse, garbage and trash shall be kept at all times in such containers
and in areas approved by the applicable Architectural Committee. No clothing or fabrics shall be
hung, dried or aired in such a way as to be visible to 9ther property, and no equipment, heat
pumps, compressors, containers, lumber, firewood, gtass, shrub or tree clippings, plant waste,
metals, bulk material, scrap, refuse or trash shall be kept, stored or allowed to accumulate on any
Building Lot except within an enclosed structure or as appropriately screened from view. No
vacant residential structures shall be used for the storage of building materials.
4.11 ,~o Temporary Structures. No house trailer, mobile home, tent (other than for
short term individual use), shack or other temporary building, improvement or structure shall be
placed upon any portion of the Property, except temporarily as may be required by construction
activity undertaken on the Property.
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4.12 No lJnscreened Boats. C;ampers and Other Vehicles. No boats, trailers,
campers, all-terrain vehicles, motorcycles, recreational vehicles, bicycles, dilapidated or
unrepaired and unsightly vehicles or similar equipment shall be placed upon any portion of the
Property (including, without limitation, stre>'lets, parking areas and driveways) unless the same are
partially enclosed by a structure limiting the view oftheni'in a manner approved by the
applicable Architectural Committee. One recreational vehicle may be excepted from this
enclosure requirement.
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4.13 No Mining or Drilling. No portion ofthe Property shall be used for the purpose
of mining, quarrying, drilling, boring or exploring for or removing water, oil, Bas or other
hydrocarbons, minerals, rocks, stones, sand, gravel or earth. This paragraph 4.16 shall not
prohibit exploratory drilling or coring which is necessary to construct a residential structure or
Improvements.
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DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WESTBOROUGH SUBDIVISION - 7
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4.14 Energy Devices. Qutside. No energy production devices, ~~luding but not
limited to aenerators of any kind and solar energy devices, shall be constructed or maintained on
any portion of the Property without the written approval of the applicable Architectural
Committee, except for heat pumps shown in the plans approved by the Architectural Committee.
This paragraph 4.17 shall not apply to passive solar energy systems incorporated into the
approved design of a residential structure.
4.15 Vchic~s. The use of all vehicles, including but not limited to trucks,
automobiles, bicycles, motorcycles and snowmobiles, shall be subject to all Association Rules,
which may prohibit or limit the use thereof within Westborough Subdivision. No on-street
parking shall be permitted except where expressly designated for parking use.
4.16 Animals/Pets. No animals, birds, insects, pigeons, poultry or livestock shall be
kept on the Property unless the presence of such crea~s does not constitute a nuisance.
4.17 Landscaping. The Owner of any Building Lot shall sod or hydro seed the front
and the side yards and shall seed the back yard and landscape such Building Lot in conformance
with the landscape plan approved by the Association, and as approved by the applicable
Architectural Committee, within six (6) months after said Owner shall occupy the dwelling
structure on said Building Lot, weather permitting. Prior to construction of Improvements, the
Owner (or any Association to which such responsibility has been assigned) shall provide
adequate irrigation and maintenance of existing trees and landscaping, shall control weeds, and
maintain the Owner's (or Association's) property in a clean and safe condition free of debris or
any hazardous condition. All trees located on common Building Lot lines shall be the joint
responsibility of the adjoining Buildin! Lot owners. All landscaped Common Areas shall be
irrigated by an underground sprinkler system.
The Board and/or applicable Architectural Commi~e may adopt rules regulating
landscaping permitted and required. In the event that any Owner shall fail to install and maintain
landscaping in conforman~ with such rules or shall allow such Owner's landscaping to
deteriorate to a dangerous, unsafe, unsightly or unattractive condition, the Board, upon fifteen
(15) days' prior written notice to such Owner, shall have the right to correct such condition and to
enter upon such Owner's property for the. purpose of doing so, and such Owner shall promptly
reimburse the Association for the cost thereof. Such cost shall be a Limited Assessment and
shall create a lien enforceable in the same manner as other Assessments as set forth in Article IX.
Following commencement of any construction of any hnprovement, construction shall be
diligently pursued and completed as soon as reasonably practical. All landscaping on a Building
Lot, unless otherwis~ specified by the applicable Architectural Committee, shall be completed as
soon as reasonably practical following completion oftfle residential structure on such Buildinj
Lot. The initial landscaping shall include, as a minimum, sod in the front and side yards, sod or
grass s.eded in the rear yards, two (2) flowering trees of at least two inch (2") caliper or one (1)
pine tree' at least six feet (6') in height and one (1) flowering tree of at least two inch (2") caliper
in the front yard, three (3)-five (5) gallon plants and five (5)-one (1) gallon shrubs in the front
yard. The use of berms and sculptured planting areas are encouraged.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WESTBOROUGH SUBDIVISION - 8
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4.18 Exemption of Grantor. Nothing contained herein shall limit the right of Grantor
to subdivide or resubdivide any portion of the Property, to grant licenses, to reserve rights-of-way
and easements with respect to Common Area to utility companies, public agencies or others, or
to complete excavation, gradini and construction of Improvements to and on any portion of the
Property owned by Grantor, or to alter the foregoing and its construction plans and designs, or to
construct such additional hnprovements as Grantor deems advisable in the course of
development of the Property so long as any Building Lot in the Property remains unsold. Such
right shall include, but shall not be limited to, erecting, constructing and maintaining on the
Property such structures and displays as may be reasonably necessary for the conduct of Grantor's
business of completing the work and disposing of the same by sales lease or otherwise. Grantor
shall have the right at any time prior to acquisition 0& title to a Building Lot by a purchaser from
Grantor to grant, establish and/or reserve on that Building Lot additional licenses, reseryations
and rights-of-way to Grantor, to utility companies, or to others as may from time to time be
re~onably necessary to the proper development and disposal ofthe Property. Grantor may use
any structures owned by Grantor on the Property as model home complexes or real estate sales or
leasing offices. Grantor need not seek or obtain Architectural Committee approval of any
Improvement constructed or placed by Grantor on any portion of the Property owned by Grantor.
The rights of Grantor hereunder may be ass~ed by Grantor to any successor in interest in
connection with Grantor's int~rest in any portion of the Property, by an express written
assignment recorded in the Office ofthe Ada County Recorder.
4.19 Water Rights Appurtenant to Subdivision Lands. Within 120 days of the date of
the recording of this Declaration, Grantor shall transfer from the Property subj ect to this
Declaration, and within the boundari~ of an irrigation entity, as defined in said Section 31-3805,
Idaho Code, all water rights and assessment obligations appurtenant to the Property to the
Association.
4.20 COlliitructioB Requirements. Each Dwelling Unit may have wood siding, a
combination of wood, stone, manufactured or synthetic stone, stucco, masonry or masonite
siding. Each Dwelling Unit must have exterior brick, stone-, manufactured or synthetic stone or
stucco on the front elevation. All roofs shall be comprised of thirty (30) year architectural
shingles, shakes or tile as may be approved by the Architectural Control Committee with a
minimum 6/12 pitch. Each roof shall have a minimum of three (3), but preferably five (5), roof
breaks. The exterior surfaces of each Dwelling Unit shall have such colors as may be approved
by the Architectural Control CommittCIIC. Each Dw~lling Unit must have at least two (2) exterior
lights illuminating the garage door openings and one (1) exterior light for the front entryway(s),
and shall have a photosensitive yard light or lights installed at the junction of the driveway and
public street, all as approved by the Architectural Control Committee. No,garase shall protrude
beyond the front plane of the Dwelling Unit, except in the case of a side-entry ~arage. All
driveways must be concrete or brick pa~rs.
