Oahe Links

COVENANTS

DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, LIENS AND CHARGES FOR “OAHE LINKS” A PART OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 132 NORTH, RANGE 79 WEST, EMMONS COUNTY, NORTH DAKOTA.

 

     THIS DECLARATION, made this 1st day of January, 2022, by Jon Richter, referred to as “Developer,” who desires to provide for the preservation of the values and amenities of the property described in Article II of this Declaration, hereinafter called the “Property.” To this end, the Property is subject to the covenants, conditions, restrictions, reservations, easements, liens and charges set forth in this Declaration, each and all of which is and are for the benefit of the Property and each Owner. This Declaration shall run with the land and be binding on all parties having or acquiring any right, title, or interest in the Property or any part thereof, and shall inure to the benefit of each Owner thereof.

 

     NOW, THEREFORE, Developer and Declarants declare that the Property is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, conditions, restrictions, reservations, easements, liens and charges (sometimes referred to as “covenants and restrictions”) set forth in this Declaration.

 

ARTICLE I

 

DEFINITIONS

 

     The following words, when used in this Declaration (unless the context shall prohibit) shall have the following meanings:

  1. “Association” shall mean and refer to the Oahe Links Association, which is created to manage and maintain the roads, signage, mailboxes, common areas, parks, perimeter landscaping and entrances to the Property. “Association” and “Homeowners’ Association” may be used interchangeably in both the Bylaws and Declaration.

  2. “Board” shall mean and refer to the Board of Directors of the Association. “Board,” “The Board,” and “The Board of Directors” may all be used interchangeably in both the Bylaws and Declaration.

  3. “Declaration” shall mean the covenants, conditions, reservations, restrictions, and easements as set forth in this Declaration, as may from time to time be amended.

  4. “Developer” shall mean and refer to Jon Richter, his successors and assigns, if any successors or assigns shall acquire a majority of the undeveloped acreage of the Property, including but not limited to undeveloped residential Lots, for purpose of development.

  5. “Lot” shall mean and refer to a lot that is depicted on the Plat or re-plat of the Property. If a Lot as shown on the Plat or a portion thereof is added to an adjacent Lot, then the same shall be considered as one Lot for purposes of this Declaration.

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

  7. “Plat” shall mean and refer to the Plat of Survey of the Oahe Links Subdivision.

  8. “Property” shall mean that real property described more specifically in Article II of this Declaration. The Property shall be commonly known and referred to as “Oahe Links.”

ARTICLE II

 

PROPERTY SUBJECT TO THIS DECLARATION

 

     The Property which is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is described as follows:

 

     Lots 1 through 18 of Oahe Links Subdivision, Part of Northwest Quarter of Section 26, Township 132 North, Range 79 West,

     Emmons County, North Dakota.

 

     All of which real property shall hereinafter be called the “Property.” Portions of the Property that 1) have been or will be dedicated to the public, whether for park space, right-of-way, or other uses, or 2) will be conveyed by the Developer to the Homeowners’ Association as green space or landscaped areas shall not be subject to this Declaration to the extent the intended use of the dedicated or conveyed property is inconsistent with this Declaration.

 

ARTICLE III

 

ARCHITECTURAL CONTROL

 

  1. Oahe Links ARCHITECTURAL REVIEW COMMITTEE. There is hereby established Oahe Links Architectural Review Committee (“Review Committee”) for the Property which shall be comprised of the Developer until the time that residences have been constructed and completed on all Lots or until the time the Developer decides to divest itself of partial or full responsibility for architectural control. When such partial control is relinquished, the responsibility shall be vested in a committee comprised of two Owners and the developer, who shall be selected by the developer. When full control is relinquished by the developer, the responsibility shall be vested in a committee comprised of three Owners, who shall be elected by all Owners in the subdivisions. The elected committee shall, at that time, adopt a meeting schedule and rules of operation. It shall be conclusively presumed that there has been no complete construction upon all properties or that the Developer has not divested itself of responsibility for architectural control unless there is a sworn affidavit of record stating that one or the other of said factual circumstances exists.

