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DECLARATION
OF PROTECTIVE COVENANTS
LEGACY
FARMS
Page
3 of 4
IV.
THE ARCHITECTURAL REVIEW COMMITTEE.
A. General Powers. All improvements constructed or placed
on ay lot or parcel must first have the written approval of the Committee.
Such approval shall be granted only after written application has been
made to the Committee in the manner and form prescribed by it. The application,
to be accompanied by not less than two (2) sets of plans and specifications,
shall show the location of all improvements, if any, existing upon said
lot, the location of the improvement proposed to be constructed, proposed
material staging area, the existing topography with a minimum contour
interval of two (2) feet; front, rear and all side elevations, showing
the structures relationship to the existing and finished topography,
all cuts and fills, the color and composition of all exterior materials
to be used, landscape plan, and any other information which the Committee
may require, including soil and engineering reports and recommendations,
if requested by the Committee. In the event a lot owner desires to redecorate
the exterior of any existing structure, it shall only be necessary to
submit the new proposed color scheme to the Committee for its approval.
Remodeling or adding to existing structures or making structural or
architectural changes shall require the lot owner to submit complete
plans therefor to the Committee as in the case of erecting new structures.
Failure of the Committee to comment on any application, properly submitted,
within forty-five (45) days of receipt by the Committee at its offices
shall be deemed approval of such application by the Committee. The Committee
shall have the power to render its decisions on such other matters as
are referred to the Committee under this Declaration, or as may be referred
to the Committee by the Association with the Committee's consent, with
application for such decisions and the renderings thereof to be in accordance
with such rules and regulations as may from time to time be adopted
by the Committee. Committee comments with respect to any application
shall be strictly followed. If requested by the Committee, applications
must be resubmitted to the Committee, in which case the Committee shall
have forty-five (45) days after the resubmission to comment thereon.
B. Committee Membership. The Committee shall be composed
of not less than three (3) nor more than seven (7) members, to be appointed
by Legacy Farms LLC, ("Legacy") a Nevada limited liability
corporation, at least one of whom shall be a qualified member of one
of the allied physical design professions (i.e., civil engineer, architect,
land planner, etc.), with the first Committee to consist of Doug Brunson,
Edward McCaffery and Jack Daniels. Committee members shall be subject
to removal by Legacy, and any vacancies from time to time existing shall
be filled by appointment of Legacy, except that the Committee need have
no more than three (3) members. The power to appoint or remove Committee
members shall be transferred permanently to the Association upon the
sale of all lots or parcels within the development, or at any time prior
thereto at the discretion of Trails [sic]. A quorum shall consist of
the lesser of a majority of committee members or three (3) persons.
A decision may be rendered by a majority of committee members at a meeting
at which a quorum is present.
C. Grounds for Disapproval. The Committee may disapprove
any application:
1. If such application does not comply with
this Declaration; because of the reasonable dissatisfaction of the Committee
with grading plans, location of the proposed improvement on a lot, finished
ground elevation, color scheme, exterior finish, design, proportions,
architecture, shape, height or style of the proposed improvement, the
materials used therein, the kind, pitch or type of roof proposed to
be placed thereon; or, for purely aesthetic reasons.
D. Rules and Regulations. The Committee may from time to
time adopt written rules and regulations of general application governing
its procedures and approval criteria, which may include, among other
things, provisions for the form and content of application; required
number of copies of plans and specifications; provisions for notice
of approval or disapproval, and various approval criteria. Copies of
such rules shall if adopted be available to each buyer of a lot or parcel
within the development at the time of close of escrow and shall be maintained
at the office of the Committee.
E. Variances. The Committee may grant reasonable variances
or adjustments from the provisions of this Declaration where literal
application thereof results in unnecessary hardship and if the granting
hereof in the opinion of the Committee will not be materially detrimental
or injurious to owners of other lots.
F. Certification of Compliance. At any time prior to completion
of construction of an improvement, the Committee may require a certification
upon such form as it shall furnish from the contractor, owner or a licensed
surveyor that such improvement does not violate any set-back rule, ordinance
or statute, nor encroach upon any easement or right-of-way of record
and/or that all construction is in strict compliance with plans approved
by the Committee.
G. Administrative Fees. As a means of defraying its expenses,
the Committee shall require a filing fee of $500.00 to accompany the
submission of plans and specifications for a new single family home
and a filing $250.00 for submitting plans for remodeling or additions
or exterior redecorating color scheme. A filing fee of $100.00 shall
be required for landscape plans, deck plans and patio covers (trellises,
arbors, pergolas, etc.). No additional fee shall be required for resubmissions,
nor shall a fee be required for proposals for erection of a fence not
as part of the original construction.
H. Liability. Notwithstanding the approval by the Committee
of plans and specifications, neither it, the Declarant, Trails [sic],
the Association or any person acting in behalf of any of them shall
be responsible in any way for any defects in any plans or specifications
or other material submitted to the Committee, nor for any defects in
any work done pursuant thereto. Each person submitting such plans or
specifications shall be solely responsible for the sufficiency thereof
and the adequacy of improvements to be constructed pursuant thereto.
No member of the Committee shall be held liable to any person, whether
an owner of a lot or parcel within the development or not, on account
of any action or decision of the Committee or failure of the Committee
to take any action or make any decision.
