Two major reasons for re-writing our Covenants:

1. Consolidation: There are 11 sets of Covenants, one for each area of development, which are almost identical. You may also hear the word "annexation" which is a legal way for us to bring all 11 separate filings under one governing Board. The new Covenants will consolidate the 11 versions into a single document, and take out the specific language relating to architectural standards. New language will address the obligation and authority of the Association Board and Architectural Control Committee. Other technology-dependent issues, such as roofing materials, air conditioners, swamp coolers, dishes and antennas, solar heating panels, RV’s, signs, etc. will be addressed in a separate document, "Architectural Standards" which will NOT be a part of the Covenants, and will therefore be easier to update. This method should help the Board be more responsive and avoid delays due to required procedures.
2. Mandatory Dues: Our current Covenants do not include guidelines for Assessments or Dues, which is why they are voluntary. We need to have Mandatory Dues for two basic reasons (a) it strengthens the enforceability of our Covenants which has proven to increase home values, and (b) it provides a secure revenue base to allow us to plan for important communications, maintain insurance policies, and be able to receive critical legal counsel, when needed. It is not the intention of the Association to file expensive lawsuits for homeowners who do not pay a $25 annual fee. We will still depend on the goodwill of all residents to pay our fees, to volunteer our time, and to address concerns with our neighbors - first. But, when something goes wrong in your neighborhood, and you turn to the Board for help … we sometimes need to seek counsel in order to resolve it. In these cases, the enforceability of our Covenants must be unquestioned, and Mandatory Dues will get us there.

Finally, Covenants are legal documents, and may not be much fun to read. I’ve tried to keep the legal-eze to a minimum for now. Your patience and attention is greatly appreciated.

1. The THEN owners of eleven parcels of real property, executed and filed for record in the office of the Clerk and Recorder of the County of Arapahoe, eleven district Declarations Of Covenants, Conditions And Restrictions ("Declarations"). The following is a description of each parcel ("Parcel") and the Book, Page and Reception No. in the Arapahoe County records under which the Declaration applicable to that Parcel was recorded:

(Table 1.0)

1	The Ridge at Foxridge	"Rusty Sun"	Book 2658, Page 289, Reception No. 1671652
2	The Hillside at Foxridge	"Hillside"	Book 3095, Page 759, Reception No. 1901483
3	Foxridge First Filing		Book 2331, Page 134, Reception No. 1481746
4	Foxridge West Filing No. 1		Book 2756, Page 1, Reception No. 1724937
5	Foxridge West Filing No. 2		Book 2756, Page 1, Reception No. 1724937
6	Foxridge Filing No. 5	"Foxridge West I" & "Foxridge West II"	Book, 3095, Page 767, Reception No. 1901484
7	Foxridge II		Book 2497, Page 152, Reception No. 1582414
8	Foxridge III		Book 2523, Page 202, Reception No. 1886892
9	Foxridge IV		Book 2625, Page 70, Reception No. 1653637
10	Foxridge West VI		Book 2877, Page 352, Reception No. 1788398
11	Greyhill at Foxridge		Book 3522, Page 601, Reception No. 2119519

2. The NOW Owners within each Parcel desire to have one set of Declarations of Covenants, Conditions, and Restrictions applicable to all of the properties listed in the Table 1.0 above, and to amend certain provisions contained in the Declarations in order to clarify the provisions and to protect and enhance the value and desirability of the neighborhood in which they live; and
3. Colorado Revised Statute (C.R.S.) No. 38-33.3-217 provides that, upon Court approval, the original Declarations may be amended, in whole or in part, by the recording of an instrument signed by a majority of the Now Owners of Lots within the Parcel; and
4. A majority of Owners of Lots within the combined area(s), known as "Foxridge", desire to amend the Declaration applicable to such Parcel with this First Amendment to Declaration of Covenants, Conditions, and Restrictions ("First Amended Declaration"), and their signatures on Exhibit "A" shall represent their consent to the adoption of this First Amended Declaration;

NOW, THEREFORE , it is hereby declared that the real property in the County of Arapahoe, State of Colorado, more particularly described as follows:

Together with all improvements, now or hereafter constructed and located upon the Properties, shall be held, sold, and conveyed subject to the following easements, Covenants, conditions, restrictions, uses, limitations, and obligations which shall run with the land, shall be a burden, benefit, and be binding upon all parties having or acquiring any right, title, or interest in the Properties, their grantees, successors, heirs, personal representatives, executors, administrators, devisees, or assigns.

