1DECLARATION AND COVENANTS, CONDITIONS, RESTR ICTIONS A ND RESER VATIONS FOR CEDA R SPRI NGS COND OMINIUM Pursuant to the laws of the State of Utah, L aws of 1953, T itle 57, Chapter 8, and the amendments ther eto, her einaf ter re ferred to a s “The A ct”, f or the purpose of submitting the re al proper ty here inafter descr ibed to the provisions of the Ac t, the undersig ned, her einaf ter re ferred to as “Declarant”, being sole owner of said property, makes the following Declaration. It is agreed by acceptanc e of a convey ance, contra ct for sa le, lease , renta l agreement, or any form of security agreement or instrument, or any privileges of use or enjoyment, respecting the property or any unit in the horiz ontal proper ty regime cre ated by this Declar ation, that this Declar ation, together with the Survey Map and Plans referred to herein, states covenants, conditions, restric tions, and rese rvations ef fecting a common plan for the condominium development mutually beneficial in all of the described units, and that the covenants conditions, restrictions, reservations and plan a re binding upon the entire proper ty and upon ea ch such unit as a parc el of realty, and upon its owners or possessors, and their heirs, per sonal repr esenta tives, succe ssors and assigns, through all successive transfers of all or part of the property or any security interests there in without requirement of further specific reference or inclusion in deeds, contra cts or security instruments, and regardless of any subsequent forfeiture, foreclosures, or sales of units under se curity instruments.
1 DESCRIP TION OF LAND 1.01 Description of Land The land on which the buildings and improvements provided for in
subsequent forfeiture, foreclosures, or sales of units under se curity instruments.
1 DESCRIP TION OF LAND 1.01 Description of Land The land on which the buildings and improvements provided for in this Declaration are situated is 88 Wes t 500 South, Centerville, Utah, the land is contained in L ots 6 and 7, Bloc k 21, Big Creek Plat, Center ville town site, and a de tailed legal desc ription of the land is set forth in Schedule A attac hed her eto.
22 DESCR IPTION OF BUILDINGS AN D IMPROVEMENTS There are 22 building containing 202 residential units arranged in a garden-type setting.
Five of the buildings ha ve four levels with one a nd three bedroom units in them, and seve nteen buildings are two levels having two-bedroom un its in them. In addition, there is a clubhouse containing a two bedr oom manag er’s apar tment. The buildings a re of simil ar construction.
Footing s and founda tions are c oncre te, while the e xterior wa lls are br ick vene er, cedar siding a nd concr ete aggregate pa nels. The building s have ma nsard r oofs with asphalt wood on the uppe r floors. Doors a nd cabine ts are ha rdwood a nd windows are sliding aluminum. The 96 units at the south end of the land have individual gas furnaces with heating and cooling. The buildings contain 56 one- bedroom units, of which 50 units have balconies or patios, while 6 units have no balconies or patios. There are 118 two-bedr oom units having a bath and ½ a nd balconies. The rema ining 28 units are three bedroom two-ba th town houses with balconies. The clubhouse ha s two saunas a nd restrooms. A f enced swimming pool is located a djace nt the clubhouse. The re are parking spaces on-site for over 300 automobiles, of this number 202 are open frame carports
se ha s two saunas a nd restrooms. A f enced swimming pool is located a djace nt the clubhouse. The re are parking spaces on-site for over 300 automobiles, of this number 202 are open frame carports with steel posts and corrugated roofs.
3 LOC ATION AND DESIG NATION OF UNITS 3.01 Each unit is i dentified by a building de signa tion using letters A throug h X with the exception of letters “ I” and “ O”, f ollowed by a number to identify the unit within the particular building. The units are mov e fully described in Schedule “B” attached hereto and in the Rec ord of Surve y Map.
4 ACCESS 4.01 Access to Common W ays Each unit in the five four- level buildings ha s direct a ccess tot he common ar eas ha llway s leading to exi t doors from the building s. The units in the seventeen two-level building have direct access to exterior comm on areas walkways.
4.02 Access to Public Streets T he comm on area main entrance has direct access to 70 We st Street in Centerville, a public street, and has access to Main Street via two feeder street, 115 North Street and 50 South Street.
35 DESCRIP TION OF COM MON AREAS AND FACILITIES : CERTAIN ITEMS MAY BE MAD E OWNER’S RES PONSIBI LITY 5.01 Except as otherwise specifically reserved, assigned or limited by the provisions of Article 6 hereof, the common areas and facilities consist of the following: 5.01.01 The land a bove desc ribed.
5.01.02 The roofs, foundations, columns, girders, studding, joists, beams, supports, main walls (excluding only nonbear ing inter ior surfaces of the unit’s perimeter walls, floors, ce ilings, windows, and door s; that is, to t he boundar ies of the units as defined in the Act, and any replacements thereto, provided, the term “enteric
rfaces of the unit’s perimeter walls, floors, ce ilings, windows, and door s; that is, to t he boundar ies of the units as defined in the Act, and any replacements thereto, provided, the term “enteric surfa ces” shall not include paint, wallpape r, carpeting , tiles or other such decorative surface coverings or finishes.
5.01.03 Installations of service s serving more than a single unit, such as power , light, g as hot and cold wa ter, he ating , refrigeration, air conditioning, pipe s, conduits, and wires, wherever they may be located whether in partitions, or otherwise; tanks, pumps, motors, fans, compre ssors, ducts; and in g eneral all appa ratus and installations existin g for comm on use wherever located on the property, within units or without.
5.01.04 The driving areas which provide access to the limited common areas for parking, and any guest parking or other parking areas not assigned to units.
5.01.05 The y ards, g ardens, landscape d are as and w alkway s which surround a nd provide access to the buildings or a re use d for r ecreational pur poses, including swimming pool and sun dec ks, and ca mper-boa t storag e facilities .
5.01.06 The basements, lobbies, halls and corridors not within individual units, storage areas, sun decks, recreational rooms, stairways and stairs, and entrances and exits of the buildings.
5.01.07 The Clubhouse, including premises for the lodg ing or use of pe rsons in char ge of, or maintaining, the property.
5.01.08 All other par ts of the prope rty nece ssary or conve nient to its ex istence, 4maintenanc e and sa fety, or normally in common use.
5.01.09 Certain items which c ould ordinarily be conside red c ommon area s such as but not limit ed to, window scr eens, a wning s, storm windows, and the like, may , pursuant
rmally in common use.
5.01.09 Certain items which c ould ordinarily be conside red c ommon area s such as but not limit ed to, window scr eens, a wning s, storm windows, and the like, may , pursuant to decision of a ma jority of owne rs and spe cifica tions in t he By Laws or administrative rules, be desig nated a s items to be furnished a nd maintained by apartment owners at their individual expense, in good order, according to standards and requirements set by the Board by rule, regulation or Bylaws.
6 DESCR IPTION OF LIM ITED COMMON AREAS: EASEM ENTS F OR EASEM ENTS F OR EXCLUSIVE USE RESER VED FOR CERTAIN UNITS 6.01 The limited common are as and f acilities are reserved f or the e xclusive use of the unit or units to which they are adjac ent or a ssigne d and consist of: 6.01.01 The balcony and patio areas, which are adjacent to certain units as more particula rly shown on the Recor d of Survey Map, the bounda ries of sa id balcony areas being defined by the interior surfaces of the walls, floor, ceiling, doors, windows, ground, railings, fence or curb enclosing said balcony and patio areas.
6.01.02 The carport parking stall which is assigned to each unit as mo re particularly shown on the Recor d of Survey Map, the bounda ries of sa id parking stall being defined by the interior surfaces of the walls, floor and steel supports inclosing said parking stall.
6.01.03 The stora ge locke rs which a re assigne d to cer tain units more particula rly shown on the Recor d of Survey Map, the bounda ries of sa id storag e locke r being define d by the interior surf aces of top, bottom, door and sides of said stora ge locke r.
6.02 As used in Section 6.1, the ter m “interior surf aces” shall not mean de corative finished and
r being define d by the interior surf aces of top, bottom, door and sides of said stora ge locke r.
6.02 As used in Section 6.1, the ter m “interior surf aces” shall not mean de corative finished and cover ings a pplied to such surfa ces (including pa int, wall paper , paneling , carpeting and tiles). Said decorative finishes and coverings, along with fixtur es and other tangible persona l property (including furniture , planters, mirror s, and the like loca ted in and used in connec tion with said li mited common are as, shall be de emed a part of sa id limi ted common are a.
56.03Declarant reserves the right to make the initial assignment of parking stall and storage licker to the units, such assignments either being made by including in or amendment to the Declaration and Record of Survey Map, or by designation contained in the initial Unit deed executed by Declarant. The remaining parking stalls and/or storage lockers, if any, shall remain comm on areas, but may be rented or leased to unit owners.
6.04 After Declarant’s initial assignment, a unit owner may rent or lease the parking stall and/or stora ge locke r assig ned to that unit to any other unit owner ; provided, that the renta l or lease term shall automatica lly expire on the date the lessor/unit owner disposes of its interest in the unit (whether such disposition is by deed, contract or otherwise). In addition, any tow unit owners may , by jointly executed instrument in rec ordable form approve d by the B oard, e xchang e either on a per manent or te mporary basis the par king stalls and/or storage lockers assigned to their respective units.
7 VALUE AND PERCENTAGE OF UNDIVIDED INTEREST I N COMMON AREAS
d, e xchang e either on a per manent or te mporary basis the par king stalls and/or storage lockers assigned to their respective units.
7 VALUE AND PERCENTAGE OF UNDIVIDED INTEREST I N COMMON AREAS The value of the entire property is established as $5,203,600.00. Percentages of interest for each unit ar e expressed in Sche dule B attache d here to. Each U nit includes all the limit ed common areas appertaining there to including a p arking space and in certain instances a storage area, and the perc entag e of undivided inter est in the common and limited common are as apper taining the reto.
8 ASSOCIATI ON OF UNIT OWNERS 8.01 Form of Association The ter m “Association” a s used her ein shall mean the Association of Unit Owne rs as define d in the Act. I nitially said Association may be an uninc orpora ted associa tion. The Manag ement Committ ee, (Board of Dir ector s) until such time as the initial Manag ement Commi ttee is selec ted, may at any time if deeme d advisable in the e xercise of its sole discretion, without necessity of prior a pproval or othe r action by the member s being nece ssary , cause such unincorporated association to be converted to a non-profit corporation under the laws of the State 6of Utah; provide d, that, from and a fter the formation of suc h nonprofit cor poration, the rig hts and duties of the member s and of suc h corpor ation shall continue to be g overne d by the provisions of the Act a nd of this Decla ration.
8.02 Membership 8.02.01 Qualifica tion. Each fe e owne r (including Declarant) shall be a me mber of the Association and shall be entitled to one membe rship for e ach unit so owne d; provided, that if a unit has been sold on contract, the contract purchaser shall
g Declarant) shall be a me mber of the Association and shall be entitled to one membe rship for e ach unit so owne d; provided, that if a unit has been sold on contract, the contract purchaser shall exercise the rights of the unit owner for purposes of the Association, this Declaration, and the B ylaws, except as he reina fter limited, and sha ll be the voting owner unless otherwise specified. Ow nership of unit shall be the sole qualifica tion for member ship in the Association.
8.02.02 Transf er of Membership. The Association member ship of eac h owner (including Declarant) shall be appur tenant to the unit g iving r ise to such member ship, and shall not be assig ned, tra nsfer red, ple dged, hy potheca ted, or c onvey ed or a lienated in any way except upon the transf er of title to said unit and then only to the transfe ree of title to such unit. Any attempt to make a pr ohibited transfe r shall be void. Any transfer of title to said unit and then only to the transferee of title to such unit. Any attempt to make a pr ohibited transfe r shall be void. Any transfe r of title to a unit shall operate automatically to transfe r the membe rship in the Association appur tenant ther eto to the new ow ner the reof.
8.03 Voting 8.03.01 Number of Votes . The total voting power of all owne rs shall be 100 votes a nd the total number of vote s available to owners of any on e unit shall be equa l to the percentage of undivided interest in the comm on areas and facilities appertaining to such unit.
8.03.02 Voting O wner . There shall be one ( 1) “voting representa tive” of e ach unit.
Declarant shall be the voting representative with respect to any unit or units owned by Declarant. If a pe rson owns more tha n one unit, he shall have the votes
ng representa tive” of e ach unit.
Declarant shall be the voting representative with respect to any unit or units owned by Declarant. If a pe rson owns more tha n one unit, he shall have the votes for each unit owne d. The voting representa tive shall be desig nated by the owner 7or owne rs of e ach unit by written notice to the ma nagement committee ( Board) and nee d not be an owne r. The de signa tion shall be revoc able a t any time by actua l notice to the B oard f rom a pa rty having an owne rship interest in a unit, or by actua l notice to the B oard of the dea th or judicially decla red inc ompetence of any party with an owner ship interest in the unit. This power of de signa tion and revoc ation may be exerc ised by the g uardia n of a unit owne r, and the administrators or e xecutor s of an owne r’s estate. Where no de signa tion is m ade, or whe re a desig nation has bee n made, the voting representative of each unit shall be the group composed of all of its owners.
8.03.03 Joint Owner D isputes. The vote for a unit must be cast as a single vote, and fractional votes shall not be allowed. In the event that joint owners are unable to agree among themselves as to how their vote or votes shall be cast, they shall lose their right to vote on the matter in question. In the event more than one vote is cast for a particular unit, none of said votes shall be counted and said votes shall be dee med void.
8.03.04 Pledged Votes. In the event the record owner or owners have pledge their vote regarding specia l matters to a mortg agee or benef iciary of a de ed of trust unde r a duly recorded mortg age or de ed of trust, or to the ve ndee unde r a duly recorded
s have pledge their vote regarding specia l matters to a mortg agee or benef iciary of a de ed of trust unde r a duly recorded mortg age or de ed of trust, or to the ve ndee unde r a duly recorded real estate contract, only the vote of such mo rtgagee, beneficiary, or vendee will be re cognized in reg ard to the spe cial matter s upon which the vote is so pledg ed, if a c opy of the instrument with this pledge has bee n filed with the B oard.
Amendments to this subsection shall only be ef fective upon the written c onsent of all the voting owners and their respective mortgagees, deed of trust beneficiaries, and vendee, if any.
8.04 Meetings, Audits, Notices of Meetings, Annual Meetings, Audits There shall be an a nnual meeting of the owne rs in the first quar ter of e ach y ear at such reasonable plac e and time a s may be desig nated by written notice of the B oard de livered to the owners no less than ten (10) days prior to the date fixed for said meeting. At the annual meeting, there shall be presented an audit of the comm on expenses, itemizin g receipts and disbursements 8for the pr eceding c alenda r year, and the a llocation there of to ea ch owne r, and the estimated common expenses for the c oming c alenda r year. The B oard a t any time, or by written re quest of owner s having at least twe nty-four (24%) perc ent of the total votes, may require that an audit of the Association and ma nagement books be pr esente d by any specia l meeting . A unit owner, a t his own expense, may at any reasonable time make an audit of the books of the B oard a nd Association.
8.05Special Meetings Special mee tings of the owner s may be ca lled at any time for the pur pose of c onsidering
t any reasonable time make an audit of the books of the B oard a nd Association.
8.05Special Meetings Special mee tings of the owner s may be ca lled at any time for the pur pose of c onsidering matters which by the terms of the Act or of this Declar ation require the appr oval of a ll or some of the owner s, or for a ny other re asonable purpose. Such mee tings shall be c alled by written notice of the president of the Association upon the decision of the president, or after request signed by a majority of the B oard, or by written re quest by the owner s having at least twe nty-four (24%) percent of the total votes, whic h notice shall be de livered not less than te n (10) da ys prior to the date f ixed for said meeting . The notice shall specify the date, time a nd place of the mee ting, a nd in ge neral the matters to be c onsidered.
