THE MEADOWS AT RIVERBEND HOMEOWNERS ASSOCIATION, INC. RESOLUTION OF THE BOARD OF DIRECTORS This resolution is made on the date set forth below by the Board of Directors (the Board ) for The Meadows at Riverbend Homeowners Association, Inc. (the Association ). RECITALS A. Real property in Weber County, Utah, knows as The Meadows at Riverbend subdivision, was subjected to covenants, conditions, and restrictions pursuant to a Declaration of Covenants, Conditions and Restrictions recorded on July 11, 2012, in the Weber County Recorder s Office as Entry No. 2583259 (the Declaration ); B. Pursuant to Declaration Article IX, Section 9.16 the Association has the right to create rules and regulations governing the keeping of animals on a Residential Lot and/or Dwelling Unit; C. The Board desires to set forth procedures and regulations governing animals in the Project F. This Resolution was properly adopted by the necessary vote of the Board in compliance with the provisions of the Association Bylaws; NOW BE IT RESOLVED: 1. Animals. Pursuant to Section 9.16 of the Declaration, the only allowable animals are domesticated dogs, cats, birds, reptiles, and fish. No more than 2 allowed animals may be kept in any Dwelling Unit, and must be kept within compliance with these rules. 2. Registration. Residents shall register their animals with the Association and the Association s current provider of DNA-testing for animal waste. Residents are responsible to pay all fees and costs directly to the DNA registration provider. Failure to register an animal with the DNA registration service may result in removal of the animal from the Project. 3. Vaccination and Licensing. All animals must be vaccinated and licensed pursuant to Ogden City and Weber County municipal codes; 4. Miscellaneous. All animals must reside within the Dwelling Unit, and must be supervised when on Common Areas or when they have access to Common Areas; a. Dogs shall be on a leash at all times when on Common or Limited Common Areas. Residents shall report any unleashed animals on the Common Areas to animal control. b. Animals may not be leashed, tethered, or secured to the exterior of a Dwelling Unit or improvements located on Common Area;
c. Animal Owners are responsible for the immediate removal of their animal s feces from Limited Common Areas and Common Areas. d. In addition to being fined for violations of these rules, Owners will also be personally liable for any expenses related to repairs made to the Common Areas due to damage done by an Owner s animal. e, No animal may be kept, bred, or maintained for any commercial purpose. f. Any animal which endangers the health or welfare of any Owner, resident, invitee, or guest is to be reported immediately to the Weber County animal control officer. If it is determined by the County that the animal is vicious or a danger to the community, the animal must be permanently removed from the Project upon seven (7) days written notice. Any animal bites must be reported to Animal Services within 24 hours for investigation. ATTEST: g. Any animal which creates a nuisance with excessive howls, barks, whines, or other disturbing noises must be permanently removed from the Project upon seven (7) days written notice. h. Owners shall be responsible for the animals of guests and invitees that are brought to the Project. Such animals shall be subject to the same restrictions as stated in the governing documents. Animals of non-residents may not remain in the Project for more than fourteen (14) days without the prior written permission of the Board. i. Owners are liable for any damage to persons or property caused by their animal(s) or the animal(s) of their guests and invitees. President Secretary Effective Date:
After Recording Return To: SEB Legal, LLC PO Box 71565 Salt Lake City, UT 84171 AMENDMENT TO THE COMMUNITY DECLARATION FOR THE MEADOWS AT RIVERBEND HOMEOWNERS ASSOCIATION, INC. This Amendment to the Community Declaration for The Meadows at Riverbend Homeowners Association, Inc. ( Declaration ) is executed on the date set forth below by The Meadows at Riverbend Homeowners Association, Inc. ( Association ) on behalf of its Board of Directors ( Board ). RECITALS A. Real property in Weber County, Utah, known as The Meadows at Riverbend was subjected to covenants, conditions, and restrictions pursuant to the Declaration recorded on July 11, 2012, in the Weber County Recorder s Office as Entry No. 2583259; B. This amendment shall be binding against the property described in EXHIBIT