CC&Rs

bradleyjai — Mon, 01 Mar 2010 16:17:17 +0000

DECLARATION OF COVENANTS,

CONDITIONS AND RESTRICTIONS

FOR

FOUNDERS POINTE DIVISION NO. 1

DECLARATION OF COVENANTS,

CONDITIONS AND RESTRICTIONS

FOR

FOUNDERS POINTE, DIVISION NO. 1

THIS DECLARATION is made on the 25th day of April, 2006, by Founders Pointe LLC, an Idaho limited liability company, hereinafter referred to as ‘”Declarant”.

WHEREAS, Declarant is the owner of that certain real property located in Bonneville County, Idaho, particularly described as follows (the “Property”):

Founders Pointe Division No. 1 to the City of Ammon, Bonneville County,

Idaho, according to the plat recorded 4/10/06, as Instrument No. 1219865.

WHEREAS, Declarant desires that all the Lots within the Property be subject to the same covenants, conditions, and restrictions, to be administered by a single entity; and

WHEREAS, Declarant desires to provide a plan for the beautification and protection, desires to enhance the value, desirability and attractiveness of the Property; and

WHEREAS, Declarant desires to provide for certain landscaped areas at the entry to the

Property; and

WHEREAS, in order to provide an orderly development and use of the Property under a common set of covenants, conditions and restrictions, Declarant desires to create a nonprofit corporation to which shall be delegated and assigned the responsibility for administering and enforcing the covenants, conditions and restrictions herein set forth, maintaining and administering said landscaped areas and collecting and dispersing the assessments and charges hereinafter created.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which

are hereby acknowledged, Declarant hereby declares that the Property shall be subject to the covenants,

conditions and restrictions set forth in this Declaration.

ARTICLE I

DECLARATION OF COVENANTS. CONDITIONS.

RESTRICTIONS & EASEMENTS

1.1 Declaration. Declarant hereby declares that the Property and each Lot, parcel or portion of the Property, is and/or shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied and improved subject to the following terms, covenants, conditions, reservations, easements and restrictions, all of which are declared and agreed to be in furtherance of a general plan for the protection, maintenance, subdivision, improvement and sale of the Property, and to enhance the value, desirability and attractiveness of the Property. The terms, covenants, conditions, reservations, easements and restrictions set forth herein shall run with the land constituting the Property and with each estate therein and shall be binding upon all persons having or acquiring any right, title or interest in the Property or any Lot, parcel or portion of the Property and interest therein, and shall inure to the benefit of and be binding upon Declarant, the Property Owners, their successors in interest and each Owner and respective successors in interest, and may be enforced by Declarant and/or by any Owner or successors in interest.

1.2 Right to Develop. Notwithstanding the foregoing, no provision of this Declaration shall be construed as to prevent or limit Declarant’s right to carry out and complete the development of the Property and to construct improvements thereon, nor Declarant’s right to maintain model homes, construction, sales or leasing offices or similar facilities on any portion of the Property, nor Declarant’s right to post signs incidental to construction, sales or leasing.

ARTICLE II

DEFINITIONS

2.1 “Articles” shall mean the Articles of Incorporation of the Association filed with the Idaho Secretary of State and any amendments thereto or restatements thereof.

2.2 “Assessments” shall mean those payments required of Owners and Association Members including regular, special, limited and other assessments of the Association as further defined in this Declaration.

2.3 “Association” shall mean and refer to Founders Pointe Homeowners Association, Inc., an Idaho nonprofit corporation, its successors and assigns. The Association shall include, when the context requires, its Board of Directors, officers and other authorized representatives and agents as the same, or any of them, may from time to time be constituted.

2.4 “Association Rules” shall mean those rules and regulations promulgated by the Association governing conduct upon and use the Property under the jurisdiction or control of the Association, the imposition of fines and forfeitures for violation of Association Rules, and procedural matters for use in the conduct of business of the Association.

2.5 “Beneficiary” shall mean a mortgagee under a mortgage of beneficiary under a deed of trust, as the case may be, and/or the assignees of such mortgagee, beneficiary or holder, which mortgage or deed of trust encumbers parcels of real property on the Property.

2.6 “Board of Directors” or “Board” shall mean the Board of Directors or other governing board or individual, if applicable, of the Association.

2.7 “Bylaws” shall mean the Bylaws of the Association adopted from time to time in accordance with the laws of the State of Idaho.

2.8 “Common Area” shall mean all real property within the Property in which the Association owns an interest (including an easement) and which is held for the common use and enjoyment of the Owners or for betterment of the Property and shall include any landscape or maintenance easement designated on any Plat or subsequently granted to the Association.

2.9 “Committee” shall mean the Architectural Control Committee described herein.

2.10 “Declaration” shall refer to this Declaration as hereafter amended and supplemented from time to time, and as recorded in the records of Bonneville County.

2.11 “Declarant” shall mean and refer to Founders Pointe LLC, or its successors and assigns.

2.12 “Detached Structure” shall mean any roofed structure with permanent supporting walls or pillars on any Lot which is detached from the residence on such Lot.

2.13 “Improvement” shall mean any structure, facility or system, or other improvement or object, whether permanent or temporary, which is erected, constructed or placed upon, under or in any portion of the Property, including, but not limited to buildings, fences, streets, drives, driveways, sidewalks, curbs, landscaping, signs, lights, mailboxes, electrical lines, pipes, pumps, ditches, waterways, swimming pools and other recreational facilities and fixtures of any kind whatsoever.

2.14 “Lot” shall mean and refer to any parcel of real property shown on a recorded plat or map, or otherwise described in a recorded instrument, which is identified as an individual lot to be used as a single-family residential building site.

2.15 “Member” shall mean each person or entity holding membership in the Association.

2.16 “Mortgage” shall mean and refer to any mortgage or deed of trust, and “Mortgagee” shall refer to the mortgagee, or beneficiary under a deed of trust, and “Mortgagor” shall refer to the mortgagor, or grantor of a deed of trust.

2.17 “Owner” shall mean and refer to the record Owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Property, including contract buyers, but excluding those having such interest merely as security for the performance of an obligation.

