|Covenants and Bylaws - Adopted 2015|
SECOND AMENDED AND RESTATED
Located in Rich County, State of Utah
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THIS Second Amended and Restated Declaration is made as of the date of the recording in the Rich County Recorder’s Office by the Sweetwater Park Trailer & Camper Park Property Owners Association, Inc., a Utah Nonprofit Corporation (“Association”).
1. This Declaration supersedes and replaces in its entirety the previously recorded Sweetwater Park Trailer & Camper Park Property Owners Association (“Prior Declaration”) that was recorded as Entry No. _________ [k2] on March 16, 1987, at the Rich County Recorder's Office, and any amendment thereto[V3] .
2. The Bylaws of the Association are attached as Exhibit B supersede and replace any previous Bylaws and any of its amendments.
3. The Camper and Trailer Park, although physically divided into lots, was marketed by Sweetwater in the form of undivided interests. Undivided interest purchasers in Phases I, II & III bought 3/768 of the real property tract encompassing Phases I, II & III per "lot"; undivided interest purchasers in Phase IV bought 3/186 of the real property tract encompassing Phase IV per "lot".
4. In 1986, the First Judicial District Court of Rich County partitioned Phases I, II & III and Phase IV of the Trailer and Camper Park into individually-owned lots as laid out by Sweetwater plus jointly-owned common areas and roads.
6. The Association is the authorized representative of the Owners of certain real property known as the Sweetwater Park Trailer & Camper Park Property, located in Rich County, State of Utah and more particularly described on Exhibit A attached to and incorporated in this Declaration by reference.
7. This Property consists of 421 Lots and certain Common Areas, and Limited Common Areas. The name by which the Project shall be known is “Sweetwater Park Trailer & Camper Park Property.”
8. Pursuant to Article VI, Section 6 of the Prior Declaration, this Declaration has been voted on and approved by at least 2/3 of all Association votes.
9. The Association desires to establish, for its own benefit and for the mutual benefit of all future Owners and occupants of the Project, certain covenants, conditions, restrictions, easements, rights, privileges, Assessments and liens as set forth in this Declaration.
1. The Property described with particularity on Exhibit A attached hereto and incorporated herein by this reference is hereby re-submitted to the Act.
2. The Property is made subject to, and shall be governed by the Act, this Declaration, and the covenants, conditions and restrictions set forth herein. The Property is also subject to the right of Garden City to access the roads within the Project for emergency vehicles, service vehicles, and to all of the utility installations up to the residential meters.
3. The Property is subject to described easements and rights of way. Easements and rights-of-way in favor of Rich County include any dedicated roadways and public utility easements and are depicted on the Record of Survey Map, together with all easements, rights-of-way, and other appurtenances and rights incident to, appurtenant to, or accompanying the above-described parcel or real property.
In consideration of the Recitals above, the Association, in order to further preserve and maintain the integrity and of the Project, declares that the Property shall be held, sold and conveyed subject to the following easements, covenants, conditions and restrictions, which run with the Property and are binding upon all parties having or acquiring any right, title, or interest in such Property or any part thereof and shall inure to the benefit of each owner thereof.
When used in this Declaration (including the “Recitals” and “Submission”), the following terms have the meaning indicated. Defined terms in this Article are capitalized in this Declaration. Terms that are applicable to a single section are defined in that section. Any term used in this Declaration which is defined by the Act, to the extent permitted by the context of this Declaration, has the meaning given by the Act. This Declaration incorporates all terms defined in the Act under Utah Code Ann. § 57-8a-102.
1.1 “Act” means the Utah Community Association Act as codified in Utah Code Ann. §§ 57-8a, as amended from time to time. The Association explicitly makes it subject to any amendments to the Act.
1.2 “Architectural Control Committee” or “AC Committee” means the architecture committee appointed by the Board of Trustees of the Association. If no architecture committee is in existence, any duties, powers, rights and authorities given to the Architecture Control Committee by this Declaration may be exercised by the Board of Trustees.
1.3 “Annual Assessment” means Assessments levied to cover the costs of maintenance and services and future needs of the Association, any previous over-Assessments, any common profits of the Association, and reserve or contingency.
1.4 “Assessment” means any charge imposed or levied by the Association on or against an Owner or Lot pursuant to the terms of this Declaration, the Bylaws, or applicable law.
1.5 “Association” means Sweetwater Park Trailer & Camper Park Property Owners, Inc., a Utah nonprofit corporation, its successors and assigns, formed to manage the affairs of the Project.
1.6 “Board of Trustees” or “Board” means the body responsible for the administration of the Association, elected as provided in the Bylaws and generally serving the same role as a Board under the Revised Non-Profit Corporations Act.
1.7 “Bylaws” means the Bylaws of the Association and recorded simultaneously with this Declaration as Exhibit B, as they may be amended from time to time.
1.8 “Common Areas” means those areas of land shown on the Map and marked as “Common areas” and/or intended to be devoted to the common use and enjoyment of the owners of the Lots as well as all equipment, fixtures, and personal property on the common areas. The Common Areas are more extensively defined in Article 2. Common Areas do not include Lots. Equipment purchased or used for the maintenance of the Common Areas is not considered and is not included within the definition of “Common Areas.”
1.9 “Declaration” means this document, including all attached exhibits.
1.10 “Emergency Assessment” means Assessments levied under Article 8 of this Declaration in the event that levied Annual Assessments at any time are, or will become, inadequate to meet all expenses incurred under this Declaration.
1.11 “Governing Documents” means this Declaration, Bylaws, any Articles of Incorporation for the Association, and any Rules.
1.12 “Improvement” means every temporary or permanent structure or improvement of any kind, including, without limitation, sidewalks, fences, walls, driveways, swimming pools, storage shelters or other product of construction efforts on or in respect to any property within Sweetwater Park Trailer & Camper Park Property, including any alteration or reconstruction thereof.
1.13 “Individual Assessment” means an Assessment levied exclusively against a Lot or certain Lots under Article 8.
1.14 “Limited Common Area” means Common Areas allocated for the exclusive use of one or more Lot owners.
1.15 “Lot” means any plot of land upon which is located a dwelling or which is intended for the location of a dwelling. Lots are identified on the Record and Survey Map. Lots are not part of and do not include the Common Areas as defined in this Declaration. Lots also do not include the streets within the Property, which are privately owned by the Association, and not dedicated to the public as shown upon the Map.
1.16 “Member” means any Owner who qualifies as a member of the Association.
1.17 “Mortgage” includes a mortgage or a trust deed.
1.18 “Mortgagee” includes a mortgagee under a mortgage and a beneficiary under a trust deed.
1.19 “Owner” means the owner of record (in the office of the Recorder of Rich County, Utah), whether one or more persons or entitled to the fee simple title. If a Lot is being purchased under a real estate contract, “Owner” means the real estate contract purchaser or real estate contract purchasers of that Lot. The term “Owner” does not include any Mortgagee unless and until that Mortgagee acquired title pursuant to foreclosure or any other method in lieu of foreclosure.
1.20 “Project” means this Sweetwater Park Trailer & Camper Park Property.
1.21 “Property” means the land described in Exhibit A along with all the buildings, Improvements, easements, rights and appurtenances as well as all articles of personal property intended for use in connection therewith.
1.22 “Record and Survey Map” or “Map” means any record of survey map of the Property on record with the County Recorder of Rich County, Utah.
