Beruflich Dokumente
Kultur Dokumente
OF
Chapter 82 of the Nevada Revised Statutes, adopts the following Articles of Incorporation
ARTICLE 1
NAME
ASSOCIATIOtthe "Association").
ARTICLE II
RESIDENT AGENT
The name and address of the Associations initial resident agent is Woodbury,
Morris & Brown, 701 N. Green Valley Parkway, Suite 125, Henderson, Nevada 89074.
ARTICLE III
The Association isa nonprofft corporation organized for those purposes thatqualify
it as an exempt organization under the Internal Revenue Code of 1986, as amended (the
Covenants, Conditions, and Restrictions for Montara recorded on August 24,2004, in Book
20040824 as Instrument 01751 in the Official Records of the Clark County Recorder (the
'Declaration") and pursuant to the terms thereof and of Chapter 116 of the Nevada
Revised Statutes. Except as provided below, the Association may engage in any lawful
activities incident to such purposes and objectives. Capitalized terms used herein, unless
otherwise defined, shall have the meanings ascribed to such terms in the Declaration.
ARTICLE IV
(2) persons. The initial board of directors shall consist of two (2) directors, and the names
and addresses of the persons who shall serve as directors until the first annual meeting
Name Address
ARTICLE V
LIMITATION ON LIABILITY
No director or officer shall be personally liable to the Association or its Members for
monetary damages for breach of fiduciary duty as a director or officer; provided, however,
that this Article V shall not eliminate or limit the liability of a director or officer for: (a) acts
or omissions that involve intentional misconduct, fraud, or a knowing voIation of law; (b)
2
ARTICLE VI
INDEMNIFICATION
The Association shall indemnify any director or officer for any liability asserted
against such director or officer and for any liability and legal expenses, including attorneys
fees, judgments, fines, and amounts paid in settlement actually and reasonable incurred
by him or her arising out of his of her status or actions as a director or officer if he or she
acted in good faith and in a manner that he or she reasonably believed to be in or not
opposed to the best interests of the Association and had no reasonable cause to believe
ARTICLE VII
AMENDMENT
Board, the consent of sixty-seven percent (67%) of the Members entitled to vote, and such
ARTICLE VIII
INCORPORATORS
Name Address
All powers, duties, and responsibilities of the incorporator shall cease upon the filing of
3
CERTIFICATE OF ACCEPTANCE
OF APPOINTMENT BY RESIDENT AGENT
In the mailer of Montara Homeowners Association, we, Woodbury, Morris & Brown
with address at 701 N. Green Valley Parkway, Suite 125, City of Henderson, County of
Clark, State of Nevada 89074, hereby accept the appointment as Resident Agent of the
W
By:
Rodney S. Woodbury, Esq.
sECTA OF
STATE
V
r
CORPORATE CHARTER
I, DEAN HELLER, the duly elected and qualified Nevada Secretary of State, do hereby
certify that MONTARA HOMEOWNERS ASSOCIATION did on August 27, 2004, file in
this office the original Articles of Incorporation; that said Articles are now on file and of
record in the office of the Secretary of State of the State of Nevada, and further, that said
Articles contain all the provisions required by the law of said State of Nevada.
DEAN HELLER
Secretary of Slate
I
By
Litx, vRjr
Clerk
L A
DEAN HELLER
Secretary of State
20$ North Carson Street
Carson City, Nevada 89701.4299
-O
(775)684 5708
Website: secretaryofstate.biz FILED #
AUG 27 2004
Nonprofit Articles of Incorporation
(PURSUANT TO NS 82)
w i81afl'
Important: Read attached instructions before completing foim. ASOVE SPACe IS FOR OFFPCE USE ONLY
1. Name of Comoraflon:
MONTARA HOMEO\W4ERS ASSOCIATION
2. PATRICIA L. SFIAW
Name
4535 WEST RUSSELL ROAD, SUITE I LAS VEGAS NEVADA 89118
Street Address City State Zip Code
3,
Name
RODNEY S. WOODSURY
insQfPgnio Name Signature
m,rno,eThfl 1O1}. GREEN VALLEY PARXWAY,SU1TE 125 . .
:1-1ENDERSOt . NEVADA 89HZ
uJaawQLalpL Sweet Address City State Zip Coda
6 CertIficate I hereby acce t appointment as Res' nt Agent for Une above named corporation.
Acceotancepf LI ' '2W?/Joy
raernkrrJto Authorized Signature R.A. or On Behal f nA. Company Date /
This form must be accompanied by appropriat fees. See attached fee scheduie. N.vada Sc,eIar ofSiaffi F NRS 82 PTFCLa 2003
Read on 4121/04
BYLAWS
OF
ARTICLE I
GENERAL 1
101 Registered Office 1
102 Principal Office 1
1.03 Other Offices I
1.04 Defined Terms 1
1.05 Powers I
ARTICLE II
MEMBERS .1
2.01 Membership Rights .1
202 Control of Association .2
(a) Voting Rights .2
(b) Declarant Control of Association .2
(c) Composition of the Board .2
(d) Eection of Directors .3
(I) Annua! Elections .3
(ii) Notice of Eligibility: Nominations .3
(iii) Qualifications .3
(iv) Required Disclosure .3
(v) Election Procedure .3
(vi) Director Certification
(vii) Term of Office .4
(e) Removal of Board Members .4
(1) Joint or Common Ownership .5
(g) Proxy Voting .5
(h) Cumulative Voting .5
2.03 Meetings of Members .6
(a) Annual Meeting .6
(b) Special Meetings .6
(c) Place of Meetings .6
(d) Notice .6
(e) Agenda .6
(f) Emergency .7
(g) Quorum .7
(h) Organization .7
(i) Action by Members .7
(j) Owners Right to Record Meetings .8
(k) Minutes .8
2.04 Action By Members Without a Meeting 8
ti I
2.05 Fixing Date for Determination of Members
2.06 Assessments
ARTICLE III
BOARD OF DiRECTORS
.8g
g
3.01 General Powers 9
3.02 Number of Board Members 9
3.03 Board Meetings
(a) Regular Meetings 9
(b) SrecipI MeetinQs 9
(c) Plpce of Meetings 9
(d) Notice to Directors 9
(e) Notice to Members 10
(f) Aciencla 10
(g) Emergency 10
(h) Quorum 11
(I) Organization 11
(I) Quarterly Review ii
(k) Owners Right to Record Meetings 11
(I) Owners' Right to Speak at Meet jg 11
(m) Executive Sessions 11
(n) Minutes 12
3.04 Action by Directors Without a Meeting 13
3.05 Resignations 13
3.06 Vacancies 13
ARTICLE IV
OFFICERS 13
4.01 Officers 13
4.02 Ejection and Term of Office 14
4.03 Agents; Managers 14
4.04 Removal 14
4.05 Resignations 14
4.06 Vacancies 14
4.07 President 14
4.08 Vice President 15
4.09 Secretary 15
4.10 Treasurer 15
4.11 Assistant Officers 16
ARTICLE V
COMMITTEES 16
II
ARTICLE VI
ARTICLE Vii
SEAL 17
ARTICLE VIII
ARTICLE IX
ARTICLE X
MISCELLANEOUS 20
10.01 Execution of Contracts 20
10.02 Attestation 20
10.03 Checks, Drafts 21
10.04 Deposits 21
10.05 Fiscal Year 21
10.06 Severability 21
10.07 Priorities, Inconsistencies 21
ARTICLE XI
AMENDMENTS 21
CERTIFICATE OF SECRETARY 23
UON1 III
BYLAWS
or
MONTARA HOMEOWNERS ASSOCIATION
ARTICLE I
GENERAL
1.01 Registered Office. The registered office of the Association shall be located
at 701 N. Green Valley Pkwy., SLIite 125, Henderson, Nevada 3gQ74
1.02 Principal Office. The principal office of the Association shall be located at
4535 West Russell Road, Suite 1, Las Vegas, Nevada 89118, or such other place as the
Board may from time to time determine,
1.03 Other Offices. The Association may also have offices at such other places
both within and without the State of Nevada as the Board may from trne to time determine
or the business of the Association may require.
1.04 Defined Terms. Capitaflzed terms used herein, unless otherMse defined
herein, shall have the meanings ascribed to such terms in the Declaration of Covenants,
Conditions, and Restrictions for Montara, Recorded or to be Recorded in the Office of the
Clark County Recorder and applicable to the Development (the 'Dec(aration").
1.05 Powers. The Association shall have all of the powers of a nonstock,
nonprofit corporation organized under the laws of the State of Nevada in operating for the
benefit of ts members, including, without limitation, all of the powers set forth in NRS
1163102, subject only to such limitations upon the exercise of such powers as are
expressly set forth ri the Articles, these Bylaws, and the Declaration. It shall have the
power to do any and all lawful things that may be authorized, required, or permitted to be
done under and by virtue of the Declaration and to do and perform any and all acts that
may be necessary or proper for or incidental to the exercise of any of the express powers
of the Association for the peace, health, comfort, safety, or general welfare of the Owners.
ARTICLE II
MEWBERS
(a) Voting Rights. Subject to subsections (b) and (c) below, Members
shall be entitled to one (1) vote per Lot. Only votes cast in person, by secret ballot, or by
proxy may be counted. If any votes are allocated to a Lot that is owned by the Association,
those votes may not be cast, by proxy or otherwise, for any purpose.
(ii) five (5) years after the Declarant has ceased to offer Lots for
sale in the ordinary course of its business; or
(ui) five (5) years after any right to annex new Lots was last
exercised by Declarant.
The Declarant may, but is not obligated to, voluntarHy surrender the right to appoint
and remove officers and Board members as provided herein before the termination period
set forth above, provided that the Declarant may require that specified actions of the
Association orthe Board may require Declarant approval priorto becoming effective. Such
surrender of rights shall only be by a recorded instrument.
(c) Composition of the Board. Not later than sixty (60) days after
conveyance by Declarant of twenty-five percent (25%) of the Lots that may be created
within the Property to Owners other than Declarant, at least one (1) member of the Board
and not less than twenty-five percent (25%) of the members of the Board must be elected
by Owners other than Declarani. Not later than sixty (60) days after conveyance by
Declarant of fifty percent (50%) of the Lots that may be created within the Property to
Owners other than Declarant, not less than thirty-three and one-third percent (33-1/3%) of
the members of the Board must be elected by Owners other than the Declarant. Upon
2
expiration of the Declarant control period set forth in subsection (b) above, the Owners
shall elect the Soard, which shall consist of at least three (3) members, at least a majority
of whom must be Owners.
(ii) Notice of Ehgibiliy; Nominations. Not less than thirty (30) days
before the preparation of any ballot for the ejection of any member of the Board, the
Secretary of the Association shaH cause notice to be given to each Owner of his or her
eligibility to serve as a member of the Board. Each Owner who is qualified to serve as a
member of the Board may have his or her name placed on the ballot along with the names
of the nominees selected by the members of the Board or by the nominating committee
established by the Association.
H:.RSII1ItP,.,O,, 3
counted at a meeting of the Association. A quorum is not required to be present when the
secret written ballots are opened and counted at the meeting. The incumbent members
of the Board and each Person whose name is placed on the ballot as a candidate for a
member of the Board may not possess, be given access to, or participate in the opening
or counting of the secret written ballots that are returned to the Association before those
secret written baUots have been opened and counted at a rneetüig of the Association. The
candidates receiving the highest number of votes up to the number of Directors to be
elected shall be elected. Each member of the Board shall take office upon election and
hold office until his or her successor is elected or appointed and qualified.
4
(f) Joint or Common Ownership. If any property interest, ownership of
which entitles the Owner thereof to vote, is held jointly or in common by more than one (1)
Person, the vote or votes to which such property interest's entitled shall also be held jointly
or in common in the same manner. However, the vote or votes for such property interest
shall be cast, fat all, as a unit, and neither fractional votes nor split votes shall be allowed,
In the event joint or common Owners are unable to agree among themselves as to how
their vote or votes shall be cast as a unit, they shall lose the right to cast their vote or votes
on the matter in question. Any joint or common Owner shall be entitled to cast the vote or
votes belonging to the joint or common Owners unless another joint or common Owner
shall have delivered to the Secretary of the Association prior to the time for casting such
vote a wñtten statement to the effect that the Owner wishing to cast the vote or votes has
not been authorized to do so by the other joint or common Owner or Owners.
5
2.03 Meetings of Members.
(a) Annual Meeting. The Association shall hold an annual meeting of the
Members. The annual meeting of the Members shall be held on orabout one (1) year after
the date of the last annual meeting. If the Members have not held a meeting for one (1)
year, a meeting of the Members must be held in accordance with the Act.
(d) Notice. Not less than ten (10) days (twenty-one (21) days in the event
of a meeting at which an Assessment for a capital improvement or commencement of a
civU action is to be considered or action is to be taken on such an Assessment) nor more
than sixty (60) days in advance of each meeting of the Members, the Secretary shall cause
notice of the meeting to be hand-derivered, sent prepaid by United States mail to the
mailing address of each Lot or to any other mailing address designated in writing by the
Lot Owner, or if the Association offers to send notice by electronic mail, sent by electronic
mail at the request of the Owner to an e'ectronic mafl address designated in writing by the
Owner. The notice of the meeting must state the time and place of the meeting and
include a copy of the agenda for the meeting. The notice must also include notification of
the right of an Owner: (i) to have a copy of the minutes or a summary of the minutes of the
meeting provided to the Owner upon request and, if required by the Board, upon payment
to the Association of the cost of providing the copy to the Owner: and (ii) to speak to the
Association or the Board, unless the Board is meeting in executive session.
