This is a
read-only copy. For official CC&Rs
with notarized amendments, see the CC&Rs provided to you on purchase of
your unit. Additional copies are
avaiable with the PPHOA Board Secretary.
34928
DECLARATION OF COVENANTS.
CONDITIONS AND RESTRICTIONS
FOR
PARK PLACE AT OREM, A PLANNED UNIT DEVELOPMENT
This
Declaration for the PARK PLACE AT OREM, PLAT "B", A PLANNED UNIT
DEVELOPMENT (the "Declaration") made this 31st day of October
, 1983, by DESTER AND LUCK CONSTRUCTION, INC., a Utah Corporation (the
"Declarant"), acting by and through its Officers, John Dester and
Wayne Luck,
WITNESSETH:
Whereas
the Declarant is the owner of certain real property in Utah County, Utah, which
is more particularly described as:
Commencing at a point
located S00°30'08”E along the section line 944.56 feet and West 265.46 feet
from the East 1/4 corner of section 15, township 6 South, range 2 East, Salt
Lake base and meridian, thence S18°27’21“E 402.99 feet; thence N89°06'03”W
526.71 feet; thence N00°18‘39”E 382.30 feet; thence S88°U8'13”E 397.08 feet to
the point of beginning. Total area= 4.041 acres.
such
land and improvements thereon being hereafter reterred to as the
"Project", and
Whereas
the declarant desires to provide for the
preservation or the values and amenities in said
Project and for
the maintenance of open spaces; and to this end,
desires to subject the real property described herein to the covenants,
restrictions; easements, charges and liens hereinafter set forth, each and all
of which is and are for the benefit of said property and the subsequent owners
thereof; and
Whereas
the Declarant has deemed it desirable, for the efficient preservation of the
values and amenities in said Project, to create an Association to which will be
delegated and assigned the powers and duties of maintaining and administering
and enforcing the within covenants and disbursing the charges and assessments
hereinafter created; and
Whereas
the declarant has formed Park Place at Orem Homeowners Association, Inc.
NOW,
THEREFORE, the Declarant hereby declares that all of the properties described
above shall be held, sold and conveyed subject to the following easements,
restrictions, and covenants and conditions, which are for the purpose of
protecting the value and desirability of, and which shall run with, the real
property and be binding on all parties having any right, title or interest in
the described properties or any part thereof, their heirs, successors and
assigns, and shall inure to the benefit of each owner thereof.
ARTICLE 1
DEFINITIONS
l.l Association.
Shall mean and refer to The Park Place at Orem Homeowners Association, Inc.,
and its successors and assigns.
1.2 Board
of Directors. Shall mean the Governing Board of the Association.
l.3 Common
Areas. Shall mean the entire Project, except for those portions thereof
which lie within the boundaries of any lot. Common Areas shall also include: ‘
(a)
The Project outdoor lighting, fences, landscaping, sidewalks, unassigned
parking spaces and driveways, not included within the dimensions of any unit.
1.4 Common
Assessment. Shall mean an assessment levied to
offset Common Expenses.
1.5 Common
Expenses. Shall mean any of the following:
(a)
The expenses of, or reasonable reserves for, the
maintenance, management, operation, repair and
replacement for
the Common Areas.
(b)
The expenses of management and administration of the Association, including
compensation paid by the Association to a manager, accountant, attorney or
other employees or agents.
(c)
Any other item or items designated by this Declaration or the By-Laws
of the Association to be Common Expenses, and any other expenses reasonably
incurred by the Association on behalf or all Owners.
l.6 Limited
Common Areas. Shall mean those portions of the Common Areas which are
limited to and reserved for the exclusive use or individual owners,
specifically the designated parking spaces, the front porches and entries to
units, and the exterior or fences separating lots from the Common Areas.
1.7 "Lot"
shall mean and refer to any plot of land shown upon any recorded subdivision
map of properties with the exception of the Common Area.