8.06 Bylaws of Assoc iation 8.06.01 Adoption of By laws. B ylaws for the a dminist ration of the A ssociation and the proper ty, and for other purpose s not inconsistent with t he Ac t or with the intent of this Declaration, shall be adopted by the Association by concurrence of those voting owne rs holding sixty (60%) perc ent of the voting power at a r egular or specia l meeting . Notice of the time, place and purpose d of such mee ting sha ll be delivere d to eac h unit owner a t least ten (10) days prior to such mee ting.
Amendments to the B ylaws may be adopte d by the same vote at a r egular or specia l meeting simil arly called. D eclarant ha s adopted initial By laws in a separate instrument, a true copy of which is appended hereto and recorded with this Declar ation as Schedule “C”.
8.06.02 Bylaws Provision. The Bylaws shall contain provisions identical to those
a separate instrument, a true copy of which is appended hereto and recorded with this Declar ation as Schedule “C”.
8.06.02 Bylaws Provision. The Bylaws shall contain provisions identical to those provided in this Article 8, and may contain supplementary, not inconsistent, provisions reg arding the oper ation of the c ondominium and administ ration of the 9proper ty. The B ylaws shall establish such provisions for quor um, ordering of meeting s, and deta ils reg arding the g iving of notice as ma y be re quired for the proper administration of the Associa tion and the prope rty.
9 MANA GEM ENT OF COND OMINIUM 9.01 Manag ement by Declarant Until a date three (3) years from the date of recording this Declaration, the property shall be managed and the Association organized as follows, at the decision of the Declarant: 9.01.01 Declarant may at such times as De clarant dee ms appropria te selec t as a tempora ry Board of Dir ector s three ( 3) to seven ( 7) per sons who own, or a re pur chase rs of, units. This Board shall have the full authority and all rights, responsibilities, privileg es and duties to mana ge the c ondominium under this Declar ation and Bylaws, and sha ll be subject to all provisions of the De claration and B ylaws.
Such a Board shall conform to the requirements of the Act, and shall constitute the “mana gement committee” referred to there in.
9.01.02 Until such time as such tempora ry Board is selec ted, Dec larant or a mana ging agent selec ted by Declarant shall have the pow er and authority to exercise all the rights, duties and functions of the B oard, including but not limited to enacting reasonable a dminist rative r ules, contra cting for r equire d service s, proper ty and
thority to exercise all the rights, duties and functions of the B oard, including but not limited to enacting reasonable a dminist rative r ules, contra cting for r equire d service s, proper ty and insurance , and collec ting a nd expending a ll assessments and assoc iation funds.
Any such ma naging agent or the Declarant shall have the exclusive right to contra ct for a ll goods a nd service s, pay ment for whic h is to be made fr om any comm on or maintenance funds.
9.01.03 These requirements and covenants are made in order to assure that the property and condominium will be adequate ly administered in the initial phases of development, and to assure an orderly transition to A ssociation operations.
9.02 Manag ement by Board At the expiration of such three-year period, or before at the discretion of Declarant, all administrative power and author ity shall best in a B oard of Direc tors of at lea st five (5) dir ector s 10elected from among the unit owners. The Board may delegate all or any portion of such power to a mana ger, ma naging a gent, or off icer of the Assoc iation, or in such manner as may be provide d by the B ylaw. All B oard positions shall be open f or ele ction at the first a nnual meeting after the period of D eclarant’s a uthority under se ction 9.1 ends. The B oard sha ll elect a pr esident fr om among its members, who shall pre side over me eting s of the B oard a nd the meeting s of the Association. Suc h Board shall be deemed the management comm ittee in all respects referred to in the Utah Act.
9.03 Authority of the B oard 9.03.01 The B oard ( or the De clarant or De clarant’s mana ging a gent as provide d in section 9.1 here of) for the be nefit of the c ondominium and the owners sha ll enforc e the
rity of the B oard 9.03.01 The B oard ( or the De clarant or De clarant’s mana ging a gent as provide d in section 9.1 here of) for the be nefit of the c ondominium and the owners sha ll enforc e the provisions of this Declar ation and of the Bylaws, shall have all posers a nd authority permitted to the B oard unde r the Ac t and Dec laration, and shall acquire and shall pay for out of the comm on expense fund hereinafter provided for, all goods and services requisite for the proper functioning of the condominium, including but not limited to the following: (a) Water, sewe r, garbage collec tion, electric al, telephone , gas and a ny other ne cessa ry utilit y service as re quired for the common ar ea. I f one or more units or the c ommon area s are not separ ately metere d, the utility service may be paid a s a common expense, and the Board may by reasonable for mula allocate a portion of suc h expense to eac h such unit involved as a por tion of its common ex pense.
(b) Policies of insurance or bonds providing coverage for fire and other hazard, liability for pe rsonal injury and prope rty damag e, and f or fidelity of Associa tion officer s and other employees, as the same are more dully required hereafter and in the Bylaws.
(c) The ser vices of pe rsons or firms a s require d to properly manag e the a ffairs of the condominium to the ex tent deeme d advisable by the B oard a s well as such othe r personnel as the Board shall deter mine are nece ssary or prope r for the oper ation of the c ommon area , whether such per sonnel as the B oard sha ll determine a re ne cessa ry or prope r for the oper ation of the common are a, and w hether such per sonnel are employ ed dire ctly by the B oard or are furbished
uch per sonnel as the B oard sha ll determine a re ne cessa ry or prope r for the oper ation of the common are a, and w hether such per sonnel are employ ed dire ctly by the B oard or are furbished by the manager or management firm or agent.
11(d) L egal and a ccounting service s nece ssary or prope r in the oper ation of the Assoc iation affairs, administration of the c ommon area , or the e nforc ement of this Dec laration.
(e) Painting, maintena nce, r epair and all landsc aping and g ardening w ork for the common are a as the Board shall deter mine are nece ssary and prope r, and the Board shall have the exclusive right a nd duty to acquire the same f or the c ommon area ; provided, howe ver, tha t the interior surfaces of each unit shall be painted, maintained, and repaired by the owners thereof, all such ma intenance to be at the sole cost and expense of the particular owner as mo re particularly provided in Section 10.5.
(f) Any other mate rials, supplies, labor, ser vices, maintena nce, r epair s, structural altera tions, insurance, ta xes or a ssessments which the B oard is re quired to sec ure by law or which in its opinion shall be necessa ry or prope r for the oper ation of the c ommon area or for the enfor ceme nt of this declar ation; provided that if for any reason such mater ials, supplies, labor, service s, maintenanc e, repairs, structur al alter ations, insurance , taxes, or assessments are provided for particula r units or their owne rs, the cost ther eof sha ll be specia lly assessed to the owner of such units.
(g) Maintena nce a nd repa ir of any unit, its appurte nance s and applianc es, if such maintenanc e or r epair is reasona bly nece ssary in the discretion of the Board to protec t the
h units.
(g) Maintena nce a nd repa ir of any unit, its appurte nance s and applianc es, if such maintenanc e or r epair is reasona bly nece ssary in the discretion of the Board to protec t the common are a or pr eserve the a ppear ance and value of the c ondominium, and the owner or owner s of said unit have f ailed or r efuse d to perfor m said maintenanc e or r epair within a reasonable time af ter wr itten notice of the ne cessity of said maintena nce or repa ir has bee n delivere d by the B oard to the ow ner or owner s; provided that the B oard sha ll levy a spec ial assessment ag ainst the unit of such owne r or owne rs for the cost of such ma intenance or re pair.
(h) The Board may also pay any amount nece ssary to discharg e any lien or enc umbranc e levied ag ainst the entire pr operty or any part ther eof w hich is claimed to or may , in the opinion of the Board, constitute a lien against the property or against the comm on areas, rather than me rely against the interest ther ein of pa rticular ow ners. Where one or more owner s are responsible for the existe nce of such lien, they shall be jointly and severally liable for the cost of discharging it and any costs and expenses incur red by the B oard by reason of such lien or liens sha ll be assessed against the owners and the unit responsible to the extent of their responsibility.
12(i) The Board’s power hereinabove enumerated shall be limited in that the Board shall have ;no a uthority to acquire and pay for out of the maintenanc e fund c apital additions and improvements (other than for pur poses of re storing, r epair ing or repla cing portions of the comm on areas) having a total cost in excess of Five Thousand Dollars ($5,000.00), without first
s and improvements (other than for pur poses of re storing, r epair ing or repla cing portions of the comm on areas) having a total cost in excess of Five Thousand Dollars ($5,000.00), without first obtaining the affirmative vote of the owner s holding a majority of the powe r present or represente d at a mee ting c alled for such purpose , or if no such me eting is held, then the written consent of voting owner s having a majority of the voting power ; provided that any expenditure or contra ct for c apital additions or improvements in excess of Twe nty-five T housand Dollars ($25,000.00) must be a pproved by owner s having not less than seventy -five ( 75%) pe rcent of the voting powe r.
(j) Nothing here in contained sha ll be construed to g ive the B oard a uthority to conduct an active business for profit on behalf of all the owners or any of them.
(k) The Board shall have the exclusive right to contract for all goods and services, payment of which is to be made from the maintena nce f und. The B oard ma y deleg ate suc h power s subject to the terms her eof.
(l) The Board may , from common funds of the Association, ac quire a nd hold in the name of the Association, for the benefit of the owners, tangible and intangible personal property and re al prope rty and intere st therein, and ma y dispose of the same by sale or othe rwise; and the beneficial interest in such property shall be owned by the owners in the same proportion as their respe ctive intere sts in the common area s, and such pr operty shall therea fter be held, sold, leased, rente d, mortg aged or othe rwise de alt with for the be nefit of the c ommon fund of the Associa tion
ve intere sts in the common area s, and such pr operty shall therea fter be held, sold, leased, rente d, mortg aged or othe rwise de alt with for the be nefit of the c ommon fund of the Associa tion as the B oard ma y direc t. The B oard sha ll not, however, in a ny case acquir e real prope rty or personal property valued in excess of Five Thousand Dollars ($5,000.00) by lease or purchase except upon a majority vote of the unit owners.
(m) The Board and its ag ents or employ ees, ma y enter any unit or limi ted common ar ea when ne cessa ry in connec tion with any maintenanc e, landsc aping or construc tion for which the Board is responsible or in the event of emergencies. Suc h entry shall be made with as little inconvenienc e to the owne rs as pra cticable , and any damag e caused there by shall be re paire d by the B oard out of the common expense fund if the e ntry was due to an emer gency (unless the 13emergency was caused by the owner of the unit entered, in w hich case the cost shall be specially assessed to the unit ente red) or for the purpose of maintenanc e, or r epair s, to common or limit ed common are as whe re the repa irs wer e under taken by or under the direc tion or authority of the Board. I f the re pairs or ma intenance were nec essitated by or for the unit entere d or its owners, or requested by its owners, the costs thereof shall be specially assessed to such unit.
(n) Each owner, by the mere act of becoming an owner or contract purchaser of a unit, shall irrevoc able a ppoint the Association as his attorney -in-fa ct, with full power of substitut ion, to take such a ction as re asonable nece ssary to promptly perform the duties of the A ssociation and
voc able a ppoint the Association as his attorney -in-fa ct, with full power of substitut ion, to take such a ction as re asonable nece ssary to promptly perform the duties of the A ssociation and Board her eunder , including but not limited to the duties to maintain, repair a nd improve the proper ty, to neg otiate with insurance carriers upon da mage or de struction, and to sec ure insurance proceeds.
10 USE : REGULATION OF USE S: ARCHITEC TURAL UNIFORMITY 10.01 Residential Use The re sidential units shall be used for sing le family residential pur poses only , on an owner ship, rental or le ase ba sis; and for the c ommon social, rec reational or other r easona ble used normally incident to such purpose s, and also for such additional uses for purposes a s are from time to tim e dete rmined appr opriate by the B oard. Such use as a sing le family residenc e shall be deemed to include accessory use as a professional office to the extent permitted by applicable zoning ordinances and to the extent customarily incidental to primary use as a residence. Units of the building may be used f or the purpose s of oper ating the Association and f or the manag ement of the condominium if require d.
10.02Sales Facilities of Declarant Not withstanding a ny provision in Section 10.1, Declar ant, its ag ents, employ ees a nd contra ctors shall be pe rmitted to maintain during the period of sa le of the c ondominium upon such portion of the pr operty as De clarant may choose, suc h fac ilities as in the sole opinion of the Declarant may be re asonably require d, convenie nt or incidental to the sale or re ntal of condominium units and intere sts, including but not limit ed to, a business off ice, stora ge area,
the Declarant may be re asonably require d, convenie nt or incidental to the sale or re ntal of condominium units and intere sts, including but not limit ed to, a business off ice, stora ge area, signs, model units, sales office, and parking areas for all prospective tenants or purchasers.
1410.03 Vehicle Parking Parking space s are restric ted to se for parking of oper ative automobiles; other items and equipment may be par ked or ke pt therein only subject to the rules or regulations of the B oard.
The B oard ma y require remova l of any inopera tive vehicles, or any unsightly vehicle, a nd any other e quipment or item improperly stored in par king spa ces to a n are a desig nated within the proper ty for the stora ge of suc h vehicles ( the ca mper-boa t storag e area). If the same is not removed, the Board may cause removal at the risk and expense of the owner thereof. Use of all parking areas may be re gulated and is subjec t to the provisions of Article 6 of this De claration.
10.04 Common Drive and Walks Common drives, walks, corr idors and stairwa ys shall be used e xclusively for nor mal transit and no obstruction shall be pla ced the reon or there in except by express written conse nt of the B oard.
10.05 Interior Unit Maintena nce 10.05.01 Each unit owner shall, at his sole expense, ha ve the r ight a nd the duty to keep the interior of his unit and its equipment, applianc es, and a ppurtena nces in g ood order, condition and repair and shall do all redecorating and painting at any time necessary to maintain the g ood appea rance and c ondition of his unit . Eac h owner shall be re sponsible for the maintena nce, r epair or re place ment of any plumbing fixtures, water heaters, fans, heating, air conditioning or other equipment,
c ondition of his unit . Eac h owner shall be re sponsible for the maintena nce, r epair or re place ment of any plumbing fixtures, water heaters, fans, heating, air conditioning or other equipment, electrical fixtur es or appliances which are in his unit and service his unit.
10.05.02 Without limi ting the g enerality of the for egoing, e ach ow ner sha ll have the r ight and the duty, at his sole cost and expense, to maintain, repair, paint, paper, panel, plaster, title, and f inish the interior surfa ces of the ce ilings, floors, window frames, door fr ames, trim, and the pe rimeter w alls of the unit and the surf aces of the bea ring walls locate d within his uni t and shall not permit or commit waste of his unit or the common are as. Eac h owner shall have the right to substi tute new finished surfa ces for the finished sur faces then e xisting on said ce ilings, floors a nd walls. Eac h owner and his ag ent has the r ight to maintain, re pair, pa int, finish, alter, substitute, add or r emove a ny fixtures attac hed to said ce ilings, floors or 15walls. This section 10.5 shall not be construed as permitting an interference with or damage to the structural integrity of the building or interference with the use and enjoyment of the comm on areas or of the other units or any of them, nor shall it be construed to limit the powers or obliga tions of the Boa rd her eunder .
