Aspen Village Hoa Bylaws

1 Amended Elk Run Villages Declaration 2014 WHEN RECORDED RETURNT TO: 2225 Murray -Holladay Rd., Suite 111 Salt Lake City, UT 84117 AMENDED AND RESTATED DECLARATION OF ELK RUN VILLAGES HOMEOWNERS ASSOCIATION COVENANTS, CONDITIONS AND RESTRICTIONS OF LAMPLIGHT VILLAGE, MOONLIT MEADOWS, ASPEN VILLAGE & OAK MEADOWS ESTATES AT ELK RUN P.U.D.

A Planned Unit Development Magna, Utah Table of Contents Table of Contents ................................ ................................ ................................ ............................... 1 1 Definitions ................................ ................................ ................................ ................................ . 6 1.1 Articles ................................ ................................ ................................ ................................ . 6 1.2 Association ................................ ................................ ................................ ........................... 6 1.3 Board ................................ ................................ ................................ ................................ .... 6 1.4 Bylaws ................................ ................................ ................................ ................................ .. 6 1.5 Common Expense s ................................ ................................ ................................ ................ 6 1.6 Community Association Act ................................ ................................ ................................ ... 6 1.7 Declaration ................................ ................................ ................................ ........................... 6

.............. ................................ ... 6 1.7 Declaration ................................ ................................ ................................ ........................... 6 1.8 Director ................................ ................................ ................................ ................................ 6 1.9 Governing Documents ................................ ................................ ................................ ........... 6 1.10 Lot ................................ ................................ ................................ ................................ ....7 1.11 Map ................................ ................................ ................................ ................................ ...7 1.12 Member ................................ ................................ ................................ ............................. 7 1.13 Nonprofit Act ................................ ................................ ................................ ..................... 7 1.14 Owner ................................ ................................ ................................ ................................ 7 1.15 Person ................................ ................................ ................................ ................................ 7 1.16 Project ................................ ................................ ................................ ............................... 7 1.17 Resident ................................ ................................ ................................ ............................. 7

................... ............................... 7 1.17 Resident ................................ ................................ ................................ ............................. 7 2 Submission ................................ ................................ ................................ ................................ .7 3 Easements ................................ ................................ ................................ ................................ ...7 3.1 Easement for Utility Services ................................ ................................ ................................ ..7 4 Maintenance ................................ ................................ ................................ .............................. 8 4.1 Lots ................................ ................................ ................................ ................................ ...... 8 5 Membership and Association ................................ ................................ ................................ ...... 8 5.1 Membership ................................ ................................ ................................ .......................... 8 2 Amended Elk Run Villages Declaration 2014 5.2 Voting Rights ................................ ................................ ................................ ........................ 8 5.3 Status and Authority of Board ................................ ................................ ................................ 8 5.4 Composition and Selection of Board ................................ ................................ ....................... 8

............................... ................................ 8 5.4 Composition and Selection of Board ................................ ................................ ....................... 8 6 Use Restrictions ................................ ................................ ................................ ......................... 8 6.1 Use of Lots ................................ ................................ ................................ ........................... 8 6.2 Cancellation of Insurance ................................ ................................ ................................ ....... 8 6.3 Nuisance ................................ ................................ ................................ ............................... 8 6.4 Rules and Regulations ................................ ................................ ................................ ............ 9 6.5 Leases ................................ ................................ ................................ ................................ ... 9 6.6 Timeshares ................................ ................................ ................................ ........................... 12 6.7 Firearms and Projectile Weapons ................................ ................................ ........................... 12 7 Architectural Control ................................ ................................ ................................ ................. 12 7.1 Architectural Control Committee ................................ ................................ ........................... 12 7.2 Submission to Committee ................................ ................................ ................................ ..... 12

............................... ........................... 12 7.2 Submission to Committee ................................ ................................ ................................ ..... 12 7.3 Standard ................................ ................................ ................................ .............................. 12 7.4 Approval Pro cedure ................................ ................................ ................................ .............. 12 7.5 No Liability for Damages ................................ ................................ ................................ ...... 12 7.6 Building Materials ................................ ................................ ................................ ................ 12 7.7 Garages Required ................................ ................................ ................................ ................. 13 7.8 Dwel ling Size ................................ ................................ ................................ ....................... 13 7.9 Landscaping ................................ ................................ ................................ ......................... 13 7.10 Temporary Structures and Equipment ................................ ................................ ................ 13 7.11 Completion ................................ ................................ ................................ ...................... 13 7.12 Fences ................................ ................................ ................................ ............................. 13 8 Enforcement ................................ ................................ ................................ ............................. 13

.................. ............................. 13 8 Enforcement ................................ ................................ ................................ ............................. 13 8.1 Compliance ................................ ................................ ................................ .......................... 13 8.2 Remedies ................................ ................................ ................................ ............................. 13 8.3 Action by Owner ................................ ................................ ................................ .................. 14 8.4 Hearings ................................ ................................ ................................ .............................. 14 9 Assessments ................................ ................................ ................................ ............................. 14 9.1 Covenant for Assessment ................................ ................................ ................................ ...... 14 9.2 Annual Budget ................................ ................................ ................................ ..................... 14 9.3 Regular Assessment ................................ ................................ ................................ .............. 14 9.4 Special Assessment ................................ ................................ ................................ .............. 15 9.5 Individual Assessment ................................ ................................ ................................ .......... 15 9.6 Apportionment of Assessments ................................ ................................ ............................. 15 3

................ ................................ .......... 15 9.6 Apportionment of Assessments ................................ ................................ ............................. 15 3 Amended Elk Run Villages Declaration 2014 9.7 Nonpayment of Assessment ................................ ................................ ................................ .. 15 9.8 Application of Partial Payments ................................ ................................ ............................. 15 9.9 Suspension of Voting Rights ................................ ................................ ................................ . 15 9.10 Lien for Assessment ................................ ................................ ................................ ......... 15 9.11 Enforcement of Lien ................................ ................................ ................................ ......... 16 9.12 Appointment of Trustee ................................ ................................ ................................ .... 16 9.13 Subordination of Lien ................................ ................................ ................................ ....... 16 10 Insurance ................................ ................................ ................................ ............................. 16 10.1 Types of Insurance Maintained by the Association ................................ .............................. 16 10.2 Insurance Company ................................ ................................ ................................ .......... 16 10.3 Premium as Common Expense ................................ ................................ .......................... 16

...................... ................................ .......... 16 10.3 Premium as Common Expense ................................ ................................ .......................... 16 10.4 Insurance by Owner ................................ ................................ ................................ .......... 16 11 Miscellaneous ................................ ................................ ................................ ...................... 16 11.1 Amendment of Declaration ................................ ................................ ............................... 16 11.2 Termination of Declaration ................................ ................................ ............................... 17 11.3 Votes without a Meeting ................................ ................................ ................................ ... 17 11.4 Service of Process ................................ ................................ ................................ ............ 17 11.5 Taxes on Lots ................................ ................................ ................................ ................... 17 11.6 Coven ants Run with the Land ................................ ................................ ............................ 17 11.7 Severability ................................ ................................ ................................ ...................... 17 11.8 Waiver ................................ ................................ ................................ ............................. 17 11.9 Gender ................................ ................................ ................................ ............................. 17

................... ............................. 17 11.9 Gender ................................ ................................ ................................ ............................. 17 11.10 Headings ................................ ................................ ................................ .......................... 17 11.11 Conflicts ................................ ................................ ................................ .......................... 17 11.12 Effective Date ................................ ................................ ................................ .................. 18 Exhibit A ................................ ................................ ................................ ................................ ......... 19 Legal Description ................................ ................................ ................................ ............................. 19 Exhibit B ................................ ................................ ................................ ................................ ........ 24 Bylaws of Elk Run Villages P.U.D. Property Owners Association ................................ ...................... 24 1 Bylaw applicability/definitions ................................ ................................ ................................ .. 24 1.1 Definitions ................................ ................................ ................................ .......................... 24 1.2 Bylaw Applicability ................................ ................................ ................................ ............. 24

