After Recording, Return to:
Fishhawk Lake Recreation
Club, Inc.
71150 Northshore Drive
Birkenfeld, Oregon 97016
FISHHAWK
LAKE RECREATION CLUB, INC.
TABLE OF CONTENTS
RECITALS Page 2
ARTICLE
1 PROPERTY Page 3
ARTICLE
2 DEFINITIONS Pages 3 - 4
ARTICLE
3 THE ASSOCIATION Page 4
ARTICLE
4 PLANS, SPECIFICATIONS AND SITE
PLANS Pages 4 - 6
ARTICLE
5 ARCHITECTURAL, COVENANTS,
CONDITIONS, AND Pages 6 - 7
RESTRICTIONS
ARTICLE
6 COMMON PROPERTY Pages 8 - 9
ARTICLE
7 EASEMENTS Page 9
ARTICLE
8 USE AND OCCUPANCY COVENANTS,
CONDITIONS, AND Pages 9 -10
RESTRICTIONS AND RULES
OF CONDUCT
ARTICLE 9 COVENANTS FOR MAINTENANCE ASSESSMENTS/ Pages 10 -
11
SPECIAL ASSESSMENTS AND COMMON PROFITS
ARTICLE 10 DURATION AND AMENDMENT Pages 11 - 12
ARTICLE 11 ENFORCEMENT Page
12
ARTICLE 12 MISCELLANEOUS Pages 13 - 14
FISHHAWK
LAKE RECREATION CLUB, INC.
THIS RE-STATED DECLARATION is
approved this _____ day of August 2004
by the Owners of Lots in Fishhawk Lake Recreation Club, Inc. ("Association").
RECITALS
Whereas, Declarant Fishhawk Lake Estates Inc.
established the Association and adopted and recorded a Declaration of Restrictions
on May 23, 1967 in Volume 292, Page 587, Clatsop County Deed Records, as
amended by amendment recorded August 7, 1977 in Book 457, Page 106, Clatsop
County Deed Records; and as recorded May 26, 1967 in Book 165, Page 145,
Columbia County Deed Records, as amended by amendment recorded August 1, 1977
in Book 213, Page 435, Columbia County Deed Records; and
Whereas, the Association desires to restate a General
Plan (hereinafter called “General Plan”) for the improvement and development of
the said property (hereinafter referred to as “said Property”) which is
hereinafter more particularly described; and
Whereas, in accordance with said General Plan, the Association
desires to subject said Property to the following Re-Stated Covenants, Covenants,
Conditions, and Conditions, and Restrictions upon and subject to
which all or any portion of said Property shall be held, improved and conveyed;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, the Association
hereby certifies and declares that it has established a General Plan for the
protection, maintenance, development and improvement of the said Property and
that in accordance with said General Plan, said Property is and shall be held
and conveyed upon and subject to the Covenants, Conditions, and Restrictions
herein set forth, each and all of which are for the benefit of the Owner of
each part or portion of the said Property and each and all of which (a) shall
apply to and bind not only the Association while the Owner of any part or
portion of said Property, but also each and every and any future Owner thereof
or of any part thereof; (b) shall inure to the benefit of not only the
Association but also to the benefit of each, every and any future Owner of
each, every and any portion or portions of the said Property and to the benefit
of the Association, an Oregon non-profit corporation; (c) shall run with and be
binding upon said Property; and (d) may be enforced not only by the
Association, its successors and assigns, but also by each, every and any future
Owner of any portion of the said Property; and (e) is subject to ORS 94.550 –
94.783.
Said General Plan and said Covenants, Conditions, and
Restrictions now made applicable to said Property are as follows:
Article 1 --
Property
1.1 The
real Property subject to this Declaration is situated in Columbia and Clatsop
Counties, State of Oregon, and is more particularly described as follows:
“Fishhawk Lake Estates, Division No. 1, 2 and 2A in Columbia and
Clatsop Counties, Oregon, recorded in the offices of the County Clerks of
Columbia and Clatsop Counties, located in the State of Oregon.”
Article 2 --
Definitions
2.1 “Association” shall mean and refer to Fishhawk Lake Recreation Club,
Inc. Homeowners' Association, its successors and assigns.
2.2 “Building”, “Structure” and “Outbuilding” shall include both the main portion of such
structures and all projections therefrom plus any separate buildings used for
vehicles, storage, boats, firewood, or recreation, (i.e. gazebos, decks, dock,
etc).
2.3 "Common Property" shall mean and
refer to that area of land shown on the recorded plat of the Property,
including any improvements thereon, which are intended to be devoted to the
common use and enjoyment of the Members and which land has been conveyed to the
Association, together with property held for resale by Fishhawk Lake Recreation
Club, Inc.
2.4 "Declaration" shall mean the Covenants,
Conditions, and Restrictions and all other provisions set forth in this
Declaration for Fishhawk Lake Recreation Club, Inc.
2.5 “General
Plan” means the general plan herein provided.
