Draft

 

 

 

Amended Declaration of Restrictions

For

White Horse Park Subdivision

 

 

The residents of White Horse Park Subdivision (See Legal description in appendix A) have agreed to the following restrictive covenants.  These covenants will replace all previously recorded covenants.  They are recorded       ,2009 in        of  Maps, Page     , Records of Coconino County, Arizona.

 

Free Use of the Land Section

 

We concur with the original vision of White Horse Park as a residential community.  We also strongly believe in the concept of “free use of the land” for individual owners.  Therefore we will adhere to Coconino County Use and Construction Guidelines and will not impose any additional restrictions on individual owners.

 

Road Management Organization Section

 

It is our objective to have Freedline Drive as an accessible, well maintained private road for the exclusive use of our community.  We believe this will provide our owners with greater enjoyment of their property and enhance their property values.

 

To meet that objective we are forming a Road Management Organization.  (RMO).  The RMO will operate on a non-profit basis and will conform to the minimum state requirements of a Road Association.  The RMO will be responsible for:

 

  1. Maintenance and Improvement of Freedline Drive
  2. Maintenance and Improvement of the White Horse Park “Road Right of Way”
  3. Providing a level of year round access
  4. Contracting with Government or Private agencies to obtain access and services
  5. Financial management of the RMO including budgeting, assessments, payments and insurance.

 

Freedline Drive.  The RMO will prepare and implement an annual budget and plan for required maintenance and desired improvements for Freedline Drive and, to the extent required/allowed, forest service roads 151 and 418.  The RMO will identify reasonable standards and attempt to provide safe access for our owners and their guests.  HOWEVER, EVERY RESIDENT IS RESPONSIBLE FOR THEIR OWN SAFETY AND SHOULD NOT USE THE ROAD IF THEY FEEL IT IS UNSAFE.

 

Road Right of Way.  The “Road Right of Way” in White Horse Park is defined in the community’s plat map.  (Essentially this is a 50 foot easement including the current Freedline Drive).  The RMO will make and implement an annual plan for the maintenance and improvement of the Right of Way.  (Vegetation management, trash pickup etc).  Although it is the intent of the RMO to provide minimum trash capability (one trash container and pickup once a month for trash or debris in the right of way) individual owners may, on a volunteer basis, sign up to use the container for personal trash.  (Individuals may sign up for either the summer or year round).  Fees will be set for this service to cover the additional trash removal costs.  IF AN OWNER DOES NOT SIGN UP FOR PERSONAL TRASH REMOVAL THERE WILL BE NO ADDITIONAL CHARGE.

 

Year Round Access.  We believe our residents will benefit form having some level of motor vehicle access to their property on a year round basis.  This effort would support a day trip for winter maintenance, recreational access, or even year round living.  The RMO will obtain appropriate permits and work with an independent snow removal group (currently a small group of owners) to provide winter access on a strictly non-profit basis. 

 

The RMO will provide a minimum amount of money (see section on assessments) to support “Winter Maintenance Trips” for individual owners.  (This will allow owners to visit their property once or twice a winter to inspect their property, check batteries, repair winter damage etc).  The snow removal group will establish two levels of fees for all other winter access.  (Recreational access of less than 25% of the time and full time access)  IF AN OWNER DOES NOT WANT MORE THAN MINIMAL MAINTENANCE ACCESS THERE WILL BE NO ADDITIONAL CHARGE.

 

This program does not guarantee access on any individual day.  Depending on snow conditions and equipment or operator availability there will be periods of time when access is either partial or unavailable.  There is also some possibility the Snow Removal Group is not able to financially operate for an entire winter. (Not enough owners to fully support fulltime or recreational access)   In that event owners will be notified and a portion of the assessment will be returned to the RMO for road maintenance.

 

Contracting.  The RMO will contract with vendors and Government agencies as needed to support their responsibilities.  Details on assessments and other financial management are included in the Administration Section.

 

Administration Section

 

Assessments.  It is our intent to try and keep annual assessments at a level that will not provide an undue hardship on individual owners.  The initial limit will be a MAXIMUM of $250 per owner. The actual amount will depend on the annual RMO plans.  Assessments can only be changed with a majority vote of our owners.  (See voting section)  It is anticipated that the majority of annual assessment will be utilized for road maintenance and improvement, however, some portion of the assessment will cover winter “minimum maintenance access, insurance, administration costs and trash coverage.

 

The annual assessment will be communicated to owners by January 31st of each year, and will be due in full by March 31st.  If payment is more than 2 months late an additional fee of $50 will be added to the assessment, and interest will be charged at the maximum rate allowed by Arizona state law.  If a payment is more than 14 months late a lien will be placed on the owner’s property, and the owner will be charged for the cost of implementing the lien.

 

Owner in Good Standing.  If an owner is not current with all payments they will be considered “not in good standing” and will not be able to vote on amendments to this document or RMO activities.  (Plans, assessments, etc)

 

Multiple Lot Owners.  For the purpose of initially approving this document every lot will have one vote.  (Owners of multiple lots will have multiple votes)  After this document is approved owners of multiple lots may make a “single vote election”.  They can elect to pay only one annual assessment fee and agree to have only one vote on future changes to this document and on RMO activities.  This election must be made in writing within 90 days of the approval of this document.  This is a one time election only.  If ownership changes in the future, the new owner(s) will be required to make an annual assessment payment for each lot and will receive one vote.

 

RMO Management.  The RMO management team will have a minimum of 3 and a maximum of 7 members.  If we have 3 to 7 volunteers we are done.  If we have more than 7 volunteers we will have an election.  The team will decide how best to organize and meet their responsibilities.  The team will meet all minimum requirements established by the State of Arizona for a Road Association.  Each parcel owner(s) may have only 1 representative on the management team at the same time.

 

Voting.  The Management Team will hold an annual meeting to provide information, encourage discussion and to vote on all required issues.  The following criteria must be met with regard to voting.

 

  1. Only owners in good standing may vote
  2. Election of Management Team Members requires only a majority of VOTES RECEIVED.
  3. Changes to the “Free Use of the Land” section of this document require approval of 80% of owners in good standing.
  4. Changes to all other portions of this document require a majority of owners in good standing. 
  5. Changes to the annual assessment fees require a majority of owners in good standing.  If there is a change in the assessment owners will be notified in the manner they elect.  (Email, letter, web site post or phone call) If no election is made it will be assumed they will access the website to obtain notification.  There will not be a requirement to formally change this document with a change in assessments or the distribution of assessments.

 

Legal Section

 

It seems like it is always necessary to have some legal jargon in a document like this so here it is.

 

  1. Invalidation of any provision(s) of these covenants or restrictions by judgment or court order shall in no way effect any other provisions which shall remain in full force and effect.
  2. The foregoing covenants and restrictions run with the land and shall be binding on all subsequent parcel owners of White Horse Park.  Said covenants shall remain in force unless amended per requirements identified in this document.
  3. Deed of conveyance of said property by sale or inheritance shall contain the above restrictive covenants reference in this instrument.
  4. The foregoing is a copy of restrictions, rights, reservations, limitations, conditions, agreements, and covenants as contained in Case 2, Page 213 of Coconino County, Arizona.
  5. If there shall be a violation or threatened or attempted violation of any of these covenants or restrictions the RMO may bring appropriate action in the proper court to restrain or enjoin such threatened or actual violation, and/or to recover all damages, fees, interest or fines as may be determined by the court. 
  6. Failure to enforce any of the restrictions, limitations or covenants shall in no way be construed nor held to be a waiver or consent to any further breach or violation.
  7. Legal description of White Horse Park to be inserted here.