........................... .......................... 24 1.2 Bylaw Applicability ................................ ................................ ................................ ............. 24 2 Association ................................ ................................ ................................ .............................. 24 2.1 Composition ................................ ................................ ................................ ........................ 24 2.2 Annual Meeting ................................ ................................ ................................ ................... 24 2.3 Special Meeting ................................ ................................ ................................ ................... 24 4 Amended Elk Run Villages Declaration 2014 2.4 Place of Meeting ................................ ................................ ................................ ................. 25 2.5 Conduct of Meeting ................................ ................................ ................................ ............. 25 2.6 Quorum ................................ ................................ ................................ .............................. 25 2.7 Voting ................................ ................................ ................................ ................................ 25 2.8 Good Standing ................................ ................................ ................................ .................... 25 2.9 Proxies ................................ ................................ ................................ ................................ 25

........................... .................... 25 2.9 Proxies ................................ ................................ ................................ ................................ 25 2.10 Mail -in Ballots ................................ ................................ ................................ ................ 25 2.11 Written Consent in Lieu of Vote ................................ ................................ ....................... 25 2.12 Record Date ................................ ................................ ................................ .................... 26 3 Board of directors ................................ ................................ ................................ ..................... 26 3.1 Number and Qualification of Directors ................................ ................................ .................. 26 3.2 Selection and Term of Directors ................................ ................................ ........................... 26 3.3 Vacancies ................................ ................................ ................................ ........................... 26 3.4 Removal of Directors ................................ ................................ ................................ ........... 26 3.5 Organization Meeting ................................ ................................ ................................ .......... 26 3.6 Regular Meetings ................................ ................................ ................................ ................ 26 3.7 Special Meetings ................................ ................................ ................................ ................. 27

... ................................ ................ 26 3.7 Special Meetings ................................ ................................ ................................ ................. 27 3.8 Conduct of Meetings ................................ ................................ ................................ ............ 27 3.9 Quorum ................................ ................................ ................................ .............................. 27 3.10 Waiver of Meeting Notice ................................ ................................ ................................ 27 3.11 Action without Meeting ................................ ................................ ................................ ... 27 3.12 Powers and Duties ................................ ................................ ................................ ........... 27 3.13 Manager ................................ ................................ ................................ ......................... 28 3.14 Compensation ................................ ................................ ................................ ................. 28 3.15 Limitation of Liability ................................ ................................ ................................ ...... 28 4 Officers ................................ ................................ ................................ ................................ ... 28 4.1 Election and Term of Officers ................................ ................................ .............................. 28 4.2 Removal of Officers ................................ ................................ ................................ ............ 28

........................ .............................. 28 4.2 Removal of Officers ................................ ................................ ................................ ............ 28 4.3 Offices ................................ ................................ ................................ ................................ 28 4.4 Delegation of Duties ................................ ................................ ................................ ............ 29 4.5 Compensation ................................ ................................ ................................ ..................... 29 5 Notice ................................ ................................ ................................ ................................ ..... 29 5.1 Manner of Notice ................................ ................................ ................................ ................ 29 5.2 Waiver of Notice ................................ ................................ ................................ ................. 30 6 Finances ................................ ................................ ................................ ................................ .. 30 6.1 Fiscal Year ................................ ................................ ................................ .......................... 30 5 Amended Elk Run Villages Declaration 2014 6.2 Checks, Agreements, Contracts ................................ ................................ ............................ 30 6.3 Availability of Records ................................ ................................ ................................ ........ 30

.......................... ............................ 30 6.3 Availability of Records ................................ ................................ ................................ ........ 30 7 Amendment to Bylaws ................................ ................................ ................................ ............. 30 7.1 Amendments ................................ ................................ ................................ ....................... 30 7.2 Recording ................................ ................................ ................................ ........................... 30 8 Miscellaneous ................................ ................................ ................................ .......................... 30 8.1 Office ................................ ................................ ................................ ................................ . 30 8.2 Conflicts ................................ ................................ ................................ .............................. 31 8.3 Severability ................................ ................................ ................................ .......................... 31 8.4 Waiver ................................ ................................ ................................ ................................ . 31 8.5 Captions ................................ ................................ ................................ .............................. 31 8.6 Gender, etc. ................................ ................................ ................................ .......................... 31 This Declaration is made on the date executed below by the Association after being approved by the requisite number of votes .

....... ................................ .......................... 31 This Declaration is made on the date executed below by the Association after being approved by the requisite number of votes .

RECITALS A. Elk Run Villages is a planned unit developme nt located in Magna City, Salt Lake County, Utah . Elk Run Villages consists of the following subdivisions: Lamplight Village at Elk Run P.U.D., Moo nlit Meadows at Elk Run P.U.D., Aspen Village at Elk Run P.U.D., and Oak Meadows Estates at Elk Run P.U.D. ; B. Elk Ru n are subject to a declaration of covenants, conditions and restrictio ns recorded March 22, 2000, as Entry No. 7600559 in the Salt Lake County Recorder’s Office (“Original Declaration”); C. This Declaration replaces the Original Declaration a nd all its amendments and supplements in their entirety; D. This Declaration sha ll be binding against all Lots within Lamplight Village at Elk Run P.U.D., Moonlit Meadows at Elk Run P.U.D., Aspen Village at Elk Run P.U.D., and Oak Meadows Estates at Elk Run P.U.D. and described in Exhibit “A;” E. All Owners, guests, invitees, agents, and residents shall abide by the provisions of this Declaration; F. Under the Original Declaration , developer rights and Class B membership have expired; G. These covenant s, conditions, restrictions, easements, and limitations shall run with the land described in Exhibit “A” and shall be binding on and burden all parties having or acquiring any right, title, or interest to the land or any part thereof and shall create servi ent tenements on the land. The covenants, conditions, restrictions, easements, and limitations shall also benefit all parties having or acquiring any right, title, or interest to the land and shall create dominant tenements on the land; 6

ts, conditions, restrictions, easements, and limitations shall also benefit all parties having or acquiring any right, title, or interest to the land and shall create dominant tenements on the land; 6 Amended Elk Run Villages Declaration 2014 H. The Association may be incorporated as a Utah nonprofit corporation. If incorporated, it shall be entitled to the rights, obligations, and benefits of the Revised Nonprofit Corporation Act (Utah Code Ann. 16 -6a-101, et. seq. ) as amended from time to time .

I. Under the Original Declaration Articl e X, Section 10.3, more than 60% of the Class A membership votes which members present in person or represented by proxy are entitled to cast as a meeting duly called for such purpose approved this Declaration and the Bylaws; NOW THEREFORE, for the benefit of the Project and the Owners thereof, the following covenants, conditions, restrictions, and easements shall apply to and be binding on the Project: 1 DEFINITIONS Capit alized terms used in the Governing Documents (including recitals) have the following meanings: 1.1 Articles Articles mean the Ar ticles of Incorporation for Elk Run Villages P.U.D. Property Owners Association .

1.2 Association Association means Elk Run Villages P.U.D. Property Owners Association . It is intended that the Association be a Utah non -profit corporation. Failure of the Association to maintain its corporate status will not result in dissolution of the Association. The Association may renew its corporate status, reinstate its corporate s tatus, or incorporate without Owner approval.

1.3 Board Board means the Board of Directors. The Board governs the property, business, and affairs of the Association.

1.4 Bylaws

nstate its corporate s tatus, or incorporate without Owner approval.

1.3 Board Board means the Board of Directors. The Board governs the property, business, and affairs of the Association.

1.4 Bylaws Bylaws mean the bylaws of the Association , as amended or restated from time to time . The Bylaws are attache d to this document as Exhibit “B .”

1.5 Common Expenses Common Expenses m ean all expenses agreed upon as common expenses by a majority of the Owners; expenses authorized by the Governing Documents or the Community Association Act as commo n expenses ; any other expenses necessary for the common benefit of the Owners.

1.6 Community Association Act Community Association Act shall mean Utah Code §§ 57 -8a-101 et seq. , as amended or replaced from time to time.

1.7 Declaration Declaration means this document, as amended, supplemented, or restated from time to time.

1.8 Director Director means a member of the Board.

1.9 Governing Documents Governing Documents mean the Declaration, Bylaws, Articles of Incorporation, Map, and rules and 7 Amended Elk Run Villages Declaration 2014 regulations.

1.10 Lot Lot means a separately numbered parcel of property as shown on the Map. Lots shall include all utility lines and other installations ex clusively serving the Lot .

