DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
OF Cabin Creek Addition
THIS DECLARATION, (“Declaration”) made on the date hereinafter set forth by RPI Development, LLC, hereinafter referred to as “Declarant”.
WITNESSETH:
WHEREAS, RPI Development, LLC, is the Owner of the below specifically described real property (the “Property”) in the City of Casper, Natrona County, Wyoming, included within Cabin Creek Addition thereto and which is more particularly described as follows:
Block 1, Lots 1A, 1B, 2A, 2B, 3A, 3B, 4A, 4b, 5a, 5b, 6a, 6b, 7a, 7b, 8a, 8b, 9a, 9b, 10a, 10b, 1a, 11b, 12a, 12b, 13a, 13b, 14a, 14b, 15a, 15b, 16a, and 16B and Block 2, Lots 1, 2, 3, 4, and 5 of Cabin Creek Addition to the City of Casper, Natrona County, Wyoming.
NOW, THEREFORE, Declarant hereby makes and declares that Lots when sold shall be held, sold and conveyed subject to the following covenants, conditions, and restrictions, which are for the purpose of insuring that use and development of the Property is exclusively for single-family residential purposes and for protecting the value, attractiveness and desirability of Cabin Creek Addition. These covenants, conditions, and restrictions shall run with all or any portion of Cabin Creek Addition and shall be binding on all parties having any right, title or interest in the Property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each Owner thereof.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, and even though the Declarant is a voting Member of the Association, nothing contained in this instrument shall be construed to subject the property owned by the Declarant or its Contractor Grantee to the restrictions or requirements of these covenants including, without limitation, any requirement to pay dues or assessments at any time, until such time as the Lot is owned by someone other than the Declarant or the Contractor Grantee. Declarant may voluntarily pay dues and assessments but shall have no obligation to make such payments at any time.
Article I.
DEFINITIONS
“Association” shall mean and refer to Cabin Creek Owner's Association its successors and assigns. The Association may either exist as a non-profit corporation organized and existing under the laws of the State of Wyoming or as an unincorporated nonprofit association under Wyo. Stat. §17-21-101. et. seq. If the Association ever organizes as a non-profit corporation and the charter lapses or is terminated, then the Association shall automatically be deemed to be an unincorporated nonprofit association under Wyo. Stat. §17-21-101. et. seq.. The Owners may, upon approval of seventy-five percent (75%) of the Percentage of Ownership, organize the Association as any other form of entity they desire.
“Board of Directors” shall refer to the Board of Directors of the Association who shall be elected as set forth in the Association’s bylaws.
“Cabin Creek Addition” shall mean the Property, including private, public and Common Area within the Property.
“Club” means the Paradise Valley Golf Course regardless of who owns it and what name it actually uses.
“Club Member” means either a full member or a social member of the Paradise Valley Golf Course regardless of who owns it and what name it actually uses.
“Common Expenses” means and includes insurance, expenses of administration, operation and expenses of maintenance, repair or replacement of the Common Areas or Properties; expenses declared Common Expenses by the provision of this Declaration and the Bylaws of the Association; and all sums lawfully assessed under this Declaration against the Lots, private Living Units and the Common Area.
“Common Areas and Common Properties” shall mean and refer to the open spaces, Perimeter Fencing, gateway signage or other signs and other elements desirable or rationally of common use or necessary to the existence, upkeep and safety of Cabin Creek Addition.
“Common Services” shall mean the services provided by the Association as provided under Section 4.04.
“Common Wall” shall mean the wall between two Patio Homes.
“Contractor Grantee” shall refer to the Contractor who is engaged by Declarant or Declarant’s assignee to construct homes on the subject properties and who takes title to any of the Lots. Contractors and builders who build Improvements on any Lot shall not be considered to be a Contractor Grantee unless such contractor or builder is engaged by the Declarant.
“Declarant” shall mean and refer to RPI Development, LLC, its successors and assigns.
“Declarant Relinquishment Date” shall mean the date the Declarant’s Class B membership is converted to Class A membership as set forth in Section 2.01.