1. Construction of Declarations and First Amended Declaration. The provisions of the Declarations, as amended by this First Amended Declaration, shall be considered to be the one declaration applicable to the Properties which are the subject of this First Amended Declaration; provided, however, that in the event of any inconsistencies between this First Amended Declaration and any one or more of the Declarations, the provisions of this First Amended Declaration shall control.

All of the definitions, terms, Covenants, conditions, easements, restrictions, uses, limitations, and obligations set forth in the Declarations, as amended by this First Amended Declaration, shall apply to all persons or entities now or hereafter having any interest in the Properties.

Section 1: "ACC" shall mean and refer to the Foxridge Architectural Control Committee, its successors and assigns.

Section 2: "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any lot which is a part of the Properties including contract sellers, but excluding in those having such interest merely as security for the performance of an obligation.

Section 3: "Properties" shall mean and refer to that certain real property described in the paragraph immediately preceding Paragraph 1 (one) of this First Amended Declaration."

Section 4: "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties , excluding roads, streets, etc.

Section 5: "Declarant" shall mean and refer to the parties listed above and the successors and assigns.

Section 6: "Association" shall mean and refer to the Foxridge Improvement Association, Inc. (FIA), a Colorado non-profit corporation, its successors and assigns.

Section 7: "Member" shall mean and refer to every person or entity who is a record owner of a fee or undivided fee interest in any Lot, including contract sellers, but nit including those having interests in any Lot merely as security for the performance of an obligation and contract purchasers.

Section 8: "Board" shall mean and refer to the governing body of the "Association".

Section 1: Membership in the Association and Voting. There has been organized and currently exists, under the Non-Profit Corporation Act of the State of Colorado, the Foxridge Improvement Association. Every person or entity, which is an Owner, shall be a member of the Association and shall remain a member for the period of ownership. Membership shall be appurtenant to and may not be separated from ownership of any Lot. Each Member shall be subject to, and agree to abide by, the provisions of the Association’s Articles of Incorporation, By-Laws and Rules and Regulations, if any. In the event there shall be any conflict between the provisions of this Declaration and all amendments thereto, and the Articles of Incorporation, By-Laws, or Rules and Regulations of the Association, the provisions of this Declaration, as amended, shall be deemed controlling.

Members shall be entitled to ONE vote for each Lot owned. Any Owner that that is an entity shall designate a person to act in its behalf to exercise all rights of a member or Owner, including without limitation, the right to serve as a Member of the Board of the Association. The vote of each Owner of a Lot may not b split, and the Persons comprising the "Owner" of a Lot must agree between or among them how their one vote is to be cast on all voting matters. If they are unable to agree on how the vote is to be cast on a given matter, then such Owner will be deemed to have abstained from voting on such matter.

Section 2: Composition of the Board of the Association. The Board of the Association as of the recording of this First Amended Declaration shall be composed of those members elected at the most recent election of Board members held pursuant to the provisions of the Association’s By-Laws, and all future Boards shall be elected in same accordance.

