White Barn PRUD: A Planned Residential Unit Development in Pleasant View, Utah

PRUD Covenants, Conditions and Restrictions

PRUD Covenants, Conditions and Restrictions

�� The basic documents that chartered and form the foundation for our community are the Covenants, Conditions and Restrictions (CC&Rs) on file at the Weber County Recorder�s Office.� The first (Book 1041, Pages 184-194) established the development in 1973.� Two years later, a comprehensive amendment (Book 1091, Pages 691-719) revised the document, transferring most of the PRUD management authority and responsibilities from the original developers (the golf course owners) to the homeowners.� The third document (Book 1397, Pages 961-963) in February 1982 assigned responsibility for roof and concrete flatwork maintenance to individual homeowners and granted the association an easement across golf course property to service its irrigation water equipment.� In the consolidated text that follows pages superseded by amendments are deleted to show only provisions in force since 1982.� The text of the original documents is faithfully reproduced, but is enhanced for readability. Obvious misspellings have been corrected.� Some minor reformatting has been done and signature and detailed property description sections are omitted to save space.

�� CONSOLIDATED DECLARATION OF COVENANTS, CONDITIONS, AND�� RESTRICTIONS OF WHITE BARN PRUD, A Planned Residential Unit Development

�� WHEREAS, Declarant is the owner of certain property in Pleasant View, County of Weber, State of Utah.

�� NOW THEREFORE, Declarant hereby declares that all of the properties described in �Exhibit A� (omitted here) excepting, however, homes 1 through 80 inclusive, as shown on the plat recorded herewith, shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding upon all parties having any right, title or interest in the described property or any part thereof, their heirs, successors and assigns and shall inure to the benefit of each owner thereof.

�� ARTICLE I--Definitions

�� SECTION 1.� The name of the corporation is White Barn Country Club PRUD Owners Association, A Planned Residential Unit Development.

�� SECTION 2.� �Owners� shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any home which is part of the properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.

�� SECTION 3.� �Properties� shall mean and refer to that certain real property hereinbefore described, and such additions thereto as may be hereafter brought within the jurisdiction of the Association.

�� SECTION 4.� �Common Area� shall mean and refer to all real property owned by the Association for the common use and enjoyment of the owners.� The Common Area to be owned by the Association at the time of the conveyance of the first home is all the property described as Exhibit �A� (a map, omitted here) excepting however, homes 1 through 80, inclusive, as shown on the plat recorded herewith, and includes private streets, parking areas, playgrounds, open area, the common areas and facilities set forth as such on the subdivision plat, and all other parts of the property necessary or convenient to the existence, maintenance and safety of the common area, or normally in common use.

�� SECTION 5.� �Act� shall mean and refer to the Utah Condominium Ownership Act.

�� SECTION 6.� �Home� shall mean and refer to the unit as defined by the Act and as shown on the plat recorded herewith, including garage, storage space, and patio.� The boundary lines of each home are the interior surfaces of its perimeter walls, bearing walls, floor, fireplaces, ceilings, window and window frames, doors and door frames and trim; and include both the portions of the buildings so described and the air space so encompassed.

�� SECTION 7.� �Declarant� shall mean and refer to White Barn Golf Course, Inc., a Utah corporation, its successors and assigns, if such successors and assigns should acquire more than one undeveloped home from the Declarant for the purpose of development.

�� ARTICLE II�Property Rights

�� SECTION 1.� Owner�s Easements of Enjoyment.� Every owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every home, subject to the following provisions:

�� (a) the right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common area;

�� (b) the right of the Association to suspend the voting rights and right to use the recreational facilities by an owner for any period during which any assessment against the home remains unpaid; and for a period not to exceed 60 days for any infraction of its published rules and regulations;

�� (c) the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the members.� No such dedication or transfer shall be effective unless an instrument signed by two-thirds (2/3) of the members agreeing to such dedication or transfer has been recorded;

�� (d) the restriction on the use of such area to such uses as shall be designated by the Association, but in no event shall the Common Area be used for storage of property or keeping of animals.

�� SECTION 2.� Delegation of Use. Any owner may delegate, in accordance with the By-Laws, his right of enjoyment to the Common Area and facilities to members of his family, his tenants, or contract purchasers who reside on the property.

