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g Ltioly& Tollefsen,P.C. ? 2575667Attn:JeremyJ.leFeber Pase:1 of so ear29/2etyme.se.soan Fee.sase.coIWestMainSt. CharlotteMills- Gallatincounty,NT MScsozeman,assesIlilllfilll|111111111||1111111111111111111111111111111111111111111111|111111111111111(
DECLARATION
FOR THE
WINTER PARK WEST CONDOMINIUM
Page 1of38
CERTIFICATE OF NAME
The undersignedbeingtheduly authorizedagentoftheDepartment of Revenue ofthe
Stateof Montana withinthe County ofGallatin,herewithexecutesthefollowingcertificate
relatingtotheWinterParkWest Condominium situatedas follows:
See Exhibit A attached hereto and incorporated herein by thisreference.
1. That thename the WinterParkWest Condominium isnotthe same as,similarto
or pronounced thesame asa word inthename ofany otherpropertyor subdivisionwithin
GallatinCounty, and
2. Alltaxesand assessmentsdue and payableforthe saidWinterParkWest
Condominium have been paidtodate.
Dated:
Title: 6
Page2 of38
MANs
Community Development
CONDOMINIUM REVIEW DECISION
APPLICATION
Date:March 17, 2017
FileNumber: OriginalProjectFile
17-063 Number'16-147
Ifapplicable:
CondominiumName:
Winter Park West Condominiums
LegalDescription:Lots1 and 5 oftheAmended PlatofLot1 and Lot2 ofBlock4,West Winds Subdivisionphase4
and Lot1ofBlock3 and Lot1 ofBlock4 ofWest Winds Subdivisionphase5.
Senate Bill527 amending 76-3-203,M.C.A. was signed intolaw on April17,2007. This billrevisedthe exemption forthe creationofnew condominiums from the Subdivisionand PlattingAct. Theamendment had an immediate effectivedate. The textofthe amended sectionisnow as follows:
Section 1. Section76-3-203,M.C.A.,isamended toread:"76-3-203. Exemption forcertaincondominiums. Condominiums constructedon landsubdividedincompliance withparts5 and 6 ofthischapteror on lotswithinincorporatedcitiesand towns are
exempt from the provisionsofthischapterif:
(1)the approvalofthe originalsubdivisionoflandexpresslycontemplatedthe constructionofthe condominiums and any applicablepark dedicationrequirementsin76-3-621 are
compliedwith;or
(2)the condominium proposalisinconformance withapplicablelocalzoning regulationswhenlocalzoning regulationsare ineffect."
FINDINGS
Pursuant totheabove statute,ine 1.JepartmentoiGonumunity I.)evelopmentnas aeterminedthatthecondominium development noted above:
Does notrequiresubdivisionreviewand has satisfiedthe exemption criteria.
Has completed reviewas a subdivision.
MartinMatsen,AICP, Director,Cityof Bozeman Department ofCommunity Development
AlfredM StiffProfessionalBuilding phone406-582-2260
20EastOliveStreet59715(FEDEX andUPS Only) fax406-582-2263
PO Box1230 planning@bozeman.net
Bozeman,MT 59771 www.bozeman.net
CONDOMINIUM REVIEWDECISION Page10f1 RevisionDate05-10-16
DECLARATION
FOR THE
WINTER PARK WEST CONDOMINIUM
This DECLARATION ishereby made and entered intoon March & ,2017,by Is-
lands,LLC, (hereinafterreferredtoas the"Declarant"),whereby lands and propertyhere-
inafterdescribedaresubmitted and subjectto the Montana Unit Ownership Act
pursuant toChapter 23, Title70,MCA 2015, as amended.
The propertysubjecttothisDeclarationshallbe known as the WinterPark West
Condominium (hereinafterreferredtoas the "Condominium" or "Property" or"Project").
NOW, THEREFORE, Declarant hereby declares thatthe Project and the propertyshallbe held,conveyed , mortgaged, encumbered, leased,rented,used, occupied,sold,and
improved subjectto the declarations,limitations,covenants, conditions,restrictions,and
easements contained in thisDeclaration,allof which are imposed as equitableservitudes
pursuantto a generalplan for the development of the Projectfor the purpose of enhancingand protectingthe value and attractivenessof the Project,and every partof it,in accordance
with the plan forthe improvements of the Projectand itsdivisionintocondominiums. All
of the limitations,covenants,conditions,restrictionsand easements shallconstitutecovenants
thatrun with the land and are binding upon, and inure to the benefitof, Declarant,the
Association,and allpartieshaving or acquiringany right,title,or interestin or to any partof the Projector the Property in the Projectand shallbe for the purpose of maintaininga
uniform and stablevalue,character,use and development ofthe Property.
ARTICLE I
TITLE AND NATURE
The Project shallbe known as Winter Park West Condominium. The Project is
establishedin accordance with the Montana Unit Ownership Act. The Project contains
individualUnits for residentialuse, as setforthherein and in the Bylaws, and each Unit is
capable of individualutilizationon account of having itsown entrance from and exitto a
Common Element of the Project. Each Unit Owner in the Projectshallhave an exclusive
righttothe Owner's Unit and shallhave undivided and inseparablerightsto sharewith other
Unit Owners the Common Elements of the Project.
Page4 of38
ARTICLE II
DEFINITIONS
Unless the contextexpressly provides otherwise, the following definitionsshall
pertainthroughout thisDeclaration and inthe interpretationthereof:
1) Aggregate Voting: shallmean the entirenumber of votesor persons presentor availableto vote in personor by proxy ina particularcircumstance.
2) Architect/Engineer: shall mean a person presently licensed to practicearchitectureor engineering in the stateof Montana.
3) Articlesshallmean the Articlesof Incorporation of the Association.
4) Association or Association of Unit Owners: shall mean the Winter Park
Condominium Owners Association, a nonprofitcorporation organized under the laws of
the Stateof Montana.
5) Beneficiary: shall mean a mortgagee under a mortgage, as well as a
Beneficiary under a trustindenture or deed of trust.
6) Board or Board of Directors: shallmean the Board of Directors of the
Association as more particularlydefinedin the Bylaws.
7) Building: means the building containing the condominium Unit.
8) Bylaws: means the Bylaws promulgated by the Declarant or the Association
under thisDeclaration and the Unit Ownership Act.
9) Common Elements: means both General Common Elements and Limited
Common Elements.
a) General Common Elements: includesallthose elements thatare for
the use of allOwners, Owners' Tenants, Occupants and Guests of the Winter Park
West Condominium and, with respectto the public park areas,the general public.
Specificallyincluded are: all parts of the Property not located within the
boundaries of a Unit and itsappurtenant Private Yard, including but not limited
to the land and the electrical,gas, television,telephone, water and sewer linesand
connections serving all of the Units, sidewalks,exteriorlighting,Fencing, picnic
areas,accesseasements,beneficialeasements,storm water facilities,dedicatedparklandeasements and open space,privateinteriorroadways, landscapingelements outsidethe
PrivateYards and otherelements necessaryforthesafety,maintenance and existenceof
the Projectinwhich each Unit Owner shallhave the designatedpercentageof interest,
Page5 of38
setforthinArticleV below.
b) Limited Common Elements: as used inthisDeclarationshallmean those
Common Elements that are reserved for the use of the Owners, Owners' Tenants,
Occupants and Guests of theUnitswhich theyareappurtenantor,inthecaseof reserved
parking,proximate to. Specifically,as to any given Unit Owner or Owners, Limited
Common Elements shallmean the following common elements which are located
within,affixed,adjacentor in reasonableproximityto the Unit: public utilitylines,
water,sewer,electrical,gas,cabletelevisionlinesand hot and coldwater pipes(allsuch
utilitypipesand linesare Limited Common Elements where they serviceone Unit,and
General Common Elements where they serve multiple Units);sidewalks providingaccesstoPrivateYards; driveways servingattachedgarages;detachedenclosedcarports:
driveways servingdetached,enclosedcarports;driveways servingreserved,open, off-
streetparking spaces;PrivateYards; and the Landscape Elements containedin Private
Yards.
10) Common Expenses: means expenses of administration,maintenance,repairor
replacementof Common Elements,includingallLandscape Elements and allotherexpensesof
theAssociationand expensesdeclaredcommon by theUnitOwnership Act.
11) Declaration:means thisdocument and allpartsattachedtheretoor incorporated
by reference.
12) Developer: means Islands,LLC and itssuccessorsand assigns,and shallbe used
interchangeablywith "Declarant." Both .successorsand assignsshallalways be deemed to be
includedwithintheterm "Developer" whenever, however and wherever such terms are used in
theGoverning Documents.
13) Fencing:means the stained,wooden, post-and-railfencingwith non-climb wire
running along propertyboundaries,publicpark areasand PrivateYard boundaries.All fences
adjacenttopublicrightofway shallnotexceed fourfeetand shallbe of a consistentdesign.
14) Governing Documents shallmean thisDeclaration,theBylaws, Articlesand
Rules oftheAssociation.
15) Home Occupation: shall mean an occupational use, customarily conducted
entirelywithin a dwelling or accessorybuildingsby the inhabitantsthereof,which isclearlyincidentaland secondary tothe use of thatdwellingas a livingquartersand in connectionwith
which there are: no on-premises salesof products;no signs or structuresadvertisingthe
occupation;no excessive or unsightlystorageof materialsor supplies. For guidance,the
followingusesareexamples of home occupations:the making of clothing;thegivingof music
lessons;a solepractitionerprofessionalpractice,serviceor product providerswho maintaina
telephoneand officewithinthe Unit butthe servicesand productsareprovidedand soldoffthe
Property;the pursuitof artisticendeavors such as making of stuffedanimals,wood products,
Page6 of38
antlerart,pottery,ceramics,paintingsbronzes,and othercraftwork, and thelike,providedthat
theproductsare marketed and soldofftheProperty.(i.e.no industrialkilnsand no foundries).
16) Islands, LLC: means Islands,LLC, a Montana limitedliabilitycompany,which has reserved certainrightsaffectingthe hereinafterdescribed Property,said rights
being described and/or referredto herein. The term "Islands,LLC" shall include its
successor and assignswhenever, however and wherever saidterm isused.
17) Landscape Elements: means allfences,patios,decks,pergolas,steppingstones,
picnicareas,benches,trellises,trees,shrubs,lawn areas,bedding plants,rocks,mulch, edging,vines and irrigationsystems found in both General Common Elements and Limited Common
Elements.
18) Limited Expenses: means the expenses attributableto the maintenance,repairand replacement of Limited Common Elements, excluding Landscape Elements contained
withinPrivateYards,which area Common Expense.
19) Manager: means the Board of Directorsor any management company or anyotherperson or group of personsretainedor appointedby the Board, or by the Associationof
UnitOwners forthepurpose of conductingtheday-to-dayoperationsoftheAssociation.
20) May: ispermissive.
21) Occupant/Tenant:shallmean a lesseeor tenantof an Owner, or any otherpersonor entityotherthanan Owner inlawfulpossessionof a Unit,with thepermissionoftheOwner.
22) PrivateYard: shallmean both the outdoor space adjacentto each Unit thatis
directlyaccessiblethrough a sideor reardoor and whose boundariesaredefinedby one or more
fencesand theexteriorwall of theadjacentunit,and theoutdoorspace between theUnitand the
publicsidewalkin frontof the Unit.Each PrivateYard and theLandscape Elements withinthe
PrivateYard are Limited Common Elements whose maintenance cost isa Common Expenseand whose use isreservedforthe Owner, Owner's Tenants,Occupants and Guests of the Unit
which has directaccessto it.
23) Propertyor Project: means the land,buildings,improvements and structures
thereon and alleasements, rightsand appurtenancesbelonging thereto,which are herewith
submittedtotheUnitOwnership Act and subjecttothisDeclaration.
24) Unit: shallbe theseparateUnitsoftheCondominium containedintheindividual
structures,intendedforindependentresidentialuse,and with a directexitleadingtoa streetor
highway or tocommon elementsleadingtoa streetorhighway whether directlyor indirectlyby
way of an easement connectingtoa streetorhighway.
25) Sign: shallmean any structure,device or contrivance,electricor non-electric,
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upon which any poster,bell,bulletin,printing,lettering,painting,deviceor otheradvertisingof
any kind whatsoever isused, placed,posted,tacked,nailed,posted or otherwisefastenedor
affixed.
26) Streetor Streets:shallmean any public or privatestreet,highway, road or
thoroughfarewithin or adjacentto the Propertyand shown on any recorded plat,record or
survey,whether designatedthereonas a street,avenue or road.
27) Unit Designation:isthe combinationof letters,numbers and words thatidentifythedesignatedUnits.
28) Unit Owner, Owner, and Person: means the person owning a Unit infee simpleabsoluteindividuallyor as co-Owner in any realestatetenancy relationshiprecognizedunder
thelaws of theStateof Montana, inone or more UnitsoftheCondominium.
29) Unit Ownership Act: means and referstothe Unit Ownership Act oftheStateof
Montana, Chapter 23, Section70-23-101,MCA (2015)etseq.as amended.
Whenever any referenceherein ismade to one gender,the same shallincludea
referenceto any and allgenders where the same would be appropriate;similarly,whenever a
referenceismade hereinto the singular,a referenceshallalsobe includedto the pluralwhere
thesame would be appropriateand viceversa.
ARTICLE III
REAL ESTATE
1) Description:The Propertywhich isby thisDeclarationsubmittedand subjectto
theMontana Unit Ownership Act isdescribedas follows:
See ExhibitA attachedheretoand incorporatedhereby thisreference
The provisionsof thisDeclarationand the Bylaws shallbe construedto be covenants
runningwith theland and shallincludeevery Unit and shallbe binding upon theUnit Owners,theirheirs,personalrepresentativesand assignsforas long as thisDeclarationand Bylaws are
ineffect.
2) Condominium Units.Each Unit,togetherwith theappurtenantundividedinterest
in theCommon Elements of theCondominium shalltogethercomprise one condominium Unit,shallbe inseparable,and may be sold,conveyed, leased,rented,devised or encumbered as a
condominium inaccordancewith thisDeclaration.
Page8 of38
3) Encroachments. Ifany portionof a Common Element encroachesupon a Unit or
Units,a valideasement fortheencroachment and forthemaintenance of the same, so longas it
stands,shalland does exist.Ifany portionof a Unit encroachesupon a Common Element,or
upon an adjoiningUnit or Units,a valideasement fortheencroachment and forthemaintenance
of thesame, so long as itstands,shalland does exist.Such encroachments and easements shall
not be consideredor determinedto be encumbrances eitheron the Common Elements or on the
Unitsforthepurpose of marketabilityof title.IntheeventtheBuildingor any portionthereofis
destroyedand then rebuilt,the Owners of the Unit or Unitsagreethatminor encroachments of
partsof the Common Elements because of such constructionshallbe permittedand thatan
easement forsuch encroachment and themaintenanceand repairof thesame shallexist.
4) Buildings.The Units comprising theCondominium are containedintwenty-one
(21)detachedbuildings.The Propertyon which the Units are locatedisa Common Element of
theProject.
5) Unit Boundaries.Each Unit'sboundariesare as follows: Each of the Units as
separatelyshown, numbered, and designatedin Exhibit"C" consistsof the space contained
withinthe exterioredges of the exteriorsiding,fascia,soffits,gable and roofvents,foundation
walls,crawl spaces,roofingshingles,chimneys, porches,windows, window frames,exterior
doors,exteriordoor frames,and exteriordoor trimof each Unit,providedhowever, with regardto thoseUnits locatedin a duplex building,the Unit shallbe as definedabove,exceptthatwith
regardto the common wall between the Units,such Unit shallonly extend to a verticalplanecreatedat the midpoint of saidcommon wall,the space being definedand referredto in this
Declarationas a "Unit".Each Unit includestheutilityinstallationslocatedwithinitsboundaries
of which the Owner has exclusiveuse,including,without limitation:hot water heaters,space
heaters,lightingfixtures,cabinetryand air-conditioningequipment (ifany).Each Unit includes
both theportionsof theBuildingso describedand theairspaceso encompassed. The Unit does
not includethoseareasand those thingsthatare definedas Common Elements inArticleI of
thisDeclaration.
The intentofthisdefinitionisto excludethesiding,paint,sheathing,roofingand underlaymentas partof the maintenance responsibilityof the Association,and make the same the exclusive
responsibilityoftheUnit Owner.
6) ConstructionMaterials.The principalmaterialsof constructionof the Unit are
concretefor foundations,footingsand slabs;wood framing for the structure;sheetrock and
wood trim forthe interior;wood, carpetor tileforthe floors;cement board or wood product
sidingfortheexteriorwallsurfacesand asphaltshinglesfortheroofofthe Unit.
7) Fixturesand Equipment. All fixturesand equipment containedineach Unitshall
be conveyed with the Unit and shallbe the propertyof the Unit owner. The Owner shallbe
responsibleforthe maintenance and upkeep of the fixturesand equipment of each Unit,allas
defined intheBylaws of theAssociation.
Page9 of38
ARTICLE IV
EASEMENTS
1) Common Element Easements. A non-exclusive rightof ingressand egressand support through the Common Elements which areappurtenant to each Unit and allthe
General Common Elements are subjectto such rights. Except as otherwise limitedin this
Declaration,each Unit Owner shallhave the rightto use the Common Elements for all
purposes incidentto the use of and occupancy of the Unit, and such other incidentaluses
permitted by thisDeclaration,which rightsshallbe appurtenantto and run with the whole
Unit.
2) Easement for Utilities.Each Unit may have itsair space penetrated byelectricalwires and lines,gas lines,hot and cold water lines,waste water linesand ventsand
other utilityand mechanical lines,pipes or equipment. These lines,where they serve onlyone Unit shallbe appurtenantto such Unit,but where they servemore than one Unit shallbe
partof the Common Elements, eitherlimitedor general,depending upon how many Units
are being served thereby as defined in ArticleII,paragraph 9. Such items shallbe so
installedand maintainedso thatthey shallnot unreasonablyinterferewith the use of the Unit
airspace by the Owners of the same. A non-exclusiveeasement shallexistthrough,over and
acrosseach Unit for structuralsupport of the utilitylinesand mechanical equipment and for
the use,inspection,installation,maintenance, replacement and repairof such utilitylinesand
mechanical equipment for the use of all of the Unit Owners or the Unit Owners beingservicedby the airspace being penetratedby such linesand/or equipment. After completionof constructionof a Unit an easement for ingress and egress for the purpose of such
inspection,installation,maintenance, replacementor repairof such easement rightsshallonlybe exercisedunder the directionand approval and with the authorityof the Developer, the
Associationand /orthe Manager unlessan emergency existsin which event any actionmay
reasonably be taken which isjustifiedunder the circumstances to minimize damage which
would otherwise occur as a consequence of such emergency. There shallbe easements to,
through and over the Units and the Common Elements for the continuingmaintenance and
repairof all utilitiesin the Condominium. The foregoing easements are allpermanentlyreservedtotheDeclarant,theAssociationand the Owners.