(e) Anenda. The agenda for every meeting of the Owners must consist
of: (i) a clear and complete statement of the topics scheduled to be considered during the
meeting, including, without limitation, any proposed amendment to the Declaration or
Bylaws, any fees or Assessments to be imposed or increased by the Association, any
budgetary changes, and any proposal to remove an officer of the Association or member
of the Board; (ii) a list describing the items on which action may be taken and clearly
denoting that action may be taken on those items; and (iii) a period devoted to comments
by Owners and discussion of those comments. In an Emergency (as hereinafter defined),
the Owners may take action on an tern which is not isted on the agenda. Except in
Emergencies, no action may be taken upon a matter raised during the owner comment
period until the matter itself has been specificafly included on an agenda as an item upon
which action may be taken.
II:RSWM 9ClM"lk 6
(1) Ernerciency. As used in this Section 203, 'Emergency" means any
occurrence or combination of occurrences that: (I) could not have been reasonably
foreseen: (ii) affects the health, welfare, and safety of the Owners; (iii) requires the
immediate attention of, and possible action by, the Board; and (iv) makes It impracticable
to comply with the notice provisions of this Section.
7
U) Owners' Right to RecQrd Meetings. An Owner may record on
audiotape or any other means of Sound reproduction a meeting of the Owners if the
Owner, before recording the meeting, provides notice of his intent to record the meeting
to the other Owners who are in attendance at the meeting.
2.05 FixIng Date for Determination of Members. In order that the Association
may determine the Members entitled to notice of and to vote at any meeting of Members
or any adjournment thereof, or to express consent to corporate action in writing without a
meeting, or for the purpose of any other Iawfu action, the Board may fix in advance a
record date, which shall not be more than sixty (60) nor less than ten (10) days (twenty-one
(21) days in the event of a meeting at which an Assessment for a capital improvement or
commencement of a civil action is to be considered or action is to be taken on such an
Assessment) prior to the date of such meeting or such action, as the case may be. If the
Board has not fixed a record date for determining the Members entitled to notice of and to
vote at a meeting of Members, the record date shall be at close of business on the day
next preceding the day on which notice is given, or if notice is waived, on the close of
business on the day next preceding the day on which the meeting is held. If the Board has
not fixed a record date for determining the Members entitled to express consent to action
in writing without a meeting, when no prior action bythe Board is necessarythe record date
shall be the day on which the first written consent is expressed by any Member. If the
Board has not fixed a record date for determining Members for any other purpose, the
record date shalt be at the close of business on the day on which the Board adapts the
8
resolution relating thereto. A determinalion of Members of record entitled to notice of or
to vote at a meeting of Members shall apply to any adjournment of the meeting; provided,
however, that the Board may fix a new record date for the adjourned meeting.
ARTICLE Ill
BOARD OF DIRECTORS
3.01 General Powers. The business and affairs of the Association shall be
managed by the Board.
3.02 Number of Board Members. The Board shall consist of not less than two
(2) nor more than five(S) members, the numberthereof to be determined from time to time
by the Board. Upon expiration of the Declararit control period, the Board shall consist of
at least three (3) members, at east a majority of whom must be Owners.
(c) Place of Meetings. The Board may hold its meetings at such place or
places as it may from time to time by resolution determine or as shall be designated in any
notices or waivers of notice thereof. Any such meeting, whether regular or special, may
be held by conference telephone or sirnilarcommunications equipment by means of which
all persons participating in the meeting can hear each other, and participation in a meeting
in such manner shall constitute presence in person at such meeting.
I,.,!1MflNRE31],l.I 9
meeting is to be held. The notice shall state the time and place of such meeting, but need
not state the purposes thereof. A written waiver of notice, whether given before or after
the meeting to which it relates, shall be equivalent to the giving of notice of such meeting
to the Director or Directors signing such waiver. Attendance of a Director at a Board
meeting shall constitute a waiver of notice of such meeting, except when he or she attends
the meeting for the express purpose of objecting to the transaction of any business
because the meeting is not lawfully called or convened.
(I) AQenda, The agenda for every meeting of the Board must consist of:
(i) a clear and complete statement of the topics scheduled to be considered during the
meeting, Including, without limitation, any proposed amendmentto the Declaration orthese
Bylaws, any fees or Assessments to be imposed or increased by the Association, any
budgetary changes, and any proposal to remove an officer of the Association or member
of the Board; (U) a list describing the items on which action may be taken and clearly
denoting that action may be taken on those items; and (iii) a period devoted to comments
by Owners and discussion of those comments. The period required to be devoted to
comments by Owners and discussion of those comments must be scheduled for the
beginning of the meeting. In an Emergency (as hereinafter defined), the Board may take
action on an item which is not listed on the agenda. Except in Emergencies, no action may
be taken upon a matter raised during the owner comment period until the matter itself has
been specifically included on an agenda as an tern upon which action may be taken.
II'RSW"•MO\O,,,!b'D' MONT 10
foreseen, (ii) affects the heath, welfare, and safety of the Owners, (IU) requires the
immediate attention of, and possible action by, the Board, and (iv) makes it impracticable
to comply with the notice provisions of this Section.
(j) Quarterly Review. At least once every ninety (90) days, the Board
shall review at one of its meetings (i) a current reconciliation of the operating accounts of
the Association, (ii) a current reconciliation of the reserve accounts of the Association, (Ui)
the actual revenues and expenses for the reserve accounts, compared to the budget for
those accounts for the current year, (iv) the atest account statements prepared by the
financial institutions in which the accounts of the Association are maintained, (v) an income
and expense statement, prepared on at least a quarterly basis, for the operating and
reserve accounts of the Association, and (vi) the current status of any civil action or carn
submitted to arbitration or mediation in which the Association is a party.
(m) Eçutive Sessions. The Board may not meet in executive session
to enter into, renew, modify, terminate ortake any other action regarding a contract, unless
12
3.04 Action by Directors Without a Meeting. Any action required or permitted
to be taken at a meeting of the Board may be taken without a meeting, without prior notice
and without a vote, if a consent in writing, setting forth the action so taken, is signed by all
Directors and such consent is filed with the minutes of the proceedings of the Board.
3.05 Resignations. Any Director may resign at any time by giving written notice
of his or her resignation to the Association. Any such resignation shall take effect at the
time specified therein, or if the time when it shall become effective is not specified therein,
it shall take effect immediately upon its receipt by the President or the Secretary, and
unless otherwise specified therein, the acceptance of such resignation shall not be
necessary to make it effective. In addition, any Director, other than a Director appointed
by the Declarant, whose assessments are more than forty-five (45) days delinquent or who
is absent from three (3) consecutive meetings of the Board shall be deemed to have
submitted an immediate resignation. A written resignation shall not be required nor shall
the acceptance of any such resignation be necessary to make it effective. Any Director
who is deemed to resign from the Board due to delinquent assessments or excessive
absences may thereafter only serve on the Board if he or she cures any delinquency,
otherwise meets the requirements of an Owner in good standing, and is re-elected or re-
appointed in accordance with the terms of these Bylaws and the Act.
ARTICLE IV
OFFICERS
4.01 Officers. The Association shall have the following officers: a President, a
Secretary, and a Treasurer. At the discretion of the Board, the Association may also have
one or more Vice Presidents, one or more Assistant Vice Presidents, one or more
Assistant Secretaries, and one or more AssistantTreasurers. Anytwo or more offices may
be held by the same person. An Owner or an employee, partner, manager, member,
director, trustee, beneficiary, fiduciary, officer, or agent of an Owner may be an officer. In
all events where the Person serving as an officer is not the record Owner, the Person shall
file proof in the records of the Association that: (a) states thatthe Person is associated with
13
the Owner; and (b) identifies the Lot(s) owned by the Owner. Unless a Person is appointed
by the Declarant, a Person may not be an officer of the Association if the Person, his or her
spouse, or his or her parent or child, by blood, marriage or adoption, performs the duties
of a community manager for the Association.
4.02 Election and Term of Office. The officers of the Association shall be
elected annually by the Board. Each such officer shall hold office until his or her successor
is duly elected or until his or her earlier death or resignation or removal in the manner
hereinafter provided.
4.04 Removal. Any officer may be removed, with or without cause, at any time
by resolution adopted by a majority of the Board.
4.05 Resignations. Any officer may resign at any time by giving written notice of
his or her resignation to the Board, the President, or the Secretary. Any such resignation
shall take effect at the times specified therein, or if the time when it shall become effective
is not specified therein it shall take effect immediately upon its receipt by the Board, the
President, orthe Secretary, and unless otherwise specified therein, the acceptance of such
resignation shall not be necessary to make it effective.
4.07 President. The President shall be the chief executive officer of the
Association and shall have, subject to the control of the Board, general and active
supervision and direction over the business and affairs of the Association and over its
several officers. The President shall: (a) preside at all meetings of the Members and at
all meetings of the Board; (b) make a report of the state of the business of the Association
at each annual meeting of the Members; (c) see that all orders and resolutions of the
Board ace carried nto effect; (ci) sign, with the Secretary or an AssSstant Secretary, any
14
certificates forthe Association; (e) have the right to sign, execute, and deliver in the name
of the Association all deeds, mortgages, bonds, contracts, or other instruments authorized
by the Board, except in cases where the signing, execution, ordelivery thereof is expressly
delegated by the Board or by these Bylaws to some other officer or agent of the
Association or where any of them are required by law otherwise to be signed, executed,
or delivered; and (f) have the right to cause the corporate seal, if any, to be affixed to any
instrument that requires it. In general, the President shall perform all duties incident to the
office of the President and such other duties as from time to timemay be assigned to him
or her by the Board.
4.08 Vice President. Any Vice Presidents shall have such powers and perform
such duties as the President or the Board may from time to time prescribe and shall
perform such other duties as may be prescribed by these Bylaws. At the request of the
President, or in case of his or her absence or inability to act the Vice President shall
perform the duties of the President and when so acting shalt have all the powers of and be
subject to all the restrictions upon the President.
4.09 Secretary. The Secretary shall: (a) record all the proceedings of the
meetings of the Members, the Board, and any committees, in one or more books kept for
that purpose; (b) see that all notices are duly given in accordance with the provisions of
these Bylaws or as required by law; (c) be the custodian of all contracts, deeds,
documents, all other indicia of title to properties owned by the Association, and of its other
corporate records (except accounting records) and of the corporate seal, if any, and affix
such seal to all documents the execution of which on behalf of the Association under its
seal is duly authorized; (d) sign, with the President or a Vice President, certificates for the
Association; (e) have charge of the membership records; and (f) see that the books,
reports, statements, certificates, and all other documents and records required by law are
properly kept and filed. In general, the Secretary shall perform afl duties incident to the
office of Secretary and such other duties as from time to time may be assigned to him or
her by the President or the Board.
4.10 Treasurer. If required by the Board, the Treasurer shall give a bond for the
faithful discharge of his or her duties in such sum and with such surety or sureties as the
Board shall determine. The Treasurer shall: (a) have charge and custody of and be
responsible for all funds, securities, notes, and valuable effects of the Association; (b)
receive and give receipt for moneys due and payable to the Association from any sources
whatsoever; (c) deposit all such moneys to the credit of the Association or otherwise as the
Board or the President shall direct in such banks, trust companies, or other depositories
as shall be selected in accordance with the provisions of Section 1004 of these Bylaws;
(d) cause such funds to be disbursed by checks or drafts on the authorized depositories
of the Association signed as provided in Section 10.04 of these Bylaws; (e) be responsible
for the accuracy of the amounts of and cause to be preserved proper vouchers for all
moneys so disbursed; (f) have the right to require from time to time reports or statements
giving such information as he or she may desire with respect to any and all financial
transactions of the Association from the officers or agents transacting the same; (g) render
4.11 Assistant Officers. Any persons elected as assistant officers shall assist
in the performance of the duties of the designated office and such other duties as shall be
assigned to them by any Vice President, the Secretary, or the Treasurer, as the case may
be, or by the Board or the President.
ARTICLE V
COMMITTEES
The Board, by resolution adopted by a majority of the whole Board, may constitute
one (1) or more committees, which shall in each case consist of one (1) or more of the
Directors, and at the discretion of the Board, such officers or other Persons who are not
Directors. The Board may designate one (1) or more Directors, officers, or other Persons
who are not Directors as alternate members of any committee who may replace any absent
or disqualified member at any meeting of the committee. Each such committee shall have
and may exercise such powers as the Board may determine and specify in the respective
resolutions appointing them; provided, however, that unless all of the members of any
committee shall be Directors, such committee shall not have authority to exercise any of
the powers of the Board in the management of the business and affairs of the Association,
A majority of all the members of any such committee may fix its rules of procedure,
determine its action, fix the time and place of its meetings, and specify what notice thereof,
if any, shall be given, unless the Board shall otherwise by resolution provide. Any member
of a committee may resign therefrom at any time by giving written notice of his or her
resignation to the President or the Secretary. Any such resignation shall take effect at the
time specified therein, or if the time when it shall become effective is not specified therein,
it shall take effect immediately upon its receipt by the President or the Secretary, and
unless otherwise specified therein, the acceptance of such resignation shall not be
necessary to make it effective. Any vacancy in a committee shall be filled by the vote of
a majority of the whole Board. The Board, by resolution adopted by a majority of the whole
Board, may, with or without cause, dissolve any committee and, with or without cause,
remove any member thereof.