2.6 "Lot" shall mean and refer to each
and any of the Lots shown on the plats of Division 1, 2, and 2A, Fishhawk Lake
Estates, on file in the records of Clatsop and Columbia Counties.
2.7 “Member”
shall be an Owner of one or more Lots with each Member entitled to one
vote. If any Lot is held jointly or in
common by more than one person, the several Owners shall constitute one Member
and be entitled to only one vote. The
several Owners shall select one Owner to act as the Member for purposes of
voting or serving as Trustee. If two or
more persons hold, jointly or in common, an interest in more than one Lot, the
Owners may select a Member for each Lot.
Provided no person shall be selected as a Member for more than one Lot,
nor have more than one vote. Lots owned
by the Association are not included in membership or quorum calculations.
2.8 “Member in Good Standing” shall be an
Owner who is current in the payment of assessments and owes no fines.
2.9 "Owner" shall mean and refer to the
Owner of record, whether one or more persons or entities, of the fee simple
title to any Lot or a purchaser in possession under a land sale contract. The foregoing does not include persons or
entities that hold an interest in any Lot merely as security for the
performance of an obligation.
2.10 “Property” shall mean and refer to all
real property included in Divisions 1, 2, and 2A plats of Fishhawk Lake
Estates.
2.11 "Rules and Regulations" shall mean
and refer to the documents containing Rules and Regulations adopted by the Board
of Trustees of the Association or the Architectural Committee as may be from
time to time amended.
2.12 “Street” means any street, highway or
other thoroughfare shown on the map of said Property.
Article 3 -- The
Association
3.1 The
Association is a Homeowners Association known as Fishhawk Lake Recreation Club,
Inc, an Oregon non-profit corporation.
The Articles of Incorporation and Bylaws of said corporation shall be
binding on the purchasers of any Lot and in the Property described in Article I
above, and shall be binding on their heirs, assigns, or any future holder.
3.2 The Association
has established an Architectural Committee which is under the direction of the
Association. Duties and powers of the
Architectural Committee are detailed in the following Covenants, Conditions,
and Restrictions but are not necessarily restricted thereto. The members of the Architectural Committee
shall be selected for a one year term and appointed by the President of
Fishhawk Lake Recreation Club, Inc. Any
member of the Architectural Committee may be removed by the Board of Trustees
of said Association at any time with or without cause. The Architectural Committee may adopt a set
of rules governing their procedures.
3.3 The
Architectural Committee shall keep written records of all of its decisions
whether for approval, disapproval or modification of plans, specifications, and
site plans submitted to it. It shall make a written report at least annually to
the Board of Trustees of its actions and deliberations stating its reasons for
its actions. It shall make such other
reports from time to time to the Board of Trustees of Fishhawk Lake Recreation
Club, Inc. as the Board of Trustees may request. If the Architectural Committee disapproves any plans,
specifications or site plans it shall give its disapproval to the applicant in
writing. The applicant may appeal to
the Board of Trustees of Fishhawk Lake Recreation Club, Inc., from the decision
of the Architectural Committee within 30 days from the receipt of the notice of
disapproval or modification. Such
appeal shall be in writing. The Board
of Trustees shall then review the action of the Architectural Committee and may
affirm, modify or reverse the action of the Architectural Committee.
4.1 No Building,
garage, patio, Outbuilding, dock, fence, driveway or other Structure shall be
constructed, erected, altered, moved on to or undergo exterior remodeling on a Lot
until two complete sets of plans and specifications and a site plan have been
approved in writing by any three of the five members of the Architectural
Committee.
4.1.1 Plans,
specifications and site plans shall be delivered to the Executive Secretary of
the Association or to such other person as may be designated by the
Architectural Committee.
4.1.2 The submission of
plans, specifications will include a site plan showing the Lot lines, set
backs, building(s) siting, tree removal, driveway, grading plan, water and
sewer connections. The plans and specifications will also include exterior
siding color(s) with at least a one square foot sample and roofing
material/color and a one square foot sample. In advance of the arrival of the
Architectural Committee members to the subject Lot, the applicant will have
properly staked the Lot corners and the corners of any proposed construction or
addition.
4.1.3 Designs will avoid
a boxy appearance. If this is
unavoidable, then applicant will be expected to create rooflines, overhangs,
decks, shutters and other features to break up such an appearance. The intent is that roofs have a slope of at
least 5 on 12. Appropriate materials
will include asphalt shingles, tile or composites, and metal. The colors are to blend into the environment
and include shades of brown, black and green.
Metal roofs will be reviewed to prevent light reflection that would be
annoying to a neighbor. To the extent
possible, roof vents, flashing, chimneys, and sheet metal will blend into roof
color. Siding shall be wood, vinyl,
hardy plank type of materials and the color will blend into the surrounding
environment and therefore should be greens, browns, and earth tones.