Section 3: Powers of the Board. The Board shall endeavor to preserve, protect, and promote the interests of the Members of the Association, and shall have the following powers:

1. To enforce the terms and provisions of the Declarations and any and all amendments thereto, and to enforce all obligations owed to the Association by the Owners; and
2. To take such action as the Board deems necessary or desirable to cause compliance by the Owners, their licensees, invitees, and other persons who may visit or occupy the Properties. Without limiting the generality of the foregoing, the Board shall have the power to enforce the provisions of the Declarations, By-Laws, and Rules and Regulations and all amendments to such documents by any one or more of the following means:

1. By commencing and maintaining actions to restrain and enjoin any breach or threatened breach of the Provisions of any such documents;
2. By commencing and maintaining actions to recover damages for breach of the Provisions of any such documents;
3. By suspending the voting rights of any Member for breach of the Provisions of any such documents; and
4. By levying and collecting from any Owner or other person visiting or occupying the Properties, after notice and hearing as provided in the By-Laws, reasonable and uniformly applied fines and penalties established in advance in the By-Laws or Rules and Regulations of the Association for the breach of any of the Provisions of any such documents. All such fines and penalties shall be deemed to be additional assessments levied against such Owners and their Lots and may be collected and enforced in the same manner as assessments.
5. By hearing appeals from any Owner that has been denied approval for Architectural alterations by the ACC, and had properly completed all requirements for submittal. The Board will hear appeals and vote by a majority of members in attendance at the first regular meeting following the request for review and appeal. Should the issue be of an emergency nature, the Board may decide, at the discretion of its members, to hold a special meeting to hear the appeal.
6. All attorneys’ fees and other reasonable costs incurred by any party in bringing or defending any action pursuant to this Section 3 shall be awarded to the prevailing party.

Section 4: Architectural Control Committee (ACC). The Foxridge Architectural Control ACC, hereinafter referred to as "ACC", shall be appointed by the Board and shall have the authority and shall execute its best judgement to see that all improvements, construction, landscaping, and alterations on any portion of the Properties, as set forth in the Architectural Standards document, conform to and harmonize with the area’s physical setting and existing surroundings and structures, and are not in any way detrimental to the property values of individuals located in the vicinity, or are in any way detrimental to the general public health, safety or welfare

1. The ACC shall consist of a minimum of three persons, at least two of whom shall be Owners. Board members may serve as ACC members if appointed by the Board, and additional ACC members may be appointed, as deemed necessary by the Board for the purpose of maintaining expediency in making judgements.
2. The ACC shall adopt reasonable rules and regulations, fix the time and place of its regular meetings, appoint a chairperson and a secretary, shall from time to time publish or post notice of the current address to which submittals shall be delivered on signs, newsletters, electronic communications, or designated website, and shall keep a record of the request made by an Owner, the date written request was received at the published address, and the date request was either granted or denied. Requests should be sent to the ACC via a dated receipt-return method.
3. The ACC shall make every effort to respond to requests quickly. In the event, the ACC fails to approve or disapprove the plans and specifications submitted to it by the Owner of a Lot in the Properties within twenty-one (21) days after written request was received and a dated receipt received by the Owner thereof, then such approval shall not be required provided, however, that no building or other structure shall be erected or be allowed to remain on any Lot which violates any of the Covenants or restrictions contained herein. The issuance of a building permit or license, which may in contravention of these protective Covenants shall not prevent the Association from enforcing these provisions.
4. All decisions of the ACC shall be by majority vote, and a committee member may designate a representative to act for it, and the voting recorded. In the event of death or resignation of any member of the ACC, the remaining members shall have full authority to designate a successor. In the event no volunteer successor can be found, the remaining members shall designate any Owner of a Lot as successor.
5. The ACC shall not be liable for damages to any person or entity by reason of any action, failure to act, approval, disapproval, or failure to approve or disapprove with regard to such requests.
6. The members of the ACC shall not be entitled to any compensation for services performed pursuant to this covenant. However, the Board may elect to provide compensation to a non-committee member for reporting and administration of enforcement activities in addition to the minimum of three ACC members.
7. The ACC shall have the authority to grant approval for variances or deviations from the requirements of this Declaration; provided, however, that such approval may only be granted if such variances or deviations shall be harmonious with the area’s physical setting and existing surroundings and structures, and are not in any way detrimental to the property values of individuals located in the vicinity, or are in any way detrimental to the general public health, safety or welfare. Neither the ACC nor any member thereof shall be responsible for any structural defects in the improvement(s) contemplated by such plans or specifications, nor any actions taken by such ACC members in good faith pursuant to the authority granted them.

