After Recording, Return to:

Fishhawk Lake Recreation Club, Inc.

71150 Northshore Drive

Birkenfeld, Oregon  97016

 

 

 

RE-STATED DECLARATION OF COVENANTS, CONDITIONS, AND COVENANTS, CONDITIONS, AND RESTRICTIONS FOR

FISHHAWK LAKE RECREATION CLUB, INC.

HOMEOWNERS' ASSOCIATION

 

 

 

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

 

 

 

 

 

 

RE-STATED DECLARATION OF COVENANTS, CONDITIONS, AND COVENANTS, CONDITIONS, AND RESTRICTIONS

FOR

FISHHAWK LAKE RECREATION CLUB, INC.

HOMEOWNERS' ASSOCIATION

 

 

 

 

            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.

 

 

Article 4 -- Plans, Specifications and Site Plans

 

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.

 

 

Article 5 -- Architectural Covenants, Conditions, and Restrictions

 

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.

 

 

Article 7 – Easements

 

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.