16
ARTICLE VI
6.02 Opportunity for Hearing. The Board shall set a date, time, and place for
the hearing on any alleged violation of the Declaration, these Bylaws, the Rules and
Regulations or any other governing documents of the Association and shall notify the
Member or other Person who is alleged to have committed the violation in writing of the
date, time, and place set for the hearing. The Board shall meet in executive session to
hold a hearing on an alleged violation of the governing documents of the Association,
unless the Person who may be sanctioned for the alleged violation requests in writing that
the hearing be conducted by the Board at an open meeting. The Person who may be
sanctioned for the alleged violation is entitled to attend the hearing and testify concerning
the alleged violation, but the Person may be excluded by the Board from any other portion
of the hearing, including, without limitation, the deliberations of the Board. Except as
otherwise provided in this Section, no Owner may attend or speak at a meeting of the
Board held in executive session. Except as otherwise provided in this Section, any matter
discussed by the Board when it meets in executive session must be generally noted in the
minutes of the meeting of the Board. The Board shall maintain minutes of any decision
made pursuant to this Section concerning an alleged violation and, upon request, provide
a copy of the decision to the Person who was subject to being sanctioned at the hearing
or to his designated representative.
ARTICLE VII
SEAL
A corporate seal shall not be requisite to the validity of any instrument executed by
or on behalf of the Association. Nevertheless, if in any instance a corporate seal is used,
the same shall be in the form of a circle and shall bear the full name of the Association and
the year and state of incorporation or words and figures of similar import.
17
ARTICLE VIII
8.01 Indemnification. The Association shall indemnify any Person who was or
is a party or is threatened to be made a party to any threatened, pending, or completed
action, suit, or proceeding, whether civil, criminal, administrative, or investigative, by reason
of the fact that the Person is or was a Director, officer, employee, servant, or agent of the
Association against expenses (including attorneys' fees), judgments, fines, and amounts
paid in settlement actuallyand reasonably incurred by such Person in connection wth such
action, sua, or proceeding and undertake all costs of defense, until and un'ess it is proved
that the Person acted with willful or wanton misfeasance or with gross negligence and
provided that the Person acted in good faith and in a manner that the Person reasonably
believed to be in or not opposed to the best interests of the Association, and with respect
to any criminal action or proceeding, had no reasonable cause to believe that its conduct
was unlawful. After such proof that the Person acted with willful or wanton misfeasance
or with gross negligence or that the Person did not act in good faith, did not reasonably
believe its actions were in or not opposed to the best interests of the Association, or had
no reasonable cause to beUeve that its conduct was unlawful, the Association shall no
longer liable for the cost of defense, and may recover costs already expended from the
Person who so acted. The termination of any action, suit, or proceeding by judgment,
order, sett)ernent, conviction, or upon a plea of nob contendere or its equivalent shall not
of itself create a presumption that the Person did not act in good faith or in a manner that
the Person reasonably believed to be in or not opposed to the best interests of the
Association, or with respect to any criminal action or proceeding, had reasonable cause
to believe that the Person's conduct was unlawful. Board members shall not be personally
liable to the victims of crimes that may occur on the Property. Punitive damages may not
be recovered against the Association but may be recovered from Persons whose activity
gave rise to the damages.
18
necessity of any such determination that it has met the applicable standard of conduct set
forth in Section 8.01.
8.04 Insurance. The Board shall purchase and maintain insurance on behalf of
any Person who is or was a Director, officer, employee, servant, or agent of the
Association against any liability asserted against it or incurred by it in any such capacity or
arising out of its status as such, whether or not the Association would have the power to
indemnify it against such liability hereunder or otherwise.
8.05 Other Coverage. The indemnification provided by this Article VIII shall not
be deemed exclusive of any other rights to which anyone seeking indemnification nay be
entitled under the Declaration, any agreement, vote of the Members, vote of disinterested
Directors, Nevada law, or otherwise, both as to action in its official capacity and as to
action in another capacity while holding such office, and may continue as to a Person who
has ceased to be a Director, officer, employee, servant, or agent and may inure to the
benefit of the heirs and personal representatives of such a Person.
ARTICLE IX
19
Board or an officer of the Association if the Person, his or her spouse, or his or her parent
or child, by blood, marriage or adoption, performs the duties of a community manager for
the Association.
ARTICLE X
MISCELLANEOUS
10.02 Attestation. Any Vice President, the Secretary, or any Assistant Secretary
may attest the execution of any instrument or document by the President or any other duly
authorized officer or agent of the Association and may affix the corporate seal, if any, in
20
witness thereof, but neither such attestation nor the affixing of a corporate seal shall be
requisite to the validity of any such document or instrument.
10.03 Checks, Drafts. All checks drafts, orders for the payment of money, bills
of lading, warehouse receipts, obligations, bills of exchange, and insurance certificates
shall be signed or endorsed (except endorsements for collection for the account of the
Association or fordeposit to its credit, which shall be governed by the provisions of Section
10.04) by such officer or officers or agent or agents of the Association and in such manner
as shall from time to time be determined by resolution of the Board.
10.04 Deposits. All funds of the Association not otherwise employed shall be
deposited from time to time to the credit of the Association or otherwise as the Board or
the President shall direct in general or special accounts at such banks, trust companies,
savings and loan associations, or other depositories as the Board may select or as may
be selected by any officer or officers or agent or agents of the Association to whoni power
in that respect has been delegated by the Board. For the purpose of deposit and for the
purpose of collection for the account of the Association, checks, drafts, and other orders
for the payment of money that are payable to the order of the Association may be
endorsed, assigned, and delivered by any officer or agent of the Association. The Board
may make such special rules and regulations with respect to such accounts not
inconsstent with the provisions of these By'aws as it may deem expedient.
10.05 Fiscal Year. The fiscal year of the Association shall correspond with the
caiendar year.
ARTICLE Xl
AMENDMENTS
These Bylaws may be repealed, altered, or amended by the affirmative vote of the
Board and sixty-seven percent (67%) of the Members entitled to vote and such other
persons as required by the Declaration. If any change is made to these Bylaws or any of
the other governing documents of the Association, the Secretary of the Association shall,
within thirty (30) days after the change is made, prepare and cause to be hand-delivered
21
or sent prepaid by United States mail to the mailing address of each Lot or to any other
mailing address designated in writing by the Lot Owner, a copy of the change that was
made.
22
CERTIFICATE OF SECRETARY
DATED this
' day of ic/2tc- '.2004.
Pthricia L. Shaw
23
PUBLIC OFFERING STATEMENT
FOR
MONTARA
Plat Book No. Plat Page No. Recording Date Official Records Book /
Instrument No.
All construction will be undertaken in conformance with the plans and the recorded Maps
as they may be amended from time to time.
7. The Purchase and Sale Agreement. If you elect to purchase a specific Lot
or Lots, a purchase and sale contract will be prepared and an escrow will be opened.
a. The maximum total number of Lots within the Community will be one
hundred five (105). However Declarant makes no warranty or
representation that all one hundred five (105) will be built.
9. Capitalization of Association.
a. Initial Capitalization.
At the close of escrow for the purchase of each Lot from the
Declarant, each purchaser will be required to contribute to the capital
account of the Association the amount of one hundred ten dollars
($11000), which amount is not an advance payment of annual or
monthly assessments but represents an amount equal to one-sixth
(1/6) of the amount of the annual assessment levied by the
Association for the Lot being purchased.
b. Annual Assessment.
13. Special Declarant Rights. The Declarant has the right to maintain sales
offices, management offices, model dwelling units, and signs upon the Common Elements
advertising the Community and individual Lots and such other special declarant's rights as
may be set forth in the Declaration.
14. No obligation. Declarant, in its sole and absolute discretion, may accept or
reject any offer to purchase a Lot. This Public Offering Statement is not, and shall not be
construed to be, an offer by Declarant or any other person for the sale of a Lot.
ws} pd
4
by the association. If the association is not well managed or fails to maintain
adequate reserves to repair, and replace and restore Common Elements, you may
be required to pay large, special assessments to accomplish these tasks.
7. QUESTIONS? Although they may be voluminous, you should take the time to
read and understand the documents that will control your ownership of a property
in a common-interest community. You may wish to ask your real estate
professional, lawyer or other person with experience to explain anything you do not
understand. You may also request assistance from the ombudsman for owners in
common-interest communities, Nevada Real Estate Division, at ((702) 486-4033).
Receipt of this Public Offering Statement with all attached exhibits is hereby
acknowledged this .day of _________________ 200_.
Buyer___________________________
Date_________________
Buyer___________________________
Date_________________
Address_________________________
Time______________
N/C: 0.00
APN: 163-19-803-001 thru 163-19-803-108
[Er ances Ce ne
Clark Coun y ecorder
DECLARATION
OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR
MONTARA
TABLE OF CONTENTS
ARTICLE I.
Recitals
1.01 Real Property
1.02 Planned Community
1.03 Owners Association
1.04 The Development
1.05 Covenants Running With Land
1.06 Declaration .2
ARTICLE II.
Definitions 2
2.01 "Act" 2
2.02 "Annexable Area" 2
2.03 "Architecture Committee" 2
2.04 "Articles" 2
2.05 "Assessment" 2
2.06 "Association" 2
2.07 "Association Property" 2
2.08 "Board" 2
2.09 "Bylaws" 2
2.10 'Common Area" 2
2.11 'Declarant" 3
2.12 'Design Guidelines 3
2.13 "Development' 3
2.14 "Eligible Holder" . 3
2.15 "Improvement" 3
2.16 "Lessee 3
2.17 "Lot 3
2.18 "Member" 3
2.19 "Mortgage" 3
2.20 "NRS" 3
2.21 "Owner' 3
2.22 "Party Wails' 3
2.23 "Perimeter Walls" 3
2.24 "Person 4
2.25 'Property" 4
2.26 "Record. "Recording," or "Recorded" 4
2.27 Residence' 4
2.28 "Rules and Regulations" 4
2.29 Site Development Plan" 4
ARTICLE Ill.
ARTICLE IV.
ARTICLE V.
I.RSWCP\O S,7MON1AP*CC&.7-M,d
ARTICLE VI.
ARTICLE VII.
Architecture Committee 43
7.01 Establishment of Committee 43
7.02 Members of Committee 44
7.03 Architectural Design Guidelines 44
7.04 Landscape Standards 44
7.05 RevIew of Proposed Improvements 45
7.06 Meetings of the Committee 46
7.07 No Waiver of Future Approvals . 46
7.08 Compensation of Members 46
7.09 Inspection of Work 46
7.10 NonliabihtyofComrnittee Members. 47
7.11 Variances 4$
7.12 Ob'igations with Respect to Zoning and Subdivisions 48
7.13 Indemnification of Architecture Committee 48
7.14 Construction Schedules and Penalties 48
)]7MoNTApArc&R 7. lv
ARTICLE VIII.
Mortgagee Provisions 49
8.01 Notices of Action 49
8.02 Special Provision 50
8.03 Other Provisions for First Mortgages 50
8.04 No Priority 51
8.05 Notice to Association 51
8.06 Amendment by Board 51
8.07 AppilcabUity 51
8.08 Failure of Mortgagee to Respond 51
ARTICLE IX.
Annexation 52
901 Annexation of Additional Property by Association 52
9.02 Annexation by Declarant 52
9.03 Procedure for AnnexaUon 52
9.04 Deannexation 52
ARTICLE X.
General Provisions 53
10.01 Term
10.02 Resale of Lots 53
10.03 Lease of Property 53
10.04 Amendment 54
10.05 Enforcement and Nonwaiver 56
10.06 Notices 57
10.07 Construction 57
10.08 State Law 57
10.09 Priorities, Inconsistencies 58
V
DECLARATION
OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR
MONTARA
ARTICLE I.
Recitals
1.01 Real Property. Declarant is the ownerof certain real property located entirely
in Clark County, Nevada, more particularly described in Exhibit "A" attached hereto (the
Property"). The Property shall include any additional real property that may from time to
time be annexed thereto.
1.05 Covenants Running With Land. This Declaration shall runwith the Property
and all parts and parcels thereof and shall be binding on all parties having any right, title,
or interest in the Property and their heirs, successors, successors-in-title, and assigns and
on the Association and all of its successors in interest and shall inure to the benefit of each
ownerormemberthereof. Each of the limitations, easements, uses, obligations, covenants,
conditions, and restrictions imposed hereby shall be deemed to be and construed as equitable
HSwMFCIk,L$w! Wd MONTARMCC&P.7.pP
servitudes enforceable by any of the owners of any portion of the Property subject to this
Declaration against any other owner, tenant, oroccupant of the Property or portion thereof
similarly restricted by this Dedaration.