4.1.4 Plans will include
identification of any evergreen trees 8 inches or greater in diameter four feet
above ground level which are subject to removal. Removal is subject to approval by the Committee, but is justified
for trees which are in the footprint of a Building or driveway, are dangerous,
are dying, are endangering the health of surrounding trees, or interfere with
power lines. Limbing of trees for view,
sunlight or landscaping does not require approval. Topping of evergreen trees does require approval of the
Architectural Committee.
4.1.5 It is the Owner’s
responsibility to build in conformance with the plans, specifications, and site
plans approved by the Architectural Committee.
If changes are made to these plans which alter the character or
placement of the structure from those approved, the Architectural Committee will
request that the Owner either remove, replace, or correct the discrepancy. An on-site measurement shall be made by a
member of the Architectural Committee to check the Lot staking and foundation
placement. It is the responsibility of
the Owner to contact the facilities manager before any of the following is
being done:
1. Bulldozing
or grading which seriously changes slope or contour of land.
2. Connecting
to the water or sewer lines and covering up of those lines.
In
addition, clean up and appropriate disposal of debris from construction
activity shall be maintained on a regular basis.
4.2 The
Architectural Committee shall have the power and authority to approve or
disapprove the plans and specification and site plans. The reasons for disapproval may include
non-compliance with the Covenants, Conditions, and Restrictions and Bylaws of
Fishhawk Lake Recreation Club, Inc. and/or reasonable dissatisfaction with the
grading plan, location of the structure(s), finished ground elevations, color,
finish, materials, roof design, proportions, architecture, height and style of
structure. The intent is to have the
final structure in harmony with the General Plan of improvement throughout the
Property. Plans will only be accepted from Members in Good Standing.
4.2.1 The approval of one
set of plans, specifications and site plan shall not be deemed a waiver of the
Committee’s right to object to any of its features embodied in future plans,
specifications and site plans.
4.2.2 Plans will be deemed
as submitted on the date of the next scheduled Architectural Committee
meeting. If the Committee fails to
approve or disapprove plans, specifications and site plans within 30 days of
submission, it shall be presumed that the Committee has approved said plans,
specifications and site plans.
4.2.3 If the applicant
fails to adhere to the approved plans, specifications and site plans, the
Architectural Committee can issue a stop work order.
4.3 Permits from
the appropriate County must be available at the construction site prior to
commencement of any permitted activity.
5.1 No Lot in this
Property may be subdivided nor any building thereon be converted to a
condominium, timeshare or organized as a cooperative. Owners may lease their properties for one year or more but no
short-term rentals are allowed.
Immediately upon the lease of a Property, the Owner must promptly notify
the Executive Secretary of the name and address of said lessee.
5.2 No Building, Structure
or improvement shall be constructed, altered, placed or permitted to remain on Lots
in the Property, except as specifically permitted elsewhere in these Covenants,
Conditions, and Restrictions. Only one
family dwelling with appurtenant outbuildings is permitted on one Lot. If two
or more contiguous Lots in said Property are held in the same ownership and
there is only one main residence on the combined area, the remaining Lot
portions may be used for private outbuildings and grounds appurtenant to the
main residence.
5.3 Outbuildings
and garages constructed and maintained on any of said Lots shall conform
generally in architectural design, exterior material, color and roofing to the
finish of the main residence.
Outbuildings and garages may be attached or detached from the main
building. Outbuildings erected on
vacant Lots are not to exceed 96 square feet and one story.
5.4 On Lots in
said Property no residence shall have a finished living area of less than 900
square feet, exclusive of carports, garages and covered porches.
5.5 Setback lines
shall be measured from the foundation of buildings and shall be as follows: 20
feet from street property lines, 5 feet from side Lot lines, 15 feet from back Lot
line, and 50 feet from the edge of the Lake, Fishhawk Creek and Boxler Creek. Roof overhangs on side Lot lines may extend
to within 3 feet of the side Lot line.
If the Building has a covered porch, then the distance to the Lake,
Fishhawk Creek and Boxler Creek is measured from the end of the roof, not the
foundation. No part of the Structure
may be within 50 feet of the Lake, Fishhawk Creek or Boxler Creek with the
exception of uncovered decks which may extend up to 10 feet from the Building
providing that the deck does not interfere with the neighbors’ view.
5.6 No
shed, tent, canopy, garage, mobile home, manufactured home, recreational
vehicle or Outbuilding may be used as a permanent residence. Any of the foregoing may be used as a
temporary residence during construction of a permanent residence with approval
of the Architectural Committee but not to exceed ten months. Tents, canopies, and recreational vehicles
may be used on Lots for weekend and vacation occupancy up to a maximum of 60
days per year, subject to such Rules and Regulations as may be adopted from
time to time by the Board of Trustees of the Association. Tents, canopies, and recreational vehicles
are subject to the same setback requirements from the Lake as buildings. Tents, canopies, and recreational vehicles
may not be stored outside on Lots and must be removed when they are
unoccupied. Tents and canopies are not
to be used as storage facilities.