Section 5: Control. No building, fence, wall, or other structure shall be commenced, constructed, installed, erected or maintained upon the Properties, nor shall any exterior addition or change be made until the plans and specifications showing the nature, kind, shape, height, materials, color, and location of the same shall have been submitted to and approved by the ACC. Subsequent alterations, changes or deviations in the plans shall also require the prior approval of the ACC.

Section 6: Appeal. Any homeowner who is denied approval of a request by the ACC, and has properly completed all procedures for submittal, may appeal to the Board for a reversal of the denial. Further, any Owner that has received a notice that he is in violation of the Architectural Standards Guidelines may file a protest to the Board, and request a hearing for appeal.

Section 7: Insurance. The Board shall maintain ongoing insurance policies for General and Public Liability, of a minimum of $2 million dollars, and for Director’s Errors and Omissions. Payment for these policies will be made from homeowner assessments, as needed.

Section 1: Residential Use: No Lot or Lots embraced in the Properties shall be used for other than single family residence purpose. There shall not exist on any Lot, as shown on the plat recorded at the Arapahoe County Clerk and Recorder’s Office at any time, more than one resident. All building s or structure erected upon said property shall be of new construction.

Section 2: Building Standards: All structures shall conform with the applicable building codes of Arapahoe County, Colorado and other appropriate governmental entities and agencies.

Section 3: Building Height: The designated maximum building height shall be 35 feet or two stories. Building heights shall be considered as the vertical distance from the average finished ground level of the building site to the highest point of the structure directly above said ground level. The designated maximum building height requirements may be waived by the ACC when in their opinion, such structures relate tot sound architectural planning and land use, and conform to the overall design and pattern of the development.

Section 4: Dwelling Costs, Quality and Size: Each dwelling constructed on a Lot after the date of this First Amended Declaration shall contain a minimum of 1,800 square feet of heated living space above ground.

Section 5A: Building Location: No building shall be located on any Lot nearer to the front Lot line or nearer to the side street line than the minimum building setback lines shown on the recorded plat and recorded mixed unit development plan. In any event no building shall be located on any Lot nearer than 25 feet to the front line or nearer than 15 feet to and side street line. No building shall be located nearer than 5 feet to the interior Lot line. No dwelling shall be located on any interior Lot line nearer than 15 feet to the rear Lot line. For the purposes of this convenant, eaves, steps and open porches shall be considered as part of a building, provided, however, that this shall be construed to permit any portion of the building, on a Lot to encroach upon another Lot.

With written approval of the ACC, a one-story attached garage may be located nearer to the front Lot line than above provided, but not nearer than 20 feet of any street line, where the natural elevation of the Lot along the established minimum building setback line is more than either 8 feet above or 4 feet below the established roadway level along the abutting street and where in the opinion of said ACC the location and Architectural design of such proposed garage will not detract materially from the appearance and value of other properties. Furthermore, under similar conditions and approval, a dwelling may be located nearer to a street than above provided, but not nearer than 20 feet to any street line.

Section 5B: Lots accepted from minimum setbacks: Cul-de-sac lots shall be excepted from Section 5A, above. These lots are Block 1 Lots 1 through 17 inclusive, Block 3, Lots 4 through 9 inclusive, Block 3, Lots 15 through 25 inclusive, and Block 1, lots 34 through 43 inclusive.

No building shall be located on these lots nearer than 20 feet to the front lot line, or nearer than 15 feet to a public right of way; and no building shall be nearer than 5 feet from an interior lot line. O building shall be nearer than 15 feet from the rear lot line.

Section 6: Lot Area and Width: no dwelling shall be erected or place on any Lot having a width of less than 30 feet at the minimum building setback line nor shall any building be erected or place on any lot having an area of less than 2400 square feet.

