Amended By-Laws of
Century Hills Ranchettes Homeowners Association
1. APPLICABILITY OF BY-LAWS
The provisions of these Amended By-laws are applicable to Century Hills Ranchettes which have been submitted to the provisions of the Montana Unit Ownership Act pursuant to the Declaration of Unit Ownership for Century Hills Ranchettes. Century Hills Ranchettes is located upon the following described real property located in Billings, Yellowstone County, Montana:
That part of SW¼ of Section 1, Township 1 South, Range 24 East, of the Principal Montana Meridian, in Yellowstone County, Montana, described as Units 1 through 77, Lot 1, Block 1; Century Hills Ranchettes, being tracts 4-C, 4-D, 4-E, 4-F, 4-G, 4-H, 4-I, 4-J, 4-K, of Certificate of Survey Number 835, Amended on file in the office of the Clerk and Recorder of said County, under Document No. 937647.
All present or future owners, tenants, or an other person who might use the facilities of the property in any manner, are subject to the provisions of these By-laws. The acquisition, rental, or occupancy of any of the units will signify that these By-laws are accepted, ratified, and will be complied with.
2. MEMBERSHIP, MEETINGS AND VOTING
(a) Each unit owner shall be a member of the Century Hills Ranchettes Homeowners Association, hereinafter called the “Association”. However, if the ownership of any unit is vested in more than one person, and while each such owner shall be a member, the co-owners or joint owners of the unit shall be deemed to be one unit for the purpose of voting and the determination of any required quorum. Each unit owner shall be entitled to one vote and the vote for any unit owned by more than one person shall be exercised as such co-owners may among themselves determine. Until completion or termination of the project, Developer shall be deemed the owner of each unit not yet completed and occupied and shall have one vote for each such unit.
(b) Ownership shall be determined according to the records of the Clerk and Recorder of Yellowstone County, Montana; except that a personal representative, conservator or trustee may vote in person or by proxy with respect to any unit owned or held by him in such capacity, whether or not the same shall have been transferred to his name by a duly recorded conveyance. Owners shall also include those purchasing units under purchase contracts who have an equitable interest in the unit as disclosed by the public record in the office of the Yellowstone County Clerk and Recorder, and in such an event the equitable owner shall be considered as the only owner of such unit.
(c) Votes may be cast in person or by proxy. Proxies may be made by any person entitled to vote. They shall be valid only for the particular meeting designated and must be filed with the Secretary on or before the appointed time of the meeting. Whenever a unit is owned by two or more persons, the vote therefor may be exercised by any one of such persons present in the absence of protest by the other or others.
(d) The annual meeting of the Association shall be held on the third Saturday of August of every year at 10:00 A.M. promptly. Additional regular and special meetings of the Association may be held at such time and places as set by the developer and after all 77 units are sold and notice is provided to the owners shall be agreed upon by the unit owners. Notice of all meetings shall be given to each member personally or by mail, telephone or telegraph, at least 10 days prior to the day named for such meeting. The presence, in person or by proxy, a majority of the unit owners at such meetings of the Association shall be required for the transaction of any business by the Association.
(e) The Association shall have the responsibility of electing directors to administer the operation of the Association after all 77 units are sold and notice is provided to the owners. Except as otherwise provided herein, or by law, all decisions and resolutions of the Association shall require the approval of fifty-one percent (51%) of all unit owners. Approval may be obtained by vote, at an annual or special meeting, or by written ballot or petition, circulated among the owners.
3. BOARD OF DIRECTORS
(a) The affairs of the Association shall be governed by a Board of Directors, which shall be appointed by the Declarant and shall be CENTURY HILLS RANCHETTES, LLC Developer until 77 units are sold and notice is provided to the owners, at which time the Board shall be composed of 3 owners, who shall serve for 3 year terms, which shall not end simultaneously. The first Board of Directors shall draw straws to determine that board member “a” shall serve 1 year, board member “b” shall serve 2 years and board member “c” shall serve 3 years.
The Board of Directors shall have the powers and duties necessary for the administration of the affairs of the Association and may do all acts and things as are not by law, the Declaration, or these By-laws directed to be exercised by the unit owners.
(b) In addition to the powers and duties provided by law, the Declaration, these By-laws, or by resolution of the Association, the Board of Directors shall have the following powers and duties:
(1) To enforce the provisions of the Declaration of Unit ownership and these By-laws by appropriate action, including imposition of fines for violation of restrictions.