10.05.03 Limited common area s, as def ined in Article 6, a lthough the use , condition and appea rance ther eof ma y be re gulated under provisions of this Declar ation or the Bylaws or r ules, are for the sole and exclusive use of the units for which they are reserved or assig ned. Unit owner s will be responsible for care and ma intenance of
is Declar ation or the Bylaws or r ules, are for the sole and exclusive use of the units for which they are reserved or assig ned. Unit owner s will be responsible for care and ma intenance of the limited common area s rese rved f or or a ssigne d to their units. Owners may not, however, mod ify, paint or otherwise decorate, or in any way alter their respective limited comm on areas without prior approval of the Board. Wit h respect to a limited comm on area reserved for or assigned to more than one unit for the mutual a nd joint use thereof , the cost of c aring for a nd maintaining suc h limit ed common ar ea sha ll be divided in equal shar es among the units for which such limited comm on area is reserved with each such share being collected as a special assessment owed by each such unit.
10.06 Exterior Appe arance I n order to preser ve a unif orm exterior appe arance to a ll of the buildings and the common and limited common are as visible to the public, the B oard ma y require and provide for the painting and other decorative finish of the buildings, balconies, or other c ommon or limi ted common ar eas, a nd presc ribe the ty pe and c olor of such dec orative f inished, and may prohibit, require or re gulate any modification or decor ation of the building s, balconies, or other c ommon or limi ted common ar eas undertaken or proposed by any owner. This power of the Board extends to screens, doors, awning s, rails or other visible portions of eac h unit and eac h building. The Board may also requir e use of a uniform c olor of dra perie s, under- drape ries or dr apery lining for all units.
10.07 Effect on I nsuranc e Nothing shall be done or kept in any unit or in the common are a
requir e use of a uniform c olor of dra perie s, under- drape ries or dr apery lining for all units.
10.07 Effect on I nsuranc e Nothing shall be done or kept in any unit or in the common are a which will incre ase the rate of insuranc e on the c ommon area or units without the prior written consent of the Board. No owner shall permit anything to be done or kept in his 16unit or in the comm on or limited comm on areas which will result in the cancellation if insurance or any unit or any part of the comm on or limited areas, or which would be in violation of any laws.
10.08 Signs No sig n of any kind shall be display ed to the public view on or from any unit or common are a or limited common are a without the prior c onsent of the B oard; provide d, that this section shall not apply to Decla rant or D eclarant’s a gents during the first four (4) year period after establishment of this condominium.
10.09 Pets No animals, which ter m includes livestock, domestic animals, poultry , reptiles or living cr eatur es of a ny kind, shall be raise d, bred, or kept in any unit or in the common or limit ed common ar eas, w hether as pets or othe rwise, e xcept subjec t to rules and regulations adopted by the B oard, or bylaws adopte d by the Association. The Board may at any time require the re moval of any animal which it finds is disturbing other owner s unreasonably, in the Board’s determination, and may exercise this authority for specific animals eve n though othe r animals ar e per mitted to remain.
10.10 Offensive Activity No noxi ous, offe nsive, or illeg al activity shall be ca rried on in a ny unit or common are a, nor sha ll any thing be done ther ein which may be or be come a n annoyance or nuisance to the other owners.
ous, offe nsive, or illeg al activity shall be ca rried on in a ny unit or common are a, nor sha ll any thing be done ther ein which may be or be come a n annoyance or nuisance to the other owners.
10.11 Common Area Alter ations Nothing sha ll be altere d or construc ted in or re moved from the common ar ea except upon the w ritten consent of the B oard a nd afte r proc edure s require d here in or by law.
10.12 House Rules The B oard or the Association member ship is empowere d to pass, amend and re voke deta iled administrative rules a nd reg ulations, or “House Rules”, nec essar y or convenient from time to time to insure compliance with the general guidelines of this Article a nd the other pr ovisions of this Declara tion.
11 COMMON EXPENSES A ND ASS ESSM ENTS 11.01 Estimated Ex penses Within thi rty (30) da ys prior to the beg inning of each cale ndar y ear, the B oard: shall estimate the char ges (including common expenses, and any specia l assessments for particula r units) to be paid during such y ear; shall make provision for 17creating , funding and maintaining reserves f or conting encie s, opera tions, and repa ir, repla ceme nt and ac quisiti on of common ar eas a nd fac ilities; and shall take into account any expected income a nd any surplus available from the pr ior year’s oper ating fund. The Declarant or initial Boar d may at any suitable time establish the first such e stimate. I f the sum estimated and budg eted a t any time proves inade quate f or any reason ( including nonpayment for any reason of any owner’s assessment), the Board may at any time levy a further assessment, which shall be assessed to the owners in like proportions.
quate f or any reason ( including nonpayment for any reason of any owner’s assessment), the Board may at any time levy a further assessment, which shall be assessed to the owners in like proportions.
11.02Payment by Owners Each owner shall be obligated to pay assessments made pursuant to this Article to the trea surer for the A ssociation in equal monthly installments on or before the first day of ea ch month during such y ear, or in such other reasonable manne r as the Board shall desig nate, a nd any unpaid assessments shall bea r intere st at the rate of ten (10%) perc ent per annum from due date until paid. The budg et may be re viewed a nd revised by the member ship at any annual mee ting, or any specia l meeting called f or such purpose, but if not so re viewed or if no cha nge is made sha ll be deeme d approve d.
11.03Purpose All funds collected hereunder shall be expended for the purposes designated in this Declar ation.
11.04Separate Accounts The Board shall require that the Association ma intain separate accounts for cur rent ope rations, re serve s, and a spe cial sepa rate reserve a ccount f or payment of insuranc e. Ea ch month the B oard sha ll first deposit to the insurance r eserve account that portion of the common expense asse ssment nece ssary to pay at least one twelfth of the total c ost of all of the insura nce policie s provided re garding the condominium and such insurance reserve account shall be held separately and inviolate until uti lized for payment of insuranc e pre miums. Therea fter the rema inder of the assessments collec ted may be utiliz ed for payment of other e xpenses or deposited or credited to other ac counts. All such assessments shall be c ollected a nd held in trust for,
ma inder of the assessments collec ted may be utiliz ed for payment of other e xpenses or deposited or credited to other ac counts. All such assessments shall be c ollected a nd held in trust for, and administere d and expended f or the be nefit of, the unit owne rs.
11.05Based on Percentage Exc ept for certain special assessments which ma y be levied against particula r units under the pr ovisions of this Declara tion, all assessments for c ommon expenses shall be asse ssed to unit and the owner s thereof on the basis of the pe rcentages 18set forth in Schedule B he reof and any amendments ther eto.
11.06 Omission of Assessment The omission by the B oard or the Association bef ore the expiration of any year to fix the estimate and assessments hereunder for that or the next year, shall not be deemed a waiver or modification in any respect of the provisions of this Declaration, or a re lease of the owne r from the obliga tion to pay the assessments, or a ny installment thereof f or that or a ny subsequent y ear, but the assessment fixed for the preceding year shall continue until a new a ssessment is fix ed.
11.07 Records The Board shall ca use to be ke pt detailed, ac curate records in the f orm established by the Association’s a ccounta nt of the re ceipts and e xpenditures of the Association, spec ifying a nd itemiz ing the maintenanc e and r epair expenses and any other expense incurr ed. Such re cords a nd any resolutions authorizing the pa yments involved shall be available for exami nation by any owner at convenient hours of week days.
11.08 Lien Indebtedne ss Each monthly assessment and e ach spe cial asse ssment shall be joint and seve ral pe rsonal debts a nd obliga tions of the owner or owne rs and c ontrac t
s of week days.
11.08 Lien Indebtedne ss Each monthly assessment and e ach spe cial asse ssment shall be joint and seve ral pe rsonal debts a nd obliga tions of the owner or owne rs and c ontrac t purcha sers of units for which the sa me ar e asse ssed as of the time the assessment is made and shall be c ollectible as such. T he amount of a ny assessment, whe ther re gular or specia l, assessed to any unit and the owner and/or purc haser of any unit plus i ntere st at the rate of ten (10%) percen6t per annum, and costs, including reasonable attorney’s fees, shall be a lien upon such unit, the appurtenant limited comm on area and the exclusive use there of. The sa id lien for pay ment of such a ssessments shall have pr iority over a ll other liens and enc umbranc es, re corde d or unre corde d except first mortg ages or trust dee ds on each unit. Sui t to recove r a mone y judgme nt for unpaid a ssessments shall be maintainable without fore closure or waiving the lien sec uring the same.
11.09 Certifica te of Asse ssment A cer tificate e xecute d and ac knowledg ed by the trea sure or the pre sident of the B oard or authorized ag ent there of if neither the pre sident nor trea surer is available, stating the indebtedne ss for asse ssments or lack ther eof se cured by the assessment lien upon any unit shall be conclusive upon the B oard a nd the owner s as tot he amount of suc h indebtedness on the da te of the c ertifica te, in favor of all per sons who rely there on in good f aith, and such a certificated sha ll be furnished to a ny owner or any 19encumbrancer of a unit within a reasonable time after request, in recordable form, at a reasonable fe e. Unless other wise prohibited by law, any encumbr ancer holding a lien on
ny owner or any 19encumbrancer of a unit within a reasonable time after request, in recordable form, at a reasonable fe e. Unless other wise prohibited by law, any encumbr ancer holding a lien on a unit may pay any unpaid common expenses pay able with re spect to such unit and upon such pay ment such enc umbranc er sha ll have a lien on suc h unit for the amounts paid of the same r ank as the lien of his encumbr ance.
11.10Security Deposit A u nit owner may be required, by the Board or by the managing agent, from time to time, to make and maintain a secur ity deposit not in ex cess of three (3) months estimated mo nthly assessments, which ma y be collected as are other assessments.
Such deposit shall be held in a se parate fund, c redited to such ow ner, a nd resor t may be had thereto at any time when such owner is ten (10) days or more delinquent in paying his monthly or other assessment.
11.11 Foreclosure of Assessment L ien; Attorney ’s Fe es and Costs The De clarant, manag er, or Board on beha lf of the Assoc iation may initiate action to fore close the lien of any assessment. In any action to foreclose a lien of any assessment. In any action to foreclose a lien ag ainst any unit for nonpay ment of delinquent a ssessments, any judge ment rendered against the able sum for attorney’s fees and all costs and expenses reasonably incurred in preparation for or in the prosecution of said action, in addition to taxable costs permitted by law.
11.12Rental Value From the time of comm encement of any action to foreclose a lien against a unit for nonpayment of delinquent assessments, the owner or purchaser of such unit shall pay to the Association the re asonable renta l value of the unit to be fix ed by the B oard, a nd
against a unit for nonpayment of delinquent assessments, the owner or purchaser of such unit shall pay to the Association the re asonable renta l value of the unit to be fix ed by the B oard, a nd the plaintiff in any such foreclosure shall be entitled to the appointment of a receiver to collect the same, who may, if said rental is not paid, obtain possession of the unit, refurbish it for re ntal up to a re asonable standard f or rental units in t his ty pe of condominium, rent the unit or per mit it s rental to other s, and apply rents first to costs of refurbishing the unit, then to costs, fees a nd char ges, of the f oreclosure ac tion, then to the payment of the de linquent assessment cha rges.
11.13 Rental Apar tments I f a unit is rente d by its owner, the B oard ma y collect a nd the tenant or lessee shall pay over to the B oard so much of the re nt for such unit as is re quired to pay 20any amounts due the Board hereunder, plus interest and costs, if the same are in default over thirty (30) da ys. The re nter or le ssee sha ll not have the rig ht to question pay ment over to the B oard, a nd such pay ment will discharg e the lesse e’s or rente r’s duty of payment to the owner for rent, to the extent such rent is paid to the Association, but will not discharg e the liability of the owne r or pur chase r and the unit under this Decla ration for assessments, or operate as an approval of the lease. The Board shall not exercise this power wher e a receiver ha s been a ppointed.
11.14 Termination of U tility Service In addition to and not by way of limitation upon ot her methods of collec ting a ny assessments, the B oard sha ll have the r ight, a fter ha ving g iven
ed.
11.14 Termination of U tility Service In addition to and not by way of limitation upon ot her methods of collec ting a ny assessments, the B oard sha ll have the r ight, a fter ha ving g iven ten (10) days’ notice to any unit owner who is delinquent in paying his assessments, to cut off any or all utility services to the delinquent owner’s unit unless such assessments are paid.
11.15 Remedies Cumulative The r emedies pr ovided ar e cumulative a nd the B oard ma y pursue them concur rently , as we ll as any other re medies which ma y be ava ilable under law althoug h not expressed here in.
12 INSURANCE 12.01 Insuranc e Covera ge The Board shall obtain and maintain a t all times as a common expense a policy or policies and bonds r equire d to provide: 12.01.01 Fire insurance , with ext ended c overa ge endor sement, in an a mount as near as practicable to the f ull insurable re place ment value ( without deduction for depreciation, but less any other deductions which the Board may find reasonable after consultation with insurance consultants of the c ommon and limit ed common areas and the units, with t he Board na med as insure d as trustee for the be nefit of owner s and mortg agees a s their intere st may appea r, or suc h other fir e and casua lty insurance as the B oard sha ll determine to g ive substantially equal or greater prote ction insuring the owner s, and their mortg agees, a s their intere st may appear. Said policy or policies shall provided for separate protection for each unit to the full insurable re place ment value ther eof, ( limit ed as a bove provide d), and a 21separ ate loss pay able e ndorsement, in fa vor of the mor tgagee or mortg agees of
otection for each unit to the full insurable re place ment value ther eof, ( limit ed as a bove provide d), and a 21separ ate loss pay able e ndorsement, in fa vor of the mor tgagee or mortg agees of each unit, if any , and fur ther, a separ ate loss pay able c lause in fa vor of the mortg agee of the condominium, if any . All insurance shall be obtained f rom an insurance carrier r ated Tr iple A by Best’s I nsuranc e Reports or e quivalent ra ting service , and license d to do business in the St ate of Utah.
12.01.02 Gene ral comprehe nsive liability insurance insuring the Board, the Assoc iation, the owner s, Dec larant and manag ing a gent ag ainst any liability to the public or to the owners of units and of the comm on and limited comm on areas, and their invitees, or tena nts, incident to the ownership or use of the c ommon and limit ed common areas and units, (including but not limited to owned and non-owned automobile liability ) the liability under w hich insuranc e shall be not less than O ne Million Dollars ($1,000,000.00) for a ny one per son injured, One Million Dollars ($1,000,000.00) f or any one ac cident, and F ifty Thousand Dollar s ($50,000.00) for pr operty damag e (suc h policy limit s to be revie wed a t least annua lly by the Board and inc reased in its discretion).
12.01.03 Workmen’s compensation insurance to the extent required by applicable laws.
12.01.04 Fidelity bonds naming the member s of the B oard, the manag er and such other persons a s may be desig nated by the B oard a s principals and the unit owners as oblige es, in an a mount equal to at least one -half of the total estimated ca sh to be collecte d as asse ssments eac h year.
ay be desig nated by the B oard a s principals and the unit owners as oblige es, in an a mount equal to at least one -half of the total estimated ca sh to be collecte d as asse ssments eac h year.
12.01.05 Insuranc e against loss of personal pr operty of the Assoc iation by fire, the ft and other losses with deduc tible provisions as the Boa rd dee ms advisable.