“Design Guidelines” shall mean the rules, guidelines and standards adopted by the Architectural Committee in accordance with the provisions of Section 6.02.
"First Mortgage" shall mean and refer to any unpaid and outstanding mortgage, deed of trust or other security instrument recorded in the Natrona County Records, pertaining to a Lot and having priority of record over all other recorded liens except those liens established hereby or pursuant hereto and those governmental liens made superior by statute (such as general ad valorem tax liens and special assessments).
“Improvement” shall mean all buildings, lawns, landscaping, fences and other addition or improvement of every kind and nature placed on a Lot.
“Landscaping” shall mean and refer to trees, shrubs, grasses, flowers, and other plants and plant materials; rocks, stones, gravel, wood chips, concrete, bricks, and other hard surfacing; outdoor lighting; fences, walls and other barriers; and all other structures and materials covering the ground.
“Living Unit” shall mean a single family dwelling situated on a Lot together with any structural elements conveyed in fee to the Owner thereof.
“Lot” shall mean and refer to any numbered tract of land shown upon any recorded plat of the Properties or as the same may be replatted and dedicated except lands as shown as Common Areas and Common Properties in any recorded plat of the Properties.
“Maintenance Assessment” shall mean an assessment established pursuant to Section 5.01 for maintenance of the Common Area or for providing common services as provided in this Declaration.
“Member” shall mean any person who is a Member of the Association. Every person or entity who is an “Owner” shall automatically be a Member of the Association.
“Owner” shall mean and refer to the record Owner, whether one or more persons or entities, of a fee simple title to any number Lot which is a part of the Property, but excluding those having only security interests (such as, without limitation, liens, mortgages, U.C.C. security interests and the like) therein. A Contractor Grantee shall not be considered an Owner under this Declaration.
“Property” shall mean and refer to that certain real property hereinbefore described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association.
“Rules and Regulations” shall mean the rules and regulations governing all manner of living, relationships, and conduct within Cabin Creek Addition as adopted by the Board of Directors from time to time in accordance with the provisions of the Associations bylaws.
“Special Assessment” shall mean an assessment approved pursuant to the provisions of Section 5.05 of this Declaration.
“Special Services” shall mean the services provided by the Association as provided under Section 4.05.
“Patio Homes” shall mean the residential structures on two Lots sharing a Common Wall down the property line between the Lots.
Article II.
ASSOCIATION MEMBERSHIP, VOTING RIGHTS AND OPERATIONS
Section 2.01 Classes of Members. The Association shall have two classes of voting membership:
Class A: Class A Members shall be all Owners with the exception of the Declarant and its Contractor Grantee and shall be entitled to one (1) vote for each Lot owned.
Class B: The Class B Member shall be the Declarant who shall be entitled to three (3) votes for each Lot owned by it or by its Contractor Grantee. The Class B membership shall cease and be converted to Class A membership (i.e., one vote for each Lot owned) on the happening of either of the following events, whichever occurs earlier (called the “Declarant Relinquishment Date”):
(i) when the Declarant owns fewer than 25% of the total Lots in the Cabin Creek Addition, or
(ii) at such time as the Declarant voluntarily relinquishes its Class B membership rights.
Section 2.02 Eligible votes: Whenever this Declaration refers to “eligible votes” such reference shall mean the total number of Class A and Class B votes available to be cast.
In the event additional Lots and Common Area are annexed to the Properties, as below provided for, the Declarant shall Own Class B membership with respect to each such additional Lot, subject to conversion to Class A membership in accordance with subparagraphs (i) and (ii) above.
Section 2.03 Mechanics of Voting. Membership shall be appurtenant to and shall not be separated from Ownership of any Lot. Except as provided in Section 2.1 above, each Lot shall be entitled to one vote on all matters put to a vote of the Members, which vote may be cast by the Owner of the Lot as follows:
(a) Requirement to Prove Ownership. If requested by the Board of Directors, no Owner, other than Declarant, shall be entitled to vote at any meeting of the Association until such Owner has presented evidence of Ownership of a Lot. Such proof may be provided by an ownership and encumbrance report issued by a title company indicating that the last conveyance of record was to the party claiming to be the Owner.