3) Easements for Public Utilities.The Developer reservesthe rightat any time
during the development and salesperiod to grant easements for utilitiesover, under and
across the Projectto appropriategovernmental agencies or public utilitycompanies and to
transfertitleof utilitiesto governmentalagenciesor to utilitycompanies. Any such easement
or transferof titlemay be conveyed by the Developer without theconsent of any Unit Owner,
mortgagee or other person and shall be evidenced by an appropriateamendment to this
Declarationand recorded inthe GallatinCounty Clerk and Recorder Records. All ofthe Unit
Owners and mortgagees of Units and otherpersons interestedor to become interestedinthe
Projectfrom time to time shallbe deemed to have irrevocablyand unanimously consented to
such amendment or amendments of thisDeclaration as may be requiredto effectuatethe
Page 10of38
foregoinggrantof easement or transferof titleand appointthe Declarantas theirattorney-in-factforexecutionof alldocuments relatedto such easement.
4) Grant of Easements by Association.The Association, acting through its
lawfully constitutedBoard of Directors shall be empowered to grant such easements,
licenses,rights-of-entry and rights-of-way over, under and across the Property for utility
purposes,access purposes or other lawful purposes as may be necessary forthe benefitof
the Association.
5) Easements for Maintenance, Repair,and Replacement. The Developer,the
Association and allpublic or private utilitiesshallhave such perpetual easements over,
under,across and through the Property,includingallUnits and Common Elements, as maybe necessaryto fulfillany responsibilitiesof maintenance,repair,or replacementswhich theyor any of them are requiredor permittedto perform under the Governing Documents of the
Condominium or by law. These easements include,without any implicationof limitation,the
rightof the Association to obtain access at alltimes to meters, controls,valves,pipes,
conduits, fences,Landscape Elements and other Common Elements locatedwithin or to
gained through any Unit or itsappurtenantLimited Common Elements.
6) Additional Easements for Developer's Other Projects.Developer herebyreservesthe followingeasements in connectionwith any improvements constructedor to be
constructed by Developer on any tractsof land contiguous to the Project,whether or not
such improvements are made a part of the Project(such improvements being hereinafter
collectivelyreferredto as the "Other Projects").
a) A perpetualnon-exclusiveeasement forutilization,tapping,tying into,
extendingand enlarging allutilitymains located in the Project,including,but not
limitedto,water,gas,storm and sanitarysewer mains. Developer willpay allcostsof
such utilization,tapping,tying into,extending and enlarging,and will restoreall
areas thereby disturbed to their original condition immediately prior to
commencement thereof. All expenses of maintenance, repair,replacement and
resurfacingof such utilitymains shallbe shared by the Associationand theOwners of
Units in the Other Projects utilizingsuch utilitymains on a proportionatebasis
determinedon the basisof the respectivenumber of Units inthe Condominium and the
number of Units of the Other Projectsutilizingsuch utilitymains.
b) A perpetual non-exclusive easement located at Islands' LLC's
discretion,in,over and upon the General Common Elements of the Projectfor such
demolition,construction,and alterationof the General Common Elements of the
Condominium as may be deemed necessary or appropriate by Developer for
connection of the Other Projectsto the Project.Developer willpay allcost of such
demolition,constructionand alteration,and will restoreallareas disturbedby such
demolition,constructionand alteration.
Page 11of38
c) A perpetual non-exclusive easement, located as determined by
Developer in,over and upon the General Common Elements of the Projectfor the
purposes of ingress and egress to and from the Other Projects,subject to such
reasonable rules and regulationsgoverning such access as may be enacted by the
Association,which rulesand regulationsshallbe equitableand nondiscriminatory.
The above easements shallbe forthe benefitof Developer and Owners of the Other
Projects,and their respective heirs,successors,assigns,families,guests and invitees.
Developer hereby agrees thatitwillnot cause or allow the Projectto be encumbered by anylien in connectionwith any constructionengaged in by Developer regarding the matters
referencedin (a) through (c) above, and agrees to indemnify and hold the Association
harmless againstallcosts and expenses incurredin connection with defending the Project
againstany such liens.
7) Specific Written Easements. Developer may, by subsequent instrument,
prepared and recorded in its sole discretionwithout the necessity of consent by anyinterestedparty,specificallydefineor amend by legaldescriptionthe easements createdbythisArticleIV, paragraphs5 and 6.
8) Right of Access. The Association shall have the irrevocableright,to be
exercisedby the Board or the Manager, to have accesstotheCommon Elements from time to
time during reasonablehours as may be necessaryforthe maintenance,repairor replacementof any of the Common Elements thereinor accessibletherefrom or for making emergency
repairsthereinnecessary for the maintenance, repairor replacement of any of the Common
Elements necessaryto preventdamage tothe Common Elements or to any Unit.
Damage to the exterioror any partof any Unit,includingboth the Limited Common
Elements appurtenant thereto,and thatUnit'sseparatereserved carportparking space and
open parking space,as applicable,which may resultfrom maintenance, repair,emergency
repairor replacement of any of the Common Elements or as a resultof an emergency repairwithin another Unit,made at the behest of the Association,shallbe designated Common
Expenses by theAssociationand assessedin accordance with such designation.
ARTICLE V
OWNERSHIP AND ANNEXATION
1) Percentage of Interest.Each Unit Owner shallbe entitledto the exclusive
ownership, use and possessionsof his Unit and the percentageof undivided interestof each
Unit Owner inthe Common Elements as setforthbelow. Given thatUnit models of different
sizes may be constructed,it will be necessary to recalculateand record each Units
percentageof undivided interestinthe Common Elements as new Units arecompleted. Such
Page 12of38
percentagerepresentsthe Unit Owner's ownership interestinthe Common Elements and the
Owner's liabilityfor Common Expenses. Such percentage of interestowned by each of the
Units intheCondominium issetforthbelow:
See Exhibit"D", attachedand incorporatedherein.
2) Floor Plans and Exhibits.The Condominium consists of the Property as
described above, and a totalof twenty-seven (27) separateResidentialUnits (containedin
twenty-one(21)separateBuildings).For identificationand descriptivepurposes the followingExhibits are attached and by reference hereto incorporatedinto and made a part of this
Declaration:
ExhibitA: legaldescriptionof the realestateinitiallyincludedintheCondominium.
Exhibit B: the floor plans showing the layout of each of the Units comprising the
Condominium, the area of each,the dimensions and the designationof each Unit, and
showing the Common Elements containedwithin or attachedtoeach Unit.
ExhibitC: the siteplan of the Condominium showing the Property,the locationof the
Units on the Propertyand theCommon Areas to which each Unit has access.
ExhibitD: PercentageInterests.
ExhibitE: Cityof Bozeman Storm Water RetentionFacilitiesMaintenance Plan
3) Exclusive Ownership. Each Owner or Owners shallbe entitledto exclusive
Ownership and possession of theirUnit. Such Owners may use the Common Elements in
accordance with the purposes forwhich they are intendedand as they may otherwise agreebetween themselves,so long as they do not hinderor encroach upon the lawfulrightsof other
Unit Owners.
4) Developer Build Out. Developer shallnot be requiredto constructallproposedUnits within any settime frame. Developer reservestherightto buildthe Units inaccordance
with the floorplans and siteplan attached hereto and as the same may be amended in
accordancewith thisDeclaration.When a Unit iscompleted,the Developer shallfilewith the
Clerk and Recorder of GallatinCounty a supplement to thisDeclarationto which shallbe
attacheda verifiedcertificateor statement of a registeredarchitect,registeredprofessional
engineer,or registeredland surveyor certifyingthatthe floorplan previouslyfiledor beingfiledsimultaneouslywith the amendment fullyand accuratelydepictsthe layoutof the Unit.
Ifthereisany change inthe floorplansor siteplan or the Unit Owner's percentageinterestin
theCommon Elements, then the amendment shallincludesuch changes.
Untila Unit iscompleted and theamendment isfiled,theassessmentsleviedagainstsuch
uncompleted Unitby the Associationshallbe limitedto assessmentsforthe Common Elements
Page 13of38
relatingto the land,includingrealestatetaxes and assessments,public liabilityinsurance,assessmentsand costsrelatingto theCommon Elements,but not includingassessmentsforfire
and casualtyinsurance or other assessments and costs relatingto the Common Elements
applicabletoor servicingonlythecompleted Units.
5) Developer Reservationof Rights.Developer reservestherightfrom time to time,in the Developer'ssolediscretion,to expand the Condominium by adding adjacentlands and
common elements to the lands describedon Exhibit A. This rightis irrevocable;however,
Developer shallnotbe requiredtoadd such additionallandstotheCondominium and Developer
may add a portionor allthereofat Developer's discretion.Developer reservesan easement
through the Common Elements hereindescribedforaccess,ingressand egress,and forutilityand servicelines,and the hookup toexistingaccessand utilityand servicelines,and thehookupto existingaccess and utilitylines. The manner of subjectingthe additionallands to this
Declarationshallbe accomplished by the filingof recordinthe officeof theCounty Clerk and
Recorder forGallatinCounty a Declarationof Annexation foreach such expansioncontaining:
a) An amended landdescription(i.e.ExhibitA) and siteplan (i.e.ExhibitC)
showing the land and Units to be added, the Unit Designationsto be added to the
Condominium and theCommon Elements towhich each Unithas access.
b) Amended floorplans(i.e.ExhibitB) showing the layoutand dimensions
of each Unit,the area of each Unit,the Unit Designations,and the Common Elements
withinor attachedtotheUnitsand theCommon Elements towhich each Unit hasaccess.
c) An amendment to Exhibit D of the Declaration showing the new
percentagesof interestof theUnits intheCommon Elements of theCondominium. Such
percentageshallbe based upon thepercentageeach Unit comprises of thetotalunitsin
theProjectatthedateoftheamendment totheDeclaration,
d) A verifiedcertificateor statementof a registeredarchitect,registered
professionalengineeror registeredlandsurveyorsettingforththe requirementsoutlined
inArticleV(4).
e) Such otheramendments as shallbe necessaryto incorporatetheannexed
landand UnitsintotheCondominium.
6) Binding Effect. Declarant shallhave the unilateralrightto execute,fileand
recordany such amendments setforthin(4)and (5)above and such otherdocuments requiredto
accomplish such annexation.
The Unit Owners, theAssociation,lienholders,mortgagees and allothersacquiringany interest
or lienon the Units or Common Elements shallbe bound by the foregoing rightsof the
Declarantto amend the Declaration(and Bylaws ifrequired)and theirconsent isimplied to
such amendments by the acceptance or acquisitionof any interestor lienin the Units or
Page 14of38
Common Elements and Developer isappointed the Unit Owners' and lienholders'attorney-in-fact to execute and record such amendments. These provisionsshall be deemed a
covenant running with the Unitsand Common Elements.
Upon the execution and recording of any such amendment, the Unit Owners, lien
holdersand mortgagees shallbe bound and subjectto the terms,provisionsand conditions
and consequences of such amendment. The recorded amendment shallbe mailed to each
Unit Owner and to the Association. Each Unit Owner shallmail a copy of the recorded
amendment to any mortgagee or otherlienholderof hisor her respectiveUnit.
Afterthe recordingof such amendment, any transfer,conveyance deed, encumbrance,
lien,mortgage, or assessment shallreflectany new or changed percentage of interestinthe
Common Elements. A Unit or Units'failureto accuratelyreflector statethe new percentageinterestshallnot void any document, and the errormay, at any time, be correctedby the
appropriatecorrectivedocument.
7) Use. The Units and Common Elements shallbe occupied and used as follows:
a) The property may be used for only lawful purposes. The Units shall
only be used forlawfulresidentialpurposes includingresidentialrentals,as limitedbythisDeclaration.
b) There shall be no obstructionof the Common Elements nor shall
anything be storedin or on the Common Elements without the priorwrittenconsent
of theAssociation,except forbuildingmaterialsand equipment used by theDeveloperinthecourseof constructingadditionalinfrastructure,Units or Common Elements.
c) Owners shall not cause or permit anything to be placed, hung or
displayedon the outsideof windows or placed on the outsideof windows or placedon the outsidewalls of a Unit and no window-mounted airconditioningunit (air
conditioningcompressors for interiorairconditioningsystems must be situatednext
to a Unit'soutdoor patio),sign,awning, canopy, radioor televisionantenna,satellite
dish,otherreceptiondevice shallbe affixedto or placed upon the exteriorwalls or
roof or any part thereof of any Unit, without the prior written consent of the
Association,which consent may be withheld ,as applicable,except as allowed by the
Bylaws.
d) Nothing shall be done in any Unit, or in, on or to the Common
Elements which will impair the structuralintegrityof any Unit or which would
structurallychange any Unit or Common Element.
e) Nothing shall be altered or constructed in or removed from the
Common Elements, except upon the priorwrittenconsent of the Declarant or the
Association,asapplicable.
Page 15of38
ARTICLE VI
THE ASSOCIATION
1) Membership. Any Owner of a Unit shallautomatically,upon becoming the
Owner of said Unit, be a member of the Association,and shallremain a member of said
Association untilsuch time as such Owner's ownership ceases,whereupon such Owner's
membership in the Associationshallautomaticallycease. Associationmembership shallbe
appurtenantto and may not be separatedfrom the ownership of any Unit. The membershipshallbe limitedto UnitOwners as defined inthisDeclaration.
2) Function.It shallbe the functionof the Associationto:
a) Enforce the Bylaws forthegovernance of the Association.
b) Make provisions for the general management and/or repairs and
maintenance of the Common Elements.
c) Levy assessmentsas provided forinthe Declaration,Bylaws and Unit
Ownership Act.
d) Adopt and implement a policyfortheaffairsof theAssociation.
e) Enter intocontractsto hirepersonnelforthe management of the affairs
of the Associationand the maintenance and repairof theCommon Elements.
f) Take such actionsas necessaryor reasonableto implement and carryout
thepurposes and intentofthisDeclaration;to enforceand administerthisDeclaration.
g) To act in any other matters set forthherein or which may serve the
Project.
h) Adopt rules,regulationsand maintenance requirements.
3) Vote. On allmatters,unlessexcluded by thisDeclaration,to be decided bythe Association,each Owner shallhave one (1) vote per Unit. When more than one (1)
person owns any Unit,allsuch persons shallbe Members. The vote for such Unit shallbe
exercisedas the Owners among themselves determine,but in no event shallmore than one
(1)vote be castwith respectto any Unit.Meetings of theAssociationshallonly be conducted
when a quorum is present,as defined in the Association Bylaws. Except as otherwise
provided in the Unit Ownership Act, this Declaration or the Bylaws, a majority of the
aggregate votinginterestspresentat any meeting or by proxy shallbe sufficientto act on
mattersbroughtbefore the Association.
Page 16of38
4) Failureto Compl y- Attorney's Fees. Each Owner, Occupant and Owner's
Tenant shallcomply strictlywith the provisions of thisDeclaration,the Bylaws, rules,
regulations,decisionsand resolutionsof the Association adopted pursuant thereto as the
same may be lawfully amended from time to time. Owners of Units occupied by non-
complying tenants are requiredto remedy any issue of non-compliance immediately or
terminate the tenancy. Failureto comply with any of the same shallbe grounds for an
action to recover sums due, for damages or injunctive relief or both, and for
reimbursement of allcosts, including attorney fees incurred in connection therewith,which action shall be maintainable by the Declarant, the Board or the Manager in the
name of the Association,as applicable,on behalf of the Owners or by an aggrievedOwner where therehas been a failureof the Association to bring such action within a
reasonable time.
5) InitialBoard of Directors. The Association or non-profitcorporation shall
be governed by a Board of Directors which shall consist initiallyof at leastthree (3)directors.The Declarant hereby appointsthe following persons to serve on the Board of
Directorsuntilthe firstmeetingof the Associationto-wit:
W. Mark Easton
PostOfficeBox 12037
Bozeman, MT 59719
TrishaEaston
PostOfficeBox 12037
Bozeman, MT 59719
Tom Huber
PostOfficeBox 12037
Bozeman, MT 59719
6) Maintenance by Owners Association. The Association shall maintain and
keep in repairallCommon Elements of the Condominium. All fixtures,utilitylinesand
equipment installedand/or providing service to eachUnit,commencing at a pointwhere
the utilitiesentera Unit'sexteriorboundary, shall be maintained and kept in repairby the
Owner thereof.In order to ensureattractivestreetscapesand effectivelandscape bufferingin the side yards between Units,the Association willmaintain,as a Common Expense, the
PrivateYards and the landscape elements therein.The Association shalldo no act or anywork that will impair the structuralsoundness or integrityof any Unit, or Common
Elements, or impairany easement.
The rightof the Associationto repair,alter,and remodel any Common Elements is
coupled with the obligationto replace any finishing or other materials removed with
similartype or kinds of materials.
Page 17of38
With regard to the required City of Bozeman storm water drainage facilities
maintenance plan seethe attachedExhibitE.
ARTICLE VII
ASSESSMENTS
1) Annual and SpecialAssessments. Each Owner, upon becoming an Owner is
deemed to have agreed to pay to the Associationa) annual assessments or charges,and b)
specialassessments.
2) Purpose of Annual Assessments. The annual assessments levied by the
Association shallbe used to promote the business,safety,convenience and welfare of the
Owners and for the improvement, snow plowing repair and maintenance of: Common
Elements; allLandscape Elements, includingthosewhich are locatedinPrivateYards; roads;
easements; dedicated parkland and open space; purchase of liabilityinsuranceand other
required insurance;and for any other purposes, expressed or implied,in thisDeclaration.
The Association shallhave the responsibilityand authorityfor providing for interiorroad
maintenance,repairsand snow removal.
3) Payment of Assessments. All assessmentswillbe billedand paid on a monthlybasis.All assessments shallbe due ten (10)days from the date of mailing noticeof such
assessments to the Owners. Assessments may be payable in installments,monthly or
quarterly,atthe option of the Board. The amount of the Common Expenses assessedagainsteach Unit and the amount of Limited Expenses assessed againsteach Unit shallbe the
personaland individualdebt of theOwner thereof.No Owner may exempt itselffrom liabilityforthese contributionstoward the Common Expenses by waiver of the use of enjoyment of
any of the Common Elements or by abandonment of theOwner's Unit.All assessmentsthat
arenot paid withinthirty(30)days from the datethey are due and payable become delinquentand are subjectto interestand penalty charges.The Declarant,the Board or Manager, as
applicable,shallhave the responsibilityof taking prompt action to collectany unpaidassessment that becomes delinquent. In the event of delinquency in the payment of the
assessment,the Unit Owner shallbe obligatedto pay interestatthe rateto be determined bytheBoard on the amount of the assessment from the due date thereof,togetherwith such late
charges inthe amount of ten percent(10%) of the delinquentassessment. Suitto recovera
money judgment for unpaid assessments may be maintainedwithout foreclosingor waivingthe liensecuringthe same.
a) Common Expenses and common profits,ifany,of the Associationshall
be distributedamong, and charged totheUnit Owners accordingto the percentageof
interestof each Owner intheCommon Elements.