A and the Declaration, and any amendment, annexation, or supplement thereto; C. This amendment is intended to clarify leasing restrictions as stated in the Declaration; D. The President and Secretary certify that this Amendment was approved by the affirmative vote of at least 67% of the total votes of the Association as required by Declaration Article XII, Section 12.1; E. The Declarant certifies that it has approved this amendment as required by Declaration Article XII, Section 12.3; NOW, THEREFORE, the Association, by and through its Board, hereby amends the Declaration as follows: Declaration Article IX, Section 9.17 is amended in its entirety to state the following: SECTION 9.17 (a) ( Lot ). NO FURTHER SUBDIVISION; LIMITATIONS ON LEASING. No further subdivision. No Owner shall further partition or subdivide a Residential Lot (b) Limitations on Leasing. Lots may only be leased to a single family as defined by Ogden City municipal ordinance. No Owner may lease less than their entire Lot or have more than one lease in effect at the same time. For the purposes of this Section, leasing of a Lot means a Lot that is occupied by someone other than the Lot Owner while no Lot Owner occupies the Lot as the Owner s primary residence, or a Lot owned by an entity or trust, regardless of who occupies the Lot. The leasing of Lots by Owners shall be in accordance with this Section. i. Minimum Lease Term. The minimum lease term shall be six (6) months. 1
Nightly, weekly, or any VRBO-type leasing is not allowed. ii. Lease Limit. No Lot may be leased if the lease results in more than twentythree (23) of the Lots being leased, unless the Lot Owner qualifies for a hardship or grandfather exemption. iii. Hardship Exemption. The Board shall offer the following exemptions to the Lease Limit or Minimum Lease Term in cases such as: 1) an Owner is in the military for the period of Owner s deployment; 2) a Lot is occupied by an Owner s parent, child or sibling; 3) an Owner whose employer has relocated the Owner for no less than two (2) years; or 4) a Lot is owned by a trust or other entity created for estate planning purposes if the trust or other estate planning entity was created for the estate of: a) a current resident of the Lot; or b) the parent, child, or sibling of the current resident of the Lot. iv. Grandfather Exemption. Any Owner who presently has a leased Lot prior to this Amendment being recorded with the Weber County Recorder s Office may continue leasing their Lot without being subject to the Lease Limit or the Minimum Lease Term until such time as: 1) the Owner re-occupies the Lot; or 2) an officer, owner, member, trustee, beneficiary, director, or person holding a similar position of ownership or control of an entity or trust that holds an ownership interest in the Lot, re-occupies the Lot; or 3) upon the conveyance, sale, or other transfer of the Lot by deed; or 4) the granting of a life estate in the Lot, or 5) the sale or transfer of more than 75% of the business entity s share, stock, membership interest, or partnership interests in a 12-month period if the Lot is owned by a limited liability company, corporation, partnership, or other business entity. v. Application and Approval Process. Prior to leasing any Lot, an Owner shall apply to the Board. The Board shall review the application and make a determination of whether the lease will exceed the Lease Limit and/or the Minimum Lease Term. The Board shall: 1) approve the application if it determines that the rental or lease will not 2
exceed the Rental-Lease Limit and/or complies with the Rental-Lease Term; or 2) deny the application if it determines that the rental or lease will exceed the Rental-Lease Limit and/or violates the Rental-Lease Term. If an Owner s application is denied due to the Rental-Lease Limit, the applicant may be placed on a waiting list according to the date the application was received so that the Owner whose application was earliest received will have the first opportunity to lease. vi. Owner Liability and Background Checks. In the event that a rental is permitted, the Owner of the Lot is responsible for the full cost of any damages to the property maintained by the Association that was caused by the tenant/lessee. Any Owner who leases their Lot shall do so in compliance with all local laws, including business licensing. Owners shall not lease their Lots to registered sex offenders or convicted felons. An Owner shall conduct a criminal background check on all potential tenants and provide