1.11 Map Map means the plat maps on file with the Salt Lake County Recorder for Lamplight Village at Elk Ru n recorded in Book 2000 at Page 233 , Moonlit Meadows at Elk Run recorded in Book 2000 at Page 47 , Aspen Village at Elk Run recorded in Book 2004 at Page 66 , and Oak Meadows Estates at Elk Run P.U.D . recorded in Book 2006 at Page 190 as such maps may be amended or replaced from time to time.

1.12 Member Member means an Owner.

1.13 Nonprofit Act

Page 66 , and Oak Meadows Estates at Elk Run P.U.D . recorded in Book 2006 at Page 190 as such maps may be amended or replaced from time to time.

1.12 Member Member means an Owner.

1.13 Nonprofit Act Nonprofit Act mean s Utah Code §§ 16-6a-101 et seq. , as amended or replaced from time to time.

1.14 Owner Owner means the o wner of the fee in a Lot. If a Lot is subject to an executory purchase contract, the contract purchaser shall be considered the Owner. However, the seller and buyer may otherwise agree but must inform the Board in writing of the alternative arrangement.

1.15 Person Person means an individual, corporation, partnership, association, trustee, or other legal entity.

1.16 Project Project means Lamplight Village at Elk Run P.U.D., Moonlit Meadows at Elk Run P.U.D., Aspen Village at Elk Run P.U.D., and Oak Meadows Estates at Elk Run P.U.D. , as shown on the Map. The project includes the land, buildings, improvements and structures, easements, rights, appurtenances, and articles of personal property intended for use in connection therewith. Exhibit “A” contains the legal description for the Project.

1.17 Resident Resident means any Person living or staying at the Project. Residents include without limitation: Owners, tenants, family members of Owners and tenants, and guests staying more than a week.

2 SUBMISSION The Project and the Governing Documents are submitted to provisions of the Community Association Act.

3 EASEMENTS 3.1 Easement for Utility Services The Project is subject to public utility easements as shown on the Map . Utilities include, witho ut limitation, water, sewer, gas, telephone, electricity, data, video, and cable.

8 Amended Elk Run Villages Declaration 2014 4 MAINTENANCE 4.1 Lots

ts as shown on the Map . Utilities include, witho ut limitation, water, sewer, gas, telephone, electricity, data, video, and cable.

8 Amended Elk Run Villages Declaration 2014 4 MAINTENANCE 4.1 Lots Owners shall maintain, repair, and replace their Lot at their cost. An Owner’s maintenance responsibility extends to all components of their Lot as defined in the Declaration, on the Map, and in the Community Association Act. Lots shall be maintained so as not to detract from the appearance of the project and to maintain the value of any other Lot. Lots shall be maintained to protect and preserv e the health, safety, and welfare of the other Lots. Prior to maintaining, repa iring, or replacing any exterior feature (except for regular landscape maintenance, minor plantings, and changing light bulbs) , an Owner must submit their plans showing color, style, materials, and shapes for approval by the Association.

5 MEMBERSHIP AND A SSOCIATION 5.1 Membership Every Owner is a Member of the Association. Membership in the Association is mandatory, is appurtenant to the Lot, and shall not be separated from the Lot.

5.2 Voting Rights Each Lot shall have one vote . Voting is governed by the Bylaws.

5.3 Status and Authority of Board The Board is the governing body of the Association. It is obligated to manage, operate, and maintain the Project and to enforce the Governing Doc uments. The Board has exclusive authority to act in the Association’s name. any action taken by the Board on behalf of the Association will be deemed to be done in the Association’s name. The rights and powers of the Board are governed by the Bylaws.

5.4 Composition and Selection of Board The Bylaws govern how the Board is established and selected.

6 USE R ESTRICTIONS 6.1 Use of Lots

The rights and powers of the Board are governed by the Bylaws.

5.4 Composition and Selection of Board The Bylaws govern how the Board is established and selected.

6 USE R ESTRICTIONS 6.1 Use of Lots Lots may be used for residential use only. Home businesses are allowed as long as they do not increase traffic flow or have exterior indication of a business. Home businesses must be licensed and comply with zoning code.

6.2 Cancellation of Insurance Owners and Residents shall not do or keep anything in a Lot, which would result in the cancellation of insurance or increase the premium. Owners and Residents shall not do or keep anything in a Lot which would viola te a law.

6.3 Nuisance No Resident shall create, maintain or permit a nuisance in, on or about the Project. For purposes of this section a "nuisance" includes behavior which annoys, di sturbs or interferes with other Residents and interferes with their right to the quiet and peaceful enjoyment of their property. A nuisance includes but is not limited to the following: 9 Amended Elk Run Villages Declaration 2014 6.3.1 The development of any unclean, unhealthy, unsightly, or unkempt cond ition on, in or about a Lot; 6.3.2 The storage of any item, property or thing that will cause any Lot to appear to be in an unclean or untidy condition or that will be noxious to the senses; 6.3.3 The accumulation of rubbish, unsightly debris, garbage, equipment, or other things or materials so as to constitute an eyesore; 6.3.4 The storage of any substance, thing or material upon any Lot that will emit any foul, unpleasant or noxious odors, or that will cause any noise or other condition that will or might disturb the peace, quiet, safety, comfort, or serenity of the other residents at the Project;

any foul, unpleasant or noxious odors, or that will cause any noise or other condition that will or might disturb the peace, quiet, safety, comfort, or serenity of the other residents at the Project; 6.3.5 The creation or maintenance of any noxious or offensive condition or activity in or about any Lot; 6.3.6 Actions or activities tending to cause a reasonable person embarrassment, d iscomfort, annoyance, distress or a disturbance to any other residents, their guests or invites, particularly if the police or sheriff must be called to restore order; 6.3.7 Maintaining any plants, animals, devices or items, instruments, equipment, machinery, fixtures, or things of any sort whose activities or existence in any way is illegal, noxious, dangerous, unsightly, unpleasant, or of a nature that diminishes or destroys the enjoyment of the community by other residents, their guests or invites; 6.3.8 Too much noise in, on or about any Lot, especially after 10:00 p.m. and before 7:00 a.m.; 6.3.9 Too much traffic in, on or about any Lot, especially after 10:00 p.m. and before 7:00 a.m.; 6.3.10 Allowing a pet to be unleashed or unsupervised by Owner while outside of the Dwelling or fenced backyard; 6.3.11 Continuous barking, meowing, or other animal noises; and 6.3.12 Allowing your pet to urinate or defecate on a neighboring Lot or failing to clean up immediately any feces deposited by a pet on a Lot or street.

6.4 Rules and Regulations Owners and Residents shall obey the rules created by the Board.

6.5 Leases Leases shall be subject to the following restrictions: 10 Amended Elk Run Villages Declaration 2014 6.5.1 Lots may be rented only to a single family. Dormitory, hostel, hotel, or nightly rentals are strictly prohibited.

ct to the following restrictions: 10 Amended Elk Run Villages Declaration 2014 6.5.1 Lots may be rented only to a single family. Dormitory, hostel, hotel, or nightly rentals are strictly prohibited.

6.5.2 All leases and lessees shall be subject to the provisions of the Declaration, Bylaws, and rules and regulations. Any owner who leases their Lot shall be responsible for assuring the occupants' compliance with the Governing Documents.

6.5.3 The leasing of Lots shall comply with this Section. “Leasing” means granting the right to use or occupy a Lot to a non -owner while no Owner occupies the Lot as their primary residence. Lots owned by business entities or trusts shall be considered leased regardless of who occupies the L ot.

6.5.4 Lease Limit . No more than 10% of the Lots may be leased at any given time. Hardship Exemptions shall not count against the Lease Limit.

6.5.5 Minimum Occupancy Period . Prior to being eligible to lease a Lot, an Owner must occupy the Lot as his primary res idence for 24 months. The Minimum Occupancy Period will not apply to a mortgagee who takes possession of a Lot through foreclosure.

