Covenants, Conditions and Restrictions of Meadow Lake Country Club Estates
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF MEADOW LAKE COUNTRY CLUB ESTATES
Note: MLCCE HOA (Meadow Lake Country Club Estates Home Owners Association) is the same entity as MLHOA (Meadow Lake Home Owners Association) and may be referred to as MLHOA throughout this website.
THIS DECLARATION made by PETER E. TRACY, hereinafter referred to as “DECLARANT”.
WHEREAS, the Declarant is the owner of that certain real property in Flathead County, Montana, described in EXHIBIT “A” attached hereto; and,
WHEREAS, the Declarant is the owner of said real property and desires to impose covenants, conditions and restrictions upon said real property for the use and benefit of present and future owners thereof.
NOW, THEREFORE, Declarant hereby declares that all of the real property described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of said real property. These easements, covenants, restrictions and conditions shall run with the real property and shall be binding on all Parties having or acquiring any right:, title or interest in the property or any part thereof and shall inure to the benefit of each owner thereof.
SECTION 1: “Properties” shall mean and refer to that certain real property described on EXHIBIT “A” attached hereto, which is, by this reference, incorporated herein. “Properties” may also mean and refer to additions of real property which may hereafter be acquired, excepting that such reference shall in no way subject such additions of the Protective covenants herein set forth unless a declaration shall specifically make such additions subject to these Protective Covenants.
SECTION 2: “Association” shall mean the Meadow Lake Homeowners Association, its successors and assigns.
SECTION 3: “Owner” shall mean the record owner or contract possession of any lot or of a platted residential lot or contract purchaser of a unit located on a designated multi-family residential lot which is part of the properties.
SECTION 4: “The Property” shall mean the real property described in Article I, Paragraph 1 above.
SECTION 5: “Common Areas” shall mean all real property owned by the Association and designated herein to be for the common use and enjoyment of the residents of Meadow Lake and their guests.
SECTION 6: “Condominium Lot Open Space” shall mean the portion of a condominium lot not occupied by a structure.
SECTION 7: “Condominium Unit” shall mean a unit subject to individual fee ownership in a multi-unit structure, combined with common ownership of common areas of the structure and land.
SECTION 8: “Zero Lot Line Development” shall mean a residential development with no side yards required.
SECTION 9: “Townhouse Development” shall mean dwelling units sharing at least one wall – specifically lots 1T through 16 T on the official plat filed for Meadow Lake Country Club Estates Phase II with Flathead County.
In addition “Townhouse Development” shall mean dwelling units sharing at least on wall – specifically lots 17T through 40T on the official plat filed for Meadow Lake Country Club Estates Phase IV with Flathead County and lots 41T through 88T on the official plat filed for Meadow Lake Country Club Estate Phase VII.
SECTION 10: “R Lot Development” shall mean those twenty two (22) lots, designated 8R through and including lot 29R on the PLAN OF MEADOW LAKE COUNTRY CLUB ESTATES PHASE V and nine (9) lots, designated 30R through and including 38R on the PLAN OF MEADOW LAKE COUNTRY CLUB ESTATES PHASE VIIA
PURPOSE: The property is subject to covenants, conditions and restrictions hereby declared to insure, protect and preserve the character and quality of the property as developed; to promote the appreciation of the value of the property; to preserve so far as is practicable the natural and improved beauty of said property; to guard against the erection thereon of, structures built of improper or unsuitable material; to insure the continued highest and best development of said property; to encourage and secure the erection of attractive improvements thereon; to adequately provide for a high quality of improvements on said property
SECTION 1: Construction. All proposed construction shall first be reviewed and approved pursuant to the provisions of Article V as set forth below.
SECTION 2: Maintenance. Each structure and the grounds surrounding it shall be maintained in accordance with the design and plans approved as provided in Article V and in such a manner as to present an attractive, well kept appearance. The Association shall have the right to perform maintenance neglected by an owner at the expense of the owner after reasonable notice.