1.06 Declaration. Declarant hereby declares that all of the Property shall be held,
sold, conveyed, hypothecated, encumbered, leased, rented, used, occupied, and improved
subject to the foiSowing easements, restrictions, covenants, and conditions, which are for
the purpose of protecting the value and desirability of the Property.
ARTICLE II.
Definitions
In addition to the terms elsewhere defined herein, the following terms shall have the
following meanings whenever used in this Declaration.
2.01 "Act" shall mean the Nevada Common Interest OwnershipAct, NRS 116.1101
et seq.
2.02 "Annexable Area" shall mean the real propertydescribed in Exhibit B" hereto.
2.03 "Architecture Committee" shall mean the committee created by Article VII
of this Declaration.
2.04 "Articles" shall mean the articles of incorporation of the Association as may
be amended from time to time.
2.05 "Assessment" shall mean those Assessments set forth in Article V of this
Declaration.
2.07 "Association Property" shall mean alt property, real and personal, owned,
licensed, or leased by the Association, including, without limitation, the Common Area.
2,09 "Bylaws" shall mean the Bylaws of the Association as maybe amended from
time to time.
2.10 "Common Area" shall mean afl rea' property (inchiding tmproven,entsthereto)
designated as common elements on the Site Development Plan (as hereinafter defined)
or any Subdivision Map of the Property, that is now or hereafter owned, licensed, or leased
2.11 "Declarant" shall mean Canyon Desert Homes, LLC, a Nevada limited liability
company, and its successors and assigns.
2.12 "Design Guidelines" shall mean the guidelines adopted by the Architecture
Committee as set forth in Article VII.
2.16 "Lessee" shall mean any Person who rents, leases, or subleases any Lot
from an Owner (as hereinafter defined) or a Person in privity with an Owner.
2.17 "Lot1' shall mean each of the lots, with the exception of the Common Area,
shown on the Site Development Plan or any Subdivision Map of the Property, and all
Improvements erected, constructed, or located thereon.
2.18 "Member' shall mean each of those O'ners who are members of the Association.
2.19 "Mortgage" shall mean a mortgage ordeed of trust that encumbers any Lot
2.21 "Owner" shall mean the record owner, whetherone ormore persons orentities,
of a fee simple title to any Lot including contract sellers but excluding those having such
interest merely as security for the performance of an obligation.
2.22 "PartyWalls" shall mean those walls, otherthan PerimeterWalls (as hereinafter
defined), located anywhere on the Development that form Lot boundaries.
2.23 "Perimeter Walls" shall mean those walls, if any, which are located entirely
on Association Property.
F4
1TARA\CC&k-2- 3
2.24 "Person" shall mean a person, partnership, corporation, trustee, orother legal
entity.
2.25 "Property" shall mean that real property located entirely in Clark County, Nevada,
more particularly described in Exhibit "A" attached hereto. The Property shall include any
additional real property that may from time to time be annexed thereto.
2.26 "Record, "Recording," or "Recorded" shall mean to file, the filing, or filed
of record a legal instrument in the Office of the Recorder of Clark County, Nevada, or such
other place as may be designated as the official location for recording deeds, plats, and
similar documents affecting title to real property in Clark.
2.27 "Residence" shall mean and refer to any dwelling constructed on a Lot in
accordance with all local, state, and federal laws and this Declaration.
2.28 "Rules and Regulations" shall mean the rules and regulations adopted by
the Board pursuant to Section 4.12 of this Declaration.
2.29 "Site Development Plan" shall mean the general plot plan of the Development
attached hereto as Exhibit 'C."
2.30 "Subdivision Map" shall mean that certain Final Map of Grand Canyon
Residential Recorded on March 15,2004, in Book 115 of Plats, Page 0099 (Off cial Records
Book 20040315, Instrument 01275) and any other map(s) or plat(s) of the Development
Recorded or to be Recorded in the Office of the Recorder of Clark County, Nevada.
ARTICLE lit.
3.01 Description of the Property. The Property shall consist of the Lots and the
Common Area.
3.03 Lots.
(a) ReciDrocal Easements. Each Lot and its Ownershall havean easement
and the same is hereby granted by the Declarant over all adjoining parcels for the purpose
of accommodating anyencroachmentdueto engineering errors, errors in original construction,
settlement or shifting of the land, or any other cause; provided, however, that in no event
shall an easement for encroachment be created in favor of an Owner or Owners if the
encroachment dccurred due to construction or alteration by the Owner (except Declarant)
or the negligence or willful misconduct of the Owner. In the event a structure on any Lot
is partially or totally destroyed and then repaired or rebuilt, the Owners of each Lot agree
that minor unintentional encroachments over adjoining Lots not to exceed one (1) foot shall
be permitted and that there shall be easements for the maintenance of the encroachments
so long as they shalt exist.
5
by the Board in its sole and absolute discretion. The foregoing obligation of the Owners
shall include, without limitation, the obligation to irrigate and maintain, at their sole cost and
expense and in accordance with the foregoing standards, any landscaping and other
Improvements located on any portion of the Lots designated on any Subdivision Map as
a Sight Visibility Zone, Sight Visibility Zone Easement, Sight Visibility Restriction Zone, or
the like that are not otherwise maintained by the Association pursuant to Section 4.05(d).
If any Owner shall permit any Residence, Improvements, or the Lot to fall into disrepair or
to become unsafe, unsightly, orunattractive orotherwise violate this Declaration, the Association
shall have the right to seek any remedies at law or in equity it may have. In addition, the
Board shall havethe right, but notthe duty, if such unacceptable maintenance is not corrected
within thirty (30) days of written notice from the Association (or such longer period if reasonably
necessary under the circumstances, provided the owner is diligently performing such
maintenance or repairs), to enterupon such Owners Lot and make such repairs and perform
such maintenance and charge the costs thereof to Owner. Such costs shall be enforced,
including penalty fees and costs, as an Assessment on the Lot pursuant to Article V hereof.
(f) Insurance Obliciations of Owners. Each Owner shall insure the Residence
and Improvements on its Lot against loss ordamage by fire or by any other casualty in an
amount as near as practical to the full replacement value of the Residence and pertinent
Improvements, without deduction for depredation or coinsurance.
w]!t.wntoNTARA\cC&R.1. 6
without limitation, any successorDeclarantwho does not control the Association established
by the initial Declarant.
(c) Common Area Ownership. The Common Area shall be owned by the
Association in fee simple or licensed or leased to the Association for the use, enjoyment,
and convenience of the Owners and shall contain any roadways, walkways, landscaped
areas, recreational areas, parking areas, storage and trash areas, utility easements, all
PerimeterWalls, and all other areas of the Property not a partof the Lots and notdedicated
for public use. Each Lot and its Owner shall have an easement over all of the Common
Area, and such easement is hereby granted, transferred, and conveyed to all Owners by
the Declarantiorthe benefit of the Lots, the Owners, and each of them, and fortheir respective
families, guests, and invitees for all of the foregoing purposes. In furtherance of the establish-
ment of this easement, the individual deeds to the Lots may, but shall not be required to,
set forth the foregoing easements.
(d) Use. Each Member or Lessee who resides on the Property and their
respective families, guests, and invitees who reside with them shall be entitled to use the
Common Area subject to the following:
(ii) the right of the Association to suspend the rights to the use of
any Association Property by any Memberor Lessee and their families, guests, and invitees
for any period during which any Assessment against the Members property remains past
due and unpaid, and after notice and hearing by the Board, the right of the Association to
invoke any remedy set forth in Article V of this Declaration;
(v) such rights to use the Association Property as may have been
granted by the Association to others;
(vHi) the right of Declarant to use the Common Area for sales,
development, and related activities pertaining to the Development.
(iv) place and maintain upon any such area such signs, naticers,
and lights as the Board may deem appropriate lorthe properidentification, use, and regulation
thereof;
(v) remove all papers, debris, and refuse from the Common Area,
wash or sweep paved areas as required, and clean and relamp lighting fixtures as needed;
(vHi) pay all real estate and personal propertytaxes and Assessments
on the Common Area;
(ix) pay all electrical, water, gas sewer, trash collection, telephone.
and other utility charges or fees for services furnished to the Common Area and all water
charges or fees for services furnished to the Lots;
(x) pay for and keep in force at the Associations expense public
liability, casualty, and fire insurance with companies acceptable to the Association in amounts
and with limits of liability required pursuant to any other recorded document affecting the
Property, such insurance to name the Association, the Owners, or both as named insureds;
and
The Board shall be the sole judge as to the appropriate maintenance of all portions of the
Common Area. Nothing herein shall be construed so as to preclude the Association from
delegating its powers set forth above to a manager.
W'IH'']1 MQbflARMCc&R i9 9
(h) Damage and Destruction. In the case of destruction of or damage to
the Association Property by fire or other casualty, the Board shall have the following rights
and privileges.
1
3.05 Special Declarant's Rights. Declarant and its agents shall havethefollowing
rights and privileges, all of which shall terminate immediately upon the sale by Declarant
of the last Lot within the Property:
II
(f) Other Rights. Each of the developmental rights and special declarant's
rights set forth in NRS 116.039 and 116.089.
ARTICLE IV.
2
directors of the Association. The period of Declarant control of the Association terminates
no later than the earlier of:
(ii) five (5) years after the Declarant has ceased to offer Lots for
sale in the ordinary course of its business; or
(UI) five(S) years afterany rightto annex new Lots was last exercised
by Deciarant.
Provided, however, that Declarant may, but is not obligated to, voluntarily surrender
the right to appoint and remove officers and Board members as provided herein before the
termination period setforth above, provided that Declarant may require that specified actions
of the Association orthe Board may require Declarant approval priorto becoming effective.
Such surrender of rights shall only be by a recorded instrument.
(b) Composition of the Board. Not laterthan sixty (60) days afterconveyance
by Declarantof twenty-five percent (25%) of the Lots that may be created within the Property
to Owners other than Declarant, at least one (1) member of the Board and not less than
twenty-five percent (25%) of the members of the Board must be elected by Owners other
than Declarant. Not later than sixty (60) days after conveyance by Declarant of fifty percent
(50%) of the Lots that may be created within the Property to Owners other than Declarant,
not less than thirty-three and one-third percent (33-1)3%) of the members of the Board must
be elected by Owners other than Declarant. Not later than the termination of any period
of Declarant's control, the Ownersshall elect the Board, which shall consist of at least three
(3) members, at least a majority of whom must be Owners.
4.05 Duties of the Association. Subjectto and in accordance with this Declaration,
the Association shall have and perform each of the following duties for the benefit of the
Members of the Association:
(b) Recreation and ODen Space Areas and Common Area. The Association
shall accept, own, operate, and maintain all recreation and open space and Common Area
that may be conveyed, leased, licensed, or otherwise enjoyed by it, together with all
Improvements of whatever kind and forwhatever purpose that may be located in said areas.
The Association shall accept, own, operate, and maintain all other property easements or
rights of use, whether real orpersonal, forwhich the Association, the Members, orthe Property
receive any benefits, whether aesthetic or tangible.
(c) Title to Property Upon Dissolution. The Association shall pay over or
convey, upon dissolution of the Association the assets of the Association to one or more
exempt organizations of the kind described in Section 501(c) of the Internal Revenue Code
of 1986, as amended from time to time.
(e) Payment of Taxes. The Associauon shall pay all real and personal property
taxes and othertaxes and assessments levied upon orwith respectto anyAssociation Property
to the extent that such taxes and assessments are not levied directly upon the Members.
The Association shall have all rights granted by law to contest the legality and the amount
of such taxes and assessments.
15
(f) Insurance. The Association shall, at its sole cost and expense, obtain
and maintain in effect policies of insurance of such kind and in such amounts as the Board,
in its opinion, deems adequate or desirable, but in no event less than that required by law,
including the requirements of NRS 116.3113 and, so long as the Federal National Mortgage
Association (FNMA") or the Government National Mortgage Association ("GNMA") holds
a security interest in a Lot, the requirements of FNMA orGNMA. Without limitingthegenerality
of the preceding sentence, during any time Declarant is the ownerof more than five(S) Lots
such policies of insurance shall include:
The Association shall be deemed trustee of the interests of all Members in all insurance
proceeds and shall, subjecttothe requirements of law, including NRS 116.31133,116.31135
and any successor statutes, have full power to receive, hold, and disburse such proceeds.
16
(g) Architecture Committee. The Board shall appointand remove members
of the Architecture Committee as provided in Article VII hereof and ensure that at all reasonable
times there is available a duly constituted and appointed Architecture Committee.
(h) Enforcement. The Association shall enforce, in its own behalf and on
behalf of all Owners, all of the covenants, conditions, and restrictions setforth in this Declaration
under an irrevocable agency ('Much is hereby granted) coupled with an interest as beneficiary
of said covenants, conditions, and restrictions and as assignee of Declarant. TheAssociation
shall perform all other acts, whether or not anhere expressly authorized, as may be
reasonably necessary to enforce any of the provisions of the Rules and Regulations or the
Design Guidelines.
(j) Annual Financial Review. Within one hundred twenty (120) days of
the end of the Associations fiscal year, the Association shall, at its own cost, conduct an
annual financial review of the accounts of the Association. In addition, the Association may
in the Board's discretion and at its own cost, from time to time commission an independent
certified public accountant to conduct an audit of the accounts of the Association.