6.5.6 Initial Lease Term . The initial lease term shall be a six month minimum.

6.5.7 Hardship Exemption . Notwithstanding the above, i n order to avoid undue hardships or practical difficulties the following classes of Owners shall be exempt from the Lease Limit: 6.5.7.1 An Owner in the military for the period of the Owner’s deployment; 6.5.7.2 A Lot occupied by the Owner’s parent, child, or sibling; 6.5.7.3 An Owner experiencing extreme financial hardship or disability, as such is defined by Board resolution; 6.5.7.4 An Owner whose employer has relocated the Owner for no less than two years;

g; 6.5.7.3 An Owner experiencing extreme financial hardship or disability, as such is defined by Board resolution; 6.5.7.4 An Owner whose employer has relocated the Owner for no less than two years; 6.5.7.5 A Lot owned by a trust or other entity created for estate planning purposes if the trust or other estate planning entity was created for the estate of: 6.5.7.5.1 A current Occupant of the Lot; or 6.5.7.5.2 The parent, child, or sibling of the current Occupant of the Lot.

6.5.8 Application and Approval . Each Owner desiring to lease a Lot shall apply to the B oard for approval. The application shall contain all supporting documentation necessary to prove the Owner either complies with the Minimum Occupancy Period or qualifies for a Hardship Exemption. The Board shall review the application and determine wheth er the Owner is current in payment of assessments, and complies with the Minimum Occupancy Period or qualifies for a Hardship Exemption. The Board shall: 6.5.8.1 Approve the application if it determines that the Owner is current in payment of assessments, complie s with the Minimum Occupancy Period, the Initial Lease Term, and Lots are available for lease under the Lease Limit; or 6.5.8.2 Approve the application if it determines that the Owner is current in payment of 11 Amended Elk Run Villages Declaration 2014 assessments, qualifies for a Hardship Exemption, and th e lease complies with the Initial Lease Term; or 6.5.8.3 Deny the application if it determines that the Owner is not current in payment of assessments, does not qualify for a hardship, or there are no available Lots under the Lease Limit.

6.5.9 Review of Rental Applicat ions. The Board shall review applications within 10 business

ent of assessments, does not qualify for a hardship, or there are no available Lots under the Lease Limit.

6.5.9 Review of Rental Applicat ions. The Board shall review applications within 10 business days of receipt. The Board shall approve or deny an application and shall notify the Owner of the result, and, if permission is not given, the reason for the denial within 15 business days of r eceipt of the application.

6.5.10 Application Form; Approval Process . An application form, the application and approval process, and any other rules deemed necessary by the Board to implement this section shall be established by resolution of the Board.

6.5.11 Lease A greements – Required Terms . All lease agreements shall contain terms subjecting the Occupant to the terms, conditions, and restrictions of the Governing Documents, as amended from time to time. The Owner shall provide the tenant with a copy of the Govern ing Documents. In the event the Governing Documents are amended, revised, changed, or supplemented by the Association, the Owner shall provide the tenant with a copy of the amendments, revisions, changes, or supplements within 10 calendar days of adoption by the Association, its Board, or its membership. All Owners shall provide the Board with a signed notice o f rental at the start of each new leasi ng period, wherein the Owner declares that Owner has complied with this provision.

6.5.12 Violations of Rental Re strictions . If an Owner fails to submit the required application, fails to submit a notice of rental , and leases their Lot, or leases their Lot after the Board has denied the Owner’s application, the Board may assess fines against the Owner and the Lot in an amount to be

o submit a notice of rental , and leases their Lot, or leases their Lot after the Board has denied the Owner’s application, the Board may assess fines against the Owner and the Lot in an amount to be determined by the Board pursuant to a schedule of fines adopted by the Board. Regardless of whether any fines have been imposed, the Board may seek any available legal or equitable remedies, including but not limited to, an action to term inate the lease agreement and eviction of any tenant.

6.5.13 Failure to Take Legal Action . Failure by an Owner to take legal action against their Occupant who is in violation of the Governing Documents within 10 days after delivery of written demand to so do from the Board, shall entitle the Association to take any and all such action for and in behalf of said Owner and as his or her agent, including but not limited to the institution of legal proceedings on behalf of such Owner against his or her Occupant for evi ction, injunctive relief or damages. Neither the Association nor its agents shall be liable to the Owner or Occupant for any legal action commenced under this Section that is made in good faith.

6.5.14 Recovery of Costs and Attorney Fees; Owner Liable . The Asso ciation shall be entitled to recover from the offending Owner its costs and attorney’s fees incurred for enforcement of this Section, regardless of whether any lawsuit or other action is commenced. The Association may assess such costs and attorney’s fees against the Owner and the Lot as an assessment pursuant to this Declaration.

Additionally, the Owner shall be liable for all fines, assessments, or other penalties levied due to violations of their tenant. The Owner shall be personally liable for any vi olations caused by their tenant.

ly, the Owner shall be liable for all fines, assessments, or other penalties levied due to violations of their tenant. The Owner shall be personally liable for any vi olations caused by their tenant.

Any assessments, fines or penalties levied under this Section shall be collectable as an assessment.

6.5.15 Grandfathered Lots : Lots being leased on the date this Amendment was recorded shall be exempt from the Lease Limit unti l: 6.5.15.1 The Owner transfers the Lot by deed; 12 Amended Elk Run Villages Declaration 2014 6.5.15.2 The Owner grants a life estate in the Lot; 6.5.15.3 If owned by a business entity, the Owner sells or transfers more than 75% of its shares, stock, membership interests, or partnership interests within a 12 month period.

Gran dfathered Lots shall comply with all other provisions of this section including the Initial Lease Term.

Grandfathered Lots shall be subject to the remedies authorized in this section for failure to comply with the restrictions herein.

6.6 Timeshares Timeshare s and time -sharing of Lots is prohibited. Under no circumstances shall any Lot be owned or used as a “time period unit” as defined by Utah Code § 57-8-3(26), as amended from time to time.

6.7 Firearms and Projectile Weapons The use of firearms, airsoft guns, BB guns, pellet guns, archery equipment, or any other projectile weapon, however powered, is prohibited .

7 ARCHITECTURAL CONTRO L 7.1 Architectural Control Committee The Board shall serve as the Architectural Control Committee. The A rchitectural Control Committe e shall insure that all improvements and landscaping within the Project comply with the requirement of this Declaration and harmonize with the surrounding homes.

7.2 Submission to Committee

l Committe e shall insure that all improvements and landscaping within the Project comply with the requirement of this Declaration and harmonize with the surrounding homes.

7.2 Submission to Committee No home, accessory, addition, repair to the exterior of a home, or o ther improvement shall be constructed, maintained, or altered unless complete plans and specifications have first been submitted and approved by the Architectural Control Committee.

7.3 Standard In deciding whether to approve plans and specifications, the Arch itectural Control Committee shall use its best judgment to ensure that all improvements, construction, color schemes, and building materials harmonize with existing surroundings and structures.

7.4 Approval Procedure Any plans submitted to the Architectural Co ntrol Committee shall be approved or disapproved in writing within 30 days after submission. Architectural Control Committee failure to act and communicate the decision in 30 days results in approval of the proposed plans.

7.5 No Liability for Damages The Arc hitectural Control Committee shall not be liable for damages by reason of any action, inaction, approval, or disapproval by it with respect to a request for approval.

7.6 Building Materials All homes shall have masonry front elevations. Masonry shall consist of brick, stone, or stucco in any combination covering the entire front elevation. Side and rear elevations shall have masonry or siding.

All materials and colors must be approved by the Architectural Control Committee.

13 Amended Elk Run Villages Declaration 2014 7.7 Garages Required Each home within the Project shall have, as a minimum, a two-car garage.

7.8 Dwelling Size

by the Architectural Control Committee.

13 Amended Elk Run Villages Declaration 2014 7.7 Garages Required Each home within the Project shall have, as a minimum, a two-car garage.

7.8 Dwelling Size The mi nimum dwelling size shall be 1400 square feet for single story ramblers and 1, 200 square feet for multi -level and two -story homes.

7.9 Landscaping All Lots shall have a fully landscape d yard. Lawns should be green in color and cut as needed to maintain a manicured appearance. Lots should be weed free, including the crack joints in driveways and sidewalks. Each Lot shall have at least one tree in the front yard. Deciduous trees shall be a minimum 1 ½ inch caliper and conifers shall be a minimum height of five feet. In addition, each Lot shall have at least five plants in the front yard, which can be a combination of any of the following: trees, shrubs, bushes, and perennials.