SECTION 3: Vehicles. Recreational vehicles, heavy trucks, utility trailers, boats and boat trailers, and unlicensed or inoperable vehicles shall not be stored outside or allowed to remain along roadways on the property, but may be kept on the property if placed in a garage or other structure where they are screened from view.
SECTION 4: Animals. No animals of any kind shall be raised, bred or kept on the property excepting that dogs, cats and other domestic animals not in excess of two (2) may be kept and raised, but not for commercial purposes. Permitted animals must be confined to a leash by their owner and not permitted to run at large.
SECTION 5: Garbage. No common property shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be kept in covered, reasonably airtight containers in a garage or other screened area.
SECTION 6: Trees. Trees may be removed only with approva1 of the Architectural Review Board. [See Article V]
SECTION 7: Common Area. The Common Area shall be controlled and maintained by the Association, provided that all or any part of said areas may be dedicated or transferred to an appropriate public authority.
SECTION 8: Signs. Except for the Declarant and its agent, no signs shall be placed on any common area or any lot except name plates.
SECTION 9: Nuisances. No noxious or offensive activity shall be carried on or permitted on the property, nor shall anything be done thereof which is or may become a nuisance to the neighborhood. By way of illustration and not of limitation, the discharge of firearms and driving of motorcycles or snowmobiles on the Common Area shall be a nuisance within the meaning hereof.
SECTION 10: Burning. Open fires are prohibited on the property. Outdoor barbeques are not an open fire within the meaning hereof.
SECTION 11: Earth Station Dish Antennas: No ground-mounted and/or building mounted earth station dish antennas [T.V. dish antennas] shall be allowed, except one now in existence for use at the Meadow Lake Country Club Lounge and one which may be installed by Developer or his agent to provide a commercial service to the subdivision as a whole.
SECTION 12: With respect to the “R Lot Development”, there shall be no further subdivision of the land from that set forth on the PLAT OF MEADOW LAKE COUNTRY CLUB ESTATES PHASE V. In addition, with respect to the “R Lot Development”, there shall be no construction of any structure other than single family homes except that a guest house may be allowed by Architectural Review Board. Lastly, with respect to the “R Lot Development”, there shall be no rentals of a shorter duration than 30 days.
The provisions of this section, and this section alone, may be amended by a positive vote of 16 of the 22 lot owners in this “R Lot Development”.
SECTION 12(A) With respect to the lots 30R through and including 38R of Meadow Lake Country Club Estates Phase VIIA, there shall be no further subdivision on the land from that set forth on the PLAT OF MEADOW LAKE .COUNTRY CLUB ESTATES PHASE VIIA. In addition, with respect to Meadow Lake Country Club Estates Phase VIIA, there shall be no construction of any structure other than single family homes except that a guest house may be allow by Architectural Review Board. Lastly, with respect to Meadow Lake Country Club Estates Phase VIIA, there shall be no rentals of a shorter duration than 30 days.
The provisions of this section, and this section alone, may be amended by a positive vote of 7 of the 9 lot owners in this Meadow Lake Country Club Estates Phase VIIA.
SECTION 13: Garnier Creek Building Set Backs: No residential structure shall span Garnier Creek. All structures shall be set back from Garnier Creek at least 35 feet unless a variance to said set back is approved by the Flathead Conservation District and the Montana Department of Fish, Wildlife and Parks.
SECTION 1: Association. The Meadow Lake Homeowners Association will be organized as a non-profit corporation for the entire subdivision and shall have as members the owners as defined herein. Membership shall be appurtenant to and shall not be separated from ownership as defined here in. Members shall participate in the manner prescribed by the Articles and By-Laws of the Association, and resolutions of the Association’s Board of Directors. The Association’s purpose is to own, control, maintain and improve the common area and provided services and facilities to the owners as it may determine. It is anticipated that there will be other homeowner associations formed to deal with multiple family units and ownerships on single lots and which homeowner associations will adopt further covenants and conditions in relationship to such multiple family complexes.