17
other than a violation involving a failure to pay an Assessment, forwhich the Board has imposed
a fine, a construction penalty, or any other sanction. The general record: (I) must contain
a general description of the nature of the violation and the type of the sanction imposed,
and if the sanction imposed was a fine or construction penalty, must specify the amount
of the fine or construction penalty; (ii) must not contain the name or address of the Person
against whom the sanction was imposed or any other personal information which may be
used to identify the Person orthe location of the Lot or Residence, if any, that is associated
with the violation; and (Hi) must be maintained in an organized and convenient filing system
or data system that allows an Owner to search and review the general records concerning
violations of the governing documents of the Association. The books, records, and other
papers of the Association must be maintained for at leastten (10) years (otherthan minutes
of Association membership and Board meetings, which must be maintained until the
common-interest community is terminated) or such other period as the Act may from time
to time mandate. The Board shall not require an Owner to pay an amount in excess often
dollars($1 0) perhourto review any books, records, contracts, orotherpapers of the Association
pursuant to the provisions of this subsection.
(I) Financial Records. The Board shall make available for review at the
business office of the Association or some other suitable location in Clark County, Nevada,
the financial statement of the Association, the budgets of the Association, and the study
of the reserves of the Association required to be conducted pursuant to subsection 5.03(b)
of this Declaration. The Board shall provide a copy of any of the records required to be
maintained pursuant to this subsection 4.050) to an Ownerorthe Ombudsman forOwners
in Common-Interest Comrnunitieswithin fourteen (14) days afterreceiving a written request
therefor. The Board may charge a fee to cover the actual costs of preparing a copy, but
notto exceed twenty-five cents ($0.25) per page. The Association shall keep financia! records
sufficiently detailed to enable the Association to comply with NRS I 16.4109 and other provisions
of the Act. All financial and other records of the Association must be maintained and made
availablefor review at the business office of theAssociation orsonieothersuitab!e location
within Clark County, Nevada and made reasonably available foranyOwnerand his authorized
agents to inspect, examine, photocopy, and audit at the Owner's expense.
(m) Other. The Association shall carry out all duties of the Association set
forth in the Rules and Regulations, the Articles, the Bylaws, or other governing documents
of the Association.
4.06 Powers and Authority of the Association. The Association shall have all
of the powers of a nonstock, nonprofit corporation organized under the laws of the State
of Nevada in operating forthe benefit of its members, including, without limitation, all of the
powers setforth in NRS 116.3102, subjectonlyto such limitations upon the exerciseof such
powers as are expressly set forth in the Articles, the Bylaws, or this Declaration. It shall
have the powerto do any and all lawful thingswhich may be authorized, required, or permitted
to be done under and by virtue of this Declaration and to do and perform any and all acts
that may be necessary or properfororincidental to the exercise of anyof the express powers
(b) Civil Actions. Except as otherwise provided in Section 4.08 and this
subsection 4.06(b), the Association maycommence a civil action onlyupon a vote orwritten
agreement of the Members holding at least a majority of the voting poweroftheAssociation.
The Association shall provide written notice to each Owner of a meeting at which
commencement of a civil action is to be considered at least twenty-one (21) days before
the meeting. The provisions of this subsection do not applyto a civil action that is commenced:
(i)to enforce the payment of an Assessment; (U) to enforce the provisions of the Declaration,
Bylaws, or Rules and Regulations; (Ui) to proceed with a counterclaim; or (iv) to protectthe
health, safety and welfare ot the Members. If a civil action is commenced pursuant to this
subsection withoutthe required vote or agreement, the action must be ratified in accordance
with the Act.
19
or contract, the claimant(s) must diligently pursue the Claim underthe warranty orcontract.
The claimant and the Declarant may agree in writing to extend the periods prescribed by
this Declaration and/or NRS Chapter 40.
(d) Easements and Rights-of-Way. The Board shall have the power to
grant and convey to any third party easements, licenses, and rights-of-way, in, on, over,
or under any Common Area conveyed or otherwise transferred to the Association or under
its jurisdiction, subject to the conditions contained in NRS 116.3112.
(e) EmDlovnient of Manager. The Board shall have the power to employ,
bywritten agreement and at its sole cost and expense, the services of a communityrnanager
or management company, subject to the direction and control of the Board, to manage and
carry out the affairs of the Association and to the extent consistentwith the laws of the State
of Nevada and upon such conditions as are otherwise deemed advisable by the Board, to
delegate to the manager any of the powers of the Board orthe officers of the Association.
In no event shall any management agreement be fora term greaterthan one (1) year, except
with the approval of a majority of the Members, and any such agreement shall provide for
termination bythe Association without penaltyon a maximum of thirty (30) dayswritten notice.
Except as otherwise provided in the Act, any Person so appointed must hold eithera permit
to engage in property management pursuant to NRS Chapter 645 or a certificate for the
management of a common-interest community issued by the Real Estate Division of the
Nevada Department of Business and Industry.
(f) Services. The Board shall have the power, by written agreement and
at its sole cost and expense, to provide forand engage the services of others forthe mainte-
nance, protection, and preservation of theAssociation Property, including the Common Area,
such as grounds keepers, painters, plumbers, and such other maintenance personnel, as
the nature and characterof the CommonArea may require and including any such necessary
personnel as the nature and character of any recreational facilities within the Common Area
may require; provided, however, that no contract for such services shall be for a duration
of more than one (1) year, except with the approval of a majority of the Members, and any
such agreement shall provide for termination without penalty on a minimum of ninety (90)
days written notice.
(g) Utilities. The Board shall have the power to contract, use, and pay for
utility services to the Association Property.
(h) Other Pronerty. The Board shall have the power to acquire and hold,
as trustee for the benefit of the Members, tangible and intangible personal property and
to dispose of the same by sale or otherwise.
(i) Mergers. TheAssociation shall have the power, to the extent permitted
by NRS § 116.2121, to participate in mergers and consolidations with other nonprofit
corporations organized for the same purposes as the Association.
20
(j) Dedication. The Board shall have the power to dedicate any of the
Association Propertyto an appropriate public authority for public use, provided that any such
dedication shall complywith MRS 116.3112, and that such dedication is subjectto the existing
easements and rights of use of all of the Members.
(k) Delegation. The Board may delegate any of its powers to any committees,
officers, or employees as it deems necessary and proper.
(m) Maintenance of Entry and Exit Measures. The Board shall have the
power to implement measures regulating entrance and exit at all points of entry and exit
to orfrom the Property, which mayor may not be guarded. The installation ormaintenance
of gates or traffic access devices shall not create any presumption with regard to security
or protection of persons or property either within or adjacent to the Property nor any duty
whatsoeveron the part of the Declarant, theAssociation, ortheirrespective officers, directors,
managers, employees, agents, or contractors to provide such security or protection.
(n) Conveyances. The Board shall have the power to grant and convey
to any Person real property and interests therein, including fee title, leasehold estates,
easements, rights of way, mortgages, and deeds of trust, out of, in, on, over, or under any
Association Property for the purpose of constructing, erecting operating, maintaining, or
repairing thereon, therein or thereunder
Nothing above contained, however, shall be construed to permit use or occupancy of any
land, Improvement, orotherfacility in a waythat would violate applicable zoning oruse and
occupancy restrictions imposed thereon by other provisions of this Declaration or by city,
county, or other applicable public agency.
2I
(o) Legal and Accounting Services. The Board shall have the power, by
written agreement and at its sole cost and expense, to retain and payforlegal and accounting
services necessary orproperin the operation of theAssociation, the operation and management
of the Association Property, the enforcement of the Rules and Regulations, or in the
performance of any other duty, right, power, or authority of the Association.
(p) Association Property Services. The Board shall have the powerto pay
forwater, sewer, garbage removal, electricity, telephone, gas, snow removal, landscaping,
gardening, and all other utilities, services, and maintenance for the Association Property.
(q) Other Areas. The Board shall have the power to maintain and repair
easements, roads, roadways, rights of way, parks parkways, median strips, sidewalks, paths,
trails, ponds, lakes, entry details, entry houses, Perimeter Walls, or other Common Area
whether owned by or eased to the Association and to contribute toward the costof operation
and maintenance of private roads, if any, and any other Improvements or other facilities
owned by or leased or licensed to the Association.
(r) Recreational Facilities. The Board shall have the powerto operate and
maintain any and all types of facilities owned by or leased to the Association for both active
and passive recreation within the Common Area including, but not limited to: swimming pools;
community clubs; picnic areas; parks and playgrounds; trails for hiking and bicycles; lakes
and ponds for swimming, fishing, and other water sports; and other similar and dissimilar
recreati?nal facilities.
(s) OtherServices and Properties. The Board shall have the powerto obtain
and pay for any other property and services and to pay any other taxes or assessments
that the Association or the Board is required to secure or to pay for pursuant to applicable
law, the Rules and Regulations, the Articles, or the Bylaws.
(t) Contracts. The Board shall havethe power, at its sole cost and expense,
to enter into contracts with Declarant and other Persons, on such terms and provisions as
the Board shall determine, to operate and maintain any Common Area and Improvements
thereon orto provide any service to the Property (including, but not limited to, cable television
and laundry facilities).
4.07 Claim Notification and Resolution Procedure. All actions or claims (i) by
the Association against any one (1) or more of Declarant, its builders, general contractors,
subcontractors, suppliers, design professionals, or brokers, or their agents, employees or
representatives (collectively, the Declarant Parties"), (U) by any Owner(s) against any one
(1) or more of the Declarant Parties, or (Ui) by both the Association and any Owner(s) against
any one (1) or more of the Declarant Parties, relating to or arising out of the Development,
the Declaration oranyother Developmentdocuments, the use orcondition of the Development,
orthe design orconstruction of oranycondition on oraffecting the Development, including,
but not limited to, construction defects (as defined in MRS 40.615, as may be amended),
(a) Notice. Any Person (including the Association) with a Claim shall, at
least sixty (60) days prior to initiating any action with respect thereto, notify the Declarant
Parties in writing of the Claim, which writing shall describe in reasonable detail the nature
of the Claim and any proposed remedy (a 'Claim Notice"). Any Claim Notice the subject
matterof which is a construction defect Claim must also strictly complywith all the requirements
of NRS Chapter 40, including, without limitation, those specified in NRS 40.645.
(d) Mediation. If the parties cannot resolve the Claim pursuant to the
procedures described in Section 4.07(b) above, the matter shall be submitted to mediation
pursuantto the mediation procedures adopted bythe American Arbitration Association (MA"),
except as such procedures are modified by the provisions of this Section 4.07(d) or any
successor to the AM or any other entity offering mediation services that is acceptable to
the parties. No person shall serve as a mediator involving any Claim in which the person
has anyfinancial or personal interest in the result of the mediation, except upon written consent
23
of all parties. Prior to accepting any appointment, the prospective mediator shall disclose
anycircunistances likelyto create a presumption of bias orto prevent a promptcommencement
of the mediation process. No litigation or other action shall be commenced against any of
the Declarant Parties without complying with the procedures described in this Section 4.07(d).
In the event that a statute of limitations period would expire prior to the conclusion of any
mediation, any party is permitted to file litigation to promptly seek an orderstayirig the matter
until the mediation process shall be completed. Nothing in this mediation section shall be
interpreted to construe, grant, confer, extend, or modify any of the parties rights under law,
except as otherwise provided in this section.
Wd }SO7 MONTAtA\Cc&p , 4
(e) Arbitration. Should mediation pursuant to Section 4.07(d) above not
be successful in resolving any Claim, such Claim shall be resolved by binding arbitration
in accordance with the Commercial Arbitration Rules of the IMA as modified oras otherwise
provided in this Section 4.07(e). The parties shall cooperate in good faith to attemptto cause
all necessary and appropriate parties to be included in the arbitration proceeding. Subject
to the limitations imposed in this Section 4.07(e), the arbitrator shall have the authority to
try all issues, whether of fact or law.
26
is valid along with a description of the scope of work necessary to cure such Claim and a
resume of such engineer; (4) the estimated cost to repair such Claim; (5) the name and
professional background of the attorney proposed to be retained bythe Association to pursue
such Claim and a description of the relationship between such attorney and member(s) of
the Board of Directors (if any); (6) a description ofthe fee arrangement between such attorney
and the Association; (7) the estimated attorneys' fees and expert fees and costs necessary
to pursue the Claim and the source of the funds which will be used to pay such fees and
expenses, (8) the estimated time necessary to conclude the Claim; and (9) an affirmative
staternentfrom the Board of Directors thatthe Claim is in the best interestof the Association
and its Members.
4.09 Indemnification.
(a) Indemnification. The Association shall indemnify any Person who was
or is a party or is threatened to be made a party to any threatened, pending, or completed
action, suit, or proceeding, whether civil, criminal, administrative, or investigative, by reason
of the fact that the Person is or was a Director, officer, employee, servant, or agent of the
Association against expenses (including attorneys fees), judgments, fines, and amounts
paid in seft lement actually and reasonably incurred by such Person in connection with such
action, suit, or proceeding and undertake all costs of defense, until and unless it is proved
thatthe Person acted with willful orwanton misfeasance orwith gross negligence and provided
that the Person acted in good faith and in a manner that the Person reasonably believed
to be in ornotopposed to the best interests of theAssociation, and with respectto anycriminal
action or proceeding, had no reasonable cause to believe that its conduct was unlawful.