Mobile homes, recreational vehicles or outbuildings needed by the
Association for temporary employees or contractors approved by the Board of
Trustees are exempt from this Restriction.
5.7 No
Building or Structure shall be moved onto the Property from any land outside of
said Property without permission of the Architectural Committee.
5.8 No
person shall erect or maintain upon any part of said Lot any sign, advertisement,
billboard, or other advertising structure of any kind, except that an Owner may
place place political
signs as allowed by law and his own “For Sale” sign on his Lot, and a
builder may place his sign during construction and subsequent offer for sale. Signs are not allowed on the Lake side of
the Lot. “For Sale” signs must be
removed if a Lot is not actively offered for sale either through advertising or
a listing with a real estate firm. No
sign shall exceed two feet by three feet in size. Garage sale signs may be posted, but must be removed promptly
after the completion of the sale.
5.9 No
fence, wall or hedge shall be planted, erected, located or maintained upon any
of said Lots in such location or at such height as to unreasonably obstruct the
view of the Lake from any other Lot or Lots in said Property. Fences shall not be erected, located or
maintained on any Lot nearer than 15 feet to any street Lot line, and, on the
Lake front Lots and Fishhawk and Boxler Creeks front Lots, no nearer than 50
feet from the water’s edge.
5.10 All
exterior lighting shall be designed and directed to illuminate only the Lot on
which it is installed. “Sentry”
lighting on freestanding poles or attached to buildings or Outbuildings is not
allowed unless the lighting is shielded to direct it to only the Lot on which
it is installed. Floodlighting may not
be left on overnight.
5.11 Construction
of docks or other Structures extending into Fishhawk Lake or into or over any
body of water or stream must be approved by the Architectural Committee,
however, no Structure may extend more than 10 feet from the bank of the Lake, 5
feet from the bank of the canal or 2 feet from the bank of Fishhawk Creek. The design of any such Structure must be
submitted to and approved by the Architectural Committee. Boathouses and storage Structures are not
permitted. Only dark green, brown, or
black tarps may be used to cover boats and wood piles.
5.12 The
work of construction on Buildings and Structures shall be prosecuted diligently
and continuously from commencement of construction until the outside of the Buildings
or Structures are fully completed and painted.
All Buildings and Structures shall be complete as to external
appearance, including finished painting within 10 months from date of
commencement of construction, unless prevented by causes beyond the Owner’s
control. Any extensions to the 10-month
construction period must be approved by the Architectural Committee.
Article 6 --
Common Property
6.1 Subject
to the rights of Owners set forth in this Declaration, the Association shall be
responsible for the exclusive management and control of the Common Property,
including the clubhouse complex with three Buildings on a portion of the
island, a tennis court and other improvements including a firehouse, and shall
keep the same in good, clean, attractive and sanitary condition, order and
repair. This obligation shall include the
obligation for the maintenance, repair and replacement of streets, sanitary
sewer and water lines up to individual Lot lines and maintenance of the dam.
6.2 Subject
to the provisions of this Declaration, the Bylaws, and Rules and Regulations of
the Association, every Owner shall have a nonexclusive right and easement of
enjoyment in and to the Common Property, which shall be appurtenant to and
shall pass with the title to every Lot.
6.3 The
members' easements of enjoyment created hereby shall be subject to the
following:
6.3.1 The
right of the Association to establish reasonable Rules and Regulations and to
charge reasonable assessments for capital expenditures on the Common Property
and the maintenance and upkeep of the Common Property and payment of all
Association expenses.
6.3.2 As
provided by ORS 94.665, the right of the Association to sell, dedicate or
transfer any portion of the Common Property or to create a security interest
therein. The Board, without approval of the membership, may grant easements for
utilities and similar or related purposes and may re-sell any Lot taken by
foreclosure or deeded to the Association.
6.4 Any
Owner may delegate his or her right of enjoyment to the Common Property and
facilities to the members of the Owner's family and to a reasonable number of
guests subject to Rules and Regulations as may be established from time to time
by the Association.
6.5 In
the event any Common Property is damaged or destroyed by an Owner or any of his
or her guests, tenants, licensees, agents or members of his or her family in a
manner that would subject such Owner to liability for such damage under Oregon
law, such Owner does hereby authorize the Association to repair such damage;
the Association shall repair damage in a good and workmanlike manner as
originally constituted or as the area may be modified or altered subsequently by
the Association in the discretion of the Association. The reasonable cost necessary for such repairs for the damage
only shall become a special assessment upon the Lot of the Owner who caused or
is otherwise responsible for such damage.
6.6 At
the discretion of the Association, certain Association owned Lots may be used
for Association owned equipment, operating systems, and the structures as may
be necessary to protect these systems and equipment.
6.7 The
Association will furnish water in the streets in the front of all Lots. Each
Owner of a Lot shall be entitled to one hook-up to the private water
system. The cost of the hook-up,
materials and labor is to be paid for by the Owner. Any charge for water service will be based on a rate not to
exceed the rate as permitted by the Oregon State Public Service Commission. The Association may terminate water service
to any Lot not paying the Association assessments or water service rates when
due.