SECTION 2: Property Rights. Every owner shall have a right and easement of enjoyment in and to the Common Area, which shall be appurtenant to and shall pass along with title to every unit subject to the following provisions:
- The right of the Association to charge reasonable admission, service and other fees for the use, care, maintenance and improvement of the common area and the furnishing or providing of water or other facilities and services to the property. This shall include the right of the Association to charge fees to certain unit owners which are for the provision of service not provided to all unit owners so long as the fees charge are uniform as to all units or owners who receive the service or the benefit of the improvement for which the charge is imposed.
- The right of the Association to suspend the use and enjoyment of the common area or facilities and services provided directly or indirectly by it for any period during which any fee or assessment against an owner’s unit remains unpaid, or for the continued violation of the Articles and By-Laws of the Association or the resolutions of the Association’s Board of Directors.
- The right of the Association to dedicate or transfer all or part of the common area to any public agency, authority or utility for such purpose and subject to such conditions as may be agreed to by the Association and such entity.
- Any owner may delegate his right of enjoyment to the Common Area to members of his family, his tenants or contract purchasers who reside in the Owner’s unit.
SECTION 1: Architectural Review Board. The Architectural Review Board shall consist of the Declarant, or its nominee(s), 100% until such time as 100% of the lots have sold, at which time the duties and responsibility of said Board shall be assigned to the Association. However, the Declarant may assign the duties and responsibility of said Board to the Association in writing at any time prior thereto.
SECTION 2: Building Regulations For The Architectural Review Board.
A. Purpose of the Board:
No building construction on either condominium or residential lots at Meadow Lake Country Club Estates is permitted without written approval by the Architectural Review Board. It is the objective of this Board to insure that homes and other buildings constructed at Meadow Lakes Country Club Estates are aesthetically compatible with the landscape and the Master Plan Concept. There is a further objective to insure that all construction is of high quality and meets the existing standards and codes issued by the State of Montana and the City of Columbia Falls. It is a further objective of the Architectural Review Board to carry out the intents and purposes of the Protective Covenants which guide the growth and development of Meadow Lake.
B. Operating Regulations – Architectural Review Board:
1. All applications for construction will be submitted to the Architectural Review Board.
2. All applications must be complete before they can be accepted.
3. All applications must include a blueprint depicting the layout and design of the proposed structure and a site plan showing the location of the structure on the proposed lot.
- Blueprints must be 1/8″ or 1/4″ scale showing complete floor plans and building elevations and submitted in duplicate. Upon approval, the Board will return one set of prints with a signed and dated stamp of approval. These prints are the usual reference of design and dimension where architect, builder and prospective owner are concerned. Therefore, they are the appropriate documents to convey this information to the Architectural Review Board for written approval.
- Should there be question in an owner’s mind about the acceptability of a house plan he is formulating, the Board will give verbal, informal and qualifying observations and recommendations. The Board encourages all Meadow Lake landowners considering home building to carefully read the building regulations and specifications required by the Architectural Review Board prior to making any design or construction commitment. This should enable the owner to decide whether or not to proceed with preparation of the required scale drawings and specification.
- A site plan is required and the same procedure will be followed as in the case of blueprints. The drawing must be at a scale not greater than 1″ 20’0″. On this plan the exact location of house, driveway and parking area, water, sewer and electrical service must be shown. In addition, it should indicate the grade elevation of the top of the foundation in respect to the proposed finish grades and/or existing grades adjacent to that foundation. The plan should also indicate any trees to be cut over 4″ in diameter, other than those necessary for house and driveway construction.
4. The overriding consideration to be made by the Architectural Review Board is whether or not the proposed structure, its landscape and any out-buildings are aesthetically compatible to the landscape and the overall attractiveness of the Meadow Lake community.
5. It is mandatory that all construction work undertaken at Meadow Lake Country Club Estates be in compliance with all existing state and local building codes, plumbing codes and electrical codes.