1.8 Map.
Shall mean the plat map of the "Park Place at Orem", Plat
"B", a Planned Unit Development, recorded at the County Recorder's
Office, County of Utah, State of Utah.
1.9 Member.
Shall mean a member of the Association.
l.l0 Owner.
Shall mean and refer to the owners of the record (in the County Recorder's
Office, County of Utah, State of Utah),
whether one or more persons or entities of a Unit/lot.
The term "Owner" shall not mean or include mortgagee or beneficiary
or trustee under a deed of trust unless and until such party has acquired title
pursuant to foreclosure or any arrangement prooceeding in lieu thereof.
l.ll Rules
and Regulations. Shall mean the Rules and
Regulations governing the use of the Common Areas and
the
recreational facilities thereon, duly adopted by the
Association.
1.12 Special
Assessment. Shall mean an assessment for
Special Expenses.
l.l3 Special
Expense. Shall mean the following:
(a)
The expenses incurred by the association for the repair of damage or loss to
the Common Areas, or Limited Common Areas.
l.l4 Unit.
The combination of dwelling, rear yard and garage constructed on a lot and.intended
for the independent and private use or an Owner.
ARTICLE
II
PROPERTY
RIGHTS
2.1 Owner's
Easements of Enjoyment. Every Owner shall have a right and easement of
enjoyment in and to the Common Areas which shall be appurtenant to and shall
pass with the title to every lot and every Owner shall have a permanent right
and easement of ingress and egress, for both the vehicular and pedestrian
traffic, over such portion of the common areas as are set aside and designated
on the map as streets and/or roadways, subject to the following provisions:
(a)
The rights or the .Association to charge reasonable admission and other fees
for the use of any recreational facility situated upon the Common Area.
(b)
The right of the Association to suspend the voting rights and right to use of
the recreational facilities by an Owner for any period during which any
assessment against his lot remains unpaid; and for a period not to exceed 60
days for any infraction of its Rules and Regulations.
(c)
The right of the Association to dedicate or transfer all or any part of the
Common area to any public agency, authority, or utility for such purposes and
subject to such conditions as may be agreed to by the Members. No such
dediction or transfer shall be effective unless an instrument agreeing to such
dedication or transfer signed by 2/3rds of each class of recorded.
2.2 Delegation
of Use. Any owner may designate or assign his right of enjoyment to the
Common Areas to the members of his family who reside with him in his unit, or
to his tenants or contract purchasers who reside in his unit. The rights and
privileges or such delagee or assignee shall be subject to suspension in the
same manner and to the same extent as those of the Owner.
ARTICLE
III
PROJECT
ADMINISTRATION
3.l Administratlon
of Project. The Project shall be administered by the Association, acting by
and through its Board or Directors, who shall be elected in accordance with the
Articles of Incorporation of the Association, and whose duties will be governed
by the terms of the Act, this Declaration, and the Articles of Incorporation
and By-Laws of the Association. The Association may employ a
professional management agent to perform, subject to the supervision or the
Board of Directors, such duties and services as the Board of Directors shall
direct, including, but not limited to, management of the Common Areas and the
collection of and accounting for assessments made by the Association.
3.2 Rules
and Regulations. The Association shall have the power to establish and
enforce compliance with the Rules and Regulations and to amend same from time
to time. A copy of such Rules and Regulations shall be delivered or mailed to
each Member promptly upon the adoption thereof.
3.3 Common
Utilities. The Association shall be responsible for the monthly payment of
the common utility services that are provided by Public Utilities, specifically
the sewer and water assessments. The Association shall prorate those costs to
the Unit Owners on an equitable basis. If water and sewer are on a single
master meter, then the fees for water and sewer service must be maintained in a
separate account from other association funds.
ARTICLE
VI
MEMEBERS
AND VOTING RIGHTS
4.1 Membership.
Each Owner shall be a Member of the Association. Membership shall be
appurtenant to and may not be separated from the ownership or the lots.