After such proof that the Person acted with willful or wanton misfeasance or with gross
negligence orthatthe Person did not actin good faith, did not reasonably believe its actions
were in or not opposed to the best interests of the Association, or had no reasonable cause
to believe that its conduct was unawful, the Association shall no longer liable for the cost
of defense and may recover costs already expended from the Person who so acted. The
termination of any action, suit, or proceeding by judgment, order, settlement, conviction,
or upon a plea of nob contendere or its equivalent shall not of itself create a presumption
that the Person did not act in good faith or in a manner that the Person reasonably believed
to be in ornot opposed to the best interests of the Association, orwith respectto any criminal
27
action or proceeding, had reasonable cause to believethatthe Person's conductwas unlawful.
Board members shall not be personally liable to the victims of crimes that may occur on
the Property. Punitive damages may not be recovered against the Association butmay be
recovered from Persons whose activity gave rise to the damages.
(d) Insurance. The Board shall purchase and maintain, at its sole costand
expense, insurance on behalf of any Person who is or was a director, officer, employee,
servant, or agent of the Association against any liability asserted against it or incurred by
it in any such capacity or arising out of its status as such, whether or not the Association
would have the power to indemnify it against such liability hereunder or otherwise.
28
4.10 Diseased Trees. The Association may enter upon any part of the Property
at any time to inspect for, prevent, and control diseased and insect infested trees and other
plant life. If any diseased or insect infested trees orother plant life are found, the Association
may spray, remove diseased trees and otherplant life, ortake such other remedial measures
as it deems expedient. The costthereof applicableto privately owned property maybe levied
by the Association as a special Assessment against such privately owned property.
4.11 Perimeter Walls. The Association may enter upon any part of the Property
at anytime to inspect for, prevent, orcontrol damage to any PerimeterWalls and to maintain,
repair, or replace, as necessary, the PerimeterWalls. Owners of Lots bounded by a Perimeter
Wall shall be responsible for the cost of maintenance to Perimeter Walls as set forth in
subsection 3.04(e)(vD) hereof. Notwithstanding theforegoing, an Ownercausing anydamage
to any PerimeterWalls by its acts shall be solely responsible and liablefor any maintenance,
repair, or replacement, as required, and for any cost or liability necessary to repair such
damaged Perimeter Walls.
4.12 Rules. The Board may, from time to time and subject to the provisions of this
Declaration, propose, enact, and amend rules and regulations to be known as the "Rules
and Regulations" that relate to the management, operation, and control of the Association
or the Common Area. The Rules and Regulations shall become effective and binding on
all Owners only after adoption by the Board, whereupon such Rules and Regulations shall
have the sameforce and effect as if theywere setforth in and were a partof this Declaration.
The Rules and Regulations mayconcern, but need not be limited to, mafters pertaining
to use of the Common Area; signs; collection and disposal of refuse; minimum standards
of maintenance of property; parking and traffic restrictions; imitations on maintenance of
landscaping or other Improvements on any property; standards for Residences; limitations
on the type of furniture fixtures, equipment, and other objects maintained on Lots in view
of other Owners; limitations on the numberand type of animals that may be allowed on the
Property; and any other subject or matterwithin thejurisdiction of the Association as provided
in this Declaration. The Rules and Regulations may restrict and govern the use ofthe Common
Area by any Member or Lessee, by the family of such Member or Lessee, or by any invitee,
licensee, orguestof such MemberorLessee. Declarant retainsthe rightto establish rules
relating to the use of any portion of the Common Area owned by it until annexation and
conveyance to the Association, and the Association may incorporate such rules in its Rules
and Regulations.
The Rules and Regulations adopted by the Board: (i) must be reasonably related
to the purpose forwhich theyare adopted; (U) must be sufficiently explicit in their prohibition,
direction, orlimitationto inform a Person of any action oromission required forcompliance;
(iH) must not be adopted to evade any obligation of the Association; (iv) must be consistent
with this Declaration and the other governing documents of the Association and must not
arbitrarily restrict conduct or require the construction of anycapital improvement by an Owner
that is not required by the governing documents of the Association; (v) must be uniformly
29
enforced underthesameorsimflarcircurnstancesagainstallowners(anyruleorregulation
that is not so uniformly enforced may not be enforced against any Owner); and (vi) may be
enforced bythe Association through the imposition of a fine only if the Association complies
with the requirements set forth in Section 4.14 hereof and the Act.
A copy of the Rules and Regulations, as they may be from time to time adopted,
amended, or repealed, shall be mailed or otherwise delivered to each Owner and may, but
are not required to, be recorded.
4.14 Fines and Penalties. Except as otherwise provided in this Section 4.14, if
an Owner or a tenant or guest of an Owner violates any provision of this Declaration, the
Rules and Regulations, or any other governing documents of the Association, the Board
may: (a) prohibit, fora reasonable time, the Ownerorthe tenant orguest of the Ownerfrom
voting on matters related to the Development and/or using the Common Area, provided,
however, thatthe foregoing provision does not prohibit, norshall the Board orthe Association
do anything to prohibit, any Ownerorthe tenant orguest of any Ownerfrom using anyvehicular
or pedestrian ingress or egress to go to or from the Owner's Lot or Residence, including
anyarea used for parking; and/or(b) impose a fine againstthe Ownerorthetenantorguest
of the Owner for each violation, except that a fine may not be imposed for a violation that
is the subject of a construction penalty pursuant to Section 7.14 hereof or the Act (since,
for the purposes hereof, a construction penalty is not considered to be a fine but instead
a separate and distinct penalty). Any fine must be commensurate with the seventy of the
violation but must not exceed one hundred dollars ($1 00) foreach violation or a total amount
The Board may not impose a fine pursuant to the foregoing provisions, unless, not
lessthan thirty (30) days beforethe violation, the Person againstwhomthefine will be imposed
had been provided with wriften notice of the applicable provisions of the governing documents
that form the basis of the violation, and, within a reasonable time after the discovery of the
violation, the Person has been provided withwritten notice specifying the detailsoftheviolation,
the amount of the fine, and the date, time, and location fora hearing on the violation, together
with a reasonableopportunityto contest the violation atthe hearing. The Board mustschedule
the date, time, and location forthe hearing on the violation so that the Person againstwhom
the fine will be imposed is provided with a reasonable opportunity to prepare for the hearing
and to be present at the hearing. The Board must hold a hearing before it may impose the
fine, unless the Person against whom the fine will be imposed pays the fine, executes a
written waiverof the right to the hearing, orfails to appearatthe hearing after being provided
with proper notice of the hearing.
Ifafine is imposed pursuant to theforegoing provisions and the violation is not cured
within fourteen (14) days, or within any longer cure period that may be established by the
Board, the violation shall be deemed a continuing violation. Thereafter, the Board may impose
an additional fine for the violation for each seven (7) day period or portion thereof that the
violation is not cured. Any additional fine may be imposed without notice and an opportunity
to be heard.
If the Association adopts a policy imposing fines for any violations of the governing
documents of the Association, the Secretary of the Association shall prepare and cause
to be hand-delivered or sent prepaid by United States mail to the mailing address of each
Lot or to any other mailing address designated in writing by the Lot Owner, a schedule of
the fines that may be imposed for those violations.
Any fine imposed shall be a special Assessment against the applicable Owner and
Lot enforceable in accordance with this Declaration and the Act. The Association may not
foreclose a lien by sale based on a fine or penalty for a violation of the governing documents
oftheAssociation, unless the violation threatens the health, safety, orwelfare of the residents
of the Development or the penalty is a construction penalty imposed for failure to adhere
to a schedule required or established pursuant to Section 7.14 hereof or the Act.
Any past due fine shall bear interest at the rate established by the Association (not
to exceed the legal rate per annum), shall include any costs of collecting the past due fine
at the rate established by the Association, and shall include any costs incurred by the
Association during a civil action to enforce the payment of the past due fine. If the past due
fine is for a violation that does not threaten the health, safety, or welfare of the residents
of the Development, then the rate established by the Association for the costs of collecting
the past due fine may not exceed the applicable rate established by NRS 116.31031 The
31
phrase 'costs of collecting" includes, without limitation, any collection fee, filing fee, recording
fee, referral fee, fee for postage or delivery, and any other fee or cost that the Association
may reasonablycharge to the Ownerforthecollection of the past due fine butdoes not include
any costs incurred by the Association during a civil action to enforce payment of the past
due fine.
The Board may appointa committee, with not lessthan three (3) members, to conduct
hearings on violations and to impose fines pursuant to this Section. While acting on behalf
of the Board for those limited purposes, the committee and its members are entitled to all
privileges and immunities and are subject to all duties and requirements of the Board and
its members.
The provisions of this Section establish the minimum procedural requirements that
the Board must follow before it may impose a fine and do not preempt any provisions of
the governing documents that provide greater procedural protections.
ARTICLE V.
,d OITAFACC&t.1I 3
landscaping on the Lots in the Development, and for the daily operating expenses of the
Association.
5.03 RegularAssessments.
(a) Annual Assessment. The Board shall fix the annual Assessment at
an amount sufficient to coverthe estimated budget of the Association priorto the beginning
of each fiscal year. The Board may increase the annual Assessment by up to fifteen percent
(15%) of the previous years annual Assessment without the consent of the Owners. The
Board shall, not less than thirty (30) days or more than sixty(60) days before the beginning
of each fiscal year of the Association, prepare and distribute to each Owner a copy of the
budgetforthe daily operation of the Association. The budget must include, without limitation,
the estimated revenue and expenditures of the Association for the coming year and any
contributions to be made to the reserve funds established by subsection 5.03(b) hereof.
In lieu of distributing copies of the budget, the Board may distribute summaries of the budget,
accompanied by a written notice thatthe budget is available for reviewatthe business office
of the Association or some other suitable location within Clark County, Nevada and that copies
of the budget will be provided upon request.
The Board shall, not less than thirty (30) days or more than sixty (60)
days before the beginning of the fiscal yearof the Association prepare and distribute to each
Owner a copy of the reserve budget. In lieu of distributing copies of the reserve budget,
the Board may distribute summaries of the budget, accompanied by a written notice that
the budget is available for review at the business office of the Association or some other
suitable location within Clark County, Nevada and that copies of the bucigetwill be provided
upon request.
The reserve budget must include, without limitation: (i)the current estimated
replacement cost, estimated remaining life, and estimated useful life of each majorcomponent
of the Common Area; (U) as of the end of the fiscal yearfor which the budget is prepared,
the current estimate of the amount of cash reserves that are necessary, and the current
amount of accumulated cash reserves that are set aside, to repair, replace, or restore the
major components of the Common Area; (iii) a general statement describing the procedures
used for said estimation and accumulation of cash reserves, including, without limitation,
the qualifications of the Person responsible for the preparation of the study of the reserves
required by this subsection; and (iv) a statement as to whether the Board has determined
HRSVI•l\Dl HO7MONTARACC&R.7. 33
or anticipates that the levy of one or more special Assessments will be required to repair,
replace, orrestore any majorcomponentofthe Common Area orto provide adequate reserves
for that purpose.
The Board shall cause to be conducted at least once every five (5) years,
a study of the reserves required to be maintained by this subsection, review the results of
that study at least annually to determine if those reserves are sufficient, and make any
adjustments itdeems necessaryto maintain the required reserves. The study of the reserves
must be conducted by a person who is qualified by training and expetience to conduct such
a study, including, without limitation, a member of the Board, an Owner, or the community
manager of the Association who is so qualified. The study of the reserves must include,
without limitation: (i) a summary of an inspection of the major components of the Common
Area that the Association is obligated to repair, replace, or restore; (ii) an identification of
the majorcomponents of the CommonAreathatthe Association is obligated to repair, replace,
or restore which have a remaining useful life of less than thirty (30) years; (iU) an estimate
of the remaining useful life of each major component so identified; (iv) an estimate of the
cost of repair, replacement, or restoration of each major component so identified; and (v)
an estimate of the total annual Assessments that may be required to coverthe cost of repair,
replacement, orrestoration of the majorcornponents so identified after subtracting the reserves
of the Association as of the date of the study. The results of the study of reserves required
by this subsection must be submitted to the Nevada Real Estate Commission not laterthan
forty-five (45) days after the date the Board adopts the results of the study.
(d) Budget Ratification. The Board shall, within thirty (30) days after the
adoption of any proposed budget, provide a summary of the budget to all Owners and shall
set a date for a meeting of Owners to consider and ratify the budget not less than fourteen
(14) nor more than thirty (30) days after the mailing of the summary. Unless a majority of
all Owners at the meeting reject the budget (whetheror not a quorum is present), the budget
is ratified. If the budget is rejected, the budget last ratified shall continue to be the budget
for the Association.
WS H? MOMTARACC&R 7— 35
payment charge, and interest, including reasonable attorneys' fees, shall be a lien upon
the Lot assessed from the time the Assessment becomes due until paid. If an Assessment
is payable in installments, the full amount of the Assessment is a lien from the time the first
installment thereof becomes due. Such lien shall be prior to any declaration of homestead,
and except as provided in Section 5.08 hereof, such lien shall survive and not be affected
bythe conveyance of the Lot subject to the delinquentAssessmentto a third-party purchaser.