  2. PROCEDURE FOR SUBMISSION OF PLANS AND SPECIFICATIONS. One copy of plans (for which receipt must be acknowledged in writing) will be submitted to the Review Committee. Approval or disapproval of those plans will be made in writing within fifteen (15) days after the receipt of those plans. In the event the Review Committee fails to approve or disapprove of the plans and related documents within this fifteen (15) day period, approval will not be required and the related covenants shall be deemed to have been met. Approval shall not be arbitrarily withheld or delayed, it being the intention of the Review Committee to grant or withhold the approval for the purpose of establishing a quality, restricted residential lake development, free from objectionable or value-destroying features and in conformity with the governing zoning codes, building codes and other applicable regulations then in force.

  3. ARCHITECTURAL CONTROL. No building, fence, wall, landscaping feature, pool, play structure, driveway, sidewalk or any other structure shall be commenced, erected or maintained on the Lots, nor shall any exterior addition to or change or alteration thereto be made to any buildings on the Lots until plans and specifications for the same have been submitted to and approved in writing by the Review Committee from time to time.

    1. Plans submitted for approval shall include the following:

      1. One complete set of house plans. The house plans should indicate construction materials and specifications, roofing material, exterior finishes and colors.

      2. One site plan. The plan should indicate the basement outline with projections shown as a dotted line. The garage footprint and exterior steps or decks should be indicated. The main floor proposed grade, and the basement floor grade should be clearly shown. The site plan should clearly indicate the finished landscape grade at each corner of the building as well as those adjacent to any unusual indentations within an elevation. The site plan should indicate sidewalk, walkway, driveway locations and sizes, and the trees or area of trees that will be removed from the Lot.

    2. No improvement, fill or structure whatsoever other than a residential dwelling, patio walls, swimming pools, accessory buildings allowed by this Declaration customary and reasonable landscaping, and fences allowed by this Declaration all as may be subject to the Review Committee and limitations set forth herein, may be erected, placed or maintained on any Lot.

    3. The Review Committee may disapprove plans and specifications if, in the Review Committee’s discretion, the proposed improvement is inconsistent with the covenants and restrictions set forth in this Declaration, or if, in the Review Committee’s discretion, the proposed improvement interferes with the preservation of value of the Property. Any variance approved by the Review Committee from these covenants and restrictions shall not be deemed precedential.

    4. Accessory structures such as pools, pool houses, gazebos, utility buildings, storage buildings, additional garages, lean-to, car-port, decks and play structures should be indicated on the site plan. No accessory structure will be permitted without the written approval of the Review Committee, regardless of whether any such accessory structure is allowed by this Declaration.

    5. Any and all solar heating devices or satellite dishes, TV and radio antennae must be approved by the Review Committee.  

    6. The exterior minimum square footage requirements as set forth in this Declaration shall apply. Square foot calculations will not include basements, open porches and decks or garages. A reduction of the square footage with respect to any of the Lots may be granted by the Review Committee, If the Committee believes that the overall curb appeal of the proposed dwelling does not diminish the look or the property values of the surrounding neighborhood. Any reduction shall be evidenced by a written certificate of variance issued by the Review Committee.

    7. No white, light, or bright colored roofs shall be permitted unless approved by the Review Committee.

    8. The design of each residence shall be considerate of the site plan of neighboring residences which have been previously constructed to promote privacy of each residence and to avoid nuisance to existing residences.

    9. No building shall be erected on any Lot unless the side Lot clearances and the setbacks are in compliance with Emmons County Zoning Ordinances for residential zoning districts unless variances are approved by the Review Committee and Emmons County. Eaves and steps shall also be constructed in such a way so as to comply with such zoning ordinances and restrictions, provided however, that this shall not be construed to permit any portion of a building on a Lot to encroach upon another Lot. This Declaration may provide setbacks which are more restrictive than Emmons County’s Zoning Ordinance.