(2) To determine the amount of any assessments payable by the owners, and to allocate and assess said expenses between owners in proportion to their respective interests in the common elements. Assessments shall include reserve funds for major expenses. The Board shall have the authority to invest reserve funds in any manner not inconsistent with the needs of the Association.
(3) To impose special assessments for approved capital expenses, and for emergencies, as they are incurred.
(4) To send written notice of each regular assessment to every owner subject thereto at least twenty (20) days in advance of each assessment year, and to send written notice of each special assessment to each owner at least thirty (30) days before its due date.
(5) To record a lien against any property for which assessments are not paid within ten (10) days after the date when due.
(6) To foreclose the lien against any property for unpaid assessments or to bring an action at law against the owner personally obligated to pay the same of any owner having unpaid assessments.
(7) To issue, or to cause an appropriate officer to issue, upon demand by any person, a certificate setting forth whether or not any assessment has been paid. A reasonable charge may be made by the Board for the issuance of these certificates. If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment.
(8) To procure and maintain liability, fidelity, and hazard insurance as required herein.
(9) To pay all taxes and assessments, if any, imposed on the common areas, and to pay all contracted for debts of the Association.
(10) To grant and accept easements, permits, and licenses on behalf of all owners for any purpose necessary for the proper operation of the project.
(11) In its discretion, to delegate any of the above-mentioned powers and duties to one or more officers or employees of the Association, to a committee appointed by the Board, or to an independent contractor, agent or manager.
(12) To supervise all officers, agents and employees of the Association, to insure that they properly perform their duties.
(13) To contract for repairs, maintenance, alterations, additions and improvements to the common elements, and if an owner fails to do so, to the exterior of dwellings, consistent with managing Century Hills Ranchettes in the best interest of the owners.
(14) Upon written request from any person, agency or corporation having an interest or prospective interest in a unit, to furnish within a reasonable time a financial statement of the Century Hills Ranchettes Homeowners Association for the immediately preceding tax year, prepared and approved by a certified public accountant, or at the request of an owner or mortgage holder, to have an audited financial statement prepared at the requesting party’s expense.
(15) To provide any notices required by these By-laws or the Declaration of Unit Ownership for Century Hills Ranchettes.
(16) To review and approve or disapprove all requests from owners for consent to modify, alter or add to the exterior of a completed home or garage, or any limited or general common element.
(17) To at all times maintain all common areas of the Century Hills Ranchettes .
(c) Upon execution and recording of the limited Power of Attorney attached to the Declaration of Unit Ownership, the Board of Directors is hereby irrevocably appointed as agent and attorney-in-fact for the owners of all of the units and for each of them to manage, control and deal with the interests of such owners in the common elements, and, if necessary, the exterior of the buildings as necessary to permit the Board of Directors to fulfill all of its powers rights, functions and duties.
(d) The Board of Directors is hereby irrevocably appointed as agent and attorney-in-fact for each owner, each mortgagee, and other named insured’s, and their beneficiaries and any other holder of a lien or other interest in Century Hills Ranchettes to:
(1) adjust and settle all claims arising under insurance policies purchased by the Board of Directors;
(2) execute and deliver releases upon the payment of claims; and
(3) act on their behalf in any condemnation proceeding or act of eminent domain.
Provided, however, that the consent of the mortgagee shall be required if such mortgagee notifies the Board of Directors within thirty (30) days after receipt of notice of the damage or notice of the taking in condemnation or by eminent domain.
(e) The directors shall be elected at the annual meeting of the Association after all 77 units are sold and notice of that sale is provided to the owners. The maximum term a director shall serve shall not exceed a 3 year term. The term of office of each director; the first Board of Directors shall draw straws to determine that board member “a” shall serve 1 year, board member “b” shall serve 2 years and board member “c” shall serve 3 years. Any director may be removed from office by 51% majority vote of the owners and any vacancies in the Board of Directors shall be filled in the manner provided for the election of directors with each person so selected serving the balance of the unexpired term.
(f) Except as otherwise provided in Section 3(a) above, Directors shall be nominated by a Nominating Committee composed of one member of the Board of Directors and two or more owners appointed by the outgoing Board of Directors. The owners so appointed shall not be members of the outgoing Board of Directors. A list of persons nominated shall be distributed to all owners, attached to written notice of the annual meeting. Additional nominations may be made from the floor at the annual meeting. Each owner shall be entitled to one vote for each vacancy in the Board of Directors; cumulative voting shall be permitted. The candidates receiving the largest number of votes shall serve as directors for the coming year. No person shall serve as a director for more than three consecutive years.
