Operating Documents
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CC&Rs
CC&Rs I. Preamble Establishes the amended covenants; supersedes the original 1979 covenants (Entry 6594); adopted by at least 51% of voting interests. CC&Rs II. Property Subject to these Covenants Defines which property is bound and subjects it to Utah’s Community Association Act and the Governing Documents. CC&Rs III.A Run with the Land The covenants run with the land and bind all owners and their successors. CC&Rs III.B Violations and Enforcement Board enforcement powers: abate violations, levy fines, suspend services/water, suspend voting, sue, and recover attorney fees. CC&Rs III.C Invalidation of any part of the Covenants If any provision is struck down by a court, the rest remain in force (severability). CC&Rs III.D Membership in the Association Every lot owner must be an Association member and comply with the Water Company’s governing documents. CC&Rs III.E Good Standing “Good standing” means current on all assessments/fees and not in violation; required to vote or serve on a board. CC&Rs III.F Easements and Common Areas Plat easements are common areas (no building); utility/drainage easements exist; owners maintain easement areas; no trespassing on other lots. CC&Rs III.G Subdivisions of Lots Subdividing needs Board + Utah County Planning Commission approval; density limits; costs and water hookups are the owner’s expense. CC&Rs III.H Culinary Water System Water Company supplies lots; water is scarce/limited; meters required; connections need written approval; connection fees include back assessments. CC&Rs III.I Fire Protection Water mains serve hydrants per county code; owners beyond the permitted distance must extend lines/hydrants at their own expense. CC&Rs III.J Drainage System Owners must maintain natural drainage ditches/washes; the Association may require deepening or re-routing to protect lots. CC&Rs III.K Duties & Responsibilities / Use Restrictions The 26 owner rules — trash disposal, no hunting/firearms, sewage & water-valve rules, taxes, seasonal-only occupancy, quiet hours, camping, insurance, and general compliance. (See the linked items for gate, roads, parking, livestock, and fire.) CC&Rs III.K — Gate access & passcodes Only members and their families get gate passcodes or cards; never share with non-members; violations are fined. CC&Rs III.K — Roads, utilities & construction on others’ land No roads/pipes/power/sewer construction across other owners’ property beyond main arteries without written approval; access-dispute process. CC&Rs III.K — Defensible space (weeds) Fire-marshal guidance: clear weeds and plant material at least 50 feet from dwellings. CC&Rs III.K — Vehicle parking Visiting vehicles (including ATVs) park within lot boundaries, not the roadway; extra vehicles at the Left Fork turnout; no overnight parking by the gate. CC&Rs III.K — Livestock setback Livestock and horses must be corralled at least 500 feet from neighboring homes; the Association may further regulate. CC&Rs III.K — Open fires Normal fire precautions required; the owner bears firefighting and damage costs unless caused by vandalism, act of God, or another’s negligence. CC&Rs III.L Leasing Restrictions No leasing after recording except grandfathered rentals; lease season Apr 1–Oct 31; renters need $4,000,000 liability insurance; ties to Utah Code 57-8a-209. CC&Rs III.M Duties of the Association Association jurisdiction & services: budgets and assessments, common areas, roads/culverts, trails, drainage, utilities, snow plowing, water lines, reserves, liens & foreclosure, and insurance. CC&Rs IV. Amendments Amend by at least 51% of voting interests (one vote per lot); effective once certified by the president and recorded. CC&Rs Exhibit A — Legal Description Legal description and parcel numbers for all plats (A–F).
