Amended Declaration Of Unit Ownership
For
Century Hills Ranchettes
Pursuant to Paragraph 5 of the Original Declaration of Unit Ownership, recorded April 5, 2001 under document # 3123869, the Developer, through CENTURY HILLS RANCHETTES, LLC does hereby make and submit for filing the following Amended Declaration under the Unit Ownership Act of the State of Montana, Section 70-23-301, et seq. Montana Code Annotated.
1. DEFINITIONS
In the interpretation of this Declaration, the following definitions shall apply:
(a) “Association” means the Century Hills Ranchettes Homeowner’s Association, being all the owners acting as a group in accordance with this Declaration and duly adopted By-laws.
(b) “Building” means a building comprising a part of the Century Hills Ranchettes property.
(c) “Capital expenses” means the expense of constructing improvements to common areas, e.g., construction of roads/utilities or fencing on the common elements.
(d) “Common elements” means the general common elements and the limited common elements.
(e) “Eligible Mortgage holder” means the holder of a first mortgage or trust indenture on any unit who has requested that the Association notify it of any proposed action requiring the consent of a specified percentage of eligible mortgage holders.
(f) “Developer” is CENTURY HILLS RANCHETTES, LLC, or any person or entity to whom CENTURY HILLS RANCHETTES, LLC transfers or assigns its development rights hereunder. A grant of a deed to a single completed unit by Developer shall not be deemed a transfer of development rights.
(g) “General common elements” means the general common elements specifically described in paragraph 7 below, and all other elements of the Century Hills Ranchettes project necessary or convenient to its existence, maintenance and safety or normally common use.
(h) “Limited common elements” means those common elements designated in this Declaration or by agreement of the owners as reserved for the use of fewer than all of the owners.
(i) “Unit” means a separate parcel of land, together with the home and other improvements constructed upon that parcel, as defined in paragraph 4 of this Declaration.
(j) “Unit owner or Owner” means the person, partnership or corporation owning a unit on which construction has been completed, and for which plans have been recorded, including a contract purchaser if a Notice of Purchaser’s Interest is recorded with the Yellowstone County Clerk and Recorder, and including co-owners. “Unit owner” and “owner” shall also include Developer, until completion of all units. A lessee of the unit shall not be considered as owner.
(k) “Majority of the owners” means a majority of the votes of the owners.
2. SUBMISSION TO UNIT OWNERSHIP
The purpose of this Declaration is to submit the real property herein described and the improvements constructed thereon to the form of ownership and use provided by Chapter 23, Title 70, Montana Code Annotated, hereinafter referred to as the “Montana Unit Ownership Act”. The definition of terms in this Declaration and the By-laws of the Association shall be those definitions used in the Montana Unit Ownership Act, except as otherwise provided above. The real property included within the project, which shall be named “CENTURY HILLS RANCHETTES”, is located in Yellowstone County, Montana, is owned in fee simple by CENTURY HILLS RANCHETTES, LLC, and is more particularly described as follows:
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 No. 835 Amended on file in the office of the Clerk and Recorder of said County, under Document No. 937647.
The provisions of this Declaration and the By-laws of Century Hills Ranchettes Homeowner’s Association 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.
3. DESCRIPTION OF PROJECT
The project may have up to 77 single family dwellings. Each dwelling shall be of wood or steel frame construction with wood, tile, vinyl or hardboard or masonite siding, or optional brick, synthetic stucco, or stone veneer. The location of each unit and the proposed location of the dwelling on that unit is indicated on Exhibit A. Developer reserves the right, however, to modify or change the original site plan and to change the number and location of dwellings and units upon the real property described above.
4. DESCRIPTION OF UNIT
Each unit consists of a parcel of land together with the dwelling and other improvements constructed upon that parcel of land. The dimensions of the land included in each unit are shown on the attached Exhibit “A.” The septic systems and drain fields for Units 1 through 77 shall be a part of the unit served. Other utility lines and pipes which serve only the one unit shall be a part of a unit from the interior of the home to the point where they join lines or pipes serving other units.