12.02 Owner ’s Additional I nsuranc e Ea ch owne r may obtain additional insurance respe cting his unit at his own expense; no owner shall, however, be entitles to exercise his right to maintain insurance cover age in any manner which would dec rease the a mount which the Board, or a ny trustee f or the B oard, on be half of a ll of the owner s, will realize under a ny insurance policy which the B oard ma y have in f orce on the condominium at any particula r time. Each ow ner is re quired to and a grees to notify the B oard of all improvements by the owner to his unit the value of which is in excess of One T housand Dollars 22($1,000.00). Any owner who obtains individual insurance policies coving any portion of the condominium other than pe rsonal prope rty belong ing to suc h owner is hereby required to file a copy of such individual policy or policies with the Board within thirty (30) days after purchase of such insurance, and the Board shall imme diately review its effect with the B oard’ s insurance broker , agent or c arrier.
12.03 Insuranc e Proce eds I nsuranc e proc eeds f or dama ge or de struction to any part of the proper ty shall be paid to the B oard on be half the A ssociation which shall seg regate suc h proceeds from o ther funds of the Association for use and payment as provided for in
to any part of the proper ty shall be paid to the B oard on be half the A ssociation which shall seg regate suc h proceeds from o ther funds of the Association for use and payment as provided for in Article 13. The Association ac ting throug h its Boar d shall have the authority to settle and compromise any claim under insurance obtained by the Association, and the insurer ma y accept a r elease and discha rge of liability made by the B oard on be half of the named insureds under the policy.
12.04 Additional Poli cy Provisions To the ex tent deeme d prac ticable a nd desirable by the Board, af ter consultation with t he Associa tion’s insurance broker , agent or c arrier, the insurance policy or policies required under section 12.1 shall: 12.04.01 Provide that the liability of the insure r there under sha ll not be affe cted by , and that the insurer shall not claim any right of set-off, counterclaim, apportionment, prora tion, or contribution by reason of any other insura nce obta ined by or for any unit owner; 12.04.02 Contain no provision relieving the insurer from liability for loss occurring while the hazard to such building is increa sed, whe ther or not within the knowledg e or control of the B oard, or beca use of a ny brea ch of w arranty or condition or any other a ct or ne glect by the B oard or any unit owner or a ny other pe rsons under either of them; 12.04.03 Provide that such policy may not be ca ncele d (whe ther or not r equeste d by the Board) except by the insurer giving a t least six ty (60) da ys’ prior wr itten notice there of to the B oard a nd ever y other pe rson in interest who sha ll have re quested such notice of the insurer ;
except by the insurer giving a t least six ty (60) da ys’ prior wr itten notice there of to the B oard a nd ever y other pe rson in interest who sha ll have re quested such notice of the insurer ; 12.04.04 Contain a waive r by the insurer of any right of subrog ation to any right of the 23Board, and the Association, or e ither to any right of the B oard, a nd the Association, or e ither ag ainst the owner or lessee of any unit; and 12.04.05 Contain a standard mortgagee clause which shall: (a) Provide that any reference to m ortgagee in such policy shall mean and include all holders of mortg ages of a ny unit or unit lease or sublea se of the c ondominium, i n their re spective order and pre ference, whether or not named the rein; (b) Provide tha t such insuranc e as to the inter est of any mortg agee sha ll not be invalidated by any act or neglect of the Board or unit owners or any persons under any of them; (c) Waive any provision invalidating suc h mortg age clause by reason of the fa ilure of any mortg agee to notify the insurer of any hazardous use or vaca ncy, any require ment that the mortg agee pa y any premium there on, and any contribution clause; a nd (d) Provide tha t without affec ting a ny protec tion affor ded by such mortg agee clause, a ny proce eds pay able unde r such policy shall be pay able to the B oard or the insuranc e trustee .
13 DAMAGE OR DESTR UCTION: RECONST RUCTION 13.01 Initial Boar d Deter minations I n the eve nt of damag e or de struction to any part of the property, the Board shall promptly, and in all events within sixty (60) days after the date of damage or destruction, make the following determinations with respect thereto employ ing suc h advice as the B oard de ems advisable:
mptly, and in all events within sixty (60) days after the date of damage or destruction, make the following determinations with respect thereto employ ing suc h advice as the B oard de ems advisable: 13.01.01 The na ture a nd extent of the damag e or de struction, toge ther with an inve ntory of the improvements and property directly affected thereby.
13.01.02 A reasonably reliable estimate of the c ost to repair a nd restore the damag e and destruction, which e stimate shall, of rea sonably prac ticable, be based upon two or more firm bids obtained from responsible contractors.
13.01.03 The a nticipated insuranc e proc eeds, if a ny, to be ava ilable from insura nce cover ing the loss based on the a mount paid or initially offered by the insurer .
13.01.04 The a mount, if any , that the estimated c ost of repa ir and re storation exceeds the anticipated insurance proceeds therefor and the amount of assessment to each unit if such excess paid a s a maintena nce e xpense a nd specia lly assessed a gainst all the 24units in proportion to their percentage of interest in the comm on areas.
13.01.05 The B oard’ s recommendation as to whethe r such da mage or de struction should be repaired or r estored.
13.02Notice of Damage or Destruction The Board shall promptly, and in all events within sixty (60) da ys after the date of damag e or de struction, provide e ach ow ner, a nd eac h mortg agee who has there tofore r equeste d specia l notice, with a wr itten notice summa rizing the initial Board determination ma de under Section 13.1. If the Board fails to do so within said si xty (60) da ys, then any owner or mortg agee ma y make the determinations required under Section 13.1 and give the notice required under this Section 13.2.
If the Board fails to do so within said si xty (60) da ys, then any owner or mortg agee ma y make the determinations required under Section 13.1 and give the notice required under this Section 13.2.
13.03 Definitions : Restoration: Emerg ency Work 13.03.01 As used in this Article 13, the wor ds :”repa ir”, “ reconstruct”, “ rebuild” or “restore” shall mean restoring the improvements to substantially the same condition in w hich they existe d prior to the damage or destruction, with each unit and the c ommon and limit ed common ar eas ha ving substantially the same ve rtical and horizontal boundaries a s befor e.
13.03.02 As used in this Article 13, the ter m “emer gency work” shall mean that wor k which the B oard de ems rea sonably nece ssary to avoid further damag e, destruc tion or substantial diminuti on in value to the improveme nts and to rea sonably protec t the owner s from liability from the c ondition of the site.
13.04 Restoration by Board 13.04.01 Unless prior to the c ommenceme nt of repa ir and re storation work (othe r than emer gency work re ferred to in subsec tion 13.3.2) the owner s shall have de cided not to repair a nd rec onstruct in acc ordanc e with the provisions of either subsection 13.5.2 or 13.6.3, the B oard sha ll promptly repa ir and re store the da mage and destruction, use the available insurance proce eds there for, a nd pay for the a ctual cost of repair and restoration in excess of insurance proceeds secured as a common expense which shall be spe cially assessed a gainst all units in proportion 25to their percentages of interest in the comm on areas.
13.04.02 The Board shall have the authority to employ architects and attorneys, advertise
spe cially assessed a gainst all units in proportion 25to their percentages of interest in the comm on areas.
13.04.02 The Board shall have the authority to employ architects and attorneys, advertise for bids, let contracts to contractors and others, and to take such other action as is reasonably nece ssary to effe ctuate the repa ir and re storation. Contracts for such repair and re storation shall be aw arded when the B oard, by means of insura nce proce eds and suf ficient a ssessments, has provision for the c ost thereof . The B oard may further authorize the insuranc e carrier to proce ed with re pair a nd restora tion upon satisfaction of the Board that such work will be appropriately carried out.
13.04.03 The B oard ma y enter into a written ag reement in rec ordable form with any reputa ble financ ial instit ution or trust or escr ow company that such firm or instit ution shall act as an insura nce tr ustee to adjust and se ttle any claim for suc h loss in ex cess of $50,000.00, or for such firm or institution to collect the insuranc e proce eds and c arry out the provisions of this Article.
13.05 Limited Damag e; Assessment Unde r $3,500 I f the a mount of the estimated asse ssment deter mined under subse ction 13.1.4 does not exceed $3,500 f or any one unit then the provisions of this section 13.5 shall apply: 13.05.01 Either the B oard or a requisite number of owne rs, within fifteen ( 15) day s after the notice re quired unde r Section 13.2 has be en given, may , but shall not be require d to, call a spe cial owne rs' meeting in acc ordanc e with subsection 8.4.2 to consider such re pair a nd restora tion work.
13.05.02 Except f or eme rgency work, no re pair a nd restora tion work shall be commenc ed
ial owne rs' meeting in acc ordanc e with subsection 8.4.2 to consider such re pair a nd restora tion work.
13.05.02 Except f or eme rgency work, no re pair a nd restora tion work shall be commenc ed until after sa id fifteen ( 15) day period a nd until after the c onclusion of said spec ial meeting if such me eting is called within said fifteen (15) days.
13.05.03 A unanimous dec ision of the unit owners will be re quired to avoid the pr ovisions of subsec tion 13.4.1 and to determine not to re pair a nd restore the damag e and destruction; provided, that the failure of the Board or the owners within said fiftee n (15) da ys period to ca ll for said spec ial meeting shall be dee med a unanimous decision to underta ke such w ork.
13.06 Major Da mage; Assessment over $3,500 I f the a mount of the estimated asse ssment 26deter mined under subse ction 13.1.4 exceeds $3,500 for any one apa rtment, then the provisions of this Section 13.6 shall apply: 13.06.01 The B oard sha ll promptly , and in all eve nts within si xty (60) da y period, then notwithstanding the pr ovisions of subsection 8.4.2 any owner or mortg agee ma y convene and conduc t the meeting require d under this subsection 13.6.1 13.06.02 Omitted in original document 13.06.03 A conc urring vote of more than two thirds (2/3) of the total voting powe r will be required to avoid the provision of subsection 13.4.1 and to determine not to repair and re store the da mage and de struction; provided, howe ver, tha t failure of the Board, or owne rs, or mortg agees to c onvene the specia l meeting require d under subsection 13.6 1 within ninety (90) da ys after the date of damag e or de struction shall be dee med a una nimous decision not to undertake suc h repa ir and re storation work.
ng require d under subsection 13.6 1 within ninety (90) da ys after the date of damag e or de struction shall be dee med a una nimous decision not to undertake suc h repa ir and re storation work.
13.07 Decision Not to R estore; Disposition I n the eve n of a de cision under e ither subsec tions 13.5.2 or 13.6.3 not to repa ir and re store dama ge and de struction, the B oard ma y never theless expend such of the insura nce pr oceeds and common funds a s the Boa rd deems re asonably nece ssary for e merg ency work (w hich emer gency work may include but is not necessar ily limit ed to re moval of the da maged or de stroy ed buildings a nd clearing, filling a nd grading the re al prope rty), and the rema ining f unds, if any , and property shall thereafter be held and distributed as follows: 13.07.01 The prope rty shall be owne d in common by the unit owners a nd shall no longe r be subject to this Declar ation or to condominium ownership; 13.07.02 The undivided intere st in the property owned in common which a pperta ins to each unit owner shall be the perc entag e of undivided inter est previously owned by such owner in the comm on areas and facilities; 13.07.03 Any mortgages or lien affecting any of the units shall be deemed transferred in accordance with the existin g priorities to the percentage of the undivided interest of the unit owner in the proper ty as provided he rein; and 13.07.04 The property shall be subject to an action partition at the suit of any unit owner, in 27which eve nt the net proc eeds of sale, tog ether with the net proc eeds of the insurance of the property, if any, shall be considered as one fund; such fund shall be divided into separate shares one for each unit owner in a percentage equal to
her with the net proc eeds of the insurance of the property, if any, shall be considered as one fund; such fund shall be divided into separate shares one for each unit owner in a percentage equal to the percentage of undivided interest owned by each such owner in the property; the, af ter fir st pay ing out of the re spective sha re of each unit owner in a percentag e equa l to the perc entag e of undivided inter est owned by each such owner in the proper ty; then, afte r first pay ing out of the re spective sha re of each unit owner, to the e xtent sufficie nt for the pur pose, all mortg ages and liens on the undivided interest in the prope rty owned by such unit owner, the balanc e remaining in each share shall then be distributed to each unit owner respectively.
13.08 Miscellaneous The provisions of this Article 13 shall constitute the proc edure by which a dete rmination is made by the unit owners to re pair, re store, re construct or rebuilt as provided in the Ac t. By the ac t of ac cepting an intere st in the property , each unit owner and par ty claiming by, throug h or under such owne r hereby consents and a grees to the provisions thereof . In the eve nt that any provision of this Article 13 shall be de termined to be invalid or unenf orceable by any court of c ompetent jurisdiction, such deter mination shall not effect the validity of any other provision of this Declaration. The purpose of this Article 13 shall be to provide a fair and equitable method of allocating the cost of repair and re storation and making a dete rmination for re pair a nd restora tion if all or a portion of the improvements ar e dama ged or de stroy ed. The provisions of this Article 13 shall be
of repair and re storation and making a dete rmination for re pair a nd restora tion if all or a portion of the improvements ar e dama ged or de stroy ed. The provisions of this Article 13 shall be liberally construed to accomplish such purpose. The dollar amounts specified in this Article 13, ma y, in the discretion of the Board, be inc reased propor tionately by the incre ase in the c onsumer pric e index for all items prepa red by the United States Depa rtment of L abor f or the y ear prec eding the damag e over the y ear 1976 to adjust for any inflation in the value of the dollar. B y unanimous vote, which vote sha ll be taken within ninety (90) da ys after the damag e of de struction, the owner s may deter mine to do otherwise tha n provided in this Article 13.
14 CONDEMNATION 2814.01 Consequence s of Condemnation I f at a ny time or times during the continuanc e of the condominium ownership pursuant to this Declaration, all or any part of the property shall be take n or conde mned by any public authority or sold or otherw ise disposed of in lieu of or in advance thereof, the provisions of this Article 14 shall apply.
14.02Proceeds All compensation, damages, or other proceeds therefrom, the sum of which is hereinafter called the “Condemnation Awa rd”, sha ll be pay able to the Assoc iation.
14.03 Complete Taking In the eve nt that the entire pr operty is taken or c ondemned or sold or otherwise disposed of in lieu of or in avoidance thereof, the condominium ownership pursuant ther eto shall terminate. T he Condemnation Awa rd shall be a pportioned amount the owner s in proportion to the respe ctive undivided intere st in the common area ; provided, that if a standard different from the value of the property as a whole is
d shall be a pportioned amount the owner s in proportion to the respe ctive undivided intere st in the common area ; provided, that if a standard different from the value of the property as a whole is employ ed to measur e the Condemna tion Award in the ne gotiation, judicial decre e, or otherwise, the n in determining such shar es the same standard sha ll be employ ed to the extent it is releva nt and applica ble. On the ba sis of the fore going pr inciple, the B oard shall as soon as pra cticable deter mine the share of the Condemnation aw ard to whic h each owner is entitled. After f irst pay ing out of the re spective sha re of each owner , to the extent sufficient for the purpose, a ll mortga ges and liens on the inter est of such ow ner, the balance remaining in each share shall then be distributed to each owner respectively.
14.04 Partial Taking In the eve nt that less than the entire proper ty is taken or c ondemned, or sold or otherwise disposed of in lieu of or in avoidanc e ther eof, the condominium owner ship hereunde r shall not terminate. Ea ch owne r shall be e ntitled to a share of the Condemnation Awar d to be deter mined in the following manner : 14.04.01 As soon as pra cticable the B oard sha ll, reasona bly and in g ood faith, alloca ted the Condemnation Award between compensation, damages, or other proceeds.
14.04.02 The B oard sha ll apportion the amounts so allocate d to taking of or injury to the comm on areas which in turn shall be apportioned among owners in proportion to their respective undivided interests in the comm on areas.