Ownership of a lot shall be the sole qualifiation for membership. The
membership held by an Owner shall not be transferred, pledged or alienated in
any way, except upon the sale or encumberance of such lot, and then only to the
purchaser or mortgagee of such lot.
4.2 Class
of Voters. The Association shall have two classes or voting membership:
Class
A. Class A members shall all be Owners, with the exception or the
Declarant, and shall be entitled to one vote for each lot owned.
Class
B. The Class B Member(s) shall be the Declarant and shall be entitled to
three (3) votes for each lot owned. The Class B membership shall cease and be
converted to Class A membership on the happening of either of the following
events, whichever occurs earlier:
(a)
when the total votes outstanding in the Class A membership equal the total
votes outstanding in the Class B membership, or
(b)
on December 31, 1985.
4.3 Suspension
of Voting Rights. The voting rights of any Member shall automatically be
suspended for a maximum of 60 days during any period in which he shall be
delinquent in the payment or assessments due the Association and for any period
during which his right to use the recreational facilities upon the Common Areas
shall have been suspended by the Board of Directors.
4.4 Proxies.
An Owner may give his proxy, either specific or general, to another Owner, a
third person, or to a contract purchaser or his Lot to vote on all matters
coming before the Association for vote provided the same is in writing,
authenticated by witnesses or a notary public and is presented to those
Association orficers conducting such vote.
ARTICLE V
MAINTENANCE
OF PROJECT
5.1 Duties
of Association. The Association shall have the responsibility of
maintaining, repairing, replacing and otherwise keeping in a first-class
condition all portions of the Project, not required in this Article to be
maintained by the Owners, specifically the Common Areas.
5.2 Exterior
Maintenance. The Association will provide maintenance upon the exterior of
each home, fencing, garage and the Common Area as follows: paint, repair,
replace, and care for roofs, gutters, downspouts, exterior building surfaces,
trees, shrubs, grass, walks, streets and other exterior improvements except
glass surfaces. In the event an owner of any Lot in the Properties shall fail
to maintain the premises and the improvements situated thereon in a manner
satisfactory to the Board of Directors, after a resolution is passed by two
thirds of the Board of Directors, the Association shall have the right, through
its agents and employees, to enter upon said parcel and to repair, maintain and
restore the Lot and the exterior of the Unit and any other improvements erected
thereon. The cost of such exterior maintenance shall be added to and become
part of the assessment to which such Lot is subject.
ARTICLE
VI
ASSESSMENTS
6.1 Creation
of the Lien and Personal Obligation of Assessments. The Declarant, for each
Lot owned in the Properties, hereby covenants and each owner of any Lot by
acceptance of a deed therefor whether or not it shall be so expressed in such
deed, is deemed to covenant and agree to pay to the Asociation: (1) annual
assessments or charges, and (2) special assessments for capital improvements,
such assessments to be established and collected as hereinafter provided. The
annual and special assessments, together with interest, costs and reasonable
attorney's fees, shall be a charge on the land and shall be a continuing lien
upon the property against which each such assessment is made. Each such
assessment, together with interest, costs, and reasonable attorney's fees,
shall also be the personal obligation of the person who was the Owner of such
property at the time when the assessment fell due. The personal obligation for
deliquent assessments shall not pass to his successors in title unless
expressly assumed by them.
6.2 Purpose
of Assessments. The assessments levied by the association shall be used
exclusively to promote the recreation, health, safety and welfare of the
residents in the properties and for
the improvement and maintenance of the Common Area,
and of the Units situated upon properties.
6.3 Annual
Budget. Not less than thirty (30) days prior to the commencement of each
fiscal year (which shall commence on the first day of the month in which the
sale of the first lot by Declarant is closed), the Board of Directors (or those
named herein constituting the original Board of Directors in the event the
Association has not been formed at such time) shall establish an annual budget
for such fical year, including therein all anticipated items of Common expense
together with a reasonable reserve for contingencies.