2.18 “Plat” shall mean the recorded Plat of Founders Pointe Division No. 1, and the recorded Plat or Plats of any additional real property made subject to this Declaration by a Supplemental Declaration executed and recorded by Declarant.

2.19 “Property” shall mean and refer to the real property herein before described together with all easement and improvements and shall also include any additional real property made subject to this Declaration by a Supplemental Declaration executed and recorded by Declarant.

2.20 “Residence” shall mean a building or buildings, including a garage, carport or similar outbuilding used or intended to be used for residential purposes.

2.21 “Set Back” shall mean the minimum distance between the residence or other structure referred to the nearest given street, road or Lot line. “Set Back Area” shall mean the area between the Set Back line and the Lot Line.

2.22 “Single-Family Residential Use” means the occupation and use of a single family dwelling in conformity with this Declaration and the applicable municipal or county zoning ordinance in force on the date this Declaration is recorded.

2.23 “Supplemental Declaration” means an instrument executed and recorded by Declarant for the purpose of annexing additional real property to the Property pursuant to Article VIII of this Declaration.

ARTICLE III

GENERAL COVENANTS. CONDITIONS AND RESTRICTIONS

3.1 Land Use and Building Type. Except as provided in Section 3.25 all Lots in the Property shall be used and occupied solely for Single-Family Residential Use. No Lot shall be used except for residential purposes. No Lot shall be used for the conduct of any trade or business or professional activity; provided, however, that professional and administrative occupations may be carried on within the residences so long as there exists no meaningful external evidence thereof. No Lot may be further subdivided.

Except as specifically provided otherwise in this Declaration, no Improvements shall be erected, altered, placed or permitted to remain on any Lot other than one designed to accommodate no more than one (1) single-family residential dwelling. Notwithstanding the foregoing, the Committee may, in its discretion after request by an Owner, allow Owner to place any Detached Structure that the Committee determines to be architecturally and aesthetically compatible with the Residence on the Lot. All Detached Structures on any Lot must be approved by the Committee and must be constructed of the same materials as the Residence on the Lot.

3.1a Size Limitations. The interior area of any one-story Residence constructed on a Lot, exclusive of the basement, porches and garages, must be at least one thousand six hundred fifty (1,650) square feet. The interior area of any two-story Residence constructed on a Lot, exclusive of the basement, porches and garages, must be at least two thousand three hundred (2,300) square feet. No Residence shall be constructed higher than two (2) stories, and no other structures shall be constructed higher than one (1) story.

3.1b Garages and Driveways. Each Residence constructed on any Lot shall include an enclosed garage as an attached, integral part of the Residence structure. The garage must be of sufficient size to enclose at least three (3) full-size automobiles. All driveways must be constructed of concrete, asphalt or a comparable material approved by the Committee.

3.1c Masonry. At least seventy-five percent (75%) of the front elevation of each Residence shall be faced with stone, brick or stucco (including Dryvit type finishes). At least one surface of the front elevation of each Residence must be entirely faced with such finishes. Any window surrounded by stucco must include architectural banding. All masonry wanes coats must be approved by the Committee. The itemization of permitted materials shall be determined from time to time by the Committee.

3.1d Roof and Chimneys. The roof of each Residence and each Detached Structure shall be of 35-year or better architectural grade shingle, tile or shake construction and shall have a pitch of at least eight-twelfths (8/12) and an overhang of at least eighteen (18) inches. Roof color shall be subject to approval by the Committee. The roof fascia shall be a minimum of six (6) inches. All chimneys on a Residence shall have chimney enhancer caps.

3.le Mailboxes. When a Residence is constructed on a Lot, a mailbox stand shall be constructed at a location adjacent to the street in accordance with Postal regulations and surfaced with the same masonry as used on the front elevation of the residence and/or of a design approved by or provided by Declarant or the Committee. Any architectural concrete or other cap installed on a mailbox stand must be securely anchored to the mailbox stand.

3.1f Road Surface. During the entire construction process, including construction of the home and landscaping, each lot owner shall be responsible for any damage done to the curb or road surface fronting the lot. Lot owners shall take care to prevent breaking of the curb or road surface by building a level surface for heavy equipment to pull off the road edge and into the lot. The Lot owner will also be held responsible for any damage done to neighboring lots from the lot owner’s construction activity.

3.2 Architectural Control. No Improvements which will be visible above the ground or which will ultimately affect the visibility of any above ground Improvement shall be built, erected, placed or materially altered on the Property, including without limitation, change of exterior colors or materials, unless and until the building or other plans, specifications, and plot plan have been reviewed and approved in advance by the Committee. All architectural elements (including but not limited to the type, amount and location of all materials used in the construction of any Residence) must be noted on the plans and specifications sent to the Committee for approval. The Committee may, in its reasonable discretion, approve or disapprove such improvements and the location thereof based upon all relevant factors, including without limitation: design and style, mass and form, value, topography, setback requirements, views, exterior color and materials and such improvements, physical or aesthetic conformity to surrounding terrain and the other improvements on the Property. Said requirements as to the approval of the architectural design shall apply only to the exterior appearance of the improvements. This Declaration is not intended to serve as authority for the Committee to control the interior layout or design of buildings except to the extent incidentally necessitated by use and size requirements.

3.3 Maintenance: Owners Obligations. No Improvements, including, but not limited to mail boxes, landscaping and fences, shall be permitted to fall into disrepair, and each improvement shall at all times be kept in good condition and repair by the Owner thereof. All landscaping shall be adequately and properly maintained and watered. In the event that any Owner fails to maintain the improvements and landscaping as required by this Declaration and the Association Rules or allows any unattractive condition, the Board, upon fifteen (15) days prior written notice to the Owner of said Lot, shall have the right to correct such condition, and to enter upon such Owner’s Lot for the purpose of doing so, and such Owner shall promptly reimburse the Association for the cost thereof. Such cost shall be a limited Assessment and shall create a lien enforceable in the same manner as other Assessments set forth herein. The Owner of the offending Lot shall be personally liable, and the Lot may be subject to a lien for all costs and expenses incurred by the Association in taking such corrective action, plus all costs incurred in collecting the amounts due. Each Owner shall pay all amounts due for such work within ten (10) days after receipt of written demand therefore, or the amounts may, at the option of the Board, be added to the amounts payable by such Owner as regular Assessments. Each Owner shall have the remedial rights set forth herein if the Association fails to exercise its rights within a reasonable time following written notice.