�� ARTICLE III�Membership and Voting Rights

�� SECTION 1.� Every owner of a home which is subject to assessment shall be a member of the Association.� Membership shall be appurtenant to and may not be separated from ownership of any home which is subject to assessment.

�� SECTION 2.� Members. Members shall be all owners and shall be entitled to one vote for each home owned.� When more than one person holds an interest in any home, all such persons shall be members.� The vote for such home shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any home.

�� ARTICLE IV�Purpose and Powers of the Association

�� The Association does not contemplate pecuniary gain or profit to the members thereof, and the specific purposes for which it is formed are to provide for maintenance, preservation, and architectural control of the homes and common area, and to promote the health, safety, and welfare of the residents within the property and any additions thereto as may hereafter be brought within the jurisdiction of this Association for the purpose to:

�� (a) exercise all of the powers and privileges and to perform all of the duties and obligations of the Association as set forth in that certain Declaration of Covenants, Conditions, and Restrictions, hereinafter called the Declaration, applicable to the property and recorded or to be recorded in the office of the Weber County Recorder, and as the same may be amended from time to time as therein provided, said Declaration being incorporated herein as if set forth at length;

�� (b) fix, levy collect and enforce payment by any lawful means, all charges or assessments pursuant to the terms of the Declaration; to pay all expenses in connection with the same and all office and other expenses incident to the conduct of the business of the Association, including all licenses, taxes or governmental charges levied or imposed against the property of the Association;

�� (c) acquire, (by gift, purchase or otherwise) own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or personal property in connection with the affairs of the Association;

�� (d) borrow money, and with the assent of two-thirds (2/3) of the members, mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred;

�� (e) dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for public purposes consistent with the intended use of such property by the Association and the Planned Residential Unit Development, subject to such conditions as may be agreed to by the Members.� No such dedications or transfers shall be effective unless an instrument signed by two-thirds (2/3) of the Members agreeing to such dedication or transfer has been recorded.

�� (f) participate in mergers and consolidations with other non-profit corporations organized for the same purposes or annex additional residential property and Common area, provided that any such merger, consolidation or annexation shall have the assent of two-thirds (2/3) of the Members;

�� (g) have and to exercise any and all powers, rights and privileges which a corporation organized under the non-profit corporation law of the State of Utah by law may now or hereafter have or exercise.

�� SECTION 1. Creation of the Lien and Personal Obligation of Assessments.� The Declarant, for each home owned within the properties, hereby covenants, and each owner of any home by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay the Association:� (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided.

�� The annual and special assessments, together with interest, costs, and reasonable attorney�s fees, shall be charged on the home and shall be a continuing lien upon the property against which each such assessment is made, except as provided in Article IV, Section 9, herein.� Each such assessment, together with interest, costs, and reasonable attorney�s fees, shall also be the personal obligation of the person who was the owner of such property at the time when the assessment fell due.

�� SECTION 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents in the properties and for the improvement and maintenance of the common area, and of the homes situated upon the properties.

�� SECTION 3. Maximum Annual Assessment. Until January 1 of the year immediately following the conveyance of the first home to an owner, the maximum annual assessment shall not exceed One Hundred Dollars ($100.00) per home.

�� (a) From and after January 1 of the year immediately following the conveyance of the first home to an owner, the maximum annual assessment may be increased each year not more than three percent (3%) above the maximum assessment for the previous year without a vote of the membership.

�� (b) From and after January 1 of the year immediately following the conveyance of the first Home to an Owner, the maximum annual assessment may be increased above 3% by a vote of two-thirds (2/3) of each class of members who are voting in person or by proxy, at a meeting duly called for this purpose.

�� (c) The Board of Directors may fix the annual assessment at an amount not in excess of the maximum.

�� SECTION 4. � Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose.

�� SECTION 5. Notice and Quorum for Any Action Authorized Under Sections 3 and 4. Written notice of any meeting called for the purpose of taking any action authorized under section 3 or 4 shall be sent to all members not less than 30 (thirty) days nor more than 60 (sixty) days in advance of the meeting.� At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum.� If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting.� No such subsequent meeting shall be held more than 60 (sixty) days following the preceding meeting.

�� SECTION 6.� Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Homes and may be collected on a monthly basis.