1.23 “Reserve Fund” means the fund established by the Association for covering the cost of repairing, replacing, and restoring Common Areas that have a useful life of three years or more, excluding costs that can reasonably be funded from the Association’s general budget or from other Association funds.
1.24 “Rules” means any rules, regulations, guidelines, resolutions, or the like adopted from time to time by the Board of Trustees or, as allowed herein, by the Architectural Control Committee that are deemed necessary for the enjoyment and benefit of the Project.
1.25 “Special Assessment” means an Assessment levied under Article 8 of this Declaration during any fiscal year, applicable to that year only, for the purpose of deferring all or any part of the cost of any construction or reconstruction, unexpected repair, or acquisition or replacement of a described capital improvement, or for any other one-time expenditure not to be paid for out of Annual Assessments.
1.26 “Swimming Pool Area” means the land described as the Clubhouse, which includes changing and restrooms, Park, and Swimming Pool Area in Exhibit A.
1.27 “Water, Electrical, Garbage, and Sewer Assessments” means an Assessment levied for the use of culinary water, electric current, garbage removal, and sewer services.
2.1 DESCRIPTION OF COMMON AREAS. The Common Areas shall include those areas designated as such on the Map, including, but not limited to, the Swimming Pool Area, all common landscaped areas, private roads and sidewalks, and perimeter fencing; any utility pipes, lines, culinary water and sewer systems or other systems serving more than one Lot; and, in general, all apparatuses and installations existing for common use and all repairs and replacements of any of the foregoing.
2.2 TITLE TO COMMON AREAS. The Common Areas are owned in common by all Owners, with legal title in the name of the Association. No Owner may bring an action for partition of the Common Areas or the Swimming Pool Area except as specifically provided in this Declaration. Provided, however, that no Owner shall attempt to or shall have the right to mortgage or otherwise encumber the Common Areas, except as to the appurtenant undivided interest therein of the Owner’s Lot.
2.3 OWNER'S EASEMENTS OF ENJOYMENT. Subject to the provisions of this Article, every Owner and his or her invitees shall have a right and easement of enjoyment in and to the Common Areas, which easement shall be appurtenant to and pass with the title to every Lot.
2.4 EXTENT OF OWNERS' RIGHTS. The rights and easements of enjoyment in the. Common Areas created hereby shall be subject to the following and all other provisions of this Declaration:
a. EASEMENTS. The Association holds the following easements over, under, and upon the Common Areas and Property:
i. Utilities. An easement on all Common Areas for underground installation and maintenance of power, gas, electric, water, sewer, and other utility and communication lines and services and any such easement shown on the Map. If repairs to those lines require that a trailer, camper, or other structure be moved, the Owner of the lot shall be responsible to promptly move the trailer, camper, or other structure, and to bear all costs associated with such move;
ii. Common Areas. An easement for construction, maintenance, repair, and use of Common Areas, including common facilities thereon; and
iii. Repairs to Common Areas. An easement for the purpose of making repairs to any existing structures on Common Areas. The Association may (and, to the extent required by law, shall) grant or assign such easements to municipalities or other utilities performing utility services and to communication companies, and the Association may grant free access thereon to police, fire, and other public officials and to employees of utility companies and communications companies serving the Property.
b. USE OF THE COMMON AREAS.
i. Partitions. Except as otherwise provided in this Declaration, the Common Areas shall not be partitioned or otherwise divided into parcels for residential use, and no private structure of any type shall be constructed on the Common Areas.
ii. Private Use Prohibited. Except as otherwise provided in this Declaration, the Common Areas shall be reserved for the use and enjoyment of all Owners and no private use may be made of the Common Areas.
iii. Common Area Alterations. No alterations or changes to the Common Areas, including but not limited to landscaping changes, shall be done without prior written consent of the Board and Architectural Control Committee.
iv. Signs. Nothing herein shall prevent the placing of a sign or signs upon the Common Areas identifying the subdivision or identifying items of interest, provided such signs are approved by the Architectural Committee and comply with any applicable Rich County sign ordinance.
v. Trespass. The Board of Trustees of the Association shall have authority to abate any trespass or encroachment upon the Common Areas at any time, by any reasonable means and with or without having to bring legal proceedings.
c. ALIENATION OF THE COMMON AREAS. The Association may not by act or omission seek to abandon, partition, subdivide, or encumber the Common Areas owned directly or indirectly by the Association for the benefit of the Lots unless the holders of at least sixty-seven percent (67%) of the Association voting Members have given their prior written approval. This provision shall not apply to the easements described in Section 2.4(a) above.
d. LIMITATIONS ON USE. Lots may be used for single-family residential purposes only. Use of the Common Areas by the Owners is subject to the provisions of this Declaration and to the following:
i. The right of the Association to suspend such use rights of an Owner to the extent provided in Article 9 below; and
ii. The right of the Association to adopt, amend, and repeal Rules in accordance with this Declaration.
iii. The right of the Association to impose reasonable limitations on the number of guests per Owner or per Lot who at any given time are permitted to use the Property
2.5 DELEGATION OF USE. Any Owner may delegate, in accordance with the Governing Documents, his right of enjoyment of the Common Areas to the members of his family and to tenants or contract purchasers who reside on the Property.
3.1 USE AND OCCUPANCY. The Owner of a Lot in the Property shall be entitled to the exclusive use and benefit of such Lot, except as otherwise expressly provided in this Declaration, but the Lot shall be bound by and the Owner shall comply with the restrictions contained in Article 4 below, all other provisions of this Declaration for the mutual benefit of all Owners and any Rules.
3.2 MAINTENANCE EASEMENT. The Association reserves an easement for landscaping not kept in good maintenance and repair.
3.3 UTILITY EASEMENTS. Easements for installation and maintenance of utilities, water, sewer, and drainage facilities may be reserved over portions of certain Lots, as shown on the Map. Within the easements, no structure, planting, or other material shall be placed or permitted to remain which may damage or interfere with the installation or maintenance of utilities, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water, through drainage channels in the easement. The easement area of each Lot and all Improvements in it shall be maintained continuously by the Owner of the Lot, except for those Improvements for which a public authority or utility company is responsible.
4.1. RIGHT TO USE. Each Owner shall have a right to the use and enjoyment of its Lot, all easements, rights-of-way, licenses or rights appurtenant thereto, the Swimming Pool Area, and all Common Areas and roads in the Project. Such right shall be appurtenant to and shall pass with each Lot and shall be subject to the Rules promulgated and adopted by the Association, through its Board, from time to time, and as hereinafter provided.
a. Generally. Lots shall only be used for residential purposes. Except with the consent of the Board of Trustees of the Association, no trade, craft, business, profession, commercial, or similar activity or any kind shall be conducted on any Lot, nor shall any goods, equipment, vehicles, materials, or supplies used in connection with any trade, service, or business be kept or stored on any Lot.
b. Commercial Use Approval. The Board of Trustees shall not approve commercial activities otherwise prohibited by this paragraph unless the Board of Trustees determines that only normal residential activities would be observable outside of the residence and that the activities would not be in violation of applicable Rich County ordinances.