  4. CONSTRUCTION TIME AND REQUIREMENTS. Construction of all primary structures shall be substantially completed within two (2) years after issuance of any building permit for the structure. Landscaping shall be completed as soon as weather permits following substantial completion of the primary structure, but in any event, within fifteen (15) months of issuance of the building permit. Contractors, subcontractors and material men shall perform construction activities on any Lot in a neat and clean manner, and shall keep the Lot and all surrounding property free of debris, trash and discarded building materials.                                                                                                                                                                                                                                                                                                    No storage of building materials on a Lot shall be permitted outside of the residential dwelling or outbuilding after the twenty-four (24) month construction period. No construction activities shall be deemed to constitute a nuisance for a violation of this Declaration by the reason of noise, dust, presence of vehicles or construction machinery, posting of signs or similar activities, provided that such construction is pursued to completion within the time prescribed herein, is in compliance with applicable federal, state and local laws and ordinances and any rules and regulations adopted pursuant thereto, and conforms to usual construction practices in the area. No construction activities shall be carried on in such a way as to create a health hazard or unreasonably interfere with the use and enjoyment by any Owner. Should construction on, or maintenance of, any Lot be undertaken in a manner inconsistent with the Restrictions imposes by the is Declaration, Developer may immediately undertake such action as is necessary to render any Lot consistent with this Declaration and thereafter the Owner of any such Lot shall pay Developer upon demand Developer’s costs of doing so plus a fifteen (15%) percent administrative fee.

  5. NEW CONSTRUCTION. All improvements constructed on Lots shall be new construction and no buildings or other structures shall be moved from other locations onto any Lot without written approval from the Developer.

ARTICLE IV

 

GENERAL COVENANTS AND RESTRICTIONS

 

  1. DWELLING SIZE. Residential dwellings constructed on the following Lots shall be at least 1,000 square feet, unless a variance is issued in writing by the Review Committee. The above stated minimum square footage requirements do not include basements, garages, decks, or porches.

  2. CURB APPEAL. Vinyl siding is not preferred on the structure and will not be allowed without written approval of the Review Committee.

  3. HOME CONSTRUCTION. The association encourages but does not require the following construction attributes. However, the association may deny a building permit do to lack of curb appeal. Our common-sense approach to the overall beauty of the subdivision is in the best interests of all lot owners.

    1. We encourage 10% brick or stone on river facing side and street view side.

    2. We discourage the use of vinyl siding.

    3. We encourage stone or rock covered retaining walls as needed based on each lot.

    4. We encourage windows made of aluminum clad or vinyl construction.

    5. We encourage many large windows on river side of homes to provide enhanced view and increase home value.

    6. Garages and accessory buildings should be constructed of materials complimentary to the home. All buildings require association approval.

    7. We encourage the use low maintenance building materials on all exposed areas.

    8. We encourage the planting of trees; however, the trees should not interfere with the river views for any lot owner. All tree locations require association approval.

    9. We encourage the building of walkout basements on the lots with significant elevation change that fit this type of design.

    10. The association will review all home design characteristics in order to increase the protect the home value for every lot owner, especially for the specific lot owner we are reviewing.

    11. While restrictive, all reviews are in the best interest of the subdivision.

  4. SETBACK PROVISIONS. The residence on each Lot shall be at least twenty-five (25’) feet from the private road easement depicted on the Plat, and shall not be closer to the side property line than ten (10’) feet. The Review Committee may issue a variance, on a case-by-case basis, to allow for appropriate Lot development or drainage. The Developer may restrict Owners from constructing improvements in locations which interfere with the view of neighboring lot owners.

  5. PARKING RESTRICTIONS. In order to prevent frequent on-street parking or of extended duration, the private drive depicted on the Plat shall be restricted as follows: 1) on-street parking shall be intermittent and infrequent only, when hosting gatherings or the like; and 2) on-street parking shall not be used for an extended duration, but in any event, for not more than six (6) hours at a time.

  6. ACCESSORY STRUCTURES. Each Lot will be restricted to construction of a single-family residence. Accessory buildings with a maximum size of One Thousand Two Hundred (1,500) square feet may be approved, provided that such accessory building is constructed as part of the design style and with the same exterior materials as the house, and provided that the site plan is harmonious with the neighboring properties. The Review Committee may, on a case-by-case basis, reduce or increase an accessory building’s allowable total square footage based on the dimensions of a particular Lot, and the impacts a proposed accessory building has on the views of neighboring Lots.

  7. LOT DRAINAGE CONTROL. All Lots shall be graded in a manner to prevent stormwater runoff from negatively impacting neighboring properties. The construction of any Lot which causes negative impacts to any other Lot shall be remedied by the Lot which caused such negative impacts. Each Lot shall be kept and maintained to be in compliance with current storm water regulations until such times when the Lot is sodded or seeded. Positive drainage is required to divert water from the residence and to prevent standing water and soil saturation which may be detrimental to structures and enjoyment of the use of property.