6.8 The Association will operate, maintain and upgrade the water
system, as required and in accordance with appropriate laws and for the good of
all Lot Owners.
7.1 The
Association hereby grants to the Association a blanket easement with respect to
all Lots on the Property for the purpose of maintaining, repairing and
replacing sewer, water, and drainage lines serving the Lots. The easement granted in this Section shall
be perpetual and shall run with the land.
7.2 The Association
hereby reserves and further declares that upon the conveyance of any Lot in
said Property, there is reserved the following:
7.2.1 All the water rights in,
under, or flowing over said Property, or appurtenant thereto, or to any part
thereof, including the right to develop water thereon, transport or export
water therefrom.
7.2.2 In
case of an emergency originating in or threatening his or her Lot, an Owner
shall grant the right of entry to the manager or to any other person authorized
by the Board of Trustees or the Association, whether the Owner is present at the
time or not.
7.2.3 An
easement is reserved to the Association in and through any Lot and the Common
Property providing access at reasonable times and with reasonable notice for
purposes of maintenance, repair and replacement of the Common Property. If, in the process of such repair and
maintenance by the Association, it is necessary to alter or damage any Lot or
Common Property, such alterations or damages will be permitted without
compensation, provided the Lot and/or Common Property are promptly restored to
substantially their prior condition by the Association.
7.2.4 Any
conveyance by the Association shall except such easements so reserved from any
grant or conveyance hereafter made of said Property.
Article 8 -- Use
and Occupancy Covenants, Conditions, and Restrictions and Rules of Conduct
8.1 The
Owner of each Lot of said Property shall keep such Lot free and clear of all
tall grass, weeds and rubbish and do all other things necessary or desirable to
keep the premises neat and in good order.
Owners will be given a 30 day notice to remedy if they are deemed in
violation of this Restriction. It is
hereby agreed that in the event of the default in the performance of this Restriction,
the Association, its successors or assigns, hereby reserve the right to enter
upon the Lot of such Owner and remove all tall grass, weeds and rubbish and do
all other things necessary to place said Lot in a neat and orderly condition in
accordance with this Restriction, and the expense thereof shall become due and
payable from such Owner to the Association, its successors or assigns within
five (5) days after written demand therefore.
If not paid, said charges may be foreclosed as a lien against the Lot
and the Lot Owner shall be responsible for costs and reasonable attorney fees.
8.2 Said
Property shall not, nor shall any part thereof, nor any Lot therein be used for
the purpose of mining, quarrying, drilling, exploring for, taking or producing
there from, water, oil, gas or other hydrocarbon substances, minerals or ores
of any kind except as reserved by previous Owners, and properly recorded in the
office of the Columbia or Clatsop County Clerk; and except that the Association
may drill for water as required to supply Owners in the Property.
8.3 The
Board of Trustees of the Association may make reasonable Rules and Regulations
for the control and the use of Fishhawk Lake including, but not limited to, the
character and size of boats and other floating devices and their operation.
Only boats owned or controlled by Lot Owners may be allowed on the Lake. All such boats shall display a membership
number. No motors shall be allowed on
any boat on the Lake excepting electric powered motors or on boats under the
control of the Association. Boats,
motors, and boat trailers brought in from other locations must be washed before
use on the Lake.
8.4 Outside
fires may be built only as permitted by the governing authorities of Columbia
and Clatsop Counties, State of Oregon, and the Oregon Department of Forestry
and as specified in the Association’s Rules and Regulations.
8.5 No
hunting shall be permitted. No trapping
shall be permitted, except the trapping of vermin (mice, voles, shrews, and
rats). Live trapping may be permitted
for the purpose of relocation of the animals.
8.6 The
discharge of firearms, air rifle or pistols, CO2 guns, bows and arrows,
slingshots, blowguns, or any potentially dangerous projectile within the
boundaries of the Property is strictly prohibited.
8.7 No
herbicide, pesticide or non-organic fertilizer use within 50 feet of the Lake
is permitted. Excepted are herbicides
approved by and applied under the Association’s supervision to control weeds in
the Lake.
8.8 No
visible commercial activity is permitted on the Property.
8.9 The
Owners of any Lot in said Property or portion of said Property shall be bound
by the Articles of Incorporation and the Bylaws of the Fishhawk Lake Recreation
Club, Inc. and these Covenants, Conditions, and Restrictions. Assessments as levied in accordance with
said Bylaws and Articles of Incorporation of the Fishhawk Lake Recreation Club,
Inc. shall constitute a lien against the Lots in the Property described in
Article I and can be foreclosed by Fishhawk Lake Recreation Club, Inc. in the
manner provided by the laws of the State of Oregon for the foreclosure of
liens, including interest on the amount due together with reasonable attorney
fees.