(b) Joint Ownership. With respect to any Lot owned jointly by two or more Owners (including a general partnership), the vote available to such Lot may be cast by any co-Owner and the Association may count the vote as a full vote, even if it is cast by only one of the joint owners.
(c) Fiduciaries as Owner’s Representative. Upon proof of appointment, the personal representative, executor, guardian or conservator of any Owner’s interest in a Lot may cast the Owner’s votes without a transfer of such Ownership into his or her name. Any Lot Owned in the name of a trust may be voted by the trustee.
(d) Entity Owners. The votes for any Lots owned by an entity, such as a corporation, limited partnership, limited liability company, limited liability partnership, or other legal entity, may be voted by any duly authorized employee, officer, director, manager or other agent of the entity.
(e) Property Sold on Contract for Deed. With respect to any Lot sold on a contract for deed, the seller shall continue to have voting rights with respect to the Lot; provided, however, that the seller may execute a proxy appointing the buyer to cast votes relative to the Lot in accordance with the provisions set forth below.
(f) Mortgagees and Lien Holders. No Mortgagee or lien holder shall have voting rights with respect to any property unless and until the mortgage or lien is foreclosed.
(g) Proxies. The vote of each Owner may be cast by such Owner in person or by a proxy given by such Owner to a third party representative. The proxy shall be in writing, signed and dated by the Owner, and shall be delivered to the Association prior to the time of the vote. The proxy shall be effective for such time as is stated in the written proxy. If no time is stated, then the proxy shall be effective for 45 days from its date. Notwithstanding the foregoing, the Owner may withdraw any proxy at any time by giving written notice to the Association that the proxy has been withdrawn.
(h) Requirement to Identify Voters. The Association may ask any Owner to identify, in writing, the person or persons with authority to cast votes, and, once requested, until such notice is given the Owner shall not be entitled to vote; provided, however, that the Association shall not hold a vote on any matters for at least 10 days after such request is made to the entity in order to give the entity time to designate the authorized representative.
Section 2.04 Management of the Association/Powers of the Board of Directors. The Association shall be operated and managed by a Board of Directors elected by the Members. The number of directors to be elected and the manner of electing directors shall be established in the Association’s bylaws. The Board of Directors may act in all instances on behalf of the Association. The Board of Directors shall have, subject to the limitations contained in this Declaration, the powers and duties necessary for the administration of the affairs of the Association and of the Common Areas, which shall include, but not be limited to, the following:
(a) Adopt and amend Rules and Regulations regarding all manner of living, relationships, and conduct within Cabin Creek Addition, which Rules and Regulations shall be adopted as set forth in the bylaws of the Association and once adopted shall govern the conduct of all Owners and their contractors, employees, families, agents and guests while within Cabin Creek Addition.
(b) Adopt and amend budgets for revenues, expenditures, and reserves.
(c) Collect assessments from Lot Owners.
(d) Hire and discharge independent contractors, employees, and agents including a professional manager and delegate to such manager such duties with respect to management, repair and maintenance of Cabin Creek Addition as the Board of Directors, in their discretion, believe appropriate.
(e) Institute, defend, or intervene in litigation or administrative proceedings or seek injunctive relief for violation of the Documents in the Association’s name, on behalf of the Association.
(f) Make contracts and incur liabilities.
(g) Maintain, repair, replace, and improve all Buildings and Landscaping.
(h) Acquire, hold, encumber, and convey in the Association’s name any right, title, or interest to real estate or personal property belonging to the Association.
(i) Impose a reasonable charge for late payment of assessments and levy a reasonable fine for violation of the documents.
(j) Appoint committees as may be allowed under the bylaws of the Association.
(k) Exercise any other powers conferred by or implied under this Declaration of the bylaws of the association.