(g) No compensation shall be paid to directors for their services as directors unless salaries for directors are approved by 51% majority vote of owners. However, directors shall be reimbursed for actual expenses incurred in the performance of their duties. The Board of Directors may engage the services of a manager or managing agent.
(h) Regular and special meetings of the Board of Directors may be held at such times and places as shall be determined by the directors. Notice of such meetings shall be given to each director and to the Secretary and President of the Association, personally or by mail, telephone or telegraph, at least three (3) days prior to the day named for such meeting. All directors shall be needed for a quorum. All such meetings shall be open to all members of the Association. Information concerning major actions by the Board shall be promptly disseminated to all members of the Association in a manner to be determined by the Board.
(i) The officers and Directors of the Association shall not be liable to the Association or any owner for any mistake of judgment, negligent or otherwise, except for their own individual willful misconduct or bad faith. The owners and the Association shall indemnify and hold harmless each of the officers and directors from and against all contractual liability to others arising out of contracts made by the officers or the Board of Directors on behalf of the Association unless such contract shall have been in bad faith or contrary to the provisions of the Montana Unit Ownership Act or the Declaration of Unit Ownership for Century Hills Ranchettes or these By-laws, except to the extent that such liability is satisfied by directors and officers’ liability insurance. Officers and directors shall have no personal liability with respect to any contract made by them on behalf of the Association. The liability of any owner arising out of any contract made by the officers or the Board of Directors or out of the indemnification of the officers or directors or for damages as a result of injuries arising in connection with the common elements solely by virtue of ownership of a common element or an interest therein or for liabilities incurred by the Association, shall be limited to the total liability multiplied by the owner’s percentage of interest in the common elements. Every agreement made by the officers or the Board of Directors on behalf of the Association shall, if obtainable, provide that the officers or the directors, as the case may be, are acting only as agents for the Association and shall have no personal liability thereunder, except as owners, and that each owner’s liability thereunder shall be limited to the total liability thereunder multiplied by that owner’s percentage of interest in the common elements. The Association shall indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding by reason of the fact that the person is or was an officer or director of the Association against expenses, including attorney fees, judgments, fines and amounts paid in settlement incurred by the person in connection with such action, suit or proceeding if the officer or director acted in good faith and in a manner the officer or director reasonably believed to be in, or not opposed to, the best interest of the Association.
4. OFFICERS
(a) CENTURY HILLS RANCHETTES, LLC shall serve as interim President, Vice President, Treasurer and Secretary, respectively, until all 77 units are sold and notice is provided to the owners.
(b) After all 77 units are sold and notice is provided to the owners, the Board of Directors shall annually elect a President, Secretary, and Treasurer. The Board, in its discretion, may also elect a Vice-President. No two offices may be held by the same person except the offices of Secretary and Treasurer. The officers of the Association shall hold office at the pleasure of the Board, and in the event of a vacancy the Board shall elect a successor at any regular meeting or at any special meeting called for such purpose.
(c) The President shall preside at all meetings of the Association and of the Board of Directors, and shall have general supervision over the affairs of the Association and its officers and all of the powers and duties usually vested in the office of President and shall also perform such other duties as from time to time may be imposed by the Board of Directors. The Vice-President, if any, shall act in the place of the President, in the President’s absence, and shall have such other duties as may be assigned by the Board of Directors. The Secretary shall keep all books and records of the Association and the Board of Directors and record all minutes of meetings of both, shall keep a record of all members of the Association, and shall serve all required notices. The Treasurer shall have the responsibility for Association funds and securities and shall be responsible for keeping full and accurate itemized accounts of all receipts and disbursements in books belonging to the Association, in chronological order. The Treasurer shall be responsible for the deposit of all monies and other valuable effects in the name, and to the credit, of the Association in such depositories as may from time to time be designated by the Board of Directors. All Association checks shall be signed by two officers.
(d) Any officer may be compensated, in a reasonable amount, as determined by the Board of Directors, with approval of 51% majority owners.
5. INSPECTION OF RECORDS
The books, records and papers of the Association shall be open for inspection by any owner and by holders, insurers and guarantors of first mortgages on units at any reasonable time by appointment.