Article 9 – Covenants for Maintenance Assessments/Special
9.1 The
Owners of all Lots by acceptance of a deed thereof, whether or not it shall be
so expressed in such deed, are deemed to covenant and agree to pay the
Association (l) regular assessments or charges for common expenses, and (2)
special assessments. All such assessments,
together with interest thereon at the rate established from time to time by
resolution of the Board of Trustees and together with all other costs, fees,
charges and fines allowed by law, shall be a lien and charge on the land and
shall be a continuing lien upon the Lot against which each such assessment is
made. Such lien shall exist and be
executed, recorded and foreclosed in the manner provided by law.
9.2 The
assessments levied under this Article shall be used exclusively for the purpose
of promoting the recreation, health, safety and welfare of the residents of the
Property, and for the improvement and maintenance of such Property, including
payment of premiums for insurance required under this Declaration and to fund a
replacement reserve for those items the Association has maintenance
responsibility, and for payment of any common operating expenses such as
landscaping, maintenance, Association water, sewer and garbage collection,
management services, legal and accounting services and the like. Neither the Association, nor any assessments
of the Owners shall be used to engage in lobbying or to exert political
influence.
9.3 Assessments. The Board of
Trustees, upon vote of approval of a vote of a majority of the Members present
at an annual or special meeting shall have the power to levy assessments
against an Owner or Owners in the following manner for the following purposes:
9.3.1 To pay the pro rata share of the operating
budget.
9.3.2 To collect amounts due to the Association
from an Owner for breach of the Owner's obligations under the Declaration,
these Bylaws, or the Association's Rules and Regulations.
9.3.3 To make repairs or renovations to the Common
Property or those portions of the Buildings for which the Association has
maintenance responsibility if sufficient funds are not available from the
operating budget or replacement reserve accounts.
9.3.4 To make capital acquisitions or
improvements, provided, such acquisitions or improvements shall require
approval of at least sixty-six percent (66%) of the Members present instead of
a majority.
9.4 Default. Failure by an Owner
to pay any assessment of the Association shall be a default by such Owner of
his or her obligations pursuant to these Bylaws and the Oregon Planned
Community Act. In addition to the interest, which may be charged on delinquent
assessments, the Board of Trustees, at its option, may impose a late charge
penalty and administrative fee in respect to any assessment not paid within ten
(10) days from the due date. Such penalty may not exceed the sum of ten percent
(10%) of the assessment. The Association shall be entitled to a lien, which may
be enforced upon compliance with the provisions of the Oregon Planned Community
Act. In any foreclosure suit by the Association with respect to such lien, the
Association shall be entitled to collect reasonable rent from the defaulting
Owner for the use of his or her Lot or shall be entitled to the appointment of
a receiver. Any default by the Owner in any provisions of these Bylaws or of
the Oregon Planned Community Act shall be deemed to be a default by the Owner
of any mortgage to which the Owner is a party or to which the Lot is subject.
Article 10 --
Duration and Amendment
10.1 The
Covenants, Conditions, and Restrictions herein contained shall run with said
Property and shall be binding and in force and effect until December 31, 2030,
for the mutual benefit of all the Lots in said Property.
10.2 At
any time prior to December 31, 2030, seventy-five percent (75%) or more of the
Members of record in said Property, subject to this Declaration may extend the
term during which said Covenants, Conditions, and Restrictions shall bind and
affect said Property to December 31, 2050, by executing and acknowledging an
instrument in writing to that effect which shall be duly recorded with the
County Clerk of Columbia and Clatsop Counties, State of Oregon. . The Board of Trustees may not vote for
Llots
owned by the Association are not included in voting or membership
percentage determinations.
10.3 Seventy-five
percent (75%) or more of the total Members of record of Lots in said Property
may, at any time, modify, amend, cancel or annul, with respect to all of said
Property, all or any of the Covenants, Conditions, and Restrictions contained
in this Declaration and any supplement or amendment thereto by instrument in
writing signed by said Members and acknowledged by them so as to entitle it to
be recorded in the office of the County Clerk of Columbia and Clatsop Counties,
State of Oregon. The Board of
Trustees may not vote for lLots owned by the Association are not included
in voting or membership percentage determinations.
10.4 The
easements and reservations herein contained shall be perpetual unless released
by the Association grantor and/or those persons or corporations to whom such
rights have been assigned and conveyed as herein provided.
Article 11 --
Enforcement
11.1 The
Association and the Owners within the Property or any mortgagee on any Lot
shall have the right to enforce all of the Covenants, Conditions, and
Restrictions, easements, liens and charges now or hereinafter imposed by any of
the provisions of this Declaration as may appertain specifically to such
parties or Owners by any proceeding at law or in equity. Failure by either the
Association or by any Owner or mortgagee to enforce any Restriction herein
contained shall in no event be deemed a waiver of their right to do so
thereafter. In the event suit or action is commenced to enforce the terms and
provisions of this Declaration, the prevailing party shall be entitled to its
attorney fees and costs in such suit or action to be fixed by the trial court,
and in the event of an appeal, the cost of the appeal, together with reasonable
attorney fees, to be set by the appellate court. In addition thereto, the
Association shall be entitled to its reasonable attorney fees incurred in any
enforcement activity taken to collect delinquent assessments, whether or not
suit or action is filed.