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4.21 Commencement and Completion of Co~ta1ctioDi Job Site Maintenance. Each
Owner shall commence construction on the Dwelling Unit to be located on the Owner's Lot
within two (2) years of the purchase thereof and, once construction has b(tgUll, construction shall
bb diligently prosecuted to completion within nine (9) months.thereafter. Job sites are to be kept
as clean as possible during construction. All dirt, nails, il'avel and other building materials must
DECLAIUrfION OF COVENANTS, CONDITIONS AND RESTRICTlONS FOR WESTBOROUGH SUBDIVISION - 9
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be removed from the street and sidewalk daily. Work vehicles shall not be parked in front of
occupied houses, nor shall they block streets. Power and water must not be used from existing
dwellings without the prior permission of the Owner. Dumpsters arC' the responsibility of the
Owner or his contractor, and shall be kept orderly at all tim'eS and emptied on a timely basis. All
contractors and subcontractors shall be prohibited from keeping dogs at the job site. Each Owner
shall be responsible to repair any damage to any road, mailbox, utility facility or other on-site or
off-site improvement caused by the Owner or the Owner' s ~ents or contractors during the
construction of any improvements on the Owner' 5 Lot. In the event an Owner or his contractor
shall fail or refuse to comply with the job site maintenance requirements of this section, the
Grantor or the Association may take such remedial action as it deems appropriate, including, but
not limited to, the cleanup ofthe property, the costs of which may be added to and become a part
of the assessment to which such Owner's lot is subject.
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ARTICLE V: WESTBOROUGH SUBDIVISION HOMEOWNERS' ASSOCIATION
5.1 Organizatio.Q of West borough Sub<jvision Homeowners' Association.
Westborough Subdivision Homeowners' Association, Inc. ("Association") shall be initially
organized by Grantor as an Idaho non-profit corporation under the provisions ofthe Idaho Code
relating to general non-profit corporations and shall be charged with the duties and invested with
the powers pr~scribed by law and set forth in the Articles, Bylaws and this Declaration. Neither
the Articles nor the Bylaws shall be amended or otherwise changed or interpreted so as to be
inconsistent with this Declaration.
5.2 Membership. Each Owner, by virtue of being an Owner and for so long as such
ownership is maintained, shall be a Member of the Association and no Owner shall have more
than one membership in the Association. Memberships in the Association shall be appurtenant
to the Building Lot or other portion of the Property owned by such Owner. The memberships in
the Association shall not be transferred, pledged, assigned or alienated in any way except upon
the transfer of Owner's titl. and then only to the transferee of such title. Any attempt to make a
prohibited membership transfer shall be void and will not be reflected on the books of the
Association.
5.3 VotiD{>". Voting in the Association shall be carried out by Members who shall
cast the votes attributable to the Building Lots which they own, or attributable to the Building _
Lots owned by Grantor. The number of votes any Member may cast on any issue is determined '-'
by the number of Building Lots which the Member, including Grantor, owns. When more than
one p<<son holds an interest in any Building Lot, all such persons shall be Members but shall
share the votes attributable to the Building Lot. For voting purposes, the Association shall have
two (2) classes of Members as described below.
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5.3.1 Class A Members. Owners other than Grantor shall be known as Class
A Members. Each Class A Member shall be entitled to cast one (1) vote for each
Building Lot owned by such Class A Member on the day of the vote.
5.3.2 <;;lass B ~.ers. The Grantor shall be known as the Class B
Member, and shall be entitled to ten (10) votes for each Building Lot of which Grantor is
thl!! Owner. The Class B Member shall cease to be a voting Member in the Association
when the total cumulative votes of the Class A Members -equal or exceed the total votes
of the Class B Members provided that the Class B membership shall not cease before the
expiration of ten (10) years from the date on which the first Building Lot is sold to an
Owner.
Fractional votes shall not be allowed. In thc'event that joint Owners are unable to agree
among themselves as to how their vote or votes shall be cast, they shall lose their right to vote on
the matter being put to a vote. When an Owner casts a vote, it will thereafter be presumed
conclusively for all purposes that such Owner was acting with authority and consent of all joint
Owners ofthe Building Lot(s) from which the vote derived. The right to vote may not be severed
or separated from the ownership of the Building Lot to which it is appurtenant, except that any
Owner may give a revocable proxy, or may assign such Owner's right to vote to a lessee,
mortgagee, beneficiary or contract purchaser of the Building Lot concerned, for the term of the
lease, mortg3@;e, deed of trust or contract. Any sale, transfer or conveyance of such Buildins Lot
to a new Owner shall operate automatically to transfer the appurtenant voting right to the Owner,
subject to any assignment ofthe right to vote to a lessee, mortgagee, or beneficiary as provided
herein.
The authority of the Association, and the right to vote, shall be limited to the individual
residential lots created by the initial plat to Westborough Subdivision.
5.4 Board of Directors and Officers. The affairs of the Association shall be
conducted and managed by a Board of Directors ("Board") and such officers as tbt Board may
elect or appoint, in accordance with the Articles and Bylaws, as the same may be amended from
time to time. The Board of the Association shall be elected in accordance with the provisions set
forth in the Association Bylaws.
5.5 Power and Duties of the Association.
5.5.1 Powers. The Association shall have all the powers of a corporation
organized under the general corporation laws of the State ofldaho subject only to such
limitations upon the exercise of such powers as are expressly set forth in the Articles, the
Bylaws, and this Declaration. The Association 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 Idaho law and under this Declaration, and the Articles and Bylaws,
and to do and perform any and all acts which may be necessary to, proper for, or
incidental to the proper management and operation of the Common Area and the
DECLARA nON OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WESTBOROUGH SUBDIVISION. 11
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Declaration's other assets, including water rights when and ifrecGived from Grantor, and
affairs and the performance of the other responsibilities herein assigned, including
without limitation:
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5.5.1.1 Assessments. The power to levy Assessments on any
Owner or any portion of the Property and to force payment of such
Assessments, all in accordance with the provisions of this Declaration. An
Association set up fee of $200.00 and a site clean up fee of $300.00 shall be
charged upon the closing of each Building Lot. The initial annual association
fee shall be $300.00 per year, which amount is subject to change by the Board
of Directors of the Association. "i
5.5.1.2 ~g!lt of Enforcement. The power and authority from
time to time in its own name, on its own behalf, or on behalf of any Owner who
consents thereto, to commence and maintain actions and suits to restrain and
enjoin any breach or threatened breach ofthis Declaration or the Articles or the
Bylaws, including the Association Rules adopted pursuant to this Declaration,
and to enforce by injunction or otherwise, all provisions hereof.
5.5.1.3 Delegation of Powers. The authority to delegate its
power and duties to committees, officers, employees, or to any person, firm or
corporation to act as manager, and to contract for the maintenance, repair,
replacement and operation of the Common Area. Neither the Association nor
the members of its Board shall b~ liable for any omission or improper exercise
by the manager of any such duty or power so delegated.
5.5.1.4 Association Rules. The power to adopt, amend and
repeal by majority vote of the Board such rules and regulations as the
Association deems reasonable. The Association may govern the use of the
Common Areas, including but not limited to the use of private streets by the
Owners, their families, invitees, licensees, lessees or contract purchasers;
provided, however, that any Association Rules shall apply equally to all Owners
and shall not be inconsistent with this Declaration, the Articles or Bylaws. A
copy of the Association Rules as they may from time to time be adopted,.
amended or repeaNd, shall be mailed or otherwise delivered to each Owner.
Upon such mailinj or delivery, the Association Rules shall have the same force
and effect as if they were set forth in and were a part of this DC!Claration. In the
:event of any conflict between such Association Rules and any other provisions
of this Declaration, or the Articles or Bylaws, the provisions of the Association
Rules shall be deemed to be superseded by the provisions of this Declaration,
the Articles or the Bylaws to the extent of any such inconsistency.
5.5.1.5 Emergency Powers. The power, exercised by the
Association or by any person authorized by it, to enter upon any property (but
not inside any building constructed thereon) inthe event of any emergency
involving illness or potential danger to life or property or when necessary in
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WESTBOROUGH SUBDIVISION - 12
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connection with any maintenance or construction for which the Association is
responsible. Such entry shall be made with as little inconvenience to the Owner
as practicable, and any damage caused thereby shall be repaired by the
Association.