In the event the Improvements on any Lot shall suffer damage or destruction from any cause, the Owner thereof shall undertake the repair, restoration or reconstruction thereof within ninety (90) days of such damage or destruction. If, after ninety (90) days, the repair, restoration or reconstruction of such damaged or destroyed improvements has not taken place, the Association, upon fifteen (15) days prior written notice to the Owner of such Property, shall have the right to correct such condition, and to enter upon said Owner’s Lot for the purpose of doing so and such Owner shall bear all costs incurred by the Association and the Association shall have the lien rights set forth above to enforce payment of the same.

3.4 Set Back Requirement for Improvements. All residences shall be subject to a front yard Set Back of 30 ft and a side yard Set Back 20 ft and a back yard Set Back of 25 ft; which Set Back hereby restricts the location of an improvement any closer to a Lot line than the minimum Set Back restriction stated herein, or on the Plat, or as otherwise required by applicable law or ordinance, provided storage screens, small storage buildings may be approved with the side and back yard set backs. All improvement set back must be in compliance with the applicable municipal or county set back requirements.

3.5 Nuisances. No noxious or offensive activity, including without limitation, those creating an offensive odor or offensive noise, shall be carried on upon any Lot. nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. Pets must be restrained and not allowed to roam free.

3.6 Temporary Improvements. No Improvements of a temporary character and no trailer, basement, tent, shack, garage, barn or other outbuilding shall be placed or used on any Lot at any time as a residence either temporarily or permanently.

3.7 Signs. No sign of any kind shall be displayed to the public view on any Lot except one sign approved by the Committee identifying the name and/or address of the Owner and one sign of not more than five (5) square feet advertising the property for sale. Signs used by a builder or the Declarant to advertise the Property during the construction and sales period may be no more than thirty-five (35) square feet.

3.8 Oil and Mining Operations. No oil drilling, oil development operations, oil refining, quarrying, mining or sand, gravel, pumice or silt extraction operations of any kind shall be permitted upon the Property, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon the Property. No derrick or other structure designed for use m boring for oil or natural gas or otherwise shall be erected, maintained or permitted upon the Property.

3.9 Animals. No animals, livestock, or poultry of any kind shall be raised, bred or kept on any Lot, except that dogs, cats or other household pets may be kept, provided that such animals are not kept, bred or maintained for any commercial purpose, and provided further that no more than four (4) animals may be kept or maintained on any Lot. It shall be the obligation of each Owner to maintain and restrain all animals and its pens in accordance with the Association Rules to eliminate disturbance or annoyance to others.

3.10 Refuse Storage and Disposal. No rubbish, trash, garbage, refuse or debris shall be placed or allowed to remain on the Property except trash kept and maintained within the interior Residence or Detached Structures in sanitary containers. All equipment for the storage or disposal of such material shall be kept in a clean, neat and sanitary condition.

3.11 Sight Distance at Intersections. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two (2) and six (6) feet above the roadway shall be placed or permitted to remain on any corner Lot within the triangular area formed by the street Property lines and a line connecting them at points forty-five (45) feet from the intersection of the street lines, or in the case of a rounded Property corner from the intersection of the street Property lines extended. The same sight-line limitation shall apply on any Lot within fifteen (15) feet from the intersection of a street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines.

3.12 Parking, Boats. Campers and Other Vehicles. No boats, trailers, tractors, recreational vehicles (including but not necessarily limited to campers, motor homes, automobile campers or similar vehicles or equipment) dilapidated, un-repaired or unsightly vehicles or similar equipment, or trucks, vans or buses (working or non-working) shall regularly be parked or stored on any portion of the Property (including streets and driveways) unless enclosed by a structure or screened from view in a manner approved, in writing, by the Committee. No vehicle used by a resident shall be parked on the street. Notwithstanding the foregoing, any boat, camper, trailer or recreational vehicle which is in good repair and working order may be stored on the side yard of a Lot between front and rear yard setbacks. Provided, however, such storage may not be located adjacent to the street on a corner Lot. Any storage pad must be surfaced with concrete, asphalt or crushed gravel.

3.13 Latrine and Bath Facilities. All bathrooms, sink and toilet facilities shall be inside residential buildings and shall be connected by underground pipes directly with the sewer system which shall be constructed in conformance with the standards of the Idaho State Health Department.

3.14 Antennae and Satellite Receiver. No outside television antennas, radio aerials, satellite dishes, or similar devices or structures shall be installed on any Lot or the exterior of any structure located thereon, except that such devises smaller than two (2) feet in diameter shall be permitted only on the side and rear portions of the roof.

3.15 Hazardous Activities. No activity shall be conducted on or in any Residence or Lot which is or might be unsafe or hazardous to any person, the Property or any other tangible item of value. Without limiting the generality of the foregoing, no firearms shall be discharged upon said Property and no open fires shall be lighted or permitted on any property except in a self-contained barbecue unit or outer fireplace, except such controlled and attended fires required for clearing or maintenance of land.

3.16 Unsightly Articles. No unsightly articles shall be permitted to remain on any Lot as to be visible from any other portion of the Property. Without limiting the foregoing, no clothing or household fabrics shall be hung, dried or aired in such a way as to be visible from any other Lot or any Common Area. No building materials, lumber, grass, shrub or tree clippings, plant waste, compost piles, metals, building materials or scrap or other similar material or articles shall be kept, stored or allowed to accumulate on any portion of the Property except within an enclosed structure or appropriately screened from view as approved, in writing, by the Committee. “Screened” is defined as being concealed, at eye level, from any Common Area or Lot other than that containing the screened material.

3.17 Construction. Construction Materials. During the course of actual construction of any permanent improvements, the restrictions contained in this Declaration shall be deemed waived to the extent necessary to permit such construction, provided these restrictions upon completion of construction. All construction shall be diligently prosecuted to completion, continuously and without delays. All structures shall be completed as to external appearance within nine (9) months from date of commencement, unless prevented by causes beyond the control of the Owner or builder. There shall be no storage of construction materials on a Lot except during the construction period.