6. EMERGENCY ACCESS
Directors shall have the right to enter upon the lands of any unit in case of an emergency originating in or threatening such unit whether or not the owner or occupant is present at the time.
7. INSURANCE
(a) The Board of Directors shall cause the common element improvements to be insured against loss or damage by fire and related casualty in the amount representing the full insurable value thereof as determined by the Board. The cost for such insurance shall be a part of the common expense. The carrying of such insurance shall not preclude any owner from carrying insurance at his own cost for his own benefit, subject to the conditions set forth in sub-section (k) of this section.
(b) All insurance policies purchased by the Board shall contain waivers of subrogation and waivers of any defense based on co-insurance or of invalidity arising from any acts of the insured, and shall provide that such policies may not be cancelled or substantially modified without at least ten (10) days prior to written notice to all of the insureds, including all mortgagees and contract sellers or units. Duplicate originals of all new policies of physical damage insurance and liability insurance purchased by the Board and of all renewals thereof, together with proof and payment of premiums, shall be delivered to all mortgages and contract sellers of units at least ten (10) days prior to expiration of the then current policies. Annually, the Board of Directors shall obtain an appraisal from an insurance company or other knowledgeable person or business, of the full replacement value of the covered improvements, without deduction of depreciation, for the purpose of determining the amount of physical damage insurance to be effective pursuant to this section.
(c) The Board of Directors shall cause public liability and property damage insurance to be carried, insuring the Association and the owners for liability for personal injuries to, or the death of, any person, or damage to property resulting from the ownership, use or occupancy of the common elements, with policy limits to be determined by the Board, but no less than $1,000,000. The cost of such insurance shall be a common expense.
(d) The Board of Directors shall purchase fidelity insurance coverage for all persons handling Association monies, naming the Association as insured, in an amount equal to the maximum funds held by the Association. If the Board employs a management agent, the agent must have its own fidelity insurance policy, providing the same coverage required above.
(e) The Association’s casualty, liability and fidelity insurance policies shall require the insurer to notify the Association and each first mortgage holder, in writing, of any cancellation or substantial change to the policy at least ten (10) days prior to the date on which such cancellation or change takes effect.
(f) In the event of a loss exceeding One Thousand Dollars ($1,000.00), all Association insurance proceeds shall be paid to the designee of the Board of Directors as Trustee for disbursement.
(g) Each policy shall contain a standard mortgagee clause in favor of each mortgagee or trust indenture beneficiary, or contract of sale endorsements in favor of the contract sellers of any units.
(h) The Board of Directors shall review the adequacy of limits of coverage of insurance policies and report annually its opinion regarding same to the membership of the Association at its annual meeting.
(i) The Association’s casualty insurance must be written by an insurance carrier meeting the rating requirements established by FNMA (Fannie Mae).
(j) Owners must purchase their own casualty and liability insurance on their units. Such insurance will not be purchased by the Association. Dwellings which are damaged by casualty must be repaired or replaced by the owner, at the unit owners expense. Homes and outbuildings which are repaired or replaced after casualty shall conform, in style, quality and appearance, to the home or outbuilding, as it existed prior to the casualty, unless changes are approved, in advance by the Board of Directors..
(k) All policies purchased by owners shall contain waivers of subrogation all provided that the liability of the carriers issuing insurance obtained by the Board of Directors shall not be affected or diminished by reason of any such insurance carried by any owner.
(l) Insurance payments for a casualty loss insured by the Association shall be applied by the Trustee to repair or replacement of the damaged property, except in the event of a total loss of all homes and a decision to remove the property from the provisions of the Montana Unit Ownership Act. In the event the property is removed from the provisions of the Act, insurance proceeds shall be paid to each owner and the holder of any mortgage or trust indenture on the unit, in proportion to that unit’s undivided interest in common elements, after deduction of all costs of clean-up.
(m) The Board of Directors shall at all times keep a reserve for the insurance deductibles for each policy. The Board of Directors shall collect from all unit owners their prorated share for each policies deductable to be held in the reserve.
(n) The Board of Directors shall at all times carry directors and officers’ liability insurance.