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5.5.1.6 Licenses. Easements and Rights-Qi-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 Common Area, and for
the preservation of the health, safGty, convenienOle and the welfare of the
Owners, for the purpose of constructing, erecting, operating or maintaining:
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5.5.1.6.1 Underground lines, cables, wires, conduits
or other devices for the transmission of electricity or electronic
.signals-for lighting, heating, power, telephone, television or other
purposes, and the above ground lighting stanchions, meters, and other
facilities associated with the provisions of lighting and services; and
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5.5.1.6.2 Public sewers, storm drains, water drains
and pipes, water supply systems, sprinkling systems, heating and ias
lines or pipes, and any similar public or quasi-public improvements or
facilities.
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5.5.1.6.3 Mailboxes and sidewalk abutments around
such mailboxes or any service facility, berm, fencing and landscaping
abutting common areas, public and private streets or land conveyed for
any public or quasi-public purpose including, but not limited to,
bicycle pathways.
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The right to grant such licmses, easements and rights-of-way are he~by
expressly reserved to the Association and may be granted at any time prior to
twenty-one (21) years after the death of the issue of the individuals executing
this Declaration on behalf of Grantor who are in bein~ as of the date hereof.
5.5.2 Duties. In addition to duties necessary and proper to carry out the
power delegated to the Association by this Declaration, and the Articles and Bylaws,
jjl without limitins the generality thereof, the Association or its agent, if any, shall have the
authority and the obligation to conduct all business affairs oftffe Association and to
perform, without limitation, each ofthe following duties:
5.5.2.1 Op'eration and Maintenance ofWcstboIollj'h ~ubdivision
ko~n Area. Operate, maintain, and otherwise manage or provide for the
operation, maintenance and management of West borough Subdivision Common
Area (other than Local Common Area), including the repair and replacement of
property damaged or destroyed by casualty loss.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WESTBOROUGH SUBDIVISION - 13
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Specifically, the Association shall. at Grantor's sole discretion, operate
and maintain all properties owned by Grantor which are designated by Grantor
for temporary or permanent use by Members of the Association.
5.5.2.2 Reserve Account. Establish and fund a reserve account
with a reputable banking institution or savings and loan association or title
insurance company authorized to do business in the State ofIdaho, which
reserve account shall be dedicated to the costs of repair, replacement,
maintenance and improvement of the Common Area.
5.5.2.3 Maintenaijce of Berms. Retaining Walls and Fences.
Maintain the berms. retaining walls, fences and water amenities within and
abutting Common Area. Maintain the water amenities constructed by Grantor
or Association located in that certain easement in, over and through Building
Lots as shown on the Plat.
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5.5.2.4 Taxes and Assessments. Pay all real and personal
property taxes and Assessments separately levied ajainst Westborough
Subdivision Common Area or against Westborough Subdivision, the
Association and/or any other property owned by the Association. Such taxes
and Assessments may be contested or compromised by the Association.
provided, however, that such taxes and Assessments are paid or a bond insuring
payfuent is posted prior to the sale or disposition of any property to satisfy the
payment of such taxes and Assessments. In addition, the Association shall pay
all other federal, state or local taxes, including income or corporate taxes levied
against the Association, in the event that the Association is denied the status of
a tax exempt corporation.
5.5.2.5 Wat&- and Other Vtiliyes. Acquire, provide and/or pay
for water, sewer, garbage disposal, refuse and rubbish collection, electrical,
telephone and ~as and other necessary services for Westborough Subdivision
Common Area, and to manage for the benefit of West borough Subdivision all
water ri@hts and rights to receive water h.ld by the Association, whether such
rights are evidenced by license, permit. claim, stock ownership or otherwise.
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5.5.2.6 Insurance. Obtain insuran~e from reputable insurance
companies authorized~:~o do business in the State ofIdaho, and maintain in
eff~ct any insurance policy the Board deems necessary or advisable, including,
without limitation the following policies of insurance:
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5.5.2.6.1 Fire insurance including those risks
embraced by coveraje of the type known as the broad form "All Risk"
or special extended coverage endorsement on a blanket agreed amount
basis for the full insurable replacement value of all Improvements,
equipment and fixtures located within Westborough Subdivision
Common Area.
DECLARATION OF COVENANTS, CONDITlONS AND RESTRlCfIONS FOR WESTBOROUGH SUBDIVISION - 14
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i!l5.5.2.6.2 Comprehensive public liability insurance
insuring the Board, the Association, the Grantor and the individual
grantees and agents and employees of each of the foregoing against
any liability incident to the ownership and/or use of West borough
Subdivision Common Area. Limits of liability of such coverage shall
be as follows: Not less than One Million Dollars ($1,000,000) per
person and One Million Dollars ($1,000,000) per occurrence with
respect to personal injury or death, and One Million Dollars
($1,000,000) per occurrence with respect to property damage.
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5.5.2.6.3 Full coverage directors' and officers' liability
insurance with a limit of at least Two Hundred Fifty Thousand Dollars
($250,000).
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5.5.2.6.4 Such other insurance, including motor
vehicle insurance and Workmen's Compensation insurance, to the
extent necessary to comply with all applicable laws and indemnity,
faithful performance, fidelity and other bonds as the Board shall deem
necessary or required to carry out the Association functions or to
insure the Association a!ainst any loss from malfeasance or dishonesty
of any employee or other person charged with the management or
possession of any Association funds or other property.
5.5.2.6.5 The Association shall be deemed trustee of
the interests of all Owners in connection with any infuranc~ proceeds
paid to the Association under such policies, and shall have full power
to receive such Owner's interests in such proceeds and to deal
therewith.
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5.5.2.6.6 Insurance premiums for the above insurance
coverage shall be deemed a common expense to be included in the
Regular Assessments levied by the Association.
5.5.2.7 Rule Malting. Make, establish, promulgate, amend and
repeal such Association Rules as the Board shall deem advisable.
5.5.2.8 _ Newsletter. If it so elects, prepare and distribute a
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newsletter on matters of general interest to Association Members, the cost of
which shall be included in Regular Assessments.
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5.5.2.9 Architectura~Committee. Appoint and remove members
of the Architectural Committee, subject to the provisions of this Declaration.
5.5.2.10 Enforcement of Restrictions and Rules. Perform such
other acts, whether or not expressly authorized by this Declaration, as may be
reasonably advisabl~ or necessary to enforce any of the provisions of the
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WESTBOROUGH SUBDIVISION -15
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Declaration, or of the Articles or Bylaws, including, without limitation, the
recordation of any claim of lien with the Ada County Recorder, as mo~ fully
provided herein.
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5.6 ~ersonal Liability. No Member of the Board, or member of any committee of
the Association, or any officer of the Association, or the Grantor, or the manager, if any, shall be
personally liable to any Owner, or to any other party, including the Association, for any damage,
loss or prejudice suffered or claimed on the account of any act, omission, error or negligence of
the Association, the Board, the manager, if any, or any other representative or employee of the
Association, the Grantor, or the Architectural Committee, or any other committee, or any officer
of the Association, or the Grantor, provided that such person, upon the basis of such information
as may be possessed by such person, has acted in good faith without willful or intentional
misconduct.
5.7 Budgets and Financial Statements. Financial statements for the Association
shall be prepared rejUlarly and copies shall be distributed to each Member ofthe Association as
follows:
5.7.1 A pro forma operating statement or budget, for each fiscal year shall be
distributed not less than sixty (60) days before the beginnins of each fiscal year. The
operating statement shall includl a schedule of Asslssments received and receivable,
identified by the Building Lot number and the name of the person or entity assigned. 'rl
5.7.2 Within thirty (30) days after the close of each fiscal year, the
Association shall cause to be prepared and delivered to each Owner, a balance sheet as of
the last day of the Association's fiscal year and annual operating statements reflecting the
income and expenditures of the Association for its last fiscal year. Copies of the balance
sheet and operating statement shall be distributed to each Member within ninety (90)
days after the end of dfch fiscal year.