Section 2.05 Adoption of Bylaws/Minutes of Meetings. The Association shall adopt bylaws to govern the operation of the Association. Such bylaws may be adopted and amended upon the affirmative vote of a majority of the eligible votes of the Association; provided, however that no provisions of the bylaws shall be contrary to any provision of this Declaration unless this Declaration is amended as provided herein. The official copy of the Association’s bylaws shall be maintained by the secretary of the Association, who shall provide a copy to any Owner requesting the same from time to time. The secretary of the Association shall also maintain any minutes that are taken of a meeting of the Board of Directors or Members of the Association, and shall provide a copy to any Owner requesting the same from time to time. The cost of copying and mailing shall be paid by the Owner requesting the copy.
Section 2.06 Matters Requiring Membership Votes. The following actions shall require approval of the Association membership.
(a) Amendment of this Declaration as provided in Section 10.04 below.
(b) Adoption and amendment of the bylaws as provided in Section 2.04 above.
(c) Election of the directors as provided in the bylaws of the Association.
(d) Approval of Special Assessments established by the Board of Directors as provided in Section 5.07 below.
(e) Any other matter put to a vote of the Members by the Board of Directors.
Section 2.07 Limitation of Liability. No Member of the Association nor any member of the Board of Directors (including officers of the Association) nor any member of the Architectural Control Committee, shall be liable to the Association or any Owner for any act or omission relative to Association business unless the act or omission was done in bad faith or fraudulently or criminally.
Article III.
ADDITION OF PROPERTY TO THE DEVELOPMENT
REPLATTING EXISTING LOTS
Section 3.01 Common Area. Declarant may, from time to time, unilaterally and without obtaining the approval of the Association or any of the Owners: (i) add to the Cabin Creek Addition any property which Declarant believes, in Declarant’s sole discretion, might be suitable or beneficial to the Association and its Members as Common Area, or (ii) convert any Lot owned by it to Common Area. Upon a majority vote of the membership, the Association may acquire additional properties as Common Areas on behalf of the Association. Any property so transferred or acquired shall be subject to easements, rights-of-way, special access permits, rights of usage, contractual agreements, covenants, or restrictions as exist at the time of transfer.
Section 3.02 Additional Lots. Declarant may, from time to time, unilaterally add additional property to the Cabin Creek Addition without obtaining the approval of the Association or any of the Owners. The additional property shall be deemed to be added upon the recordation of a document in the real estate records describing the property to be added and declaring that such additional property shall be subject to this Declaration (hereinafter called the “Declaration of Additional Property”). With respect to such additional property, Declarant may elect to have all or a portion of this Declaration apply to the additional property by declaring, in the recorded Declaration of Additional Property, which portions of this Declaration will apply to the additional property and which, if any, will not apply. Upon a majority vote of the membership, the Association may add additional property to the Cabin Creek Addition.
Section 3.03 Combining/Replatting Existing Lots. Declarant may, from time to time, unilaterally replat any Lot or Lots owned by it or its Contractor Grantee without obtaining the approval of the Association or any of the Owners. If the Declarant combines two or more Lots through such replatting, then the Declarant may, at its sole option, record an addendum to this Declaration establishing a rate of assessment for such newly formed Lot. By way of illustration, the Declarant may declare that the newly formed Lot will pay 150% of the assessments made on other Lots in the Cabin Creek Addition and such assessment rate shall be binding on all future owners of such Lot from and after the date Declarant records an amendment making such declaration.
Article IV.
MAINTENANCE AND REPAIRS
Section 4.01 Maintenance of Lots and Improvements. Except to the extent the Association elects to provide such services as Common Services or Special Services, each Owner shall maintain his Lot and all Improvements thereon in a clean, safe and sanitary condition and shall not permit any Lot or Improvement to become unsightly or in disrepair. Compliance with this Section 4.01 shall require, without limitation, (i) periodically painting and resurfacing before the surfacing becomes weather-beaten or worn off; (ii) periodically cleaning and repairing of the exterior building surfaces, including roofs, gutters, down spouts, driveways, and other exterior improvements such as sprinklers systems and individual utility services; (iii) reasonable watering, manicuring, clipping, trimming and weed control of landscaping on each Lot; and (iv) upkeep required because of the elements or normal wear and tear. If the repair, maintenance or upkeep is a feature or item shared by two Patio Homes, then the Owners of the Patio Homes shall share the responsibility and cost of maintenance and repair jointly. Notwithstanding the foregoing, each Owner shall be responsible for the cost of repairs or maintenance resulting from damages or conditions caused by the Owner or his, her or its tenants and guests.