8. ASSESSMENTS FOR COMMON EXPENSES
(a) The owner of each completed home shall be obligated to pay monthly all dues, capital improvements, assessments, and/or special assessments for common expenses imposed by the Board of Directors or the Association. The Board of Directors or the Association may return any protested payment or any payment marked paid-in-full if the protested payment or paid-in-full payment is insufficient to bring the monthly dues current. The Board of Directors shall, prior to the annual meeting, prepare an Association budget for the coming year. A copy of the budget, together with a statement of the amount of each monthly assessment for the coming year, shall be delivered to each owner at least one week before the annual meeting. Each monthly assessment shall be equal to the total estimated common expenses for the coming year, including a reasonable reserve allowance for contingencies, divided by twelve. Assessments shall be due and payable on the first day of each month. If an annual budget is not prepared as required, the monthly assessment due shall be equal to the amount of the monthly assessment for the previous year until changed by the Board of Directors, after preparation of a new budget. Notice of any new assessment shall be given, by mail or otherwise, to each owner at least twenty (20) days in advance of the first payment due date for the assessment. Assessments shall be based upon and computed by using the percentile interest that each owner has in the common elements.
(b) All sums collected by the Association from assessments may be commingled in a single fund but they shall be held for the owners in their respective share in which they are paid and shall be credited to the account of the payee unit from which shall be paid the expenses for which the respective assessments are made.
(c) Assessments paid more than ten (10) days after the date when due, shall bear interest at the rate of ten percent (10.0%) per annum from the date when due until paid plus the cost of postage. All payments upon assessments shall be applied first to interest and then to the earliest assessment due.
(d) No owner of a unit may exempt himself from liability for his or her contribution toward any common expense by waiver of the use or enjoyment of those items paid for or by abandonment of the unit.
(e) Regular monthly assessments for a unit shall commence at the time of the first conveyance or occupation of the unit and the rate shall continue in effect until changed by the Board of Directors.
Unit all 77 units are sold and notice is provided to the owners, the Board of Directors shall set the dues, capital improvements, assessments, and/or special assessments.
After all 77 units are sold and notice is provided to the owners, regular assessments shall not be increased more than 50% per year without prior approval of 51 % of the owners.
These limitations shall not apply to any special assessments or capital improvements.
(f) If the unit owners request to make capital improvements, those capital improvements shall not be made without the express written consent of the Developer and fifty one percent (51%) percent majority vote of the unit owners.
After all 77 units are sold and notice is provided to the owners, assessments may be made by the Board of Directors for capital expenses only upon an affirmative vote of fifty one percent (51%) of all of the owners entitled to vote.
(g) No owner shall be entitled to receive the balance in that owner’s assessment account upon sale of the owner’s unit. The account balance shall pass with sale of the unit, to the credit of the new owner.
(h) Assessments, together with interest, cost of collection, costs of suit, and reasonable attorney’s fee, shall be a charge on the unit and shall be a continuing lien upon the property against which each assessment is made. Each such assessment, together with interest, costs of collection costs of suit, and reasonable attorney’s fees, shall also be the personal obligation of the person who was the owner of the unit at the time the assessment became due. The personal obligation for delinquent assessments shall not pass to successors in title unless expressly assumed by them.
9. RULES AND REGULATIONS
Administrative rules and regulations concerning the use of the common elements including, but not limited to restrictions on motorcycles and ATV’s on the common areas, may be promulgated and amended by the Board of Directors with the approval of 51% of the owners, provided however, that no restrictions on the use of the common area property in addition to those established in these By-laws shall be effective until such time as all homes have been sold by Developer, unless approved by Developer.
A copy of the current rules and regulations shall be provided to each owner by the Secretary of the Association, without cost, upon receipt of a request therefor.
10. WORKING CAPITAL
The Developer, as agent of the Board of Directors, shall collect from the initial purchaser of each unit, at the time of closing, an initial capital payment of an amount equal to the Buyer’s pro-rata share of association insurance for the year plus an amount equal to two monthly assessments. The Developer shall be entitled to retain the Buyers pro-rata share of insurance for the current premium period if Developer pre-paid the premium for the unit sold for that period; Otherwise the premium shall be paid to the Association’s insurance agent. The remaining funds so collected shall be delivered to the Board of Directors to provide the necessary working capital for the Association. Such funds may be used for certain prepaid items, including insurance, initial maintenance, equipment, supplies, organizational costs and other start up costs and for such other purposes as the Board of Directors may determine. These funds may not be used by Developer to defray any of its expenses, construction costs, or other financial obligations.