�� SECTION 7. Date of Commencement of Annual Assessments. Due Dates. The annual assessments provided for herein shall commence as to all homes on the first day of each month following the conveyance of that home.� The first annual assessment shall be adjusted according to the number of months remaining in the calendar year.� The Board of Directors shall fix the amount of the annual assessment against each home at least thirty (30) days in advance of each annual assessment period.� Written notice of the annual assessment shall be sent to every owner subject thereto.� The due dates shall be established by the Board of Directors.� The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified home have been paid.

SECTION 8. Effect of Non-payment of Assessments.� Remedies of the Association. Any assessment not paid within sixty (60) days after the due date shall bear interest from the due date at the rate of eight percent (8%) per annum.� The Association may bring an action at law against the owner personally obligated to pay the same, or foreclose the lien against the property.� No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common area or abandonment of his home.

�� SECTION 9. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage.� Sale or transfer of any home shall not affect the assessment lien.� Provided, however, any first mortgagee who obtains title to the home pursuant to the remedies provided in the mortgage or foreclosure of the mortgage shall not be liable for such unit�s unpaid assessments which accrue prior to the acquisition of title to such home by the mortgagee.

�� ARTICLE V�Exterior Maintenance

�� In addition to maintenance upon the Common Area the Association shall provide exterior maintenance upon each home which is subject to assessment hereunder as follows: paint, repair and care for rain gutters, downspouts, exterior building surfaces, trees, shrubs, grass, and other exterior improvements.� Repair and maintenance will be limited to ordinary wear and tear and will not include correction or replacement necessitated by structural error or omission or substandard materials or workmanship furnished by or to or performed by or in behalf of any builder.� Such maintenance shall not include glass surfaces.

�� Roof repair and exterior concrete flat work shall be repaired or replaced only to the extent that same may be covered by the Association�s insurance insofar as the association is concerned.� Responsibility of the association for wind or damage by other hazard or element shall be limited to the extent covered by association insurance.

�� In the event that the need for maintenance or repair is caused through the willful or negligent act of the owner, his family, guests or invitees, the cost of such maintenance or repairs shall be added to that individual owner�s assessment.

�� ARTICLE VI�Party Walls

�� SECTION 1. General Rules of Law to Apply. Each and every wall which is built as part of the original construction of the homes upon the properties and placed on the dividing line between the homes shall constitute a party wall, and, to the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto.

�� SECTION 2. Sharing of Repair and Maintenance. The cost of reasonable repair and maintenance of a party wall shall be shared by the owners who make use of the wall in proportion to such use.

�� SECTION 3. Destruction by Fire or other Casualty. If a party wall is destroyed or damaged by fire or other casualty, any owner who has used the wall may restore it, and if the owners thereafter make use of the wall, they shall contribute to the costs of restoration thereof in proportion to such use without prejudice, however, to the right of any such owners to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions.

�� SECTION 4. Weatherproofing. Notwithstanding any other provision of this Article, an Owner who by his negligent or willful act causes the party wall to be exposed to the elements shall bear the whole costs of furnishing the necessary protection against such elements.

�� SECTION 5. Right to Contribution Runs with Land. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner�s successors in title.

�� SECTION 6. Arbitration. In the event of any dispute arising concerning a party wall, or under the provisions of this Article, each party shall choose one arbitrator, and such arbitrators shall choose one additional arbitrator, and the decision shall be by a majority of all the arbitrators.

�� ARTICLE VII�Architectural Control�

�� No building, fence, wall or other structure shall be commenced, erected or maintained upon the properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, or by an Architectural Committee composed of three (3) or more representatives appointed by the Board.� In the event said Board, or its designated Committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with.� No such change shall be made except to the extent permitted by the ordinances of the City of Pleasant View then in effect.

�� ARTICLE VIII�General Provisions

�� SECTION 1. Enforcement. The Association, or any owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration.� Failure by the Association or 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.

�� SECTION 2. Severability. Invalidation of any of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect.

�� SECTION 3. Amendment. The covenants and restrictions of this Declaration shall run with and bind the land for a term of twenty (20) years from the date this Declaration is recorded, after which time, they shall be automatically extended for successive periods of ten (10) years.� This Declaration may be amended during the first twenty-year period by an instrument signed by not less than ninety percent (90%) of the home owners, and thereafter, by an instrument signed by not less than seventy-five percent (75%) of the home owners.� Any amendment must be recorded.� All amendments to this Declaration shall be consistent with the ordinances of Pleasant View City applicable thereto and in effect at the time the amendment is made and no amendment shall become effective until approved in writing by Pleasant View City.