4.3. OFFENSIVE OR UNLAWFUL ACTIVITIES. No noxious or offensive activities shall be carried on upon any Lot or Common Area, nor shall anything be done or placed on any Lot or Common Area which interferes with or jeopardizes the quiet use and enjoyment of other Lots or the Common Areas, or which is a source of annoyance to residents. No unlawful use shall be made of a Lot or any part thereof, and all valid laws, zoning ordinances and regulations of all governmental bodies having jurisdiction thereof shall be observed.
a. Generally. No animals, livestock, or poultry of any kind shall be raised, bred or kept, or permitted within any Lot other than a reasonable number of household pets which are not kept, bred, or raised for commercial purposes and which are reasonably controlled so as not to be a nuisance. Any inconvenience, damage, or unpleasantness caused by such pets shall be the responsibility of the respective owners thereof.
b. Dogs. No dog shall be permitted to roam the Property unattended, and all dogs shall be kept on a leash while outside a Lot.
c. Pet Enclosures. All outdoor pet enclosures must be approved by the Architectural Control Committee.
d. Rules. The Board may adopt Rules relating to animals and pets, including but not limited to, the types of animals permitted in the Project, pet quantity limitations, pet behavior, pet clean-up, pet noise and other pet nuisances, removal of pets, etc.
e. Violations. An Owner or resident may be required to remove a pet upon receipt of the third notice in writing from the Board of Trustees of violations of any Rule or restriction governing pets within the Property.
a. Responsibility of Owners. Each Owner shall maintain his Lot and Improvements thereon in a clean and attractive condition, in good repair, and in such fashion as not to create a fire hazard. Such maintenance shall include, without limitation, painting, repair, replacement, and care for roofs, gutters, downspouts, exterior building surfaces, walks, and other exterior Improvements and glass surfaces. In addition, each Owner shall keep all shrubs, trees, grass, and plantings of every kind on his Lot neatly trimmed, properly cultivated and free of trash, weeds, and other unsightly material.
b. Repainting and Remodeling. All exterior repainting, restaining, or remodeling shall be subject to any guidelines or regulations adopted by the Architectural Control Committee relating to any color schemes, material requirements, or any additional requirements.
c. Violations. If not regularly completed in accordance with the Rules of the Association, the Association may, but is not obligated to, enter the Lot, remove the trash, weeds, or other unsightly material; or perform any necessary exterior maintenance work and assess the costs against the Owner of the Lot, including vacant Lots or Lots under construction.
d. Damage from Force Majeure. Damage caused by fire, flood, storm, earthquake, riot, vandalism, or other causes shall likewise be the responsibility of each Owner and shall be restored within a reasonable period of time.
a. Street Parking. All motor vehicles of the Owner or occupants shall be parked in the Lot’s off-street parking area. Guests may park on the street, but only during the hours of 6:00 am – 11:59 pm. Street parking is not allowed during snow storms, with accumulation of 2 inches or more of snow, to allow for snow removal.
b. Boats and Trailers. No disabled, unlicensed, unsightly, or inoperable boats, boat trailers, travel trailers, campers, recreational vehicles, vans, or other vehicles shall be parked or kept anywhere on the Property. Maintenance or repair of motor vehicles shall not be permitted on the Property unless approved, in writing, by the Board of Trustees.
c. Loud Vehicles. Motor vehicles with loud mufflers or exhaust systems shall not be permitted on the Property.
d. Motorcycles and Scooters. Motorcycles, motorbikes, motor scooters, golf carts, all-terrain vehicles, and similar vehicles shall be permitted on the Property only if they are owned by residents of the Property. Motorcycles, motorbikes, motor scooters, golf carts, all-terrain vehicles, and similar vehicles are limited to street usage only.
e. Garages. Garages, carports or similar structures may not be used nor completed for living quarters, businesses, or commercial workshops.
f. VEHICLES IN DISREPAIR. No Owner shall permit any vehicle which is in an extreme state of disrepair to be abandoned or to remain parked upon any Lot or on the Common Areas or on any street for more than twenty-four (24) hours. A vehicle shall be deemed in an "extreme state of disrepair" when the Board of Trustees reasonably determines that its presence offends the occupants of the neighborhood. Should any Owner fail to remove such vehicle, the Association may have the vehicle removed from the Property and charge the expense of such removal to the Owner.
g. SIGNS. No signs shall be erected or maintained on any Lot except that one temporary sign not exceeding three (3) feet by five (5) feet in size, advertising the specific Lot for sale or rent or a construction sign may be displayed on the premises affected. The restrictions contained in this paragraph shall not prohibit the temporary placement of “political” signs on any Lot by any Owner. No sign shall be erected or maintained for more than three (3) months upon any Lot.
h. RUBBISH AND TRASH. No Lot or part of the Common Areas shall be used as a dumping ground for trash or rubbish of any kind. All garbage and other waste shall be kept in appropriate sanitary containers for proper disposal and out of public view. Yard rakings, dirt, and other material resulting from landscaping work shall not be dumped onto streets, Common Areas, or on any Lots. Should any Owner fail to remove any trash, rubbish, garbage, yard rakings, or any such materials from any Lot, any streets or Common Areas where deposited by him within five (5) days following the date which notice is sent to him by the Board of Trustees of the Association, the Association may have such materials removed and charge the expense of such removal to the Owner. All appliances, furniture, construction materials, and the like shall be taken to the Rich County landfill at its owner’s expense.
i. COMMENCEMENT AND COMPLETION OF CONSTRUCTION. In any case, all unimproved Lots shall be kept in a neat and orderly condition, free of brush, vines, weeds, and other debris, and any grass thereon shall be cut or mowed at sufficient intervals to prevent creation of a nuisance or fire hazard. The construction of any building on any Lot, including painting and all exterior finish, shall be completed within six (6) months from the beginning of construction so as to present a finished appearance when viewed from any angle. In the event of undue hardship due to weather conditions, this provision may be extended for a reasonable length of time upon written approval from the Architectural Control Committee. The building area shall be kept reasonably clean and in workmanlike order, free of litter, during the construction period with a garbage can or other garbage disposal facility on the site during such period.
j. LANDSCAPE. Each Owner shall properly maintain the lawn and shrubbery and the exterior of any structures located on the Lot in a neat and trimmed condition in accordance with the Rules. Owners shall not leave any tools or other unsightly objects in the lawn of their Lots for more than 24 hours. The Association has the right to repair any landscaping not kept in good maintenance and repair. The Association may levy an Individual Assessment against the Lot for costs in repairing or maintaining any landscaping for that Lot.
k. FENCES. All approved fences shall be constructed of materials approved by the Architectural Control Committee. Fences shall not exceed height or location allowed by Rich County Code. No fences shall have a gate opening onto or granting any access, ingress or egress to property outside the Project, unless prior written approval is granted by the Architectural Control Committee.
l. EXTERIOR LIGHTING OR NOISE-MAKING DEVICES. Except with the consent of the Architectural Control Committee, no exterior lighting or noise-making devices shall be installed or maintained on any Lot, other than security and fire alarms, and accent house/yard lighting. Owners shall ensure that exterior lights are covered with a full-cutoff shield or similar installation so that exterior light bulbs are not visible from neighboring Lots or otherwise directed in a way that shines unnecessarily on neighboring Lots.
m. PEST CONTROL. No Owner shall permit anything or condition to exist upon any portion of the Property which shall induce, breed, or harbor infectious plant diseases or noxious insects or vermin.