11. USE OF UNITS AND COMMON ELEMENTS In the event any Owner fails to comply with the following use of units and common elements, the Association may, after reasonable notice, take such action as is necessary to remedy at the expense of the violating unit Owner.
(a) No part of the property shall be used for other than residential purposes except that an owner may use a portion of a unit for an office or studio provided that the activities therein shall not interfere with the quite enjoyment or comfort of any other owner or occupant; provided however, that Developer shall have the right to maintain a construction office, or model homes, and a sales office on the property until all units are sold.
(b) The limited common elements shall be used only for the furnishing of the services and facilities for which they are reasonably suited and which are incidental to the use and occupancy of the units.
(c) A maximum of two dogs and two cats per unit shall be permitted only if kept under the owner’s control at all times. No pets shall be allowed to run loose on the common areas. Owners shall be responsible for cleaning up after their pets. Owners shall pay a fine, imposed by the Board, of $50.00 for a second violation of this restriction and a fine of $100.00 for each violation thereafter. Such fines shall be a common expense, payable only by the offending owner.
All pets are subject to County of Yellowstone Animal Control Ordinances.
(d) No domestic livestock or poultry may be kept or raised in any unit or on the common elements.
The above restriction of; no domestic livestock or poultry may be kept or raised in any unit or on the common elements, will only apply to the developed phase and/or developed phases. If a phase is un-developed the developer may allow the un-developed phase and/or un-developed unit to be used as agricultural to include but not limited to domestic livestock or poultry being kept or raised.
(e) No owner shall lease a unit for a initial term of less than seven (7) days. Any lease or rental agreement shall be in writing and shall subject the Tenant to the provisions of these By-laws, the Declaration of Unit Ownership for Century Hills Ranchettes, and all rules and regulations adopted by the Association.
(f) No nuisances shall be allowed on the property nor shall any use or practice be allowed which is a source of annoyance to the owners or which interferes with the peaceful possession or proper use of the property.
(g) Nothing shall be done in, on or to any unit or in, on or to the limited or general common elements which will impair the structural integrity of a building.
(h) Except as otherwise provided herein, no owner or occupant shall erect or place in the limited or general common areas, any building or structure, including fences, walls, patios and decks, nor make any additions or alterations to any common areas, or to the exterior of his home or garage, except in accordance with plans and specifications approved by the Century Hills Ranchettes Board of Directors. In evaluating proposed additions or alterations, the Board of Directors shall consider the harmony of external design, scale, color and type and quality of materials and harmony with existing structures, and the location relative to existing structures. The Board of Directors shall also consider any interference with enjoyment of the affected common area by neighboring owners. If plans and specifications are not approved in writing by the Board within Forty-five (45) days after submission, they shall be deemed disapproved. Owners may install swimming pools and hot tubs upon their unit, if such installation is permitted to State and Local authorities, and may install a satellite dish if the dish does not exceed 36 Inches in diameter. Owners may fence their unit. Owners may landscape the outside area of their unit or may leave it in its natural state. This subsection shall not apply to construction of new homes by Developer, nor to completion of common elements by Developer.
(i) All garbage, refuse, and /or trash must be placed in the proper receptacles designated for refuse collection and no garbage or trash shall be placed elsewhere on any common element or outside any building; Trash containers must be kept inside the garbage except on collection days.
(j) Residents and their guests shall exercise care about making noise which may disturb other residents. No owner shall operate or permit to be operated any sound producing device in a unit or on common areas between the hours of 11:00 p.m. and the following 7:00 a.m. if such operation shall disturb or annoy other residents or owners. Noise made by construction workers between the hours of 7:00 a.m. and 11:00 p.m. shall not be a violation of this restriction.
(k) Owners shall not park vehicles in such a manner as to block streets, turnarounds or driveways nor shall they permit any member of their family, guests or tenants to do so. No parking shall be permitted in the turnarounds. Improperly parked vehicles shall be removed at the owner’s expense.
Junked or non-operational vehicles shall not be parked on streets or driveways for more than 24 hours. Junked or non-operation vehicles must be stored in the unit’s garage or outbuilding.
Boats, trailers, snowmobiles, campers, motor homes, and the like, shall not be parked on general or limited common areas. Boats, trailers of all types, snowmobiles, motor homes and other recreational vehicles must be stored on the unit.