Page 18of38
4) Levying Assessments When Made- Purposes. The Association of Unit
Owners shalllevy assessments upon the Unit Owners in the following manner and forthe
followingreasons:
a) The Board shallestablishand levy annual assessments in an amount
thatthe Board estimateswill be sufficientto raisethe funds needed to perform the
dutiesof the Associationduring each fiscalyear. The Board atany time may levy a
specialassessment in order to raisefunds for unexpected operatingor other costs,insufficientoperating or reserve funds, or such other purposes as the Board in its
discretionconsidersappropriate.The Board may not impose an annual assessment on
any Unit which ismore than fifteenpercent(15%) greaterthan theannual assessment
for the immediately preceding fiscalyear,or levy specialassessments which in the
aggregateexceed fifteenpercent(15%) of the totalbudget of the Associationforthat
fiscalyear,without the vote or writtenconsent of a majorityof the aggregatevotinginterestsof the Association.Notice of the assessment,whether regularor special,the
amount thereof,and the purpose forwhich itismade, includingan annual budget for
expendituresand operation,forregularannual assessments,shallbe servedon allUnit
Owners, by deliveringa copy of the same to the Owner personallyor by mailing a
copy of the noticetothe saidOwners attheiraddressesof record atleastten(10)days
priorto thedue date forsuch meeting.
b) Assessments shallbe made forthe repair,replacement,insurance,general
maintenance, creation of reserves,management and administration of Common
Elements, fees,costsand expenses of the manager, taxes for Common Elements, if
any,and as more particularlyprovided inthe Unit Ownership Act (Section70-23-101,et. seq., MCA), sidewalks along streets,driveways, weed control,storm water
facilities,ponds, dedicated public parkland easements and open space, LandscapeElements and any other matter that fallswithin the Common Elements of the
Condominium. In addition,the Association shallbe responsible for any and all
existing and future special improvement districts(SIDs) applicable to the
Condominium, including,but not limitedto lightingdistricts,streetmaintenance,tree
maintenance or any otherproperly-createdSID. Assessments shallbe based upon and
computed by using the percentageof interestthateach Unit Owner has inrelationto
theCommon Elements.
c) Assessments may alsobe made forthe payment of maintenance,repairand replacement of Common Elements, such thatthe Unit Owners are chargeable only for
theexpenses relatingto theirrespectiveUnits.
d) Assessments may also be made for any purpose contemplatedby this
Declarationand forany purpose setout inthe Montana Unit Ownership Act.
e) In a voluntary conveyance of a Unit,the grantee of the Unit shallbe
jointlyand severallyliablewith the grantor for allunpaid assessments by the Association
Page 19of38
againstthe latterfor his share of the Common Expenses up to the time of the grant or
conveyance,without prejudiceto the grantee'srightto recover from the grantorthe amounts
paid by the granteetherefore. However, any such grantee shallbe entitledto a statement
from the Manager or Board of Directorsof the Association,as the case may be,settingforth
the amount of said unpaid assessmentsagainstthe grantor due the Association and such
granteeshallnot be liablefor,nor shallthe Unit conveyed be subjectto alien for,any unpaidassessmentsmade by the Associationagainstthe grantorin excess of the amount thereinset
forth.
f) The annual assessment shallalso includea portionfor reservesas the
Board considers appropriate to adequately meet the costs of the future repair,
replacement or additionsto the major Common Elements, improvements and fixtures
that the Association is obligated to maintain and repair. Reserves for General
Common Elements shall be assessed according to the Unit'spercentage interest.
Reserves for Limited Common Elements, ifany, shallbe assessed to the Units to
which they areappurtenant.
5) Assessments to be paid by the Developer. During the period beginning with
therecordingof thisDeclarationand ending twenty-four(24) months afterthe closingof the
firstsale of a Unit, the Developer shallnot pay any assessments on the Units itowns,
provided,however, thatduring thisperiod the Developer shallreimburse the Associationfor
any expenses the Associationincurswhich are not covered by the assessment of other Unit
Owners, includingbut not limitedto snow removal and landscapemaintenance.
6) Liens and Foreclosure: All sums assessedbut unpaid forthe shareof general
Common Expenses and Limited Common Expenses chargeableto any Unit shallconstitutea
lienon such Unit superiortoallotherliensand encumbrances, except only fortaxand specialassessment lienson the Unit in favor of any assessingauthority,and allsums unpaid on a
firstmortgage or a firsttrustindentureof record,includingallunpaid obligatorysums as maybe provided by such encumbrance. To evidence such lien,the Declarant,the Associationor
Manager, as applicable,shallprepare a writtennoticeof lienassessment settingforththe
amount of such unpaid indebtedness,the amount of accrued interestand latechargesthereon,
the name of the Owner of the Unit and a legaldescriptionof the Unit. Such noticeshallbe
signed and verifiedby the Declarant,one of the officersof the Association or by the
Manager, or his authorizedagent,as applicable,and shallbe recorded in the officeof the
Clerk and Recorder of GallatinCounty, Montana. Such lienshallattachfrom the date of
recording of such notice. Such lienmay be enforced by the foreclosureof the defaultingOwner's Unit by the Declarant,or the Association,as applicable,in the manner provided in
the Unit Ownership Act and as provided by the foreclosureof a mortgage on realproperty
upon the recordingof a noticeof claim thereof.In any such foreclosure,the Unit Owner shall
be requiredto pay a reasonablerentalforthe Unit and the plaintiffinsuch foreclosureaction
shallbe entitledtothe appointment of a receiverto collectthe same. Suitto recovera money
judgment forunpaid Common Expenses shallbe maintainablewithout foreclosureor waiving
the liensecuringthe same. In any such proceeding the Owner may be requiredto pay the
Page20 of38
costs,expenses and attorney'sfees incurredin filinga lien,and in the event of foreclosure
proceedings,additionalcosts,expenses and attorney'sfeesincurred.
7) Bidding at Foreclosure: The Board of Directorsof the Association,on behalf
of the other Unit Owners, shallhave the power to bid on the Unit at a foreclosureor other
legalsaleand to acquire and hold, lease,mortgage and convey or otherwise deal with the
same. Any lienholderholding alien on.a Unit may pay, but shallnot be requiredto pay, any
unpaid General Common Expenses, or Limited Common Expenses payable with respectto
any such Unit,and upon such payment, such lienholdershallhave alien on saidUnit forthe
amounts paid of the same rank as the lienof hisencumbrance withoutthe necessityof havingto filea noticeor claim of such lien.
8) Unpaid Assessments - Mortgagee: Where a lienholderor otherpurchaserof a
Unit obtainstitletothe Unit as a resultof foreclosureof the firstmortgage or trustindenture,
such acquirerof title,hissuccessorsand assigns,shallnot be liableforthe shareof Common
Expenses or assessmentsby the Associationchargeableto such Unit which became due priorto the acquisitionof titleto such Unit by such acquirer. Such unpaid share of Common
Expenses or assessments shallbe deemed to be Common Expenses collectablefrom allof the
Units includingsuch acquirer,hissuccessorsand assigns.
ARTICLE VIII
DEVELOPER'S RIGHT TO CHANGE
The Developer reservesthe rightto change the interiordesign and arrangement,size
and type of the Units,so long as the Developer owns the Units so altered.No such changeshallincreasethe number of Units or alterthe exterior boundary of the General Common
Elements without an amendment or supplement of thisDeclaration,which power isreserved
tothe Developer herein.
ARTICLE IX
AMENDMENT
1) Amendment. Amendment of thisDeclarationshallbe made in the followingmanner: At any regular or special meeting of the Association of Unit Owners such
amendment may be proposed as a resolutionby any Unit Owner, or the Board or Manager.
Upon adoption of the resolutionby a majorityvote of those presentthe amendment shallbe
made subjectforconsiderationatthe next succeeding meeting of the Associationwith notice
thereof,togetherwith a copy of the amendment to be furnishedto each Owner no laterthan
Page21 of38
thirty(30) days in advance of such meeting. At such meeting, the amendment shallbe
approved upon receivingthe favorablevote of seventy-fivepercent(75%) of the aggregate
percentageof interestof the Unit Owners. Ifso approved, itshallbe the responsibilityof the
Associationto filethe amendment with the Clerk and Recorder's Office of GallatinCounty,Montana. Notwithstandinganything setforthin thisArticleIX, paragraph 1, the Developerreservesthe soleand unilateralrightto amend thisDeclarationto change the design,sizeand
orientationof any unbuiltUnit,for the longer of the period when the Developer isa Unit
Owner or untilthecompletionand saletothirdpartiesof allUnitsintheProject.
2) ReservationtoDeveloper. The Developer hereby reservestherightatany time,on behalf of itselfand on behalf of the Association,to amend thisDeclarationand the
Governing Documents without approval of any Unit Owner or mortgagee forthepurposes of
correctingsurvey or other errorsand for any other purpose unless the amendment would
materiallyalteror change the rightsof a Unit Owner or mortgagee, in which event Unit
Owner and mortgagee consent shallbe required as provided above. Such changes shall
includeadding additionalphases contemplatedinthisDeclaration.
3) Change in Percentage of Value. The value of the vote of any Unit Owner and
the correspondingproportionof Common Expenses assessedagainstsuch Unit Owner shall
not be modified without the writtenconsent of such Unit Owner and hismortgagee, nor shall
the percentage of value assigned to any Unit be modified without likeconsent,except as
provided inthisDeclarationin the Bylaws or pursuantto the Unit Ownership Act or by the
annexationof additionalUnits insubsequent phases.
4) Approval of Developer. No amendment shalladversely affectthe rightsor
privilegesof theDeveloper without Developer'spriorwrittenconsent.
5) Amendment Priorto Sale/Leaseby Declarant. Notwithstandingthe procedureset forth above, the Declarant may unilaterallyamend this Declaration,or any other
Governing Documents, priorto any saleor leaseof a Unit or interestthereof.
6) Power of Attorney. Each Unit Owner hereby appointsthe Developer as hisor
her attorney-in-fact,and grantsthe Developer allnecessary authorityso thatthe Developer
may fileany amendment authorizedby the processdescribedherein.
ARTICLE X
ENFORCEMENT
1) Abatement and Suit.The Owner of each Unit shallbe primarilyliable,and the
Occupant or Owner's Tenant, ifany, secondarilyliablefor the violationor breach of any
covenant, condition,or restrictionherein contained. Violationor breach of any covenant,
Page22 of38
condition, or restrictionherein contained shall give to Declarant, or the Association,
followingseven (7)days noticeto the Owner, Owner's Tenant or Occupant inquestionwhere
the Owner's Tenant isin non-compliance, and fifteen(15) days noticeforother violations,the right,privilegeand licenseto enterupon the Unit where said violationor breach exists
and to abate and remove summarily, or abate or remove, at the expense of the Owner,
Owner's Tenant or Occupant thereof,any improvement, structure,thing,or conditionthat
may be or existthereon contraryto the intentand meaning of the provisionshereof,or to
prosecutea proceeding at law or equityagainstthe person or persons who have violatedor
are attempting to violateany of these covenants, conditions or restrictionsto enjoin or
preventthem from doing so,to cause saidviolationto be remedied,or to recoverdamages for
saidviolation.No such entryby Declarant,the Associationor theiragents shallbe deemed a
trespass,and neitherDeclarantnor theAssociationnor theiragents shallbe subjectto liabilityto the Owner, Owner's Tenant or Occupant of said Unit forsuch entryand any actiontaken
to remedy or remove a violation.The costof any enforcement action,abatement,remedy or
removal hereunder shallbe a binding personalobligationon any Owner, Owner's Tenant or
Occupant in violationof any Provisionof thisDeclaration,as well as alien (enforceablein
the same manner as a mortgage) upon the Unit in question. The lienprovided for in this
sectionshallnot be validas againsta bona fidepurchaseror mortgagee forvalue of the Unit
in question unless a suitto enforce the lienhas been filedin a court of record in Gallatin
County, Montana, priorto the recordationof the deed or mortgage conveying or encumberingthe Unit inquestionto such purchaseror mortgagee respectively.
2) Liens. Any lienstatementmust setforththe names of the claimant,and the
Owner of recordof the Unit againstwhich the lienisclaimed,a descriptionof the Unit,the
amount of the claim,the date of the claim and a briefstatementof the manner in which the
costsand expenses constitutingthe claim were incurred.Once filed,the lienshallremain on
record as a claim againstthe propertyuntilpaid infull,or foreclosedinthe manner provided
by law,subjecttothe rightsof redemption.
3) Notice. Notice, as required above, shallbe given in writing and may be
personallyserved on the Owner, person or entityconcerned or mailed via depositintheU.S.
Mail, certifiedmail,returnreceiptrequested,postageprepaid and shallspecifythe violation
or threatenedviolation,identifythe Unit,demand compliance with the terms and conditions
of thisDeclarationand shallstatethe actionwhich willbe taken ifthe violationor threatened
violationisnot abated,remedied, or satisfied.Such notice,shallbe effectiveon the date
noticeispersonallyserved upon theOwner, person,entityor theiragent and when served bymail shallbe deemed complete when deposited,postage prepaid,in the United Statesmail.
In thiscontextthe term agent shallinclude,but not be limitedto,familymembers or tenants
of the Owner, contractorsor subcontractors working on the Owner's Unit who have
contributedto theviolationor threatenedviolation,and partiesappointed by the Owner as an
attorney-in-fact.In the event the violationcould resultin immediate danger or harm, to
eitherthe health or property of the other Unit Owners, the Common Elements or the
Association,the violatormust, after being properly notified,immediately remedy the
violation.In the event the violationwillnot createimmediate danger or harm, the violator
Page23 of38
shallhave fifteen(15) days from the effectivedate of such noticewithin which to complywith this Declarationor the action requested before any party may engage in abatement
action,entryon theproperty,or commencement of legalactionas provided herein.
4) Right of Entry. During reasonable hours and upon forty-eight(48) hours
notice,and subjectto reasonable securityrequirements,Declarant,the Association or their
agents,shallhave the rightto enterupon and inspectany Unit covered by thisDeclaration
forthe purpose of ascertainingwhether or not the provisionsof thisDeclarationhave been or
are being complied with,and neitherDeclarant nor the Associationnor theiragents shallbe
deemed to have committed a trespass or a wrongful act by reason of such entry or
inspection.
5) Deemed to Constitutea Nuisance. The resultof every actor omission whereby
any covenant, condition or restrictionherein contained is violatedin whole or in part is
hereby declaredto be and to constitutea nuisance and every remedy allowed by law or in
equity againstan Owner or Occupant, eitherpublic or private,shallbe applicableagainst
every such resultand may be exercisedby Declarantor theAssociation.
6) Attorney'sFees.
a) When a Unit isleasedor occupied by persons otherthan theOwner, an
Owner, Occupant or Owner's Tenant whose non-compliance with any covenant,conditionor restrictioncontainedherein,which resultsinthe Declarantor Association
incurring attorney'sfees or costs,whether or not legal action is institutedor
completed,shallbe liableforallsuch attorney'sfeesand costsand alien may be filed
againsttheUnit forsuch attorney'sfeesand costs.
b) Otherwise, in any legalor equitableproceeding forthe enforcement of
this Declaration or any provision hereof, whether it be an action for damages,
declaratoryreliefor injunctiverelief,or any other action,the losingpartyor partiesshallpay the attorney fees and costs of the prevailingparty or parties,in such
reasonableamount as shallbe fixedby the courtin such proceedings or ina separateactionbrought forthatpurpose.The prevailingpartyshallbe entitledto saidattorney'sfeesand costseven though said proceeding issettledpriortojudgment. All remedies
provided hereinor atlaw or inequityshallbe cumulative and not exclusive.
7) Failureto Enforce isno Waiver. The failureof Declarantor Associationto
enforceany requirement,restrictionor standardhereincontainedshallinno event be deemed
to be a waiver of the rightto do so thereafteror inothercases,nor of the rightto enforceanyotherrestriction.
Page24 of38
ARTICLE XI
ASSIGNMENT
Any or all of the rightsand powers granted or reserved to the Developer in the
Governing Documents or by law, includingthe power to approve or disapprove any act,use
or proposed actionor any othermatter or thing,may be assigned by itto any otherentityor
to theAssociation.Any such assignment or transfershallbe made by appropriateinstrument
inwritingduly recorded inthe officeof the GallatinCounty Clerk and Recorder.
ARTICLE
XII RESTRICTIONS
All of the Units and Common Elements inthe Projectshallbe held,used and enjoyed
subjectto thefollowinglimitationsand restrictions:
1) Use. The Units in the Condominium shall be used only for purposes of
residentialoccupancy by Unit Owners, theirfamilies,and theirguests and inviteeswho do
not pay considerationfor such occupancy, consistentwith the otherrestrictionscontained in
the Governing Documents. The Units may alsobe used forresidentialrentalaccommodation,as limitedby the restrictionsof SectionXII (2)and may not be used for any otherpurposeswhatsoever.
2) Leasing. A Unit may only be leasedor otherwiseoccupied by person(s)other
than the Owner in a manner consistentwith the restrictionsset forth in the GoverningDocuments. All leasesbetween an Owner and the Owner's Tenant must includea copy of this
Declaration which shallbe attached to and made a part of the lease.Owners shallbe
responsible for all violationsof the Governing Documents or damages caused to the
Common Elements by theirTenants.
3) Alterationsand Modifications. No Unit Owner shallmake any alterationor
modificationof any of the Common Elements. The Association shallonly undertake such
alterationsand modificationsiftheDeveloper has given prior,writtenapproval.
4) Home Occupations. The Owner or the Owner's Tenant may engage ina home
occupation,so long as itisconducted incompliance with theGoverning Documents.
5) Developer. So long as the Developer owns any Unit inthe Projector untilall
proposed phases are completed, thereshallbe no obstructionof the Common Elements nor
shallanything be stored in or on the Common Elements, with the exception of construction
equipment and materials relatedto the Developer's activities,without the prior written
Page25 of38
consent of theDeclarantand the Association. Each Owner shallbe obligatedtomaintainand
keep inorderand repairhisown Unit.