5.8 Meetings of Association. Each year the Association shall hold at least one
meeting of the Members, according to the schedule for such meetings establish~d by the Bylaws;
provided, that such meeting shall occur no earlier than April 15 and no later than May 31 each
year. Only Members shall be entitled to attend Association meetings, and all other persons may
be excluded. Notice for all Association meetings, ~gular or special, shall be given by ~gular
mail to all Members, and any person in possession of a Buildin8 Lot, not less than ten (10) days
nor more than thirty (30) days before the meeting and shall set forth tho place, date and hour of
th~meeting and the nature of the business to b~ conducted. All meetings shall be held within the
Property or as close thereto as practical at a reasonable place selected by the Board. The
presence at any meeting in person of the Class B Member where there is such a Member, and of
the Class A Members represCKlting Owners holdin,g at least thirty percent (30%) ofthe total votes
of all Class A Members, shall constitute a quorum. If any meeting cannot be held because a
quorum is not present, the Members present may adjourn the meeting to a time not less than ten
(10) days nor more than thirty (30) days from the time the original meetins was scheduled. A
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WESTBOROUGH SUBDIVISION - 16
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second meeting, may be called as the result of such an adjournment, provided notice is given as
provided above. At any such meeting properly called, the presence of any Member shall
constitute a quorum.
ARTICLE VI: INTENTIONALLY DELETED
ARTICLE VIT: INTENTIONALLY DELETED
ARTICLE VITI: PRESSURIZED IRRIGATION
8.1 Irrigation District SWvi~e. The Association provides pressurized irrigation
water seryice to all Lots. Lot Owners shall be required to pay an assessment based on Lot area to
the District whether or not water is actually used. Lot Owners are prohibit&! from makiIli any
cross connection or tie in between the irri~ation water system and their domestic water systems.
WATER FROM THE IRRIGATION WATER SYSTEM IS NOT DRINKABLE; EACH LOT
OWNER SHALL BE RESPONSIBLE TO ENSURE THAT IRRIGATION WATER WITHIN
THE BOUNDARIES OF SUCH OWNER'S LOT IS NOT CONSUMED BY ANY PERSON
OR USED FOR CULINARY PURPOSES.
ARTICLE IX: ASSESSMENTS
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9.1 ~ovellant to fay Assessments. By acceptance of a deed to any property in
Westborough Subdivision, each Owner of such property hereby covenants and agrees to pay
when due all Assessments or charges made by the Association, including all Regular, Special and
Limited Assessments and charges made against such Owner pursuant to the provisions of this
Declaration or other applicable instrument. ,~
9.1.1 Assessment <;<wtitutes Lien. Such Assessments and charges together
with interest, costs and reasonable attorneys' fees which may be incurred in collecting the
same, shall be a char~ on the land and shall be a continuing lien upon the property
against which each such Assessment or charge is made.
9.1.2 Assessment is PCif~ona.~ 9.br~.I.at~W1' Each such Assessment, together
with interest, costs and reasonably attorneys' fees, shall also be the personal obliaation of
the Owner of such property beginning with the time when the Assessment falls due. The
personal obligation for delinquent Assessments shall not pass to such Owner's successors
in title unless expressly assumed by them but shall remain such Owner's personal
obligation regardless of whether he remains an Owner.
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9.2 Regular Nse~ments. All Owners, including the Grantor, are obligated to pay
Regular Assessments to the treasurer of the Association on a schedule of payments established by
the Board.
9.2.1 Purpose ofRegul-3I' ~ssessments. The proceeds from Regular
Assessments are to be used to pay for all costs and expenses incurred by the Association,
including legal and attorneys fe~ and other professional fees, for the conduct of its
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICITONS FOR WESTBOROUGH SUBDIVISION - 17
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affairs, including without limitation the costs and expenses of construction,
improvement, protection, maintenance, repair, management and operation of the
Common Areas, including all Improvements located on such areas owned and/or
managed and maintained by such Association, 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 (coll~ctively "Expenses").
9.2.2 Computation of Regular Assessments. The Association shall compute
the amount of its Expenses on an annual basis. The Board shall compute the amount of
Regular Assessments owed beginning the first day of the third month following the
month in which the closing of the first sale of a Buildilli Lot occurred in Westborough
Subdivision for the purposes ofthe Association's Regular Ass@ssment ("Initiation Date").
Thereafter, the computation of Regular Assessments shall take place not less th~ thirty
(30) nor more than sixty (60) days before the beginning of each fiscal year ofthe I
Association. The computation of the Regular Assessment for the period from the
Initiation Date 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.
." '.Ii 9.2.3 Amounts Paid by Owners. The Board can require, in its discretion or
as provided in the Articles or Bylaws, payment of Regular Assessments in monthly,
quarterly, semi-annual or annual installments. The Regular Assessment to be paid by any
particular Owner, including Grantor, for any given fiscal year shall be computed as
follows:
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9.2.3.1 As to the Association's Regular Assessment, each Owner
shall be assessed and shall pay an amount computed by multiplying the
Association's total advance estimate of Expenses by the fraction produced by
dividing the Building Lots attributable to the Owner by the total number of
Building Lots in the Property.
9.3 Special Assesstlenti.
9.3.1 Purpose and Procedure. In the event that the Board of the Association
shall determine that its respective Regular Assessment for a given calendar year is or will
be inadequate to meet the Expenses of such Association for any reason, including but not
limited to costs of construction, reconstruction, unexp8cted repairs or I'8placement of
capital improvements upon the Common Area, attorney's fees and/or litigation costs,
other professional fees, or for any other reason, the Board thereof shall dc~rmine the
approximate amount necessary to defray such Expenses and levy a Special Assessment
against the portions of the Property within its jurisdiction which shall be computed in the
same manner as Regular Assessments. No Special Assessment shall be levied which
exceeds twenty percent (20%) of the budgeted gross Expenses of such Association for
that fijical year, without the vot60r written assent of the Owners representing a majority
of the votes of the Members of such Association. The Board shall, in its discretion,
determine the schedule under which such Special Assessment will be paid.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WESTBOROUGH SUBDIVISION. 18
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9.3.2 ~ansiste.pt UiI~i;; q( ~~swept. Every Special Ass18ssment levied by
and for the Association shall be levied and paid upon the same basis as that prescribed
for the levying and payment of Regular Assessments for such Association.
9.4 Limited Assessments. Notwithstanding the above provisions with respect to
Regular and Special Assessments, a Board may levy a Limited Assessment against a Member as
a remedy to reimburse the Association for costs incurred in bringing the Member and/or such
Member's Building Lot into compliance with the provisions of the governing instruments for
Westborough Subdivision.
9.5 Uniform Rate of Assessment. Unless otherwise specifically provided herein,
Regular and Special Assessments shall be fixed at a uniform rate per Building Lot for all
Members of the Association.
9.6 A~essment Period. Un1e6S oth..-wise provided in the Articlias or Bylaws, the
Assessment period shall commence on January 1 of each year and terminate December 31 of the
year in which the Initiation Date occurs. The first Assessment shall be pro-rated ac~ording to the
number of months remaining in the fiscal year and shall be payable in equal monthly
installments. ~.
9.7 Npt,ice anl14siessment Due Date. Ten (10) days prior written notice of Regular
and Special Assessments shall be sent to the Owner of every Building Lot subject thereto, and to
any pmson in possession of such Building Lot. The due dates for installment payment of Regular
Assessments and Special Assessments shall be the first day of each month unless some other due
date is established by the Board. Each monthly installment ofthe Regular Assessment or Special
Assessment shall become delinquent if not paid within ten (10) days after the levy thereof. There
shall accrue with each installment that is not paid within thirty (30) days after the due date shall
accrue a late fee of $25.00. The Association may bring an action against the delinquent Owner
and may foreclose the lien Cliainst such Owner's Building Lot as more fully provided herein.