5. PLAN OF DEVELOPMENT
Developer, in its sole discretion, reserves the right to change the number of units, and to change the design and location of the units to meet the requirements of the sales market. Developer may proceed with construction of dwellings, in any order, without consent of the Association or the owners, subject to the following conditions:
(a) Upon completion of all dwellings and other improvements, or termination of the project, Developer shall record a second amendment to this Declaration, setting forth a reallocation of the percentage of undivided interest of each unit in the common elements. The interest of each unit shall be equal to each dwelling, as determined by the final recorded plan for that unit, divided by the total number of all units. The number of garages and of basements shall not be included for each unit, for purposes of calculating the percentage of undivided interest of each unit.
(b) All common elements in each phase must be completed prior to conveyance of any unit with the exception of those capital improvement common elements set forth in Paragraph 5(e) below, which the Developer is free to construct or caused to be constructed at anytime during the Plan of Development. Developer may form a limited liability company for the construction of capital improvement common areas with the unit owners paying for the construction of the capital improvement common areas over a period of time with a legal rate of interest based on each unit owners’ percentage of ownership of the common elements as set forth in paragraph 10.
(c) All general common elements in each phase must be completed prior to conveyance of any unit, except for later developed capital improvements referenced in section (e) below.
(d) Developer intends to make general common elements improvements to the common area only for installation of roads, turnarounds, utility service lines and signs.
(e) The Developer may construct capital improvements to be designated as common areas with the cost of construction and maintenance costs associated with those capital improvements to be assessed as common expenses as set forth in Paragraph 10.
(f) The owners of new units shall have nonexclusive rights to use common areas to the same extent as the owners of all other completed units.
(g) The owners of each new unit shall be assessed in accordance with their ownership interest in the common elements.
(h) Each unit shall be treated as a part of the project, developed as a whole from the beginning, except to the extent otherwise provided herein. From and after the date of the second amendment, the new lots shall be treated as though they had been developed, held, occupied and used by the owners as part of a single, undivided project.
To facilitate construction of all phases and completion of the project, Developer hereby:
(a) Reserves an easement over and upon common elements and land included in completed units, for the purpose of access for constructing additional homes, and common area improvements.
(b) Reserves solely to Developer the right to grant utility and other easements reasonably necessary to the ongoing development of the project, without approval of any owner.
(c) Receives the right upon receipt of a Power of Attorney in the form of Exhibit B attached hereto, to amend this Declaration, without further approval of any owner, to create additional general or limited common elements, to provide that the project has been terminated and no further units will be constructed, to change the location on the real property of one or more dwellings, to add a more complete description of units, to record additional plats and plans to supplement or modify those included herein, and to amend the percentage of interest in common elements attached to each unit, in accordance with the provisions of this Declaration. Each owner, and each holder of a mortgage or trust indenture on a unit, by execution of the Power of Attorney in the form of Exhibit B attached hereto at the time of acceptance of a deed to the unit or executed at the time of recordation of a mortgage or trust indenture on the unit, thereby consents to all such amendments and grants unto CENTURY HILLS RANCHETTES, LLC, as Developer, its successors and assigns, a limited irrevocable power of attorney to amend this Declaration in accordance with this plan of development. Recordation of amendments modifying the percentage of interest in common elements attached to each unit shall be deemed a conveyance, transferring title in the common elements in accordance with the amendment.
(d) Reserves the right to use water and power provided to the above-described property or any unit for construction purposes, provided that Developer shall reimburse the Unit Owner for the reasonable cost of such water and power.
Developer may terminate its right to build additional units at any time prior to completion of 77 units by recording a notice of termination with the Yellowstone County Clerk and Recorder. Upon termination, developer may, at its option, elect to include land on which units have not been built as a general common element of Century Hills Ranchettes, or alternatively, Developer may elect to subdivide the above-described real property, and remove the unbuilt section of the above-described lot from Century Hills Ranchettes project. The notice of termination shall state which of these options has been elected by Developer.