6) Activities.No unlawful or offensiveactivityshallbe carriedon inany Unit or
upon the Common Elements nor shall anything be done which may be or become an
annoyance or a nuisanceto theotherUnit Owners ofthe Project.No loud or offensivenoises,
or noxious or offensive odors, shall be emitted beyond the confines of a Unit. No
unreasonably noisy activityshalloccur in or on the Common Elements or in any Unit. No
Unit Owner, Owner's Tenant, Occupant or Guest shalldo or permit anything to be done or
keep or permitto be kept inhis Unit or on the Common Elements anythingthatwillincrease
therateof insuranceon theCondominium without thewrittenapprovalof theDeclarantor the
Association,as applicable,and each Unit Owner shallpay to the Associationthe increased
cost of insurancepremiums resultingfrom any such activityor the maintenance of any such
condition,even if approved. Activitieswhich are deemed offensiveand are expressly
prohibitedinclude,but are not limitedto,the following: any activityinvolvingthe use of
firearms,air rifles,pelletguns, B-B guns, bows and arrows, or other similardangerous
weapons, projectilesor devices.
7) Pets.A maximum of two household pets(dogs and cats)may be maintained by
any Unit Owner, Owner's Tenant, Occupant or Guest in a Unit. Any Unit Owner, Owner's
Tenant, Occupant or Guest who causes any animal to be brought or kept upon the Property
shallbe subjectto the provisionsof the Bylaws and shallindemnify and hold harmless the
Associationfrom any loss,damage or liabilitythatthe Associationmay sustainas the result
of thepresenceof such animal on the Property. All dogs and catsshallbe strictlycontrolled,
at alltimes,so as not to annoy or interferewith the use of other Units and shallbe kept
within the Owner's, Owner's Tenant's, Occupant's or Guest's Unit or PrivateYard, and
shallnot be allowed to roam free.
Pet owners shall pick up their pet'sfeces promptly, in both Private Yards and
Common Elements,and then disposeof them properly.
No dogs shallbe allowed to bark for extended periods of time and be a nuisanceto
others. No kennels are allowed outsideof a Unit without the expresswrittenconsentof the
Association,which consentmay be withdrawn atany time by theAssociation..
8) Aesthetics. Subject to the provisions of Article XII (5), the Common
Elements shallnot be used for storageof supplies,materials,personal propertyor trashor
refuse of any kind, except as provided in duly adopted rules and regulationsof the
Association. No unsightlyconditionsshallbe maintained on any patio,porch or deck and
only outdoor furnitureand equipment consistentwith the normal and reasonableuse of such
areas shallbe permittedto remain thereduring seasons when such areas are reasonably in
use and no furnitureor equipment of any kind shallbe storedthereon during seasonswhen
such areas are not reasonablyin use.No indoor furnitureshallever be in use in an outdoor
area.Trash receptaclesshallbe maintained inareasdesignatedthereforatalltimes and shall
Page26 of38
not be permittedto remain elsewhere on theCommon Elements except forsuch shortperiodsof time as may be reasonably necessaryto permit periodiccollectionof trash.The Common
Elements shallnot be used in any way forthe drying,shaking or airingof clothingor other
fabrics.In general,no activityshallbe carriedon nor conditionmaintained by a Unit Owner,Owner's Tenant, Occupant or Guest, eitherin the Unit or upon the Common Elements,which isdetrimentalto theappearance of the Project.
The privacy,attractivenessand value of the Units are enhanced by the Landscape Elements
thatare a Limited Common Element of each Unit. All such Landscape Elements shallbe
maintained exclusivelyby the Association.In orderto both preservethe Landscape Elements
and maintain a reasonably equitabledistributionof the landscaping maintenance coststhat
area functionof design,neitherUnit Owners, Owners' Tenants,Occupants, Guests nor their
petsshallinterferewith,damage, alteror remove any of the vegetation,irrigationsystems or
other Landscape Elements thatare maintained by the Association.Vegetation would include
trees,shrubs, lawn areas,bedding plants,vines or mulch. No Landscape Elements may be
added as a Limited Common Element to any Unit without the priorwrittenconsent of the
Association.
9) Advertising. No signs or other advertisingdevices of any kind shall be
displayed which are visiblefrom the exteriorof a Unit or on the Common Elements,
including "For Sale" or "For Rent" signs,without the priorwrittenpermission from the
Associationand the Developer, so long as itowns a Unit or untilthe completion of all
proposedphases of theProject.
10) No Owner shallpark, store or maintain in or on the Property any boats,
trailers,campers or commercial type trucks,or vehiclesotherthan ordinarypassenger cars,
sportsutilityvehiclesand pick-up trucks. The temporary parking of boats,trailers,campers,or other vehiclesnot customarily used for means of general transportationfor periods of
shortduration,but not to exceed forty-eight(48)hours withinany seven (7)day period,shall
not be deemed a violationof thisparagraph. No Owner shallpark more than three (3)
passenger vehicleson the Property without the priorwrittenconsent of the Board, in each -
and every instance.The thirdvehiclewillbe parked on the street.No repairsto any vehicle
may be made on the Property,except in case of strictemergency. No noisy,smoky or
unlicensed vehiclesshallbe operated upon the Property. The Associationmay cause the
removal of any vehiclewrongfullyparked on the Property,includinga vehicleowned by any
Owner, theirfamily guestsor tenants,inany manner allowed by law. The Associationshall
not be liableforany damages incurredby thevehicleowner, or any Owner, Owner's Tenant,
Occupant or Guest, because of the removal of a vehiclein compliance with thissection,or
for any damage to the vehiclecaused by the removal. Notwithstandingthe foregoing,the
Associationmay cause the removal, without notice,of any vehicleparked in a marked fire
lane,within fifteen(15) feetof a firehydrant,ina parking space designatedforhandicappedwithout proper authorityor in a manner which interfereswith any entranceto,or exitfrom,the Propertyor any Condominium, parking space or garage locatedthereon.
Page27 of38
11) Parking areas.All on-streetparking iscontrolledand enforcedby the City of
Bozeman.
12) Rules and Regulations. Itis intended that the Developer and the Board of
Directorsof the Associationmay make rulesand regulationsfrom time to time to reflectthe
needs and desiresof the Unit Owners in common. Reasonable regulationsconsistentwith
the Act, thisDeclarationand the Bylaws concerning the use of the Property may be made
and amended from time to time by the Developer or any Board of Directorsof the
Association,includingthe firstBoard of Directors.Copies of allsuch rules,regulationsand
amendments theretoshallbe furnishedto allUnit Owners.
13) Right to Access of Association. The Associationor itsduly authorizedagentshallhave access to each Unit and any Limited Common Elements appurtenanttheretofrom
time to time, during reasonable working hours, upon noticeto the Unit Owner thereof,as
may be necessary for the maintenance, repair or replacement of any of the Common
Elements. The Declarant,the Associationor itsagent,as applicable,shallalsohave access
to each Unit and any Limited Common Elements appurtenanttheretoat alltimes without
noticeas may be necessaryto make emergency repairsto prevent damages to the Common
Elements or to anotherUnit. Itshallbe the responsibilityof each Unit Owner toprovide the
Association a means of access to the Owner's Unit and any Limited Common Elements
appurtenanttheretoduring allperiodsof absence,and inthe event of the failureof such Unit
Owner to provide means of access,the Declarantor theAssociation,as applicable,may gainaccess in such manner as may be reasonableunder the circumstances and shallnot be liable
to such Unit Owner for any necessary damage to his Unit and any Common Elements
appurtenant theretocaused thereby or for repairor replacement of any doors or windows
damaged in gainingsuch access.
14) Reserved Rights of Developer. None of the restrictionscontained in this
Articleshallapply to the commercial activitiesor signsor billboards,ifany, of theDeveloper
during the development and salesperiod or of the Association in furtheranceof itspowersand purposes set forth herein, as the same may be amended from time to time.
Notwithstanding anything to the contraryelsewhereherein contained,Developer shallhave
the rightto maintain a salesoffice,a business office,a construction office,one or more
model Units, storage areas and reasonable parking incidentto the foregoing and such
access to,from and over the Project as may be reasonable to enable development and
sale of the entire Project by Developer and may continue to do so during the entire
development and salesperiod of allproposed phases.
ARTICLE XIII
Page28 of38
CHANGES, REPAIRS, LIENS
1) Alterations:Notwithstanding any rightsto remodel the interiorof the Units,
no Unit Owner, Owner's Tenant, Occupant or Guest may change the color or otherwise
alterthe exteriorof a Unit in any way without having received the priorwrittenapprovalof the Association. No Unit Owner, Owner's Tenant, Occupant or Guest may damage,remove or alterin any way the Fencing thatencloses the Unit's PrivateYard. No Owner,
Owner's Tenant, Occupant or Guest may damage, alteror remove Landscape Elements
in theirUnit's Private Yard without having received the prior writtenapproval of the
Association. No change in the boundaries of Units shallencroach upon the boundaries
of the Common Elements exceptby amendment to thisDeclaration.
2) Maintenance by Unit Owners: Owners shallmaintain and keep in repairthe interiorand exteriorof theirUnits.Owners, Owners' Tenants, Occupants and Guests
shall respectand in no way abuse or misuse Unit exteriors,Fencing and LandscapeElements. The Common Elements shallbe repaired and maintained by the Association,
unless the need for specificmaintenance, repairor replacement was created by the action
or negligence of a Unit Owner, Owner's Tenant, Occupant or Guest,in which case the
cost of any such maintenance, repairor replacement will be the sole responsibilityof the
Unit Owner. Such required maintenance, repairor replacement will be initiatedand
overseen by the Association. Notwithstanding the maintenance and repairobligationsset
forth above, No Owner, Owner's Tenant, Occupant or Guest will undertake any
maintenance, repairor replacement of any Unit exteriors without the prior written
approval of the Association.
An Owner shallcomply with all governmental health,fireand safetyordinances,
regulations, requirements and directives.All fixtures,utilitylines and equipment
installed in Units commencing at a point where the utilitiesenter a Unit shall be
maintained and kept in repairby the Owner. An Owner shalldo no act,nor any work, that
will impairthe structuralsoundness or integrityof theirUnit or impairany easement. An
Owner shallalso keep allareas and Limited Common Elements appurtenant to his Unit
in a neat,cleanand sanitarycondition. No actsof alteration,repairingor remodeling by
the Owner shallimpairin any way the structuralintegrityof Common Elements.
If an Owner, Owner's Tenant, Occupant or Guest abuses, misuses or damages a
Unit'sexterior,Fencing or Landscape Elements, theAssociationshallhave the right,butnot
theobligation,to make allnecessary repairsor replacements arisingfrom such abuse,misuse
or damage and billthe Owner for allrelatedcosts.Ifthe Owner failsto remit payment for
such coststo the Associationwithin ten (10)days of the date of such billing,the Association
shallhave the rightto filealien againsttheUnit.
3) ExteriorAlterations:No Owner may change, alteror remodel the exteriorof
hisUnit without the priorwrittenapproval of the Board of Directorsof the Associationand,
so long as itowns a Unit in the Condominium or untilthe completion of allproposed phases
Page29 of38
of theProject,the Declarant.
4) ExteriorLighting:No Owner may change,add or otherwisealterany exterior
lightingon any Unit without the priorwrittenapproval of the Board of Directorsof the
Associationand, so long as itowns a Unit inthe Condominium or untilthe completion of all
proposed phases of the Project,the Declarant.
5) Maintenance by Association: The Association shalltake allnecessary stepsto ensure thatthe Common Elements and allLandscape Elements do not unnecessarilydeteriorate.The Board of Directorsof the Association shallannually inspectthe Common
Elements and proceed with any necessary maintenance, repairsor replacements.Any lien
holder or representativeof the same, upon writtenrequest,shallhave the righttojoin in the
annual inspectionmade by the Board of Directors and suggest needed repairs and
maintenance necessaryto preservethe securityvalue of the Project.
6) Liens for Alterations: Labor performed and materials fumished and
incorporatedintoa Unit and Common Elements appurtenantto thatUnit with i),the consent
of or at the request of the Unit Owner, his agent,his contractoror subcontractoror ii),
arisingas a resultof Owner's, Owner's Tenant's,Occupant's or Guest's abuse, misuse or
damage to any Common Element, shallbe the basisfor the filingof alien againstthe Unit
or the Unit Owner consenting to or requestingthe same. Each Unit Owner shallindemnifyand hold harmless each of the otherOwners and the Associationfrom liensagainstthe Unit
or againstthe Common Elements for constructionperformed or for labor,materials,services
or otherproductsincorporatedinthe Owner's Unit atsuch Owner's request.
ARTICLE XIV
INSURANCE
1) AssociationInsurance. The insurancepolicy for the Common Elements shall
be purchased by the Association.The insurancepolicyfor each Unit shallbe purchased bythe Owner(s) of each Unit.The Associationwill assess the Unit Owners who receivethe
benefitand use of the Common Elements for such insurance coverage. All insurance
policiesshallbe underwrittenby an insurancecompany authorizedtodo businessinMontana.
a) Named Insureds:The named insuredforthepolicyinsuringtheCommon
Elements acquired by the Association,shallbe the Associationas agent for the Unit
Owners withoutnaming them. The named insuredforthepolicyinsuringeach Unitshall
be the Unit Owner and lienholdersas appropriate.The insurancepolicyforeach Unit,
includingcoverage forliabilityand theUnit Owner's personalproperty,willbe thesole
expense of theUnit Owner.
Page30 of38
b) Copies toMortgagees and Owners: The Associationthereonshallfurnish
one copy of the insurancepolicyforthe Common Elements and of allendorsementsto
each Unit Owner on request.
2) Coverage.
a) Casualty:All Units,Common Elements and PersonalPropertywithinthe
Common Elements upon the Propertyshallbe insuredby the Unit Owners and/orthe
Associationrespectivelyin an amount equaltothe fullinsurablereplacementvalue.All
such insuranceisto be based on currentreplacementvalue,as determined annuallybythe Units'respectiveinsurers,lienholdersand Unit Owners for the Units;and by the
Board, the insurerand any firstlienholder,or theirrepresentatives,for the Common
Elements. Such insurancepoliciesmay be subjectto such deductibleclausesas are
requiredin orderto obtaincoverage at reasonablecosts.Coverages forthe Units and
Common Elements shallbe increasedby theUnit Owners and theBoard respectivelyas
may be necessaryto provide thatthe insuranceproceeds willbe sufficientto cover
replacement,repairsor reconstruction.Such coverage shallaffordprotectionagainst:
i) Loss or damage by fireand otherhazards covered by a standard
extendedcoverage endorsement;and
ii) Specifically,such otherrisksincludingfloodand earthquakeloss
as from time to time shallcustomarilybe covered with respectto buildingssimilarinconstruction,locationand use astheUnitson theland,
b) Public Liability:In such amounts and with such coverage as shallbe
requiredby theBoard of DirectorsoftheAssociation,including,but not limitedto,hired
automobile and non-Owner automobilecoverage,ifapplicable,and with cross-liabilityendorsement tocover liabilitiesof theUnitOwners as a group toa UnitOwner.
c) Errorsor Omissions Insuranceforthe Directors,Officersand Managers,iftheAssociationso desires,inamounts tobe determinedby theBoard.
d) Other Insurance: Such otherinsuranceforthe Common Elements as the
Board of Directorsof the Associationshalldeterminefrom time to time to be desirable
and asmay be requiredby theFederaland Statelaws.
3) Premiums. Insurance premiums for the Common Elements purchased by the
Associationshallbe paid by theAssociationas a Common Expense, exceptthatthe amount of
increasein the premium occasionedby use for otherthan a residence,misuse,occupancy or
abandonment of a Unit or itsappurtenancesor of the Common Elements by a Unit Owner,Owner's Tenant,Occupant or Guest shallbe assessedagainstthatOwner. Not lessthan ten
(10)days priorto thedatewhen a premium isdue,evidenceof such payment shallbe furnished
by theAssociationtoeach lienholderrequestingnotice.
Page31 of38
4) InsuranceTrustee.All insurancepoliciesforthe Common Elements purchased
by the Associationshallbe for the benefitof the Associationand the Unit Owners and their
mortgagees as theirinterestsmay appear. Upon such electionbeing made by the Board of
Directorsof the Association,the Board shallprovidethatallproceeds coveringpropertylosses
shallbe paid to such bank or escrow company in Montana as may be designatedas Insurance
Trusteeby the Board of Directorsof the Association,which trusteeishereinreferredto as the
InsuranceTrustee.The InsuranceTrusteeshallnot be liableforpayment of premiums nor for
the renewal or the sufficiencyof policiesnor forthe failureto collectany insuranceproceeds.The duty of theinsurancetrusteeshallbe to receivesuch proceedsas arepaidand holdthe same
in trustfor the purposes elsewhere statedin thisinstrumentand for the benefitof the Unit
Owners and theirmortgagees inthe followingshares,but which sharesneed not be setforthin
therecordsof theinsuranceTrustee:
a) Unit Owners: A shareforeach Unit Owner, such sharebeingthesame as
thepercentageinterestintheCommon Elements.
b) Mortgagees: Inthe eventa mortgagee endorsement has been issuedas to
a Unit,theshareof the UnitOwner shallbe held inTrustforthemortgagee and the Unit
Owner as theirinterestsmay appear,provided however, thatno mortgagee shallhave
any rightto determine or participatein the determinationas to whether or not any
damaged propertyshallbe reconstructedor repaired,and no mortgagee shallhave any
rightto apply or have applied to the reductionof a mortgage debt any insurance
proceedsexceptdistributionsthereofmade to a Unit Owner and mortgagee pursuantto
theprovisionsofthisDeclaration.
5) Distributionof Proceeds forCommon Elements. Proceeds of insurancepoliciesforthe Common Elements receivedby the InsuranceTrusteeshallbe distributedto or forthe
benefitof thebeneficialOwners inthefollowingmanner:
a) Miscellaneous: Expenses of administration,Insurance Trustee and
constructionor remodeling supervisionshallbe consideredas partof the cost of the
construction,replacementorrepairof theCommon Elements.
b) Reconstructionor Repair: Any balance remaining shallbe used for
reconstructionand repairofthe Common Elements as hereafterprovided.
c) Ifthereisno reconstructionor repairof the Common Elements,the first
proceeds for distributionafterpaying the InsuranceTrustee shallbe made to the first
lienholdersforsuch Units beforedistributiontotheUnit Owners. IfCommon Elements
are destroyedand partiallyrebuiltdistributionshallbe made to Unit Owners or the
InsuranceTrustee,as theirinterestsappear based on the reconstructionof the Common
Elements.
d) Afterdistributionof the insuranceproceeds as setforthin subparagraphs
Page32 of38
a),b) and c) above,any remainingproceedsshallbe distributedtotheUnitsOwner(s) as
such Owner(s) interestshallappear.
e) Certificate:In making distributionto Unit Owners and theirlienholders,the Insurance Trustee may rely upon a certificateof the Association made by its
representativeor Manager as tothenames of theUnitOwners and theirrespectiveshares
ofthedistribution.