  8. FENCES/BERMS. The association discourages the creation of border line fencing due to aesthetic reasons. All fencing provided by the Owner or anyone other than the Developer shall require the approval of the Review Committee prior to installation. No fence shall exceed six (6) feet in height. All fencing must be made of maintenance-free material; no chain-link or wood fence will be permitted. The Review Committee may restrict the Owners to a certain color of fence to appear cohesive with the other fences within the Property. No white or light-colored fences will be allowed. Privacy fencing is only allowed in near proximity to the residence of each Lot and lake-side patios or decks to enhance privacy, and any fencing extending from the residence and lake-side patios or decks or along the lakeshore must be of opaque design and construction so as to not block the view corridors to the lake from adjacent Lots. Fences shall be regularly maintained by the Lot which constructed such fence. Dilapidated or damaged fences are not allowed.

  9. SEEDING. Each Lot shall be sodded or seeded prior to the end of the first construction season that the home is completed. If a home is completed in the winter, the lot shall be sodded or seeded as soon as weather permits. Until the sodding/seeding is completed, as well as thereafter, the Owner of the Lot shall maintain the property in a condition free of noxious weeds.

  10. TREES. Care and maintenance to establish and preserve the health and appearance of new trees is the responsibility of Owners. Trimming of trees to maintain the beauty of the subdivision is the requirement of each lot owner in which the tree(s) reside on.

  11. DISEASES AND INSECTS. No Owner shall permit anything or condition to exist upon any Lot which shall include, breed, or harbor infections plant diseases or noxious insects.

  12. UTILITY LINES, RADIO AND TELEVISION ANTENNAS . To the extent permitted by applicable law, the installation of antennas, satellite dishes or other devices for the transmission of reception of TV or radio signals or any other form or electromagnetic radiation shall be subject to the prior written approval of the Review Committee. Therefore, no antenna satellite or microwave dish or other device for the transmission or reception of television or radio signals shall be constructed, installed, erected, used or maintained on any Lot without the prior written approval of the Review Committee unless applicable law prohibits the Review Committee from requiring such approval. All permanent electrical service and telephone lines shall be placed underground and no outside electrical lines shall be placed overhead except for emergencies and repairs. Electrical poles are not allowed. Any such antennas must be still installed in accordance with the guidelines set forth by the Review Committee.

  13. DECKS AND PATIOS. The association encourages decks and patios to be constructed with maintenance free materials. If, after approval by the Review Committee, any deck is constructed with wood or other materials that require maintenance from time to time, the deck must be regularly maintained and stained at least once every three (3) years.

  14. DOCKS. The Oahe Links Association is working on creation and approval of a dock system. When available, slips will be available for rent. Choice and availability will be based in chronological order of the date a lot was purchased.

  15. TRASH CONTAINERS AND COLLECTION. No garbage or trash shall be placed or kept on any Lot except in covered containers of a type, size and style which are approved by the Review Committee. In no event shall such containers be maintained so as to be visible from neighboring property except to make the same available for collection and then only for the shortest time reasonably necessary to affect such collection. All rubbish, trash, or garbage shall be removed from Lots and shall not be allowed to accumulate thereon. No outdoor incinerators or composts shall be kept or maintained on any Lot. Burning garbage is not allowed. Oahe Links will have a central location with dumpsters for residents to place their garbage. Use of this site will be part of the association fees. Residents will not be required to be part of this garbage service.  

  16. BASKETBALL HOOPS AND BACKBOARDS. No basketball hoop or backboard shall be attached to any structure or other building. Basketball hoops and backboards attached to a freestanding pole may be installed on a Lot provided the location, design and appearance of the basketball hoop and backboard are approved in writing by the Review Committee.

  17. PETS AND OTHER ANIMALS. Other than household pets kept for non-commercial uses, no animals, livestock, poultry, or insects of any kind shall be raised, bred or maintained on any of the Lots. Pets will be restricted to an Owner’s Lot, must not be a nuisance and will not be allowed to stay to adjacent property.