the Association with a sworn statement, that as of the date they lease the Unit, none of the tenants are known registered sex offenders or convicted felons. vii. Lease Agreements Required Terms. All Owners that have been approved to lease their Lot shall use and provide the Board with a copy of a written lease agreement. All lease agreements shall be kept on file with the books and records of the Association so that the Association may determine the number of leased Lots. All lease agreements must subject the tenants to the Project s governing documents. Any failure by the tenant to comply with the terms of such documents shall be considered a material default under the lease. viii. Violations of Rental Restrictions. If an Owner fails to submit the required application, fails to use and submit a copy of a written lease agreement with the required terms, and leases any Lot, and/or leases any Lot after the Board has denied the Owner s application, the Board may assess fines against the Owner and the Owner s Lot in an amount to be determined by the Board pursuant to a schedule of fines adopted by the Board. In addition, regardless of whether any fines have been imposed, the Board may proceed with any other available legal or equitable remedies, including but not limited to, an action to terminate the rental or lease agreement and removal of any tenant or lessee. ix. Failure to Take Legal Action. Failure by an Owner to take legal action against his Resident who is in violation of the Community Association Act or Project documents within ten (10) days after delivery of written demand to so do from the Board, shall entitle the Association to take any and all such action for and in behalf of said Owner and as his or her agent, including but not limited to the institution of legal proceedings on behalf of such Owner against his or her Resident for eviction, injunctive relief or damages. Neither the Association nor any agent retained by the Association to manage the Project shall be liable to the Owner or Resident for any legal action commenced under this Section that is made in good faith. Any expenses incurred by the Association, including reasonable attorneys' fees and costs of suit, shall be repaid to it by such Owner. The amount of the costs and expenses an Individual Assessment. x. Recovery of Costs and Attorney Fees; Owner Liable. The Association shall be entitled to recover from the offending Owner its costs and attorney s fees incurred for enforcement of this Section, regardless of whether any lawsuit or other action is commenced. The Association may assess such costs and attorney s fees against the Owner and the Lot as an assessment pursuant to this 3
Declaration. Additionally, the Owner shall be liable for all fines, assessments, or other penalties levied due to violations of their tenant. The Owner shall be personally liable for any violations caused by their tenant. Any assessments, fines or penalties levied under this Paragraph shall be an Individual Assessment. xi. Requesting Unpaid Assessments from Tenant. In the event that a Lot is leased, and the absentee Owner fails to pay their regular, special or any other assessment, the Board may demand that the tenant pay his or her rental payment to the Association until such time as the delinquent assessment is cured. xii. Owner Obligation to Inform Tenant and Association. The Owner shall provide the tenant or lessee with a copy of the Project Documents then in effect and shall take a receipt for delivery of the Project Documents. In the event the Project Documents are amended, revised, changed, or supplemented by the Association, the Owner shall provide the tenant or lessee with a copy of the amendments, revisions, changes, or supplements within ten (10) calendar days of adoption by the Association, its Board, or its membership. xiii. Declarant Rights. Nothing in this Section shall be interpreted to limit Declarant s rights under Article VII of the Declaration, or Declarant s right to lease-back any model homes. IN WITNESS WHEREOF, the Board has executed this Amendment to the Declaration as of the day of, 20. THE MEADOWS AT RIVERBEND HOMEOWNERS ASSOCIATION, INC. By: Its: President By: Its: Secretary STATE OF UTAH ) :ss County of ) On the day of, 2016, personally appeared and who, being first duly sworn, did that say that they are the president and secretary of the Association authorized to sign this instrument and that said instrument was signed and sealed on behalf of the Association, certified that the Amendment was authorized by 67% of the total votes of the Association, and acknowledged said instrument to be their voluntary act and deed. Notary Public for Utah 4