6.4 Annual Common Assessment. By the
adoption of the annual budget by the Board of Directors there shall be
established an annual Common Assessment for the payment of which each Owner
(including Declarant) shall be personally liable in the same percentage as his
percentage ownership in the Common Areas. Each Owner shall pay his percentage
share in even monthly installments of one-twelfth (l/l2) thereof on the
first day of each month during the fiscal year. The first monthly installment,
or pro rata portion thereof, of such annual Common Assessment shall be due and
payable by an Owner upon delivery of his deed to a lot. In addition, each Owner
(other than Declarant), may be required to deposit and to maintain up to three
(3) monthly installments of his share of the annual Common Assessment, for
purchase or equipment or supplies and for working capital. Such advance payment
shall not relieve an Owner from making the regular monthly payment. Upon the
sale of his lot, an Owner shall be entitled to a credit from his grantee for
any unused portion thereof. If the annual budget is not adopted as herein
required, the previous fiscal year's monthly payment shall continue to be due
until such time as the annual budget for the current year is established, at
which time the annual Common Assessment shall become retroactive to the
commencement of such current fiscal year.
6.5 Maximum
Annual Assessment. Until January l, of the year immediately following the
conveyance of the first Unit to an Owner, the maximum annual assessment shall
be $424.00 per lot.
(a)
From and after January l of the year immediately following the conveyance of
the first lot to an Owner, the maximum annual assessment may be increased each
year not more than five percent (5%) above the maximum assessment for the
previous year without a vote of the membership.
(b)
From and after January l of the year immediately following the conveyance of
the first lot to an Owner, the maximum annual assessment may be increased above
five percent (5%) by a vote of two—thirds (2/3) of each class of
members who are voting in person or by proxy, at a meeting duly called for this
purpose.
(c)
The Board of Directors may fix the annual assessment at an amount not in excess
of the maximum.
6.6 Special
Assessments for Capital lmprovements. In addition to the annual assessments
authorized above, the Association may levy, in any assessment year, a special
assessment applicable to that year only for the purpose of defraying, in whole
or in part, the cost of any construction, reconstruction, repair or replacement
of a capital improvement upon the Common Area, including fixtures and personal
property related thereto, provided that any such assessment shall have the
assent of two-thirds (2/3) of the votes of each class of members who are voting
in person or by proxy at a meeting duly Called for this purpose.
6.7 Notice
and Quorum for Any Action Authorized Under Sections 6.5 and 6.6. Written
Notice of any meeting called for the purpose of taking any action authorized
under Sections 6.5 or 6.6 shall be sent to all members not less than 30 days
nor more than 60 days in advance of the meeting. At the first such meeting
called, the presence of members or of proxies entitled to cast sixty percent
(60%) of all the votes of each class of membership shall constitute a quorum.
If the required quorum is not present, another meeting may be called subject to
the same notice requirement, and the required quormn at the subsequent meeting
shall be one-half (1/2) of the required quorum at the preceding meeting.
No such subsequent meeting shall be held more than 60 days following the
preceding meeting.
6.8 Uniform
Rate of Assessment . Both annual and special assessment must be fixed at a
uniform rate for all Lots and may be collected on a monthly basis.
6.9 Effect
of Nonpayment of Assessment. Remedies of the Association. Any assessment
not paid within thirty (30) days after the due date shall bear interest at the
rate of 10 percent per annum. The Association may bring an action at law
against the Owner personally obligated to pay the same, or foreclose the lien
against the property. No Owner may waive or otherwise escape liability for the
assessments provided for herein by non-use of the Common Area or
abandonment of his lot.
6.10 Subordination
of the Lien to Mortgages. The lien of the assessments provided for herein
shall be subordinate to the lien of any first mortage, sale or transfer of any
Lot shall not affect the assessment lien. However, the sale or transfer of any
Lot pursuant to mortage foreclosure or any proceeding in lieu thereof, shall
extinguish the lien of such assessments as to payments which become due prior
to such sale or transfer. No sale or transfer shall relieve such Lot from
liability for any assessments thereafter becoming due or from the lien thereof.