14.04.03 The total amount allocated to severance damages shall be apportioned to those units which were not taken or c ondemned.
oportion to their respective undivided interests in the comm on areas.
14.04.03 The total amount allocated to severance damages shall be apportioned to those units which were not taken or c ondemned.
2914.04.04 The respective amounts allocated to the taking of or injury to a particular unit and/or improveme nts an owner had made within his own unit shall be appor tioned to the particula r unit involved.
14.04.05 The a mount allocated to conse quential damag es and a ny other taking s or injuries shall be apportioned as the Board determines to be equitable in the circumstances.
14.04.06 If an a llocation of the Condemnation Awa rd is alre ady established in neg otiation judicial decr ee, or otherwise, the n in allocating the Condemnation Awa rd the Board shall employ such alloca tion to the ex tent it is relevant and a pplicable.
14.04.07 Distribution of apportioned proc eeds sha ll be made to the r espec tive owner s and their re spective mortg agees in the ma nner pr ovided in Section 14.3 14.05 Reconstruc tion and Repair Any reconstruction and re pair ne cessitated by condemna tion shall be for med by the proc edure s specifie d in Article 13 a bove, provide d that the B oard may retain and apply such portion of e ach ow ner’s share of the Condemnation Awa rd as is nece ssary to discharg e said owne r’s liability for a ny specia l assessment ar ising fr om the opera tion of said Article 13.
15 COMPLIANCE WI TH D ECLARATION 15.01 Enforc ement Ea ch owne r shall comply strictly with the provisions of this Declar ation and with the B ylaws and a dminist rative r ules and re gulations passed her eunder , as the same may be lawf ully amende d from time to time, and with all decisions adopted
ions of this Declar ation and with the B ylaws and a dminist rative r ules and re gulations passed her eunder , as the same may be lawf ully amende d from time to time, and with all decisions adopted pursuant to this Decla ration and the Bylaws and a dminist rative r ules and re gulations.
Failure to comply shall be g rounds for a n action to re cover sums due for da mages, or injunctive relief, or both, maintainable by the Board acting through its officers on behalf of the owne rs, or by the ag grieve d owner on his own.
15.02 No Waiver of Strict Perf ormanc e The failure of the B oard in a ny one or more instances to insist upon the strict per formanc e of a ny of the ter ms, covena nts, conditions or restric tions of this Declara tion, or of the B ylaws, or to exerc ise any right or statute any action, shall not be construed as a waiver or a relinquishment for the future of such term, covenant, condition or restriction, but such term, covenant, condition or restriction shall 30rema in in full force and ef fect. The re ceipt by the B oard of any assessment fr om an owner , with knowledg e of a ny such bre ach sha ll not be deemed a waiver of such br each, and no wa iver by the B oard of any provision here of shall be de emed to have been ma de unless expressed in writing and sig ned for the B oard. This sec tion also ex tends to the Declarant or Dec larant’s manag ing a gent, exercising the power s of the B oard dur ing the initial period of operation of the Association and the condominium.
16 LIM ITATION OF LIA BILI TY 16.01 Liability for Utility Failure, etc . Ex cept to the e xtent cover ed by insurance obtained by the B oard pur suant to Article 12, ne ither the Assoc iation nor the B oard ( or the De clarant
.01 Liability for Utility Failure, etc . Ex cept to the e xtent cover ed by insurance obtained by the B oard pur suant to Article 12, ne ither the Assoc iation nor the B oard ( or the De clarant or De clarants’ mana ging a gent exercising the power s of the B oard) shall be liable for : any failure of any utilit y or other se rvice to be obtained a nd paid for by the B oard; or f or injury or dama ge to per son or prope rty cause d by the eleme nts, or resulting from electricity , water , rain, dust or sand w hich may lead or flow fr om outside or from any parts of the buildings, or from a ny of its pipes, drains, conduits, appliances, or equipment, or from any other plac e; or for inconvenienc e or discomf ort resulting from any action taken to comply with any law, ordina nce or order s of a g overnme ntal authority . No diminuti on or aba tement of c ommon ex pense a ssessments shall be claimed or allowed f or any such utility or ser vice f ailure, or for suc h injury or dama ge, or f or such inconve nience or discomfort.
16.02 No Personal L iability So long as a Board member , or Associa tion committ ee me mber, or Association offic er, or Declarant or Dec larant’s manag ing a gent exercising the power s of the B oard, ha s acte d in good f aith, without willful or intentional mi sconduct, upon the basis of such information as may be possessed by such person, then no such person shall be per sonally liable to any owner , or to any other pa rty, including the Association, for a ny damag e, loss or pre judice suff ered or cla imed on acc ount of any act, omission, error or negligence of such per son; provided, that this section shall not apply wher e the
ssociation, for a ny damag e, loss or pre judice suff ered or cla imed on acc ount of any act, omission, error or negligence of such per son; provided, that this section shall not apply wher e the conseque nces of such ac t, omissi on, err or or ne gligence a re covere d by insurance obtained by the B oard pur suant to Article 12.
3116.03 Indemnifica tion of Boa rd Member s Each B oard me mber or A ssociation committee member, or Association offic er, or Declarant or Dec larant’s manag ing a gent exercising the power s of the B oard, sha ll be indemnified by the owner s against all expenses and liabiliti es, including attorney ’s fees, re asonably incurre d by or imposed in connec tion with any proce eding to which he may be a pa rty, or in which he may become involved, by reason of holding or having held such a position, or any settlement there of, whe ther or not he holds such position at the time such expenses or liabilities are incurre d except in such cases where in such person is adjudg ed guilty of willful misfeasa nce or malfea sance in the performanc e of his duties; provided, that in the e ven of a settlement, the indemnifica tion shall apply only when the B oard a pproves suc h settlement and re imbursement as be ing for the be st interests of the Assoc iation.
17 MORTGAGEE P ROTEC TION 17.01 Priority of Mortg ages Notwithstanding all other provisions her eof a nd as provided in the Act, the liens c reated under this Declar ation upon any unit for assessments shall be subject to the rig hts of the sec ured pa rty in the case of any indebtedness se cured by mortg ages or de eds of trust which w ere made in g ood faith and f or value upon the unit.
sments shall be subject to the rig hts of the sec ured pa rty in the case of any indebtedness se cured by mortg ages or de eds of trust which w ere made in g ood faith and f or value upon the unit.
Whe re such mo rtgage of the unit as defined i Section 18.1, or other purchaser of a unit, obtains possession of a unit as a r esult of mortg age foreclosure or dee d of trust sale, suc h possessor and his succ essors and a ssigns, shall not be liable f or the shar e of the common expenses or asse ssments by the Association cha rgeable to such unit which bec ome due prior to such possession, but will be liable for the comm on expenses and assessments accruing after such possession. Such unpaid share of comm on expenses or assessments shall be dee med to be common expenses collec tible from all of the unit owne rs including such possessor, his successor and assigns.
17.02 Chang e in Mana ger In the eve nt that professional mana gement is employ ed by the Association, at lea st thirty (30) da ys notice of a ny contemplated c hang e in the profe ssional manag er sha ll be g iven to any instit utional first mortga gee or instit utional deed of trust benef iciary which has r equeste d to be notified, and the agreement with such profe ssional manag er sha ll permit canc ellation on ninety (90) da ys written notice a nd 32shall have a term not in excess of three (3) years.
17.03 Abandonment of Condomini um Status Ex cept whe n acting pursuant to the provisions of the Act involving damage, destruction, or condemnation, the Association shall not, without consent of all institutional first mortgagees and institutional first deed of trust beneficiaries of any unit, seek to abandon the condominium status of the project.
the Association shall not, without consent of all institutional first mortgagees and institutional first deed of trust beneficiaries of any unit, seek to abandon the condominium status of the project.
17.04 Partitions and Subdivi sion The Association shall not partition or subdivide any unit or the appur tenant common and limited common eleme nts, or acc ept any proposal so to do, without the prior appr oval of a ll inst itutional first mortgag ees or instit utional first deed of trust benef iciarie s of the unit being subdivided or par titioned.
17.05Change in Percentages The Association shall not change the percentages of interest in the common ar eas w ithout the prior approva l of all institut ional first mortg agees or institutional first deed of trust beneficiaries of the units, for which the percentages would be cha nged.
17.06 Copies of Notices I n the eve nt the Association g ives to any owner of a unit any notice that such owne r has f or more tha n thirty (30) da ys failed to mee t any obliga tion under the condominium documents, it shall also give a copy of such notice to any institutional first mortg agee or instit utional first deed of trust benef iciary which has r equeste d to be notified.
17.07 Effect of De claration Amendments No a mendment of this Dec laration shall be eff ective to modify, change, limit or alter the rights expressly conferred upon mo rtgagees in this instrument with respec t to any unsatisfied mortg age duly recorded unle ss the amendment shall be conse nted to in writing by the holder of such mortg age.
17.08 Insuranc e Where the mortg agee of a unit as def ined in Section 18.1 has filed a written request with the Board, the Board shall:
onse nted to in writing by the holder of such mortg age.
17.08 Insuranc e Where the mortg agee of a unit as def ined in Section 18.1 has filed a written request with the Board, the Board shall: 17.08.01 Furnish the mortga gee with a copy of any insurance policy or evide nce the reof which is intended to cove r the unit on which such mor tgagee ha s a lien; 17.08.02 Require a ny insurance carrier to g ive such mortg agee at least ten (10) days written notice bef ore c anceling a ny insurance with respec t to such proper ty on which mortg agee ha s a lien; 3317.08.03 Not make a ny settlement of any insurance claims for loss or da mage to any such unit ex ceeding $2,500.00 w ithout the approval of suc h mortg agee; pr ovided, that the withholding of such appr oval shall not be unre asonable or in conflict with the provisions of Article 13.
17.08.04 Give the mortgagee written notice of any loss or taking affecting comm on areas, if such loss or taking exceeds $10,000.00.
17.09Inspection of Books Institutional first mortgagees and institutional deed of trust benef iciarie s shall be entitled to inspect at a ll reasona ble hours of w eek da ys all of the books and re cords of the Association.
18 MORTGAGEE D EFINED Mortg agee of the unit refe rs to the holder of the mortg age or de ed of trust on a unit which was re corde d simult aneously with or afte r the re corda tion of this Declar ation.
19 EASEM ENTS 19.01 In Gene ral I t is int ended tha t in addition to rights under the statue, ea ch unit has an easement in and throug h eac h other unit and the c ommon and limit ed common ar eas for all support elements and utility, wiring, heat and service elements, and for reasonable
atue, ea ch unit has an easement in and throug h eac h other unit and the c ommon and limit ed common ar eas for all support elements and utility, wiring, heat and service elements, and for reasonable access thereto, as required to effectuate and continue proper operation of this condominium plan. With out limiting the generality of the foregoing, each unit and all common and limited common are as, ar e spec ifically subject to an e aseme nt for the benef it of eac h of the other units in t he building f or all duct wor k for the se veral units for flues or chimneys. In addition, each unit and all the comm on and limited comm on areas, are specific ally subject to ea sements as re quired for the interc om and elec trical e ntry system, for the e lectric al wiring and plumbing, f or the a ir conditioning lines a nd equipment, if any , for e ach unit, for the interc om sy stem, if any , and for the master antenna cable system. F inally, each unit as it is constructed is granted an easement to which ea ch other unit and all common and limited common are as are subjec t for the 34location and maintena nce of all the orig inal equipment and f acilities and utilities for such unit. The specif ic mention or re serva tion of any ease ment in this Declara tion does not limit or neg ate the g eneral easement for common fac ilities reserve d by law.
19.02 Association Func tions There is her eby reserved to De clarant and the A ssociation, or their duly authorized agents and representatives, such easements as are necessary to perform the duties and oblig ations of the Associa tion as are set forth in the De claration, or in the Bylaws, and the Association Ru les.
19.03 Encroa chments Eac h unit and all common and limited common are as are her eby
g ations of the Associa tion as are set forth in the De claration, or in the Bylaws, and the Association Ru les.
19.03 Encroa chments Eac h unit and all common and limited common are as are her eby decla red to ha ve an e aseme nt over a ll adjoining units and common and limited common area for the purpose of accomm odating any encroachment due to engineering errors, errors in orig inal construction, settlement or shifting of the building , or any other similar cause, and any encroachment due to building overhang or projection. There shall be valid easements for the ma intenance of said enc roachments so long a s they shall exi st, and the rights and obligations of owners shall not be altered in any way by said encroachment, settling or shifting ; provided, howe ver, tha t in no event shall a va lid easeme nt for encroachme nt be cr eated in favor of an owne r or owne rs if said enc roachment occur red due to the willful act or acts with full knowledge of said owner or owners. In the event a unit or common or limited common area is partially or totally destroy ed, and the n repaired or r ebuilt, the owner s agree that minor encr oachme nts over adjoining units and comm on and limited comm on areas shall be permitted, and that there shall be valid easements for the ma intenance of said enc roachments so long a s they shall exi st. The foregoing e ncroa chments shall not be construe d to be enc umbranc es affecting the marke tability of title to any unit.
20 INTER PRETATION 20.01Liberal Construction The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the development and operation of this Condominium under the provisions of Utah law. It is untended and covenanted also that,
berally construed to effectuate its purpose of creating a uniform plan for the development and operation of this Condominium under the provisions of Utah law. It is untended and covenanted also that, insofar a s it affe cts this Declar ation and condominium, the provisions of the Ac t 35referenced herein under which this Declaration is operative, shall be liberally construed to effectua te the intent of this Dec laration insofar as r easona bly possible.
20.02 Consist ent with Act The terms such a s, but not li mited to, “unit”, “unit owner ”, “assoc iation of unit owners” , “building” , “common ar eas a nd fac ilities”, “ common expenses”, “land”, “limited comm on areas” and “property”, used herein are intended to have the same mea ning g iven in the Act unless the c ontext clearly require s otherwise or to so define the terms would produce an illegal or improper result.
20.03Covenant Running with Land It is intended that this Declaration shall be operative as a set of cove nants running with the land, or e quitable servitudes, suppleme nting a nd interpreting the Act, and operating independently of the Act, and operating independently of the Ac t should be Act be, in a ny respe ct, inapplicable .
20.04 Unit and B uilding B oundary In interpre ting the Re cord Surve y Map, the e xisting physical boundaries of the buildings and each unit as constructed shall be conclusively presumed to be its boundaries.
20.05 “Person” ’ etc. When interpreting this Declar ation, the term “ person” includes natura l person, pa rtnership, c orpora tion, association, trustee or other leg al entity . The ter m “mortg age” ma y be re ad to include de ed of trust. The singula r may include the plura l and
atura l person, pa rtnership, c orpora tion, association, trustee or other leg al entity . The ter m “mortg age” ma y be re ad to include de ed of trust. The singula r may include the plura l and the masculine ma y include the f eminine, or vice versa , wher e the c ontext so admits or requires.
20.06 Captions and Schedules Captions g iven to the var ious Articles and Sec tions herein ar e for convenienc e only and ar e not intended to modify or af fect the meaning of any of the substantive provisions hereof . The va rious schedule s referred to her ein by reference a s though f ully set forth whe re suc h reference is made .
21 PROCEDURES F OR SUBDIVIDING OR C OMBING 21.01 Procedur e Subdivision and/or combining of any unit or units, common area s and facilities, or limited comm on areas and facilities are authorized only as follows: 21.01.01 Any owner of any unit or units may propose a ny subdividing or c ombining of a n unit or units, and appurtenant common areas or limited common areas in writing, 36together with complete plans and spec ifications for a ccomplishing the same a nd a proposed a mendment to the Dec laration, Survey Map and Plans cove ring such subdividing or combining, to the Board, which shall then notify all other unit owner s of the re quested subdivision or combination.