6) Distributionof Proceeds forUnits.Proceeds of insurancepoliciesforeach Unit
receivedby the Owner(s) shallbe distributedto or for the benefitof the Owner(s) in the
followingmanner:
a) Miscellaneous: All Unit Owners are requiredto repair,reconstructor
rebuild damaged or destroyed Units. The process of repairing,reconstructingor
rebuildingthe Unit must be commenced withinninety(90)days afterthe Unit has been
damaged or destroyed and must be completed within one (1) year afterthe date of
damage or destructionof the Unit. Expenses of administrationand constructionor
remodeling supervisionshallbe consideredas part of the cost of the construction,
replacementor repairof theUnit,
b) Reconstructionor Repair: Any balance remaining shallbe used for
reconstructionand repairof theUnit,ashereafterprovided.
7) Associationas Agent. The Associationisirrevocablyappointedagent foreach
Unit Owner and foreach holderof a mortgage or otherlienupon a Unit and foreach Owner of
any other interestin the Condominium to adjustallclaims arisingunder insurancepolicies
purchasedby theAssociationand toexecuteand deliverreleasesupon thepayment ofclaims.
8) Benefitto Mortgagees. CertainprovisionsinthisArticleare forthe benefitof
mortgagees or trustindenture beneficiaries,and allsuch provisionsare covenants for the
benefitof any mortgagee of a Unit and may be enforcedby such mortgagee or beneficiary.
9) Reconstructionof Common Elements:
a) Repair afterCasualty: Ifany Common Element of the Condominium
shallbe damaged by casualty,whether or not itshallbe reconstructedor repaired,shallbe determinedinthe followingmanner:
i) Lesser Damage: Ifa Common Element isfound by the Board of
Directorsof the Associationto be tenantableafterthe casualty,the damaged
propertyshallbe repaired.
ii) Unusable. Ifa General Common Element isfound by the Board
of Directorsto be unusable afterthe casualty,the damaged property may be
Page33 of38
reconstructedor rebuiltas provided in the applicableprovisionsof the Unit
Ownership Act.
iii) Election Not to Rebuild. In the event the Owners Association
electsnot to rebuildthe Common Element as herein provided and setforthin
( 70-23-803 MCA, the insurance proceeds shall be used to satisfyany
outstanding liensor encumbrances on the property,and then disbursed as
provided in ( 70-23-805 MCA.
iv) Certificate:The InsuranceTrustee may rely upon a certificateof
the Associationmade by itsPresident or Manager as to the determination
whether or not the damaged propertyisto be reconstructedor rebuilt.
b) Plans and Specifications:Any reconstructionor repairof a General
Common Element must be substantiallyin accordance with the plans and
specificationsfor the originalimprovements, or ifnot,then according to plans and
specificationsapproved by not less than seventy-five percent (75%) of the Unit
Owners. Any such reconstructionnot in accordance with the originalplans and
specificationsmust be setforthin an amendment to theDeclaration.
c) Responsibility:The responsibilityfor reconstructionor repair after
casualtyshallbe the Associationwho shallwork with the InsuranceTrusteeto carryout theprovisionsof thisArticle.
d) Assessments: Ifthe proceeds of insuranceare not sufficientto defraythe estimatedcostsof reconstructionor repairof the Common Element forwhich the
Association isresponsible,or'ifat any time during such reconstructionor repair,or
upon completion of such reconstructionor repair,the funds for the payment of the
coststhereofare insufficient,assessments shallbe made againstallUnit Owners in
sufficientamounts to provide funds to cover the payment of such costs. Such
assessments shallbe in proportion to the Owner's percentage of interestin the
GeneralCommon Elements.
e) Construction Funds: The funds for payment of costs of
reconstruction or repair after casualty, which shall consist of proceeds of
insurance held by the Insurance Trustee and funds collectedby the Association
from assessments against Unit Owners, shallbe disbursed in the sound discretion
of the trustee and according to the contract of reconstructionor repair, which
contractmust have the approval of the Board of the Association involved.
f) Surplus:It shall be presumed that the firstmonies disbursed in
payment of costsof reconstructionand repairshallbe from the insurance proceeds.If there is a balance in a construction fund afterpayment of all costs of the
reconstructionand repairfor which the fund is established,such balanceshallbe
Page34 of38
paid to the Association forthe use and benefitof the Unit Owners.
10) Reconstruction of Units:
a) Repair afterCasualty: Ifany part or allof a Unit shallbe damaged
by casualty,itshallbe reconstructedor repaired.
b) Plans and Specifications:Any reconstruction,repairor rebuildingof
a Unit must be substantiallyin accordance with the plans and specificationsforthe
original improvements, or if not, then according to plans and specifications
approved by the Board of the Association. Any such reconstruction not in
accordance with the originalplans and specificationsmust be set forth in an
amendment to the Declaration.
c) Responsibility: The responsibilityfor reconstructionor repairof a
Unit aftercasualty shall rest solelywith the Owner(s), who shall carry out the
provisions of thisArticle.Ifthe proceeds of insurance are not sufficientto defraythe estimated costs of reconstructionor repairof the Unit for which the Owner(s)is responsible, or if at any time during such reconstruction or repair,or upon
completion of such reconstructionor repair,the funds forthe payment of the costs
thereofare insufficient,the Owner(s) agrees to promptly provide the balanceof the
funds necessary to complete the reconstructionor repair.
ARTICLE XV
REMOVAL OR PARTITION
The Condominium may only be removed from condominium Ownership, and may onlybe partitionedor sold,upon compliance with each oftheconditionshereof:
a) The Board of Directorsof the Associationmust approve the plans of
removal,partitionor sale,exceptfortherightsreservedtothe Declarant.Such approvalshallincludethedetailsof how any partitionor sale,and thedistributionof propertyor
funds shallbe accomplished.
b) The Cityof Bozeman must approve theplansof removal,partitionor sale,
exceptfortherightsreservedtotheDeclarant.
c) The plan of removal,partition,subdivision,abandonment, terminationor
salemust be approved as providedintheMontana Unit Ownership Act. Ifapprovalfor
any of the forgoingisnot requiredby the Unit Ownership Act, then approvalshallbe
requiredfrom atleastseventy-fivepercent(75%) oftheaggregatepercentageinterestsof
Page35 of38
theOwners. Upon obtainingsuch approval,theBoard shallbe empowered to implementand carryout the plan of removal, partition,subdivision,abandonment, terminationor
sale.
d) No Unit may be dividedorsubdividedintoa smallerUnit,nor any portionthereofsoldor otherwisetransferred,exceptas providedherein.
e) The Common Elements of the Condominium shallnot be abandoned,
partitioned,subdivided,encumbered, or soldor transferredwithoutcompliance with all
oftheabove requirements.
ARTICLE XVI
INTERPRETATION
The provisionsof thisDeclarationand of the Bylaws to be promulgated and recorded
herewith,shallbe liberallyconstruedto effectuatethe purposesof thisDeclarationand Bylawsand tocreatea buildingsubjecttoand under theprovisionsof theUnitOwnership Act.
ARTICLE XVII
REMEDIES
All remedies provided for in thisDeclarationand Bylaws shallnot be exclusiveof anyotherremedies thatmay now be,or arehereafter,availabletothe partiesheretoas providedfor
by law. In any actionto enforcethe Governing Documents, the prevailingpartyshallrecover
his/itsattorney'sfeesand courtcosts,includingany attorneyfeesand courtcostson appeal.
ARTICLE XVIII
SEVERABILITY
The provisions hereof shall be deemed independent and severable and the
invalidityor partialinvalidityor unenforceabilityof any one or more provision shallnot
affectthe validityor enforceabilityof any otherprovisionhereof.
Page36 of38
ARTICLE XXIX
MISCELLANEOUS
1) Expenditures. With the exception of expenditures required for emergency
situations,no singleexpenditure or debt in excess of One Thousand Dollars($1,000)maybe made or incurredby the Manager withoutthe priorapprovalof the Board of Directorsof
the Association.The Board of Directorsmay modify the limitationon singleexpenditureswithout amendment to these Declarations.
2) Benefit. Except as otherwise provided herein, this Declaration shall be
binding upon and shallinure to the benefit of the Declarant, the Association and each
Unit Owner, and the heirs,personal representatives,successorsand assignsof each.
3) Serviceof Process. The name and address of the person who will initiallyreceiveserviceof processfor the Condominium untilanother designationis filedof record
shallbe W. Mark Easton, PostOfficeBox 12037,Bozeman, MT 59719.
4) Notice to Lienholder. Upon request firstlienholder will be entitled to
written notificationfrom the Association of any defaultin the performance by an
individualUnit Owner of any obligationunder the Governing Documents that is not
cured withinsixty(60) days.
5) Right to examine books. Every Unit Owner and firstlienholder on everyUnit shallhave the rightto examine the books and recordsof the Owners Association by
giving seven (7) business days prior writtennoticerequesting such examination. Upon
receiptof such notice the party receiving the notice shall schedulea mutually agreeabledate and time during normal business hours for the examination which date shallbe not
more than fifteen(15) calendar days following the receiptof the noticerequesting the
examination.
6) Warranties.The Declarant expresslymakes no warrantiesor representations
concerning the P roperty,the Units,the Declaration,the Bylaws or deeds of conveyance
except as specificallyset forth thereinand no one may rely upon such warranty or
representationnot so specificallyexpressed therein. Estimates of Common Expenses are
deemed accurate,but no warranty or guarantee is made or is intended,nor may one be
reliedupon.
7) Notices. All writingsrequired or permitted to be given or delivered under
this Declaration shallbe deemed to have been given or delivered when deposited in the
United Statesmail or by deliveringitpersonallyto an officerof the Association,Developer,or directlytoa Unit Owner as follows:
Page37 of38
Developer:Islands,LLC, PostOfficeBox 12037,Bozeman, MT 59719
Association:Address as shown in the current recordsof the Associationor ifnone,to
the Developer.
Unit Owner: Address as shown on therecordsof the Association
The Associationor Developer may change itsaddress for the purposes of deliveryof such
writingsby deliveringwrittennoticeof such change to the Unit Owner in the manner above
provided atleastten (10)days priortothe effectivedate ofsuch change.
8) Term of Declaration. The term of the provisionsof thisDeclarationshallbe
perpetual,subjectto deletion,amendment and terminationof any or allof the Declaration
provisions by Declarant or the Association,in accordance with the provisionsof this
Declaration.
IN WITNESS WHEREOF, the Declaranthas caused thisDeclarationto be made and
executed accordingto the provisionsof theMontana Unit Ownership Act, Section70-23-101,
etseq.,MCA.
DECLARANT: ISLANDS, LLC
By: W. Mark aston
Its:AuthorizedAgent
STATE OF MONTANA ):ss
County of Gallatin )
On March 2 ,2017, before me personallyappearedW. Mark Easton,known tome to
be theAuthorizedAgent forIslands,LLC, and acknowledged tome thathe executedthis
document of,forand on behalfofIslands,LLC.
.... Notary PublicfortheStateofMontana
'it .9 PR L HUBER ] (Printname) April&
vtorn . forthe # >man;-, Residingat:
SE Residingat: My commiss1 pires:. . Bozeman, Montana
1 My CommissionExpires:. Septe:15p.91,2020
Page38 of38
Exhibit"A"
Legal Descriptionof the Real Property InitiallyIncluded intheCondominium
Lot 5 of theAmended Platof Lot 1 and Lot 2 of Block 1 and Lot 1 of Block 4 of West
Winds Major SubdivisionPhase 4 and Lot 1 of Block 3 and Lot 1 ofBlock 4 of West Winds
Major SubdivisionPhase 5,locatedinthe Northwest one-quarter of Section2,Township 2
South, Range 5 East,PrincipalMeridian Montana, City of Bozeman, GallatinCounty,
Montana, allaccording to the officialplatthereofon fileand of record in the officeof the
Clerk and Recorder forGallatinCounty, Montana [PlatReference: J-493A]
Exhibit"B"
UnitFloorPlans
[Seeattached]
CERTIFICATE OF REGISTERED ARCHITECT
The undersigned,being a duly RegisteredArchitectin the Stateof Montana,herewithcertifiesthefollowing:
1. That the attachedplans are an accuratecopy of the plans filedwith and
approved by the city and county officershaving jurisdictionto issue
buildingpermitsinBozeman, Montana.
PrintedName: \A 4 %^;4
RegisteredArchitect
Number: $601
STATE OF MONTANA ):ss.
County ofGallatin )
On 3/27/2017,beforeme, a Notary Publicforthe Stateof Montana, personally
appeared L AAM- Bi' 74,was ? ,and acknowledged to me theexecutionof
",""1,, APRIL HUBER. 1, NotaryPubIlc
OTAAty fortheStateofMontana
Residingat:SEAL v Bozeman, Montana
My CommissionExpires: R r tt,September01,2020 (PrintedNote Nam
Notary Publicfor StateofMontana
ResidingAt:
[SEAL] My Commifon Expires: ,20
1
Duplex FloorPlan
-s-a fli.5As JL 111
4 dd I
LivingSpaceSquareFootage:1184.28
GarageSpace SquareFootage:295.74
e
Bradley FloorPlan
r-r F . e-sr r-c ,e-cr1.. suram s
1/r
ar-ar
TotalSquare Feet: 1048
, *
.. i
-- 0
-- 01 ... ..
COTTONWOOD PLAN
FloorPlans
A1.2
1I
PC9a pC'
94V&
I
IIiI
-n
at
COTTONWOOD PLAN
FloorPlans
A1.3
8 1,
32-0"
1, 15'-0" ,, 16'-0"Saddle Plan
- beamforbrgmailabove -
LIVBI [MING If-lx14 "
fM -l"x2'-")000
per/Fz--S'-0"dg.rtoa ove
PO ER6xB'- L UNDRYRM
8 0"x1-6"raL 8
storage 0
2CAR ARAG2P-6IIx23'-7
10x22'reefciepace 10'x2re(dspace]
20
, , 1'-61/2" , 22'-51/2" , ,
I'-0" 32'-0"
FROJECTSQUAREFOOTAGE:
ENTRYLEVEL- 186SF.UPPERLEVEL: 918SF.TOTAL: 1,164SF.
oman. as sp. ENTRY LEVEL PLAN -
1/CII. If/Jail
Saddle Plan , 32-0 ,
lineofexteriorwallbelon
0 BEDROOM BEDROOM 011-l"xl4'-P II-1"xi4'-I" -0
BATH'-6x8'-5
1 .-
BATH10-3"x5'-6"
-etoses=-10'-3"x3'-6"
118 RO1 9-0"
, T-&" , 15-0" , S'-6" ,
If0" 32'-0"
UPPER LEVEL PLAN -
Exhibit"C"
SitePlan
iNTERPARKSTREET
usa vr
LBREEZELANE
WinterParkWest Condominium
ExhibitD
PercentageOwnershipInterests
Unit# Model TotalSq.Ft. Ownership%
1 Bradley 1,048 2.6199%
2 Bradley 1,048 2.6199%
3 Bradley 1,048 2.6199%
4 Cottonwood 1,811 4.5273%
5 Duplex 1,480 3.6998%
6 Duplex 1,480 3.6998%
7 Cottonwood 1,811 4.5273%
8 Bradley 1,048 2.6199%
9 Bradley 1,048 2.6199%
10 Saddle' 2,297 5.7422%
11 Duplex 1,480 3.6998%
12 Duplex 1,480 3.6998%
13 Saddle 2,297 5.7422%
14 Duplex 1,480 3.6998%
15 Duplex 1,480 3.6998%
16 Bradley 1,048 2.6199%
17 Bradley 1,048 2.6199%
18 Saddle 2,297 5.7422%
19 Saddle 2,297 5.7422%
20 Bradley 1,048 2.6199%
21 Duplex 1,480 3.6998%
22 Duplex 1,480 3.6998%
23 Bradley 1,048 2.6199%
24 Duplex 1,480 3.6998%
25 Duplex 1,480 3.6998%
26 Duplex 1,480 3.6998%
27 Duplex 1,480 3.6998%
Totals 40002 100%
Exhibit"E"
CityofBozeman Storm Water RetentionFacilitiesMaintenance Plan
a) Storm water drainagefacilitieswillbe maintained by both the City of
Bozeman and theAssociation.In general,infrastructurelocatedwithintheright-of-wayor publicutilityeasement willbe maintained by the City of Bozeman, the remaininginfrastructurewillbe maintainedby theAssociation.
b) Curb inletsand junctionstructureswillhave a minimum sump depthof 9-
inches. The sumps willcollectlargedebrisrequiringremoval. Curb inletsand storm
manhole locatedwithin the drive areas are within public right-of-waysand/or public
utilityeasementsand willbe maintainedby theCityof Bozeman.
c) To the extentthatthe estheticpond areaswillcollectsedimentover time,
pipe inletand outletareasshallbe kept clearto maintainflow and adequatelydrainthe
ponds. A trashrack isto be providedon the inletof the outletpipe and shouldbe keptclearof sediment and debris. Any sump in the outletstructureshould keep sediment
from cloggingthe orificeand shallbe cleanedperiodically.Pipes connectingthe pondareasshallbe kept clearof debris.The Associationshallbe responsibleformaintainingthe landscaped pond areas,keeping the pipe inletand outletsclear of debris,and
maintaining the outletstructureas described above. Pond overflow paths in the
landscapedareasshallbe kept clearas requiredto maintaindrainageto theoutletchase.
The overflowpathsand landscapedsideof the outletchase willbe the responsibilityof
theAssociation.
d) Before finalstabilizationisreachedforalllandscapeareas,structuresand
pond areaswillneed tobe visuallyinspectedforsedimentand debriscollection.The
areasshallbe inspectedinthespringand everyfew months duringconstructionofthe
Condominium structuresas additionalconstructionrelateddebrisiscollected.Afterfinal
stabilizationof landscapeareasand once Condominium constructioniscomplete,
inspectionsmay be reduced to once inthespring.The Declarantshallbe responsiblefor
sedimentand debriscontrolduringconstruction.Afterconstructioniscomplete,the
maintenanceresponsibilitydescribedhereinshallbe theongoing responsibilityofthe
Associationas areasarelandscapedand stabilized.
Returnto:Berg,Lilly& Tollefsen,P.C.Attn:JeremyJ.leFeberIWestMain St.