3.18 Fences and Walls. Hedges and Screen. All fence types must be approved by the Committee. No wire or chain link fences are permitted. No fence, hedge, wall, landscaping or screen of any kind shall be erected so as to constitute a traffic hazard, particularly near comers and street intersections. All perimeter fences must be maintenance free and approved by the Committee. The Committee may establish rules as to acceptable fence types, colors and materials.

3.19 Plat Conditions. All covenants, conditions, restrictions, easements and other matters set forth on the subdivision plats of all the Property are hereby incorporated by this reference and notice is hereby given as to the same.

3.20 Landscaping. The area between the Lot line and the finished road surface shall be planted in grass, landscaped and maintained by the Owner in a uniform manner. Landscaping of that portion of the Lot in front of the Residence shall be completed within nine (9) months after completion of the Residence. The remainder of Lot must be landscaped and shall be completed within twelve (12) months after completion of the Residence. The failure of the Owner to timely comply with this landscaping requirement shall constitute a failure to perform maintenance and the Association or Declarant may there upon invoke those rights and remedies provided in this Declaration. As part of the landscaping, a sprinkler system shall be installed around the Lot perimeter to assist in fire protection. At the time of construction of the Residence, the Owner shall be required to install a sidewalk in compliance with all applicable municipal or county requirements and specifications. If the Property is not connected to a municipal storm drainage system, all frontage along the road must have a drainage swale constructed in accordance with all applicable municipal or county requirements and specifications.

3.21 Drainage. Drainage considerations for individual sites play an important part in the overall ecological balance of the site. Water runoff for each individual building site must be handled by adequately sloping all areas so that runoff can be directed to the natural drainage areas or to storm drainage facilities. Silt fences and other appropriate erosion control measures are required during construction. All erosion control devices are to be installed as per the EPA’s NPDES General Permit for Storm Water Discharges from Construction Activities. Silt Fences and other erosion control devices will be maintained until all landscaping is in place and the land is stable with natural vegetation.

3.22 Light. Sound and Odor. No light which is unreasonably bright or causes unreasonable glare shall be emitted from any Lot. No sound shall be emitted from any Lot which is unreasonably loud or annoying, and no odors shall be emitted from any Lot which are noxious or offensive to others.

3.23 Detached Structures. No Detached Structure shall be constructed or located on any Lot, unless the Committee, upon request by the Owner, allows such construction or location after determining the Detached Structure is architecturally and aesthetically compatible with the Residence on the Lot and will otherwise be compatible with other improvements within the Property. The front of the structure must have seventy-five percent (75%) of the same material as front of home. 3.24 Dumping. No excavation material, concrete, grass or yard clippings, rubbish, trash, garbage, refuse or debris shall be placed or allowed to remain on any vacant or unimproved Lot, without the prior written Approval of the Declarant or the Committee. No discharge shall be made into any common drainage structure. The Owner of any Lot who dumps such material or makes a discharge into a common drainage shall be liable for all cleanup and/or removal costs and any damage to the Property caused thereby.

3.25 Utility Lot. One Lot may be designated by the Declarant to be utilized by the City of Ammon to construct, operate, maintain, repair and replace a water storage and processing facility. Such lot shall be exempt from all assessments hereunder.

ARTICLE IV

HOMEOWNERS ASSOCIATION

4.1 Association. Declarant shall form the Association by filing the Articles with the Idaho Secretary of State. The Association shall have the power to adopt the Bylaws consistent with this Declaration and the Articles and in accordance with the laws of the State of Idaho. The purpose and powers of the Association shall be all of the purposes and powers set forth in this Declaration. The Association shall perform the duties and enforce the covenants and restrictions set forth in this Declaration.

4.2 Name. The name of this Association is Founders Pointe Homeowners Association, Inc.

4.3 Powers and Duties of the Association.

4.3a Powers. The Association shall have all the powers of a nonprofit corporation organized under the general nonprofit corporation laws of the State of Idaho subject only to such limitations upon the exercise of such powers as are expressly set forth in this Declaration. It shall have the power to do any and all lawful things which may be authorized, required or permitted to be done by the Association under this Declaration or the Association Rules, including but not limited to the following:

(i) Assessments. The power to levy assessments (regular, special and limited) on the Owners of Lots and to enforce payment of such Assessments, all in accordance with the provisions of this Declaration.

(ii) Common Areas. The power to acquire, own or control all landscape easements and Common Areas in the Properties, to maintain the same for the benefit of the Properties, to levy Assessments and pay and provide for the maintenance of said Common Areas, and to take all necessary and proper action to provide for the management and use of the same.

(iii) Enforcement. The power and authority from time to time in its own name, on its own behalf or on behalf of any Owner or Owners who consent thereto, to commence and maintain actions and suits to restrain and enjoin any breach or threatened breach of this Declaration and the Association Rules adopted pursuant to this Declaration, and to enforce by mandatory injunction or otherwise, all provisions thereof.

(iv) Delegation of Powers. The authority to delegate its power and duties to committees, officers and employees, or to appoint any person, firm or corporation to act as manager. Neither the Association nor the members of its Board shall be liable for any omission or improper exercise by the manager of any such duty or power to be delegated.

(v) Association Rules. The power to adopt, amend and repeal by majority vote of the Board such rules and regulations as the Association deems reasonable and which are consistent with this Declaration and the Association Rules.

(vi) Emergency Powers. The Association or any person authorized by the Association may enter upon any Lot in the event of any emergency involving illness or potential danger to life or property or when necessary in connection with any maintenance or construction for which it is responsible. Such entry shall be made with as little inconvenience to the Owners as practicable and any damage caused thereby shall be repaired by the Association.

(vii) Licenses. Easements and Rights-of-Way. The power to grant and convey to any third party such licenses, easements, rights-of-way or fee title in, on, through or under the Common Areas or any landscape easement as may be necessary or appropriate for the orderly maintenance, preservation, and enjoyment of such Common Areas and for the preservation of health, safety, convenience and welfare of the Owners, for the purpose of constructing, erecting, servicing, operating or maintaining underground lines, cable, wires, pipes, conduits, and other devices for the transmission of any utility service or other public or quasi-public service.