21.01.02 Upon written a pproval of suc h proposal by sixty perc ent (60%) of the owne rs, the owner making the proposal may proce ed ac cording to such plans and specific ations; provided that the B oard ma y in its di scretion (but it i s not mandatory that the B oard e xercise this authority ) require that the B oard a dminist er the work or that the provisions for the pr otection of other units or common are as
cretion (but it i s not mandatory that the B oard e xercise this authority ) require that the B oard a dminist er the work or that the provisions for the pr otection of other units or common are as or reasonable deadlines f or completion of the w ork be inser ted in the contra cts for the work.
21.01.03 The c hang es in the Survey Map, if any , and the c hang es in the Plans and Declaration shall be placed of record as amendments to the Survey Map, Plans, and De claration of Condominium i n acc ordanc e with the provisions of Section 22.1.
22 AMENDM ENT OF DECLARA TION, SURVEY PA Y, PLANS 22.01 Declaration Amendment Amendments to the De claration shall be made by an instrument in writing e ntitled “Amendment to Dec laration” which sets for th the entire a mendment.
Except a s otherwise spe cifica lly provided for in this Declara tion, any proposed amendment must be a pproved by a majority of the B oard pr ior to its adoption by the Owner s. Amendments may be adopte d at a mee ting of the owner s if six ty (60%) perc ent of the owne rs vote for such ame ndment, or without any meeting if all owner s have be en duly notified and sixt y (60%) perc ent of the ow ners c onsent in writing to suc h amendment. I n all events, the a mendment when a dopted shall bea r the sig nature of the president of the Association and sha ll be attested by the sec retary, who shall state whe ther the amendme nt was prope rly adopted, a nd shall be ac knowledg ed by them as off icers of the Association. Am endments once properly adopted shall be effective upon recording in the appr opriate g overnme ntal office s. Any decision cha nging the values or pe rcentages of 37interest expressed he rein, e xcept a s provided her ein, shall requir e the una nimous consent
g in the appr opriate g overnme ntal office s. Any decision cha nging the values or pe rcentages of 37interest expressed he rein, e xcept a s provided her ein, shall requir e the una nimous consent of the unit owner s and their mortg agees. I t is specifica lly covena nted and unde rstood that any amendment to this Declaration properly adopted will be completely effective to amend a ny and all of the covena nts, conditions and restrictions containe d here in which may be affected and any or all clauses of this Declaration or Record of Survey, unless otherwise spe cifica lly provided in the sec tion being a mended or the amendme nt itself.
22.02 Record of Survey Map Amendme nt Ex cept a s otherwise pr ovided her ein, the Rec ord of Survey Map ma y be amended by revised versions or revised portions thereof referred to and desc ribed a s to effe ct in an ame ndment to the Dec laration adopted as provide d for herein. Copies of any such propose d amendment to the Rec ord of Surve y Map shall be made a vailable f or the e xamination of eve ry owner . Such amendment to the Rec ord of Survey Map shall also be e ffective, once proper ly adopted, upon r ecordation in the appropr iate county office in conjunction with the Dec laration amendment.
22.03 Amendments by Declarant The De clarant may at any time rec ord an a mendment to the Declaration showing, correcting or revising the assignment of parking spaces or storage locker s to units and during the initial four (4) y ears chang ing the person who is to re ceive service of proc ess, and suc h amendment ne ed be a cknowledg ed only by the Dec larant and need not other wise comply the re quirements of this Article 22.
hang ing the person who is to re ceive service of proc ess, and suc h amendment ne ed be a cknowledg ed only by the Dec larant and need not other wise comply the re quirements of this Article 22.
22.04Amendments to C onform to C onstruction In addition, Declarant, upon Declarant’s sole signa ture, may file an a mendment to the Dec laration and to the Record of Survey Map, from time to time, to conform them to the ac tual location of a ny of the c onstructed improvements and to esta blish, vacate and re locate utility ease ments, acc ess roa ds easements, and parking areas.
22.05 Discontinuance of Condominium I t is further spe cifica lly covena nted that any decision of failure to ac t by the owner s under this Dec laration or any applicable provision of law which intends or required discontinuance of this condominium or removal of the property from the provisions of the Act, shall, if such decision or failure to act is sufficient with respe ct to condominiums under the Ac t, also terminate a nd discontinue the ef fect of any and all of the covena nts, conditions and restrictions set for th here in, and all provisions of 38the Recor d of Survey Map, unless other spe cific pr ovision is m ade by recorded amendments to the De claration, and, if re quired, to the Rec ord of Surve y Map.
23 MISCELLANEO US 23.01 Service of Proce ss J ake A mos, whose addr ess is 88 West 50 S outh, Box 665, Centerville, Utah 84014, is the pe rson upon whom proc ess may be ser ved as pr ovided for in the Act. Af ter org anization of the Association, ser vice of proce ss for the pur poses provided in the Ac t may also be made upon the pre sident of the Associa tion. The Boa rd
pr ovided for in the Act. Af ter org anization of the Association, ser vice of proce ss for the pur poses provided in the Ac t may also be made upon the pre sident of the Associa tion. The Boa rd may at any time desig nate a new or differ ent per son or ag ency for suc h purposed by filing an ame ndment to this Declara tion lim ited to the sole purpose of making such cha nge, and such ame ndment need only be sig ned and a cknowledg ed by the then pre sident of the Association. The D eclarant may , at any time before the B oard is org anized, chang e such designation to the Declaration signed and acknowledged only be Declarant.
23.02Notices for All Purposes 23.02.01 Deliver y of Notice . Any notice per mitted or require d to be deliver ed under the provisions of this Declaration or by the Bylaws may be delivered either personally or by mail. I f deliver y is made by mail, any such notice sha ll be deeme d to have been de livered twe nty-four (24) hour s after a copy has bee n deposited in the United States mail, postag e pre paid, for f irst class mail, addre ssed to the per son entitled to such notice a t the most rece nt addre ss give n by such per son to the Board, in writing , for the pur pose of se rvice of such notice , or to the most rec ent addre ss known to the Boa rd. Notice to the owner or owne rs of a ny apar tment shall be suffic ient if mailed to the apa rtment of such pe rson or pe rsons if no other mailing a ddress ha s been g iven to the B oard by any of the pe rsons so entitled.
Mailing a ddresse s may be cha nged from time to ti me by notice in writing to the Board.
23.02.02 Mortg age Notice . Upon written re quest there for, a vendor, mortg agee, or deed of
entitled.
Mailing a ddresse s may be cha nged from time to ti me by notice in writing to the Board.
23.02.02 Mortg age Notice . Upon written re quest there for, a vendor, mortg agee, or deed of trust benef iciary of any unit shall be entitled to be sent a c opy of any notices respecting the unit covered by his security instrument until the request is 39withdrawn or the sec urity right discharg ed.
23.03 Severa bility The provisions her eof sha ll be deeme d independe nt and seve rable , and the invalidity or par tial invalidity or unenf orceability of any one provision or portion ther eof shall not affe ct the validity or enf orceability of any other provision her eof, if the rema inder c omplies with the Act or as c ovenants e ffect the common plan..
23.04Effective Date This Declaration shall take effect upon recording.
23.05 Refer ence to Record of Survey Map The Re cord of Survey Map of the building s referred to here in were filed with the Recor der of Salt L ake County , Utah, simultaneously with the 24 SAL E OR LEA SE, R IGHT OF FIRST R EFUSA L, O PTION 24.01 In Gene ral I n the eve nt any owner of a unit shall wish to sell, rent or lea se the same , and has re ceive d any bonafide offer there for from a prospe ctive purc haser or tena nt, the Boa rd shall be g iven written notice of all terms ther eof, tog ether with the name a nd addre ss of the contemplate d lessee, r enter or purc haser , and such c redit, cha racter and other references a s the Boa rd may reque st. Such notice and re ferences shall be g iven to the
a nd addre ss of the contemplate d lessee, r enter or purc haser , and such c redit, cha racter and other references a s the Boa rd may reque st. Such notice and re ferences shall be g iven to the Board for all of the owne rs. The ow ners throug h the B oard, or an assig nee of the B oard for suc h assig nee’s own beha lf and with such a ssigne e’s own f unds, shall have the irrevocable option or right to purchase or lease or rent the subject unit upon the same terms and conditions as set forth in the offer, provided written notice of such election to purcha se, re nt or lease is give n to the selling, r enting , or lea sing ow ner, a nd a matching down pay ment or deposit is provided to the selling , renting , or lea sing ow ner dur ing the fiftee n (15) da y period immediately following the deliver y of the notice of the bona fide offer to the B oard. A fter the Board or its assig nee sha ll have ele cted to exerc ise the option, it s hall have thirty (30) da ys from the da te of such e lection to close the transac tion, but the owner shall not be e ntitled to procee d with any differ ent or other transaction without first again complying with this right of first refusal.
24.02 Acquisition by Board The B oard sha ll not ex ercise this option on behalf of all owne rs 40without the prior written c onsent of all owne rs and c ontrac t purcha sers a nd sellers.
Acquisitions by the B oard of units or interests there in under the pr ovisions of this s ection shall be made from the maintena nce f und. I f the fund is insuffic ient, the B oard ma y levy a spec ial assessment ag ainst eac h unit in proportion to the interests of the owne rs there of in the common are as. The B oard is its discretion may borrow mone y to finance , the
oard ma y levy a spec ial assessment ag ainst eac h unit in proportion to the interests of the owne rs there of in the common are as. The B oard is its discretion may borrow mone y to finance , the acquisition of a unit or intere st therein, which a cquisition is authoriz ed by this section; provided, howe ver, tha t no financing may be sec ured by an enc umbranc e of a ny portion of the property other than the unit or interest therein to be acquired, and shall not permit a defic iency judgme nt ag ainst the Association. Units or intere sts therein ac quired pursua nt to the terms of this section shall be he ld of rec ord in the name of the B oard or nominees of the B oard in trust for all the owner s. Such units or interest there in shall be lease d, rente d, held or sold by the B oard f or the be nefit of the ow ners. The net proc eeds of such leasing , renting or sale sha ll be deposited in the Associa tion accounts, or distributed to the owners, as the Board determines.
24.03 Assignme nt or Subletting The a ssignment or subleasing of a unit shall be subjec t to the same limitations as are a pplicable to the lea sing or renting there of. The liability of the owner under the se cove nants shall continue for subsequent tra nsactions, notwithstanding the fa ct that he may have on one or more times a ssigne d, lease d or re nted said unit and complied her ewith.
24.04 Right to Mortg age In no case shall the rig ht of first re fusal re serve d here in affe ct the right of an owne r to subject his unit to a trust deed, mortg age or othe r security instrument in a transa ction which is not a sale or lease .
24.05Waiver of Board’s Rights The failure or refusal of the Board to exercise the right to so
a trust deed, mortg age or othe r security instrument in a transa ction which is not a sale or lease .
24.05Waiver of Board’s Rights The failure or refusal of the Board to exercise the right to so purchase or lease shall not constitute or be deemed to be a waiver of such right to purchase or lease when an owner receives any subsequent bona fide offer from a prospec tive purcha ser or tenant.
24.06 Deceased Owner The B oard ma y proce ed to purc hase the unit or interest there in of any deceased owner which shall be offered for sale, upon the prior written consent of all unit owners, which consent shall set forth a maximum price which the Board is authorized to 41bid and pay for the unit or inter est there in.
25 TRANSACTIONS NOT AFF ECTED BY RIGHT OF F IRST REFUSAL 25.01 Foreclosure In the eve nt of any defa ult on the part of a ny owner under a ny mortg age or deed of trust made in good faith and for value, which entitled the holder thereof to foreclose same , any sale unde r such f oreclosure or de ed of trust, or a ny delivery of a de ed to the mortg agee or benef iciary in lieu of such for eclosure , shall be made free and c lear of the provisions of Article 24, and the pur chase r (or grante e under such dee d in lieu of foreclosure) of such unit shall be thereupon and thereafter subject to the provisions of this Declaration. I f the purc haser following such for eclosure sale (or grante e under deed given in lieu of such f oreclosure) or sale unde r dee d of trust shall be the holder of the mortg age or the deed of trust benef iciary , or its nominee, the said holder or nominee ma y there after sell and c onvey or re nt or lease the unit free and cle ar of the provisions of
of the mortg age or the deed of trust benef iciary , or its nominee, the said holder or nominee ma y there after sell and c onvey or re nt or lease the unit free and cle ar of the provisions of Article 24, but its g rante e or ve ndee sha ll thereupon a nd there after be subjec t to all of the provisions thereof ; except however , in the case wher e the mortg agee convey s to the Federal Housing A dminist ration, Ve terans Administration, or other mortg agee insure r, pursuant to leg al requirements of the mortg age insuranc e, such mortg age insurer shall be entitled to convey to its purchaser , free and c lear of Article 24, in which ca se its gr antee or vende e shall there upon and ther eafter be subject to all the provisions there of.
25.02 Inheritanc e The transfe r of a dece ased joint tenant’s inter est to the surviving joint tenant or the transfer of a deceased’s interest to a devisee by Will, under a comm unity property agreement, or to his heirs at law unde r intestate law s shall not be subject to the provisions of Article 24, in which ca se its gr antee or vende e shall there upon and ther eafter be subject to all the provisions thereof .
25.03 Other I f an ow ner of a unit can e stablish to the satisfaction of the B oard tha t a proposed transfe r is not a sale or lease or re ntal, then such tra nsfer shall not be subject to the provisions of Article 24.
25.04 Declarant and Fir st Purchaser Transf er The restric tions on sale, convey ance, leasing or renta l of units contained in Article 24 shall not apply to Decla rant a nd owner s of re cord 4230 days after date of filing of this Declaration. Declarant is the seller of each of the units created hereby. Acceptance of deeds to or contracts for purchase of any interest
nd owner s of re cord 4230 days after date of filing of this Declaration. Declarant is the seller of each of the units created hereby. Acceptance of deeds to or contracts for purchase of any interest whatsoeve r respecting a unit constitutes a re cognition by the owner of purc haser of such unit that Declarant may continue to own and lease or rent some of all of the other units herein.
26 CERTIFIC ATE OF SATISFAC TION OF F IRST REFUSAL 26.01 In Gene ral Upon w ritten reque st of any owner or purc haser , or any prospec tive transferee, purchaser, tenant, or an existin g or prospective mortgagee of any unit, it shall be the duty of the secretary of the Board and the president, or of any two Board members, (if the se cretary and pre sident are unavailable ) to as ra pidly as re asonably possible issue a written and acknowledged certificate in recordable form for a reasonable fee not to exceed ten dollars ($10.00), evidencing: 26.01.01 Whether for any proposed tena ncy, lease or sale unde r Article 24 proper notice was given by the selling or leasing owner, and whether the remaining owners did or did not elect to exercise the option to purchase, lease or rent; 26.01.02 With respe ct to a dee d to a vendor , first mortg agee or deed of trust benef iciary or its nomi nee in lieu of foreclosure or forfeiture, a nd a dee d from a ve ndee, mortg agee or benef iciary or its nominee, pursuant to Ar ticle 24, whethe r or not the deeds w ere in fac t give n in lieu of fore closure a nd wer e or w ere not subject to the provisions of Article 24.
26.01.03 With respe ct to any contemplated tr ansfe r, whe ther or not it is a sale or lease or renta l subject to the provision of Article 24.
r w ere not subject to the provisions of Article 24.
26.01.03 With respe ct to any contemplated tr ansfe r, whe ther or not it is a sale or lease or renta l subject to the provision of Article 24.