(l) No owner shall perform any act or store anything within or upon his unit which might increase the probability of fire as a result of such act or the storage of such items. Owners must mow around their homes as to decrease any possibly of a fire hazard. Owners of lots that run parallel to any common road must mow along the road to decrease the possibility of a fire hazard.
(m) No improper, offensive or unlawful use shall be made of any unit, the common areas, or any part thereof.
(n) Hanging signs from the exterior of the building or on common areas is prohibited; provided however, that one “for sale” sign may be displayed in front of each unit which is for sale, and construction signs, including signs at the entrance to the project, and model home sign shall be permitted until all units are sold.
(o) No hunting shall be permitted upon any unit, or the general or limited common areas.
(p) A maximum of one outbuilding shall be permitted upon each unit; outbuildings must have the same color and type of siding and roof as the house.
(q) Until a phase is improved or common elements are established the phase is considered private property with NO TRESPASSING. Meaning no hunting, hiking, motor vehicles, motor cycles, etc…Century Hills Ranchettes LLC reserves the right to prosecute all violating Trespassers.
12. LIMITS ON LIABILITY OF THE ASSSOCIATION
The Association shall not be liable to any owner for any failure of water supply or sewage disposal or other services to be paid for as a common expense, or for injury or damage to person or property caused by the elements, or resulting from electricity, water, snow or ice which may leak or flow over from any portion of the common elements, or from any pipe, drain, conduit, appliance or equipment. The Association shall not be liable to any owner for loss or damage, by theft or otherwise, of articles which may be stored upon any of the common elements. This shall not be deemed to be a waiver of any liability between owners. No diminution or abatement of any assessments shall be claimed or allowed for inconvenience or discomfort arising from the making of repairs or improvements to the common elements or the exterior of any unit, or from any action taken by the Association to comply with any law, ordinance or with the order or directive of any government authority. The Association shall not be liable to any owner for injury or damage to person or property caused by another owner. Any such liability shall be attributed solely to the responsible owner. The Association shall not be liable to any owner for personal injuries or injuries to property occurring on common elements. The Association shall not be liable or responsible for any pollution by any owner or by any septic system.
13. AMENDMENT
(a) Prior to completion of construction of the project, these Amended By-laws may be amended by Developer. All owners, by execution and recording of the limited Power of Attorney in the form attached to the Amended Declaration of Unit Ownership, shall thereby consent to any such amendment by Developer and grant unto CENTURY HILLS RANCHETTES, LLC, as Developer and to any successor representative appointed by Developer, its successors and assigns, an irrevocable power of attorney to execute, acknowledge and record such amendment.
(b) After all 77 units are sold and notice is provided to the owners, these By-laws may be amended by the Association in a duly constituted meeting called for such purpose; provided, however, that no amendment shall take effect without the approval of the Developer, until such time as all units have been sold by the Developer. No amendment shall take effect unless approved by at least 51% percent of the owners entitled to vote and until a copy of the By-laws, as amended, certifies by the President and Secretary of the Association, is recorded in the office of the Clerk and Recorder of Yellowstone County, Montana; provided, however, that the By-laws shall always include those particulars required to be included therein by the Montana Unit Ownership Act.
(c) The consent of eligible mortgage holders who represent at least fifty-one (51%) percent of the votes of units subject to mortgages held by eligible holders shall be required for any of the following:
(1) increases in annual assessments of more than 50% of the prior assessment;
(2) reductions in the Association’s reserve account;
(3) changes in insurance requirements; and
(4) changes in any provisions which expressly benefit mortgage holders, insurers or guarantors.
(d) The provisions of these By-laws shall be covenants running with the land and shall be binding on all owners, their tenants and guests, for so long as the real property described herein is subject to the provisions of the Montana Unit Ownership Act.
14. CONFLICTS
In the event of any conflict between these By-laws and the provisions of the Montana Unit Ownership Act, or the Declaration of the Unit Ownership for Century Hills Ranchettes, the latter shall govern and apply.
15. ENFORCEMENT AND WAIVER
In the event the Board of Directors shall refuse to enforce the provisions of these By-laws or the Declaration of Unit Ownership or duly adopted Rules and Regulations by appropriate action, any owner shall have the right to do so.
Failure of the Association, its Board of Directors or any of its members to enforce the provisions of these By-laws or the Declaration of Unit Ownership for Century Hills Ranchettes or any Rules and Regulations adopted by the Association shall not be deemed a waiver of the right to do so in the future.