11.2 The
violation or breach of any of the Covenants, Conditions, and Restrictions
contained herein shall give the Association and/or any Owner of Lot(s) in said
Property the right to prosecute a proceeding at law or in equity against the
person or persons who have violated or are attempting to violate any of the Covenants,
Conditions, and Restrictions and to prevent or enjoin them from so doing, to
cause said violation to be remedied, or to recover damages for said violation.
11.3 The
result of every act or omission whereby any Covenant, Condition or Restriction
herein contained is violated, in whole or in part, is hereby declared to be and
shall constitute a nuisance and every remedy allowed by law or in equity
against an Owner shall be applicable against every such result and may be
exercised by the Association and/or the Owner of any Lot in said Property.
11.4 The
Board of Trustees may adopt and publish to the members of the Fishhawk Lake
Recreation Club, Inc. a schedule setting forth liquidated damages for specific
violations of provisions of these Covenants, Conditions, and Restrictions and
of any violations of Rules and Regulations adopted pursuant to these Covenants,
Conditions, and Restrictions. If any
violation of the above provisions occurs, then the members the Board of
Trustees may bring an action at law as a small claim against the Lot Owner
responsible for such violation.
11.5 The remedies contained
and set forth in this Article shall be cumulative and not exclusive.
11.6 The
lien, with respect to any assessment provided for herein, shall be prior to any
homestead exemption and all other liens and encumbrances on a Lot, except a
first mortgage of record, a lien for real estate taxes and other governmental
assessments or charges. Sale or
transfer of any Lot shall not affect the assessment lien.
Article 12 --
Miscellaneous
12.1 Any
or all rights, powers and reservations contained in these Covenants,
Conditions, and Restrictions as the same exist or may hereafter be amended may
be transferred by Fishhawk Lake Recreation Club, Inc., to another corporation
or entity organized for the purpose of accepting or assuming part of such
duties. Such assignment shall only occur on a vote of a majority of the
Members. The Board of Trustees may not
vote for Lots owned by the Association.
12.2 The
provisions contained in this Declaration shall bind and inure to the benefit of
and be enforceable by the Association and the Owner of any Lot in said
Property, or their legal representatives, heirs, successors and assigns.
12.3 The Board of Trustees shall preserve and maintain minutes
of the meetings of the Association, the Board and any committees. The Board of Trustees shall also keep
detailed and accurate financial records including individual assessment
accounts of owners, the balance sheet and income and expense statements.
Individual assessment account shall designate the name and address of the Owner
or Owners of the lot, the designated Association Member, the amount of each
assessment becomes due, the amounts paid upon the account, and the balance due
on the assessments. The minutes of the
Association, the Board and committees, and the Association's financial records
shall be reasonably available for review and copying by the Owners. A reasonable charge may be imposed by the
Association for providing copies.
12.4 The Association
shall indemnify any Trustee, officer, employee or agent who was or is a party
or is threatened to be made a party to any threatened, pending or completed
action, suit or proceeding, whether civil, criminal, administrative or
investigative (other than an action by the Association) by reason of the fact
that he or she is or was a Trustee, officer, employee or agent of the
Association or is or was serving at the request of the Association as a
Trustee, officer, employee or agent of another corporation, partnership, joint
venture, trust or other enterprise, against expenses (including attorney fees),
judgments, fines and amounts paid in settlement actually and reasonably
incurred by said person in connection with such suit, action or proceeding if he
or she acted in good faith and in a manner he or she reasonably believed to be
in, or not opposed to, the best interest of the Association, and, with respect
to any criminal action or proceedings, had no reasonable cause to believe his
or her conduct was unlawful. The
termination of any action, suit or proceeding by judgment, order, settlement,
conviction, or with a plea of no contest or its equivalent, shall not of itself
create a presumption that a person did not act in good faith and in a manner
which he or she reasonably believed to be in, or not opposed to, the best
interest of the Association, and, with respect to any criminal action or
proceedings, had reasonable cause to believe his or her conduct was
unlawful. Payment under this clause may
be made during the pendency of such claim, action, suit or proceeding as and
when incurred, subject only to the right of the Association, should it be
proven at a later time that said person had no right to such payments. All
persons who are ultimately held liable for their actions on behalf of the
Association as a Trustee, officer, employee or agent shall have a right of
contribution over and against all other Trustees, officers, employees or agents
and members of the Association who participated with or benefited from the acts
which created said liability.
IN WITNESS WHEREOF, The Association herein has caused its name
to be hereunto subscribed by its duly authorized agents the day and year first
above written.