Such lien shall be created in accordance with NRS 116.3116 and shall be foreclosed in the
mannerprovided form NRS 116.31 162to 116.31168 asis noworhereaftermaybein effect.
The Association, upon written request shall furnish to an Owner a statement setting forth
the amount of unpaid Assessments. If the interest of the Owner is real estate or if a lien
for the unpaid Assessments may be foreclosed under the Act, the statement must be in
recordable form. The statement must be furnished within ten (10) business days after receipt
of the request at a reasonable fee and is binding on the Association, the Board of Directors,
and every Owner. In addition to foreclosure of the Assessment lien, the Association may,
but is not obligated to, bring an action to recoverjudgment against the Member personally
obligated to pay the delinquent regularor special Assessment after having provided to that
Member thirty (30) days' written notice of the delinquency. The Board may suspend the
voting rights inthe Association and rightto use any of the recreational facilities of the Common
Area of any Owner during any period any Assessment due from such Owner is unpaid.
lnthe event an Assessment is past due more than fifteen (15) days, the Board may declare
immediately due and payable the total amount assessed against the Owner and the Lot
forthatfiscal year. The Association may notforeclose a lien by sale based on a fine orpenalty
fora violation ofthis Declaration, the Bylaws, the Rules and Regulations, orothergoverning
documents of the Association, unless the violation threatens the health, safety, or welfare
of the residents of the Development or the penalty is a construction penalty imposed for
failure to adhere to a schedule required or established pursuant to Section 7.14 hereof or
the Act.
36
provided, however, that after foreclosure or conveyance in lieu of foreclosure, the property
that was subject to such Mortgage shall be subject to such amendment.
ARTICLE VI.
In additionto all of the covenants contained herein, the use of the Property and each
Lot therein is subject to the following:
6.01 Improvements and Use. Except as expressly provided herein, the Lots shall
be used exclusively for single-family residenttal purposes. Timesharing is prohibited. No
mobile home may be placed or located on any Lot.
6.02 Animals. No animals of any kind shall be raised, bred, or kept on any Lot,
except that a reasonable number of dogs, cats, or other household pets may be kept on
a Lot provided that they are not kept, bred, or maintained for any commercial purpose nor
in violation of any applicable local ordinance or any other provision of this Declaration. A
"reasonable number" shall ordinarily mean three (3) or fewer pets per Lot. All pets within
the Property shall be leashed or otherwise under the direct control of the pet ownerwhen
not within an enclosed area of a Lot. It shall be the absolute duty and responsibility of each
Owner or Lessee to remove any solid animal waste immediately after such animals have
used any portion of the Common Area or any public property in the vicinity of the Property
and within a reasonable time (as determined bythe Board in its discretion) aftersuch animals
have used any portion of the Owner's Lot. No pet shall be permitted to be kept within any
portion of the Property if it makes excessive noise or is otherwise determined by the Board
to be a nuisance. If a pet is determined to be a nuisance, the Board may give notice to the
Owneror Lessee to resolve the offending problem within seventy-two (72) hours, and if the
problem is not resolved during that period of time, order the removal of the pet.
6.04 Utility Service. No lines, wires, or other devices for the communication or
transmission of electric current or power, including telephone, television, and radio signals,
shall be erected, placed, or maintained anywhere in or on any Lot unless the same shall
be contained in conduits or cables installed and maintained underground or concealed in,
under, or on buildings or other structures approved in writing by the Board. All temporary
utility outlets shall be installed and maintained in accordance with applicable provisions of
the Rules and Regulations. No provision hereof shall be deemed to forbid the erection of
the temporary power ortelephone installations incident to the construction of approved buildings
or structures.
6.06 Garbage. No rubbish, trash, garbage, or other waste shall be kept except
in sanitary containers. All equipment for the storage or disposal of such materials shall be
kept in a clean and sanitary condition and shall be enclosed so as notto be visible from
any public street or from any other Lot or the Common Area.
6.07 Antennae, Satellite Dishes and Solar Collectors. No Owner may erect or
maintain a television or radio receiving ortransmitting antenna, satellite dish orsimilarimplemnent
or apparatus, or solar collector panels or equipment upon any Lot unless such apparatus
is erected and maintained in such a way that it is screened from public viewalong the public
street right-of-way directly in front (and to the side, in the case of a corner Lot) of the house
erected on such Lot; and no such apparatus shall be erected withoutthe priorwritten consent
of the Architecture Committee. The Architecture Committee, as designated in this Declaration,
shall have the absolute authority to determinewhetheran accessory is adequately screened
from public view. The provisions of this Section 6.07 and the authority of the Architecture
Committee in this matter shall be subject to any regulations issued by the Federal
Communications Commission and any other applicable governmental authority.
— 38
6.08 Signs. No signsotherthan one (1) sign of customary and reasonable dimensions
advertising a Lot for sale or lease shall be displayed on any Lot so that it is visible from any
other Lot, public street, or the Common Area without prior written consent of the Board.
No signs shall be displayed on the Common Area except signs approved by the Board.
6.10 Laundry. Outside clotheslines or other outside facilities for drying or ailing
clothes shall not be erected, placed, or maintained on any Lot. No washing machine ordryer
shall be kept on any Lot, except within a Residence, without the prior written approval of
the Board.
6.11 Propane Tanks. Only propane tanks used in connection with barbecue grills
shall be permitted on any Lot; provided, however, that such tanks are in compliance with
all applicable codes and laws.
6.12 Landscaping. Within one (1) year after the close of escrow for the sale of
a Lot from Declarant to an Owner other than Declarant, the Owner, at his sole expense,
shall complete landscaping on all portions of the Lot, including, but not limited to, side and
rear yards. Prior to installation, all landscaping Improvements must be approved by the
Architectural Committee in accordance with Article VII hereof No trees, shrubs, plants,
landscaping, orirrigation may be planted, nstalled, orrnaintained on any Lotwithinfivefeet
(5') of the lesidence. All Lots, landscaping, driveways, and exteriors must be kept neat
and tidy at all times. No landscape trimmings shall be placed for removal on or near any
public road within the Property or in a place upon the Lot where they are visible from any
other Lot or the Common Area.
(a) Owner and Occuoant Parking; Priorities. It is the intent of this Subsection
to limit on-street parking within the Property. Accordingly, except only as otherwise specifically
provided herein, each Ownerand the occupants of his Residence shall park all of theirvehicles
first within the garage and then on the driveway of the Owner's Lot; provided, however, that
the numberof vehicles parked on any Lotshall notexceed the maximum numberofvehicles
that the garage and driveway were designed to accommodate (e.g., if a Residence has a
two (2) car garage and a driveway designed to accommodate two (2) additional cars, then
no more than four (4) cars may be parked on the Lot). Garage doors must be kept closed
at all times, except as reasonably required for ingress and egress to and from the garage.
Except only as otherwise specifically provided herein, only after all parking areas firstwithin
the garage and then on the driveway are full shall an Owner be allowed to park a vehicle
on the streets within the Project. In addition, no Owner shall park, store, or keep anhere
MONTARACC&P.7.I
within the Property any vehicle or vehicular equipment, mobile or otherwise, deemed to be
a nuisance by the Board, in its sole and absolute discretion.
40
Vehicle Maintenance. No dismantling, assembling or maintenance of
(f)
motor vehicles, boats, trailers recreational vehicles, or other machinery, implements,
accessories orequipmentshall be permitted in the streets within the Property, or in anyparking
area, drivewayoryard adjacentto a street, orthat is not screened from view, excepttemporarily
for a period not to exceed forty-eight (48) hours to accommodate emergency repairs.
(g) Authority to Review. The Board shall have the absolute authority to
determine from time to time whethera vehicle or accessory is operable, adequatelyscreened
from public yiew, and otherwise in compliance with the provisions of this Section 6.13. Upon
an adversedeterrnination bythe Board, the vehicleoraccessoryshall be removed orotherwise
brought into compliance with this Section 6.13.
(h) Parking Rules and Reciulations. The Board may adopt rules and regulations
consistent with this Section 6.13 to further regulate vehicle parking in the Property.
6.14 Leases. Any lease of a Lot shall be in writing and be of a term of at least six
(6) months shall expressly provide that such lease is subject in all respectstothis Declaration,
and that any failure of the Lessee to comply with any provisions of this Declaration shall
constitute a default under such lease. The Owner of a leased Lot shall be responsible for
all Assessments, penalties, and costs imposed on said Lot. Subject to Section 3.05, no
Lotor Residence may be leased for hot& ortransient purposes orforanyTransient Commercial
Use. Subject to Section 3.05, no portion of a Lot less than the entire Lot may be leased
for any period.
6.17 Taxes. Each Owner shall pay when due and before delinquency all taxes,
Assessments, levies, fees, and all otherpublic charges and utilityfees and chargesof every
kind and nature imposed upon or assessed against its Lot.
6.18 Rules and Regulations. The Board is hereby expressly authorized to establish
all rules and regulations as it shall deem necessaryforthe purpose of implementing, enforcing,
and administering the purposes of this Declaration.
6.19 Hazardous Substances. No activity shall be permitted on any Lot orthe Common
Area that, in the sole opinion of the Board, will create oremit offensive, hazardous, or excessive
quantities of dust, dirt, ash, smoke, noise, fumes, odors, or vibrations or create risk of fire,
explosion, or other hazards or is not in harmony and consistent with the Property. Activities
IH,)7 MONtARACc&p.7 —
prohibited hereunder include, but are not limited to, activities that result in the disposal of
hazardous substances in anyforrn upon the Property. Forthe purposes of this Declaration,
the term "Hazardous Substance shall mean any product, substance chemical, material,
orwaste whose presence, nature, quantity, or intensity of existence, use, manufacture, disposal
transportation, spUl, release, or effect, either by itself or in connection with other materials
expected to be found upon any Lot, is either: (i) potentially injurious to the public health,
safety, or welfare or the environment or the Property; (H) regulated or monitored by any
governmental authority; or (iii) a basis for liability of Declarant or any Owner to any governmental
agency or third party under any applicable state or common law principle.
6.20 PartyWalls. Owners of Party Walls shall share equally the responsibility and
cost of all maintenance, repair, or replacement, as necessary, of their respective Party Walls.
Notwithstanding the foregoing, an Ownercausing anydamageto any Party Walls by its acts
shall be solely responsible and liable forany maintenance, repair, or replacement, as required,
and for any cost or liability necessary to repair such damaged Party Walls.
42
Additionally no vegetation, Improvement or otherobstruction shall be planted, constructed,
or maintained on any Lot in such location or of such height as to unreasonably obstruct the
view from any other Lot. Each Owner or Resident of a Lot shall be responsible for periodic
trimming, pruning and thinning of all hedges, shrubs and trees located on his Lot so as to
not unreasonably obstruct the view of other Owners or Residents, If an Owner or Resident
fails to perform necessarytrimming, pruning orthinning, the Association shall havethe right,
but not the obligation, after Notice and Hearing, to enter upon such Lot for purposes of
performing such work and to charge the Owner of the Lot a Special Assessment for any
costs incurred for performing or having such work performed. Each Owner, by accepting
a deed to a Lot, hereby acknowledges that any construction orinstallation by Declarant may
impair the view of such Owner, and hereby consents to such impairment.
6.24 u.s. Flag. An Owner is entitled to display the flag of the United States (the
'Flag') in a mannerthat is consistentwith the Federal Flag Code and theAct. The Association
may adopt Rules and Regulations that prohibit the display of the Flag in a manner that is
inconsistent with the Federal Flag Code or the Act. As used in this Section, "Federal Flag
Code" means the rules and customs pertaining to the display and use of the Flag which
are codified in 4 U.S.C. § Sto 10, inclusive, asaltered, modified, orrepealed bythe President
of the United States pursuant to 4 U.S.C. § 10, and any additional rules pertaining to the
display and use of the Flag which are prescribed by the President pursuant to 4 U.S.C. §
10.
ARTICLE VII.
Architecture Committee
(a) all Improvements shall be constructed in full compliance with all applicable
zoning laws, building codes, and other laws, ordinances, and regulations applicable to the
construction, use, and occupancy of Improvements; and
NmssCI,.,,\D, WdL!7MONTARACC&P7- 45
and elsewhere in the governing documents of the Development and must be selected or
designed to the maximum extent practicable to be compatible with the style of the Development.
7.06 Meetings of the Committee. The Architecture Committee shall meet from
time to time as necessary to perform its duties hereunder, but such meetings shall be held
at least annually. The vote of a majority of all of the members of the Architecture Commiftee
orthe written consent of a majorityof all of the members of the Architecture Committee taken
without a meeting shall constitute an act of the Architecture Committee. The Architecture
Committee mayfrom timeto time by resolution adopted in writing, delegate its duties, except
forthegranting ofvariances pursuantto Section 7.11, orretaintheservices ofa professional
engineer, architect, designer, inspector or other Person to assist in the performance of its
duties.
HShWMHICI(,,Dl MOICARkCCkRC
within such period, specifying in reasonable detail the particulars of noncompliance, and
shall require the Owner to remedy the same.