a. Additional Use Restrictions. In addition, the Association, through the Board of Trustees, from time to time, may adopt, modify, or revoke Rules governing the conduct of persons and the operation and use of Lots and the Common Areas as it may deem necessary or appropriate in order to assure the peaceful and orderly use and enjoyment of the Property.
b. Delivery of Rules. A copy of the Rules, upon adoption, and a copy of each amendment, modification, or revocation thereof, shall be delivered by the Association Board of Trustees promptly to each Owner and shall be binding upon all Owners and occupants of all Lots ten (10) days after the date of sending notice. Association Rules may be modified, amended, or revoked through the Board of Trustees without the vote of the membership, but must not be inconsistent with this Declaration or the Bylaws.
c. Fines. The Association may assess a fine against any Owner for violation of the Governing Documents. Any unpaid fines may be collected by the Association as an unpaid Assessment as provided in Article 8.
o. DIVISION OF LOTS. No division of any Lot shall occur without the written consent of the Architectural Control Committee and the Association’s Board of Trustees.
a. Purpose. It is the intent and purpose of this Declaration to assure quality of workmanship and materials, to assure harmony of external design with the existing Improvements and landscapes, and as to location with respect to topography and finished grade elevations, and to avoid plan repetition.
b. Submission to the AC Committee. No building, Improvement, addition, or landscaping shall be commenced, erected, placed, installed, or altered on any Lot until the construction plans and specifications showing the nature, shape, heights, materials, colors, and proposed location of the Improvement have been submitted to and approved in writing by the Architectural Control Committee. The AC Committee is not responsible for determining compliance with structural and building codes, zoning codes, or other governmental regulations, all of which are the responsibility of the applicant.
c. Adoption of Design Guidelines. The procedure and specific requirements for review and approval of residential construction may be set forth in Design Guidelines adopted from time to time by the Architectural Control Committee. In all cases in which the Architectural Control Committee consent is required by this Declaration, the provisions of this Article shall apply.
a. Time for Decision. The Architectural Control Committee shall render its decision with respect to the construction proposal within thirty (30) days after receiving a proper and complete application.
b. Requirements for Submission. Any proposal application is not deemed submitted until: (1) all documents and plans pertaining to the proposal have been given to the AC Committee, and (2) the applicant has received written acknowledgement of receipt by a member of the AC Committee. The date stated on the AC Committee’s written acknowledgment shall begin the timeframe for the review and decision.
c. Failure to Render Decision. In the event the AC Committee fails to render its approval or disapproval within the thirty (30) day period, or if no suit to enforce this Declaration has been commenced within one (1) year after completion thereof, approval will not be required and the related provisions of this Declaration shall be deemed to have been fully complied with.
a. Decision. The Architectural Control Committee may, at its sole discretion, withhold consent to any proposed work if the AC Committee finds any proposal application does not contain sufficient detail, or the proposed work would be inappropriate for the particular Lot or incompatible with the design standards that the AC Committee intends for the Project.
b. Standard. Considerations such as shape, size, color, design, height, solar access, impairment of the view from other Lots within the Project or other effect on the enjoyment of other Lots or the Common Areas, disturbance of existing terrain and vegetation and any other factors which the Committee reasonably believes to be relevant, may be taken into account by the AC Committee in determining whether or not to consent to any proposed work.
a. Number and Composition. The Architectural Control Committee shall consist of as many persons, but not less than four, as the Association Board of Trustees may from time to time appoint. The Association shall keep on file at its principal office a list of the names and addresses of the members of the AC Committee. In the event that the Board of Trustees fails to appoint an Architectural Control Committee, the Board of Trustees shall serve as the Architectural Control Committee.
b. Removal. The Association Board of Trustees may remove any member of the Architectural Control Committee from office at any time and may appoint new or additional members at any time.
5.5. MAJORITY ACTION. Except as otherwise provided in this Declaration, a majority of the members of the Architectural Control Committee shall have the power to act on behalf of the AC Committee, without the necessity of a meeting, and without the necessity of consulting the remaining members of the AC Committee. The AC Committee may render its decision only by written instrument setting forth the action taken by the members consenting thereto.
5.6. LIABILITY. Neither the Architectural Control Committee nor any member thereof shall be liable to any Owner, occupant, builder, or developer for any damage, loss, or prejudice suffered or claimed on account of any action or failure to act of the AC Committee or a member thereof, provided that the member has, in accordance with the actual knowledge possessed by him, acted in good faith.
5.7. NONWAIVER. Consent by the Architectural Control Committee to any matter proposed to it or within its jurisdiction shall not be deemed to constitute a precedent or waiver impairing its right to withhold approval as to any similar matter thereafter proposed or submitted to it for consent.
a. Board Consent. Once the Architectural Control Committee approves an application, the Committee’s decision shall be forwarded to the Board of Trustees.
b. Appeal. The decision of the AC Committee may, at the request of any of the parties affected be appealed to the Board of Trustees. If appealed, the decision of the Board shall be final, binding, and conclusive on all of the parties affected.
5.9. EFFECTIVE PERIOD OF CONSENT. The Architectural Control Committee's consent to any proposed work shall automatically be revoked one (1) year after issuance unless construction of the work has been commenced or the Owner has applied for and received an extension of time from the AC Committee.
5.10. CONSTRUCTION. Once begun, any Improvements, construction and landscaping approved by the Committee shall be diligently prosecuted to completion within one year.
6.1. NAME. An association of all of the Owners within the Property was lawfully organized under the name “Sweetwater Park Trailer & Camper Park Property Owners, Inc.”.
a. Creation. The Association was organized and created as a nonprofit corporation under the general nonprofit corporation laws of the State of Utah.
b. Dissolution. The Articles of Incorporation of the Association provide for its perpetual existence, but in the event the Association is at any time dissolved, whether inadvertently or deliberately, it shall automatically be succeeded by an unincorporated association of the same name. In that event all of the property, powers, and obligations of the incorporated Association existing immediately prior to its dissolution shall thereupon automatically vest in the successor unincorporated association, and such vesting shall thereafter be confirmed as evidenced by appropriate conveyances and assignments by the incorporated Association.
c. Successor Associations. To the greatest extent possible, any successor unincorporated association shall be governed by the Articles of Incorporation, Declaration and Bylaws of the Association as if they had been made to constitute the governing documents of the unincorporated association.
d. Board of Trustees. The management and maintenance of the Project and the administration of the affairs of the Association shall be conducted by a Board of Trustees.
6.3. MEMBERSHIP. Every Owner of one or more Lots within the Property shall, immediately upon creation of the Association and thereafter during the entire period of such Owner's ownership of one (1) or more Lots within the Property, be a Member of the Association. Such membership shall commence, exist, and continue simply by virtue of such ownership, shall expire automatically upon termination of such ownership, and need not be confirmed or evidenced by any certificate or acceptance of membership.
6.4. VOTING RIGHTS. Voting rights shall be one (1) vote per Lot. Each Member shall be entitled to one (1) vote for each Lot that Member owns.
6.5. MULTIPLE OWNERS. In the event there is more than one Owner of a particular Lot, the vote relating to such Lot shall be exercised as such Owners may determine among themselves, but in no event will fractional voting be allowed. Fractionalized or split votes shall be disregarded, except for purposes of determining a quorum.. A vote cast at any meeting of the Members by any of such Owners, whether in person or by proxy, shall be conclusively presumed to be the vote attributable to such Lot concerned, unless an objection is immediately made by another Owner of the same Lot. In the event such an objection is made, the vote involved shall not be counted for any purpose whatsoever other than to determine whether a quorum exists.
