Swain's Creek Pines Lot Owners' Association

Key facts from Swain's Creek Pines Lot Owners' Association's documents

Reflects the 1974 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

Lot Owners' Association (HOA) – Utah nonprofit corporation named Swain's Creek Pines Lot Owners' Association (Paragraph 19; Articles of Incorporation )

Units / lots

95 lots (lots 257-351 inclusive) (Description: 'lots numbered 257-351, bot)

Developer / declarant

J. B. Investment Co., a Utah corporation (First paragraph)

Governing law

Utah Nonprofit Corporation Act (referenced in Articles of Incorporation Article III, clause 9) (Articles of Incorporation, Article III, )

Assessments & dues

Assessments levied by the corporation upon lot owners for corporate purposes; amounts determined by the Board. (Articles of Incorporation Article VI and)

Collections & liens

Unpaid assessments become a lien on the lot; mortgage/deed of trust for permanent financing is superior to the assessment lien. Enforcement costs and attorney fees also become a lien. (Articles of Incorporation Article VI; Pa)

Reserves & fees

Fines assessed accrue interest and late fees as provided in governing documents and SCPLOA Fee Schedule (not specified in declaration). (Rule Regarding Enforcement and Fines, Se)

Pets

Only dogs, cats, and pet birds (except parrots) in reasonable numbers as pets for personal use, not commercial. Birds must be confined in cages. No other animals, birds, or fowl. (Paragraph 10)

Fences

No fence without written approval of reversionary owner; application must specify type, materials, location; fence must be constructed of natural wood and minimize detrimental effect on natural mountainous setting. (Paragraph 18)

Architectural approval

Plans and specifications for all structures must be submitted to the reversionary owner for written approval regarding quality, workmanship, materials, harmony of external design, size, location, topography, and finish grade elevation befor (Paragraph 12)

Signs & flags

No billboards or advertising signs; only a name and address sign with design furnished by reversionary owner is permitted. Reversionary owner may waive for sale promotion; owner may erect signs necessary for subdivision operation. (Paragraph 7)

Setbacks / home size

No building, structure, fence, outbuilding, or appurtenance shall be located closer than 15 feet from any lot or property line. (Paragraph 6)

Use restrictions

Each lot is for single-family residential purposes only; no business or multiple-family dwellings. Exceptions: lots 287, 288, 317-323 may be used for commercial purposes if zoned commercial before sale as residential. (Paragraphs 1 and 2)

Voting & meetings

One vote per lot; owners (as defined) entitled to cast one vote per lot; if multiple owners, those present cast the vote. Owners defined as those listed on county records as legal title holders or those receiving a deed or contract to purch (Articles of Incorporation Article IV)

Amendments

J. B. Investment Company may alter or amend covenants at any time prior to conveyance or sale of any lot; thereafter unanimous written consent of all lot owners required. (Paragraph 23)

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