  18. CLOTHESLINES. Clotheslines will be permitted as long as placement and design are approved by the Review Committee.

  19. VEHICLE PARKING/STORAGE. No commercial vehicles, motor homes, travel trailers, all-terrain vehicles, side-by-sides, snowmobiles, boats, personal watercraft, construction equipment, and like vehicles shall be parked on a long-term or permanent basis on any Lot in the subdivision unless stored on a boat slip, within the confines of a garage or accessory building, or stored in a manner that is adequately screened from public view with prior approval of Review Committee. All motor vehicles, boats, and personal water-crafts kept on or about a property shall be currently licensed and shall be maintained in an operable condition at all times, temporary mechanical difficulties and breakdowns excepted.

  20. CAMPERS. One modern camper can be used on a lot until the owner builds a permanent residence. The camper must be approved by the Review Committee. On occasion Lot owners can host friends and family with a camper. Visiting campers can be hosted on a temporary basis and must be removed within 7 days.

  21. TRAILER HOMES. Trailer homes are not allowed.

  22. SIGNS. No billboards or advertising signs of any kind or character shall be erected, placed, permitted or maintained on any Lot except as herein expressly permitted. A name and address sign used solely for the purpose of identification of the dwelling house occupants provided the sign is no more than two (2) feet square maximum and the design of the sign is approved by the Review Committee prior to installation. The provisions of this paragraph may be waived by the Review Committee only when in its discretion the same is necessary to promote the sale of the property in the area of promotion of the Premise. The Review Committee may erect, place and maintain such sign structures as it deems necessary for the operation or identification of the subdivision.

  23. NUISANCES. No noxious or offensive trade or activity shall be carried on upon any Lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. Such restrictions shall include, but not be limited to using the Lot as a dumping ground for rubbish, garbage, trash or other waste materials, the placing thereon of unsightly piles of dirt, lumber or other material except during the construction, and then only during the course of construction. No substance, thing or material may be kept on any part of the Lot that will emit foul or obnoxious odors, or that will cause any noise that will or might disturb the peace, quiet, comfort or serenity of average and reasonable surrounding property owners. No Owner shall allow noxious weeds to occur on any Lot.

  24. DIRT REMOVAL. When there occurs an excess of soil or excavation material as a result of basement excavation or Lot grading, permission to remove that material must be obtained from the Review Committee.

  25. EASEMENTS. Easements for installation of utility and drainage facilities are shown on the plat of the Property, and additional easements will be shown on re-plats of the Property. Within the easement areas, lawns are allowed, but no structure, planting or other materials shall be placed or permitted to remain that interfere with the installation and maintenance of drainage or utility services. The easement area and all improvements thereon shall be maintained continuously by the Owner of the Lot, except for those structures or improvements for which a public authority or utility provider or Association is responsible. All claims for damages arising out of the construction, maintenance, and repair of any utility or drainage facility against the Developer are waived by the Owners. Developer reserves the right to change, lay out, create new or discontinue any street, avenue, or way shown on the plats of the Property not essential for ingress and egress from a Lot it does not own, subject to the approval of the appropriate governmental authority.

  26. MINING. No derrick or other structure designed for use in exploring for oil or natural gas shall be erected, placed, or permitted upon any part of the Lots nor shall any oil natural gas, petroleum, asphalt, or hydrocarbon products or minerals of any kind be produced or extracted anywhere in the Lots. No oil drilling, oil development operation, oil refining quarrying, or mining operations of any kind shall be permitted on any Lot of any part of the properties nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted on part of the Lots.  

  27. STORMWATER FACILITIES. All Owners acknowledge that certain stormwater drains will be constructed on the Property. By accepting conveyance of a Lot, all Lot Owners assume the risk of hazards, foreseen and unforeseen, associated with such stormwater drains, including without limitation, risks associated with them as they relate to safety of adults and children. All Lot owners for themselves, their children, guests, invitees, trespassers, successors, assigns, agents, employees and the like, hold the Developer harmless from and against any damage, claim, suit, injury, cost or expense (including attorney’s fees), as it pertains to injury to person or damage to property.