(viii) Landscape Easements. The power to control, administer and maintain vegetation on, aesthetic quality of and the means and manner of water distribution to all landscape easements running in favor of the Association and the power to take all measures necessary to control, administer and maintain the same.

(ix) Fire Protection and Irrigation. If it becomes advantageous to provide a common irrigation water availability for some or all of the Lots or to set rules and requirements to protect the Lots from natural hazards such as tires or protecting travel avenues from drifting snow.

4.3b Duties of the Association. Without limiting the generality thereof, the Association or its agents shall have the obligation to conduct all business affairs of common interest to all Owners, and to perform each of the following duties:

(i) Insurance. Obtain from reputable insurance companies authorized to do business in the State of Idaho and maintain in effect the following policies of insurance:

(a) Full coverage directors and officers liability insurance if the Board so elects.

(b) Such other insurance, including but not necessarily limited to workers compensation insurance to the extent necessary to comply with all applicable laws.

(c) Any liability, casualty or other insurance the Board may deem necessary to carry out the Association functions or to insure the Association against any loss.

(d) The Association shall be deemed trustee of the interests of all Members of the Association for any insurance proceeds paid to it under such policies, and shall have full power to receive their interests in such proceeds and to deal therewith.

(e) Insurance premiums for the above insurance coverage shall be deemed a common expense to be included in the regular Assessments levied by the Association.

(ii) Rule Making. Make, establish, promulgate, amend and repeal the Association Rules.

(iii) Architectural Control Committee. Appoint and remove members of the Committee, upon the conditions specified in this Declaration.

(iv) Right of Way. Maintain, repair and replace, at the applicable Owner’s cost, any landscaping, fencing, or other improvements located on any Lot as the Board deems necessary or appropriate to protect the appearance and value of the Property.

(v) Common Areas. Maintain, operate, repair, and provide for the use and management of all Common Areas, storage facilities, recreational facilities, within the Property.

(vi) Landscape Easements. Provide, maintain and protect the vegetation on, and aesthetic quality ot” landscape easements, and to provide, maintain and repair water delivery systems necessary to nurture such vegetation and create and maintain such aesthetic quality.

4.4 Membership. Every Owner of a Lot shall be a member of the Association. If title to a Lot is held by more than one person, the membership related to that Lot shall be shared by all such persons in the same proportionate interests and by the same type of tenancy in which the title to the Lot is held. Each such membership shall be appurtenant to the Lot upon which it is based and shall be transferred automatically by conveyance ofthat Lot. No person or entity other than an Owner may be a member of the Association, provided, however, that the rights of membership may be assigned to a Mortgagee as further security for a loan secured by a lien on a Lot.

4.5 Administration. The Owners covenant and agree that the administration of the Property, the enforcement of this Declaration, and all other functions of the Association shall be in accordance with the provision of this Declaration and the Association Rules.

4.6 Meetings of the Association. All annual and special meetings of the Association shall be called, noticed and held in accordance with the Bylaws and the laws of the State of Idaho.

4.7 Voting. The Association will have two (2) classes of voting memberships.

4.7a Class A. Class A Members shall be the Owners, with the exception of the Declarant, and shall be entitled to one (1) vote for each Lot owned. When more than one (1) person holds an interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one (1) vote be cast with respect to any Lot.

4.7b Class B. The Class B Member shall be the Declarant. Upon the recording hereof, Declarant shall be entitled to two (2) votes for each Lot owned. The Class B membership shall cease and be converted to a Class A membership on January 1, 2011, or when total votes outstanding in the Class A membership equal or exceed the total votes outstanding in Class B membership, whichever event shall first occur.

4.8 Action by Written Resolution. Any action that could be approved by a duly constituted meeting of the Association may be approved by written resolution in the following fashion:

4.8a By its own motion, or upon written petition signed by at least thirty percent (30%) of the Owners, the Board of Directors shall cause a statement of the proposal to be delivered to all Owners. The statement shall set forth the proposed resolution and contain short statements from the proponents of the resolution and from the opponents of the action, if any, which fairly set forth the arguments in favor and against the proposal.

4.8b The statement shall be accompanied by a ballot containing the proposal and shall state a period of time beginning at least ten (10) days and not more than twenty-one (21) days from delivery when the ballot will be returnable to the secretary of the association or other location designated by the Board.

4.8c A statement and ballot shall be either hand delivered or mailed to each Owner at the address maintained on the records of the Association. Mail delivery shall be complete on mailing by first-class mail.

4.8d A resolution will be deemed approved upon the receipt by the appointed agent within the designated time period of affirmative ballots signed by a majority of all Owners. If the action is

one that requires a two-thirds (2/3) majority of all Owners, or two-thirds (2/3) of the Owners in attendance at a duly called meeting, the receipt of affirmative ballots signed by two-thirds (2:3) of all Owners shall be required for approval.

4.9 Board of Directors.

4.9a Composition. The business of the Association shall be conducted by a Board of Directors and the officers herein described in accordance with this Declaration. The Board of Directors shall be composed of three (3) members, each of whom must be an Owner or have an ownership interest in an entity that is an Owner. No director may fulfill his or her duties by proxy or substitute.

4.9b Election. The initial Board of Directors shall be appointed in the Articles. At the first annual meeting of the Association called for that and any other purpose, an election shall be held for the Board of Directors.

4.9c Compensation. Members of the Board of Directors, as such, shall not receive any stated salary or compensation.

4.9d Fidelity Bonds. The Board of Directors may require that all officers and employees of the Board of Directors handling or responsible for funds provide adequate fidelity bonds. The premium on such fidelity bonds shall be a common expense.

4.9e Indemnification. Each member of the Board of Directors shall be indemnified and held harmless by the Association against all costs, expenses and liabilities whatsoever, including without limitation, attorney’s fees reasonably incurred by him in connection with any proceeding to which he may become involved by reason of his being or having been a member of said body. Expenses incurred by reason of this indemnification shall be a common expense.

4.10 Officers. The officers of the Association shall be elected by the Board of Directors at its first meeting and following each annual meeting of the Association.