Bozeman,MT 59715 g
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BYLAWS
OF
WINTER PARK WEST CONDOMINIUM OWNERS ASSOCIATION
1. Purpose and Application:
These sectionsand paragraphsareand shallbe theBylaws oftheWinter Park West
Condominium Owners Association("Association").These Bylaws and theDeclarationshall,
upon beingrecordedwith theClerkand Recorder of GallatinCounty,Montana, govern and
controltheadministrationoftheWinter Park West Condominium, which islocatedon real
propertymore particularlydescribedon theattachedExhibit"A". These Bylaws supplementthe
DeclarationfortheWinter Park West Condominium, hereinafterreferredtoas "Condominiums"or "Condominium", which Declarationwas recordedintheofficeofClerk and Recorder for
GallatinCounty Montana as Document No. 2575667 ,and isincorporatedand
made a parthereofby reference.AllUnit Owners, theirheirs,successorsand assignsshallhavetherightsand responsibilitiesdescribedintheseBylaws and shallbe subjecttotheprovisionsthereof.
The acquisitionofan ownership interestina Unit intheCondominium signifiesthatthe
Owner accepts,ratifiesand agreesto comply with theseBylaws.
The Associationshallbe incorporatedunder thelaws oftheStateof Montana asa
nonprofit,mutual benefitcorporationastheWinter Park West Condominium Owners
Association,Inc.
2. Membership:
Personsowning a Unit intheWinter Park West Condominium, orowning a unitinanyrealestatetenancyrelationshiprecognizedby theStateof Montana, shallbe a member ofthe
Association.Membership beginsconcurrentlywiththeacquisitionof an ownership interestand
terminatesatthetime such ownership interestisterminated.Such terminationshallnotrelieve
any owner of liabilityforobligationsincurredwhilea member oftheAssociation;and further
Page1of17
membership intheAssociationdoes not inany way negateorimpairany owner'slegalremedies,
righttobringlegalaction,ordefensestoany and allactionsinvolvingtheAssociation,other
Unit Owners, orthemanagement which may arisefrom orbe incidentsof unitownership.
3. Obligations:
Each UnitOwner shallbe obligatedtocomply withtheBylaws, theDeclaration,and the
laws and ordinancesoftheCityof Bozeman, Montana, theCounty of Gallatin,Montana and
Stateof Montana. Such obligationsshallinclude,butnotbe limitedto,thepaying ofassessments
leviedby theAssociation.Failureof any owner to abideby theseBylaws, and allrulesmade
pursuantthereto,theDeclaration,and thelaws and ordinancesoftheCityofBozeman, Montana,
County of Gallatin,Montana, and StateofMontana, shallbe grounds forappropriatelegalaction
by theAssociationorby an aggrievedUnitOwner againstsuch non-complying owner.
4. AssociationMeetings and Voting:
A. Annual Meetings:
There shallbe an annualmeeting oftheUnit Owners oftheAssociationduringeach
calendaryear,commencing intheyeartheAssociationregime isestablished,and shallbe
heldon the2nd Wednesday inFebruaryof each year,or asnearaspossibletothisdate,on such date,time and placeas shallbe setforthinthenoticeofthemeeting,setby the
Board ofDirectorsby noticeashereinprovidedinParagraphD. The firstmeetingofthe
Associationshalltakeplacenotmore thanthree(3)yearsfollowingthedateofrecordingtheDeclarationand theseBylaws, ifnot soonerheld.Untilthefirstmeeting ofthe
Associationtakesplace,theinitialBoard of Directorsshallhave alltherights,powersand dutiesoftheAssociation,as setforthintheDeclarationand Bylaws. Any first
mortgagee on a Unit shallhave therighttohave a representativeattendany annual
meeting.Upon writtenrequest,deliveredtotheAssociation,a firstmortgagee ofa Unit
shallbe given noticeoftheannualmeetingsas providedinParagraphD below.Onlymatterssetforthinthenoticeshallbe votedupon attheannualmeeting which matters
may be setforthingeneralterms.
B. SpecialMeeting:
PursuanttotheseBylaws, theAssociationmay atany time hold specialmeetings.Such
specialmeetingsmay be calledon theinitiativeof theChairpersonoftheBoard of
Directorsor by two-thirdspercent(2/3%) ormore oftheBoard of Directorsofthe
Associationor by a petitionsignedby sixtypercent(60%) oftheUnit Owners inthe
generalcommon areas.
C. Matters to be Raised at SpecialMeeting:
Only matterssetforthinthenoticefora specialmeeting may be votedon atsuch special
meeting.
Page2 of17
D. Notices:
Noticeof allmeetings,annualor special,shallbe mailed or personallydeliveredby the
AssociationtoeveryUnit Owner of recordathisorher lastknown addresson record
withtheSecretaryoftheAssociationatleastten(10)days but notmore thanfifty(50)
days priortothetime forholdingsuch meeting and shallincludethematterstobe voted
upon. Such noticesshallspecifythedate,time,placeand purpose ofthemeeting.The
purposeofa meeting and matterstobe voted on may be statedingeneralterms.A Unit
Owner may authorizeanotherpersonortheBoard of DirectorstovotefortheUnit
Owner by signingand deliveringa writtenproxy totheSecretaryoftheAssociation.The
dateofmailingofa noticeinthemanner providedinthisParagraphorthedateof
personaldeliveryof such noticeby theAssociationshallbe consideredas notice
delivered.Each owner isresponsibleforkeepingtheSecretaryoftheAssociationadvised
ofhisorhercurrentaddress.
E. Ouorum:
No Unit Owners meeting,annualor special,shallbe convened toconductAssociation
businessunlesstherequiredNotice isgivenorwaived and a quorum ispresent,inpersonorby proxy.A quorum shallconsistoftheUnit Owners, includingtheDevelopers'built
and unbuiltunits,presentinpersonorby proxy representingatleastfifty-onepercent
(51%) oftheUnit Owners. At any time,duringany meeting thata quorum isnotpresent,such meeting shallbe adjournedtoanotherdate,time and place,not lessthanfourteen
(14)days nor more thanthirty(30)days from thedatetheoriginalmeeting was called,at
which subsequentmeeting thequorum shallbe atleastthirty-threeand one-thirdpercent
(33.33%) oftheUnitOwners. Ifa matterissubmittedtoa voteby writtenballotthe
ballotsreturnedtotheAssociationshallbe countedtowards a quorum forthematter
votedupon.
F. Proxies.
Every UnitOwner entitledtovoteor executeconsentsshallhave therighttodo so either
inpersonor by an agentor agentsauthorizedby a writtenproxy executedby such Unit
Owner orhis,heror itsduly authorizedagentand filedwith theSecretaryofthe
Association;provided,thatno such proxy shallbe validaftertheexpirationofeleven
(11)months from thedateof itsexecution.The transferof titletoany Unit shallvoidany
outstandingproxy pertainingtothevotingrightsofthemembership interestappurtenanttothatUnit.Any such form of proxy orwrittenballotshallaffordtheopportunityto
specifya choicebetween approvaland disapprovalof each matteror group ofmattersto
be actedupon,exceptthata candidateforelectiontotheBoard need notbe named ina
proxy orwrittenballot.The proxy or writtenballotshallprovidethat,where theMember
specifiesa choice,thevoteshallbe castinaccordancewith thatchoice.The proxy shall
alsoidentifythepersonor personsauthorizedtoexercisethepmxy and thelengthoftime
itwillbe valid.
Page3 of17
G. Presumption of Notice.
A recitationintheminutes ofany Associationmeeting thatnoticeof such meeting had
been properlygivenshallbe prima facieevidencethatsuch noticewas so given.
H. Consent ofAbsentees/ Waiver of Notice.
The transactionsof any meeting ofAssociationmembers, eitherannualor special,however calledand noticed,shallbe asvalidasthough had ata meeting dulyheldafter
regularcalland notice,ifa quorum be presenteitherinpersonorby proxy and if,either
beforeorafterthemeeting,each ofthe Directorsand/orOwners entitledtovote,not
presentinpersonor by proxy,signsa writtenwaiver of notice,ora consenttotheholdingof such meeting oran approvaloftheminutesthereof.All such waivers,consentsor
approvalsshallbe filedwith thecorporaterecordsormade a partoftheminutesofthe
meeting.
I. Action Without Meeting.
Any action,which under theprovisionsofMontana laws may be takenata meeting of
theAssociation,may be takenwithouta meeting ifdone incompliancewiththe
provisionsofMontana laws.
J. Written Ballot.
Any matterthatmay be voted upon by theUnit Owners may be submittedtotheUnit
Owners by writtenballot.A voteby writtenballotmust be authorizedby a majorityof
theBoard ofDirectors.
A writtenballotmust:
a) setfortheach proposed action;and
b) providean opportunitytovoteforor againsteach proposedaction.
Approval by writtenballotpursuanttothissectionisvalidwhen:
a) thenumber of votescastby ballotequalsor exceedsthequorum requiredtobe presentata meeting authorizingtheaction;and
b) thenumber ofapprovalsequalsor exceeds thenumber ofvotesthatwould
be requiredtoapprove thematterata meeting atwhich thetotalnumber of votes
castwas thesame asthenumber ofvotescastby ballot.
c) thenumber ofvotesequalorexceed thenumber of voteswhich are
requiredtoapprove a matterwithouta meeting.
Page4 of17
All solicitationsforvotesby writtenballotmust:
a) indicatethenumber ofresponsesneeded tomeet thequorum
requirements;
b) statethepercentageofapprovalsnecessarytoapprove each matter,other
thanelectionofdirectors;and
c) specifythetime by which a ballotmust be receivedby theAssociationin
ordertobe counted.
A writtenballotmay notbe revoked afteritiscounted.
5. Voting Interest:
The totalaggregatevotinginterestoftheAssociationshallbe one hundred percent
(100%). Unit Owners shallhave one (1)voteperUnit. Except as may be otherwiseprovidedin
theDeclarationortheseBylaws, votingupon mattersaffectingcommon elementsand
assessmentsforcommon expenses shallonlybe by Unit Owners having an interestinsuch
common elements.Whenever a quorum ispresentata meeting oftheAssociationa majorityof
thosepresentmay do any and allactstheyareempowered todo,unlessspecificprovisionsof
theseBylaws, theDeclarationorthelaws oftheStateofMontana directotherwise.
6. Board ofDirectors:
A. The businessand affairsoftheCondominiums shallbe governedby a Board of
Directorselectedfrom among theUnit Owners providedhowever untiltheDeclarant,Islands,
LLC, transferstitletoninetypercent(90%) oftheUnits,(builtor unbuilt)tothirdparty
purchasers,theDeclarantand itssuccessorsand assignsshallhave theright,butnotthe
obligationtoappointand replacetwo-thirds(2/3's)oftheBoard ofDirectors.The Declarantmay
assignitsrighttoitssuccessorininterest.The Declarantmay appointUnitOwners, or its
employees,officers,partners,or agentstotheBoard ofDirectors,pursuanttothissection.The
number oftheBoard ofDirectorsshallbe setby theUnit Owners ateach annualmeeting and
shallnotbe lessthanthree(3)ormore thanseven (7).The Unit Owners shallnominate and elect
thedirectors,subjecttoDeclarant'srighttoappointtwo-thirds(2/3's)oftheDirectors.Such
Board shallhave allofthepowers and responsibilitiesattendanttothegeneraladministrationand
controloftheCondominium. Additionally,theBoard shallhave theauthoritynecessarytocarryintoeffectthepowers and dutiesspecifiedby theseBylaws and intheDeclarationforthe
Condominiums. The manner ofelectionoftheBoard ofDirectorsshallbe as follows:
Firstthenumber of personson theBoard of Directorsshallbe setby a
majorityvoteoftheUnit Owners present,inperson orby proxy,ata dulynoticed
meetingatwhich a quorum ispresent.Next thecategoriesof residentand
nonresidentCondominium owners shallbe established.Nominations for
vacancieson theBoard willbe acceptedfrom any oftheUnitOwners presentat
themeeting oftheAssociation,provideda nominee fora Board member must be
Page5 of17
a UnitOwner or a personwho has an ownership interestor isa partner,employee,or authorizedagentinan entityowning a unit.Voting willbe non-cumulativewitheach Associationmember having one (1)voteperunit.The personsnominated forthevacantDirectorpositionsshallbe voted upon by categorybytheUnit Owners presentatthemeeting inperson,by proxy,or by writtenballot,each castingtheirvoteforone (1)nominee foreach vacantposition.The
nominees receivingthemost votesineach categoryshallbe theelectedDirectors.
Except ashereinprovided,Board members shallbe electedfora three(3)yearterm.Board members shallservefortheterm electedforor untiltheirsuccessors
areelected.The terms of theDirectorsshallbe staggeredso thatapproximatelyone (1)ofthe Directors'terms shallterminateeach yearafterthethirdannual
meeting.The initialBoard shallconsistofthree(3)personsappointedby the
Declarant,which Board shallservethree(3)yearsuntilthe2n"meetingofthe
Association.At the2nd,3rd,4 and each succeedingannualmeeting atleastone
(1)new member shallbe electedtotheBoard fora two (2)yearterm tomaintain
thestaggeredterms.
B. Any actionrequiredor permittedtobe takenby theBoard may be takenwithouta
meeting ifallmembers oftheBoard, individuallyorcollectively,consentinwritingtothat
action.Such actionby writtenconsentshallhave thesame forceand effectasa unanimous vote
oftheBoard.Such writtenconsentor consentsshallbe filedwith theminutesoftheproceedingsoftheBoard.An explanationoftheactiontobe takenor actuallytakenby theBoard shallbe
giventothemembers oftheAssociationwithinten(10)businessdays afterallwrittenconsents
have been obtained.Said explanationshallbe given inthesame manner asprovidedinSectionD
ofthisParagraph4 forthegivingofnoticeofregularmeetingsoftheBoard.Failum togivesuch
noticeshallnotrendertheactiontobe takenor actuallytakeninvalid.
7. Officersof the Board of Directors:
A. The Board shallelectfrom itsmembership a Chairperson,Secretary,and
Treasurer.The Secretaryand Treasurerpositionmay be combined. The Chairpersonand
Secretarymust be Board members. The Treasurerneed notbe Board member ora UnitOwner.
The Board may alsoelectsuch otherofficersas itdeems advisableincludinga vice-chairmanand assistantsecretary.
B. Duties.The dutiesoftheofficersareas follows:
Chairperson
(i) The Chairpersonshallbe thechiefexecutiveofficerofthe Associationand
shall,subjecttothecontroloftheBoard,have generalsupervision,directionand controlofthe
businessand officersoftheAssociation.He or she shallpresideatallmeetingsof theMembers
and atallmeetingsof theBoard.He or she shallbe ex-officioa member ofallstanding
committees,includingtheexecutivecommittee,ifany,and shallhave thegeneralpowers and
dutiesof management usuallyvestedintheofficeofpresidentof a corporation,and shallhave
such otherpowers and dutiesas may be prescribedby theBoard orby theBylaws.
Page6 of17
Secretary
(ii) The Secretaryshallrecordthevotesand keep theminutes of allmeetingsand proceedingsoftheBoard and ofthemembers; keep thecorporatesealof theAssociationand
affixiton allpapersrequiringsaidseal;servenoticeof meetingsoftheBoard and ofthe
members; keep appropriatecurrentrecordsshowing themembers togetherwiththeiraddresses;and shallperform such otherdutiesasrequiredby theBoard.
Treasurer
(iii) The Treasurershallreceiveand depositinappropriatebank accountsall
monies oftheAssociationand shalldisbursesuch fundsas directedby resolutionoftheBoard;
keep properbooks ofaccount;attherequestoftheBoard or asmay otherwisebe requiredbytheseBylaws, causean annualreview oftheAssociation'sbooks tobe made by a publicaccountantatthecompletionof each fiscalyear;and shallpreparean annualbudgetand a
statementof income and expendituresas requiredby theseBylaws.
(iv) No officerofthe Associationshallreceivecompensation forhisor her
servicesperformed intheconduct ofthebusinessoftheAssociationexceptupon thevoteor
writtenconsentof a majorityoftheUnitOwners oftheAssociation.
8. Powers and Duties of the Board ofDirectors:
The Board ofDirectorsshallhave thefollowingpowers and duties:
A. To callannualmeetings,and specialmeetingsasnecessary,oftheAssociation
and givedue noticethereof.
B. To conductelectionsoftheBoard ofDirectors.
C. To enforcetheprovisionsoftheDeclarationand Bylaws oftheCondominiums by
appropriateaction.
D. To promulgateand adoptrulesand regulationsfortheconduct,behaviorand use
ofthecommon elementsand fortheoccupancy oftheunitsso astonot interfere
withthepeace and quietof alltheresidents.InthisconnectiontheBoard may
delegateand establishparkingareasor spacesfortheexclusiveuse oftheUnit
Owners and theirguestsand residents.Subsequent totheinitialrulesand
regulationsestablishedby Declarant,such rulesand regulationsmust be ratified
by seventy-fivepercent(75%) oftheof votesoftheUnitOwners, based upon one
(1)voteper unit,presentinperson orby proxy,atregularorspecialmeetings of
theAssociation,orratifiedby seventy-fivepercent(75%) ofsuch voteoftheUnit
Owners by writtenballotmailed or personallydeliveredtoeach UnitOwner at
theirlastknown addess on therecordoftheSecretaryoftheAssociation.
Page7 of17
m
E. To provideforthemanagement oftheCondominium by hiringor contractingwith
suitableand capablemanagement and personnelfortheday-to-dayoperation,maintenance,upkeep and repairofthegeneralcommon elements.To enterintoa
Management Agreement with a managing agent.
F. To levyassessmentsas allowed by theDeclaration,theseBylaws and theStateof
Montana, and toprovideforthecollection,expenditureand accountingof said
assessments.Thisduty isspecificallysubjecttotheprovisionsofArticleVII (5)oftheDeclarationwith regardtoassessmentstobe paidby theDeveloper.
G. To pay fortheexpensesor managing agentfees,forthemaintenance,repairand
upkeep ofthecommon elementsand toapprove payment vouchers,eitherat
regularor specialmeetings.To providefora reserveas shallbe reasonablefor
repairand replacementofthecommon elementsand foremergencies.
H. To delegateauthoritytotheofficers,themanager, ormanaging agent,forthe
conductof certainof theCondominiums businessand tocarryoutthedutiesand
powers oftheBoard.However, such authorityshallbe preciselydefmed with
ultimateresponsibilityatalltimesresidingintheBoard of Directors.
I. To providea means of hearinggrievancesand foreclosureproceedingsof Unit
Owners and respondingappropriatelythereto.
J. To meet atregularlyscheduledtimesand hold such meetingsopen toallUnit
Owners ortheiragents,subjecttotherighttotakeactionwithouta meeting,as
providedinParagraph6 (B) oftheseBylaws.