6. Certain house designs are not aesthetically compatible with the Meadow Lake Master Plan, and therefore the Board will not approve the construction of certain structures at Meadow Lake. In approving applications for home construction at Meadow Lake, the Architectural Review Board must find the following:
(a) That the proposed structure for single family residential lots is located at least 20 feet back from the front line of the lot; 20 feet from the back line of the lot and 15 feet from the side line of the lot;
- That the proposed structure for multi-unit lots is located at least 35 feet from the front line of the lot; 10 feet from the back line of the lot and 15 feet from the side line of the lot; and,
- That the proposed structure for zero lot line zoned lots is located at least 20 feet from the front line of the lot; 10 feet from the back line of the lot, no setback from the designated zero lot-line boundary and 10 feet from the other or remaining side line of the lot; PROVIDED, HOWEVER, variances may be granted therefrom upon cause shown or given to the satisfaction of the Board.
- That the proposed structure for qualifying as part of the “Townhouse Development”, is located at least 20 feet back from the front line of the lot: 10 feet from the back line of the lot, and no setbacks (with a shared wall) for the interior units on lots 2T, 3T, 6T, 7T, 10T, 11T, 14T and 15T. Lots 1T, 4T, 5T, 8T, 9T, 12T, 13T and 16T shall have a 15’ side yard set back on the side not shared with the adjacent townhouse.
- That the proposed structure for qualifying as part of the “Townhouse Development”, is located at least 25 feet back from the front line of the lot: 15 feet from the back line of the lot, and no setbacks (with a shared wall) for the interior units on lots 18T, 19T, 22T, 23T, 26T, 27T, 30T, 31T, 34T, 25T, 38T, AND 29T. Lots 17T, 20T, 21T, 24T, 24T, 28T, 29T, 32T, 33T, 36T, 27T, and 40T shall have a 15’ side yard setback on the side not shared with the adjacent townhouse.
- That the proposed structure for qualifying as part of the “Townhouse Development”, is located at least 25 feet back from the front line of the lot: 15 feet from the back line of the lot, and no setbacks (with a shared wall) for the interior units on lots 42T, 43T, 46T, 47T, 50T, 51T, 54T, 55T, 58T, 59T, 62T, 63T, 66T, 67T, 70T, 71T, 74T, 75T, 78T, 79T, 82T, 83T, 86T, and 87T. Lots 41T, 44T, 45T, 48T, 49T, 52T, 53T, 56T, 57T, 60T, 61T, 64T, 65T, 68T, 69T, 72T, 73T, 76T, 77T, 80T, 81T, 84T, 85T and 88T shall have a 15’ side yard set back on the side not shared with the adjacent townhouse.
(b) That building materials used in the outside construction are not of reflective material.
(c) That all chimneys be properly enclosed in wood, stone masonry or other suitable material approved by the Board.
(d) That driveways, walks and other approaches to the building are aesthetically acceptable to the Board.
(e) That no driveway grade should exceed 15. In extreme hardship cases, the Board will be willing to consider applications with driveway grades in excess of 15.
(f) That no clearing shall be undertaken on the lot until the structure and driveway have been approved by the Architectural Review Board.
(g) That tree cutting and clearing on the lot is restricted to an area of 20 feet from the foundation line of the structure. No further tree cutting of any trees of 4 inches or more in diameter may be undertaken without the written authorization of the Architectural Review Board. All applications for tree cutting are submitted to the Architectural Review Board.
(h) That any trees removed to construct ditches for sewer or water lines must be replaced at the landowner is expense. If the landowner desires, the work will be done by the Association at a cost agreed upon in advance by the landowner and the Association.
(i) That the materials and colors to be used on the roof, siding and trim are acceptable to the Board.
(j) That all exterior lighting is installed in aesthetically acceptable locations and there is no exterior lighting in excess of 175 watts per lamp.
(k) That an approval for construction of a home is given on the condition that the exterior of the home shall be completed within a twelve (12) month period from start of construction. The lot shall be graded as indicated on the plans and specifications and all construction -debris and landscape scars caused by construction be removed or regraded two (2) months after completion of the home. If the home is completed during the winter season, thus precluding immediate exterior landscaping and cleaning, the time may be extended to June 1 following. All exterior work must be complete by that date.