I. Principal Office. The principal office of the Committee
shall be at 227 Vine Street, Reno, Nevada 89503, or any such other address
as the Committee shall notify the Association of in writing from time
to time.
J. Enforcement. In the event any improvement shall be commenced
without Committee approval as herein required, or in the event any improvement
is constructed not in conformance with plans therefor approved by the
Committee, or not in conformance with this or any applicable supplemental
declaration, the same shall constitute a violation of this Declaration.
In addition to the remedies for violation of any portions of this Declaration
set forth in Section IX below, the Committee shall also have the power
and authority to institute legal or other appropriate proceedings to
enjoin or otherwise prevent a violation of the provisions of this section.
In cases where an immediate injunction is not sought, the Association
and Committee may file for arbitration in conformance with NRS Chapter
38 and 116. All costs of litigation, including attorneyís fees,
shall be charged to and paid by the defendant if the Association prevails.
Such charges shall constitute a lien on such property ownerís
lot from the date of entry of the judgment therefor in the judgment
docket, and shall be enforceable as any judgment. In the event the Association
is not successful, each party shall pay its own costs and attorneyísí
[sic] fees.
V. LEGACY FARMS HOMEOWNERíS ASSOCIATION, A NONPROFIT CORPORATION
A. General. The Association is a Nevada nonprofit corporation
organized to maintain, develop and operate the common areas of the development
and improvements located thereon. The Association shall have such powers
in the furtherance of its purpose as are asset forth in the Articles
and By-Laws.
B. Control of Association by Douglas Brunson and Edward
B. McCaffery III, or the Survivor of them (Brunson and McCaffery). For
the initial period of thirteen (13) years from and after December 31,
2015, or until the final map for the last unit in the development has
been recorded, whichever shall last occur or at such sooner date at
Brunson and McCaffery's option, but in any event not more than twenty
(20) years from said date, Brunson and McCaffery, or the survivor of
them, shall have sole management of the Association and the right to
vote all memberships therein on all matters which may properly be voted
on by members and such right herein set forth shall constitute, without
further documentation, an irrevocable proxy coupled with an interest
in favor of Brunson and McCaffery, or the survivor of them, for the
period of control herein set forth. In the event both Brunson and McCaffery
shall die or become legally incompetent prior to the time control of
the Association is to pass to the Associationís Members. Control
shall be exercised by a majority in number of all persons holding a
recorded option on undeveloped portions of the Legacy Farms. In the
event of an option held by more than one (1) person, there shall be
only one (1) of such persons entitled to vote, which person shall be
designated in writing by the holders of such option to the Secretary
of the Association. Such successors shall have all of the rights conferred
on Brunson and McCaffery in this paragraph. From and after said initial
period, all membership within the development shall exercise full membership
rights with respect to said Association; assessments may be levied as
herein provided against lot owners (including Declarant to the extent
the Declarant is the owner of a recorded lot or lots during said initial
period. Brunson and McCaffery may not during said initial period (a)
cause any of the Association's property to be dedicated for public use;
or (b) cause the Association to be dissolved; or (c) pledge, encumber
or hypothecate any of the Associationís property or cause the
Association to borrow funds, except such as may be necessary for current
expenses of the Association or for capital improvements or acquisitions
by the Association.
C. Membership. Membership in the Association is limited
to owners of single family lots and multiple family dwelling units (also
defined as lots herein) as shown on recorded plats, and is automatic
with an appurtenant to such ownership and may be represented by a membership
certificate; provided, however, that no such certificate shall be transferred
on the books of the Association until all prior charges and assessments
against said membership have been paid in full. No other persons may
become members. There is only one class of memberships.
D. Membership Rights, Privileges and Obligations. The rights
and duties, privileges and obligations appertaining to memberships in
the Association, including voting rights and assessment obligations,
and penalties for failure to comply with the Associationís rules
and regulations are as set forth in its Articles and By-Laws. One (1)
owner of more than one (1) lot or parcel shall be considered as one
(1) member for the purpose of use of the facilities of the Association.
In the event a corporation, partnership or association shall own any
lot or parcel, such corporation, partnership or association shall designate,
by corporation resolution certified by the secretary or by written consent
of all partners or members delivered in each case to the Association,
the name of the person who, together with his family, shall have the
right to utilize the facilities of the Association.
E. Duties of Association. The Association shall have the
duty of enforcing the provisions of this Declaration, including the
duty to commence and maintain and action to enjoin any breach or threatened
breach of the provisions hereof. In addition to such enforcement remedies
as may be contained in the Articles and By-Laws of the Association,
failure of any member to comply with the rules and regulations of the
Association shall be deemed to be a violation of this Declaration and
enforceable by the Association as other violations of this Declaration.
The Association shall from and after January 1, 2004, be expressly required
to maintain and repair and otherwise to manage to high standards all
common areas owned or controlled by the Association, including all lakes
within the development and all facilities thereof, including but not
limited to beaches an piers, all roads or paths or trails owned by the
Association and all improvements located on any of the foregoing.
The Association shall purchase any and all equipment, materials and
supplies necessary to undertake its duties imposed by these Declarations
of Protective Covenants or its Articles and By-Laws. Declarant may sell
any of such equipment, materials and supplies to the Association and
the Association may purchase any of such equipment, materials and supplies
provided the purchase price shall be the fair market value thereof.
(Continued
on Page 4)
DECLARATION
OF PROTECTIVE COVENANTS 1, 2,
3, 4
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