Each Owner is personally liable for Assessments, together with all interest, costs and attorneys'
fees, and no Owner may exempt such Owner from such liability by a waiver of the use and
enj oyment of the Common Areas, or by lease or abandonment of such Owner's Building Lot.
9.8 ~stoppel 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 statin! whether or not, to the knowledge of the Association, a particular
Building Lot Owner is in default under the provisions of this Declaration, and further stating the
dates to which any Assessments have been paid by the Owner. Any such certificate delivered
pursuant to this paragraph 9.8 may be relied upon by any prospective purchaser or mortgagee of Ii
the Owner's Building Lot. Reliance on such Certificate may not extend to any default as to
which the signor shall have had no actual knowledge.
9.9 Special Noti~ and Ouorum Requirements. Notwithstanding anything to the
contrary contained in either the Bylaws or the Articles, written notice of any meeting called for
the purpose oflevyins a Special Assessment, or for the purpose of obtaining a membership vote
in connection with an increase in the Regular Assessment, shall be sent to all Members of the
DECLARATION OF COVENANTS, CONDITIONS AND RESTRIC'tIONS FOR WESTBOROUGH SUBDIVISION - 19
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Association and to any person in possession of a Building Lot in the applicable Tract, not less
than fifteen (15) days nor more than thirty (30) days before such meeting. At the first such
meeting called, the presence of Members or of proxies entitled to cast sixty'percent (60%) ofthe
total votes of the Association shall constitute a quorum. If such quorum is not present,
subsequent meetings may be called subject to the same notice requirem.nt, and the required
quorum at the subsequent meetings shall be fifty percent (50%) of the quorum required at the
preceding meeting. No such subsequent meeting shall be held more than thirty (30) days
following the preceding meeting.
9.10 Initiation and Transfer Assessments. Upon the initial conveyance of each Lof,
the purchaser thereof shall pay an initiation assessment in the amount of Three Hundred Dollars
($300.00). Upon each subsequent conveyance of each Lot, the purchaser thereof shall pay to the
Association a transfer assessment in the amount of One Hundred Dollars ($100.00)
ARTICLE X: ENFORCEMENT OF ASSESSMENTS; LIENS
10.1 Right to Enforce. The Association has the right to collect and enforce its
Assessments pursuant to the provisions hereof. Each Owner of a Building Lot, upon becoming
an Owner of such Building Lot, shall be deemed to covenant and agree to pay each and every
Assessment providcm for in this Declaration and agrees to the enforcement of all Assessments in
the manner herein specified. In tho 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 attorney's fees in addition to any other relief or remedy obtained against such Owner.
The Board or its authorizod Ilepresentative 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 parawaph 10.3 to enforce the liens created
hereby. 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.
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10.2.1 Creation. There is hereby created a claim of lien with power of sale on
each and 'every Building Lot to secure payment of any and all Assessments levi.d against
such Building Lot pursuant to this Declaration together with interest thereon at the
maximum ra~ 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 ofthis Declaration
shall constitute a lien on such respective Buildil1i Lots upon recordation of a claim of
lien with the Ada County Recorder. Such lien shall be prior and superiof to all other
liens or claims created subsequent to the recordation of the notice of delinquency and
claim of lien except for tax liens for real property taxes on any Building Lot and
Assessments on any Building Lot in favor of any municipal or other govemmtntal
assessing body which, by law, would be superior thereto.
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DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WESTBOROUGH SUBDIVISION - 20
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10.2.2 ~laim of Lien. Upon default of any Owner in the payment of any
Regular, Special or Limited Assessment issued hereunder, the Association may cause to
be recorded in th~ officOi of the Ada County R~order a claim of lien. The claim of lien
shall state the amount of such delinquent sums and other authorized charges (including
the cost of recording such notice), a sufficient description of the Building Lot(s) against
which the same have been assessed, and the name of the record Owner thereof. Each
delinquency shall constitute a separate basis for a notice and claim of lien, but any
number of defaults may be included within a single notice and claim of lien. Upon
payment to the Association of such delinquent sums and charges in connection therewith
or other satisfaction thereof, the Association shall cause to be recorded a further notice
stating the satisfaction of relief of such delinquent sums and charges. The Association
may demand and receive the cost of preparing and recordins such release before
recording the same. ,~
10.3 Met!wd of Foreclosure. Such lien maybe foreclosed by appropriat~ action in
court or by sale by the Association establishing the Assessment, 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 permitted by law. The Board is
hereby authorize~ 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 Requir.d Notice. Notwithstanding anything contained in this Declaration to the
contrary, no action may be brousht to foreclose the lien created by recordation of the notice of
delinquency and claim of lien, whether judicially, by po\Wr of sale or otherwise, until the
expiration of thirty (30) days after a copy of such claim of lien has been deposited in the United
States mail, certified or registered, postage prepaid, to the Owner of the Building Lot(s)
described in such notice of delinquency and claim of lien, and to the person in possession of such
Building Lot(s), and a copy thereof is recorded by the Association in the Office of the Ada
County Recorder.
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10.5 Subordination to Certain Trust Deeds. The lien for the Assessments provided
for herein in connection with a given Buildina Lot shall not be subordinate to the lien of any deed
of trust or mortgage except the lien of a first deed of trust or first mort-gage given and made in
good faith and for value that is of record as an encumbrance against such Building Lot prior to
the recordation of a claim of lien for the Assessments. Except as expressly provid~d in paragraph
10.6 with respect to a first mortgagee who acquires title to a Building Lot, the sale or transfer of
any Building Lot shall not affect the Assessment lien provided for herein, nor the creation thereof
by the recordation of a claim of lien, 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.
DECLARATION OF COVENANTS, CONDITIONS AND RESlRICTIONS FOR WESTBOROUGH SUBDIVISION - 21
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10.6 Rights of Moueagees. Notwithstanding any other provision of this Declaration,
no amendment of this Declaration shall operate to defeat the rights of the Beneficiary under any
deed of trust upon a Building Lot made in good faith and for valua:, and recorded prior to the
recordation of such amendment, provided that after the foreclosure of any such deed of trust such
Building Lot shall remain subject to this Declaration as amended.
ARTICLE XI: INSPECTION OF ASSOCIATION'S BOOKS AND RECORDS
11.1 Member's Right ofInspectiog.. The membership register, books of account and
minutes of meetings of the Board and committees ofthe Association shall be made available for
inspection and copying by any Member of the Association or by such Member's duly appointed
representatives, at any reasonable Ifime and for a purpose reasonably related fo such Member's
interest as a Member at the office of the Association or at such other place as the Board of such
Association shall prescribe. No Member or any other person shall copy the membership register
for the purposes of solicitation of or direct mailing to any Member of the Association.
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11.2 Rules Regardinl Inspection of Books and Records. The Board shall establish
reasonable rules with respect to:
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11.2.1 Notice to be given to the custodians ofthe records by the persons
desiring to make the inspection.
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11.2.2 Hours and days ofthe week when such an inspection may be made.
11.2.3 Payment of the cost of reproducing copies of documents requested
pursuant to this Article XI.
11.3 Director's Rights of Ins12ection. Every director shall have the absolute right at ".
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any reasonable time to ins~ct all books, records and documents of the Association, and the
physical properties owned or controlled by the Association. The right of inspection by a director
includes the right to make extracts and copies of documents.
ARTICLE XIT: ARCHITECTURAL COMMITTEE
12.1 Creation. Within thirty (30) days of the date on which the Grantor first conveys
a Building Lot to an Owner, Grantor shall appoint three (3) individuals to serye on Westborough
Subdivision Architectural Committee ("Architectural Committee"). Each member shall hold
office until such time as such member has resigned or has been removed, or such member's
successor has been appointed, as provided herein. A member of the Architectural Committee
need not be an Owner. Members of the Architectural Committee may be removed by the person
or entity appointing them at any time without cause.