K. To prepareorhave preparedan annualbudget fortheCondominiums inorderto
determineand allocatetheamount oftheassessmentspayableby theUnit
Owners, tomeet theadministrativeexpensesand feesand thecommon expensesand reservesand allocateand assesssuch chargesamong theUnitOwners
accordingtotheirrespectiveinterestsinthecommon elements,and tosubmit
such budget totheUnit Owners on or beforethedateoftheannualmeeting.
L. To levyand collectspecialassessmentswhenever, intheopinionoftheBoard,it
isnecessarytodo so inordertomeet increasedadministrative,operatingor
maintenanceexpenses,costsor additionalcapitalexpenses,orbecauseof
emergencies.
M. To takeappropriatelegalactiontocollectany delinquentassessments,paymentsoramounts due from Unit Owners or from any personor personsowing money to
theCondominium, and tolevya penaltyand tochargeintereston unpaid amounts
due and owing and totakeappropriatelegalactiontoenforce,protectand
preservetheAssociation'slegalrightsand theCondominium propertyand
interests.
Page8 of17
N. To defend inthename oftheAssociationany and alllawsuitswherein the
AssociationoralltheUnit Owners arepartydefendants.
O. To enterintocontractswith or engage thirdpartiestocarryoutthedutiesherein
setforth,forand on behalfoftheBoard and theAssociation,includingthe
authoritytohire,or authorizethemanaging agentor manager tohire,accountants
tokeep thebooks and records.
P. To establisha bank accountfortheAssociationand tokeep thereinallofthe
fundsoftheAssociation.Withdrawal ofmonies from such accountsshallonlybe
by checks signedby such personsor agentsas areauthorizedby theBoard of
Directors.
Q. Ingeneral,toactforand carryon theadministrationand affairsoftheAssociation
asauthorizedand prescribedby theDeclarationand todo allthosethingswhich
arenecessaryand reasonableinordertocarryoutthegovernance and operationof
theCondominium.
R. To make orprovideforrepairs,alterationsand improvements tothecommon
elementsconsistentwith properlymanaging theCondominium and inthebest
interestoftheUnit Owners, and allmortgagees.
S. To arrange,keep,maintainand renew theinsurancefortheAssociationas set
forthintheDeclaration,and toarrange,keep,maintainand renew Errorsand
Omissions InsurancefortheDirectorsand/orofficers.
T. To carryoutthedutiesand responsibilitiesoftheBoard inallothermattersas
may be authorized,needed or requiredby theDeclaration.
U. To enterintoagreementswith utilitycompanies and serviceprovidersasmay be
reasonableand necessarytoprovideutilitiesand servicestotheUnitOwners'
Association.
V. To furnish,ortocause an appropriateofficertofurnish,upon demand by any
person,a certificatesignedby an officeroftheAssociationsettingforthwhether
theassessmentson a specifiedUnit have been paid.A properlyexecuted
certificateoftheAssociationastothestatusofassessmentson a Unitisbinding
upon theAssociationas ofthedateof itsissuance.
W. To restoreorreplaceany or allof thebuildings,structuresor improvements inor
on any common areaatany time and from time totime astheBoard maydeterminedesirableornecessary,and tomake capitalexpendituresforand on
behalfoftheAssociation.
9. Books and Records.
Page9 of17
The books,minutesofmeetings oftheAssociationand oftheBoard and committees,
records,membership register(includingmailingaddressesand telephonenumbers),and papersoftheAssociationshallatalltimes,duringreasonablebusinesshours,be subjecttoinspectionby
any Unit Owner orhisor herduly appointedrepresentative,and by theholderofany first
mortgage encumbering a Unit.The Declaration,theArticlesof Incorporationand theBylaws of
theAssociationshallbe availableforinspectionby any Unit Owner attheprincipalofficeofthe
Association,where copiesmay be purchasedata reasonablecost.The Board shallestablish
reasonableruleswith respectto:
A. Noticetobe giventothecustodianoftherecordsby theUnit Owner desiringto
make theinspection;
B. Hours and days oftheweek when such an inspectionmay be made; and
C. Payment ofthecostsof reproducingcopiesof documents requestedby a Unit
Owner.
Every DirectoroftheAssociationshallhave theabsoluterightatany reasonable
time to inspectallbooks,recordsand documents oftheAssociation.The rightof inspectionby a
Directorshallincludetheright,athisor herexpense,tomake extractsand copiesofdocuments.
10. Indemnificationof Directorsand Officers:
The Associationshallindemnify and hold harmlesstheDirectorsand Officersfrom all
claims,judgments,costs,expenses and attorney'sfeesarisingas a resultof theactsoromissions
oftheDirectorsorOncers inperformance of theirdutiesand responsibilitiessetforthinthe
Declarationand Bylaws or asa resultof any legalproceedingagainsttheAssociationand/orthe
Directorsand Officers.This indemnificationand holdharmlessprovisionshallnotbe applicableforactsoromissionsoftheDirectorsor Officersarisingfrom grossnegligence,criminalconduct
or intentionalviolationsoftheirfiduciarydutiesand responsibilitiescausingmonetary losstothe
Association.The Board of Directorsand Officersmay acquireerrorsand omissioninsurancefor
theiractsand omissionsand theAssociationshallpay thepremiums thereforeand assessthe
Unit Owners forthecostthereof.This indemnityclauseshallnot relievetheinsurancecompanyforclaimsarisingoutof insuredactsand/oromissionsoftheDirectorsand Officers.
11. Vacancies and Removal:
Should a vacancy occur on theBoard of Directors,theBoard, subjecttotheexceptiondescribedbelow, shallappointa member oftheAssociationtoservefortheunexpiredterm.
Such vacancy shallbe filledno laterthanthenextBoard meeting afterwhich itoccurs.Should
such vacancy notbe filledby theBoard, atthenextregularmeeting oftheAssociation,the
Associationmay fillsuch vacancy.
At any annualor specialmeeting of theAssociation,or by writtenballotorby a
combinationthereof,any member oftheBoard may be removed priortotheend ofhisorher
otherterm by sixtypercent(60%) of thetotalvotesoftheUnit Owners. Such vacancy shallbe
Page10of17
filledby a voteofthe Unit Owners atsuch meeting.Ifthevacancy isnot filledby theUnit
Owners theBoard shallappointa member tofillthevacancy.Such removal mattermust be
announced inthenoticeofan annualor specialmeeting or inthewrittenballot.
Notwithstandinganythinghereintothecontrary,theDeclarantreservesitsrightto
appointtwo-thirds(2/3)oftheDirectorsas longas itowns any unbuiltunitsor seventy-five
percent(75%) ormore oftheunits.
12. Compensation:
No member oftheBoard of Directorsshallreceiveany compensation foractingas such.
Nothing herein,however, shallbe construedtoprecludecompensation beingpaidtoDirectors,
Managers ormanaging agentswho arehiredorengaged by theBoard ofDirectorstodo
Associationwork orprovideservices.A member oftheBoard ofDirectorsmay be a Manager or
managing agent.A member oftheBoard ofDirectorsmay be reimbursedhisorheractual
expenses iftheexpense isauthorizedby a majorityoftheBoard ofDirectors.The Board of
Directorsmay pay compensation toitsSecretary/Treasurerforrecordkeepingand bookkeeping.
13. Manager and Managine Agent:
The Board ofDirectorsmay engage a managing agentas setforthintheDeclaration.The
Board may alsoengage a Manager forserviceor supervisionnotprovidedby themanaging
agent.The Board may delegatesuch dutiestotheManager as itdeterminesappropriate.The
Board shalldeterminetheterms,conditionsand compensation oftheManager. Ifrequiredby the
Board,theManager shallbe bonded. IftheBoard does not engage a Manager, theBoard shallact
asmanager. The Board may have theManager maintainrecordsofthefinancialaffairsofthe
Condominiums. Such recordsshalldetailallassessmentsmade by theAssociationand thestatus
ofpayments ofsaidassessmentsby allUnitOwners. All functionsand dutieshereinprovidedfor
theManager may be performed by theBoard ortheChairperson,or otherBoard member, ifthe
Board shoulddecidenottohave a separatemanager.
A. Accounts:
The receiptsand expendituresoftheAssociationshallbe under thecontroland
directionoftheBoard of Directorsand shallbe classifiedasappropriateand mayincludea provisionfor:
(1) Current Expenses:
Shallincludeallreceiptsand expenditurestobe made withintheyearforwhich
thebudget ismade, includinga reasonableallowanceforcontingenciesand
working funds,exceptexpenditureschargeabletoreserveortobetterments.Anybalanceinthisfund attheend oftheyearshallbe appliedtoreducethe
assessmentsforcurrentexpensesforthesucceedingyear,
(2) Reserve forMaintenance Repair or Replacement:
Page11of17
Shallincludefundsformaintenancerepairorreplacementofcommon elements
requiredbecause of damage, depreciationor obsolescence,
(3) Betterments:
Which shallincludethefundstobe used forcapitalexpendituresforadditional
improvements or additionalpersonalpropertywhich shallbe a partofthe
common elements.
B. B_udgg:
Each calendaryeartheBoard shallprepareand submit totheUnit Owners a
budget,which must be approved and adopted by a majorityoftheBoard.The
budget shallincludethepastfiscalyearreceiptsand expenditures,theexpected
receiptsand expendituresforthecoming fiscalyear,includingestimatedfunds
requiredtodefraythegeneralcommon and limitedcommon expensesreserveand
betterments,and toprovideand maintainfundsfortheoperationofthe
Associationand enforcementoftheDeclarationand Bylaws, accordingtogood
accountingpractices.The Board may prepareseparatebudgetsforthelimited
common expenses fortheexpensesassociatedwith common elementsapplicable
onlytothe separateCondominiums.
A copy oftheproposed budget shallbe transmittedtoeach UnitOwner thirty(30)
days beforetheannualor specialmeeting oftheAssociationforwhich thebudgetismade. The budget shallbe receivedby themembership and adoptedby a
majorityofthevotesof theUnitOwner presentor representedby proxy or voting
by writtenballot.The budgetmay be amended by a majorityofthevotespresentata meeting orrepresentedby proxy.Ifthebudget isamended, a copy ofthe
amended budget shallbe furnishedtoeach Unit Owner and approvedby a
majorityoftheUnitOwners votingthereoneitherata meeting orby written
ballot.A budget must be adoptedby theUnit Owners attheannualmeeting orat
such othermeeting asmay be calledforthispurpose.
C. FinancialReport:
Afinancialreportofthereceiptsand disbursementsand balanceof accountsof
theAssociationshallbe made annuallyby theBoard ofDirectorsand a copy of
thereportshallbe furnishedtoeach Unit Owner beforeor attheannualmeeting.
D. Board as Manager:
IftheBoard chooses nottoappointa Manager, alloftheabove functionsmay be
performed by one oftheBoard members towhom thejob isdelegatedby a
majorityoftheBoard of Directors.
Page12of17
E. Manarer's Authority:
The Manager shallgenerallyoperateand manage theCondominium forand on
behalfoftheUnitOwners and shallhave such otherpowers and authorityasthe
Board may delegate.
14. Amendment of Bylaws:
Except as otherwiseprovidedintheDeclarationand herein,theseBylaws may be
amended atany regularor specialmeeting of theAssociationprovidingthata copy ofthe
proposedrevisionisfirstapproved by a majorityof theDirectorsand includedinthenoticeof
such meeting.Upon a voteof sixty-sixand two-thirdspercent(66 and 2/3%) ofthevotesofthe
UnitOwners presentinpersonor by proxy ata duly noticedmeeting,theamendment shallbe
declaredadopted.The Bylaws may alsobe amended by sixty-sixand two-thirdspercent(66 and
2/3%) favorablevoteof alltheUnit Owners votingon theamendment by writtenballotmailed or
personallydeliveredtotheUnit Owners and returnedtotheAssociation.The Secretaryshall,as
soon aspracticableafteradoptionofan amendment, preparea copy oftheBylaws, asamended,forcertificationby theChairpersonand SecretaryoftheAssociation.Such amended Bylawsshallthenbe certifiedby theChairpersonor Vice Chairpersonofthe Board orby theSecretaryasduly adoptedinaccordancewith theBylaws and shallbe recordedintheofficeoftheClerk
and Recorder ofGallatinCounty, Montana. Bylaws, as amended, shallbecome effectiveatthe
time ofsuch recording.Within sixty(60)days afterrecordingof an amendment a copy ofthe
recordedamendment shallbe furnishedtoeach Unit Owner.
NotwithstandingtheprovisionsofthisParagraph,theDeclarant'swrittenapprovalof anyamendment must be obtainedbeforetheamendment iseffectiveuntiltheDeclaranthas
transferredtitletoseventy-fivepercent(75%) oftheunits(builtor unbuilt).
15. Assessments:
Each Unit Owner shallbe assessedforgeneralcommon expensesand foradministrative
expensesand feesand otherexpensesand feessetforthintheadoptedbudgetinaccordancewith
each UnitOwner's percentageof interestinthegeneralcommon elements,which shallbe
allocated,set,levied,collectedand paidaccordingtotheterms and undertheproceduresmore
particularlysetforthintheDeclaration.The allocationand amount ofassessmentsdescribed
above and any otherassessmentsallowedby theseBylaws, theDeclarationand by theStateof
Montana shallbe setand fixedby theBoard of Directorsprovided,however,thetotalamount of
assessmentsshallnot exceed thetotalbudgetapproved by theUnitOwners, exceptas setforthin
theDeclarationor theseBylaws, unlessan amended budget isapproved by theaffectedUnit
Owners.
Assessments may be collectedmonthly,quarterlyorannuallyastheDirectorsdeem tobe
inthebestinterestoftheAssociation.
Page13of17
Notice of each Owner's assessments,showing theUnit Owner's regularand/orspecialassessmentsshallbe mailedtosaidowner athisorheraddressofrecordand shallbe due and
payableinfullwithinthirty(30)days aftermailing.On the31' day followingthedue date,assessmentsshallbe considend delinquent.Inthei:ventthatan Owner remainsdelinquentfora
periodofmore thanten(1 0)days,theAssociationshallbe empowered toplacealienon the
Property,which shallbe superiortoallotherliensotherthantheliensand taxliensand thelien
ofthefirstmortgage holder.Such lienshallbe inwritingand shallsetforththeunpaid
assessment,theamount of theaccruedinterestand latechargesthereon,thename oftheOwner
oftheunit,a descriptionoftheunit,and any otherinformationdeemed necessaryby theBoard.
The noticeshallbe ina form suitableforrecordingintheofficeoftheClerkand Recorder of
GallatinCounty, Montana.
Any lienimposed inaccordancewith thisarticleshallattachfrom thedateofrecording,and thelienmay be enforcedby theforeclosureofthedefaultingmembership interestinthe
subjectunitor units,ina likemanner as a mortgage on realproperty.Intheeventthatany such
Court actionisfiled,theAssociationshallbe allowedtorecoverfrom theUnit Owner thecourt
costs,expenses,an attorney'sfeesincurredinfilingthelienand/orinmaintainingtheCourt
action.
16. Notices-Damages:
The Associationshallnotifyallfirstmortgagees inwritingof any casualtylosstothe
Common Elements ifsuch lossortakingexceedsthesum of $5,000.00.
17. Due Process by Association:
Intheeventan actionistakenby theAssociationagainstany individualUnitOwner to
enfome an assessment,any partoftheBylaws or Declaration,orany ruleoragulationproperly
adoptedby theAssociation,saidUnit Owner shallbe affordedtheprotectionof due processwhich includes,but isnot limitedto,thefollowing:
A. Adequate noticeinwritingof any defaultwith a reasonabletimetocurethe
default.
B. IftheUnit Owner conteststheallegationsof default,such UnitOwner shallhave
thefollowingoptions:
(1) An opportunitytodefend himselfor herselfagainstany allegationsof
defaultbeforetheBoard ofDirectors.
(2) An opportunitytopresentwitnessesand cross-examineopposingwitnesses.
(3) An opportunitytoreceivea formalhearingbeforean impartialhearingofficerormediator.
(4) To findingsof factby thehearingofficeror mediatorinaccordancewith
theevidencepresented.
Page14of17
C. To a penaltyproportionatetotheoffense,such assuspensionof votingrights,
suspensionoftherighttouse common elementswhich areamenities,suspensionofthe righttobe electedas a Directororofficerortocontinueasa Directoror
officer,or a masonable fineor latefeeimposed by theBoard ofDirectors,or in
theeventof an actionforunpaid assessments,thecostsof collection,interestand
reasonableattorney'sfees.Noticeof such actionshallbe senttotheOwner, in
writing,by theBoard of Directorssettingforththenatureoftheviolationor
noncompliance and providingfora time certainwhen theOwner may appearbefom theBoard torespond.
18. The Declaration:
The Declaranthas filedalongwith theseBylaws a Declarationwhereby thepropertyknown astheWinter Park West Condominium was submittedunder theUnit Ownership Act,Montana Code Annotated,Title70,Chapter23.The Declarationand any amendments thereto
and theseBylaws shallgovern theacts,powers,dutiesand responsibilitiesoftheUnitOwners'
and Association;and intheeventtheseBylaws and thesaidDeclarationareinconflict,the
Declarationshallprevailiftheconflictisirreconcilable.
Each UnitOwner isadvisedthatuntiltheDeclaranthas soldortransferredninetypercent
(90%) oftheunitstothirdparties,or so longas itowns an unsoldorunbuiltunit,theDeclarant
may have controloftheAssociationthrough itsrighthereintoappointtwo-thirds(2/3's)ofthe
Board ofDirectors.
The definitionsofterms setforthintheDeclarationshallbe applicablethroughoutthese
Bylaws and theinterpretationthereof.
By virtueoftheseBylaws and theDeclaration,each UnitOwner has therightto
membership intheAssociationofUnit Owners and may be electedtotheBoard ofDirectorsof
theCondominiums.
[SignaturePage toFollow]
Page15of17
IN WITNESS WHEREOF, theundersignedbeingtheDeclarantand,herebyappointsthe
followingpersonstoserveon theBoard of Directorsand toserveasofficersuntilthefirstannual
meeting oftheAssociation,to-wit:
Name Office Address
1. W. Mark Easton, Chairperson, PostOfficeBox 11078
Bozeman, MT 59719
2. TrishaEaston, Secretary, PostOfficeBox 11078
Bozeman, MT 59719
3. Tom Huber, Treasurer, PostOfficeBox 11078
Bozeman, MT 59719
The undersigned,Declarantand Owner ofalltheUnits,hereby declaresand affirmsthe
adoptionoftheforegoingBylaws on theA day of ,2017.