6.6. GENERAL POWERS AND OBLIGATIONS. The Association shall have, exercise, and perform all of the following powers and obligations:
a. The powers and obligations granted to the Association by this Declaration.
b. The powers and obligations of a nonprofit corporation pursuant to the general nonprofit corporation laws of the State of Utah,
c. The powers and obligations of a homeowners association pursuant to the Act, or any successor thereto.
d. Any additional or different powers, duties, and obligations necessary or desirable for the purpose of carrying out the functions of the Association pursuant to this Declaration or otherwise promoting the general benefit of the Owners within the Property.
6.7. SPECIFIC POWERS AND DUTIES. The powers and duties of the Association shall include, without limitation, the, following:
a. Maintenance and Services. The Association shall provide maintenance and services for the Property as provided in Article 7 and other provisions of this Declaration.
b. Insurance. The Association shall obtain and maintain in force policies of insurance as provided in this Declaration or the Bylaws. The Association shall have no obligation to obtain or maintain any insurance covering a Lot, its Improvements, or the personal property of any Owner(s), and each Owner shall be responsible for obtaining and maintaining such property insurance.
c. Rulemaking. The Association shall make, establish, promulgate, amend, and repeal Rules as provided in this Declaration.
d. Assessments. The Association shall adopt budgets and impose and collect Assessments as provided in Article 8 of this Declaration.
e. Enforcement. The Association shall perform such acts, whether or not expressly authorized by this Declaration, as may be reasonably necessary to enforce the provisions of this Declaration and the Rules adopted by the Association, including, without limitation, enforcement of the decisions of the Architectural Control Committee.
f. EMPLOYMENT OF AGENTS, ADVISERS, AND CONTRACTORS.
i. Managers. The Association, through its Board of Trustees, may employ the services of any person or corporation as Managers, hire employees to manage, conduct, and perform the business, obligations, and duties of the Association, employ professional counsel and obtain advice from such persons or firms or corporations such as, but not limited to, landscape architects, accountants, recreational experts, architects, planners, lawyers, or what is convenient for the management, maintenance, and operation of the Property.
ii. Responsibility of Manager. Any Manager so engaged shall be responsible for managing the Property for the benefit of the Association and the Owners, and shall, to the extent permitted by law and the terms of the agreement with the Association, be authorized to perform any of the functions or acts required or permitted to be performed by the Association itself.
g. BORROW MONEY, HOLD TITLE AND MAKE CONVEYANCES. The Association may borrow and repay moneys for the purpose of maintaining and improving the Common Areas, subject to Section 2.4 (c) above, and encumber the Common Areas as security for the repayment of such borrowed money. The Association may acquire, hold title to, and convey, with or without consideration, real and personal property and interests therein, including but not limited to easements across all or any portion of the Common Areas and shall accept any real or personal property, leasehold; or other property interests within the Project that was conveyed to the Association by its developer.
h. TRANSFER, DEDICATION AND ENCUMBRANCE OF COMMON AREAS. Except as otherwise provided in Section 2.4(c) above, the Association may sell, transfer, or encumber all of any portion of the Common Areas to a person, firm, or entity, whether public or private, and dedicate or transfer all or any portion of the Common Areas to any public agency, authority, or utility for public purposes. Any such dedication or transfer must, however, be assented to by two-thirds (2/3) of the vote which Members present in person or by proxy are entitled to cast at a meeting duly called for that purpose. Written or printed notice setting forth the purpose of the meeting and the action proposed shall be sent to all Members at least ten (10) but not more than sixty (60) days prior to the meeting date.
i. CREATE CLASSES OF SERVICE AND MAKE APPROPRIATE CHARGES. The Association may, in its sole discretion, create various classes of service and make appropriate Individual Assessments or charges therefore to the users thereof, including but not limited to reasonable admission and other fees for the use of any and all recreational facilities situated on the Common Areas, and avail itself of any rights granted by law, without being required to render such services to those of its Members who do not assent to such charges and to such other Rules as the Board of Trustees deems proper. In addition, the Board of Trustees shall have the right to discontinue any service upon nonpayment or to eliminate such service for which there is no demand or adequate funds to maintain the same.
6.8. LIABILITY. A member of the Board of Trustees or an officer of the Association shall not be liable to the Association or any member thereof for any damage, loss, or prejudice suffered or claimed on account of any action or failure to act in the performance of his or her duties, except for acts of gross negligence or intentional acts. In the event any member of the Board of Trustees or any officer of the Association is made a party to any proceeding because the individual is or was a director or officer of the Association, the Association shall indemnify such individual against liability and expenses incurred to the maximum extent permitted by law.
7.1. MAINTENANCE OF COMMON AREAS AND ROADS. The Association shall perform all maintenance upon the Common Areas, including but not limited to grass, trees, walks, private roads, entrance gates, and walkways unless the maintenance thereof is assumed by a public body. The Association shall also maintain the Swimming Pool Area and the roads (including snow removal). Such areas shall be maintained in a safe condition and in a good and workmanlike manner such as to carry out the purpose for which such areas are intended.
7.2. MAINTENANCE OF UTILITIES. The Association shall perform or contract to perform maintenance of all private utilities within Common Areas, or private streets, such as sanitary sewer service lines, domestic water service lines and storm drainage lines, except to the extent such maintenance is performed by the utilities furnishing such services. Each Owner shall be responsible for maintaining utility lines within his Lot.
7.3. SERVICES. The Association shall provide or contract for such services as the Board of Trustees may reasonably deem to be of benefit to the Property, including, without limitation, garbage and trash removal for Common Areas and security services.
a. Lots. Maintenance of the Lots and its Improvements shall be the sole responsibility of the Lot Owner(s), who shall maintain the Lot in good repair so as to not interfere with other Owner's Lots or the Common Areas. Each Lot shall be maintained so as to not detract from the appearance of the Project and so as to not adversely affect the value or use of any other Lot.
b. Limited Common Area. Each Lot Owner shall, at its own cost, keep any Limited Common Areas in a clean, sanitary and attractive condition at all times. Each Lot Owner shall be responsible for the cost of maintenance, repair, and replacement of all Limited Common Areas, as shown on the Map.
a. Insurance Requirement. The Association shall secure and at all times maintain the following insurance coverage with such terms, in such amounts, and with such companies as the Board of Trustees shall determine:
i. Property Insurance. A policy or policies of "All-risk" or comparable insurance on all improvements comprising a part of the Common Areas, the Swimming Pool Area, and the roads in the Property, with a deductible to be determined by the Board of Trustees from time to time. The name of the insured under each such policy shall be in form and substance similar to: "The Sweetwater Park Trailer and Camper Park Property Owners, Inc., for the use and benefit of the Sweetwater Park Trailer and Camper Park Property Owners, Inc. and the individual Lot owners and mortgagees, as their interests may appear."
ii. Liability Insurance. A policy or policies insuring the Owners, the Association, and its directors, officers, agents, and employees against any liability incident to the ownership, use, or operation of the Common Areas, the Swimming Pool Area, and the roads in the Property which may arise among themselves, to the public, and to any invitees or tenants of the Owners. Limits of liability shall be established and reviewed by the Board of Trustees in its discretion from time to time.