Section 7: Completion of Improvements: Following the ACC’s approval of plans and specifications submitted by an Owner, such Owner shall promptly commence construction of the improvements contemplated by such plans and specifications and shall proceed diligently with such construction until the improvements have been completed. All construction must be initiated and completed in accordance with the Architectural Standards. A temporary waiver of those limitations will be granted for health reasons as identified and confirmed by an appropriately licensed physician.

Section 8: Occupancy of Structures: No structure shall be occupied or used for the purpose for which it was designed or built until the same shall be approved and or inspected by the County Building Inspector r such other official designated by Arapahoe County. No structure erected upon any Lot shall be occupied in any manner while in the course of construction nor at any time prior to its being fully completed, as herein required.

Section 9: Building Exterior: Each Owner shall maintain, paint, stain, and finish the exterior surfaces of all improvements and structures on his Lot, according to the Architectural Standards and as pre-approved by the ACC, so that such improvements present a pleasing and attractive appearance at all times.

Section 10: Air-conditioned Units: No air-conditioning unit, evaporative cooler or object shall be placed upon the roof of any residence or building which are visible from any public street, except or unless such objects meet the Architectural Standards and have been submitted to and approved by the ACC. This shall include solar heating and other related equipment available now or in the future.

Section 11: Off-street parking: At least two off-street parking places shall be required for each residence. Each dwelling on a Lot shall contain an enclosed garage suitable for the parking and storage of at least one automobile, and no Lot shall contain paved, gravel, or otherwise designated parking, visible from any public street, for more than 3 vehicles.

Section 12: Clearing of Trees and Grading: Approval shall be obtained from the ACC to cut down, clear, or kill any trees on any Lot in accordance with the Architectural Standards. No garden may be cultivated and maintained for commercial purposes.

Section 13: Unnatural drainage: The topographical conditions of a Lot shall not be altered in any way that would cause the drainage flow over and through such Lot onto any other Lot or property to be increased or altered. The elevation of a Lot shall not be changed so as to materially affect the relative elevations and grade of surrounding Lots. No rock, gravel, or clay shall be excavated or removed from the Properties for the purpose of the sales of such substances.

Section 14: Temporary Residences: No structure of temporary character, no trailer, converted trailer, mobile home, basement, tent, or accessory building shall be used on any Lot as a residence, temporarily or permanently, and no used structure of any sort shall be moved onto any Lot except that the ACC may approve the use of trailers or mobile homes for a designated length of time, not to exceed six (6) months to be used solely for a temporary residence or construction headquarters during the construction of the permanent residence.

Section 15: Site Distance at Intersection: Planting of shrubs, trees, or flowers and erecting of fences or other structures above the roadways any corner Lot within the triangular area formed by the street property lines and a line connecting them, shall be placed or permitted to remain only in accordance with the Architectural Standards.

Section 16: Nuisance: No nuisances, as defined in the architectural Standards shall be allowed or permitted upon the Properties, nor shall any use, practice, or activity which is the source of annoyance to residents or which interfere with the peaceful possession and proper use of the Properties by the residents thereof be suffered or permitted. No offensive or unlawful use or activity shall be permitted on the Properties and all valid laws, zoning, and other ordinances and regulations of all governmental bodies having jurisdiction shall be observed.

Section 17: Garbage and Refuse Disposal: No Lot shall be used or maintained as a dumping ground for rubbish, or similar activity, in accordance with the Architectural Standards.

Section 18: Walls: No boundary wall or fence shall be constructed without prior approval by the ACC according to the Architectural Standards.

Section 19: Retaining Walls: The Lots within the Properties may contain the base of retaining walls, so long as they are approved by the ACC in accordance with the Architectural Standards.

Section 20: Tanks, Etc.: No Elevated tanks of any kind shall only be permitted upon any Lot in the Properties, except according to the Architectural Standards or with approval from the ACC.

Section 21: Signs: No signs of any kind shall be displayed or placed upon any Lot in the Properties, except according to the Architectural Standards or with approval from the ACC.