FISHHAWK LAKE RECREATION CLUB, INC.
By___________________________________
President, Fishhawk Lake Recreation Club,
Inc.
ATTEST:
_______________________________________
Secretary,
Fishhawk Lake Recreation Club, Inc.
STATE
OF OREGON )
)
ss.
County
of Clatsop )
This instrument was acknowledged
before me on ____________________, 2004 by
___________________________
as President of Fishhawk Lake Recreation Club, Inc.
___________________________________
NOTARY
PUBLIC FOR OREGON
STATE
OF OREGON )
)
ss.
County
of Clatsop )
This instrument was acknowledged
before me on ____________________, 2004 by
____________________________
as Secretary for Fishhawk Lake Recreation Club, Inc.
___________________________________
NOTARY
PUBLIC FOR OREGON
FISHHAWK LAKE RECREATION CLUB, INC. FINES FOR VIOLATIONS OF BYLAWS, CC&RS, AND RULES AND REGULATIONS DECEMBER, 2004 FINE PROCESS Example: A member builds a dock without
obtaining approval from the Architectural Committee. The Board sends the member a
certified letter advising him that he/she is in violation of the CC&Rs and that
he/ she must obtain approval for the dock from the Architectural Committee by a specified date or be fined at
a rate of $25 per day from that date forward until approval is obtained. If the Member refuses to or cannot obtain
approval from the Architectural Committee within the specified time period,
then they will be fined at a rate of $25 a day from that date until the dock is
removed. The member may appeal the fine
to the Board within 45 days of receipt of the notification letter. SCHEDULE OF FINES COVENANTS, CONDITIONS, AND RESTRICTIONS according to the CC&Rs:
$200 per incident. 4.1.3 Failure
to obtain approval from the Architectural Committee for new exterior paint color: $25 per day in
violation. 4.1.4 Removal
of evergreen trees eight inches or greater in diameter without Architectural Committee approval: $500 per tree. Topping of evergreen trees without
Architectural Committee approval: $100
per tree. 4.1.5
Bulldozing or grading which seriously changes the slope or contour of the land without the
approval of the Architectural Review Committee and without contacting the Lake
Manager: $500 Connecting to the water or sewer lines
without contacting the Lake Manager: $500 Failure to
clean up and dispose of construction debris within 30 days of written warning:
$25 per day in violation. 5.1 Short-term rental (less than one year): $25
per day in violation 5.6 Using a shed, tent, canopy garage, mobile,
home, manufactured home, Recreational vehicle, or Outbuilding as a permanent residence
except during a Maximum
of ten months while constructing a permanent residence: $25 per day in violation. Using a tent, canopy, or recreational vehicle
in excess of 60 days a year for weekend or vacation occupancy on a Lot: $25 per day in violation. Storing a tent, canopy, or
recreational vehicle on a Lot: $25 per
day in violation. Using a tent or canopy for
storage on a Lot: $25 per day in violation. 4.7 Failure to remove a building or structure
moved onto Lot without the approval of the Architectural Committee: $50 per day in
violation. 4.8 Failure to remove
a “For Sale” sign on the Lake side of the property: $10 per day in violation. Failure to
remove a “For Sale” sign if the property is not actively offered for sale: $10
per day in violation. Failure to
remove a “Garage Sale” sign within seven days of the sale: $10 per day in
violation. Failure to
remove a political sign within seven days of the election: $10 per day in
violation. Failure to
remove any unapproved sign: $10 per day in violation. 4.9 Failure to remove a fence or hedge erected
without the approval of the Architectural Committee: $25 per day in violation. 5.10 Failure to
shield exterior lighting to the Lot on which it is installed: $10 per day in violation. 5.11
Failure to remove a dock erected without the approval of the Architectural Committee: $25 per day in violation. 5.12 Failure to complete the exterior
construction of a Building or Structure within 10 months unless given an extension by the Architectural
Committee. $50 per day in violation. 8.1 Failure
of an Owner to keep his Lot free of and clear of tall grass, weeds, and
rubbish: $50 per occurrence in addition
to the cost of the Association performing the work. 8.3 Launching unwashed boats from outside
Fishhawk Lake into the Lake: $200. 8.5 Trapping of other than vermin (mice, voles,
shrews, and rats): $200 per incident. Live trapping for purposes of relocation is allowed
with a valid permit from Oregon Fish and Wildlife. 8.6 Discharge firearms, air rifles, CO2 guns,
bows and arrows, slingshots, blowguns, or other potential dangerous
projectiles: $100 per incident. 8.7 Application of
herbicides, pesticides, or non-organic fertilizer within 50 feet of the
Lake: $25 per incident. BYLAWS 6.2 Keeping
farm animals on a Lot: $25 per day in
violation. Breeding domestic
animals for commercial purposes: $25
per day in violation. 6.6 Storing
vehicles in disrepair outside: $25 per
day in violation.
4.1 Failure to submit plans and
specifications to the Architectural Committee