ARTICLE
VII
INSURANCE
7.l Property
Insurance. The Association shall obtain and pay the premiums upon, as a
Common Expense, a policy of insurance on all Common Area improvements in the
Project and all personal property within the Common Areas (except the personal
property individually owned by one or more Owners and improvements to Units
added by the Owners thereof) in an amount equal to the maximum insurable
replacement value thereof, affording protection against loss or damage by fire
and other hazards covered by a standard extended coverage endorsement, and such
other risks as may from time to time be customarily insured against with
respect to improvements similarly in construction, location and use, including
by way of example, vandalism and malicious mischief. Such policy shall be
issued in the name of the Association, as insured, with loss payable in favor
of the Association, as Trustee for each Owner and his Mortgagee, if any, who
shall be beneficiaries thereof (even though not named therein) in the
percentages of Common Area Ownership established as to each Unit.
Certificates of insurance shall be issued to each
Owner and Mortgagee upon request. Such policy shall not be cancellable until
after thirty (30) days’ notice to each Owner and Mortagee. The proceeds or such
policy shall be received by the Association and held in a separate account for
distribution to the Owners and their Mortgagees (subject to the provisions of
the Act, this Declaration and the Association By-Laws) as their
interests may appear; provided, however, when repair or reconstruction of the
Project shall be required as provided in Article VIII hereof, such proceeds
shall be applied to such repair or reconstruction.
7.2 Public
Liability and Property Damage. The Association shall purchase broad form
Comprehensive Liability coverage in such amounts and in such forms deemed
appropriate by it. This coverage shall be issued in the
name of the Association and shall include Owners in their capacity as Members
of the Association as additional insureds and evidence thereof shall be
furnished to each additional insured. Coverage under this policy shall include,
but not be limited to, legal liability of the Association for bodily and
personal injuries, property damage, operation of the automobiles on behalf of
the Association and activities of the Association in connection with the
operation, maintenance or use of the Common Areas.
7.3 Owner's
Insurance. Each Owner, and not the Association, shall have the
responsibility of obtaining and keeping in full force and effect, at his sole
expense, (a) standard fire and extended risk insurance on his own Unit and
personal property and furnishings contained in his Unit or located on his
respective Limited Common Areas, and on any improvements added to his lot or
Unit by any Owner thereof; (b) broad form Comprehensive Liability coverage for
his lot and Unit (which shall be in addition to and not in lieu of the
Comprehensive Liability coverage required to be
purchased by the
Association); and (c) such other insurance as he may
elect to purchase in addition to the insurance coverage purchased by the Association;
provided, however, that in no event is the insurance coverage purchased by the
Association to be brought into contribution with insurance purchased by Owners.
Certificates of insurance shall include the_Association as an additional
insured. A certificate of insurance shall be furnished to the Association and
must remain on file with the Association.
7.4. Waiver
of Subrogation. In the event of loss or damage to the Common Areas or the
property of an Owner which shall be covered by insurance, the insurance company paying such claim shall
have no right of subrogation against the Association, its agents and employees,
nor the Owners, their tenants, of their respective households.
7.5 Power
of Attorney. Each Owner hereby irrevocably constitutes and appoints the
Association as his true and lawful attorney—in—fact
for the purposes of maintaining such insurance
policies.
ARTICLE VIII
PARTY
WALLS
8.1 General
Rules of Law to Apply. Each wall which is built as a part of the original
construction of the homes upon the Properties and placed on the dividing line
between the Lots shall constitute a party wall, and, to the extent not inconsistent
with the provisions of this Article, the general rules of law regarding party
walls and liability for property damage due to negligence or willful acts or
emissions shall apply thereto.