IN WITNESS WHEREOF, the Declarant has executed this Amendment to the Declaration as of the day of, 2016. DECLARANT: OGDEN SOUTH RIVER TOWNHOMES, LLC By: Its: STATE OF UTAH ) :ss County of ) On the day of, 2016, personally appeared who, being first duly sworn, did that say that they are the person authorized to sign this instrument and that said instrument was signed and sealed on behalf of the Declarant, certified Declarant s approval to the Amendment, and acknowledged said instrument to be their voluntary act and deed. Notary Public for Utah 5
EXHIBIT A Legal Description All Lots within The Meadows at River Bend Phase I, Phase II, and Phase III subdivisions as shown on the plats, more particularly described as follows: PHASE I PHASE II PHASE III 03-046-0001 03-047-0001 03-050-0001 03-046-0002 03-047-0002 03-050-0002 03-046-0003 03-047-0003 03-050-0003 03-046-0004 03-047-0004 03-050-0004 03-046-0005 03-047-0005 03-050-0005 03-046-0006 03-047-0006 03-050-0006 03-046-0007 03-047-0007 03-050-0007 03-046-0008 03-047-0008 03-050-0008 03-046-0009 03-047-0009 03-050-0009 03-046-0010 03-047-0010 03-050-0010 03-046-0011 03-047-0011 03-050-0011 03-046-0012 03-047-0012 03-050-0012 03-046-0013 03-047-0013 03-050-0013 03-046-0014 03-047-0014 03-050-0014 03-046-0015 03-047-0015 03-046-0016 03-047-0016 03-047-0017 03-047-0018 03-047-0019 03-047-0020 6
THE MEADOWS AT RIVERBEND HOMEOWNERS ASSOCIATION, INC. RESOLUTION OF THE BOARD OF DIRECTORS This resolution is made on the date set forth below by the Board of Directors (the Board ) for The Meadows at Riverbend Homeowners Association, Inc. (the Association ). RECITALS A. Real property in Weber County, Utah, knows as The Meadows at Riverbend subdivision, was subjected to covenants, conditions, and restrictions pursuant to a Declaration of Covenants, Conditions and Restrictions recorded on July 11, 2012, in the Weber County Recorder s Office as Entry No. 2583259 (the Declaration ); B. Pursuant to Utah Code 57-8a-309, the Association has the right to terminate both an Owner s receipt of utility services paid for with common assessments and right to access and use recreational facilities for nonpayment of assessments; C. Pursuant to Utah Code 57-8a-310, the Association has the right to collect rents from a lot Owner s tenant for nonpayment of assessments; D. Pursuant to Utah Code 57-8a-208 the Association has the right to assess fines against an Owner for violating the Association s governing documents; E. Pursuant to the above-referenced codes, the Board desires to set forth procedures for the collection of rents and termination of services for nonpayment of assessments, the assessing of fines for violations, and the hearing procedures used for hearings requested by Owners; F. This Resolution was properly adopted by the necessary vote of the Board in compliance with the provisions of the Association Bylaws; NOW BE IT RESOLVED: 1. Termination of Utilities and Access to Recreational Facilities. If any assessment remains unpaid by an Owner for more than 30 days from the due date for its payment, the Board or its agent may use the following process to terminate the delinquent Owner s utility services and access to any community recreational facilities that are paid for as a common expense with Association assessments: a. Before terminating utility services or right of access to recreational facilities, the Board or its agent shall give the delinquent Owner notice, which shall state: (i) The amount of the assessments due, including any interest, late fees, collection costs and attorney fees; (ii) that the Association will terminate the Owner s utility services and right of access to recreational facilities if the Association does not receive payment of the delinquent balance within 14 days after receipt of the notice;