  28. MORTGAGES. The breach of any of the foregoing Restrictions shall not defeat or render invalid any lien, mortgage or deed of trust made in good faith for value as to any Lot or Lots or portions of Lots in the Development; but this Declaration shall be binding upon, and effective against any mortgagee, trustee or owner, whose title or whose grantor’s title is or was acquired by foreclosure, trustee sale or otherwise.

  29. DRIVEWAYS. Permitted materials for driveway construction include asphalt, interlocking paving stones and case in place concrete. Owners shall be responsible for removing snow and debris from individual driveways.

  30. SUBDIVISION PROHIBITED. Except for Lots owned by the Developer, no Lot shall be re-subdivided by an Owner to form a smaller Lot; provided, however, that two or more entire Lots may be combined to form a larger Lot or Lots with the prior written approval of the Review Committee. Such combined Lot shall thereafter be defined as the “Lot” for purposes of this Declaration.

  31. BUSINESS USE RESTRICTION. Unless prior approval is obtained in writing by the Review Committee, no business, trade, occupation or profession of any kind, whether carried on for profit or otherwise, shall be conducted, maintained or permitted in any Lot except that an Owner or Occupant residing in a Lot may maintain a home occupation or office with infrequent on-site client or customer meetings provided that 1) such use is otherwise in compliance with all applicable ordinance, codes, statutes, other laws, rules and regulations, 2) such use is incidental and secondary to the principal use of the Lot and improvements thereon for residential purposes and does not change the character thereof, 3) such use has no adverse effect on the use or enjoyment of any other part of the Property, 4) such uses do not involve physical alteration of the Lot and or improvements visible from the exterior; and 5) such uses do not involve any observable business activity such as signs, advertising displays, regular deliveries, or pedestrian or vehicular traffic to and from the Lot by customers or employees.

ARTICLE VI

 

OAHE LINKS HOMEOWNERS’ASSOCIATION

  1. MEMBERSHIP IN ASSOCIATION. Every Owner of any Lot is a mandatory member of the Oahe Links Homeowners’Association. The foregoing is not intended to include persons or entities that hold an interest merely as security for the performance of an obligation. All members of the Association shall be governed and controlled by the Articles of Incorporation and by the Bylaws adopted by the Association, which are not intended to be placed of record. For voting purposes, each Lot shall have one vote. 

  2. CREATION OF A LIEN AND PERSONAL OBLIGATION AND ASSESSMENTS . The Developer hereby covenants, and each Owner of any Lot by acceptance of a deed thereof, whether or not so expressed in such deed, is deemed to covenant and agree to pay the Association annual general assessments or charges, and special assessments for capital improvements. All assessments shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment shall also be the personal obligation of the Owner of such property at the time when the assessment fell due.

  3. METHOD OF ASSESSMENT. By vote of a majority of the members, the Association shall fix their annual assessment upon the basis provided herein, provided, however, that the annual assessment shall set the date(s) such assessments shall become due. The Association may provide for collection of assessments annually or in monthly, quarterly, or semi-annual installments, provided, however, that upon default of the payment of any one or more installments, the entire balance of said assessment may be accelerated, at the option of the Association, to be declared due and payable in full.

  4. GENERAL ASSESSMENT. The general assessment levied by the Association shall be used exclusively to promote the improvement, maintenance, and operation of the roads, signage, mailboxes, common areas and dock, boat slip, perimeter landscape and entrances to the Property. Each lot, whether improved or unimproved, shall be assessed at a uniform rate with the assessment commencing on a date and for an amount determined necessary by the Association.

  5. 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 for that year and for not more than the next four succeeding years for the purpose of defraying in whole or in part, the cost of any construction, reconstruction, repair or replacement of capital improvements located within the development including the roads, paving of roads, common areas and dock, boat slip, entrance and the landscaped area for area of the entrance, street lighting, banners, or other decorations to enhance the aesthetic value of the development, sidewalks, or any other improvement, including fixtures and personal property relating thereto, providing that any such assessment shall have the ascent of a two-thirds majority of the Owners who are voting in person or by proxy at a special meeting duly called for that purpose. So long as the Developer owns any Lot any special assessment must be approved in writing by the Developer. Any special assessment shall be levied in equal amounts for each Lot. The Developer predicts the most common assessments to be garbage removal, gravel for roads, and snow removal.