7.10 Temp orary Structures and Equipment No temporary structure, trailer, tent, shack, detached garage, barn, or other out building shall be used on a Lot as a residential unit unless approved in writing by the Association. No truck larger than 1 -ton, or similar eq uipment shall be permitted to remain upon any Lot unless approved in writing by the Association. With the exception of a 48 -hour loading and unloading period, all boats, trailers, campers, and similar recreational equipment shall be stored behind back -yard fences out of view. No vehicle shall be parked in a manner to obstruct any sidewalk or roadway. Any commercial -use truck or trailer that does not fit in a driveway must be parked behind back -yard fences out of view at all times.

7.11 Completion Any construction shall be continuously and diligently performed until completion. An application for

it in a driveway must be parked behind back -yard fences out of view at all times.

7.11 Completion Any construction shall be continuously and diligently performed until completion. An application for approval shall have a proposed timeline showing start and fi nish date and all work shall be performed within a reasonable time of the proposed timeline. All projects must be completed within 90 days, unless a longer time period is approved in writing by the Association.

7.12 Fences Rear yards shall be fenced and shall come forward on the side yard no further than the front corner of the house. Fences shall extend across the entire rear yard area. If a Lot borders a hammerhead, the fencing shall extend across the hammerhead to the a djoining property. Fencing shall be white vinyl and shall be six feet in height in the rear yard area, and no higher than four feet in the front yard . All fences need to be kept in good repair.

8 ENFORCEMENT 8.1 Compliance Each Owner and Resident shall comply with the Governing Documents. Failure to comply will be grounds for the remedies provided in this Declaration. Any complaints against an Owner for violations of the Governing Documents need to be submitted in writing to The Board of Directors. For nuisa nce complaints against an Owner, the complaining Owner shall take reasonable measures to resolve the issue directly with the offending Owner prior to submitting a written complaint to the Board.

8.2 Remedies The remedies for violations shall be levied against the Owner in all cases and the Residents in cases 14 Amended Elk Run Villages Declaration 2014 involving injunctive relief. Remedies shall not be mutually exclusive and can be exercised concurrently.

he Owner in all cases and the Residents in cases 14 Amended Elk Run Villages Declaration 2014 involving injunctive relief. Remedies shall not be mutually exclusive and can be exercised concurrently.

The Association shall have rights to take the f ollowing actions to correct violations of the Governing Documents: 8.2.1 After 15 days notice, to enter a Lot and abate and remove any violation of the Governing Documents. Any expense incurred in abating the violation will be an individual assessment against t he Owner. If the Association exercises this right of entry, they will not be guilty of any manner of trespass or nuisance; 8.2.2 To levy fines pursuant to procedures adopted by the Board . The procedures shall comply with the Community Association Act; 8.2.3 To bring suit for damages, to enjoin, abate, or remedy the violation on behalf of the Association and the Owners.

8.3 Action by Owner An Owner may bring an action against another Owner or the Association for damages, to enjoin, abate , or remedy a violation being commi tted by another Owner or the Association.

8.4 Hearings The board shall adopt procedures for hearings. When a hearing is requested or required, the hearing shall be conducted in accordance with the Board’s procedures.

9 ASSESSMENTS 9.1 Covenant for Assessment By acc epting a deed or other conveyance, each Owner covenants and agrees to pay the Association all regular assessments, special assessments, emergency assessments, individual assessments, late penalties, and collection costs (including attorney’s fees) whether or not a lawsuit is commenced. No Owner may exempt themselves from liability for assessments by abandonment of their Lot or for any other reason.

collection costs (including attorney’s fees) whether or not a lawsuit is commenced. No Owner may exempt themselves from liability for assessments by abandonment of their Lot or for any other reason.

Except for foreclosures, the personal obligation for unpaid assessments, late fees, interest, and collection costs, including attorney’s fees, shall pass to the successor in title. If title passes through foreclosure sale, the successor in title shall only be liable for six months unpaid assessments, late fees, interest, and collection costs, including attorney ’s fees. A successor in title is entitled to a statement from the Association setting forth the amounts due by the prior owner. The amounts set forth in the statement shall be binding upon the Association. If an Owner loses their Lot to foreclosure or v oluntarily conveys it, they shall remain personally liable for unpaid assessments, late fees, interest, and collection costs (including attorney’s fees).

9.2 Annual Budget The Board shall prepare an annual budget for the Association. The an nual budget shall provide for: the administration, management, and operation of the Association. The Board shall present the budget at the annual meeting or special meeting. The budget shall not become effective unless a majority of a quorum of Owners approve it at the meeting where the budget is presented. If the Board fails t o adopt an annual budget or majority of a quorum of Owners fail to ratify the budget , the last adopted budget shall continue in effect.

9.3 Regular Assessment The Association may collect the regular assessment on an annual basis, semi -annual basis, quarterly b asis, 15

fy the budget , the last adopted budget shall continue in effect.

9.3 Regular Assessment The Association may collect the regular assessment on an annual basis, semi -annual basis, quarterly b asis, 15 Amended Elk Run Villages Declaration 2014 or monthly basis. Written notice of the regular assessment amount and payment schedule shall be sent to Owners at least 30 days in advance of the beginning of the fiscal year for which the regular assessment will be due. Apart from the initial noti ce of regular assessment, the Association is not obligated to send periodic invoices for regular assessments. If the Board fails to fix a regular assessment, the amount of the last regular assessment and payment schedule will continue in effect.

9.4 Special A ssessment The Association may levy a special assessment for the purpose of defraying in whole or in part the cost of any budget shortfall or for any unanticipated expense . The Association may levy a special assessment up to 50% of the annual budget withou t approval from the Owners. If a special assessment exceeds 50% of the annual budget, it must be approved by a majority of a quorum of Owners.

9.5 Individual Assessment Any expenses attributable to less than all the Lots may be assessed exclusively against the affected Lots.

Individual assessments include, without limitation: 9.5.1 Assessments levied against a Lot to reimburse the Association for costs incurred in correcting a violation of the Governing Documents; 9.5.2 Fines , late fees, interest, collection costs (including attorney’s fees) ; 9.5.3 Services provided to a Lot due to an Owner’s failure to maintain, for emergency repairs, or to protect the health, safety, and welfare of adjoining Lots; 9.5.4 Reinvestment or transfer fees; and

9.5.3 Services provided to a Lot due to an Owner’s failure to maintain, for emergency repairs, or to protect the health, safety, and welfare of adjoining Lots; 9.5.4 Reinvestment or transfer fees; and 9.5.5 Any charge described as an individual assessment by the Governing Documents; 9.6 Apportionment of Assessments Regular, special, and emergency assessments will be apportioned equally among the Lots. Individual assessments shall be apportioned exclusively to the Lots benefitted or affected.

9.7 Nonpayment of Assessment Assessments not paid within 30 days after the due date established by the Board will be late and subject to a late fee of $25.00, plus interest at 18% per annum on any delinquent balance. Late fees may only be charged once for a missed payment.

9.8 Application of Partial Payments Partial payments shall be credited first to collection costs (including attorney’s fees), then to interest and late fees, then to the oldest assessments, then the most recent ass essments.

9.9 Suspension of Voting Rights If an Owner has a delinquent assessment balance, the Association may suspend their right to vote.

9.10 Lien for Assessment All assessments, late fees, interest, and collection costs (including attorney’s fees) not timely pa id shall be a charge and continuing lien upon each Lot against which the assessment is made. The Association shall file a notice of lien with the county recorder as evidence of nonpayment.

16 Amended Elk Run Villages Declaration 2014 9.11 Enforcement of Lien Without waiving its right to personally pursue an Owner for unpaid assessments, the Association may foreclose its lien in the same manner as deeds of trust, mortgages, or any other manner permitted by Utah law.

9.12 Appointment of Trustee

pursue an Owner for unpaid assessments, the Association may foreclose its lien in the same manner as deeds of trust, mortgages, or any other manner permitted by Utah law.

9.12 Appointment of Trustee The Owners hereby convey and warrant pursuant to U.C.A. Sections 5 7-1-20 and 57 -8a-402 to Samuel E.

Bell, with power of sale, the Lot and all improvements to the Lot for the purpose of securing payment of assessments under the terms of the Declaration.