iii. Directors and Officers Insurance. A directors and officers liability policy shall be obtained with at least One Million Dollars ($1,000,000) in coverage.
b. Additional Requirements. The following additional provisions shall apply with respect to insurance obtained by the Association:
i. Other Insurance Policies. In addition to the insurance described above, the Association shall endeavor to secure and maintain insurance against such risks as are or hereafter may be customarily insured against in connection with developments similar to the Property in construction, nature, and use.
ii. Quality of Insurance. The Association shall endeavor to obtain policies written by companies holding a rating of "A-XII" or better from Best's Insurance Reports.
iii. Provisions of Policy. The Association shall endeavor to obtain in each policy of insurance obtained by it provisions that provide:
1. Contribution. That insurance secured and maintained by the Association shall not be brought into contribution with insurance held by the individual Owners or their Mortgagees;
2. Waiver of Subrogation Rights. For a waiver of the insurer's subrogation rights with respect to the Association, the Owners, and their respective directors, officers, agents, employees, invitees, and tenants;
3. Termination. That it cannot be cancelled, suspended, or invalidated due to the conduct of any particular Owner or Owners or conduct of the Association or of any director, officer, agent, or employee of the Association without a prior written demand that the defect be cured; and
4. “No Other Insurance” Clause. That any "no other insurance" clause therein shall not apply with respect to insurance held individually by the Owners.
c. Workmen’s Compensation. At such times when the Association shall have employees, it shall secure and maintain workmen's compensation insurance coverage with such terms and in such amounts as provided by law.
d. Premiums. Premiums upon insurance policies purchased by the Board of Directors on behalf of the Association shall be paid by the Association as part of the Common Expenses.
8.1. PURPOSE OF ASSESSMENTS. Annual Assessments levied by the Association shall be used exclusively for:
a. Obligations. The purpose of discharging the duties and obligations of the Association;
b. Recreation, Health, Safety, and Welfare. The purpose of promoting the recreation, health, safety, and welfare of Owners of the Property;
c. Common Areas. The operation, upkeep, maintenance and repair of the Common Areas.;
d. Taxes and Insurance. Payment of taxes and insurance on the common areas;
e. Management. Management and supervision of the Property;
f. Reserve Fund. Establishing and funding a reserve to cover major repair or replacement of improvements situated on the Common Areas; and
g. Other Expenses. Any expense necessary or desirable to enable the Association to perform or fulfill its obligations, functions, or purposes under this Declaration, Bylaws, or its Articles of Incorporation.
8.2. TYPES OF ASSESSMENTS. The Association may levy Annual Assessments; Special Assessments; Water, Electrical and Sewer Assessments; Emergency Assessments; Individual Assessments; and an Initial Setup Assessment all as more particularly described below. The Association may charge a reinvestment fee for the sale and transfer of Lots.
8.3. UNIFORM RATE OF ASSESSMENT. Both Annual Assessments and Special Assessments shall be fixed at a uniform rate for all Lots, subject to variance for Water, Electrical and Sewer Assessments depending on usage.
8.4. WATER, ELECTRICAL, GARBAGE, AND SEWER ASSESSMENTS. The Board of Trustees may levy a reasonable Assessment for the use of culinary water, electric current, garbage, and sewer services. Such Assessments may be imposed, changed or discontinued from time to time as may be determined by the Board of Trustees.
8.5. ANNUAL ASSESSMENTS. The Board of Trustees shall from time to time and at least annually prepare an operating budget for the Association, taking into account the current costs of maintenance and services and future needs of the Association, any previous over-Assessments and any common profits of the Association. The budget shall provide for such reserve or contingency funds as the Board deems necessary or as may be required by law, but not less than the Reserve Fund required by Section 8.11 below. Annual Assessments for such operating expenses and Reserve Fund shall then be apportioned among the Lots as provided in Section 8.3 above. The method of adoption of the budget and the manner of billing and collection of Assessments shall be as provided in the Bylaws.
a. Power to Levy Special Assessments. The Association may levy Special Assessments for the purpose of defraying, in whole or in part:
i. any Association expense or expenses not reasonably capable of being fully paid with funds generated by Annual Assessments; or
ii. the cost of any reconstruction, construction, or unexpectedly required repair or replacement of an improvement, fixture or personal property situated on or connected with the Common Areas.
b. Special Assessment Limit. The Board may levy Special Assessments up to $100 per Lot per calendar year without vote of the Members.
c. Special Assessments Member Vote. Any Special Assessment in excess of $100 per Lot per calendar year must be approved by a majority of the Members present in person or by proxy who are entitled to vote at a meeting duly called for such purpose.
8.7. EMERGENCY ASSESSMENTS. If the Annual Assessments levied at any time are, or will become, inadequate to meet all expenses incurred under this Declaration for any reason, including nonpayment of any Owner's Assessments on a current basis, the Board of Trustees of the Association shall immediately determine the approximate amount of such inadequacy and issue a supplemental budget, notes as to the reason therefore, and levy an Emergency Assessment for the amount required to meet all such expenses on a current basis. Any Emergency Assessment which in the aggregate in any fiscal year would exceed an amount equal to five percent (5%) of the budgeted gross expenses of the Association for the fiscal year may be levied only if approved in the same manner as a Special Assessment discussed in Section 8.6(c). Emergency Assessments shall be apportioned as set forth in Section 8.3 above and payable as determined by the Board of Trustees.
8.8. INDIVIDUAL ASSESSMENTS. Any common expense or any part of a common expense benefiting fewer than all of the Lots may be assessed exclusively against the Lots benefited. Individual Assessments include, without limitation, charges for services provided under Section 6.7(i). Individual Assessments shall also include default Assessments levied against any Lot to reimburse the Association for costs incurred in bringing such Lots or its Owner into compliance with the provisions of this Declaration or the Rules of the Association and for fines or other charges imposed pursuant to this Declaration for violation thereof. Unless otherwise provided by the Board of Trustees, Individual Assessments shall be due 30 days after the Board of Trustees has given written notice thereof to the Owners subject to the Individual Assessments.
8.9. INITIAL SETUP ASSESSMENT/REINVESTMENT FEE. Each Owner shall be required to prepay at the time of purchase of his or her Lot, whether as a first time or subsequent Owner, a sum of One Hundred Dollars ($100), which sum shall be in addition to any proration of Assessment which may be due for the month in which such purchase takes place. Such fees shall become part of the Association’s Operations Fund to be utilized as deemed appropriate by the Association.