4.11 Administrative Rules. The Board of Directors shall have the power to adopt and establish by resolution such management and operational rules as it may deem necessary for the maintenance, operation, management and control of the Property. The Declarant may adopt the initial regulations governing the use of all Lots in the Property by the Owners without giving notice to the Owners; however, subsequent rules and regulations shall be adopted only after due notice of the proposed rules and regulations is given to the Owners and the Owners are given an opportunity to present arguments for or against such rules and regulations.

4.12 Obligation to Comply Herewith. All Owners shall comply with all provision of this Declaration and the administrative rules and regulations pertaining to the Property and shall require such compliance from their children, tenants, guests, employees and any other person whom they invite upon the Property. All agreements, decisions and determinations lawfully made by the Association shall be deemed to be binding on all Owners and shall inure to their benefit. Each Owner, any group of Owners or the Association shall have standing and authority unless otherwise provided, to enforce by any legal means, including suit for specific performance, injunctive relief or damages, the provisions of the Declaration and any duly adopted decisions or regulations of the Association.

4.13 Personal Liability. No member of the Board or any committee of the Association

(including but not limited to the Committee) or any officer of the Association, or the Declarant, or the

manager, if any, shall be personally liable to any Owner, or any other party, including the Association,

for any damage, loss or prejudice suffered or claimed on the account of any act, omission, error or negligence of the Association, the Board, the manager, if any. or any other representative or employee of the Association, the Declarant or the Committee, any other committee or any officer of the Association, or the Declarant, provided that such person has. upon the basis of such information as may be possessed by him, acted in good faith without willful or intentional misconduct.

ARTICLE V

COVENANT FOR MAINTENANCE AND ASSESSMENTS

5.1 Contract for a Lien and Personal Obligation of Assessments. Each Owner of any Lot, by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay the Association the following: regular, special and limited Assessments as hereinafter provided. By acceptance of an interest in the property, the Owner contracts and agrees that the regular, special and limited 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 delinquent Assessments shall not pass to his successor in title unless expressly assumed by such successor.

5.2 Purpose of Assessments. The purpose of the Assessments are to maintain and improve the common areas within the subdivision.

5.2a Regular and Special Assessments. Regular Assessments shall be levied by the Association and used exclusively to promote the recreation, health, safety and welfare of the residents in the Properties and for the improvement and maintenance of landscaped areas maintained by the Association, including but not limited to landscape easements, to pay property taxes and other assessments on any Common Areas, to maintain, operate and improve any Common Areas, and to pay other reasonable costs and expenses which are incurred by the Association in carrying out the duties and business of the Association. Special Assessments may be levied by the Association and used for any other expenses approved at a duly noticed and held meeting of the Association.

5.2b Limited Assessments. Limited Assessments may be levied against any Owner in an amount equal to the costs and expenses incurred by the Association, including legal fees, for corrective action necessitated by such Owner, and, further including without limitation, costs and expenses incurred for the repair and replacement of any property maintained by the Association damaged by negligent or willful acts of any Owner or occupant of a Lot who is occupying the Lot with the consent of such Owner, or for maintenance of landscaping performed by the Association which has not been performed by Owner as provided herein.

5.3 Notice and Quorum for any Action Authorized Under Section 5.2. Written notice of any meeting called for the purpose of taking any action authorized under Sections 5.2a and 5.2b shall be sent to all members not less than ten (10) days nor more than fifty (50) days in advance of the meeting. At the first such meeting called, the presence of Members or of proxies entitled to cast fifty-one percent (51%) 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 quorum at the subsequent meeting shall be forty percent (40%) of all the votes of each class of membership. No such subsequent meeting shall be held more than fifty (50) days following the preceding meeting

5.4 Initial Regular Assessment. Assessments shall be fixed by the Board of Directors. The Board of Directors of the Association may fix the amount of the regular Assessment at an amount not in excess of the maximum as established from time to time.

5.4a The maximum regular Assessment may be increased by the Board each year by not more than ten percent (10%) above the maximum Assessment for the previous year without a vote of the Members of the Association as provided below.

5.4b The maximum regular Assessment may be increased by more than ten percent (10%) by a two-thirds (2/3) vote of each class of the Members who are voting in person or by proxy at a meeting duly called and held for this purpose.

5.5 Uniform Rate of Assessment. Except as otherwise specifically provided herein, both regular and special Assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly, annual or other basis as determined by the Association from time to time.

5.6 Date of Commencement of Regular Assessments—Due Dates. The regular Assessments or any special Assessments in effect, as provided for herein, shall commence as to a Lot or Lots already conveyed by Declarant to Owners upon the recording of this Declaration and shall commence as to all other Lots upon the conveyance of the Lot or Lots from Declarant to an Owner or Owners. The Board of Directors shall fix the amount of the regular Assessment against each Lot at least (30) days in advance of each assessment period. Written notice of the regular Assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the Assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of Assessments on a Lot is binding upon the Association as of the date of its issuance.

5.7 Effect of Non-Payment of Assessments—Remedies of the Association. Any Assessment not paid within thirty (30) days after the due date shall bear interest from the due date at a rate of eighteen percent (18%) 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.

5.8 Association Lien for Unpaid Assessments. A lien shall attach to each Owner’s Lot and all real property situated thereon for unpaid Assessments and interest accruing thereon as set forth herein, which lien may be foreclosed in accordance with the laws of the State of Idaho.

5.9 Association Lien Subordinate to Mortgages. The lien of the Assessments provided for herein shall be subordinate to the lien of any first Mortgage. (Mortgage as used in this context includes conventional mortgages and deed of trust arrangements). However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, by the holder of the first Mortgage shall extinguish the lien of such Assessments as to payment which became due prior to such sale or transfer but shall not extinguish personal liability of the Owner or any lien for assessments due after transfer. No sale or transfer shall relieve such Lot from liability for any Assessments thereafter becoming due or from the lien thereof.

ARTICLE VI

ARCHITECTURAL CONTROL COMMITTEE

6.1 Members of the Committee. The Architectural Control Committee for the Property, sometimes referred to as the “Committee”, shall consist of three (3) members appointed by the Board of Directors. The Board of Directors may elect to act as the Committee. Each member of the Committee shall hold office until such time as he has resigned or has been removed or his successor has been appointed, as provided herein. Members of the Committee may be removed at any time without cause.