9.13 Subordination of Lien A lien for assessments shall be subordinate to a first Mortgage now or hereafter placed upon a Lot. The sale of a Lot pursuant to foreclosure of a first Mortgage shall extinguish the lien for assessments which became due prior to the foreclosure sale. A foreclosure will not relieve the purchaser’s ob ligation to pay 6 months of assessments, late fees, and penalties.

10 INSURANCE 10.1 Types of Insurance Maintained by the Association To the extent reasonably available, the Association shall obtain the following insur ance coverage : 10.1.1 Any insurance the Directors deem advisable; 10.1.2 Directors and officers for at least $1,000,000.00; 10.1.3 Fidelity bond or dishonest acts insurance for at least the value of the reserves and operating capital of the Association.

The Board may adopt insurance rules and policies to maintain the insurability of the Project, keep the premiums reasonable, and enforce responsibilities of the Owners.

10.2 Insurance Company The Associ ation shall use an insurance company knowledgeable with community association insurance, which is licensed in Utah.

10.3 Premium a s Common Expense The premiums for the Association’s insurance policies shall be a Common Expense.

10.4 Insurance by Owner Each Owner shall insure their Lot, home, and personal property.

10.3 Premium a s Common Expense The premiums for the Association’s insurance policies shall be a Common Expense.

10.4 Insurance by Owner Each Owner shall insure their Lot, home, and personal property.

11 MISCELLANEOUS 11.1 Amendment of Declaration Any amendment to this Declaration mu st be approved by the affirmative vote of at least 67% of the total votes in the Association . However, the Board may amend without Owner approval, to correct misspellings, grammar , or to comply with changes in the loan underwriting guidelines, if failure to comply would disqualify the Project from financing eligibility.

17 Amended Elk Run Villages Declaration 2014 11.2 Termination of Declaration Owners representing 75% or more of the total votes must approve a termin ation of the Declaration .

11.3 Votes without a Meeting The Association may collect votes withou t a meeting as outlined in the Bylaws.

11.4 Service of Process The registered agent of the Association will be the Person named in the corporate records on file with the Utah State Department of Commerce.

If the corporate status of the Association expires, the president shall be the successor agent. The name and address of the president shall be kept with the Association’s records at its principal place of business.

11.5 Taxes on Lots Each Lot is subject to separate taxation of each taxi ng authority. Consequently, no taxes will be assessed against the Project except for Association personal property. Each Owner will pay all taxes which may be assessed against him or his Lot .

11.6 Covenants Run with the Land The Declaration contains covenants which run with the land and create equitable servitudes. The Declaration shall be binding upon and inure to the benefit of the Association, all parties who hereafter

e Declaration contains covenants which run with the land and create equitable servitudes. The Declaration shall be binding upon and inure to the benefit of the Association, all parties who hereafter acquire any interest in or occupy a Lot or any part of the Project, their heirs, successors, assigns, grantees, devisees, personal representatives, guests, and invitees. Each Owner or Resident shall comply with the Governing Documents. All interests in the Lots shall be subject to the Governing Documents. Failure to comply shall be grounds for an action for damages o r injunctive relief by the Association or an Owner.

By acquiring any interest in a Lot, each Owner or Resident agrees to be bound by the Governing Documents.

11.7 Severability If any provision of the Declaration is determined to be invalid or unenforceable, it shall not affect the remaining provisions of the Declaration.

11.8 Waiver No provision of the Declaration shall be waived or abrogated by reason of a failure to enforce it.

11.9 Gender The use of one gender shall be deemed to refer to all genders. The use of the singular shall be deemed to refer t o the plural and vice versa.

11.10 Headings The headings are for reference only and not to describe, interpret, limit, extend or affect the content of the Declaration.

11.11 Conflicts If the Declaration conflicts with the Community A ssociation Act, the Community Association Act shall control. If the Declaration conflicts with the Map, the Map shall control. If the Declaration conflicts with the Bylaws, Articles, or rules, the Declaration shall control.

18 Amended Elk Run Villages Declaration 2014 11.12 Effective Date The Declaration and any amendments take effect upon recording in the Salt Lake County Recorder’s Office.

Declaration shall control.

18 Amended Elk Run Villages Declaration 2014 11.12 Effective Date The Declaration and any amendments take effect upon recording in the Salt Lake County Recorder’s Office.

IN WITNESS WHEREOF , the Association, has caused this Declaration to be executed by its duly aut horized officers .

DATED: .

Elk Run Cottages P.U.D. Property Owners Association STATE OF UTAH ) :ss.

County of ) who being by me duly sworn, did say that they are the agent of the Association authorized to execute this Declaration a nd did certify more than 60% of the Class A membership votes which members present in person or represented by prox y are entitled to cast at a meeting duly called for such purpose approved this Declaration .

NOTARY PUBLIC 19 Amended Elk Run Villages Declaration 2014 Exhibit A Legal Description Lamplight Village All Lots in Lamplight Village at Elk Run P.U.D. as shown on the official plat map thereof on record in the Salt Lake County Recorder’s Office, Utah.

Parcel Nos.: Block / Building Type Lot / Quarter Parcel Number Obsolete?

008-0000 N 20 Amended Elk Run Villages Declaration 2014 L 32 14-32-103-036-0000 N Moonlit Meadows All Lots in Moonlit Meadows at Elk Run P.U.D. as shown on the official plat map thereof on record in the Salt Lake County Recorder’s Office, Utah.

Parcel Nos.: Block / Building Type Lot / Quarter Parcel Number Obsolete?

21 Amended Elk Run Villages Declaration 2014 L 9 14-32-128-010-0000 N

14-32-128-005-0000 N 21 Amended Elk Run Villages Declaration 2014 L 9 14-32-128-010-0000 N Aspen Village All Lots in Aspen Village at Elk Run P.U.D. as shown on the official plat map thereof on record in the Salt Lake County Recorder’s Office, Utah.

Parcel Nos.: Block / Building Type Lot / Quarter Parcel Number Obsolete?

22 Amended Elk Run Villages Declaration 2014 L 19 14-32-153-009-0000 N Oak Meadows Estates All Lots in Oak Meadows Estates at Elk Run P.U.D . as shown on the official plat map thereof on record in the Salt Lake county Recorder’s Office, Utah.

Parcel Nos.: Block / Building Type Lot /

tes All Lots in Oak Meadows Estates at Elk Run P.U.D . as shown on the official plat map thereof on record in the Salt Lake county Recorder’s Office, Utah.

Parcel Nos.: Block / Building Type Lot / Quarter Parcel Number Obsolete?

23 Amended Elk Run Villages Declaration 2014 L 26 14-31-227-006-0000 N 24 Amended Elk Run Villages Declaration 2014 Exhibit B Bylaws of Elk Run Villages P.U.D. Property Owners Association 1 BYLAW APPLICABILITY/ DEFINITIONS 1.1 Definitions The capitalized terms used in the Bylaws shall have the same meaning given to them in the Declaration, unless otherwise specifically stated.

1.2 Bylaw Applicability The provisions of these Bylaws are binding upon the Association and the Owners. All present and future Owners shall be subject to these Bylaws, as amended from time to time. Acquisition of any Lot constitutes an acknowledgment that the Owner has agreed to and ratified these Bylaws and will comply with them.

2 ASSOCIATION 2.1 Composition

ws, as amended from time to time. Acquisition of any Lot constitutes an acknowledgment that the Owner has agreed to and ratified these Bylaws and will comply with them.

2 ASSOCIATION 2.1 Composition All of the Owners acting as a group in accordance with the Governing Documents shall constitute the Association. Except for matters specifically reserved for a vote of the Owners, the Board, on behalf of the Owners, shall administer the Association’s affa irs.

2.2 Annual Meeting Annual meetings shall be held one a year. The Board shall determine the date, time, and place of the annual meeting . The Association shall send notice of annual meetings at least 20 days in advance of the meeting. At the annual meeti ng the Association shall conduct the following business: 2.2.1 Roll call and verification of quorum; 2.2.2 Approval of minutes from preceding annual meeting; 2.2.3 Reports of officers; 2.2.4 Special committee reports; 2.2.5 Election of directors; 2.2.6 Review of reserve analysis, vote on fun ding reserves; 2.2.7 Unfinished business from preceding annual meeting; and 2.2.8 New business.