8.10. OPERATIONS FUND. The Association shall keep all funds received by it as Assessments, other than Reserve Fund described in Section 8.11, separate and apart from its other funds, in an account to be known as the "Operations Fund." The Association shall use such fund exclusively for the purpose of promoting the recreation, health, safety, and welfare of the residents within the Property and in particular for the improvement and maintenance of properties, services, and facilities devoted to this purpose and related to the use and enjoyment of the Common Areas and of the Lots situated upon the Property, including but not limited to:
a. Payment of the cost of maintenance, utilities, and services as described in Article 7;
b. Payment of the cost of insurance as described in the Bylaws of the Association;
c. Payment of taxes assessed against the Common Areas and any Improvements;
d. Payment of the cost of other services which the Association deems to be of general benefit to the Owners, including but not limited to accounting, legal, and secretarial services.
a. Establishment of Reserve Fund. The Association shall establish a Reserve Fund for covering the cost of repairing, replacing, and restoring Common Areas that have a useful life of three years or more, excluding costs that can reasonably be funded from the Association’s general budget or from other Association funds. Such Reserve Fund shall be funded by Assessments against the individual Lots assessed for maintenance of the items for which the Reserve Fund is being established.
b. Amount of Reserve Fund. The amount assessed shall take into account the estimated remaining life of the items for which the Reserve Fund is created and the current replacement cost of such items. The Reserve Fund shall be established in the name of the Association and shall be adjusted at regular intervals to recognize changes in current replacement costs over time.
c. Use of Reserve Funds. The Reserve Fund shall be used only for replacement of Common Area as determined by the Board of Trustees and shall be kept separate from the Operations Fund. The Board of Trustees may borrow funds from the Reserve Fund to meet high seasonal demands on the regular operating funds or to meet other temporary expenses which will later be paid from Annual Assessments, Special Assessments, or Emergency Assessments. Nothing in this section shall prohibit prudent investment of the Reserve Fund under the business judgment rule.
d. No Refunds. Assessments paid into the Reserve Fund are the property of the Association and are not refundable to sellers or Owners of Lots. Sellers of the Lots, however, may treat their outstanding share of the Reserve Fund as a separate item in any sales agreement.
a. Assessment Lien. Each Owner of any Lot by acceptance of a conveyance thereof, whether or not so expressed in any such conveyance, is deemed to covenant to pay to the Association all Assessments or other charges as may be fixed, established, and collected from time to time in the manner provided in this Declaration or the Bylaws. Such Assessments and charges, together with any interest, expenses, late fees, or attorneys' fees imposed pursuant to Article 9, are a charge on the land and shall be a continuing lien upon the Lot against which each such Assessment or charge is made.
b. Personal Obligation of Owner. Such Assessments, charges, and other costs and fees are also the personal obligation of the person who is the Owner, of such Lot at the time when the Assessment or charge fell due. Such liens and personal obligations shall be enforced in the manner set forth in Article 9 below. Such personal liability shall not pass to the Owner’s successors in title unless expressly assumed by them.
9.1. USE OF COMMON AREAS. In the event that any Owner violates any provision of the Governing Documents, then the Association, acting through its Board of Trustees, shall notify the Owner in writing that the violations exist and that he/she is responsible for them, and may, after reasonable notice of at least seventy-two hours, do any or all of the following:
a. suspend his voting rights and rights to use the Swimming Pool Area or other Common Areas for the period that the violations remain unabated, or for any period not to exceed 90 days for any infraction of its Rules;
b. impose reasonable fines upon the Owner, in the manner and amount the Board deems appropriate in relation to the violation; or
c. bring suit or action against such Owner to enforce this Declaration. Nothing in this section, however, shall give the Association the right to deprive any Owner access to and from his Lot.
a. Notification of Violations. In the event any Owner constructs or permits to be constructed on his Lot an Improvement contrary to the provisions of this Declaration, or causes or permits any Improvement, activity, condition, or nuisance contrary to the provisions of this Declaration to remain uncorrected or unabated on his Lot, then the Association acting through its Board of Trustees shall notify the Owner(s) in writing of any such specific violations of this Declaration and shall require the Owner to remedy or abate the same in order to bring his Lot, the Improvements thereon and his use thereof, into conformance with this Declaration at the Owner’s sole expense.
b. Refusal by Owner to Cure. If the Owner is unable, unwilling, or refuses to comply with the Association's specific directives for remedy or abatement, or the Owner and the Association cannot agree to a mutually acceptable solution, then the Association acting through its Board of Trustees, shall have the right to do any or all of the following:
i. Impose reasonable fines against such Owner in the manner and amount the Board deems appropriate in relation to the violation, which fines shall constitute Individual Assessments for purposes of this Declaration;
ii. Enter the offending Lot and remove the cause of such violation, or alter, repair, or change the items which is in violation of this Declaration in such a manner as to make it conform thereto, in which case the Association may assess such Owner for the entire cost of the work done; or
iii. Bring suit of action against the Owner on behalf of the Association and other Owners to enforce this Declaration.
9.3 DEFAULT IN PAYMENT OF ASSESSMENTS; ENFORCEMENT OF LIEN. If an Assessment or other charge levied under this Declaration is not paid within thirty (30) days of its due date, such Assessment or charge shall become delinquent and shall bear interest, from the due date at the rate set forth below. In such event the Association may exercise any or all of the following remedies:
a. Suspension of Rights. The Association may suspend such Owners voting rights and right to use the Common Areas until such amounts, plus other charges under this Declaration, are paid in full and may declare all remaining periodic installments of any annual Assessment immediately due and payable. In no event, however, shall the Association deprive any Owner of access to and from his Lot.
b. Notice of Lien. At any time any Assessment (of any type provided for by this Declaration or the Bylaws) or installment thereof is delinquent, the Association, by and through its Board or any management agent, may file a notice of lien in the deed records of Rich County, Utah against the Lot in respect to which the delinquency pertains. Once filed, such lien shall accumulate all future Assessments or installments, interest, late fees, penalties, fines, attorneys' fees, and other appropriate costs properly chargeable to an Owner by the Association, until such amounts are fully paid. Said lien may be foreclosed at any time allowed by law. The lien of the Association shall be superior to all other liens and encumbrances except property taxes and Assessments, any first mortgage, deed of trust or land sale contract recorded previously to the Association's notice of lien and any mortgage or deed of trust granted to an institutional lender which is recorded previously to the Association's notice of lien. The Association through its duly authorized agents, may bid on the Lot at any foreclosure sale, and may acquire and hold, lease, mortgage, and convey the Lot.
c. Foreclosure. The lien maybe foreclosed judicially or non-judicially consistent with the laws of the State of Utah for the non-judicial foreclosure of Deeds of Trusts. A Lot owner's acceptance of the Owner’s interest in a Lot constitutes a simultaneous conveyance of the Lot in trust, with power of sale, to the trustee designated for the purpose of securing payment of all amounts due under the declaration and this chapter. Each Owner by accepting a deed to a Lot hereby conveys and warrants the Lot in trust with power to sale to the Associatin’s attorney as trusee to secure performance of the Owner’s obligations to the Association under this Declaration, the Bylaws, or any Rules adopted by the Board of Trustees.
d. Money Judgment. The Association may bring an action to recover a money judgment for unpaid Assessments, fines, and charges under this Declaration without foreclosing or waiving the lien described in paragraph (b) above. Recovery on any such action, however, shall operate to satisfy the lien, or the portion thereof, for which recovery is made.
e. Assignment of Rents. If the delinquent Owner is leasing his Lot or any portion thereof, the Board of Trustees may, at its option, so long as such default shall continue for more than 60 days after the payment is due, demand and receive from any tenant of the Owner the rent due or becoming due and the payment of such rent to the Board of Trustees shall discharge such tenant for rent due, and shall discharge the Owner for such Assessments to the extent of the amount so paid. The Association must give notices to the Lot Owner and the tenant as may be required by the Act.