(l) That natural ground areas disturbed during the course of home or driveway construction resulting in a slope condition greater than 1 to 5 ratio, but in no event greater than 1 to 2, shall be sodded, seeded and mulched, paved or otherwise stabilized to prevent erosion within 30 days after occupancy, provided that such occupancy takes place during the period from May 1st through September 1st, otherwise prior to June 1st of the next subsequent year.
(m) That the Architectural Review Board has considered the question of grade height of the foundation and finds this acceptable.
(n) That the landowner must aesthetically landscape the grounds surrounding his house to an extent found acceptable by the Board. Special conditions or individual home sites will require appropriate recommendations by the Board to arrive at a mutually satisfactory arrangement for the owner.
(o) That the landowner and builder do agree to comply with all rules, regulations and recommendations made in advance by the Architectural Review Board.
7. That any fence to be constructed on any lot or portion thereof shall be split-rail fence unless otherwise approved by the Architectural Review Board.
8. That all mail boxes shall be clustered at the various sites as shown and designated on the final plat of said subdivision.
9. All site plans submitted for review shall include installation of culverts at each driveway or access crossing roadside ditches and should comply with the Flathead County Road Department requirements. Culverts should be a minimum of twelve inches (12″) in diameter and be of corrugated metal pipe (CMP). Grades for culvert installation should be sufficient to maintain proper flow in the drainage ditches.
10.The landowners shall not dump grass clippings or in any way disrupt the drainage ditches on or adjacent to their property that would result in inhibiting or impeding storm water flow in said drainage ditch. All drainage ditches located within the established road right-of-ways or easements under the control of the Homeowners’ Association shall be maintained by the Homeowners Association and all costs and expenses incurred by the Homeowners Association in maintaining said drainage ditches shall be assessed against the owners on a prorata basis.
11. The landowner shall, before any construction is commenced on any lot, deposit with the Architectural Review Board a cash bond in the amount of at least $500.00 to a maximum of $1,000.00 as determined by the Architectural Review Board in each individual case, for the purpose of insuring the proper restoration of any road within the subdivision that may be damaged, destroyed or partially destroyed by the use of heavy equipment or trucks in the construction of any improvements to landowner’s lot. Said restorations and repairs shall restore and place in good and safe condition each street or road in the subdivision so used as near as can be to its original condition and to the full satisfaction of the Architectural Review Board. Failure to so do within the time specified by said Board shall cause immediate forfeiture of said bond and the said Board shall be free to thence use said bond to make said restoration and repairs without any accounting to the landowner.
If all of the above standards are met, then the Architectural Review Board is empowered to issue a conditional approval for the construction of the proposed structure on the lot as indicated on the plot plan. A final certificate of occupancy will not be issued until the construction work is completed and the final inspection has been made by the Architectural Review Board to determine if the completed construction work is in compliance with the original plans and specifications.
SECTION 1: Term. The covenants and restrictions of this Declaration shall run with and bind the property for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for two successive periods of ten (10) years each unless the owners of a majority of the residential units execute and record a declaration vetoing any such automatic extension prior to the date on which it would ocur.
This Declaration may be amended at any time by a recorded instrument signed by owners of not less than 75 of the units and upon the written consent of the Board of Flathead County Commissioners.
SECTION 2: Enforcement. The Association, the Architectural Review Board or any owner shall have the right to enforce, by any proceeding at law or in equity, all covenants, conditions and restrictions now or hereafter imposed by the provisions of this Declaration. The method of enforcement may include proceedings to enjoin the violation, to recover damages or both. Failure of the Association, Architectural Review Board or by any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
SECTION 3: Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any of the remaining provisions, which shall remain in full force and effect.
IN WITNESS WHEREOF, the Declarant has executed this Declaration on the 30th day of October, 1985.