Section 22: Subdivision of Lots: None of the Lots shall at any time be divided, subdivided or re-subdivided unless said division, subdivision or re-subdivision is permitted under the regulations, codes, and ordinances of the County of Arapahoe, State of Colorado. In the event of said division, all property thereunder shall be subject to all other provisions hereof.

Section 23: Animals, Livestock and Poultry: No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except those in accordance with the Architectural Standards or with approval from the ACC. The Owners of any animals on the Properties, approved or otherwise, shall be liable for all damage or injury caused by their animals.

Section 24: Mining: No derrick or other structure designed for use in boring for oil or natural gas shall be erected, place, or permitted upon any part of such premises unless in accordance with the Architectural Standards.

Section 25: Street Lighting: All Lots are subject to and bound by the local electric company or other authorized entity tariffs which are now and may be in the future filed with the Public Utilities Commission of the State of Colorado relating to street lighting in this subdivision, together with rates, rules and regulations therein provided and subject to al future amendments and changes thereto. The Owner or Owners shall pay as billed a portion of the cost of public street lighting in the subdivision according to the authorized entity .

Section 26: Trailers, Boats, Motor Homes, and Commercial Vehicles: Trailers, boats, motor homes, mobile homes, campers or similar recreational vehicles must be stored, maintained, or used in accordance with the Architectural Standards. Commercial vehicles or vehicles displaying equipment, advertising, or the name of any business or company thereon shall also be stored, maintained, or used in accordance with the Architectural Standards. All applicable laws and ordinances of Arapahoe County or any other entity having jurisdiction over the Properties concerning the matter of this subject shall be strictly observed.

Section 27: Automobiles, Trucks, or other Vehicles: No repair of any vehicles shall take place in the front yard, on the front drive, or in the street in front of any house except in accordance with the Architectural Standards. No stripped down, wrecked, unlicensed, inoperable or junk motor vehicle or sizeable part thereof, shall be permitted to be parked on any street or on any Lot except in a completely enclosed structure.

Section 28: Antennas: Antennas of any type (TV, C.B. or radio receiver, satellite, TVRO, SMATV, MMDS, or any future technology) and other receiver-based or transmission-based technology are permitted in accordance with the Architectural Standards.

Section 29: Landscaping: The front yard, including and yard visible from the street on which the Lot is located, shall be landscaped in accordance with the Architectural Standards.

Section 30: Windmills. No windmills of any shall be installed or permitted on the Properties except in accordance with the Architectural Standards.

Section 31: Roofing: Roofing materials and styles of roofing that are consistent with the neighborhood will be regularly reviewed and approved materials and styles will be determined by the Architectural Standards.

Section 32: Clotheslines. Clotheslines may be kept only in accordance with the Architectural Standards.

Section 33: Enforceability. Not withstanding anything herein to the contrary, any use existing as of the date this First Amended Declaration was recorded which violates one or more of the Use restrictions contained in subparagraphs (1) through (l5), and excluding (16) of paragraph 4, Use Restrictions of this First Amended Declaration shall be allowed to continue to exist as a permitted non-conforming use; provided, however, that upon the transfer of the any Lot or upon the termination of such non-conforming use by the Owner, whichever first occurs, such non-conforming use shall no longer be permitted.

Section 1: Easements: Easements for installation and maintenance of utilities and drainage facilitates are reserved as shown on the recorded plat of Foxridge and subsequent utility and easements of Public Record at Arapahoe County. Easements must be maintained in accordance with the Architectural Standards.