(ii) that within 14 days after receipt of the notice, the Owner has the right to submit a written request for an informal hearing before the Board to dispute the amounts owed; (iv) that the delinquent Owner will be responsible for any costs associated with terminating or reinstating the utility service; and (v) the estimated cost of terminating and/or reinstating the utility service. b. If an Owner requests a hearing, the Association may not terminate a utility service or right of access to recreational facilities until after the Board conducts the hearing and enters a final decision. c. If the Association terminates a utility service or right of access to recreational facilities, the Association shall take immediate action to reinstate the service or access following the Owner s full payment of the delinquent balance. d. The delinquent Owner will be responsible for paying the costs associated with reinstating a utility service that the Association terminates pursuant to this Resolution. The Association may demand that the estimated cost to reinstate the utility service is paid before the service is reinstated. 2. Collection of Rents. If any assessment remains unpaid by an Owner for more than 60 days from the due date for its payment, the Board or its agent may use the following process to demand that an Owner s tenant(s) pay all future rent payments to the Association until the past due assessments are paid current: a. Written notice must first be given to the Owner that the Association intends to collect rents from the Owner s tenant(s). This notice shall state the following: (i) The amount of the assessments due, including any interest, late fees, collection costs and attorney fees; (ii) that any costs of collection, including attorney fees, and other assessments that become due may be added to the total amount due to be paid through the collection of rent payments; and (iii) that the Association intends to demand payment of future rent payments from the Owner s tenant(s) if the Owner does not pay the amount owing within 15 days. b. If an Owner fails to pay the amount owing within 15 days after the Board gives the Owner the notice described above, the Board or manager may exercise the rights of the Association by delivering a written notice to the Owner s tenant(s). A copy of this notice shall also be mailed to the Owner. This notice shall state the following: (i) Due to the Owner s failure to pay an assessment within the required time, the Board or manager has notified the Owner of the Board s intent to collect all rent payments until the amount owing by the Owner is paid; (ii) that pursuant Utah Code Section 57-8a-310:
(a) the tenant s payment of rent to the Association does not constitute a default under the terms of the lease with the Owner ; (b) the tenant is now required to pay the Association all future rent payments as they become due and owing to the Owner, until the Association notifies the tenant(s) that the amount owing is paid; (c) the Owner is required to credit each payment made by the tenant(s) to the Association against any obligation that the tenant(s) owes to the Owner as though the tenant made the payment to the Owner; (d) the Owner may not initiate a suit or other action against the tenant(s) for failure to make rent payments that the tenant(s) pays to the Association; (e) that within 5 business days after the amount owing is paid, the Board or manager will notify the tenant(s) in writing that the tenant(s) is no longer required to pay future rent payments to the Association. c. The Association may add the administrative costs incurred in enforcing this resolution to the Owner s account in an amount not to exceed $25.00. 3. Fining for Violations. The Board may enforce the Declaration, Bylaws, and rules and regulations by assessing fines as follows: a. Any violation of the Declaration, rules and regulations, and Bylaws shall be subject to a fine. b. The following procedures will be followed prior to levying a fine: (i) All Owners will be given a written notice of a violation, which notice shall include the following: (a) a description of the violation; (b) a statement of the rule or provision of the Association s governing documents that the lot Owner s conduct violates, (c) a statement that the Board, in accordance with this resolution and Utah Code 57-8a-208, may assess fines against the Owner if a continuing violation is not cured or if the Owner commits similar violations within one year after the day on which the Board gives the Owner written warning or assesses a fine against the Owner under Utah Code 57-8a-208 or this resolution; and (d) if the violation is a continuing violation, states the time after the Board gives notice during which the Owner must cure the violation without incurring a fine. (ii) All violations are considered non-continuing violations. If after receipt of the notice of violation an Owner commits another similar violation, no additional notice need be given prior to fining for the offense. Such fining may occur any time within one year after the initial offense.