f. Termination of Utilities. If an Owner fails to pay any Assessment when due, the Board of Trustees may (a) terminate the Owner’s right to receive utility services paid as a Common Expense; and (b) terminate the Owner’s right of access and use of recreational facilities, after giving notice and the Owner an opportunity to be heard as required by the Act and as may be provided in the Bylaws and Rules.
g. Other Remedies. The Association shall have any other remedy available to it by law or in equity.
a. Priority. A lien under this section has priority over each other lien and encumbrance on a Lot except a lien or encumbrance recorded before the Prior Declaration was recorded, a first or second security interest on the Lot secured by a Mortgage that is recorded before a recorded notice of lien by or on behalf of the Association; or a lien for real estate taxes or other governmental Assessments or charges against the Lot.
b. Sale or Transfer. Sale or transfer of any Lot shall not affect the Assessment lien, but the sale or transfer of any Lot which is subject to any Mortgage pursuant to a decree of foreclosure thereunder or any deed or proceeding, deed, or assignment in lieu of foreclosure shall extinguish any lien of an Assessment notice of which was recorded after the recording of the Mortgage. Such sale or transfer, however, shall not release the Lot from liability for any Assessments or charges thereafter becoming due or from the lien of such Assessments or charges.
a. Interest. Any amount not paid to the Association when due in accordance with this Declaration shall bear interest from the due date until paid at the rate of 18% per annum.
b. Late Fees. In addition, a late fee may be charged for each delinquent Assessment in an amount established from time to time by resolution of the Board of Trustees of the Association.
c. Recording Fees. In the event the Association shall file a notice of lien, the lien amount shall also include the recording fees associated with filing the notice, and a fee for preparing the notice of lien established from time to time by resolution of the Board of Trustees of the Association.
d. Costs and Legal Fees. In the event the Association shall bring any suit or action to enforce this Declaration, to collect any money due hereunder, to foreclose a lien, or otherwise obtain the services of an attorney in an attempt to collect unpaid Assessments, the Owner shall pay to the Association all costs and expenses incurred by it in connection with such suit or action, including a foreclosure title report and any and all attorney fees, regardless of whether a lawsuit is filed or a judgment is obtained.
9.6 NONEXCLUSIVENESS AND ACCUMULATION OF REMEDIES. An election by the Association to pursue any remedy provided for in violation of this Declaration shall not prevent concurrent or subsequent exercise of another remedy permitted hereunder. The remedies provided in this Declaration are not exclusive but shall be in addition to all other remedies, including actions for damages and suits for injunctions and specific performance, available under applicable law to the Association. In addition, any aggrieved Owner may bring an action against another Owner or the Association to recover damages or to enjoin, abate, or remedy any violation of this Declaration by appropriate legal proceedings.
10.1. REIMBURSEMENT OF FIRST MORTGAGEES. First Mortgagees of Lots may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against any Common Area and may pay overdue premiums on hazard insurance policies or secure new hazard insurance coverage on the lapse of a policy, for such Common Area. First Mortgagees making such payments shall be owed immediate reimbursement therefore from the Association.
a. Requirements to Amend. Amendments to this Declaration shall be proposed by either a majority of the Board of Trustees or by Owners holding at least forty percent (40%) of the voting interests of the Association. The proposed amendment must be reduced to writing and must be included in the notice of any meeting at which action is to be taken thereon. Except as otherwise provided herein, this Declaration may only be amended upon the affirmative vote of at least sixty-seven percent (67%) of the voting interests of the Association.
b. Effective Date of Amendment. Any such amendment or repeal shall become effective only upon the recordation, in the Rich County Recorder’s Office, of a certificate of the president or secretary of the Association setting forth in full the amendment, amendments, or repeal so approved and certifying that said amendment, amendments, or repeal have been approved in the manner required by this Declaration.
c. Limitation on Amendments. In no event shall an amendment under this section change the boundaries of any Lot or any uses to which any Lot is restricted unless the Owners of the affected Lots unanimously consent to the amendment.
a. Run with the Land. The Restrictions and other provisions of this Declaration shall run with and bind the Project as equitable servitudes and also as covenants running with the land and shall inure to the benefit of and shall be enforceable by the Association or any Owner, their respective legal representatives, heirs, and successors. By acquiring any interest in a Lot, such Owner consents to, and agrees to be bound by, each and every provision of this Declaration.
b. Termination. This Declaration may be terminated by resolution approved by the vote or written consent of Owners owning not less than ninety percent (90%) of the voting rights in the Association.
c. Requirements for Termination. Any such termination shall become effective only if (a) a certificate of the president or secretary of the Association, certifying that termination as of a specified terminate date has been approved in the manner required herein, is duly acknowledged and recorded in the Rich County Recorder’s Office of the State of Utah, not less than six (6) months prior to the intended termination date. Such termination shall not have the effect of denying any Owner access to his Lot unless such Owner and any Mortgagee of such Lot have consented in writing to the termination.
11.3. CONSENT IN LIEU OF VOTE. Any action that is required or permitted to be taken at a meeting of the Members may be taken without a meeting, if a consent in writing, setting forth the action so taken, shall be signed by enough Members such that the vote would have passed if all of Association Members had been in attendance at a regularly called meeting.
11.4. LESSEES AND OTHER INVITEES. Lessees, invitees, contractors, family members, and other persons entering the Property under rights derived from an Owner shall comply with all of the provisions of this Declaration restricting or regulating the Owner's use, Improvements, or enjoyment of his Lot and other areas within the Property. The Owner shall be responsible for obtaining such compliance and shall be liable for any failure of compliance by such persons in the same manner and to the same extent as if the failure had been committed by the Owner him/herself.
11.5. NONWAIVER. 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.
11.6. GOVERNING DOCUMENT CONFLICTS. If this Declaration conflicts in any way with the Association’s Bylaws, Articles of Incorporation, or any Rules, this Declaration controls. If any provision of the Governing Documents conflict with any applicable federal, state, or local law or ordinance, that provision shall not be enforced.
11.7. CONSTRUCTION; SEVERABILITY. This Declaration shall be liberally construed as an entire document to accomplish the purposes thereof as stated in the introductory paragraphs hereof. Nevertheless, each provision of this Declaration shall be deemed independent and severable, and the invalidity or partial invalidity of any provision shall not affect the validity or enforceability of the remaining part of that or any other provision.
11.8. NUMBERS; GENDER; CAPTIONS. As used herein, the singular shall include the plural and the plural the singular, and the masculine and neuter shall each include the masculine, feminine, and neuter, as the context requires. All captions used herein are intended solely for convenience of reference and shall in no way limit any of the provisions of this Declaration.
11.9. EFFECTIVE DATE. This Declaration is effective as of the date when filed for record in the office of the Record of Rich County, Utah.
IN WITNESS WHEREOF, the Association adopted this Second Amended Declaration of Covenants, Conditions, and Restrictions of the Sweetwater Park Trailer & Camper Park located in Rich County, State of Utah with the necessary approval of Lot owners as required herein, on the ______ day of ___________________, 2012.
SWEETWATER PARK TRAILER & CAMPER PARK PROPERTY OWNERS, INC.
STATE OF UTAH )
COUNTY OF RICH )
On the ______ day of ___________, 2012, who by me being duly sworn, did say that he/she is the ________________________ of Sweetwater Park Trailer & Camper Park Property Owners Association, Inc. and that the foregoing instrument was properly ratified by at least 2/3 of the voting interests of said Property Owners Association.