Section 4.02 Owner’s Failure to Perform Required Maintenance and Repairs. The Association is granted the authority and shall have the power upon a determination by the Board of Directors that an Owner has not performed the maintenance and repairs required under Section 4.01, to carry out such maintenance or repairs. However, the Association shall first give the Owner thirty (30) calendar days prior written notice of the intent to provide the maintenance or repair. If the Owner does not complete the required maintenance or repair within such thirty (30) day period (or if the maintenance and repair cannot reasonably be completed within such time period, if the Owner does not make a reasonable effort to begin such maintenance and repair and thereafter diligently prosecute the work), then the Association may carry out the maintenance or repair and bill the Owner for the actual cost incurred, plus 5%. Payment shall be made by the Owner within thirty (30) days after notice from the Association that payment is due. The amount owed shall constitute a lien against the Lot on which such maintenance was performed, which lien may be foreclosed in the same manner as a lien for an unpaid assessment may be foreclosed as provided under this Declaration.
Section 4.03 Maintenance of Common Areas by the Association. The Association is hereby granted the authority and shall have the power to provide for the care, operation, management, maintenance, repair and replacement of the Common Property.
Section 4.04 Association’s Option to Provide Common Services. The Association shall have the authority and power to provide services commonly needed by the Owners including snow removal from walks, driveways and streets, and maintenance of lawn, trees, shrubs and all other landscaping on all Lots, and any other routine services which will benefit all Owners generally. The particular Common Services to be provided to the Owners under this Section 4.04 shall be determined by the Board of Directors from time to time. The Association, and its contractors, shall have the right to enter upon any Lots to the extent reasonably necessary to carry out any services provided by the Association. The cost of providing services will be assessed as part of the Maintenance Assessment.
Section 4.05 Association’s Option to Provide Special Services. The Association shall have the authority and power to provide Special Services, such as, for example, exterior maintenance commonly needed by the Owners including, without limitation, painting exterior surfaces of Patio Homes and to pay for the cost of such maintenance through a Special Assessment. The particular services to be provided to the Owners under this Section 4.05 shall be determined by the Board of Directors from time to time.
Section 4.06 Golf Course Right to Provide Yard Maintenance. The Cabin Creek Addition is located on a golf course owned by the Club. It is important to the Club that the yards in the Cabin Creek Addition are well maintained, watered and groomed. Therefore, unless the Club waives such requirement in writing, yards in the Cabin Creek Addition shall be maintained as a Common Service. The Club shall have the right to supply the water, maintain the sprinkler system and provide the mowing service to the Association for such maintenance so long as such water and services are not unreasonably priced for the community of Casper, Wyoming. Annually, during the month of November, the Club shall provide a statement to the Association setting forth an itemization of the Common Services to be provided by the Club relative to yard and landscaping maintenance and the cost for such services for the calendar year. If the Association does not object to such notice, then the Club shall provide the services and the Association shall pay for the services pursuant to the terms of the notice. If the Club does not submit an itemized statement of Common Services to be provided by November 30, the Association shall notify the Club, in writing, that such notice has not been received. If the Club fails to respond to such notice within thirty (30) after delivery of such notice, then it shall be presumed that the Club will not provide any Common Services in that year. If the Association believes that any proposed Common Service to be provided by the Club is unreasonably priced, the following procedure shall be followed:
(a) The Association shall have thirty (30) days after receipt of such notice to object to any of the pricing that the Association believes is unreasonably priced for the community of Casper, Wyoming. If the Association makes such objection within the time required and the parties are unable to resolve any disputed items, then the Club shall nonetheless provide the itemized services and the Association shall pay the stated prices; provided, however, that the Association shall have the right to submit the dispute to arbitration pursuant to Wyoming Rule of Civil Procedure 40.
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