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.