  6. SURPLUS FUNDS. The Association shall not be obligated to spend in any year all the Assessments and other sums received by it in such year, and may carry forward as surplus any balances remaining. The Association shall not be obligated to reduce the amount of the Annual Assessment in the succeeding year if a surplus exists from a prior year, and the Association may carry forward from year to year such surplus as the Board in its discretion may determine to be desirable of the greater financial security of the Association and the accomplishment of its purpose.

  7. ENFORCEMENT OF LIEN.

    1. All delinquent assessments, together with interest thereon (at an interest rate equal to the rate charged by Emmons County for delinquent taxes), and costs of collection thereof as hereinafter provided, shall be a charge on the land shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest thereon and costs of collection thereof, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due.

    2. If the Association elects to claim a lien for non-payment of assessments, it shall at any time within three hundred and sixty-five (365) days after the occurrence of default make a demand for payment to the defaulting Owner. Said demand shall state the date and amount of delinquency. If such delinquency is not paid within ten (10) days after delivery of such notice, the Association may elect to file a claim of lien against the Lot of such delinquent Owner. Such claim of lien shall state:

      1. The name of the delinquent Owner.

      2. The legal description of the Lot against which the claim of line is made.

      3. The amount claimed to be due and owing.

      4. That the claim of lien is made by the Association pursuant to the terms of this Declaration.

      5. That the lien claimed against the Lot is in an amount equal to the amount of the stated delinquency.

      6. Due demand has been made upon the defaulting or the delinquent Owner pursuant to the Declaration and that said amount was not paid within the ten (10) days after such demand.

    3. Upon recordation of a duly executed and acknowledged original of such claim of lien by the Emmons County Recorder’s Office, the lien claimed therein shall immediately attach to the real property. Each default shall constitute a separate basis for a claim of lien or a lien but a number of defaults may be included within a single claim of lien. Any such lien may be foreclosed by appropriate action in court or in the manner provided by law for foreclosure of real estate mortgages pursuant to the statutes of the State of North Dakota. Sale or transfer of any Lot pursuant to foreclosure shall extinguish the lien of such assessments as to payments which become due prior to such sale or transfer. The lien of the assessments provided for above shall be subordinate to the lien of any previously-recorded mortgage or security instrument.

ARTICLE VII

 

MAINTENANCE

 

  1. AREAS OF ASSOCIATION RESPONSIBILITY. The Association, or its duly delegated representative, shall be responsible for the management and maintenance of the roads, signage, mailboxes, common areas, common area docks and boat slips, perimeter landscape and entrances to the Property, and all improvements located thereon, except for any part thereof which any governmental entity is maintaining or is obligated to maintain. The Board shall be the sole judge as to the appropriate maintenance of all common areas. No Owner, resident or other person, except the Developer, shall construct or install any improvements on the common areas or alter, modify or remove any improvements situated on the common areas without the approval of the Board. No Owner, resident or other person shall obstruct or interfere with the Association in performance of the Association’s management or maintenance of the common areas and improvements located thereon.

  2. LOTS. Each Owner of a Lot shall be responsible for the maintenance of his Lot, and all buildings, landscaping or other improvements situated thereon. All buildings, landscaping and other improvements shall at all times be kept in good condition and repair. All grass, hedges, shrubs, vines, trees and plants of any type on a Lot shall be mowed, trimmed and cut at regular intervals so as to be maintained in a neat and attractive manner. Trees, shrubs, vines, plants, and grass which die shall be promptly removed and replaced with living foliage of like kind, unless different foliage is approved in writing by the Review Committee. No yard equipment, wood piles or storage areas may be maintained so as to be visible from neighboring property or streets. All Lots upon which no buildings, landscaping or other improvements have been constructed shall be maintained in a weed free and attractive manner.

  3. ASSESSMENT OF CERTAIN COSTS OF MAINTENANCE AND REPAIR . In the event that the need for maintenance of and common areas is caused through the willful or negligent act of any Owner, his family, tenants, guests, or invitees, the cost of such maintenance shall be paid by such Owner to the Association upon demand and payment of such amounts shall be secured by the Assessment Lien.