2.3 Special Meeting Special meetings may be held at any time for any purpose. A special meeting may be called by a majority of the Directors or upon petition of at least 20% of the Owners in good standing. The Association shall schedule and send notice of a special meeting within 30 days of request. The notice of a special meeting shall state the date, time, place, and purpose of the meeting. The Association shall send noti ce of a 25 Amended Elk Run Villages Declaration 2014 special meeting at least 10 days in advance of the meeting. No business may be transacted at a special meeting except as stated in the notice.

2.4 Place of Meeting

Elk Run Villages Declaration 2014 special meeting at least 10 days in advance of the meeting. No business may be transacted at a special meeting except as stated in the notice.

2.4 Place of Meeting Meetings shall be held at a place designated by the Board and stated in the notice of meeting. Meetings shall be held in Salt Lake County.

2.5 Conduct of Meeting The President shall preside over all meeting of the Association. The Secretary shall keep the minutes of the meeting and take record of all resolutions adopted at the meeting.

2.6 Quoru m A quorum shall be the Owners present in person or by proxy at a meeting.

2.7 Voting Each Lot shall have one vote . If a Lot is owned by more than one Person and multiple Owners are present at a meeting, the vote appertaining to that Lot shall be cast by agre ement of a majority of the Owners. If a Lot is owned by more than one Person and a single Owner is present at a meeting, the vote appertaining to that Lot shall be cast by the Owner present. The Association may conclusively presume the consent of all a Lot’s Owners when a vote is cast by a Lot with multiple Owners.

Except where a greater number is required by the Governing Documents or the Nonprofit Act and elections of directors, any decision requiring Owner consent shall be passed by majority vote of a quorum.

2.8 Good Standing An Owner shall be in good standing if he has paid assessments levied against his Lot, including late fees, interest, fines, collection costs, and attorney fees. An Owner must have paid in full at least three days prior to the meeting or action.

2.9 Proxies An Owner in good standing may vote or otherwise act by proxy. An Owner may appoint a proxy by

ey fees. An Owner must have paid in full at least three days prior to the meeting or action.

2.9 Proxies An Owner in good standing may vote or otherwise act by proxy. An Owner may appoint a proxy by signing a proxy appointment form. The proxy appointment form may be submitted to the Association in person, by mail, or electronicall y. The proxy appointment form must name a proxy, be dated, and signed by the Owner. Any proxy appointment form that does not contain a proxies name, date, or signature shall be void. A proxy appointment form is valid until revoked by the Owner’s attenda nce at a meeting, a signed and dated revocation delivered to the Association, a subsequent proxy appointment, notice of death or incapacity of the Owner, or the passage of 11 months.

2.10 Mail -in Ballots Any action requiring a vote of the Owners, except electio n of directors, may be taken by mail -in ballots.

Action by mail -in ballot shall comply with the procedures set forth in Nonprofit Act Section 16 -6a-709, as amended from time to time. A combination of mail -in ballots, ballots collected electronically, and ballots cast in person may be used.

2.11 Written Consent in Lieu of Vote Any action requiring a vote of the Owners, except election of directors, may be taken by written consent.

Action by written consent shall comply with the procedures set forth in Nonprof it Act Section 16 -6a-707, as amended from time to time. Written consents may be collected electronically.

26 Amended Elk Run Villages Declaration 2014 2.12 Record Date The record date for determining which people are entitled to vote shall be the date notice of the meeting or action is sent. The Board may change the record date prior to sending notice of the action. The

ord date for determining which people are entitled to vote shall be the date notice of the meeting or action is sent. The Board may change the record date prior to sending notice of the action. The Owners shown on the records of the Association on the record date shall be the people entitled to vote on an actio n.

3 BOARD OF DIRECTORS 3.1 Number and Qualification of Directors There shall be five Direct ors. Directors must be Owners in good standing .

3.2 Selection and Term of Directors Unless appointed by the Board under this Article, Directors shall be elected by the Owne rs. Cumulative voting shall not be permitted. The candidates with the most votes shall be elected.

Directors shall serve staggered terms of t hree years. Directors shall hold office until their successor is elected. If the Directors ’ terms become non -staggered ( i.e., after removal of the entire Board), the initial term of each member (1 , 2, or 3 years) shall be decided by vote of the newly elected Directors at their organization meeting. There is no limit on the number of t erms a Director may serve.

3.3 Vacancies Director vacancies, for any reason other than removal by vote of the Association, shall be filled by vote of a majority of the remaining Directors. The Board shall conduct a special meeting for the purpose of filling the vacancy. The meeting sh all be valid even if a quorum is not present. Each replacement Director shall serve until the next annual Owners’ meeting, then the vacancy shall be filled by vote of the Owners. The replacement Director elected by the Owners shall serve the remaining te rm of the replaced Director.

3.4 Removal of Directors A Director may be removed with or without cause by vote of a majority of a quorum of Owners. If the

ed by the Owners shall serve the remaining te rm of the replaced Director.

3.4 Removal of Directors A Director may be removed with or without cause by vote of a majority of a quorum of Owners. If the Owners propose to remove a Director, the Association shall give the Director and Owners at least 15 day written notice of the meeting and the purpose of the meeting. The Director shall be given an opportunity to be heard at the meeting prior to the vote to remove him. At any meeting where a Director is removed by the Owners, the Owners must vote to replace the Director. The replacement will serve the remaining term of the removed Director.

Any Director who allows his assessments to become more than 90 days past due may be removed and replaced by vote of a majority of the Board. The Board shall give the Di rector 10 day written notice to cure the default prior to voting to remove the Director.

3.5 Organization Meeting The Directors shall hold a meeting following the annual owners meeting for the purpose of electing officers. Notice of the organization meeting s hall be given verbally at the annual meeting. The organization meeting shall be conducted within seven days of the annual meeting.

3.6 Regular Meetings The Board shall hold regular meetings. The Board shall determine frequency, times, and locations of regular meetings. However, the Board shall conduct at least two regular meetings per year. Notice of regular meetings shall be given to each Director at least five days prior to the meeting.

27 Amended Elk Run Villages Declaration 2014 3.7 Special Meetings A Director may call a special meeting of the B oard. Notice shall be given at least three days prior to the meeting. Notice shall state the time, place, and purpose of the meeting.

3.8 Conduct of Meetings

ctor may call a special meeting of the B oard. Notice shall be given at least three days prior to the meeting. Notice shall state the time, place, and purpose of the meeting.

3.8 Conduct of Meetings The President shall preside over all meetings of the Board. The Secretary shall take minutes of th e Board meetings and shall make record of all resolutions.

3.9 Quorum A majority of the Board shall constitute a quorum. A quorum shall be required to conduct business at a meeting. If less than a quorum is present at a meeting, the majority of those present may adjourn the meeting until such time as a quorum is present. Once established, a quorum will be present even if directors leave. Directors may attend a meeting telephonically.

3.10 Waiver of Meeting Notice Directors may waive notice of meetings in writing . A waiver shall be deemed equivalent to notice.

Attendance of a Director at a meeting will be considered a waiver of notice, unless the Director attends to dispute notice. If all Directors are present at a meeting, notice of the meeting is waived and a ny business may be conducted.

3.11 Action without Meeting Any action by the Board may be taken without a meeting if all the Directors give written consent to the action. Written consent may be given in person, by mail, or electronically. The Association shall file the written consents with its record of minutes.

3.12 Powers and Duties The Board shall manage the affairs and business of the Association. The Board is vested with all power and authority necessary to administer the affairs of the Association in accordance with the Governing Documents. The Board may do any act required or a llowed by the Governing Documents, the Community Association Act, the Nonprofit Act, or any other rule of law.

tion in accordance with the Governing Documents. The Board may do any act required or a llowed by the Governing Documents, the Community Association Act, the Nonprofit Act, or any other rule of law.

Subject to the limitations contained in the Declaration, Bylaws, or Community Association Act, the Board shall have the following authority: 3.12.1 Prepare an annual budget and establish what constitutes a Common Expense; 3.12.2 Adopt and amend rules, regulations, policies, and proced ures governing the administration of the Association, and to enforce and interpret the Governing Documents; 3.12.3 Delegate authority to a managing agent to ac t on behalf of the Association; 3.12.4 Hire, contract for, and terminate personnel or contractors necessar y for the administration of Association business. Provide for the compensation of personnel. Purchase supplies, equipment, and mater ials for use in the Association.