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12.2 Grantor's Right of Appointment. At any time, and from time to time, prior to
ten (10) years after the recording date ofthis Declaration in which Grantor is the Owner of at
least ten percent (10%) of the aggregate Buildin! Lots, Grantor shall have the exclusive right to
appoint and remove all members of the Architectural Committee. At all other time~, the
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Association Board shall have the right to appoint and remove all members of the Architectural
Committee. If a vacancy on the Architectural Committee occurs and a permanent replacement
has not yet been appointed, Grantor or the Board, as the case may be, may appoint an acting
member to serye for a specified temporary period not to exceed one (1) year.
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12.3 Review of Proposed Construction. The Architectural Committee shall consider
and act upon any and all proposals or plans and sp<<:ifications submitted for its approval pursuant
to this Declaration, and perform such other duties as from tim~ to time shall be assigned to it by
the Board, includin& the inspection of construction in progress to assure its conformance with
plans approved by the Architectural Committee. The Board shall have the power to determine,
by rule or other written designation consistent with this :o.:claration, which types of
Improvements shall be submitted for Architectural Committee review and approval. The
Architectural Committee shall have the power to hire an archit~t, licensed with the State of
Idaho, to assist the Architectural Committee in its ~~view of proposals or plans and specifications
submitted to the Architectural Committee. The Architectural Committee shall approve proposals
or plans and specifications submitted for its approval only if it deems that the construction,
alterations or additions contemplated thereby in the locations indicated will not be detrimental to
the habitat of the Common Areas, or appearance of the surroundin! area of the Property as a
whole, that the appearance of any structur~ affected thereby will be in harmony with the
surrounding structures, and that the upkeep and maintenance thereof will not become a burden on
the Association.
12.3.1 Conditions on Approval. The Architectural Committee may condition
its approval of proposals or plans and specifications upon such changes therein as it
deems appropriate, and/or upon the agreement ofthe Owner submitting the same
("Applicant") to grant appropriate easements to the Association for the maintenance
thereof, and/or upon the agreement of the Applicant to reimburse the Association for the
cost of maintenance, and may require submission of additional plans and specifications
or other information before approving or disapproving material submitted.
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12.3.2 Architectural Committee Rules and Fees. The Architectural
Committee also may establish rules and/or guidelines setting forth procedures for and the
required content of the applications and plans submitted for approval. Such rules may
require a fee to accompany each application for approvals or additional factors which it
will take into consideration in reviewing submissions. The Architectural Committee
shall determine the amount of such fee in a reasonable manner. Such fees shall be used
to defray the costs and expen~s of the Architectural Committee, including the cost and
expense of hiring an architect licensed by the State ofIdaho, as provided above, or for
such other purposes as established by the Board, and such fee shall be refundable to the
extent not expended for the purposes herein stated.
Such rules and guidelines may establish, without limitation, specific rules and
re.gulations reiard~ design and style elements, landscaping and fences and other
structures such as animal enclosures as well as special architectural guidelines applicable
to Building Lots located adjacent to public and/or private open space..
DECLARATION OF COVENANTS, CONDITIONS "'ND RES'fRICTIONS FOR WESTBOROUGH SUBDIVISION - 23
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12.3.3 Detailed Plans. The Architectural Committee may require such detail
in plans and specifications submitted for its review as it deems proper, including, without
limitation, floor plans, site plans, landscape plans, drainage plans, elevation drawings and
descriptions or samples of exterior material and colors. Until receipt by the Architectural
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Committee of any requi~d plans and specifications, the Architectural Committee may
postpone review of any plan submitted for approval.
12.3.4 Architectural Committee Decisions. Decisions of the Architectural
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Committee and the reasons therefor shall be transmitted by the Architectural Committee
to the Applicant at the address set forth in the application for approval within twenty (20)
days after filing all materials required by the Archit<<;tural Committ.e. Any materials
submitted pursuant to this Article xn shall be deemed approved unless written
disapproval by the Architectural Committee shall have been mailed to the Applicant
within twenty (20) days after the date of filing said materials with the Architectural
Committee. 1}
12.4 Meetings of the Architectural Committee. The Architectural Committee shall
meet :from time to time as necessary to perform its duties hereunder. The Architectural
Committee may :from time to time by resolution unanimously adopted in writing, desiinate a
Architectural Committee representative (who may, but need not be one of its members) to take
any action or perform any duties for and on behalf of the Architectural Committee, except the
granting of variances pursuant to paragraph 12.9. In the absence of such designation, the vote of
any two (2) members of the Architectural Committee, or the written consent of any two (2)
members of the Architectural Committee taken without a meeting, shall constitute an act of the
Architectural Committee.
12.5 No Waiver oWutur! Appr~vals. The approval of the Architectural Committee
of any proposals or plans and specifications or drawings for any work done or proposed, or in
connection with any other matter requiring the approval and consent of the Architectural
Committee, shall not be deemed to constitutetll waiver of any right to withhold approval or
consent as to any similar proposals, plans and specifications, drawings or matter whatever
subsequently or additionally submitted for approval or consent.
12.6 Gompensation of Members. The members of the Architectural Committee shall
receive no compensation for seryices rendered, other than reimbursement for expenses incurred
by them in the performance of their duties hereunder and except as otherwise agreed by the
Board.
12.7 In~:pection of Work. Inspection of work and correction of defects therein shall
proceed as follows:
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12.7.1 Upon the completion of any work for which approved plans are
required under this Article xn, the Owner shall give written notice of completion to the
Architectural Committee.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICfIONS FOR WESTBOROUGH SUBDIVISION - 24
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12.7.2 Within sixty (60) days thereafter, the Architectural Committee or its
duly authorized representative may inspect such Improvement. If the Architectural
Committee finds that such work was not done in substantial compliance with the
approved plans, it shall notify the Owner in writing of such non-compliance within such
sixty (60) day period, specifyi~ the particular noncompliance, and shall require the
Owner to remedy the same.
12.7.3 Ifupon the expiration of thirty (30) days from the date of such
notification, or any longer time the Architectural Committee determines to 1>> reasonable,
the Owner shall have failed to remedy such noncompliance, the Architectural Committee '"
shall notify the Board in writing of such failure. Upon notice and hearin!, as provided in
the Bylaws, the Board shall determine whether there is a noncompliance and, if so, the
nature thereof and the estimated cost of correcting or removing the same. If a
noncompliance exists, the Owner shall remedy or remove the same within a period of not
more than forty-five (45) days from the date of the announcement of the Board ruling
unless the Board specifies a longer time as reasonable. If the Owner does not comply
with the Board ruling within such period, the Board, at its option, may either remove the
noncomplying improvement or remedy the noncompliance, and the Owner shall
reimburse the Association, upon demand, for all expenses incurred in connection
therewith. If such expens~ are not promptly repaid by the Owner to the Association, the
Board shall levy a Limited Assessment against such Owner for reimbursement pursuant
to this Declaration.
12.7.4 If for any reason the Architectural Committee fails to notify the Owner
of any noncompliance within sixty (60) days after receipt of the written notice of
completion from the Owner, the work shall be deemed to be in accordance with the
approved plans.
12.8 Non-Liabilitv of Architectural Committee Members. Neither the Architectural
Committee nor any member thereof, nor its duly authorized Architectural Committee
representatin, shall be liable to the Association, or to any Owner or Grantee for any loss,
damage or injury arising out of or in any way connected with the performatice of the
Architectural Committee's duti~ hereunder, unless due to the willful misconduct or bad faith of
the Architectural Committee. The Architectural Committee shall review and approve or
disapprove all plans submitted to it for any proposed improvement, alteration or addition, solely
on the basis of aesthetic considerations and the overall benefit or detriment which would result to
the immediate vicinity and to the Property generally. The Architectural Committee shall take
into consideration the aesthetic aspects of the architectural designs, placement of build in!,
landscaping, color schemes, exterior finishes and materials and similar features, but shall not be
responsible for reviewing, nor shall its approval of an~ plan or design be deemed approval of any
plan or design from the standpoint of structural safety or conformance with buildini or other
codes.