26.02Conclusive Proof Such a certificate shall be conclusive evidence of the facts and recitals contained the rein a s respe cts the B oard a nd the Association.
43DATED the 15 day of September , 1976th DECL ARANT: By: Coli n W. R adfor d STATE OF UTAH } }s s.
COUNTY OF SAL T LAKE } On the 15 day of September, A.D. 1976, personally appeared before me COLIN W.th RADFORD, who being by me duly sworn did say, that he, and said COLIN W. RADFORD, is the pre sident of RADF ORD & COMPANY, and that the within and f oregoing instrument wa s signed in behalf of said corporation by authority of a resolution of its board of directors and said COL IN W. RADFORD, duly acknow ledged to me that said c orpora tion ex ecute d the same a nd that the sea l affixed is the seal of sa id corpora tion.
GIVEN unde r my hand and of ficial sea l this 15 day of September , 1076th NOTARY PUB LIC J eanne tte H Sessions Residing a t Centerville, Utah FINAL AP PROVAL OF CENTERVILLE CITY: On this 15 day of September , 1976, Centerville City , a body politic and corpor ate of theth State of Utah, a nd a municipality in which the Ceda r Spring s Condomini um is located, her eby gives final appr oval to said projec t, to the foreg oing D eclaration, to the Recor d of Survey Map recorded c oncurr ently here with, and to the attributes of sa id project whic h are set forth in Section 57-8-35 ( 3) of the U tah Condominium Owner ship Act as ame nded and e xpanded by Laws of Utah 1975, Chapter 173, Sec.18.
Attest: CENTERVI LLE CITY
of sa id project whic h are set forth in Section 57-8-35 ( 3) of the U tah Condominium Owner ship Act as ame nded and e xpanded by Laws of Utah 1975, Chapter 173, Sec.18.
Attest: CENTERVI LLE CITY Jeanne tte H Sessions By: (Unable to rea d name) Recorde r May or 44SCHEDULE “A” CEDAR SP RINGS CO NDOMINIUM DECLARATION Legal Desc ription Beginning on the north line of Lot 6, at a point N89°54'W 25 9.60 feet from the Northeast corne r of L ot 6, Block 21, B ig Cre ek Plat, Centerville Townsite Surve y and running thence SO°06'W 138.82 fe et; thence S89°59'W 91.12 fee t; thence SO°02' E 595.21 fee t; thence N89°59' E 70.01 fee t to a point of a cur ve to the lef t; the radius point of which is SO°01E 20.0 feet; thence Southwester ly along the ar c of sa id curve 31.42 fee t to a point of tang ency; thence Southwesterly along the ar c of sa id curve 81.88 fee t; thence S5°14' 25"E 133.32 fee t; thence S89°59'W 499.44 feet; thence So°02'E 340.0 feet; thence S89°59'W 58.0 feet thence No°02'W 1348.32 feet; thence S89°54'E 629.44 feet to the point of beginning. Co ntains 13.377 acres.
45SCH EDULE “B ” TO CEDAR SP RING S CONDOMINIUM Unit Desig nation A 1 A 2 A 3 A 4 A 5 A 6 A 7 A 8 A 9 A10 A11 A12 B 1 B 2 B 3 B 4 B 5 B 6 B 7 B 8 B 9 B10 B11 B12 C 1 C 2 C 3 C 4 C 5 C 6 C 7 C 8Perce ntage of Undivided Interest in the Common Areas and F acilities .00327 .00327 .00347 .00347 .00347 .00347 .00347 .00347 .00672 .00672 .00672 .00672 .00299 .00299 .00347 .00347 .00347 .00347 .00347 .00347 .00672 .00672 .00672 .00672 .00299 .00299 .00347 .00347 .00347 .00347 .00347 .00347Assigne d Limited Facilities Parking Space A 1 A 2 A 3 A 4 A 5 A 6 A 7 A 8 A 9 A10 A11 A12 B 1 B 2 B 3 B 4 B 5 B 6 B 7 B 8 B 9 B10 B11 B12 C 1 C 2 C 3 C 4 C 5 C 6 C 7 C 8Common Areas a nd
00347 .00347Assigne d Limited Facilities Parking Space A 1 A 2 A 3 A 4 A 5 A 6 A 7 A 8 A 9 A10 A11 A12 B 1 B 2 B 3 B 4 B 5 B 6 B 7 B 8 B 9 B10 B11 B12 C 1 C 2 C 3 C 4 C 5 C 6 C 7 C 8Common Areas a nd Storag e Space Building A 1 2 3 4 5 6 7 8 Building B 1 2 3 4 5 6 7 8 Building C 1 2 3 4 5 6 7 8 46C 9 C10 C11 C12 D 1 D 2 D 3 D 4 D 5 D 6 D 7 D 8 D 9 D10 E 1 E 2 E 3 E 4 E 5 E 6 E 7 E 8 E 9 E10 F 1 F 2 F 3 F 4 F 5 F 6 F 7 F 8 F 9 F10 G 1 G 2 G 3 G 4 G 5.00672 .00672 .00672 .00672 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528C 9 C10 C11 C12 D 1 D 2 D 3 D 4 D 5 D 6 D 7 D 8 D 9 D10 E 1 E 2 E 3 E 4 E 5 E 6 E 7 E 8 E 9 E10 F 1 F 2 F 3 F 4 F 5 F 6 F 7 F 8 F 9 F10 G 1 G 2 G 3 G 4 G 5 47G 6 G 7 G 8 G 9 G 10 H 1 H 2 H 3 H 4 H 5 H 6 H 7 H 8 H 9 F10 J 1 J 2 J 3 J 4 J 5 J 6 J 7 J 8 J 9 J10 K 1 K 2 K 3 K 4 L 1 L 2 L 3 L 4 L 5 L 6 M 1 M 2 M 3.00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528G 6 G 7 G 8 G 9 G 10 H 1 H 2 H 3 H 4 H 5 H 6 H 7 H 8 H 9 F10 J 1 J 2 J 3 J 4 J 5 J 6 J 7 J 8 J 9 J10 K 1 K 2 K 3 K 4 L 1 L 2 L 3 L 4 L 5 L 6 M 1 M 2 M 3 48M 4 M 5 M 6 M 7 M 8 N 1 N 2 N 3 N 4 P 1 P 2 P 3 P 4 P 5 P 6 P 7 P 8 P 9 P10 P11 P12 P13 P14 P15 P16 P17 P18 P19 P20 P21 P22 P23 P24 Q 1 Q 2 Q 3 Q 4 Q 5 Q 6 Q 7.00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00327 .00327 .00327 .00327 .00347 .00347 .00347 .00347 .00672 .00672 .00672 .00672 .00327 .00327 .00327 .00327 .00347
Q 3 Q 4 Q 5 Q 6 Q 7.00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00327 .00327 .00327 .00327 .00347 .00347 .00347 .00347 .00672 .00672 .00672 .00672 .00327 .00327 .00327 .00327 .00347 .00347 .00347 .00347 .00672 .00672 .00672 .00672 .00327 .00327 .00327 .00327 .00347 .00347 .00347M 4 M 5 M 6 M 7 M 8 N 1 N 2 N 3 N 4 P 1 P 2 P 3 P 4 P 5 P 6 P 7 P 8 P 9 P10 P11 P12 P13 P14 P15 P16 P17 P18 P19 P20 P21 P22 P23 P24 Q 1 Q 2 Q 3 Q 4 Q 5 Q 6 Q 7Building P 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Building Q 1 2 3 4 5 6 7 49Q 8 Q 9 Q10 Q11 Q12 Q13 Q14 Q15 Q16 Q17 Q18 Q19 Q20 Q21 Q22 Q23 Q24 R 1 R 2 R 3 R 4 R 5 R 6 S 1 S 2 S 3 S 4 T 1 T 2 T 3 T 4 U 1 U 2 U 3 U 4 U 5 U 6.00347 .00672 .00672 .00672 .00672 .00327 .00327 .00327 .00327 .00347 .00347 .00347 .00347 .00672 .00672 .00672 .00672 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528Q 8 Q 9 Q10 Q11 Q12 Q13 Q14 Q15 Q16 Q17 Q18 Q19 Q20 Q21 Q22 Q23 Q24 R 1 R 2 R 3 R 4 R 5 R 6 S 1 S 2 S 3 S 4 T 1 T 2 T 3 T 4 U 1 U 2 U 3 U 4 U 5 U 68 9 10 11 12 13 14 15 16 50V 1 V 2 V 3 V 4 V 5 V 6 W 1 W 2 W 3 W 4 W 5 W 6 X 1 X 2 X 3 X 4 TOTAL:.00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 .00528 100.00000%V 1 V 2 V 3 V 4 V 5 V 6 W 1 W 2 W 3 W 4 W 5 W 6 X 1 X 2 X 3 X 4 51SCHEDULE “C” BYLAWS OF CEDAR SPRINGS CONDOMI NIUM ASSOCIATION 1 OBJECT AND DEF INITIONS 1.01 Purpose The pur pose for which this Association is formed is to g overn the condominium property situate in the Cou nty of Davis, State of Utah, which property is described in Exhibit A attached to the D eclaration and by this refe rence is made a part he reof, and
ern the condominium property situate in the Cou nty of Davis, State of Utah, which property is described in Exhibit A attached to the D eclaration and by this refe rence is made a part he reof, and which prope rty has bee n submitt ed to the provisions of the Condominium Ownership Ac t of the State of Utah by a Declaration entitled “Declaration and Cov enants, Conditions, Restrictions and Reser vations” establishing a plan f or condominium ownership of the Cedar Spring s Condomini um (here inafter referred to as the “ Declaration”).
1.02 Assent All prese nt or future owner s, tenants, future tenants, or a ny other pe rson using the facilities of the project in any manner are subject to the regulations set forth in these Bylaws. The me re acquisition or rental of a ny of the c ondominium uni ts (here inafter referred to as “units”) in the project or the mere act of occupancy of any of said units shall constitute ratification of these Bylaws.
1.03 Definitions Unless otherwise specified, all terms shall have the same meaning in these Bylaws as suc h terms have in the Dec laration. The terms “ow ners” and “me mbers” a s used herein shall be synonymous.
2 MEMBER SHIP , VOTING, MEETI NGS AN D ADMINISTR ATION 2.01 Matters Gove rned by Declaration W ith reg ard to va rious matters including membership, meeting s and voting , reference is made to the Dec laration.
2.02 Administrative Provisions 2.02.01 Majority of Owners. As use in these Bylaws the term “majority of owners” shall mean those owners of more than fifty percent (50%) of the undivided ownership 52of the general comm on elements.
2.02.02 Quorum. Except as otherw ise provided in these Bylaws, the pre sence in person
n those owners of more than fifty percent (50%) of the undivided ownership 52of the general comm on elements.
2.02.02 Quorum. Except as otherw ise provided in these Bylaws, the pre sence in person or by proxy of a “ majority of owne rs” as above de fined shall constitute a quor um.
An af firmative vote of a majority of the owne rs pre sent, either in pe rson or by proxy, shall be required to transact business; provided, however, that no business shall be transacted unless a minimum of thirty percent (30%) of all of the owners, either in pe rson or by proxy , vote af firmatively , and no B oard me mber shall be remove d unless a majority of unit owners vote affirmatively there for.
2.02.03 Prox ies. Votes may be ca st in person or by proxy . Prox ies shall be in writing and the sig nature s must be witnessed or a cknowledg ed. Proxi es must be filed with the Secre tary befor e the a ppointed time of ea ch mee ting. No pr oxy shall be valid for a period long er tha n 11 months after the date ther eof.
2.02.04 Voting by Mail. The B oard ma y decide that voting of the member s shall be by mail with respect to any particular election of the Board or with respect to adoption of any proposed amendment to the Declaration or Bylaws, or with respe ct to any other mate r for which appr oval by owner s is required by the Declaration or Bylaws.
2.02.05 Adjourned Me eting . If any meeting of the owne rs cannot be org anized beca use a quorum has not attended, the owners who are present either in person or by proxy, may adjourn the meeting to a time not less than forty-eight hours from the time the orig inal meeting was c alled.
3 MANA GEM ENT OF COND OMINIUM
owners who are present either in person or by proxy, may adjourn the meeting to a time not less than forty-eight hours from the time the orig inal meeting was c alled.
3 MANA GEM ENT OF COND OMINIUM 3.01 In Gene ral The affairs of the Association shall be g overne d by a Board w hich, af ter Declarant’s manag ement author ity ends, shall be c omposed for f our (4) members 3.02 Additional Provisions Regarding Board 3.02.01 Election and Term of Office. The members of the initial Board (that is the first Board elected by the owners after Declarant’s management authority ends) shall serve for a one-y ear term of of fice.
533.02.02 Vacancie s. Vac ancie s in the Boa rd ca used by any reason other than the r emoval of a B oard me mber by a vote of the Association shall be f illed by vote of the majority of the remaining Board members, even though they may constitute less than a quorum; and each person so elected shall be a Board member unit a succe ssor is electe d at the next annual meeting of the Assoc iation.
3.02.03 Organization Meeting. The first meeting of a newly elected Board shall be held immediately following the annua l meeting and no notice sha ll be nece ssary to the newly elected Board members in order to legally constitute such meeting.
3.02.04 Regular Mee tings. Reg ular mee tings of the Board may be held a t such time and place as shall be de termined, fr om time to ti me, by a majority of the B oard members, but at lea st two such meeting s shall be held during each fiscal y ear and one such me eting shall be held immediately following the annua l meeting of owner s.
3.02.05 Special Mee tings. Spec ial meeting s of the B oard ma y be ca lled by the President
scal y ear and one such me eting shall be held immediately following the annua l meeting of owner s.
3.02.05 Special Mee tings. Spec ial meeting s of the B oard ma y be ca lled by the President on three days notice to each Board member. Spe cial meetings of the Board shall be ca lled by the President or Sec retary on the written re quest of at lea st two Boar d members.
3.02.06 Waiver of Notice . Be fore, at or a fter a ny meeting of the B oard, a ny Board member ma y, in writing, w aive notice of such mee ting a nd such wa iver shall be deeme d equivalent to the g iving of such notice. A ttendance by a Board me mber at any meeting of the B oard sha ll be a wa iver of notice by him of the time and place there of. I f all the B oard me mbers ar e pre sent at any meeting of the B oard, no notice shall be required and any business may be transacted at such meeting.
3.02.07 Quorum. At all mee tings of the Board, a ma jority there of shall constitute a quorum for the transac tion of business, and the ac ts of the majority of the B oard members pr esent a t t meeting a t which a quor um is present shall be the a cts of the Board. I f, at a ny meeting of the B oard, the re be less than a quor um present, the majority of those pre sent may adjourn the me eting from time to time.
3.02.08 Fidelity Bonds. The Board may require that all office rs and e mploy ees of the 54Association handling or responsible for Association funds shall furnish adequate fidelity bonds. The pre miums on such bonds shall be paid by the Association.
4 OFFICERS 4.01 Desig nation The off icers of the Associa tion shall be a President, Sec retary and a Treasure, a ll of whom shall be elec ted by the B oard.
onds shall be paid by the Association.
4 OFFICERS 4.01 Desig nation The off icers of the Associa tion shall be a President, Sec retary and a Treasure, a ll of whom shall be elec ted by the B oard.
4.02 Election of Of ficers The of ficers of the A ssociation shall be ele cted a nnually by the Board at the or ganization meeting of each new B oard a nd shall hold office at the plea sure of the Board. Any person may hold concurrently any two offices (and may also concurrently be a Board member), except that the same person may not concurrently hold the offices of President and Secretary.