8.2 Sharing
of Repair and Maintenance. The cost of reasonable repair and maintenance of
a party wall shall be shared by the Owners who make use of the wall in
proportion to such use.
8.3 Destruction
by Fire or Other Casualty. If a party wall is destroyed or damaged by fire
or other casualty, any Owner who has used the wall may restore it, and if the
other Owners therefter make use or the wall, they shall contribute to the cost
or restoration thereof in proportion to such use without prejudice, however, to
the right of any such Owners to call for a larger contribution from the others
under any rule of law regarding liability for negligent or willful acts or
omissions.
8.4 Weatherproofing.
Notwithstanding any other provision or this Article, an Owner who by his
negligent or willful act causes the party wall to be exposed to the elements
shall bear the whole cost of furnishing the necessary protection against such
elements.
8.5 Right
to Contribution Runs With Land. The right of any Owner to contribution from
any other Owner under this Article shall be appurtenant to the land and shall
pass to such Owner's successors in title.
8.6 Arbitration.
In the event of any dispute arising concerning a party wall, or under the
provisions of this Article, each party shall choose one arbitrator, and such
arbitrators shall choose one additional arbitrator, and the decision shall be
by a majority of all the arbitrators.
ARTICLE
IX
MORTGAGE
9.1 Notices.
Any Owner who mortgages his lot shall furnish the Association the name and
address for such Mortgagee, and the Association shall maintain such information
in a book entitled "Mortgages of Lots". The Association shall report
to such Mortgagee any unpaid assessments due from the Owner of such lot at the
same time as the Association makes demand on the Owner thereof for payment of
such assessment. Each Mortgages shall also be entitled to written notification
from the Association of any other default by its Owner-Mortgagor in the
performance of such Owner's obligations under the terms and provisions of this
Declaration which shall not have been cured within thirty (30) after written
notice to such Owner-Mortgagor by the Association specifying such default.
9.2 Delinquent
Assessment. A Mortgagee may, but shall not be required to, pay any
delinquent assessments due upon the mortaged lot, and the amount of such
payment shall be added to the mortgage indebtedness.
9.3 Right
to Examine. The mortgagee shall have the right to examine the books and
records of the Association upon request and to require annual reports of the
financial status of the Association.
ARTICLE X
ARCHITECTURAL
CONTROL
10.1 Creation
of Committee. No building, fence, wall or other structure shall be
commenced, erected or maintained upon the Project, nor shall any exterior
addition to or change or alteration therein be made until the plans and
specifications showing the nature, kind, shape, height, materials and location
of the same shall have been submitted to and approved in writing as to harmony
of external design and location in relation to surrounding structures and
topography by the Board of Directors of the Association, or by an Architectural
Committee composed of three (3) or more representatives appointed by the Board.
In the event said Board, or its designated committee, fails to approve or
disapprove such design and location within thirty (30) days after said plans
and specifications have been submitted to it, approval will not be required and
this Article will be deemed to have been fully complied with.
ARTICLE
XI
RESTRICTIONS
11.1 Residential
Use. Each unit may be occupied and used by its Owner only as a private
dwelling for the Owner, his family, tenants and social guests.
AMENDMENT 27 June 2013
11.1 Residential
Use. Each unit may be occupied and used by its Owner as a private dwelling
for the Owner, his family, tenants and social guests. Leases must be for a
period of not less than six (6) months.
ll.2 Alterations.
Notwithstanding the above, no Owner shall make structural alterations or
modifications to his Unit or to any of the Common Areas or Limited Common
Areas, including but not limited to, the erection of antennas, aerials,
awnings, the placement of any reflective or other materials in the windows of
his Unit or other exterior attachments and signs or other advertising devices
without the written approval of the Association. The Association shall not approve
any alterations, decorations or modifications which would jeopardize or impair
the soundness, safety or appearance of the Project.
ll.3 Improper
Activities. No unlawful activities shall be carried on in any Unit or upon
the Common Areas, nor shall anything be done which may be a nuisance to the
Owners. No Owner shall store any dangerous explosives or inflammable materials
either in his Unit or upon the Common Areas, or permit anything to be done or
keep or permit to be kept in his Unit or on the Common Areas anything that will
increase the rate of insurance on the Project.