(Hi) If, upon the expiration of thirty (30) days from the date of such
notification, the Owner shall have failed to remedy such noncompUance, the Architecture
Committee shall notify the Board in writing of such failure. Upon notice and hearing before
the Board, the Board shall issue a ruling determining whether there is a noncompliance,
and if such noncompliance is found to exist, the Board shall determine the estimated cost
of correcting or removing the same. The Owner shall remedy or remove the same within
a period of not more than forty-five (45) days from the date of announcement of the Board
ruling. If the Owner does not comply with the Board's ruling within such period, the Board,
at its option, may eitherremove the noncomplying Improvementorremedythe noncompliance,
and the Owner shall reimburse the Association upon demand for all expenses incurred in
connection therewith. If such expenses are not promptly repaid by the Owner to the Association,
the Board shall levy a special Assessment against such Owner and the Improvement in question
and the Lot upon which the Improvement is situated for reimbursement, and the special
Assessment shall constitute a lien upon such Lot and Improvement.
(iv) If for any reason after receipt of said written notice of completion
from the Owner, the Architecture Committee fails to notify the Ownerof any noncompliance
within the period provided in subsection 7.09(a)Oi) hereof, the Improvement shall be deemed
to be in accordance with said approved plans and specifications.
(b) Work in Progress. The Architecture Committee may inspect all work
in progress and give notice of noncompliance as provided above in subsection 7.09(a)Oi).
If the Owner denies that such noncompliance exists, the procedures set out in subsection
7.O9(a)(iii) shall be followed, except that, pending resolution of the dispute, no furtherwork
shall be done that would hamper correction of the noncompliance if the Board should find
that such noncompliance exists.
w],I 47
schemes, exteriorfinishes, and materials and sirnilarfeatures. The approval of the Architecture
Committee shall not be construed to be, nor shall the Architecture Committee be responsible
for, approval of the structural safety, engineering soundness, or conformance with zoning,
building, or other codes that may be applicable.
7.14 Construction Schedules and Penalties. Each Owner shall adhere to any
schedule required orestablished bytheAssociation, the Association'sArchitecture Committee,
orthis Declaration forthe completion of the design, commencement of construction, completion
of construction, and/or issuance of a permit necessary for the occupancy of the Owners
Lot orany portion thereof, the Owner's Residence orany portion thereof, and any Improvement
to the Owner's Lot or Residence, including, without limitation, the landscaping schedule set
forth in Section 6.12 hereof. If, afterexpiration of any deadline setforth in any such schedule,
a required performance has not been completed, theAssociation may, afterthe Owner receives
notice of the alleged violation which informs him that he has a right to a hearing on the alleged
violation, assess and enforce against the Owner and the Owner's Lot a construction penalty
ARTICLE VIII.
Mortgagee Provisions
The following provisions are for the benefit of holders, insurers, and guarantors of
first Mortgages on Lots. The provisions of this Article apply to both this Declaration and
to the Bylaws notwithstanding any other provisions contained therein.
(a) Any condemnation loss oranycasualty loss that affects a material portion
of the Property or that affects any Lot on which there is a first Mortgage held, insured, or
guaranteed by such Eligible Holder;
MctTAACC& 49
request from the Association of any default in the performance by an Owner of a Lot of any
obligation under this Declaration or the Bylaws that is not cured within sixty (60) days;
(d) Any proposed action that would require the consent of a specified
percentage of Eligible Holders.
8.02 Special Provision. Unless at least sixty-seven percent (67%) of the Eligible
Holders and voting Members representing at least sixty-seven percent (67%) of the total
Association consent, the Association shall not:
(e) Use hazard insurance proceeds for any Common Area lossesforother
than the repair, replacement, or reconstruction of such property.
First Mortgagees may, jointly or singly, pay taxes or other charges that are in default
and that may or have become a charge against the Common Area and may pay overdue
premiums of property insurance policies, or secure new property insurance coverage upon
the lapse of an Association policy, and first Mortgagees making such payments shall be
entitled to immediate reimbursement from the Association.
8.03 Other Provisions for First Mortgages. To the extent possible underNevada
law:
(c) Any election to terminate the Association other than for the causes
described in subsection 8.03(b) shall require the approval of the Eligible Holders on Lots
to which at least sixty-seven percent (67%) of the votes of the Lots subject to the mortgages
held by such Eligible Holders are allocated.
Annexation
9.02 Annexation by Declarant. If, so long as Declarant owns any portion of the
Property, Declarant desires to develop additional phases in the Annexable Area in its sale
and absolute discretion, such additional phases orany portion thereof may be added to the
Property, be subjected to this Declaration, and be included within the jurisdiction of the
Association by action of Declarant without the consent of the Members or Eligible Holders.
Declarant makes no representation or warranty that any or all of the Annexable Area will
be subdivided into Lots, annexed into the Development and thereby subjected to the provisions
of this Declaration, or improved with Residences orother Improvements and expressly hereby
disclaims any such representation orwat-ranty. However! priorto any annexation, all Common
Area Improvements in each the phase being annexed will be substantially completed.
9.04 Deannexation. Declarant may delete all or any portion of the phase of
development from coverage of this Declaration and the jurisdiction of the Association so
long as Declarant is the owner of all of that phase and provided that:
(b) Declarant has not exercised any rights to vote with respectto any portion
of such phase;
52
(c) Assessments have not yet commenced with respect to any portion of
such phase;
(d) no Lot has been sold in such phase to a member of the general public;
and
(e) the Association has not made any expenditures or incurred any obligation
respecting any portion of such phase.
ARTICLE X.
General Provisions
10.01 Temi. This Declaration, including all of the covenants, conditions, and restrictions
hereof, shall run until the date fifty(50)years hereafter, unless amended as herein provided.
Afterthe datefrfty(50)years hereafter, this Declaration, including all such covenants, conditions,
and restrictions, shall be automatically extended for successive periods of ten (10) years
each, unless amended orextinguished by a written instrument executed by at leasttwo thirds
(2/3) of the Owners and recorded in the Official Records of the County Recorder of Clark
County, Nevada.
10.02 Resale of Lots. The seller of any Lot shall furnish to the purchaser before
execution of any contract for the sale of the Lot or otherwise before conveyance:
(a) a copyof this Declaration, the Articles, Bylaws, and Rules and Regulations;
(b) a statement setting forth the amount of the annual Assessments for
common expenses and any unpaid Assessment of any kind currently due from the selling
Owner; and
The selling Lot Owner shall also at such time notify the Association of the proposed
sale and provide the Association with the name and address of the new Owner and the
proposed date of sale. Nothing in this Section 10.02 shall be construed to require any approval
by the Association of the sale of any Lot.
(a) In the eventan Owner rents orleases any Lot, the Ownershall provide
the Lessee with a copy of this Declaration, the Articles, Bylaws, Rules and Regulations,
any Design Guidelines adopted by the Architecture Committee, and a list of the members
of the Board. The lease or other agreement with the Lessee shall provide that the Lessee
shall abide bythe provisions of this Declaration, the Articles, Bylaws, Rules and Regulations,
HRSo w!HO7MONTA
and any Design Guidelines adopted by the Architecture Committee and that the lease is
subject to such provisions. The Association may, after notice to the Owner of the Lot and
in addition to any other rights or remedies it may have at law or equity, enforce against the
Lessee those remedies setforth in this Declaration and may evictthe Lessee if within a twelve
(12) month period the Lessee commits three or more material violations of this Declaration,
the Articles, Bylaws, Rules and Regulations, or any Design Guidelines adopted by the
Architecture Committee regardless of whether such violations are cured.
(b) Any Owner renting or leasing its Lot shall notifythe Association of such
arrangement and provide the Association with the name of the Lessee and the term of the
Lease for occupancy.
(c) In the event the Association engages an attorney or takes any legal
action against a Lessee for violation of this Declaration, the Owner as well as the Lessee
shall be subject to the costs and expenses set forth in subsection 10.05W) hereof.
10.04 Amendment.
(I) voting;
54
(ix) leasing of Lots;
H!),fl7 MONTARA'CC&R.7. 56
(f) Attorneys Fees. In the eventthe Board engages legal counsel ortakes
any legal action, including, but not limited to, arbitration proceedings pursuantto NRS Chapter
38, to enforce the provisions of this Declaration, it shall be entitled to its costs, including
reasonable attorneys fees, incurred in connection therewith.
10.06 Notices. Any notice or communication to be given under the terms of this
Declaration shall be in writing and shall be personally delivered orsent byfacsimile, overnight
delivery, or registered or certified mail, return receipt requested. Notice shall be effective:
(a) if personally delivered, when delivered; (b) if by facsimile, on the day of transmission
thereof on a properfacsimile machine with confirmed answerback; (c) if byovernightdelivery,
on the day after delivery thereof to a reputable overnight courier service; and (d) if mailed,
at midnight on the third (3rd) business day afterdeposit in the mail! postage prepaid. Notices
shall be addressed to the Person at the address given by such Person to the Association
for the purpose of service of notices or to the residence of such Person if no address has
been given to the Association. Such address may be changed from time to time by notice
in writing given by such Person to the Association.
10.07 Construction.
(c) Captions. All captions and titles used in this Declaration are intended
solelyforconvenience of reference and shall not enlarge, limit, orotherwise affectthatwhich
is set forth in any of the Sections or Articles hereof.
10.08 State Law. The provisions of this Declaration shall be governed and interpreted
according to the laws of the State of Nevada.
I/I
I/f
I/I
ft V*!W MONA 57
10.09 Priorities, Inconsistencies, if there are conflicts or inconsistencies between
this Declaration and either the Articles or the Bylaws, the terms and provisions of this
Declaration shall prevail. Any provision contained in this Declaration the Bylaws, or the
other governing documents of the Association that violates the provisions of the Act shall
be deemed to conform with the Act by operation of law.
By: y7-It )
Michel J. Galatlo / L./
STATE OF NEVADA)
ss:
COUNTY OF CLARK)
On the 3 dayof ApcF 2004, before me, a Notary Public in and for said
County and State! personallyppeared Michael J. Galatio, known (or proved) to me to be
the Manager of Canyon Desert Homes, LLC, a Nevada limited liability company, who ac-
knowledged to me that he executed the within instrument.
'a 22
Notary /
—rn---rI
nviieotNo.9620321
'%j5' MIE*eS1.2®B
MONTABACC&LC- 58
EXHIBIT "A"
Lot One-hundred-three (103) through Lot One-hundred-five (105), inclusive, and Lot One
(1) through LotThree (3), inclusive, Villa La Mora Avenue in Montara as shown by Mapthereof
on file in Book 115 of Plats, Page 0099 in the office of the County Recorder, Clark County,
Nevada.
Phase II:
Lot Four (4) through Lot Twelve (12), inclusive, and Lot Ninety-four (94) through Lot One-
hundred-two (102), inclusive, Villa La Mora Avenue in Montara as shown by Map thereof
on file in Book 115 of Plats, Page 0099 in the office of the County Recorder, Clark County,
Nevada.
Phase Ill:
Lot Thirteen (13) through Lot Eighteen (18), inclusive, and Lot Eighty-eight (88) through Lot
Ninety-three (93), inclusive, Villa La Mora Avenue in Montara as shown by Map thereof on
file in Book 115 of Piats, Page 0099 in the office of the County Recorder, Clark County, Nevada.
Phase IV:
Lot Nineteen (19) through Lot Twenty-four (24), inclusive, and Lot Eighty-two (82) through
Lot Eighty-seven (87), inclusive, Villa La Mora Avenue in Montara as shown by Map thereof
on file in Book 115 of Plats, Page 0099 in the office of the County Recorder, Clark County,
Nevada.
Phase V:
Lot Twenty-five (25) through Lot Thirty-four (34), inclusive, and Lot Eighty (80) through Lot
Eighty-one (81), inclusive, Villa La Mora Avenue, Villa Pescara Street and Villa Lorena Avenue
in Montara as shown by Map thereof on file in Book 115 of Plats, Page 0099 in the office
of the County Recorder, Clark County, Nevada.
Phase VI:
Lot Thirty-five (35) through Lot Forty (40), inclusive, and Lot Seventy-four (74) through Lot
Seventy-nine (79), inclusive, Villa Lorena Avenue in Montara as shown by Map thereof on
file iii Book 115 of Plats, Page 0099 in the office of the County Recorder, Clark County, Nevada.
Phase VII:
Lot Forty-one (41) through Lot Forty-six (46), inclusive, and Lot Sixty-eight (68) through Lot
Seventy-three (73), inclusive, Villa Lorena Avenue in Montara as shown by Map thereof
on file in Book 115 of Plats, Page 0099 in the office of the County Recorder, Clark County,
Nevada.
Exhibit "B"
Phase VIII:
Lot Forty-seven (47) through Lot Fifty-two (52), inclusive, and Lot Sixty-two (62) through
Lot Sixty-seven (67), inclusive, Villa Lorena Avenue in Montara as shown by Map thereof
on file in Book 115 of Plats, Page 0099 in the office of the County Recorder, Clark County,
Nevada.
Phase IX:
Lot Fifty-three (53) through Lot Sixty-one (61), inclusive, Villa Lorena Avenue in Montara
as shown by Map thereof on file in Book 115 of Plats, Page 0099 in the office of the County
Recorder, Clark County, Nevada.
Express Warranties