If Developer, upon termination, elects to designate the unbuilt portions of the above-described real property as general common elements of Century Hills Ranchettes, upon recordation of the Notice of Termination, developer’s obligation to pay taxes and assessments on these common elements shall cease and terminate and Developer shall have no further obligation to make any improvements to any portion of the above-described real property. The notice of termination shall amend this Declaration to reallocate the undivided interest in the common elements according to the formula set forth in paragraph 6 and shall include a conveyance of Developer’s interest in the common elements from Developer to all existing owners. All owners, their lenders, mortgagees, successors and assigns, or anyone claiming by or through them, by accepting and recording a deed (or notice of purchaser’s interest in the event of a contract sale) to any unit or a mortgage or trust indenture upon a unit are hereby deemed to consent to inclusion of undeveloped land as a general common element of the project and to the above described conveyance of Developer’s interest in the common elements.
If, upon termination, Developer elects to subdivide the above-described real property, the subdivision plat shall conform to local zoning requirements and restrictions. The real property included in Century Hills Ranchettes shall include all units on which dwellings have been built, and a pro-rata share of the common land and roads providing access to the existing units; if necessary, Developer shall grant to all owners easements across the excluded land for utilities. Developer shall have the right to grant easements on behalf of all owners, to benefit the land removed from project, for use of the private road and utility lines and pipes located in Century Hills Ranchettes for use by the excluded property. Owners, their lenders, mortgagees, successors and assigns, or anyone claiming by or through them, by accepting and recording a deed (or notice of purchaser’s interest in the event of a contract sale) to any unit or mortgage or trust indenture upon a unit are hereby deemed to consent to subdivision of the real property, to removal of unbuilt lots from Century Hills Ranchettes, to the easements described above, and to any conveyances needed to vest ownership of the included property in the existing owners and to vest ownership of the excluded property in Developer’s name. Any land subdivided from the above described property shall be owned by Developer free and clear of this Declaration.
All owners, their lenders, mortgagees, successors and assigns, or anyone claiming by or through them, by executing and recording a limited irrevocable power of attorney coupled with an interest, to execute and record a notice of termination, subdivision plat, conveyances, easements, amendments to this Declaration and all other documents necessary to comply with the termination provisions of this section 5, in accordance with the termination provisions of this plan of development, thereby would grant onto CENTURY HILLS RANCHETTES, LLC said powers.
Any liens arising as a result of Developer’s ownership of and construction of additional units shall not attach to the interests of existing owners or those of first mortgagors of existing units.
6. UNIT OWNERSHIP
Each unit, an appurtenant undivided interest in the common elements, the use of limited common elements reserved for that unit, membership of Century Hills Ranchettes Homeowner’s Association, and the assessment account for that unit shall together comprise one unit, shall be inseparable, and may be conveyed, devised or encumbered only as a unit. Any conveyance, encumbrance, judicial sale or other voluntary or involuntary transfer of an individual owner’s interest in the common elements shall be void unless the unit to which that interest is attached is also included in the transfer.
Each owner shall be a fee simple owner of such unit and of an undivided interest in the common elements, subject to the provisions of this Declaration and the By-laws of the Century Hills Ranchettes Homeowner’s Association. During construction, the percentage of each unit’s ownership in the undivided interest in the common elements shall be calculated as follows: 1/of all completed units. Upon completion or termination of the entire project, the percentage of undivided interest in the common elements shall be calculated with the same formula. As an example, if all 77 units are developed, each unit’s ownership percentage in the common elements shall be 1/77.
7. COMMON ELEMENTS
The general common elements include the land described in paragraph 2 above, except that designated in paragraph 4 as part of a unit, the private roadways serving all units, the perimeter fence, if any, street and entry signs, mailboxes, the common electrical service lines which serve all units, and all other improvements to the land which is general common area, all subject to each owner’s right to exclusive use of the limited common elements. The common elements further include any capital improvements made by the Developer as set forth in paragraph 5.