11.4 Signs.
No signs or other advertising devices shall be displayed which are visible from
the exterior of any Unit or on the Common Areas, including "For Sale"
signs, except in conformity with the Rules and Regulations promulgated by the
Board of Directors.
11.5 Use
of Common Areas. The Common Areas shall not be used for storage of
supplies, personal property or trash or refuse of any kind except common trash
receptacles placed at the discretion of the Association, nor shall the Common
Areas be used in any way for the drying, shaking or airing of clothes or other
fabrics. Stairs, entrances, sidewalks, yards, driveways or parking areas shall
not be obstructed in any way nor shall unauthorized persons use them for other
than their intended purposes.
11.6 Pets.
No animals shall be kept in the Project except household pets. Such pets may
not be kept or bred for any commercial purpose and shall have such care and
restraint so as not to be obnoxious or offensive on account of noise, odor, or
unsanitary conditions. No savage or dangerous animals shall be kept. No more
than one household pet may be cept in any Unit without the written permission
of the Association. No pets shall be permitted to run loose upon the Common
Areas.
11.7 Parking.
One parking space shall be assigned by the Board of Directors of the
Association for each lot. These parking spaces shall be considered Limited
Common Area. There will be no parking of recreational vehicles, boats,
snowmobiles or other vehicles which are not licensed to be driven on public
roads in the guest parking spaces or limited Common Area spaces, and such
preclusion shall be strictly enforced by the management. Recreational vehicles
and boats must be stored in the fenced recreational vehicle storage area
provided.
ARTICLE
XII
DEFAULT
12.1 Definition.
Failure to comply with any of the terms of this Declaration, the Articles of
Incorporation or By-Laws of the Association or the duly adopted Rules and
Regulations of the Association, shall constitute an event of default and shall
be grounds for relief, which may include without limitation an action to
recover sums due for damages and injunctive relief, or any combination thereof.
12.2 Costs.
In any proceeding arising because of any alleged default by any Owner, the
Association, if successful, shall be entited to recover the costs of the
proceedings and reasonable attorneys fees from such Owner.
12.3
No Waiver. The failure of the Association or of any Owner to enforce any
right, provision, covenant or condition which may be granted by this
Declaration, the Articles of Incorporation or By-Laws of
the Association, or the Rules and Regulations shall be deemed to be cumulative
and the exercise of any one or more of such rights, remedies and privileges
shall not be deemed to constitute an election of remedies, nor shall it
preclude the party thus exercising the same from exercising such other
additional rights, remedies or privileges, as may be available to such party at
law or in equity.
ARTICLE
XIII
GENERAL
PROVISIONS
13.1 Acceptance
of Governing Rules. The Association, all present or future Owners, tenants
or future tenants, or any other persons using the facilities of the Project are
subject to and shall comply with this Declaration, the Articles of
Incorporation and By-Laws of the Association, and the Rules and Regulations,
and the acquisition, occupancy or rental of a Unit shall signify that all such
documents are accepted and ratified. In the event of a conflict in any of the
provisions of any such documents, the documents shall govern or control in the
following order or preference: (a) this Declaration; (b) the Articles of
Incorporation of the Association; (c) the By-Laws of the Association; and (d)
the Rules and Regulations.
13.2 Enforcement.
The Association, or any Owner, shall have the right to enforce, by any
proceeding at law or in equity, all restrictions, conditions, covenants,
reservations, liens and charges now or hereafter imposed by the provisions of
this Declaration. Failure by the Association or by any Owner to enforce any
covenant or restriction herein contained shall in no event be deemed a waiver
of the right to do so thereafter.