6.2 Review of Proposed Construction. The Committee shall consider and act upon any and all proposals or plans and specifications submitted for its approval pursuant to this Declaration, and perform such other duties as from time to time shall be assigned to it by the Board, including the inspection of construction in progress to assure its conformance with plans approved by the Committee. The Board shall have the power to determine, by rule or by written designation consistent with this Declaration, which types of improvements shall be submitted to the Committee for review and approval. The Committee shall approve proposals or plans and specifications submitted for its approval only if it deems that the construction, alterations or additions contemplated thereby in the locations indicated will not be detrimental to the appearance of any structure affected thereby and will be in harmony with the surrounding structures, and that the upkeep and maintenance thereof will not become a burden on the Association. The Committee may make provision in its rules and guidelines for implementation and maintenance of value standards that will carry out such intent.

6.2a Conditions on Approval. The Committee may condition its approval of proposals or plans and specifications upon such changes therein as it deems appropriate, or upon the agreement of the Owner submitting the same (hereafter “Applicant”) to grant appropriate easements to the Association for the maintenance thereof, or upon the agreement of the Applicant to reimburse the Association for the cost of maintenance, or upon all three (3), and may require submission of additional plans and specifications or other information before approving or disapproving material submitted.

6.2b Committee Rules and Fees. The Committee also may establish, from time to time, rules and/or guidelines setting forth procedures for the required content of the applications and plans submitted for approval. Such rules may require a fee to accompany each application for approval, or additional factors which it will take into consideration in reviewing submissions. The Committee shall determine the amount of such fee in a reasonable manner, provided that in no event shall such fee exceed One Hundred Fifty Dollars ($150.00). Such fees shall be used to defray the costs and expenses of the Committee or for other purposes established by the Board. Such rules and guidelines may establish, without limitation, procedures, specific rules and regulations regarding design and style elements, landscaping and fences and other structures such as animal enclosures, as well as special architectural guidelines applicable to Lots located adjacent to public and/or private open space.

6.2c Detailed Plans. The Committee may require such detail in plans and specifications submitted for its review as it deems proper, including without limitation, floor plans, landscape plans, drainage plans, elevation drawings, specification, and descriptions or samples of exterior materials and colors. Until receipt by the Committee of any required plans and specifications, the Committee may postpone review of any plan submitted for approval.

6.2d Committee Decisions. Decisions of the Committee and the reasons therefore shall be transmitted bv the Committee to the Applicant at the address set forth in the application for approval within ten (10)”business days after filing all materials required by the Committee. Any materials submitted pursuant to this Article shall be deemed approved unless written disapproval by the Committee shall have been mailed to the Applicant within ten (10) business days after the dated of the tiling of said materials with the Committee. The said ten (10) day period shall only commence to run when an authorized representative of the Committee has executed an applicable form acknowledging acceptance of such application and acknowledging that such application is complete.

6.3 Meetings of the Committee. The Committee shall meet from time to time as necessary to perform its duties hereunder. The Committee may from time to time by resolution unanimously adopted in writing, designate a Committee Representative (who may, but not need be, one of its members) to take any action or perform any duties for and on behalf of the Committee, except the granting of variances pursuant to Section. In the absence of such designation, the vote of any two (2) members of the Committee, or the written consent of any two (2) members of the Committee taken without a meeting, shall constitute an act of the Committee.

6.4 No Waiver of Future Approvals. The approval by the Committee of any proposals or plans, specifications or drawings for any work done or proposed, shall not be deemed to constitute a waiver of any right to withhold approval or consent as to any similar proposals, plans and specifications, drawings or matter whatever, subsequently or additionally submitted for approval or consent.

6.5 Compensation of Members. The members of the Committee shall receive no compensation for services rendered, other than reimbursement for expenses incurred by them in the performance of their duties hereunder, except as otherwise agreed by the Board.

6.6 Inspection of Work. Inspection of work and correction of defects therein shall proceed as follows:

6.6a Upon the completion of any work for which approved plans are required under this Article, the Owner shall give written notice of completion to the Committee.

6.6b Within sixty (60) days thereafter, the Committee or its duly authorized representative may inspect such improvement. If the Committee finds that such work was not done in substantial compliance with the approved plans, it shall notify the Owner in writing of such noncompliance within such sixty (60) day period, specifying the particular noncompliance, and shall require the Owner to remedy the same.

6.6c If for any reason the Committee fails to notify the Owner of any noncompliance within sixty (60) days after receipt of the written notice of compliance from the Owner, the improvement shall be deemed to be in accordance with the approved plans.

6.7 Non-Liabilitv of Committee Members. Neither the Committee nor any member thereof, nor its duly authorized Committee representative, shall be liable to the Association, or to any Owner for any loss, damage or injury arising out of or in any way connected with the performance of the Committee’s duties hereunder, provided such person has. upon the basis of such information possessed by him, acted in good faith without willful or intentional misconduct. The Committee shall review and approve or disapprove all plans submitted to it for any proposed improvement, alteration or addition, solely on the basis of aesthetic considerations and the overall benefit or detriment which would result in the immediate vicinity and to the Property generally. The Committee shall take into

consideration the aesthetic aspects of the architectural designs, placement of building, landscaping, color schemes, exterior finishes and materials and other similar features, but shall not be responsible for reviewing, nor shall its approval of any plan or design be construed in any way to relate to, structural safety of buildings and improvements or their conformance with building or other codes.

6.8 Variances. The Committee may authorize variances from compliance with any of the architectural provisions of this Declaration, including restrictions upon height, size, floor area or placement of structures, or similar restrictions, when it deems such action appropriate because of the existence of circumstances such as topography, natural obstructions, hardship, aesthetic or environmental considerations. Such variances must be evidenced in writing, must be signed by at least two (2) members of the Committee, and shall become effective upon recordation in the Office of the County Recorder of Bonneville County. If such a variance is granted, no violation of the Restrictions contained in this Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Declaration, for any purpose, except as to the particular property and particular provision covered by the variance, nor shall it affect in any way the Owner’s obligation to comply with all governmental laws and regulations affecting his use of the premises, including but not limited to, zoning ordinances and Lot Set Back lines or requirements imposed by any governmental or municipal authority.

