Smith Creek Park

Key facts from Smith Creek Park's documents

Community type

Covenant / Planned Community

Legal name

Smith Creek Park Owners Association

Developer / declarant

Owen Baldwin, Doris Baldwin, and Charles Baldwin

Assessments & dues

Maximum until January 1 following first lot conveyance: $100.00 for unimproved Lots, $450.00 for improved Lots (initiation defined as completion of foundation). Declarant assessed $100.00 per 35 acres. (Article 4.3)

Special assessments

May be levied for capital improvements with assent of 2/3 of votes of each class. (Article 4.4)

Collections & liens

Assessments constitute a continuing lien on the lot and a personal obligation of the owner. Association may bring action at law or foreclose the lien. (Articles 4.1, 4.8)

Reserves & fees

Purpose of assessments includes 'establishing and maintaining adequate reserves for repair, maintenance, taxes, capital improvements and other purposes'. (Article 4.2(d))

Parking & vehicles

Travel trailers, campers and motor homes may be used for temporary periods. Unused vehicles definition includes campers, house trailers, boat trailers. (Articles 5.6, 5.10)

Fences

An owner may fence out livestock with a proved four wire fencing set thirty feet back from the perimeter of the lot boundary. Additionally, a 30-foot-wide non-exclusive common use easement runs along the inside of all lot lines and must be (Articles 2.3, 2.4)

Home business

Owner may use a specifically designated portion of the lot as a home business office, provided the appropriate zoning so allows. (Article 5.1)

Signs & flags

One sign not more than five square feet per individual lot advertising it for sale or rent is allowed. No other signs, advertising billboards, unsightly objects, or nuisances shall be placed. Declarant's development signs are permissible. (Article 5.7)

Use restrictions

Individual lots shall be used for residential purposes only; no business, manufacturing, or commercial use, except a home business office if zoning allows. (Article 5.1)

Voting & meetings

Two classes: Class A (all Owners except Declarant) – one vote per Lot; Class B (Declarant) – three votes per Lot owned unless leased/rented/occupied, then same as Class A for that Lot. (Article 3.2)

Amendments

Until 20th anniversary of recording: requires approval of at least 67% of Class A lots, 90% of Class B lots, and all First Mortgagees of mortgaged lots. After 20th anniversary: Class B requirement drops to 75%. Special termination or intere (Article 7.1.1)

Extracted from the recorded governing documents and cited to them; may be incomplete and is not legal advice — verify against the official documents below.