Section 1: Creation of the Obligation for Assessments. Each Owner, for each Lot owned by acceptance of a deed thereof, or interest therein, whether or not it shall be so express in such deed or instrument creating the interest in the Lot, shall be deemed to covenant and agree to pay to the Association, in the manner, amounts and times prescribed herein, all assessments, charges, fees, fines, and other sums which are described in this Amended Declaration, which shall be both a personal obligation of the Owner and a lien against his Lot as provided herein. Each owner (and such Owner’s successors assign, heirs, devisees and personal representatives) shall be jointly and severally liable to the Association for the payments of all Assessments, charges, fees and other sums attributable to them and/or their Lot. The personal obligation for the delinquent assessments and sums shall not pass to an Owner’s successors in title or interest unless expressly assumed by them. No Owner may waive or otherwise escape personal liability for the payment of the assessments, charges, fees and other sums provide herein by non-use of the Common Area or the facilities contained therein, by abandonment or leasing of his Lot, or by asserting any claims against the Association, ACC, Declarant, or other person.

Section 2: Purpose of Assessments: Assessments levied by the Association shall be used exclusively to promote recreation, health, safety and welfare of the Owners, including allocation to reserves, and for improvement and maintenance of common areas and for the acquisition and maintenance of commonly owned equipment, materials, supplies, computer-related and communications items, signs, or other property, as approved by the Board.

Section 3: Annual Assessments. The annual assessment shall specifically include, but shall be limited to the following common expenses:

1. Expenses of Covenants enforcement;
2. Communication expenses, such as newsletters, printing and photocopying, website, signs to announce meetings or Association activities, photos, and other reasonable expenses;
3. Taxes and special assessments for Common areas not covered by G.I.D. allowances;
4. Premiums for all insurance which the Association maintains as required or permitted under this Amended Declaration;
5. Common lighting, water and other common utility, sewer charges, and any other maintenance which is the responsibility of the Association, and is not covered by G.I.D. allowances;
6. Legal and accounting fees;
7. Any deficit remaining from a previous assessment year;
8. A working capital fund or creation of reasonable contingency reserves, surpluses and sinking funds;
9. Any other cost, expenses and fees that may be incurred or may reasonably be expected to be incurred by the Association for the benefit of the Owners.

The Board shall also have authority, to the extent it deems proper, to provide any other services requested by a particular Owner, but only on a contract basis under which those Owners pay the cost thereof.

Section 4: Fixing Assessments. The Board may propose a regular annual assessment for each fiscal year at an amount deemed sufficient to meet the needs of the Association. If the proposed amount is less than 15% of the previous year’s assessment, beginning with the amount set forth at the first meeting held after the approval of these First Amended Declarations by a Majority of Owners, then the amount must be approved by a Majority of Board members.

If the amount is in excess of 15% of the previous year’s assessment, beginning with the amount set forth at the first meeting held after the approval of these First Amended Declarations by a Majority of Owners, then it must be considered a Special Assessment and must be approved by a majority of the Owners.

Section 5: Payment of Assessments. No later than thirty (30) days prior to the beginning of each annual assessment period, the Board must prepare a proposed budget for the Association for the purpose of setting the total annual assessment based on the cash requirements needed by it to provide for the administration and performance of its duties during the assessment year. The proposed budget must be made available to every Owner for review either by a special mailing or inclusion with other mailing, public posting on premises, Internet website, or hand-delivery, and shall set a date for a meeting of the Lot Owners to consider ratification of the budget not less than fourteen (14) days after the delivery of the summary. Unless at that meeting a majority of the Board (if the amount is less than 15% greater than the previous years’ assessment) or the Owners (if the amount is more than 15% greater than the previous years’ assessment) entitled to vote reject the budget, the budget shall be deemed ratified, whether or not a quorum is present. In the event that the proposed budget is rejected, the periodic budget last ratified by the Owners must be continued until such time as the Owners ratify a subsequent budget proposed by the Board. The annual assessment may be payable either in one annual installment or as the Board directs. The Board shall cause to be prepared, delivered or mailed to each Owner, at least 30 days in advance of each annual assessment period, a payment statement setting forth the annual assessment and date due, as applicable.