4.03 Removal of Of ficers Upon an a ffirma tive vote of a majority of the membe rs of the Board, any office r may be re moved, with or without cause , and his succe ssor elec ted at any regular mee ting of the B oard, or at any specia l meeting of the B oard c alled for such purpose.
4.04 President T he President shall be the chief executive officer of the Association. He shall preside a t all meeting s of the Associa tion and the B oard. H e shall have all of the g eneral powers and duties which are usually vested in the office of the President of a nonprofit association including , but not lim ited to, the power to appoint committees from among the owners from time to time as he may in his discretion decide is appropriate to assist in the conduc t of the af fairs of the Association.
4.05 Secre tary The Sec retary shall keep the minutes of meeting s of the B oard a nd minutes of meeting s of the Associa tion; he shall have c harge of suc h books and pape rs as the B oard may direc t; and he shall in g eneral per form all the duties incide nt to the office of Secre tary. The Sec retary shall compile and ke ep up to date a t the principal off ice of the
as the B oard may direc t; and he shall in g eneral per form all the duties incide nt to the office of Secre tary. The Sec retary shall compile and ke ep up to date a t the principal off ice of the Association a complete list of members and their registered ma iling addresses. Suc h list shall also show opposite each me mber’s name the number or other appropriate desig nation of the unit owned by such member . Such list shall be open to inspection by members a nd other pe rsons lawfully entitled to inspect the same a t reasonable times 55during regular business hours.
4.06 Treasurer The Tr easur er sha ll have re sponsibili ty for Assoc iation funds and shall be responsible for keeping full and accurate accounts of all receipts and disbursements in books belong ing to the A ssociation. He sha ll be responsible for the deposit of all monies and other valuable e ffects in the name a nd to the cre dit of the Association in such depositories as may from time to time be designated by the Board of Directors.
5 INDEMNIF ICATION OF OF FICERS AND MAN AGERS 5.01 Indemnification The association shall indemnify every Board Member or officer, and his or her heirs, executors a nd administrators as provide d in Article 16 of the Declaration.
6 OBLI GATIONS O F OWNERS 6.01 Use of General Commo n Elements and Limited Co mmo n Elements Each owner shall use the general comm on elements and the limited comm on elements in accordance with the purpose f or which the y were intended w ithout hindering or encr oaching upon the lawful rights of the other owners.
6.02Right of Entry 6.02.01 An owner shall permit the Mana ging A gent or other person a uthorized by the Board the rig ht of ac cess to the owne r’s unit and a ppurtena nt limi ted common
r owners.
6.02Right of Entry 6.02.01 An owner shall permit the Mana ging A gent or other person a uthorized by the Board the rig ht of ac cess to the owne r’s unit and a ppurtena nt limi ted common areas from time to ti me during reasonable hours a s may be nec essar y for the maintenanc e, repair or r eplac ement of the common are as, or a t any time deemed necessary by the Mana ging A gent or B oard of the making of eme rgency repa irs or to prevent damage to any of the comm on areas.
6.02.02 An owner shall permit the Mana ging A gent or other persons a uthorized by the Board, or other owners, or their representatives, when so required, to enter his unit for the pur pose of pe rforming installations, altera tions or repa irs to the mecha nical or ele ctrica l service s, or to the unit and limited common area s of such other owner s; provided that re quests for e ntry are made in adva nce a nd that such entry is at a time conve nient to the owner . In case of an e merg ency, such rig ht of entry 56shall be immediate.
6.03 Destruc tion or Obsolesce nce E ach ow ner sha ll, upon becoming an owne r of a condominium unit, execute a power of attorney in favor of the Association, irrevocably appointing the Association his attorney in fac t to maintain, repair a nd improve the building and g eneral and limited common are as, and to de al with the owner ’s condominium unit upon t his destruction or obsolesce nce a nd reg arding insurance proce eds as is provided in the D eclaration. The pur pose of suc h execution shall be more fully to evidence such appointment, but failure to execute such power of attorney shall in no way derog ate from the appointment provided in the D eclaration.
7 BYLAWS
f suc h execution shall be more fully to evidence such appointment, but failure to execute such power of attorney shall in no way derog ate from the appointment provided in the D eclaration.
7 BYLAWS 7.01 Amendments B ylaws (a nd amendments ther eto) for the administration of the Association and the property, and for other purposes not inconsistent with the Act or with the intent of the Declaration, shall be adopted by the Association by concurrence of those voting owne rs holding sixty (60%) perc ent of the voting power at a r egular or spe cial meeting.
8 MORTGAGES 8.01 Notice to Associa tion An owner w ho mortg ages his unit shall noti fy the Association throug h the Mana ging A gent, if any , or the Preside nt of the B oard, g iving the na me and addre ss of his mortga gee. T he assoc iation shall maintain such information in a book or list entit led “Mortg agees of Units”.
8.02 Notice of Unpaid Assessment The Association shall at the re quest of a mor tgagee of a unit report any unpaid assessments due from the owne r of suc h unit.
9 EVIDENCE OF OWN ERSHIP Any person on be coming an owne r of a unit shall furnish to the Manag ing A gent or B oard a photocopy of a c ertified c opy of the re corde d instrument vesting tha t person with an inter est or owner ship, which instrument shall remain in the files of the Association. A membe r shall not be 57deeme d to be in g ood standing nor shall he be entitled to vote at any annual or at a spe cial meeting of members unless this requirement is first met.
10 CONF LICT WIT H DECLARATION OR LAW These B ylaws ar e intended to c omply with and supplement the re quirements of the Utah Condomini um Act and the D eclaration. I f any of these B ylaws conf lict with the provisions of
ION OR LAW These B ylaws ar e intended to c omply with and supplement the re quirements of the Utah Condomini um Act and the D eclaration. I f any of these B ylaws conf lict with the provisions of said statute of Declaration, the provisions of the Statute and Declaration will apply.
11 NONPROFIT A SSOC IATION This association is not org anized for pr ofit. No member, me mber of the Board or pe rson from w hom the Association ma y receive any property or funds shall receive or shall be lawfully entitled to rec eive a ny pecunia ry profit from the ope rations there of, and in no e vent shall any part of the funds or assets of the A ssociation be paid a s salary or compe nsation to, or distributed to, or inure to the be nefit of a ny members of the B oard. The foregoing, how ever, shall neither pr event nor restrict the following: (1) Rea sonable c ompensation may be paid to any member or manag er while acting as an a gent or employ ee of the Association for service s rende red in e ffecting one or more of the Assoc iation, and (2) Any member or Board member may , from time to time, be re imbursed for his a ctual and reasonable e xpenses incur red in c onnection with administration of the a ffairs of the Assoc iation.
12 FISCAL YEAR The fisc al year of the Assoc iation shall beg in on J anuar y 1, and end on D ecember 31.
Adopted as B ylaws by the Dec laration on this 15 day of September , 1976.th DECL ARANT: By: Coli n W. R adfor d 58THE A RTICLES OF INCORPORATION OF CEDA R SPRI NGS COND OMINIUM THE UND ERSI GNED, a cting as Incorpor ations of a Corpor ation under the Utah NonProfit Corporation and Co-ope rative A ssociation Act, do her eby adopt the following Articles of Incorpor ation of such Corpor ation: I NAME
as Incorpor ations of a Corpor ation under the Utah NonProfit Corporation and Co-ope rative A ssociation Act, do her eby adopt the following Articles of Incorpor ation of such Corpor ation: I NAME The na me of this Corporation shall be CEDAR SPRI NGS CONDOMI NIUM ASSOCIATION, here inafter refe rred to as the "As sociation".
II DURATION The period of its duration is perpetual.
III PURPOSE 1 The purpose for whic h the Association is org anized is to provide an entity for the opera tion, on a nonprofit basis, of the Ceda r Spring s Condomini um Project, (consisting of buildings and improvements contained in Lots 6 and 7, Block 21, Big Creek Plat, Centerville Townsite) de veloped by Radford a nd Company , located n the City of Center ville, County of Davis, State of Uta h.
2 To this end the Association shall have full power and authority to do all things necessary or desira ble re lating to the ma nagement and a dminist ration of sa id Condomi nium and the enf orcement of the De clarations (or Ame nded De clarations) of Covena nts, Condit ions, and Restrictions applicable the reto re corde d or will be re corde d in the Offic e of the County Recorde r of Davis Cou nty, Utah, with respect to the rights and duties of the owners of Con dominium units or any interests therein. The Association shall also have the power to own and operate recreational fac ilities and othe r asse ts for the be nefit of the c ondominium and the Owner s. The Association shall have such other r ights, powe rs, and duties a s the owner s and member s may from time to time specify.
59IV NO PECUNIARY GAIN 1 The Assoc iation shall make no distribution of income to its members, direc tors or
r r ights, powe rs, and duties a s the owner s and member s may from time to time specify.
59IV NO PECUNIARY GAIN 1 The Assoc iation shall make no distribution of income to its members, direc tors or office rs, or nonprof it co-oper ative assoc iation, and it shall not afford a pecunia ry gain, incidentally or otherwise, to its members.
2 All of the direc tors and off icers of the Associa tion shall act as such w ithout compensa tion.
V NO CAP ITAL S TOCK This Association shall issue no share s of stock evide ncing membership ther ein or interests in property rights, but the board of directors may, if it so desires, issue a membership certificate or card to the owner(s) of a condominium unit.
VI MEMBER SHIP 1 Membership in the Assoc iation, except for member ship of the I ncorpor ators and the first Boa rd of Dir ector s, shall be limited to record ow ners of condominium units in said Cedar Springs Condominium Pr oject, (consisting of buildings and improvements contained in Lots 6 and 7, Block 21, Big Creek Plat, Centerville Townsite) developed by Radford and Company, according to the recorded plat thereof in the Office of the County Recorder of Davis County, Utah, subjec t to the Decla rations (or A mended De clarations) of Covena nts, Condit ions, and Restrictions of rec ord applica ble to said condominium project. Membe rship in the Association shall be automatica lly confe rred upon the re cord ow ner or owner s of any unit subject to the Declarations or Amended De clarations. A person w ho, for a ny reason, cea ses tp be a r ecord owner of a unit shall automatica lly cease to be a member.
2 The membership in the Association cannot be assigned, hypothecated, or transferred in any manner except as an appurtenance to a member's unit.
VII VOTING RIGHTS
utomatica lly cease to be a member.
2 The membership in the Association cannot be assigned, hypothecated, or transferred in any manner except as an appurtenance to a member's unit.
VII VOTING RIGHTS The total voting power of all owne rs shall be 100 votes a nd the total number of vote s available to owners of any one unit shall be equa l to the perc entag e of undivided inter est in the 60comm on areas and facilities appertaining to such unit.
VIII DIRECTORS 1 The a ffairs of the Assoc iation shall be manag ed by a boar d of not less than three nor more than nine in number, who shall serve without compensation, and shall be elected annually at a mee ting of the member s of the Associa tion on such date a s may be fixed by the B y-Laws.
Each direc tor shall be qualifie d to hold office only so long a s he is an owne r of a condominium unit in Cedar Springs Condominium Pr oject. A majority of the Board of Directors shall constitute a quorum at any meeting.
2 The dire ctors her ein named sha ll serve until the first ele ction of direc tors, and any vacancies in their number occur ring befor e the f irst election shall be f illed by the re maining directors.
3 The names and addresses of the first Board of Directors who shall hold office until their successors are elected and have qualified, or until removed, are as follows: NAME ADDRESS CITY AND STATE Kevin Edwa rd Orton P.O. Box 234 Centerville, Utah Harold Kent Price P.O. Box 291 Centerville, Utah Danny Way ne Livingston P.O. Box 454 Centerville, Utah Sam L ee P.O. Box 112004 Salt L ake City , Utah Jan Coe P.O. Box 443 Centerville, Utah IX OFFICERS The a ffairs of the Assoc iation shall be administered by office rs elec ted by the B oard of
Utah Sam L ee P.O. Box 112004 Salt L ake City , Utah Jan Coe P.O. Box 443 Centerville, Utah IX OFFICERS The a ffairs of the Assoc iation shall be administered by office rs elec ted by the B oard of Direc tors at its first meeting following the annua l meeting of the membe rs of the A ssociation, which off icers shall serve a t the pleasure of the B oard of Direc tors. The na mes and a ddresse s of the offic ers who sha ll serve until their succ essors ar e desig nated by the B oard of Direc tors are as follows: President: Kevin Edwa rd Orton P.O. B ox 234 Centerville, Utah Secre tary: Jan Coe P.O. Box 443 Centerville, Utah 61Treasurer : Harold Kent Price P.O. Box 291 Centerville, Utah X REGISTERED AGENT The initial reg istered a gent of the c orpora tion is: Kevin Edwa rd Orton, 2106 South 900 East, B ountiful, Utah 84010 XI INDEMNIFICATION Every direc tor and e very office r of the A ssociation shall be indemnified by the Association ag ainst all expenses and liabilities, including attorne y’s fees, re asonably incurre d by or imposed upon him in connection with any proce eding in which he may be a pa rty, or in which he may become involved, by reason of his being or having been a direc tor or off icer of the Association, or a ny settlement there of, whe ther or not he is a direc tor or off icer at the time of such expenses are incurred, except in such cases wherein the director or officer is adjudged guilty of willful misfeasa nce or malfea sance in the perf ormanc e of his duties; provided that in the e vent of a se ttlement the indemnification her ein shall apply only when the B oard of Direc tors approve s such settlement and r eimbursement a s being for the be st interests of the Assoc iation. The
of a se ttlement the indemnification her ein shall apply only when the B oard of Direc tors approve s such settlement and r eimbursement a s being for the be st interests of the Assoc iation. The foregoing right of indemnification shall be in addition to and not exclusive of all other rights to which such dire ctor or of ficer may be entitled.
XII BY-LAWS The fir st By -Laws of the Association shall be a dopted by the B oard of Direc tors and may be altered, amended, or rescinded in the manner provided by the By-Laws.
XIII AMENDMENTS These A rticles of I ncorpor ation may be ame nded by the af firmative vote of two-thirds (2/3) of the total 100 votes by members pr esent or r epresented by proxy at any regular or spe cial meeting, provided that a quorum as prescribed in the By-Law s is present at any such meeting.
62XIV INCORP ORATORS The na mes and a ddresse s of the I ncorpor ators of this Association ar e: NAME ADDRESS CITY AND STATE Kevin Edwa rd Orton P.O. Box 234 Centerville, Utah Jan Coe P.O. Box 443 Centerville, Utah Harold Kent Price P.O. Box 291 Centerville, Utah XV PRINCIP AL OFF ICE The stre et addr ess of the initial principal of fice of the Assoc iation is 88 W est 50 South, Centerville, Utah.
IN WI TNESS W HEREOF , the Under signe d have duly signe d these Ar ticles of Incorpor ation on the 23 day of Aug ust, 1984 INCORPOR ATORS: Kevin Edwa rd Orton Jan Coe Harold Kent Price STATE OF UTAH } } ss.
COUNTY OF DAVIS } I, the Under signe d, a Notar y Public for the State of U tah, her eby certify that on the 23rd day of August, 1984, personally appeared before me, Kevin Edward Orton, Jan Coe and Harold Kent Price who, being by me first duly sworn, seve rally decla red tha t they are the per sons who
e 23rd day of August, 1984, personally appeared before me, Kevin Edward Orton, Jan Coe and Harold Kent Price who, being by me first duly sworn, seve rally decla red tha t they are the per sons who signe d the fore going doc ument as I ncorpor ators, and tha t the statements there in contained a re true.
Paul R. Michaelson Notary Public My Com mission Expires: Residing at: 3-12-86 Centerville, Utah