12.9 Vari~ces. The Archit€ctural Committee may authorize variances from
compliance with any of the architectural provisions of this Declaration, including restrictions
upon height, size, floor area or pla~ment of structures, or similar restrictions, when
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WESTBOROUGH SUBDIVISION - 2S
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circumstances such as topography, natural obstructions, hardship, aesthetic or environmental
considerations may require. However no variances will be granted for construction of structures
or Improvements, including without limitation manicured lawns, in the Common Areas. Such
variances must be evidenced in writing, must be signed by at least two (2) members of the
Architectural Committee, and shall become effective upon recordation in the office of the County
Recorder of Ada County. If such variances are ,&ranted, no violation of the covenants, conditions
or restrictions contained in this Declaration shall be deemed to have occ\ll'ftd with respect to the
matter for which the variance was granted. The granting of such a variance shall not operate to
waive any of the terms and provisions of this Declaration for any purpose except as to the
particular Building Lot and particular provision hereof covered by the variance, nor shall it affect
in any way the Owner's obligation to comply with all governmental laws and regulations
affecting such Owner's use of the Building Lot, including but not limited to zoning ordinances or
requirements imposed by any governmental or municipal aUfuority. '"
ARTICLE XIll: EASEMENTS
13.1 Easements of Encroachment. There shall be reciprocal appurtenant tlasements
of encroachment as between each Building Lot and such portion or portions of the Common Area
adjacent thereto or as between adjacent Buildi~ Lots due to the unwillful placement or settling
or shifting of the Improvements including but not limited to structures, walkways, bike paths,
sidewalks and driveways constructed, reconstructed or altered thereon in accordance with the
terms of this Declaration. Easements of encroachment shall be valid only so long as they exist,
and the rishts and obl~ations of Owners shall not be altered in any way because of
encroachments, settling or shifting of the Improvements; provided, however, that in no event
shall a valid easement for encroachment occur due to the willful act or acts of an Owner. In the
event a structure on any Building Lot is partially or totally destroyed, and then repaired or rebuilt,
the Owners of each Building Lot agree that minor encroachments over adjoining Building Lots
that existed prior to the encroachment may be reconstructed pursuant to the easement granted by
this paragraph 13.1.
13.2 Ea~ements of Access. Grantor expressly reseryes for the benefit of all the
Property reciprocal easements of access, ingress and e&ress for all Owners to and from their
respective Building Lots for installation and repair of utility services, for drainage of water over,
across and upon adjacent Building Lots, and Common Areas, resulting from the normal use of
adjoining Building Lots or Common Areas, and for necessary maintenance and repftl'r of any
Improvement including fencing, retaining walls, lijhting facilities, mailboxes and sidewalk
abutments, trees and landscaping. Such easements may be used by Grantor, and by all Owners,
their guests, tenants and invitees, residing on or temporarily visiting the Property, for pedestrian
walkways, vehicular access and such other purposes reasonably necessary for the use and
enjoyment of a Building Lot or Common Area.
13.3 Drainliie and Utility Easements. Notwithstandini anything expressly or
impliedly contained herein to the contrary, this Declaration shall be subject to all ~asements
heretofore or hereafter Ifanted by Grantor for the installation and maintenance of utilities and
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... drainage facilities that are required for the development of the Pro~erty. In addition, Grantor
hereby reserves for the benefit of any Association the right to ifant' additional easements and
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rights-of-way over the Property and/or a Tract, as appropriate, to utility companies and public
agencies as necessary or expedient for the proper development of the Property until close of
escrow for the sale of th~ last Building. Lot in the Property to a purchaser.
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13.3.1 Improvement of Drainage and Utility Easement Areas. The Owners of
Building Lots are hereby restricted and enjoined from constructins any Improvements
upon any drainage or utility easement areas as shown on the plat of Westborough
Subdivision or otherwise designated in any recorded document which would interfere
with or prevent the easement from being used for such purpose; provided, however that
the Owner of such Building Lots and the Grantor, Association or designated entity with
r~ard to the landscaping easement described in this Article Xli, shall be entitled to
install and maintain landscap~ on such easement areas, and also shall be entitled to
build and maintain fencing on such easement areas subject to approval by the Association
Architectural Committee, so long as the same would not interfere with or prevent the
easement areas from being used for their intended purposes; provided, that any damage
sustained to Improvements on the easement areas as a result oflegitimate use of the
easement area shall be the sole and exclusive obligation of the Owner of the Building Lot
whose Improvements were so damaaed.
13.4 ~ts and Duties Concernin~ Utility Easements. The rights and duties of the
Owners of the Building Lots within the Property with respect to utilities shall be governed by the
followiIl!:
13.4.1 Wh~rever utility house connections are installed within the Property,
which connections or any portions thereof lie in or upon Building Lots owned by an
Owner other than the Owner of the Building Lot seryed by the connections, the Owner of
the Building Lot served by the connections shall have the right, and is hereby granted an
easement to the full extent necessary therefor, to enter upon any Building Lot or to have
their agent enter upon any Building Lot within the Property in or upon which said
connections or any portion thereoflie, to repair, replace and generally maintain the
connections as and when it may be neoessary.
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13.4.2 Whenever utility house connections are installed within the Property,
which connections serve more than one Building Lot, the Owner of each Building Lot
seryed by the connections shall be entitlGd to full use and enjoyment of such portions of
said connections as service such Owner's Buildini Lot.
13.5 Disputes as to Sharing of Costs. In the ev!nt ofa dispute between Owners with
respect to the repair or rebuilding of utility connections or driveways, or with respect to the
sharing of the cost therefor, upon written request of one of such Owners addressed to the
Association, the matter shall be submitted to the Board which shall decide the dispute and, if
appropriate, make an appropriate Assessment against any or all of the Owners involved on behalf
of the prevailing Owner(s), which Assessment shall be collected and enforced in the manner ,.,
provided by this Declaration for Umited Assessments.
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13.6 General I,.andscape Easement. An easement is hereby reserved to each
appropriam Association, its contractors and agents, to enter those portions of Building Lots, for
the purpose of installing, maintaining, replacing and restorins exterior landscaping, and natural
vegetation and habitat. Such landscaping activity shall include, by way of illustration and not of
limitation, the mowing of lawns, irrigation, sprinkling, tree and shrub trimming and pruning,
walkway improvement, seasonal planti~ and such other landscaping activities within the
Property as such Association shall determine to be necessary from time to time.
13.7 Qverhang Easement. There shall be an exclusive easement appurtenant to each
Building Lot over the Common Areas for overhanging eaves, and for any projections from the
buildings, which projections shall not extend beyond the eave line.
13.8 Maintenance and Use Easement Between Wall. and Lot Lwes. Whenever the
wall of a structure, or a fence or retaining wall, constructed on a Building Lot under plans and
specifications approved by the Architectural Committee is located within three (3) feet of the lot
line of such Building Lot, the Owner of such Building Lot is hereby granted an easem,nt ovcr
and on the adjoining Building Lot (not to exceed 3 feet from the Building Lot line) for purposes
of maintaining and repairing such wall or flllce and eaves or other overhangs, and the Owner of
such adjoining Building Lot is hereby granted an easement for landscaping purposes over and on
the area lying between the lot line and such structure or fence so long as such use does not cause
damage to the structure of ~nce.