DECLARANT: ISLANDS, LLC
By:Mark Easton
Its:AuthorizedAgentSTATE OF MONTANA )
:ss
County ofGallatin )
On the day ofFebruary 2017, beforeme, personallyappeared W. Mark Easton,known tome tobe theAuthorizedAgent forIslands,LLC, and acknowledged tome thathe
executedthisdocument of,forand on behalfof Islands,LLC.
No a PuUlic ortheStatefontanaPrintedName:
APRIL HUBER Residingat:
OTA4; forthe tt ntang My COM lonExpires:-+- - Residingat:.SEAL sozeman, Montana
My CommissionExpires:September01,2020
Page16of17
Exhibit"A"
Legal Descriptionof the Real Property InitiallyIncluded intheCondominium
Lot 5 of the Amended Platof Lot 1 and Lot 2 of Block 1 and Lot 1 of Block 4 ofWest
Winds Major SubdivisionPhase 4 and Lot 1 of Block 3 and Lot 1 of Block 4 ofWest Winds
Major SubdivisionPhase 5,locatedin the Northwest one-quarter of Section2,Township 2
South, Range 5 East,PrincipalMeridian Montana, City of Bozeman, GallatinCounty,
Montana, allaccording tothe officialplatthereofon fileand of record inthe officeof the
Clerk and Recorder forGallatinCounty, Montana [PlatReference: J-493A]
Page17of17
RETURNDOCUMENT TO:AmericanLandTitle
Compdny
Jeremy leFeber
Berg,Ully& Tollefsen,P.C.1 West MainSt.
Bozeman, MT 59715
2579384Page:1 of 8 05/101201709;B6:37AM Fee $56.00CharlotteMills- GallatinCounty,MT MISC
lillllllllllllilllllllllllIllllllllifillllllllllillllllllfillllllllilllllllllllilll|
FIRST AMENDMENT AND FIRST SUPPLEMENT TO
DECLARATION FOR WINTER PARK WEST CONDOMINIUM
RECITALS
A. Declarant previously fileda Declaration for the Winter Park West Condominium
in the officeof the GallatinCounty Clerk and Recorder as Document No. 2575667 (the
"Declaration").
B. Declarant now desires to amend and supplement the Declarationas follows:
(i) Provide forPhase 1 and Phase 2 constructionof the Units;
(ii) Provide additionalmortgagee noticeprovisions;
(iii) Update the siteplan to show the finallayout,orientationand type of Units
inboth Phase 1 and Phase 2;
(iv) Update each Unit'spercentage of general common elements based on the
actual Units constructed in Phase 1;and
(v) Provide as-builtcertificationsforallUnits inPhase 1,being Units 1-12, 14-
17 and 20-23, 26 and 27.
NOW, THEREFORE, the Declaration ishereby amended and supplemented by revisingand supplementing the followingprovisions:
1. Article III,paragraph 1) of the Declaration shall be amended to read as
follows:
1) Description: The Property which is by this Declaration submitted and
subject to the Montana Unit Ownership Act isdescribed as follows:
Page 1 of5
See ExhibitA attached hereto and incorporated here by thisreference
This Condominium shall be builtin two (2) Phases. Phase one (1) of the
Condominium shallconsist of the twenty-four (24) attached and detached Units,beingUnits 1-12, 14-17 and 20-23, 26 and 27 as depicted on the attached ExhibitC-1. Phase
two (2) of the Condominium shall consist of three (3) attached and detached Units,
being Units 13, 18, 19, 24 and 25 as depicted on the attached Exhibit C-1. The
provisions of this Declaration and the Bylaws shall be construed to be covenants
running with the land and shallinclude every Unit and shallbe binding upon the Unit
Owners, their heirs, personal representatives and assigns for as long as this
Declaration and Bylaws are ineffect.
2. Article III,paragraph 4) of the Declaration shall be amended to read asfollows:
4) Buildings.The Units comprising Phase one (1) of the Condominium are
contained ineighteen (18) detached and attached buildings.The Property on which the
Units are located isa Common Element of the Project.
3. Article XIV, paragraphs (1) and (2) of the Declaration shall be amended to
read as follows:
1) Association Insurance. The Association shall maintain casualty and
liabilityinsurance on the Common Elements. The Association shall not maintain
insurance coverage on individualUnits. A Unit Owner shall be solely responsible for
insuringtheirindividualUnit,includinqboth interiorand exteriorcomponents (as defined
inArticleIII,paragraph (5)).AIIinsurance policiestaken out by the Association shallbe
underwritten by an insurance company authorized to do business in Montana. The
Association shallprovide writtennoticeto any firstlienholder,mortgagee or guarantor of
any Unit loan of a lapse, cancellation,or material modificationof any insurance policymaintained by the Association.
a) Named Insureds: The named insured for a policyacquired by the
Association which insures the Common Elements, shall be the Association as
agent for the Unit Owners without naming them. The named insured for the
policyinsuringeach Unitshallbe the Unit Owner and lienholdersas appropriate.The insurance policyfor each Unit,includingcoverage for liabilityand the Unit
Owner's personal property,willbe the sole expense of the Unit Owner.
Page 2 of5
b) Copies to Mortgagees and Owners: The Association thereon shall
furnish one copy of the insurance policyfor the Common Elements and of all
endorsements to each Unit Owner, mortgagee and firstlienholderon request.
2) Coverage.
a) Casualty: AIICommon Elements and Personal Property withinthe
Common Elements shall be insured by the Association in an amount equal to
the fullinsurable replacement value. AII such insurance for the Common
Elements isto be based on current replacement value, as determined annually
by the Board, the Association's insurer and any firstlienholder of the
Association,or theirrepresentatives.Such insurance policiesmay be subject to
such deductible clauses as are required in order to obtain coverage at
reasonable costs. Coverages for the Common Elements shall be increased bythe Board as may be necessary to provide that the insurance proceeds willbe
sufficientto cover replacement, repairs or reconstruction of the Common
Elements. IndividualUnits shall be insured by the Unit Owner in an amount
equal to the fullinsurable replacement value as determined, with respect to each
Unit,annually by the Units' respective insurers,lienholders and Owner. Such
insurance policiesmay be subject to such deductible clauses as are required in
order to obtain coverage at reasonable costs. Coverages for the Units may be
increased by the individualUnit Owners as may be necessary to provide thatthe
insurance proceeds will be sufficient to cover replacement, repairs or
reconstruction.The foregoing described insurance coverages for both the
Units and the Common Elements shallaffordprotectionagainst:
i) Loss or damage by fireand other hazards covered by a
standard extended coverage endorsement; and
ii) Specifically,such other risksincludingflood and earthquakeloss as from time to time shall customarily be covered with respect to
buildingssimilarinconstruction,locationand use as the Units.
b) Public Liability:In such amounts and with such coverage as shall
be required by the Board of Directors of the Association, including,but not
limitedto,hired automobile and non-Owner automobile coverage, ifapplicable,and with cross-liabilityendorsement to cover liabilitiesof the Unit Owners as a
group to a UnitOwner.
c) Errors or Omissions Insurance for the Directors, Officers and
Managers, ifthe Association so desires, in amounts to be determined by the
Board.
Page 3 of5
d) Other Insurance: Such other insurance forthe Common Elements
as the Board of Directorsof the Association shalldetermine from time to time to
be desirableand as may be required by the Federal and State laws.
4. Article XXIX, paragraph (4),of the Declaration shall be amended to read as
follows:
4) Notice to Lienholder. Upon request a firstlienholder will be entitledto
written notificationfrom the Association of any default in the performance by an
individualUnit Owner of any obligationunder the Governing Documents that is not
cured withinsixty (60) days. In addition,The Association shallprovide writtennoticeto
any firstlienholder,mortgagee or guarantor of any Unit loan of any proposed action that
requiresthe consent of a specifiedpercentage of mortgagees.
5. Exhibit "C" to the Declaration is hereby superseded and replaced by the
Attached Exhibit "C-1." All references to Exhibit "C" in the Declaration shall be
revised to be Exhibit "C-1."
6. Exhibit "D" to the Declaration is hereby superseded and replaced by the
Attached Exhibit "D-1." AII references to Exhibit "D" in the Declaration shall be
revised to be Exhibit "D-1."
7. Attached hereto is the Certificate of Matthew Cotterman, a Registered
Professional Engineer dated ha 44' 2..0 I7 , containing the "As-
Built" certificationsfor all Units in Phase 1, being Units 1-12, 14-17 and 20-23,
26,27.
This First Amendment and First Supplement to the Original Declaration ("First
Amendment"), amends and supplements the Declaration and shallbe incorporated into
and made a partof thereof. Except as specificallyamended or supplemented herein,all
terms of the Declaration shallremain in fullforce and effect. In the event the terms of
thisFirstAmendment and the Declaration conflictor are inconsistent,the terms of this
FirstAmendment shallcontrol. Unless specificallydefined herein,allcapitalizedterms
shallhave the definitiongiven inthe Declaration.
Page 4 of5
IN WITNESS WHEREOF, the undersigned Declarant has caused thisFirstAmendment
to be made and executed in accordance with and under the provisions of the Unit
Ownership Act,Title70, Section 23, Montana Code Annotated, and the Declaration.
DATED: 5/5/2017.
DECLARANT: ISLANDS, LLC
Its:Authorized Agent
STATE OF MONTANA ):ss.
County of Gallatin )
On 5/5/2017, before me personally appeared id-ra. Orribut , whose
identitywas proven to me on the basis of satisfactoryevidence to be the person whose
name issubscribed to thisinstrument, and acknowledged thats-Ge..executedthe same
as an authorized agent of,and forand on behalf of,ISLANDS, LLC.
n,(PrTnt ame: cH ju box )
1 A RNotary Publicfor e State of ana
onEgg thestateorMontana Residing at-
soz Moa na My Comm pires:OF My CommissionExpires:one September01,2020
Page 5 of5
CERTIFICATE OF REGISTERED PROFESSIONAL ENGINEER
The undersigned, being a duly registered professional engineer in the
State of Montana, herewith certifiesthe following:
1. That he has reviewed the floorplans attached to the Declaration for
the Winter Park West Condominium recorded with the officeof the
Clerk and Recorder for GallatinCounty, Montana as Document No.
2575667.
2. That the floorplans attached to the Declaration for the Winter Park
West Condominium are an accurate copy of the plans filedwith and
approved by the cityand county officershaving jurisdictionto issue
building permits and depict, with reasonable accuracy, the layout,
location,unit designation, and dimensions of each of the followingunitsof Phase 1 as built:Units 1-12, 14-17 and 20-23, 26,27.
Dated:,#ON74 e
Matthew B. OS Cotterrnan
15873ES
Regis Yed Professional Engineer 50, 'cessNumber: /Fifff& PER_0
STATE OF MONTANA ):ss.
County of Gallatin )
On May 5, 2017, before me, a Notary Public for the State of Montana,
personally appeared Matt-w qu > (0+1r r-m,-, a , and acknowledged to
me the execution of the foregoing Certificate.
;phAPRI
HUbBER I -e(:sonmy 1forthestateofMontana (Printe Notary Name)0 - -
.4 Residingat:Notary Public for State of MontanaAL. , sozeman, Montana
My commissionExpires: Residing At-septemberal,2020
My Comm nExpires: ,20
1
EXHIBIT C-1
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WinterParkWest Condominium
ExhibitD-1
PercentageOwnership interests-Phase 1
Unit# Model TotalSq.Ft. Ownership %
1 Bradley 1,048 3.2892%
2 Bradley 1,048 3.2892%
3 Bradley 1,048 3.2892%
4 Cottonwood 1,811 5.6839%
5 Duplex 1,480 4.6450%
6 Duplex 1,480 4.6450%
7 Cottonwood 1,811 5.6839%
8 Bradley 1,048 3.2892%
9 Bradley 1,048 3.2892%
10 Bradley 1,048 3.2892%
11 Duplex 1,480 4.6450%
12 Duplex 1,480 4.6450%
13 Cottonwood 0 0.0000% To be builtinPhase 2
14 Duplex 1,480 4.6450%
15 Duplex 1,480 4.6450%
16 Bradley 1,048 3.2892%
17 Bradley 1,048 3.2892%
18 Duplex 0 0.0000% To be builtinPhase 2
19 Duplex 0 0.0000% To be builtinPhase2
20 Bradley 1,048 3.2892%
21 Duplex 1,480 4.6450%
22 Duplex 1,480 4.6450%
23 Bradley 1,048 3.2892%
24 Duplex 1,480 4.6450%
25 Duplex 1,480 4.6450%
26 Duplex 1,480 4.6450%
27 Duplex 1,480 4.6450%
Totals 31862 100%
RETURN DOCUMENT TO:AmericanLandTitleCompany1800W.Koch,Bozeman,MT 59715
OrderNo-'111
Returndo:
Jeremy leFeber
Berg,Lilly& Tollefsen,P.C.1 West Main St.
Bozeman, MT 59715
2586104/ Page:1 of 4 07/20/201710:09:31AM Fee.$28.00V CharlotteMills- GallatinCounty,MT MISC
lillllllllllllillllllllllllilllllllllllifillllllllllllillllllllillililllllllllllfill
SECONDAMENDMENTANDSECONDSUPPLEMENTTO
DECLARATION FOR WINTER PARK WEST CONDOMINIUM
RECITALS
A. Declarant previously recorded a . Declaration for the Winter Park West
Condominium in the officeof the Gallatin County Clerk and Recorder as Document No.
2575667 and the FirstAmendment and FirstSupplement to Declaration forWinter Park
West Condominium as Document No. 2579384 (collectivelythe "Declaration").
B. Declarant now desires to amend and supplement the Declaration as follows:
(i) Update each Unit'spercentage of general common elements based on the
actual Units constructed in Phases 1 and 2, and
(v) Provide as-builtcertificationsfor allUnits in Phase 2, being Units 13, 18,
19, 24 and 25.
NOW, THEREFORE, the Declaration ishereby amended and supplemented by revising
and supplementing the following provisions.
1. Article III,paragraph 4) of the Declaration shall be amended to read as
follows:
4) Buildings. The Units comprising Phase one (1) of the Condominium are
contained in eighteen (18) detached buildings. The Units comprising Phase two (2) of
the Condominium are contained inthree (3)detached buildings. The Property on which
the Units are located isa Common Element of the Project.
2. Exhibit "D-1" to the Declaration is hereby superseded and replaced by the
Attached Exhibit "D-2." AII references to Exhibit "D" or "D-1" in the Declaration
shall be revised to be Exhibit "D-2."
Page 1 of2
3. Attached hereto is the C ificate of Matthew Cotterman, a Registered
Professional Engineer dated . 2017 , containing the "As-
Built" certifications for allUnits in hase 2, being Units 13, 18, 19, 24 and 25.
This Second Amendment and Second Supplement to the Declaration ("Second
Amendment"), amends and supplements the Declaration and shall be incorporated into
and made a part of thereof. Except as specificallyamended or supplemented herein, all
terms of the Declaration shall remain in fullforce and effect. In the event the terms of
this Second Amendment and the Declaration conflictor are inconsistent,the terms of
this Second Amendment shall control. Unless specificallydefined herein, allcapitalized
terms shall have the definitiongiven inthe Declaration.
IN WITNESS WHEREOF, the undersigned Declarant has caused this Second
Amendment to be made and executed in accordance with and under the provisions of
the Unit Ownership Act, Title 70, Section 23, Montana Code Annotated, and the
Declaration.
DATED: July 17, 2017.
DECLARANT: ISLANDS, LLC
ByIts:Authorized Agent
STATE OF MONTANA ):ss.
County of Gallatin )
On July 17, 2017, before me personally appeared %) shot $GS ,whose
identitywas proven to me on the basis of satisfactoryevidence to be the person whose
name is subscribed to this instrument, and acknowledged that he. executed the same
as an authorized agent of,and for and on behalf of,ISLANDS, LLC.
on ..,, DEBRADECHERT.41 NOTARYPUBUCforthe
o ;. stateofMontana (PrintName: )
SEAL -- ResidingatNotary Public the State of Montana
Bozeman,Montana
mycommissionExpires Residin"an September09,2017 M mmission Expires:
Page 2 of2
CERTIFICATE OF REGISTERED PROFESSIONAL ENGINEER
The undersigned, being a duly registered professional engineer in the
State of Montana, herewith certifiesthe following:
1. That he has reviewed the floorplans attached to the Declaration for
the Winter Park West Condominium recorded with the officeof the
Clerk and Recorder for GallatinCounty, Montana as Document No.
2575667.
2. That the floorplans attached to the Declaration for the Winter Park
West Condominium are an accurate copy of the plans filedwith and
approved by the cityand county officershaving jurisdictionto issue
building permits and depict, with reasonable accuracy, the layout,
location,unit designation, and dimensions of each of the followingunitsof Phase-has built:Units 13, 18, 19, 24 and 25.
Dated: 5/5/? .*ONT44
:0 Matthew B. o0 Cotterman-n
15873ES
Regi'sidled"ProfessionalEngineer 97 UENS
Number: /F 7 gy. SER-LA
STATE OF MONTANA ):ss.
County of Gallatin )
On May 5, 2017, before me, a Notary Public for the State of Montana,
personally appeared Ma \rum. Co-the emens , and acknowledged to
me the execution of the foregoing Certificate.
'
APRiaLHUBER
or^ i Mar thestateofMontana (Printe Notary Name)
SEAL soz nM tana Notary Public forthp/8tate of Montana
1 4/ My CommissionExpires: Residing At: /I Al ] September01,2020
My Comrniss' Expires: ,20
1
WinterParkWest Condominium
ExhibitD-2
PercentageOwnership Interests-Phase 1
Unit# Model TotalSq.Ft. Ownership %
1 Bradley 1,048 2.8608%
2 Bradley 1,048 2.8608%
3 Bradley 1,048 2.8608%
4 Cottonwood 1,811 4.9436%
5 Duplex .1,480 4.0401%
6 Duplex 1,480 4.0401%
7 Cottonwood 1,811 4.9436%
8 Bradley 1,048 2.8608%
9 Bradley 1,048 2.8608%
10 Bradley 1,048 2.8608%
11 Duplex 1,480 4.0401%
12 Duplex 1,480 4.0401%
13 Cottonwood 1,811 4.9436%
14 Duplex 1,480 4.0401%
15 Duplex 1,480 4.0401%
16 Bradley 1,048 2.8608%
17 Bradley 1,048 2.8608%
18 Duplex 1,480 4.0401%
19 Duplex 1,480 4.0401%
20 Bradley 1,048 2.8608%
21 Duplex 1,480 4.0401%
22 Duplex 1,480 4.0401%
23 Bradley 1,048 2.8608%
24 Duplex 1,480 4.0401%
25 Duplex 1,480 4.0401%
26 Duplex 1,480 4.0401%
27 Duplex 1,480 4.0401%
Totals 36633 100%
Recommended