  4. IMPROPER MAINTENANCE AND USE OF LOTS. In the event any portion of any Lot is so maintained as to present a public or private nuisance, or as to substantially detract from the appearance or quality of the surrounding Lots or other areas of the development which are substantially affected thereby or related thereto, or in the event any portion of a Lot is failing to perform any of its obligations under the Association Documents, the Board may make a finding of such effect, specifying the particular condition or conditions which exist, and pursuant thereto give notice thereof to the offending Owner that unless corrective action is taken within fourteen (14) days, the Board may cause such action to be taken at said Owner’s cost. If at the expiration of said fourteen-day period of time the requisite corrective action has not been taken, the Board shall be authorized and empowered to cause such action to be taken and the costs of doing so plus a fifteen (15%) percent administrative fee shall be paid by such Owner to the Association upon demand and payment of such amounts shall be secured by the Assessment Lien.

  5. COUNTY ROAD USE AGREEMENT. The terms and conditions of the County Road Use Agreement, described below are hereby incorporated by reference, and the Association and the Owners are hereby bound by the terms set forth in the Road Use and Road Maintenance Agreement: By and Between Emmons County and Jon Richter, dated the 2nd day of January, 2022, and recorded on the 5 th day of February, in Book 79 Miscellaneous, Page 50, as Document Number ?

ARTICLE VII

 

GENERAL PROVISIONS

 

  1. ENFORCEMENT. Except where the right to enforce the Restrictions contained in this Declaration is reserved to Developer, for any violation of the Restrictions, the Owner of any Lot shall have the right to sue for and obtain an injunction, preventative or mandatory, to prevent the breach of an obligation, or to enforce the performance of an obligation, or to maintain a legal action for damages against the offender. No Lot owner or other party may bring an action against Developer for Developer’s failure to enforce a Restriction.

  2. WAIVER. No delay or omission on the part of Developer or the owners of any Lots in the Premises in exercising any right, power or remedy herein provided, in the event of any breach of the Restrictions, shall be construed as a waiver thereof or acquiescence therein and no right of action shall lapse. No action may be brought or maintained by anyone whatsoever against Developer for its failure to bring any action for any breach of this Declaration.

  3. DURATION. The Restrictions of this Declaration shall run with and bind the Premises and shall inure to the benefit of than be enforceable by heirs, devisees, successors and assigns for a term of thirty (30) years from the date this Declaration is recorded. After which time said covenants and restrictions shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then Owners has been recorded, agreeing to modify this Declaration in whole or in part.

  4. COMPLIANCE WITH LAWS. The Property shall be subject to any and all rights and privileges which the County of Emmons or State of North Dakota may have acquired through dedication or the filing or recording of maps or subdivisions plats as authorized by law. The covenants and restrictions herein created shall be in addition to, and not in substitution or replacement for any zoning ordinance, land use law, building code or other applicable law of the County of Emmons, State of North Dakota or other like municipality or governmental authority having jurisdiction over the Property.

  5. SEVERABILITY. In the event any one or more of the foregoing covenants and restrictions is declared for any reason by a court of competent jurisdiction to be null and void, the judgment or decree shall not in any manner whatsoever affect, modify, change, abrogate, or nullify any of the Restrictions not declared to be void or unenforceable, but all of the remaining covenants and restrictions not expressly held to be void or unenforceable shall continue unimpaired and in full force and effect.

  6. AMENDMENTS. This Declaration may be amended by Developer until it divests itself of the responsibility for architectural control. It shall be conclusively presumed that the Developer has not divested itself of responsibility for architectural control unless there is a sworn affidavit of record so stating. After that time, this Declaration may be amended by an instrument signed by the Owners of not less than eighty (80%) percent of the Lots. Any instrument amending, modifying or canceling this Declaration must be properly filed and recorded before it shall be effective.

                                                                            DECLARANT AND DEVELOPER

 

______________________________

Jon Richter

 

STATE OF NORTH DAKOTA  }

                                       }.

COUNTY OF EMMONS     }

 

     On this _______ day of ____________, 2021, before me, a Notary Public in and for said county and state, personally appeared Dennis Hummel, known to me to be the person who is described in and who executed the within and foregoing instrument and acknowledged to me that he executed the same as the Developer and Declarant herein.

 

______________________________

Notary Public

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