3.12.5 Open and maintain bank accounts on behalf of the Association. Designate authorized signers for the bank accounts; 28 Amended Elk Run Villages Declaration 2014 3.12.6 File lawsuits or initiate other legal proceedings on behalf of the Association.

3.12.7 Defend lawsuits, administra tive actions, and other legal proceedings against the Association; 3.12.8 Pay costs of any services rendered to the Project or multiple Owners, but not billed to the Owners individually; 3.12.9 Keep books with detailed accounts of the receipts and expenditures of the As sociation. Make the books available to the Owners as required by the Community Association Act and Nonprofit Act. The books shall be kept in accordance with generally accepted accounting practices. Upon resolution by the Board, retain an independent aud itor to audit the books;

sociation Act and Nonprofit Act. The books shall be kept in accordance with generally accepted accounting practices. Upon resolution by the Board, retain an independent aud itor to audit the books; 3.12.10 Create committees; 3.12.11 Any other act allowed or required by the Governing Documents, the Community Association Act, or the Nonprofit Act; 3.12.12 Any act allowed or required to be done in the name of the Association.

3.13 Manager The Board may employ a manager to perform such duties and services as the Board shall authorize. The Board may delegate to the manager all powers granted to the Board and office rs by the Governing Documents.

3.14 Compensation Directors shall not be compensated f or their wor k. However, directors may seek reimbursement for actual costs and mileage incurred during their service.

3.15 Limitation of Liability The Directors shall not be liable to the Owners for any mistake of judgment, negligence, or other errors, unless it was by wil lful misconduct or criminal conduct. The Association shall indemnify and hold the Directors harmless against liability to third parties for actions taken on behalf of the Association, while acting in their capacity as Director, unless the action constitut es willful misconduct or criminal conduct.

4 OFFICERS 4.1 Election and Term of Officers The officers of the Association shall be elected by the Board. Office rs shall serve three -year terms and shall serve until their successor is elected.

4.2 Removal of Officers The Board may remove any officer with or without cause by affirmative vote of a majority of a quorum of the Board. If an officer is removed, the Board shall replace them.

4.3 Offices The Association officers shall be president, vice president, secretary, and tr easurer. The Board may

ty of a quorum of the Board. If an officer is removed, the Board shall replace them.

4.3 Offices The Association officers shall be president, vice president, secretary, and tr easurer. The Board may appoint assistant officers as it may deem necessary. Except for the president, the same person may hold two offices.

29 Amended Elk Run Villages Declaration 2014 4.3.1 President The president shall be the chief executive officer. He shall preside at meetings of the Association and the Board. He shall be an unofficial member of all committees. He shall have general and active management of Association business. He shall see that all resolutions and policies of the Association are executed.

4.3.2 Vice President The vice president shall p erform the duties and exercise the powers of the president in the absence or disability of the president. If the president and vice president are unable to act, the Board shall appoint a Director to fulfill the duties on an interim basis.

4.3.3 Secretary The se cretary shall attend all meetings and take minutes thereof. He shall also make record of all resolutions, rule, policies, and procedures. He shall give or cause to be given notice of all meetings. He shall compile or cause to be compiled a complete list of the owners and their contact information.

4.3.4 Treasurer The treasurer shall oversee the finances of the Association. He shall be responsible to ensure that the Association has full and accurate records of income and expenses. He shall give financial repo rts at regular Board meetings and the annual Owners’ meeting.

4.4 Delegation of Duties The Association officers may delegate any of their duties to a manager or to committee. However, the

ncial repo rts at regular Board meetings and the annual Owners’ meeting.

4.4 Delegation of Duties The Association officers may delegate any of their duties to a manager or to committee. However, the officers shall be responsible to oversee and ensure that the duties so delegated are being properly discharged.

4.5 Compensation Officers shall not be compensated for their work. However, the Board may elect to waive regular assessments for its officers. Additionally, officers may seek reimbursement for actual costs and mileage incurred during their service.

5 NOTICE 5.1 Manner of Notice All notices and other communications required under the Governing Documents shall be in writing.

5.1.1 Notices to Owners may be delivered using the following methods: 5.1.1.1 By professional courier servic e or First -class U.S. mail, postage prepaid, to the address of the Lot or to any other address designated by the Owner in writing to the Association; 5.1.1.2 By hand to the address of the Lot or to any other address designated by the Owner in writing to the Asso ciation; or 5.1.1.3 By facsimile, electronic mail, or any other electronic means to an Owner’s number or address as designated by the Owner in writing to the Association or used by the Owner to communicate with the Association .

30 Amended Elk Run Villages Declaration 2014 5.1.2 Notice to the Association may be de livered using the following methods: 5.1.2.1 By professional courier service or First -class U.S. mail, postage prepaid, to the principal office of the Association as designated in writing to the Owners; or 5.1.2.2 By facsimile, electronic mail, or any other electronic mea ns to the Associations official electronic contact as designated in writing to the Owners.

s designated in writing to the Owners; or 5.1.2.2 By facsimile, electronic mail, or any other electronic mea ns to the Associations official electronic contact as designated in writing to the Owners.

5.1.2.3 Notices sent via courier or mail shall be deemed received 3 days after being sent. Notices hand delivered or sent via electronic means shall be deemed received upon delivery or being sent.

5.2 Waiver of Notice Whenever any notice is required under the Governing Documents, the Community Association Act, or the Nonprofit Act, an owner may waive notice in writing. The waiver may be signed before or after the time for notic e. A waiver of notice shall be equivalent to notice.

6 FINANCES 6.1 Fiscal Year The fiscal year of the Association shall be the calendar year.

6.2 Checks, Agreements, Contracts All checks, contracts deeds, leases, and other instruments used fo r expenditures or ob ligations shall be executed by two officers.

6.3 Availability of Records Association financial records shall be available as provided by the Community Association Act and Nonprofit Act.

7 AMENDMENT TO BYLAWS 7.1 Amendments These Bylaws may be amended either by the Board, unless it would result in changing the rights, privileges, preferences, restrictions, or conditions of a membership class as to voting, dissolution, redemption, or transfer by changing the rights, privileges, preferences, restrictions, or condition s of another class. These Bylaws may also be amended by a majority vote of the Owners.

7.2 Recording Any amendment to these Bylaws shall become effective on the date it is recorded in the Salt Lake County Recorder’s Office.

8 MISCELLANEOUS 8.1 Office The principal office of the Association shall be located at any place within the State of Utah which may

n the date it is recorded in the Salt Lake County Recorder’s Office.

8 MISCELLANEOUS 8.1 Office The principal office of the Association shall be located at any place within the State of Utah which may be designated from time to time by the Board.

31 Amended Elk Run Villages Declaration 2014 8.2 Conflicts The Bylaws are subordinate to any conflicting provisions in the Community Association Act, the Nonprofit Act, the Articles, the Map, or the Declaration. The Bylaws are superior to the rules, regulations, and policies of the Association.

8.3 Severability If any provision of these Bylaws is held by a court of law to be invalid, the validity of the remainder of these B ylaws shall not be affected.

8.4 Waiver No provision of these Bylaws shall be deemed to be waived because of a failure to enforce the provision.

8.5 Captions The captions contained in these Bylaws are for convenience only. The captions shall not be used to interp ret, limit, or enlarge the provisions of these Bylaws.

8.6 Gender, etc.

Whenever the context so requires, the singular shall include the plural and vice versa. The use of any gender shall include all genders.

IN WITNESS WHEREOF, the Association has caused th ese Bylaws to be executed by its duly authorized officers.

DATED: .

Elk Run Villages P.U.D. Property Owners Association STATE OF UTAH ) :ss.

County of ) being by me duly sworn, did say that they are the agent of the Association authorized to execute these Bylaws and did certi fy that more than 60% of the Class A membership votes which members present in

ing by me duly sworn, did say that they are the agent of the Association authorized to execute these Bylaws and did certi fy that more than 60% of the Class A membership votes which members present in person or represented by proxy are entitled to cast at a meeting duly called for such purpose approved this Declaration .

NOTARY PUBLIC