1. General.Any Assessments which are not paid when due shall be delinquent. If any assessment is not paid when due, the Board may impose a late charge or administrative fee for each delinquent assessment. The amount of the late charge shall be ten percent (10%) of the amount of the delinquent assessment . Any assessment not paid as of the date due shall also bear interest from the due date at the rate of eighteen percent (18%) per annum, and the Board may bring action at law against the Owner personally obligated to pay the same, and/or foreclose the lien against such Owner’s Lot, and/or may suspend the delinquent Owner’s right to vote and the right to use Common Area. If a judgement is obtained, such judgement shall include interest and late charges on the assessment as above provided and the Costs of Collection.
2. Lien.Any unpaid assessment, charge, fee or other sums assessed against an Owner or his Lot, including without limitation interest at the rate of eighteen (18%) per annum, late charges and Costs of Collection, shall be a charge on the interest of the Owner in that Lot and shall be a continuing lien, in favor of the Association, upon the Lot against which each such assessment, charge, fee or other sums is made. All payments on account shall be first applied to interest, late charges, Costs of Collections, and then to the assessment payment first due. The Board may, but shall not be required to, record a statement of lien with respect to the Lot. The Board may proceed to foreclose the lien, and foreclosure or attempted foreclosure by the Association of its lien shall not be deemed to stop or otherwise preclude the Association from suing the Owner personally liable therefor or from thereafter again foreclosing or attempting to foreclose its lien from any subsequent assessment, charge, fee or other sums which are not paid when due.
3. Authority.Each Owner, by his acceptance of a deed to a Lot, hereby expressly vests in the Association or its agents, the right and power to bring all actions against such Owner personally for the collection of such charges as a debt and to enforce the aforesaid lien by all methods available for the enforcement of such liens, including foreclosure by an action brought in the name of the association in a like manner as a mortgage lien on real property, and such Owner hereby expressly grants it the Association a power of sale in connection with said lien. The lien provided for in this section shall be in favor of the Association and shall be for the benefit of all other Lot Owners. The Association, acting on behalf of the Lot Owners shall have the power to bid at foreclosure sale and to acquire and hold, lease, mortgage and convey the same, if acquired by the Association at the foreclosure sale or by deed in lieu of foreclosure.

Section 1: Enforcement: The Association, or any Owner, shall have the right to enforce, by a proceeding at law, or in equity, all restrictions, conditions, Covenants and reservations, now or hereafter imposed by the provision of this Declaration. Failure by the Association, or by any Owner to enforce any covenant restrictions herein contained shall in no event be deemed a waiver of a right to do so thereafter.

Section 2: Severability: Invalidation of any one of these Covenants or restrictions by judgement or court order shall in no way affect any other provisions and shall remain in full force and effect.

Section 3: Term: These Covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these Covenants are recorded, after which time said Covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of the Lots has been recorded, agreeing to change said Covenants in whole or in part.

The Covenants, including any amendments thereto, may be amended, in whole or in part, at any time by the recording of an instrument signed by at least one Owner of not less than a majority of the Lots.

Section 4: Gender and Grammar: The singular wherever used herein shall be construed to mean the plural when applicable, and the necessary grammatical changes required to make the provisions hereof apply either to corporations or individuals, men or women, shall in all cases be assumed as though in each case fully expressed.

Section 5: Applicability of First Amended Declaration. In the event the provision of this First Amended Declarations are invalidated as to any Lot(s) or Owner(s) due to failure to properly amend the Declarations applicable to such Lot(s) in accordance with applicable law or terms of such Declaration, the terms of the original Declaration, as amended by any amendments thereto which are properly adopted, shall be fully applicable to such Lot(s) and Owner(s) as if this First Amended Declaration had never been executed and recorded.

Section 6: Conflict with Articles, By-Laws, or Rules and Regulations. In the event there shall be any conflict between the provisions of this Declaration and all amendments thereto, and the Articles of Incorporation, By-Laws, or Rules and Regulations of the Association, the provisions of this Declaration, as amended, shall be deemed controlling.

In Witness Whereof, the undersigned, being the Declarant, has executed this Declaration the _____ day of ______, 2001.

(Allow for Board Signature Areas)

(Allow for Notary)

(Attached Owners signatures by original filing)