13.3 Delivery
of notice. All notices or other documents required herein to be delivered
by the Association or Owners may be delivered either personally or by mail. If
delivered personally, same shall be deemed to have been delivered when actually
received by the Owner or when left at the front door of his Unit. If mailed,
same shall be deemed delivered when deposited in the United States Mail
addressed to the Owner at his address as it appears on the records of the
Association with postage thereon prepaid.
13.4 Severability.
If any of the provisions of the Declaration or any paragraph, sentence, clause,
phrase or work, or the application thereof in any circumstance be invalidated,
such invalidity shall not affect the validity of the remainder of this
Declaration, and the application of any provisions, paragraph, sentence,
clause, phrase or work in any other circumstances shall not be affected
thereby.
13.5 Amendment.
The covenants and restrictions of this Declaration shall run with and bind the
land, for a term: of twenty (20) years from the date this Declaration is
recorded, after which time they shall be automatically extended for successive
periods or ten (10) years. This Declaration may be amended during the first
twenty (20) year period by an instrument signed by not less than ninety percent
(90%) of the Lot Owners, and thereafter by an instrument signed by not less
than seventy—five percent (75%) of the Lot Owners. Any amendment
must be recorded.
13.6 Annexation.
Additional land within the area described
in Deed Book Page of the land records of Utah County
may be annexed by the Declarant without the consent of members within 2 years
of the date of this instrument provided that the FHA and VA determine that the
annexation is in accord with the general plan heretofore approved by them. In
the event each Owner of any Lot contained in the description on said Deed shall
become a member of the Association and all Common Areas and Limited Common
Areas in such annexed property shall become Common Areas and Limited Common
Areas of Georgetown on the Park Planned Development and such annexed property
shall be governed by this Declaration, The Articles of Incorporation, By-Laws,
Rules and Regulations and Association as if included in the property
description found on page one (l) of this Declaration.
AMENDED 24 May 1984
13.6 Annexation. Additional land within the
areas described in Deed
book 465 Page 377 of the land records of
Utah County may be annexed by the Declarant without the consent of members
within two years of the date of this instrument provided that the FHA and VA
determine that the annexation is in accord with the general plan heretofore
approved by them. In the event each Owner of any lot contained in the
description on said Deed shall become a member of the Association and all
Common Areas and Limited Common Areas in such annexed property shall become
Common Areas and Limited Common Areas of The Park Place at Orem, A Planned Unit
Development and such annexed property shall be governed by this Declaration,
The Articles of Incorporation, by—Laws, Rules and Regulations and Association
as if included in the property description found on page one (1) of this
Declaration.
13.7 FHA/VA
Approval. As long as there is a Class A membership, the following actions
will require the prior approval of the Federal Housing V Administration or the
Veterans Administration: Annexation of additional properties, dedication of
Common Area, and amendment of this Declaration of Covenants, Conditions and
Restrictions.
13.8 Paragraph
Title. Paragraph titles are used in this Declaration for convenience of
reference and are not intended to limit, enlarge or change the meaning of the
contents of the various paragraphs.
IN WITNESS WHEREOF, Declarant has duly executed this
Declaration on the day and year herein first above written.
ATTEST: By:
John Dester Wayne R. Luck
Secretary Dester and Luck Construction, Inc.,
A Utah Coporation
By Its President
STATE OF UTAH )
:SS
COUNTY or UTAH )
STATE OF UTAH
Subscribed and sworn to before me, a Notary Public, in
and Utah County, State of Utah, personally appeared Wayne R. Luck,
President of Dester and Luck Construction, Inc. a corporation, known to me to
be the person and officer whose name is subscribed to the foregoing
instrument and acknowledge to me that the same was the
act of the said corporation for the purposes and consideration therein
expressed and in the capacity therein stated.
WITNESS my hand and official seal this 31st day of October 1983
Danny
M. Hansen
Notary
Public
My Commission Expires: Residing at:
4-2-85 Orem, Utah
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