Bylaws
Bylaws 1.01 Voting 126 total votes, one per lot. Bylaws 1.02 Multiple Ownership Co-owners cast one unanimous vote per lot; written proxies allowed. Bylaws 1.03 Place of Meeting Meetings held at a convenient place set by the Board. Bylaws 1.04 Annual Meetings Annual meeting in April; elect directors; present budget and financial reports. Bylaws 1.05 Special Meetings President calls special meetings on Board resolution or a one-third-vote petition; agenda-limited. Bylaws 1.06 Notice of Meetings Written notice mailed 14–20 days before each meeting. Bylaws 1.07 Quorum Quorum = owners present able to cast at least half the votes. Bylaws 1.08 Adjourned Meetings If no quorum, meeting adjourns at least 48 hours; quorum requirement then halves. Bylaws 1.09 Officers President, Vice-President, and Secretary/Treasurer elected by and from the Board; each role defined. Bylaws 2.01 Agreement to Pay Assessments Owners agree to pay annual assessments by accepting a deed. Bylaws 2.02 Basis of Assessments Assessments are uniform and based on an annual budget of common expenses. Bylaws 2.03 Apportionment of Expenses Common-area expenses apportioned by each lot’s undivided interest. Bylaws 2.04 Method, Payment of Assessments Annual assessment, payable in 12 monthly installments; 18% interest if more than 15 days late. Bylaws 2.05 Initial Fees One-time prepayment equal to a monthly installment, due at purchase. Bylaws 2.06 Special Assessments Board may levy special assessments; 18% interest if more than 30 days late. Bylaws 2.07 Liens for Unpaid Assessments Unpaid assessments become a recordable lien, foreclosable; the owner pays costs and fees. Bylaws 2.08 Release of Lien The lien is released and recorded once all owed sums are paid. Bylaws 2.09 Payment of Encumbrancer A lienholder may pay assessments and be subrogated; the Board reports arrears over 30 days on request. Bylaws 2.10 Personal Obligation of Owner Assessments are the owner’s personal obligation; cannot be avoided by abandoning the lot. Bylaws 2.11 Information Concerning Unpaid Assessments For a fee up to $15, the Board issues a statement of unpaid assessments (for buyers/lenders). Bylaws 2.12 Purchaser’s Obligation A buyer is jointly liable with the seller for unpaid assessments up to the transfer. Bylaws 3.01 Enforcement Owners must comply with the bylaws, covenants, and rules; defaulters pay enforcement costs. Bylaws 3.02 Amendments At least 66% of lot owners required to amend the bylaws or the survey map. Bylaws 3.03 Consent Equivalent to Vote Written consents can substitute for a vote taken at a meeting. Bylaws 3.04 Covenants to Run with Land The bylaws bind all owners and successors; enforceable by the Board or an aggrieved owner. Bylaws 3.05 Agent for Service of Process Names the initial agent and address; the Board may appoint a successor. Bylaws 3.06 Waiver Failing to enforce a provision is not a waiver of it. Bylaws 3.07 Number and Gender Interpretation rule: singular/plural and all genders are interchangeable. Bylaws 3.08 Severability An invalid provision does not void the remaining bylaws. Bylaws 3.09 Topical Headings Section headings are for convenience only and do not affect meaning.
Articles of Incorporation
Articles of Incorporation 1. Name Corporation name: Upper Whittemore Property Owners Association. Articles of Incorporation 2. Duration The corporation has perpetual duration. Articles of Incorporation 3. Purposes and Powers Nonprofit purposes: promote owner welfare and own/maintain roads, water, sewer, power, and common areas. Articles of Incorporation 3. Membership Every lot purchaser is a member; mortgagees/security holders are not members. Articles of Incorporation 4. No Stock The corporation issues no shares of stock. Articles of Incorporation 5. Voting Members One vote per lot; membership certificates issued to fee-title owners. Articles of Incorporation 6. Principal Office Sets the principal office address; changeable by Board resolution. Articles of Incorporation 7. Agent for Service of Process Names the corporation’s initial registered agent and address. Articles of Incorporation 8. Assessments The board may assess members per lot; assessments are a continuing lien and a personal obligation. Articles of Incorporation 9. Directors Initial board of three directors (names/addresses); the number may change but not below three. Articles of Incorporation 10. Cumulative Voting Three directors elected annually (first Thursday in April); rules for replacing a director. Articles of Incorporation 11. Regular Meetings Notice rules for regular and special meetings (14-day and 30-day notice). Articles of Incorporation 12. Conduct of Association Meetings Robert’s Rules of Order; two-thirds majority of those present or by proxy. Articles of Incorporation 13. By-Laws The Board may adopt and amend bylaws consistent with Utah law and these Articles. Articles of Incorporation 14. Incorporators and Initial Directors Lists the incorporators / initial directors and their signatures. Articles of Incorporation Certificate of Registration State certificate: filed and approved 8/16/2005, registration number 5985012-0140.
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