ARTICLE XIV: MISCELLANEOUS
14.1 Iiim."fhe easements created hereunder shall be perpetual, subject only to
extinguishment by the holders of such easements as provided by law. The covenants, conditions,
restrictions and equitable seryitudes of this Declaration shall run until December 31,2018, unless
amended as herein provided. After December 31,2018, such covenants, conditions and
restrictions shall be automatically extended for successive periods often (10) years each, unless
amended or extinguished by a written instrument executed by Members holding at least
three-fourths (3/4) of the voting power of the Association and such written instrument is recorded
with the Ada County Recorder. Further provided that the Association shall not be dissolved
without the prior written approval of the City of Meridian and Ada County Highway District,
such consent not to be unreasonably withheld provided that a responsible successor organization
shall agree to perform those maintenance'responsibilities arising from applicable city and county
governmental requirements.
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14.2 Amendment.
14.2.1 By Grantor. Except as provided in paragraph 14.3 below, until the
recordation of the first deed to a Buildin@ Lot in the Property, the pr;visions of this
Declaration may be amended, modified, clarified, supplemented, added to (collectively,
"amendment") or terminated by GrantOr by recordation of a written instrument setting
forth such mn.ldment or termination. Any amendment affecting only a particular Tract
may be madt by Grantor by an amendment to this Declaration at any time up to the
recordation of the first deed to a Building Lot in such Tract.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WESTBOROUGH SUBDIVISION - 28
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14.2.2 ~y Qwners. Except where a greatcr percentage is required by express
provision in this Declaration, the provisions of this Declaration, other than this Article
XIV, any amendment 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 Owners representing
more than fifty percent (50%) of the votes in the Association, and such amendment shall
be effective upon its recordation with the Ada County Recorder. Any amendment to this
Article XIV shall require the vote or written consent of Members holding ninety-five
percent (95%) of the voting power of the Association.
14.2.3 Effect of Amendment. Any amendment of this Declaration approved
in the manner specified above shall be binding on and effective as to all Owners and their
respective properties notwithstanding that such Owners may not have voted for or
consented to such amendment. Such amendntt!tlts may add to and increase the
covenants, conditions, restrictions and easements applicable to the Property but shall not
prohibit or unreasonably interfere with the allowed uses of such Owner's property which
existed prior to the said amendment.
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14.3 MPrtgage Protection. Notwithstanding any oth.. provision' ofthis Declaration,
no amendment of this Declaration shall operate to defeat or render invalid the rights ofthe
beneficiary under any first deed of trust upon a Building Lot made in good faith and for value,
and rC!torded prior to the recordation of such amendment, provided that after foreclosure of any
such first deed of trust such Building Lot shall remain subject to this Declaration, as amended.
14.4 Notices. Any notices permitted or required to be delivered as provided herein
shall be in writing and may be deliverecF either personally or by mail. If delivery is made by mail,
it shall be deemed to have been delivered seventy-two (72) hours after the same has been
deposited in the United States mail, postage prepaid, addressed t<1"any person at the address given
by such person to the Association for the purpose of service of such notice, or to the residence of
such person if no address .has been given to the Association. ~uch address may be changed from
time to time by notice in writing to the Association, as provided in this paragraph 14.4.
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14.5 Enforcqnent and Non-Waiver.
14.5.1 Right of Enforcement. Except as otherwise provided herein, any
Owner of any Building Lot shall have the'right to enforce any or all of the provisions
hereof against any property within the Property and OWhers thereof.
14.5.2 '" Violations and Nuisances. The failure of any Owner of a Building Lot
to comply with any provision hereof, or with any provision of the Articles or Bylaws of
any Association, is hereby declared a nuisance and will give rise to a cause of action in
the .G~antor, the Association or any Owner Building Lot(s) within the Property for
recovery of dama~es or for ne~ative or affirmative injunctive relief or both. However,
any other provision to the contrary notwithstanding, only Grantor, the Association, the
Board, or a duly authorized agent of any of them, may enforce by self-help any of the
provisions hereof only if such self-help is preceded by reasonable notice to the Owner.
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DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WESTBOROUGH SUBDIVISION - 29
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14.5.3 Violation gfLaw. Any violation of any state, municipal or local law,
ordinance or regulation pertainiIl! to the ownership, occupation or use of any property
within the Property is hereby declared to be a violation of this Declaration and subject to
any or all of the enforcement procedures set forth in this Declaration and any or all
enforcement procedures in law and equity.
14.5.4 Remedies Cumulative. Each remedy provided herein is cumulative
and not exclusive.
14.5.5 Non-Waiver. The failure to enforce any of the provisions herein at any
time shall not constitute a waiver of the right to enforce any such provision.
14.6 Inter.:pretation. 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
Property. This Declaration shall be construed and governed under the laws of the State of Idaho.
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14.6.1 Restrictions Construed Together. All ofthe provisions hereof shall be
liberally construed together to promote and effectuate the fundamental concepts of the
development of the Property as set forth in the recitals of this Declaration.
14.6.2 Restrictio:Qs Sevemble. Notwithstanding the provisions of the
foregoing paragraph 14.6.1, 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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14.6.3 ~in~lar Includes Pdural. 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 includin~ the masculine, feminine and neuter.
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14.6.4 Captions. All captions and titles 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.
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14.7 Succdssors and Assi.gns. All references herein to Grantor, Owners, any
Association or person shall be construed to include all successors, assigns, partners and
authorized agents of such Grantor, Owners, Association or person.
14.8 Rights Reserved by Grantor. Notwithstanding anything to the contrary
contained in this Declaration, Grantor expressly reseryes unto itself, its emplQyees, successors,
assijIls, a~ents, representatives, contractors, and their subcontractors and employees, the
following:
14.8.1 Ingress Easements. Easements and rijhts-of-way on, over and across
all or any part of the streets for vehicular and pedestrian ingress and egress to and from
any part of the Property or any adjacent real property owned by Grantor, or its successors
or assi.gns;
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14.8.2 Vtility Easem<;p.ts. Easements and rights-of-way on, over, under and
across all or part of the utility easements and all Lots, as provided on any recorded Plat of
the Property for installation, use, maintenance and repair of all lines, wires, pipes, pumps,
water wells, facilities and other things na:essary for all utility services, including, without
limitation, water, sewer, gas, oil, electricity, telephone, cable television or other similar
services, provided that any installation, maintenance or repair of such lines, wires or
pipes shall be performed with reasonable c~ and that the surface of said easement area
shall be restored~to the level and condition that existed prior to the doing of work; and
14.8.3 ~. The right to use any portion of the Property, where applicable, to
facilitate and complete the development of the Property, and any annexed property,
including, without limitation, for:
14.8.3.1
and/or storage;
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Construction, excavation, grading, landscaping, parking
14.8.3.2 Maintenance and operation ofa sales office, and model
unit~ for sales purposes;
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14.8.3.3 The showing to potential purchasers of any unsold Lot,
unit or improvements within the Property;
14.8.3.4 Display of signs to aid in the sale of any unsold Lots and
units, or all or part ofthe'Property;
14.8.3.5 ", Construction, operation and maintenance of all or any
portion of any MaintenancC!JI Areas by Grantor, its successors or assigns;
14.8.3.6 Use of the irrigation system for irrigation water for
expansion and connection of the irrigation system to any annexed property, and
the use and enjoyment of water therefrom.
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IN WITNESS WHEREOF, Grantor has set its hand this 17- day of March, 2004.
GOLD CREEK DEVELOPERS, LLC,
an Idaho limited liability company
By: f<.?1 -
R. Cra1S Groves, Manaling Member
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DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WESTBOROUGH SUBDIVISION - 31
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STATE OF IDAHO
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County of Ada )
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On this -t:l- day of March, 2004, before me, the undersigned, a Notary Public in and
for said State, personally appeared R. CRAIG GROVES, known or identified to me to be the
Managing Member of Goldcreek Developers, LLC, the limited liability company that executed
the instrument or the person who executed the instrument on behalf of said company, and
acknowledged to me that such company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year :.:rtificate first above vi'ritten. '6l n . ~
~I.~ C\\AEL '1' Notary~:l
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