ARTICLE VII

EASEMENTS

7.1 Utility and Drainage. Easements for installation, use and maintenance of utilities and drainage facilities are reserved as shown on the recorded Plats. No Improvement shall be placed or permitted to remain which may damage or interfere with the installation, use and maintenance of facilities in the case of utility easements or which may cause obstruction or be subject to damage from runoff waters in the case of drainage easement. The easement areas of each Lot and all Improvements shall be maintained continuously by the Owner of the Lot, except for those Improvements for which a public authority or utility company is responsible or any easements maintained by the Association.

7.2 Landscape and Maintenance. Declarant shall have the right to designate on any Plat or to subsequently grant to the Association easements for landscaping and maintenance of certain portions of the Property as Common Areas. Such easements will permit the Association to plaint, maintain, control, repair, remove and replace vegetation, landscaping, fences and other improvements within such Common Areas.

ARTICLE VIII

ANNEXATION OF ADDITIONAL PROPERTIES

8.1 Right of Annexation. Declarant may, in Declarant’s sole discretion, deem it desirable to annex other properties to the Property covered by this Declaration. The annexed properties may, in Declarant’s sole discretion, be used and developed for any purpose allowed under the applicable zoning regulations. Such other properties may be annexed to the Property and brought within the provisions of this Declaration by Declarant, at any time and from time to time, so long as Declarant still owns at least one Lot within the Property, without the approval of any Owner, the Association or its Board of Directors. Thereafter annexation may occur on the affirmative vote of the Board of the Association.

8.2 Method of Annexation. Annexation as authorized above shall be accomplished by recording in the Office of the County Recorder of Bonneville County, Idaho, a Supplemental Declaration describing the property to be annexed and extending the plan of this Declaration to such property.

8.3 Supplemental Declarations. A Supplement Declaration may supplement this Declaration with such additional or different covenants, conditions, restrictions, reservations and easements as Declarant may deem appropriate for the other properties or portions thereof and may delete or eliminate as to such properties such covenants, conditions, restrictions, reservations and easements as Declarant deems not appropriate for the other properties. Said additional provisions may include, but need not be limited to, architectural control requirements, provisions for special maintenance, use restrictions, limited common areas, party walls, parking regulations and any other matters of common, concern to Owners of any Lots in the annexed property. No provisions, covenants, conditions or restrictions contained in the Supplemental Declaration shall be considered applicable to any property except property described in a Supplemental Declaration unless otherwise expressly provided.

8.4 Effect of Annexation. Upon recording a Supplemental Declaration, (i) all the property described or covered by the Supplemental Declaration shall be deemed subject to this Declaration as if the annexed property was part of the Property originally specified in and subject to this Declaration, except as specifically stated in the Supplemental Declaration, and subject to the additional or different provisions, covenants, conditions and restrictions that may be stated in the Supplemental Declaration, and (ii) the Association shall have and shall accept and exercise jurisdiction over such annexed property as a part of the Property. In the event of conflict or inconsistency between a Supplemental Declaration and this Declaration, the terms of the Supplemental Declaration shall prevail as to the particular annexed property described or covered by that Supplemental Declaration.

ARTICLE IX

GENERAL PROVISIONS

9.1 Enforcement. The Association or any Owner, shall have the right to enforce, by proceedings at iaw 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.

9.2 Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provision which shall remain in full force and effect.

9.3 Interpretation. The terms, covenants and conditions hereof are to be read and interpreted consistently and in a manner to protect Property values.

9.4 Term and Amendment. The covenants and restrictions of this Declaration shall be perpetual and shall run with and bind the land. This Declaration may be amended, restated, replaced, terminated or superseded by an instrument signed by the President and Secretary of the Association affirming that such amendment was approved by two-thirds (2/3) of the Owners of the Lots covered by this Declaration at a duly noticed and held meeting of the Association of the Owners.

9.5 Effective Date. This Declaration shall be effective upon recording.

9.6 Design Approval. All plans submitted to the Architectural Control Committee shall be of an architectural quality prepared by a licensed architect or approved home designer. The Architectural Control Committee shall reject materials, designs and colors submitted with the plans, and the plans themselves, it’they are not compatible or are inappropriate with the overall plan of the subdivision.

The design review process has two steps: Sketch Plan Review and Final Plan Approval. It is recommended that owners follow this two step process for any major building project, however, owners may submit materials for Final Plan Review and Approval without a Sketch Plan Review.

The Plan Review addresses the planned improvements, building elevations, building sections, roof design, architectural character or expression, exterior materials, site conditions, grading, drainage and erosion control measures.

The Plan Review & Approval involves reviewing the following:

[ ____ ] Site sections indicating location, extend of cut and fill, retaining walls, etc.

[ ____ ] Floor Plans (Scale: 1/8″ = l’-0″)

[ ____ ] Exterior Elevations of all sides of proposed buildings (Scale: 1/8″ = l’-0″)

[ ____ ] Roof Design (Scale: 1/8″ = l’-0″)

[ ____ ] Breakdown of all Exterior Materials and Colors

[ ____ ] Building Height Sketch showing height.

[ ____ ] Written Statement summarizing setback, height and square footage or proposed construction and whether any variance requests will be made.

Architectural Control Committee will notify owner in writing of the Plan Approval decision within 10 days. Upon issuance of written approval, owner may apply for a building permit and design approval from the governing authorities. A penalty of $1,000 will be assessed if construction is started, ie moving dirt or digging, before Architectural Control Committee has reviewed and approved the plans of the project.

Note: AFTER PLAN APPROVAL HAS BEEN OBTAINED, NO CHANGE FROM

APPROVED PLANS SHALL BE MADE WITHOUT THE REVIEW AND WRITTEN

APPROVAL OF THE ARCHITECTURAL CONTROL COMMITTEE.

Founders Pointe Subdivision

Annual HOA Meeting and BBQ

Neighborhood Clean-up and BBQ

CC&Rs

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