�� SECTION 4. Annexation. Additional residential property and common area may be annexed to the properties with the consent of two-thirds (2/3) of the members.

�� ARTICLE IX�Provisions Relation to First Mortgages

�� SECTION 1. Notice. A first mortgagee, upon request, is entitled to written notification from the Association of any default in the performance by the individual home mortgagor of any obligation under the Planned Residential Unit Development documents (Declarations, Articles of Incorporation and By-Laws) which is not cured within sixty (60) days.

�� SECTION 2. Exemption From Right of First Refusal. Any first mortgagee who obtains title to a home pursuant to the remedies provided in the mortgage, or the foreclosure of the mortgage, or deed, or assignment in lieu of foreclosure, shall be exempt from any right of first refusal.

�� SECTION 3. Not Liable for Unpaid Assessments. Any first mortgagee who obtains title to the home pursuant to the remedies provided in the mortgage or foreclosure of the mortgage shall not be liable for such home�s unpaid assessments which accrue prior to the acquisition of title to such home by the mortgagee.

SECTION 4. Prohibited Acts. Unless at least seventy-five percent (75%) of the first mortgagees (based upon one vote for each first mortgage owned) or owners (other than the sponsor, developer, or builder) of the individual homes have given their prior written approval, the Association shall not be entitled to:

�� (1) by act or omission seek to abandon, partition, subdivide, encumber, sell or transfer real estate or improvements thereon which are owned directly or indirectly by the Association;

�� (2) change the methods of determining the assessments or other charges which may be levied against a home owner;

�� (3) by act or omission change, waive or abandon any scheme of regulations, or enforcement thereof, pertaining to the architectural design or the exterior appearance of homes, the exterior maintenance of homes, the maintenance of party walls or common fences and driveways, or the upkeep of lawns and plantings;

�� (4) fail to maintain fire and extended coverage on insurable common area on a current replacement cost basis in an amount not less than One Hundred Percent (100%) of the insurable value (based on current replacement cost);

�� (5) use hazard insurance proceeds for losses to any common area other than the repair, replacement or reconstruction of such improvements;

SECTION 5. Examination of Books and Records. First mortgagees shall have the right to examine the books and records of the Association or any entity which owns the common area of the project.

�� SECTION 6. Reimbursement. First mortgagees of homes may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against any of the 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 property and first mortgagees making such payments shall be owed immediate reimbursement therefor from the Association.

�� ARTICLE X�Insurance

�� Fire and extended coverage insurance on insurable common area as is appropriate shall be maintained by the Association.

�� AGREEMENT TO AMEND PLAT

�� WHEREAS, on the 5^th day of December, 1973, at 2:58 p.m. there was recorded in the Weber County Recorder�s Office, in Book 18 of Plats, Pages 21, 22, 23, and 24, Entry No. 605832, plats designated �White Barn Country Club Condominiums,� and,

�� WHEREAS, all of the signatories to that Agreement and successors in interest are desirous that the name of the planned residential unit development be changed from White Barn Country Club Condominiums to WHITE BARN COUNTRY CLUB PRUD (A Planned Residential Unit Development);

�� NOW, THEREFORE, it is hereby agreed by and between the parties hereto that each of the documents be amended by interlineation to strike the name �Condominiums,� as it appears, and to insert the name of �Prud� (A Planned Residential Unit Development) in each instance.

�� EASEMENT

�� The undersigned grantor, AOK Lands Inc., for the sum of $1.00 and other good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant and convey to the White Barn Country Club PRUD Homeowners Association, its successors and assigns, a permanent easement for the replacement and maintenance of existing water pumps, tanks, housing and appurtenant facilities for the storage and transfer of water to areas served by grantee as presently constituted and on and over the present location of same at or near the pond in the area of No. 15 (more recently No. 6) green and No. 16 (now No. 7) tee as located on the White Barn Golf Course and embracing generally a tract 20� x 34� x 15� with the southern border being the edge of the pond thence easterly along the north border of the existing pond a distance of approximately 15� from said border to the west boundary of Phase One and the same lying and being within the SW � Sec. 29, T. 7 N., R. 1 W., S. L. B. 17.

�� Grantee covenants to maintain said area and trim any lawn involved in a satisfactory manner.��