The limited common elements are driveways and turnarounds which serve one but not all units and are reserved for the exclusive use of the owners of the unit served.
8. USE
The use for which each unit is intended is that of a residential dwelling. However, Developer reserves the right to maintain a construction office and a sales office in one or more units until such time as all units have been sold.
9. MAINTENANCE OF UNITS AND COMMON ELEMENTS
(a) Every owner shall be responsible for all maintenance of and repairs to its unit. Each owner shall be responsible for all damages to the other units or to the common elements resulting from his failure to undertake such maintenance and repair. Each owner shall be responsible for obtaining fire and other insurance on his personal property and on his unit, to the extent deemed necessary by each owner. Each owner shall be responsible for paying all taxes and assessments on his unit and for payment for all utilities provided to his unit. All fixtures and equipment within a unit shall be maintained, replaced and kept in repair by the owner.
(b) Developer intents to leave the grounds which are a part of each unit in their natural state. If owners wish to otherwise landscape their unit, the cost of planting and maintaining such landscaping shall be paid by the owner.
(c) If the exterior of a home is damaged or destroyed by fire or other casualty, or requires maintenance, the owner, not the Association, shall be responsible for maintaining, repairing or replacing the home, and must do so promptly. Home and outbuildings which are repaired or replaced after casualty shall conform in style, quality and exterior appearance, to the home or outbuilding as it existed prior to the casualty. The Board of Directors of Century Hills Ranchettes Homeowners Association shall be the final authority in determining whether exterior repairs, or replacement homes, conform to the appearance of the home prior to casualty. In the event an owner fails or refuses to maintain the exterior of a home, to fully repair casualty damage to the exterior of a unit, or to replace a unit which has been completely destroyed, the Association may, after 10 days advance written notice to the owner, make the needed repairs and charge the actual cost of such repairs to the owner. Any such costs shall be deemed common expenses, payable only by the owners of the unit on which repairs were made.
(d) Each unit shall have a private water cistern and the owners of the individual units shall be responsible for maintaining their own cistern systems, and providing their own water hauled to their cisterns.
(e) All units shall have septic systems and the owners of individual units shall be responsible for maintaining their own septic systems.
(f) The Association may be responsible for any maintenance, repair and replacement of any general and limited common elements, and for snow removal from streets and all insurance premiums for the common areas which are a common expense. Except as provided in subsection (c) and (d) above, all of the above mentioned Association expenses, together with administrative expenses of the Association, shall be charged to the owners as a common expense according to each owner’s percentage of undivided interest in the common elements. The Association may employ personnel necessary for the maintenance, upkeep and repair of the common elements as is deemed necessary. The payment of common expenses and the expense for the maintenance, upkeep and repair of the common elements shall be paid, and the method of approving payment therefor shall be determined, in the manner from time to time decided by the Board of Directors. Expenses for maintenance or repairs due to the misuse or neglect of an owner shall be charged to such owner. The Association shall use a reasonably high standard of care in providing such maintenance, management and repair, so that Century Hills Ranchettes will reflect a high pride of ownership. The Association may employ personnel for the maintenance, upkeep and repair of the common elements as is deemed necessary.
10. COMMON EXPENSES
All of the following Association expenses shall be charged to the owners as a common expense, according to each owner’s percentage of undivided interest in the common elements:
(a) Administrative expenses of the Association;
(b) The cost of maintenance, repair and replacement of general and limited common elements, and of snow removal;
(c) Casualty, liability and fidelity insurance premiums for the common areas, as provided in paragraph 7(a), (c) and (d), of the By-laws of Century Hills Ranchettes Homeowners Association;
(d) The cost of capital improvements created by the Developer in paragraph 5. If the unit owners decide to make capital improvements, those capital improvements shall be made with the express written consent of the Developer and 51 percent vote of the unit owners until completion or termination of the development pursuant to paragraph 5. If the development is complete or terminated pursuant to paragraph 5, such capital improvements shall be made on the vote of 51% of the unit owners.
(e) Maintenance or repair of damage to the exterior of a home, if the owner fails or refuses to perform the maintenance or repairs, shall be deemed a common expense payable only by the owner of that home.
11. MEMBERSHIP IN CENTURY HILLS RANCHETTES HOMEOWNERS ASSOCIATION
Each owner shall be a member of Century Hills Ranchettes Homeowners Association. Membership shall be appurtenant to and may not be separated from ownership of a unit. Owners shall be entitled to one vote in Century Hills Ranchettes Homeowners Association for each unit owned. Developer shall have one vote for each uncompleted unit owned by it. When more than one person holds an interest in any unit, all such persons shall be members; the vote for such unit shall be exercised as the owners determine, but in no event shall more than one vote be cast with respect to any unit.
12. COVENANT TO PAY ASSESSMENTS
Assessments shall be made by the Association for all common expenses set forth in Section 10 above. The obligation to pay assessments for a unit shall begin upon completion of the unit. The Developer, for each completed unit owned by it, and each owner, by acceptance of a deed, whether or not it shall be expressed in said deed, is deemed to covenant and agree to pay to the Century Hills Ranchettes Homeowner’s Association all periodic and special assessments made by the Association for common expenses and to waive any right said owner may have, under the laws of the United States or the State of Montana, to claim a homestead exemption for said assessments. Assessments shall not include costs attributable to houses under construction or to units on which home construction has not yet begun.
13. REMEDIES FOR NON-PAYMENT OF ASSESSMENTS
All sums assessed by the Association but unpaid for the share of common expenses chargeable to any unit, together with interest, collection costs, costs of suit and reasonable attorney fees, shall constitute a lien on such unit, and if filed of record, may be foreclosed in the same manner as a construction lien. Such lien shall not take priority over any sums unpaid on a first mortgage or trust indenture of record prior to the recording of the lien for assessments. Each assessment, together with interest, collection costs or costs of suit, and reasonable attorney fees, shall also be the personal obligation of the owner of the unit against which the assessment was made at the time the assessment fell due and a suit to recover a money judgement for unpaid assessments shall be maintainable by the Association against said owner without foreclosing or waiving the lien securing the same. All costs of collection of delinquent assessments, including but not limited to, court costs, costs for filing liens, and attorney fees, shall be the obligation of the non-paying owner, shall be deemed a common expense chargeable only to the non-paying owner, and may be added to the next regular assessment for that unit. If a mortgagee, beneficiary of a trust indenture, or other purchaser of a unit obtains title to the unit as a result of foreclosure of a first mortgage or trust indenture, such acquirer of title, its successors and assigns shall not be liable for the share of the assessed, but unpaid, common expenses or assessments by the Association chargeable to such unit which become due prior to the acquisition of title to such unit by such acquirer unless expressly assumed by them. Such unpaid share of common expenses or assessments shall be deemed to be common expenses collectible from all of the owners. Any other acquirer, its successors and assigns shall be liable for past due assessments deemed to be for common expenses as set forth in paragraph 10. However, no sale or transfer of a unit shall relieve the acquirer from liability for assessments thereafter becoming due or from the lien thereof.
14. PROCESS
Service of process in the cases provided for in Section 70-23-901, Montana Code Annotated, shall be made upon CENTURY HILLS RANCHETTES, LLC, 2647 Grand Avenue, Suite 1 Billings MT 59102. This provision may be amended in the manner provided in Section 70-23-902, MCA.
15. RIGHTS AND OBLIGATIONS OF DEVELOPER
Until all units are sold, Developer shall pay the proportionate share of real property taxes attributable to units not sold. Developer shall insure, to the extent it deems necessary, all units under construction, and pay the cost of such insurance.
For each completed unsold unit owned by it, Developer shall have all of the rights and duties afforded to any owner under the terms of this Declaration, by By-laws of Century Hills Ranchettes Homeowners Association, and Montana law.
16. EASEMENTS
There shall exist for the benefit of each unit and as a burden on the other units the following easements:
(a) Easement through the general common elements for ingress and egress for all persons making use of such common elements in accordance with the terms of this Declaration; each owner shall have an unrestricted right of ingress and egress across the common elements to his or her unit.
(b) Easements through the units and common elements for maintenance, repair and replacement of the units and common elements. Use of these easements, however, for access to the interior of homes shall be limited to reasonable hours, except that access may be had at any time in case of emergency.
(c) Easements through the units and common elements for all facilities for the furnishing of utility services within a unit, which facilities shall include but not limited to conduits, ducts, plumbing and wiring; provided that the easements for such facilities through a unit shall be only substantially in accordance with the plans of the unit.
(d) Easements for encroachments (and maintenance thereof) of any portion of the general common elements or limited common elements upon a unit or units so long as they stand, and easements for encroachments (and maintenance thereof) of any portion of a unit upon the general common elements, limited common elements, and upon an adjoining unit or units, so long as they stand.
(e) Easements through the units and common areas for utility lines serving the individual units, and for ingress and egress to maintain, repair and replace these facilities.
Such encroachments and easements shall not be considered or determined to be encumbrances either on the general common elements, the limited common elements, or on the units for purposes of marketability of title.
17. GRANT OF EASEMENTS FOR SERVICES
The undersigned hereby grants an easement over and across the common street for mail service, water service, solid waste services, fire service, police protection, other emergency vehicles and other publicly-owned vehicles being used for official federal, state, or local governmental purposes.
18. GRANT OF UTILITY EASEMENTS AND EASEMENTS FOR SERVICES
The undersigned hereby grants unto Montana-Dakota Utilities, Co., to the Yellowstone Valley Electric, to the Montana Power Company, to the Mountain States Telephone and Telegraph Company d/b/a/ Qwest and to Tele-Communications, Inc., an easement across the above-described real property for the purpose of providing underground utilities and cable television service to each home, together with the right of ingress and egress for the purpose of installing, maintaining, repairing and replacing all necessary pipes, lines and cables. To the extent that they can conveniently do so, all grantees shall use the same trench for placement of pipes, lines and cables serving each of the homes. This paragraph shall not be deemed to grant an easement for utility serving homes outside of the Century Hills Ranchettes project.
19. UNITS SUBJECT TO DECLARATION, BY-LAWS,RULES AND REGULATIONS, AND RESTRICTIVE COVENANTS.
All present and future owners of units shall be subject to and shall comply with the provisions of this Amended Declaration, the By-laws, restrictive covenants, and rules and regulations adopted by Century Hills Ranchettes Homeowners Association, as these instruments may be amended from time to time. The execution of a purchase contract by an owner or the acceptance of a deed thereto shall constitute acceptance of the provisions of such instruments by such owner. All owners shall be responsible for insuring compliance by their tenants, family members, other occupants of their unit and their guests. The provisions of the Declaration and the By-laws, restrictive covenants and rules and regulations adopted by the Century Hills Ranchettes Homeowner’s Association shall be covenants running with the land and shall bind any person having an interest in such unit as through the provisions were recited and fully stipulated in each deed or conveyance thereto. The invalidity of any provision of this Declaration shall not affect in any manner the validity or enforceability of the remainder of the Declaration. No provision in this Declaration shall be deemed to have been waived by reason of any failure to enforce it, irrespective of the number of violations which may occur.
20. RIGHTS OF ACTION
The Century Hills Ranchettes Homeowner’s Association and any aggrieved owner shall have the right to maintain an action for specific performance, for damages and/or for injunction, against any owner or the Association for failure to comply with the provisions of this Declaration or the By-laws of the Association, or any rules and regulations adopted by the Association.
21. EMINENT DOMAIN
(a) If the entire project or a portion of the common elements only is acquired by eminent domain and if a separate award is not made to each owner, the award shall be allocated to each owner in proportion to each owner’s percentage of undivided interest in the common elements.
(b) If a part of the project which includes one or more individual units is acquired by eminent domain, the award shall be allocated to owners as follows:
(1) The owner of each individual unit taken shall receive the fair market value of his unit, including his interest in the common elements, whether or not any common elements are actually taken. Thereafter, the owner shall be divested of his entire property interest in the project attributable to the unit taken and shall have no further property interest in the property, including the common elements. Said common elements shall be reallocated to the remaining owners in proportion to each remaining owner’s percentage of undivided interest in the common elements. In addition, the owner of each individual unit taken, following compensation, shall have no further voting rights in the project as owner of the unit taken.
(2) The remainder of the award, if any, shall be divided among the remaining owners in proportion to each owner’s percentage of undivided interest in the common elements.
22. NOTICE TO HOLDERS, GUARANTORS AND INSURER’S OF MORTGAGES ON UNITS.
Upon written request from a holder, insurer or guarantor of a first mortgage on any unit, the Directors of the Association shall provide said holder, insurer or guarantor with timely written notice of :
(a) Any proposed action that requires the consent of a specified percentage of eligible mortgage holders;
(b) Any condemnation loss or any casualty loss which affects a material portion of the Century Hills Ranchettes Home project or which affects any unit on which there is a first mortgage held, insured or guaranteed by such holder, insurer or guarantor;
(c) Any delinquency in the payment of assessments or charges owed by an owner of a unit subject to the mortgage of such eligible holder, insurer or guarantor, where such delinquency has continued for a period of 60 days;
(d) Any lapse, cancellation or material modification of any insurance policy maintained by the Association.
23. AMENDMENT
Prior to completion of construction by Developer, Developer reserves the right to amend this Amended Declaration, and any subsequently recorded Declaration, as provided in paragraph 5 above. All owners and all mortgagees of a unit, by execution of the Power of Attorney in the form of Exhibit A attached hereto at the time of acceptance of a deed to any unit, or executed at the time of recordation of a mortgage or trust indenture on the unit, thereby would consent to any such amendment by Developer and grant unto CENTURY HILLS RANCHETTES, LLC , as developer, its successors and assigns, a limited irrevocable power of attorney, coupled with an interest, to execute, acknowledge and record such amendments. Any amendment other than those permitted by the provisions of paragraph 5 above shall require consent of 90% of the owners; no amendment shall be effective prior to completion of construction of all units unless approved by Developer.
After completion of construction of all units Developer, and recordation of the final amendment to this Amended Declaration, the provisions of the Declaration, except paragraph 14, shall be amended only by affirmative vote of 90% of the owners. A change in any of the following must also be approved by eligible mortgage holders who represent at least 51% of the votes of units subject to mortgages held by eligible mortgage holders:
(a) Voting rights;
(b) Responsibility for maintenance and repairs;
(c) Reallocation of interests in general or limited common areas or rights to their use other than as set forth in this Declaration;
(d) Redefinition of any unit boundaries for completed units after conveyance by Developer;
(e) Conversion of units to common areas or vice versa, other than as provided in this Declaration;
(f) Expansion or contraction of the project, or the addition or withdrawal of property to or from the project other than as provided in this Declaration;
(g) Restrictions on leasing of units by other than the developer;
(h) Imposition of restrictions on an owner’s right to sell his or her unit; and
(i) Restoration or repair of the project in a manner other than as provided in this Declaration.
All amendments to the Declaration shall be recorded in the office of the Yellowstone County Clerk and Recorder, Billings, Montana.
DATED this day of , 2007.
"SUBDIVIDER"
CENTURY HILLS RANCHETTES, LLC
JERRY T. RAY, DEVELOPER
STATE OF MONTANA )
: ss
County of Yellowstone )
On this day of , 2007, before me, a Notary Public in and for the State of Montana, personally appeared JERRY T. RAY, known to me to be the developer of CENTURY HILLS RANCHETTES, LLC, who executed the foregoing instrument and acknowledged to me that he executed the same. Witness my hand and seal the day and year herein above written.
Notary Public for the State Montana
Residing at My commission expires
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