(iii) If a violation is not cured within 48 hours of receipt of the initial notice of violation, it becomes a continuing violation. As such, the Board may assess a fine for the failure to cure the violation within 48 hours, plus a fine will be added every 10 days without further notice until the violation has been cured. In the event that the violation is of such a nature that a complete cure would take longer than 4 hours to complete (e.g. violation of architectural guidelines), Owners will be given 48 hours to provide proof that they have commenced a cure within the 48 hours. Any similar continuing violation committed within one year of the initial notice of violation shall be subject to a fine without further notice. c. Unless otherwise specified in the rules or Declaration, the Association shall follow the following schedule of fines: (i) $50.00 for a first violation; (ii) $100.00 for a second similar violation or failure to cure the first violation within 10 days from the first fine; (iii) $200.00 for a third similar violation or failure to cure a continuing violation within 10 days from the second fine; (iv) $500.00 for a fourth similar violation or failure to cure a continuing violation within 10 days from the third or subsequent fines. Enforcement remedies are cumulative; accordingly, the Board reserves its right to pursue any enforcement action authorized by law or the Declaration at any time during the fining process. Fines for similar violations may not exceed $500.00 per month. d. If a fine is levied, the offending Owner shall have the right to request an informal hearing with the Board to protest or dispute the fine. A request for a hearing must be made in writing within 30 calendar days from the date notice of the fine is received. If a request for hearing is not received by the Board, or their designated agent, within 30 calendar days from the date the notice of fine is received, the fine shall be deemed to be uncontested and the Owner forfeits their right to hearing. A request for hearing shall be delivered to the Association manager or a Board member. The hearing shall be conducted in accordance with the procedures adopted by the Board. An Owner may also contest the fine by initiating a civil action within 180 calendar days after the expiration of the 30 calendar day period. e. Pursuant to Utah Code Ann. 57-8a-208, fines shall be collected in the same manner as past due assessments. However, if the Owner timely requests an informal hearing as described above, no interest and late fees may accrue until after the Board conducts the hearing and the Owner receives the final decision. 4. Informal Hearing Procedures. The following procedures shall govern an informal hearing of the Board. a. To request a hearing, an Owner must submit a written request to the Board within the time frame identified above. The hearing shall, within reason, be conducted at the first Board meeting after the receipt of the request. The Board shall give notice of the
date, time, and location of the hearing to the requesting Owner. Notice of the hearing shall be delivered to the requesting Owner and, if necessary, to the complaining Owner by electronic means, USPS first-class mail, postage prepaid, or by hand delivery. No other Owners or parties shall be entitled to notice of the hearing. If the hearing date is unacceptable to the requesting Owner, they may request one continuance of the hearing date. To request a continuance, the requesting Owner shall deliver a written request for continuance to the Association. The request must be received by the Association at least five calendar days prior to the original hearing date. The request must contain a valid cause for continuance. The Board has sole authority to determine what constitutes valid cause. If the Board continues the hearing, the continued hearing shall, within reason, take place at the second Board meeting after the receipt of the original request for hearing. Failure by a requesting Owner to appear at a hearing or continued hearing shall result in a waiver of the requesting Owner s right to hearing and the enforcement action shall be deemed uncontested. b. The hearing shall be conducted by one to three Board members. The requesting Owner shall be given 15 minutes to dispute the issue for which the hearing was requested. The requesting Owner may present documentation or witnesses to dispute the issue. The Board may question the requesting Owner or witnesses during the hearing. If the request for hearing is based on the complaint of neighboring Owners, the Board shall interview or review written statements from the neighboring Owners during the hearing. After hearing the requesting Owner s position and evidence, the Board may either render its decision at the hearing or take the evidence and argument under advisement. If the Board takes the evidence under advisement, they shall render a final decision by the next scheduled regular Board meeting. Once a decision is rendered, the Board shall give written notice of their decision to the requesting owner. All decisions are final, with the exception of a hearing to contest a fine, which may be appealed by filing a civil action within 180 calendar days of the final decision. 5. Receipt of Notice. All notices sent out pursuant to this resolution are deemed received by an Owner 3 calendar days after which the notice was posted and placed in a U.S. mail receptacle by the Association or its agent. If notice is sent via electronic means, the notice is deemed received by Owner the same day it is sent by the Association. ATTEST: President Secretary Effective Date: