After Recording, Return to:
Fishhawk Lake Recreation Club, Inc.
71150 Northshore Drive
Birkenfeld, Oregon 97016
RE-STATED DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR
FISHHAWK LAKE RECREATION CLUB, INC.
TABLE OF CONTENTS
RECITALS Page 2
ARTICLE 1 PROPERTY Page 3
ARTICLE 2 DEFINITIONS Pages 3 – 4
ARTICLE 3 THE ASSOCIATION Page 4
ARTICLE 4 PLANS, SPECIFICATIONS AND SITE PLANS Pages 4 – 6
ARTICLE 5 ARCHITECTURAL, COVENANTS, CONDITIONS, AND Pages 6 – 7
ARTICLE 6 COMMON PROPERTY Pages 8 – 9
ARTICLE 7 EASEMENTS Page 9
ARTICLE 8 USE AND OCCUPANCY COVENANTS, CONDITIONS, AND Pages 9 -10
RESTRICTIONS AND RULES OF CONDUCT
ARTICLE 9 COVENANTS FOR MAINTENANCE ASSESSMENTS/ Pages 10 – 11
SPECIAL ASSESSMENTS AND COMMON PROFITS
ARTICLE 10 DURATION AND AMENDMENT Pages 11 – 12
ARTICLE 11 ENFORCEMENT Page 12
ARTICLE 12 MISCELLANEOUS Pages 13 – 14
RE-STATED DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
FISHHAWK LAKE RECREATION CLUB, INC.
THIS RE-STATED DECLARATION is approved this _____ day of August 2004 by the Owners of Lots in Fishhawk Lake Recreation Club, Inc. (“Association”).
Whereas, Declarant Fishhawk Lake Estates Inc. established the Association and adopted and recorded a Declaration of Restrictions on May 23, 1967 in Volume 292, Page 587, Clatsop County Deed Records, as amended by amendment recorded August 7, 1977 in Book 457, Page 106, Clatsop County Deed Records; and as recorded May 26, 1967 in Book 165, Page 145, Columbia County Deed Records, as amended by amendment recorded August 1, 1977 in Book 213, Page 435, Columbia County Deed Records; and
Whereas, the Association desires to restate a General Plan (hereinafter called “General Plan”) for the improvement and development of the said property (hereinafter referred to as “said Property”) which is hereinafter more particularly described; and
Whereas, in accordance with said General Plan, the Association desires to subject said Property to the following Re-Stated Covenants, Conditions, and Restrictions upon and subject to which all or any portion of said Property shall be held, improved and conveyed;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, the Association hereby certifies and declares that it has established a General Plan for the protection, maintenance, development and improvement of the said Property and that in accordance with said General Plan, said Property is and shall be held and conveyed upon and subject to the Covenants, Conditions, and Restrictions herein set forth, each and all of which are for the benefit of the Owner of each part or portion of the said Property and each and all of which (a) shall apply to and bind not only the Association while the Owner of any part or portion of said Property, but also each and every and any future Owner thereof or of any part thereof; (b) shall inure to the benefit of not only the Association but also to the benefit of each, every and any future Owner of each, every and any portion or portions of the said Property and to the benefit of the Association, an Oregon non-profit corporation; (c) shall run with and be binding upon said Property; and (d) may be enforced not only by the Association, its successors and assigns, but also by each, every and any future Owner of any portion of the said Property; and (e) is subject to ORS 94.550 – 94.783.
Said General Plan and said Covenants, Conditions, and Restrictions now made applicable to said Property are as follows:
Article 1 — Property
1.1 The real Property subject to this Declaration is situated in Columbia and Clatsop Counties, State of Oregon, and is more particularly described as follows:
“Fishhawk Lake Estates, Division No. 1, 2 and 2A in Columbia and Clatsop Counties, Oregon, recorded in the offices of the County Clerks of Columbia and Clatsop Counties, located in the State of Oregon.”
Article 2 — Definitions
2.1 “Association” shall mean and refer to Fishhawk Lake Recreation Club, Inc. Homeowners’ Association, its successors and assigns.
2.2 “Building”, “Structure” and “Outbuilding” shall include both the main portion of such structures and all projections therefrom plus any separate buildings used for vehicles, storage, boats, firewood, or recreation, (i.e. gazebos, decks, dock, etc).
2.3 “Common Property” shall mean and refer to that area of land shown on the recorded plat of the Property, including any improvements thereon, which are intended to be devoted to the common use and enjoyment of the Members and which land has been conveyed to the Association, together with property held for resale by Fishhawk Lake Recreation Club, Inc.
2.4 “Declaration” shall mean the Covenants, Conditions, and Restrictions and all other provisions set forth in this Declaration for Fishhawk Lake Recreation Club, Inc.
2.5 “General Plan” means the general plan herein provided.
2.6 “Lot” shall mean and refer to each and any of the Lots shown on the plats of Division 1, 2, and 2A, Fishhawk Lake Estates, on file in the records of Clatsop and Columbia Counties.
2.7 “Member” shall be an Owner of one or more Lots with each Member entitled to one vote. If any Lot is held jointly or in common by more than one person, the several Owners shall constitute one Member and be entitled to only one vote. The several Owners shall select one Owner to act as the Member for purposes of voting or serving as Trustee. If two or more persons hold, jointly or in common, an interest in more than one Lot, the Owners may select a Member for each Lot. Provided no person shall be selected as a Member for more than one Lot, nor have more than one vote. Lots owned by the Association are not included in membership or quorum calculations.
2.8 “Member in Good Standing” shall be an Owner who is current in the payment of assessments and owes no fines.
2.9 “Owner” shall mean and refer to the Owner of record, whether one or more persons or entities, of the fee simple title to any Lot or a purchaser in possession under a land sale contract. The foregoing does not include persons or entities that hold an interest in any Lot
merely as security for the performance of an obligation.
2.10 “Property” shall mean and refer to all real property included in Divisions 1, 2, and 2A plats of Fishhawk Lake Estates.
2.11 “Rules and Regulations” shall mean and refer to the documents containing Rules and Regulations adopted by the Board of Trustees of the Association or the Architectural Committee as may be from time to time amended.
2.12 “Street” means any street, highway or other thoroughfare shown on the map of said Property.
Article 3 — The Association
3.1 The Association is a Homeowners Association known as Fishhawk Lake Recreation Club, Inc, an Oregon non-profit corporation. The Articles of Incorporation and Bylaws of said corporation shall be binding on the purchasers of any Lot and in the Property described in Article I above, and shall be binding on their heirs, assigns, or any future holder.
3.2 The Association has established an Architectural Committee which is under the direction of the Association. Duties and powers of the Architectural Committee are detailed in the following Covenants, Conditions, and Restrictions but are not necessarily restricted thereto. The members of the Architectural Committee shall be selected for a one year term and appointed by the President of Fishhawk Lake Recreation Club, Inc. Any member of the Architectural Committee may be removed by the Board of Trustees of said Association at any time with or without cause. The Architectural Committee may adopt a set of rules governing their procedures.
3.3 The Architectural Committee shall keep written records of all of its decisions whether for approval, disapproval or modification of plans, specifications, and site plans submitted to it. It shall make a written report at least annually to the Board of Trustees of its actions and deliberations stating its reasons for its actions. It shall make such other reports from time to time to the Board of Trustees of Fishhawk Lake Recreation Club, Inc. as the Board of Trustees may request. If the Architectural Committee disapproves any plans, specifications or site plans it shall give its disapproval to the applicant in writing. The applicant may appeal to the Board of Trustees of Fishhawk Lake Recreation Club, Inc., from the decision of the Architectural Committee within 30 days from the receipt of the notice of disapproval or modification. Such appeal shall be in writing. The Board of Trustees shall then review the action of the Architectural Committee and may affirm, modify or reverse the action of the Architectural Committee.
Article 4 — Plans, Specifications and Site Plans
4.1 No Building, garage, patio, Outbuilding, dock, fence, driveway or other Structure shall be constructed, erected, altered, moved on to or undergo exterior remodeling on a Lot until two complete sets of plans and specifications and a site plan have been approved in writing by any three of the five members of the Architectural Committee.
4.1.1 Plans, specifications and site plans shall be delivered to the Executive
Secretary of the Association or to such other person as may be designated by the Architectural Committee.
4.1.2 The submission of plans, specifications will include a site plan showing the Lot lines, set backs, building(s) siting, tree removal, driveway, grading plan, water and sewer connections. The plans and specifications will also include exterior siding color(s) with at least a one square foot sample and roofing material/color and a one square foot sample. In advance of the arrival of the Architectural Committee members to the subject Lot, the applicant will have properly staked the Lot corners and the corners of any proposed construction or addition.
4.1.3 Designs will avoid a boxy appearance. If this is unavoidable, then applicant will be expected to create rooflines, overhangs, decks, shutters and other features to break up such an appearance. The intent is that roofs have a slope of at least 5 on 12. Appropriate materials will include asphalt shingles, tile or composites, and metal. The colors are to blend into the environment and include shades of brown, black and green. Metal roofs will be reviewed to prevent light reflection that would be annoying to a neighbor. To the extent possible, roof vents, flashing, chimneys, and sheet metal will blend into roof color. Siding shall be wood, vinyl, hardy plank type of materials and the color will blend into the surrounding environment and therefore should be greens, browns, and earth tones.
4.1.4 Plans will include identification of any evergreen trees 8 inches or greater in diameter four feet above ground level which are subject to removal. Removal is subject to approval by the Committee, but is justified for trees which are in the footprint of a Building or driveway, are dangerous, are dying, are endangering the health of surrounding trees, or interfere with power lines. Limbing of trees for view, sunlight or landscaping does not require approval. Topping of evergreen trees does require approval of the Architectural Committee.
4.1.5 It is the Owner’s responsibility to build in conformance with the plans, specifications, and site plans approved by the Architectural Committee. If changes are made to these plans which alter the character or placement of the structure from those approved, the Architectural Committee will request that the Owner either remove, replace, or correct the discrepancy. An on-site measurement shall be made by a member of the Architectural Committee to check the Lot staking and foundation placement. It is the responsibility of the Owner to contact the facilities manager before any of the following is being done:
1. Bulldozing or grading which seriously changes slope or contour of land.
2. Connecting to the water or sewer lines and covering up of those lines.
In addition, clean up and appropriate disposal of debris from construction activity shall be maintained on a regular basis.
4.2 The Architectural Committee shall have the power and authority to approve or disapprove the plans and specification and site plans. The reasons for disapproval may include non-compliance with the Covenants, Conditions, and Restrictions and Bylaws of Fishhawk Lake Recreation Club, Inc. and/or reasonable dissatisfaction with the grading plan, location of the structure(s), finished ground elevations, color, finish, materials, roof design, proportions, architecture, height and style of structure. The intent is to have the final structure in harmony with the General Plan of improvement throughout the Property. Plans will only be accepted from Members in Good Standing.
4.2.1 The approval of one set of plans, specifications and site plan shall not be
deemed a waiver of the Committee’s right to object to any of its features embodied in future plans, specifications and site plans.
4.2.2 Plans will be deemed as submitted on the date of the next scheduled Architectural Committee meeting. If the Committee fails to approve or disapprove plans, specifications and site plans within 30 days of submission, it shall be presumed that the Committee has approved said plans, specifications and site plans.
4.2.3 If the applicant fails to adhere to the approved plans, specifications and site plans, the Architectural Committee can issue a stop work order.
4.3 Permits from the appropriate County must be available at the construction site prior to commencement of any permitted activity.
Article 5 — Architectural Covenants, Conditions, and Restrictions
5.1 No Lot in this Property may be subdivided nor any building thereon be converted to a condominium, timeshare or organized as a cooperative. Owners may lease their properties for one year or more but no short-term rentals are allowed. Immediately upon the lease of a Property, the Owner must promptly notify the Executive Secretary of the name and address of said lessee.
5.2 No Building, Structure or improvement shall be constructed, altered, placed or permitted to remain on Lots in the Property, except as specifically permitted elsewhere in these Covenants, Conditions, and Restrictions. Only one family dwelling with appurtenant outbuildings is permitted on one Lot. If two or more contiguous Lots in said Property are held in the same ownership and there is only one main residence on the combined area, the remaining Lot portions may be used for private outbuildings and grounds appurtenant to the main residence.
5.3 Outbuildings and garages constructed and maintained on any of said Lots shall conform generally in architectural design, exterior material, color and roofing to the finish of the main residence. Outbuildings and garages may be attached or detached from the main building. Outbuildings erected on vacant Lots are not to exceed 96 square feet and one story.
5.4 On Lots in said Property no residence shall have a finished living area of less than 900 square feet, exclusive of carports, garages and covered porches.
5.5 Setback lines shall be measured from the foundation of buildings and shall be as follows: 20 feet from street property lines, 5 feet from side Lot lines, 15 feet from back Lot line, and 50 feet from the edge of the Lake, Fishhawk Creek and Boxler Creek. Roof overhangs on side Lot lines may extend to within 3 feet of the side Lot line. If the Building has a covered porch, then the distance to the Lake, Fishhawk Creek and Boxler Creek is measured from the end of the roof, not the foundation. No part of the Structure may be within 50 feet of the Lake, Fishhawk Creek or Boxler Creek with the exception of uncovered decks which may extend up to 10 feet from the Building providing that the deck does not interfere with the neighbors’ view.
5.6 No shed, tent, canopy, garage, mobile home, manufactured home, recreational vehicle or Outbuilding may be used as a permanent residence. Any of the foregoing may be used as a temporary residence during construction of a permanent residence with approval of
the Architectural Committee but not to exceed ten months. Tents, canopies, and recreational vehicles may be used on Lots for weekend and vacation occupancy up to a maximum of 60 days per year, subject to such Rules and Regulations as may be adopted from time to time by the Board of Trustees of the Association. Tents, canopies, and recreational vehicles are subject to the same setback requirements from the Lake as buildings. Tents, canopies, and recreational vehicles may not be stored outside on Lots and must be removed when they are unoccupied. Tents and canopies are not to be used as storage facilities. Mobile homes, recreational vehicles or outbuildings needed by the Association for temporary employees or contractors approved by the Board of Trustees are exempt from this Restriction.
5.7 No Building or Structure shall be moved onto the Property from any land outside of said Property without permission of the Architectural Committee.
5.8 No person shall erect or maintain upon any part of said Lot any sign, advertisement, billboard, or other advertising structure of any kind, except that an Owner may place political signs as allowed by law and his own “For Sale” sign on his Lot, and a builder may place his sign during construction and subsequent offer for sale. Signs are not allowed on the Lake side of the Lot. “For Sale” signs must be removed if a Lot is not actively offered for sale either through advertising or a listing with a real estate firm. No sign shall exceed two feet by three feet in size. Garage sale signs may be posted, but must be removed promptly after the completion of the sale.
5.9 No fence, wall or hedge shall be planted, erected, located or maintained upon any of said Lots in such location or at such height as to unreasonably obstruct the view of the Lake from any other Lot or Lots in said Property. Fences shall not be erected, located or maintained on any Lot nearer than 15 feet to any street Lot line, and, on the Lake front Lots and Fishhawk and Boxler Creeks front Lots, no nearer than 50 feet from the water’s edge.
5.10 All exterior lighting shall be designed and directed to illuminate only the Lot on which it is installed. “Sentry” lighting on freestanding poles or attached to buildings or Outbuildings is not allowed unless the lighting is shielded to direct it to only the Lot on which it is installed. Floodlighting may not be left on overnight.
5.11 Construction of docks or other Structures extending into Fishhawk Lake or into or over any body of water or stream must be approved by the Architectural Committee, however, no Structure may extend more than 10 feet from the bank of the Lake, 5 feet from the bank of the canal or 2 feet from the bank of Fishhawk Creek. The design of any such Structure must be submitted to and approved by the Architectural Committee. Boathouses and storage Structures are not permitted. Only dark green, brown, or black tarps may be used to cover boats and wood piles.
5.12 The work of construction on Buildings and Structures shall be prosecuted diligently and continuously from commencement of construction until the outside of the Buildings or Structures are fully completed and painted. All Buildings and Structures shall be complete as to external appearance, including finished painting within 10 months from date of commencement of construction, unless prevented by causes beyond the Owner’s control. Any extensions to the 10-month construction period must be approved by the Architectural Committee.
Article 6 — Common Property
6.1 Subject to the rights of Owners set forth in this Declaration, the Association shall
be responsible for the exclusive management and control of the Common Property, including the clubhouse complex with three Buildings on a portion of the island, a tennis court and other improvements including a firehouse, and shall keep the same in good, clean, attractive and sanitary condition, order and repair. This obligation shall include the obligation for the maintenance, repair and replacement of streets, sanitary sewer and water lines up to individual Lot lines and maintenance of the dam.
6.2 Subject to the provisions of this Declaration, the Bylaws, and Rules and Regulations of the Association, every Owner shall have a nonexclusive right and easement of enjoyment in and to the Common Property, which shall be appurtenant to and shall pass with the title to every Lot.
6.3 The members’ easements of enjoyment created hereby shall be subject to the following:
6.3.1 The right of the Association to establish reasonable Rules and Regulations and to charge reasonable assessments for capital expenditures on the Common Property and the maintenance and upkeep of the Common Property and payment of all Association expenses.
6.3.2 As provided by ORS 94.665, the right of the Association to sell, dedicate or transfer any portion of the Common Property or to create a security interest therein. The Board, without approval of the membership, may grant easements for utilities and similar or related purposes and may re-sell any Lot taken by foreclosure or deeded to the Association.
6.4 Any Owner may delegate his or her right of enjoyment to the Common Property and facilities to the members of the Owner’s family and to a reasonable number of guests subject to Rules and Regulations as may be established from time to time by the Association.
6.5 In the event any Common Property is damaged or destroyed by an Owner or any of his or her guests, tenants, licensees, agents or members of his or her family in a manner that would subject such Owner to liability for such damage under Oregon law, such Owner does hereby authorize the Association to repair such damage; the Association shall repair damage in a good and workmanlike manner as originally constituted or as the area may be modified or altered subsequently by the Association in the discretion of the Association. The reasonable cost necessary for such repairs for the damage only shall become a special assessment upon the Lot of the Owner who caused or is otherwise responsible for such damage.
6.6 At the discretion of the Association, certain Association owned Lots may be used for Association owned equipment, operating systems, and the structures as may be necessary to protect these systems and equipment.
6.7 The Association will furnish water in the streets in the front of all Lots. Each Owner of a Lot shall be entitled to one hook-up to the private water system. The cost of the hook-up, materials and labor is to be paid for by the Owner. Any charge for water service will be based on a rate not to exceed the rate as permitted by the Oregon State Public Service Commission. The Association may terminate water service to any Lot not paying the Association assessments or water service rates when due.
6.8 The Association will operate, maintain and upgrade the water system, as required and in accordance with appropriate laws and for the good of all Lot Owners.
Article 7 – Easements
7.1 The Association hereby grants to the Association a blanket easement with respect to all Lots on the Property for the purpose of maintaining, repairing and replacing sewer, water, and drainage lines serving the Lots. The easement granted in this Section shall be perpetual and shall run with the land.
7.2 The Association hereby reserves and further declares that upon the conveyance of any Lot in said Property, there is reserved the following:
7.2.1 All the water rights in, under, or flowing over said Property, or appurtenant thereto, or to any part thereof, including the right to develop water thereon, transport or export water therefrom.
7.2.2 In case of an emergency originating in or threatening his or her Lot, an Owner shall grant the right of entry to the manager or to any other person authorized by the Board of Trustees or the Association, whether the Owner is present at the time or not.
7.2.3 An easement is reserved to the Association in and through any Lot and the Common Property providing access at reasonable times and with reasonable notice for purposes of maintenance, repair and replacement of the Common Property. If, in the process of such repair and maintenance by the Association, it is necessary to alter or damage any Lot or Common Property, such alterations or damages will be permitted without compensation, provided the Lot and/or Common Property are promptly restored to substantially their prior condition by the Association.
7.2.4 Any conveyance by the Association shall except such easements so reserved from any grant or conveyance hereafter made of said Property.
Article 8 — Use and Occupancy Covenants, Conditions, and Restrictions and Rules of Conduct
8.1 The Owner of each Lot of said Property shall keep such Lot free and clear of all tall grass, weeds and rubbish and do all other things necessary or desirable to keep the premises neat and in good order. Owners will be given a 30 day notice to remedy if they are deemed in violation of this Restriction. It is hereby agreed that in the event of the default in the performance of this Restriction, the Association, its successors or assigns, hereby reserve the right to enter upon the Lot of such Owner and remove all tall grass, weeds and rubbish and do all other things necessary to place said Lot in a neat and orderly condition in accordance with this Restriction, and the expense thereof shall become due and payable from such Owner to the Association, its successors or assigns within five (5) days after written demand therefore. If not paid, said charges may be foreclosed as a lien against the Lot and the Lot Owner shall be responsible for costs and reasonable attorney fees.
8.2 Said Property shall not, nor shall any part thereof, nor any Lot therein be used for the purpose of mining, quarrying, drilling, exploring for, taking or producing there from, water, oil, gas or other hydrocarbon substances, minerals or ores of any kind except as reserved by
previous Owners, and properly recorded in the office of the Columbia or Clatsop County Clerk; and except that the Association may drill for water as required to supply Owners in the Property.
8.3 The Board of Trustees of the Association may make reasonable Rules and Regulations for the control and the use of Fishhawk Lake including, but not limited to, the character and size of boats and other floating devices and their operation. Only boats owned or controlled by Lot Owners may be allowed on the Lake. All such boats shall display a membership number. No motors shall be allowed on any boat on the Lake excepting electric powered motors or on boats under the control of the Association. Boats, motors, and boat trailers brought in from other locations must be washed before use on the Lake.
8.4 Outside fires may be built only as permitted by the governing authorities of Columbia and Clatsop Counties, State of Oregon, and the Oregon Department of Forestry and as specified in the Association’s Rules and Regulations.
8.5 No hunting shall be permitted. No trapping shall be permitted, except the trapping of vermin (mice, voles, shrews, and rats). Live trapping may be permitted for the purpose of relocation of the animals.
8.6 The discharge of firearms, air rifle or pistols, CO2 guns, bows and arrows, slingshots, blowguns, or any potentially dangerous projectile within the boundaries of the Property is strictly prohibited.
8.7 No herbicide, pesticide or non-organic fertilizer use within 50 feet of the Lake is permitted. Excepted are herbicides approved by and applied under the Association’s supervision to control weeds in the Lake.
8.8 No visible commercial activity is permitted on the Property.
8.9 The Owners of any Lot in said Property or portion of said Property shall be bound by the Articles of Incorporation and the Bylaws of the Fishhawk Lake Recreation Club, Inc. and these Covenants, Conditions, and Restrictions. Assessments as levied in accordance with said Bylaws and Articles of Incorporation of the Fishhawk Lake Recreation Club, Inc. shall constitute a lien against the Lots in the Property described in Article I and can be foreclosed by Fishhawk Lake Recreation Club, Inc. in the manner provided by the laws of the State of Oregon for the foreclosure of liens, including interest on the amount due together with reasonable attorney fees.
Article 9 – Covenants for Maintenance Assessments/Special
9.1 The Owners of all Lots by acceptance of a deed thereof, whether or not it shall be so expressed in such deed, are deemed to covenant and agree to pay the Association (l) regular assessments or charges for common expenses, and (2) special assessments. All such assessments, together with interest thereon at the rate established from time to time by resolution of the Board of Trustees and together with all other costs, fees, charges and fines allowed by law, shall be a lien and charge on the land and shall be a continuing lien upon the Lot against which each such assessment is made. Such lien shall exist and be executed, recorded and foreclosed in the manner provided by law.
9.2 The assessments levied under this Article shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents of the Property, and for the improvement and maintenance of such Property, including payment of premiums for insurance required under this Declaration and to fund a replacement reserve for those items the Association has maintenance responsibility, and for payment of any common operating expenses such as landscaping, maintenance, Association water, sewer and garbage collection, management services, legal and accounting services and the like. Neither the Association, nor any assessments of the Owners shall be used to engage in lobbying or to exert political influence.
9.3 Assessments. The Board of Trustees, upon vote of approval of a vote of a majority of the Members present at an annual or special meeting shall have the power to levy assessments against an Owner or Owners in the following manner for the following purposes:
9.3.1 To pay the pro rata share of the operating budget.
9.3.2 To collect amounts due to the Association from an Owner for breach of the Owner’s obligations under the Declaration, these Bylaws, or the Association’s Rules and Regulations.
9.3.3 To make repairs or renovations to the Common Property or those portions of the Buildings for which the Association has maintenance responsibility if sufficient funds are not available from the operating budget or replacement reserve accounts.
9.3.4 To make capital acquisitions or improvements, provided, such acquisitions or improvements shall require approval of at least sixty-six percent (66%) of the Members present instead of a majority.
9.4 Default. Failure by an Owner to pay any assessment of the Association shall be a default by such Owner of his or her obligations pursuant to these Bylaws and the Oregon Planned Community Act. In addition to the interest, which may be charged on delinquent assessments, the Board of Trustees, at its option, may impose a late charge penalty and administrative fee in respect to any assessment not paid within ten (10) days from the due date. Such penalty may not exceed the sum of ten percent (10%) of the assessment. The Association shall be entitled to a lien, which may be enforced upon compliance with the provisions of the Oregon Planned Community Act. In any foreclosure suit by the Association with respect to such lien, the Association shall be entitled to collect reasonable rent from the defaulting Owner for the use of his or her Lot or shall be entitled to the appointment of a receiver. Any default by the Owner in any provisions of these Bylaws or of the Oregon Planned Community Act shall be deemed to be a default by the Owner of any mortgage to which the Owner is a party or to which the Lot is subject.
Article 10 — Duration and Amendment
10.1 The Covenants, Conditions, and Restrictions herein contained shall run with said Property and shall be binding and in force and effect until December 31, 2030, for the mutual benefit of all the Lots in said Property.
10.2 At any time prior to December 31, 2030, seventy-five percent (75%) or more of
the Members of record in said Property, subject to this Declaration may extend the term during which said Covenants, Conditions, and Restrictions shall bind and affect said Property to December 31, 2050, by executing and acknowledging an instrument in writing to that effect which shall be duly recorded with the County Clerk of Columbia and Clatsop Counties, State of Oregon. Lots owned by the Association are not included in voting or membership percentage determinations.
10.3 Seventy-five percent (75%) or more of the total Members of record of Lots in said Property may, at any time, modify, amend, cancel or annul, with respect to all of said Property, all or any of the Covenants, Conditions, and Restrictions contained in this Declaration and any supplement or amendment thereto by instrument in writing signed by said Members and acknowledged by them so as to entitle it to be recorded in the office of the County Clerk of Columbia and Clatsop Counties, State of Oregon. Lots owned by the Association are not included in voting or membership percentage determinations.
10.4 The easements and reservations herein contained shall be perpetual unless released by the Association grantor and/or those persons or corporations to whom such rights have been assigned and conveyed as herein provided.
Article 11 — Enforcement
11.1 The Association and the Owners within the Property or any mortgagee on any Lot shall have the right to enforce all of the Covenants, Conditions, and Restrictions, easements, liens and charges now or hereinafter imposed by any of the provisions of this Declaration as may appertain specifically to such parties or Owners by any proceeding at law or in equity. Failure by either the Association or by any Owner or mortgagee to enforce any Restriction herein contained shall in no event be deemed a waiver of their right to do so thereafter. In the event suit or action is commenced to enforce the terms and provisions of this Declaration, the prevailing party shall be entitled to its attorney fees and costs in such suit or action to be fixed by the trial court, and in the event of an appeal, the cost of the appeal, together with reasonable attorney fees, to be set by the appellate court. In addition thereto, the Association shall be entitled to its reasonable attorney fees incurred in any enforcement activity taken to collect delinquent assessments, whether or not suit or action is filed.
11.2 The violation or breach of any of the Covenants, Conditions, and Restrictions contained herein shall give the Association and/or any Owner of Lot(s) in said Property the right to prosecute a proceeding at law or in equity against the person or persons who have violated or are attempting to violate any of the Covenants, Conditions, and Restrictions and to prevent or enjoin them from so doing, to cause said violation to be remedied, or to recover damages for said violation.
11.3 The result of every act or omission whereby any Covenant, Condition or Restriction herein contained is violated, in whole or in part, is hereby declared to be and shall constitute a nuisance and every remedy allowed by law or in equity against an Owner shall be applicable against every such result and may be exercised by the Association and/or the Owner of any Lot in said Property.
11.4 The Board of Trustees may adopt and publish to the members of the Fishhawk Lake Recreation Club, Inc. a schedule setting forth liquidated damages for specific violations of provisions of these Covenants, Conditions, and Restrictions and of any violations of Rules and
Regulations adopted pursuant to these Covenants, Conditions, and Restrictions. If any violation of the above provisions occurs, then the members the Board of Trustees may bring an action at law as a small claim against the Lot Owner responsible for such violation.
11.5 The remedies contained and set forth in this Article shall be cumulative and not exclusive.
11.6 The lien, with respect to any assessment provided for herein, shall be prior to any homestead exemption and all other liens and encumbrances on a Lot, except a first mortgage of record, a lien for real estate taxes and other governmental assessments or charges. Sale or transfer of any Lot shall not affect the assessment lien.
Article 12 — Miscellaneous
12.1 Any or all rights, powers and reservations contained in these Covenants, Conditions, and Restrictions as the same exist or may hereafter be amended may be transferred by Fishhawk Lake Recreation Club, Inc., to another corporation or entity organized for the purpose of accepting or assuming part of such duties. Such assignment shall only occur on a vote of a majority of the Members. The Board of Trustees may not vote for Lots owned by the Association.
12.2 The provisions contained in this Declaration shall bind and inure to the benefit of and be enforceable by the Association and the Owner of any Lot in said Property, or their legal representatives, heirs, successors and assigns.
IN WITNESS WHEREOF, The Association herein has caused its name to be hereunto subscribed by its duly authorized agents the day and year first above written.
FISHHAWK LAKE RECREATION CLUB, INC.
President, Fishhawk Lake Recreation Club, Inc.
Secretary, Fishhawk Lake Recreation Club, Inc.
STATE OF OREGON )
County of Clatsop )
This instrument was acknowledged before me on ____________________, 2004 by
___________________________ as President of Fishhawk Lake Recreation Club, Inc.
NOTARY PUBLIC FOR OREGON
STATE OF OREGON )
County of Clatsop )
This instrument was acknowledged before me on ____________________, 2004 by
____________________________ as Secretary for Fishhawk Lake Recreation Club, Inc.
NOTARY PUBLIC FOR OREGON
FISHHAWK LAKE RECREATION CLUB, INC.
FINES FOR VIOLATIONS OF BYLAWS, CC&RS, AND RULES AND REGULATIONS
7 Violationsof the FLRC Bylaws, CC&Rs, or Rules and Regulations must be reported tothe Board in writing and be signed by the reporting Member. The Board may also take action on itsown motion to pursue violations.
8 TheBoard is responsible for sending a certified letter of notification to theMember responsible for the violation requiring them to correct theviolation, if possible, within a stated time frame or be levied a finebased on the following “Schedule of Fines.” If the
violation is not corrected within the stated timeframe or is impossible to correct, then the appropriate fine from the Schedulewill be levied. A Member mayappeal a fine to the Board within 45 days of receiving the certifiedletter.
A member builds a dock withoutobtaining approval from the Architectural Committee.
The Board sends the member acertified letter advising him that he/she is in violation of the CC&Rs and thathe/ she must obtain approval for the dock from the Architectural Committee by a specified dateor be fined ata rate of $25 per day from that date forward until approval is obtained. If the Member refuses to or cannot obtainapproval from the Architectural Committee within the specified time period,then they will be fined at a rate of $25 a day from that date until the dock isremoved. The member may appeal the fineto the Board within 45 days of receipt of the notification letter.
9 Non-paymentof a fine within 90 days from the notice may result in legal actionagainst the violator, and/or a lien being placed against the violator’sproperty.
10 Apermanent copy of all letters of notification will be maintained in theFLRC office.
SCHEDULE OF FINES
COVENANTS, CONDITIONS, AND RESTRICTIONS
4.1 Failure to submit plans andspecifications to the Architectural Committee
according to the CC&Rs: $200 per incident.
4.1.3 Failureto obtain approval from the Architectural Committee for new exterior
paint color: $25 per day inviolation.
4.1.4 Removalof evergreen trees eight inches or greater in diameter without
Architectural Committee approval: $500 per tree.
Topping of evergreen trees withoutArchitectural Committee approval: $100per
4.1.5Bulldozing or grading which seriously changes the slope or contour of the land
without theapproval of the Architectural Review Committee and without contacting the LakeManager: $500
Connecting to the water or sewer lineswithout contacting the Lake Manager:
Failure toclean up and dispose of construction debris within 30 days of written warning: $25 per day in violation.
5.1 Short-term rental (less than one year): $25per day in violation
5.6 Using a shed, tent, canopy garage, mobile,home, manufactured home,
Recreational vehicle, or Outbuilding as a permanent residenceexcept during a
Maximumof ten months while constructing a permanent residence: $25 per day
Using a tent, canopy, or recreational vehiclein excess of 60 days a year for
weekend or vacation occupancy on a Lot: $25 per day in violation.
Storing a tent, canopy, orrecreational vehicle on a Lot: $25 perday in violation.
Using a tent or canopy forstorage on a Lot: $25 per day in violation.
10.8 Failure to remove a building or structuremoved onto Lot without the approval of
the Architectural Committee: $50 per day inviolation.
10.9 Failure to removea “For Sale” sign on the Lake side of the property: $10 per day in violation.
Failure toremove a “For Sale” sign if the property is not actively offered for sale: $10per day in violation.
Failure toremove a “Garage Sale” sign within seven days of the sale: $10 per day inviolation.
Failure toremove a political sign within seven days of the election: $10 per day inviolation.
Failure toremove any unapproved sign: $10 per day in violation.
10.10 Failure to remove a fence or hedge erectedwithout the approval of the Architectural Committee: $25 per day in violation.
5.10 Failure toshield exterior lighting to the Lot on which it is installed: $10 per day
8.1 Failure to remove a dock erected without the approval of the Architectural
Committee: $25 per day in violation.
8.2 Failure to complete the exteriorconstruction of a Building or Structure within
10 months unless given an extension by the ArchitecturalCommittee. $50 per
day in violation.
a. Failureof an Owner to keep his Lot free of and clear of tall grass, weeds, andrubbish: $50 per occurrence in additionto the cost of the Association performing the work.
1.4 Launching unwashed boats from outsideFishhawk Lake into the Lake: $200.
5.11 Trapping of other than vermin (mice, voles,shrews, and rats): $200 per incident.
Live trapping for purposes of relocation is allowedwith a valid permit from
Oregon Fish and Wildlife.
5.12 Discharge firearms, air rifles, CO2 guns,bows and arrows, slingshots, blowguns, or other potential dangerousprojectiles: $100 per incident.
5.13 Application ofherbicides, pesticides, or non-organic fertilizer within 50 feet of theLake: $25 per incident.
2.1 Keepingfarm animals on a Lot: $25 per day inviolation.
Breeding domesticanimals for commercial purposes: $25per day in violation.
6.1 Storingvehicles in disrepair outside: $25 perday in violation