GALLATIN COUNTY PLANNING DEPARTMENT
REQUIRED COVENANTS
The property owners' association shall be responsible for the control of County-declared noxious weeds.
The control of noxious weeds by the Association on those areas for which the Association is responsible and the control of noxious weeds by individual owners on their respective lots shall be as set forth and specified under the Montana Noxious Weed Control Act (MCA 7-22-2101 through 7-22-2153) and the rules and regulations of the Gallatin County Weed Control District. The landowner does not control the noxious weeds, after 10 days notice from the property owners association, the association may cause the noxious weeds to be controlled. the cost and expense associated with such weed management shall be assessed to the lot and such assessment may become a lien if not paid within 30 days of the mailing of such assessment.
Lot owners and residents of the mobile home park are informed that nearby uses may be agricultural. Lot owners accept and are aware that standard agricultural and farming practices can result in smoke, dust, animal odor, flies and machinery noise. Standard agricultural practices feature the use of heavy equipment, burning, chemical sprays and the use of machinery early in the morning and sometimes late into the evening.
All new dwellings or home business occupancies built prior to the provision of an adequate water supply for fire fighting purposes shall be constructed with an automatic fire sprinkler system meeting the requirements of NFPA 13D/Uniform Fire Code. The fire district shall receive a stamped set of engineered sprinkler system plans for review and approval prior to construction. Inspections shall be scheduled, with 48-hour notice, during construction and after completion.
Mobile home stands shall be equipped with anchors and tie-downs in conformance with the Uniform Building Code.
Each mobile home stand shall be constructed to provide adequate support for placement of each mobile home, including a stabilize sub-base alone with an appropriate base material (gravel, concrete, etc.) to be approved by the County Road & Bridge Department.
All exterior boundary fences shall be maintained by the property owners association.
Only single-wide mobile homes are permitted on 50-foot-wide lots.
All residences shall have their addresses posted and addresses shall be visible from the roads.
Lot owners and residents of the subdivision are informed that nearby uses may be agricultural. Lot owners accept and are aware that standard agricultural and farming practices can result in smoke, dust, animal odors, flies and machinery early in the morning and sometimes late into the evening.
Individual lot access from County public roads shall be built to the standards of Section 7.G.2 of the Subdivision Regulations.
The property owners' association shall be responsible for maintenance of interior subdivision roads.
All fences bordering agricultural lands shall be maintained by the property owners, in accordance with state law.
Any covenant which is included herein as a condition of the preliminary plat approval and required by the County Commission shall not be amended or revoked without the mutual consent of the owners, in accordance with the amendment procedures in the covenants, and the County Commission.
ARTICLE I - DEFINITIONS
Section 1. Association shall mean and refer to River Rock Property Owners Association, 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 part of the properties. Owner shall also include the purchaser under a Contract for Deed.
Section 3. Property or Properties shall mean and refer to that certain real property hereinbefore described and such additions thereto as may hereafter be brought within the jurisdiction of the Association.
Section 4. Lot shall mean and refer to any plat of land shown upon any recorded subdivision of the properties.
Section 5. Declarant shall mean and refer to Valley Meadows, LLC and River Rock West, LLC. (Potter Clinton Development, Inc., Managing Member)
ARTICLE II - MEMBERSHIP AND VOTING RIGHTS
Section 1. Every Owner of a Lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment.
Section 2. The term Directors shall mean the Directors of the Association and shall consist of three lot owners who shall be elected at the annual meeting by a simple majority of the members of the Association. That Board of Directors shall be elected for a term set by a simple majority of the membership but not less than one year. Each director shall serve until replaced by his successor. Any vacancy in the Board of Directors occurring before the next annual meeting of the members shall be filled by appointment by the remaining directors.
Section 3. The Directors shall have the authority to act on behalf of the Association and its members as shall be reasonably necessary to carry out the purposes of the Association and enforce these Covenants. The Directors shall act by majority vote. The officers of the Association shall follow the directions of the majority vote of the Directors.
Section 4. The Directors shall serve as the Architectural Review Committee until and unless a majority of the members vote to have a separate Architectural Review Committee.
Section 5. Directors shall also serve as officers which shall be designated by a simple majority of the members at the annual meeting unless and until a majority of the members vote to have officers elected separate and apart from the directors.
Section 6. The duties of each of the officers shall be as follows:
a. President. The President shall preside over all meetings of the Association. He shall call the membership together whenever necessary. The President shall be the general administrative and executive officer of the Association. He shall perform such duties as may be specified, and exercise such powers as may be delegated to him by the Association.
b. Vice President. The Vice President shall exercise the powers of the President in the absence of the President.
c. Secretary/Treasurer. The Secretary shall give notice of all meetings of the Association. He shall keep a record of the proceedings of the meetings of the Association. He shall be authorized to sign, on behalf of the Association, all records, documents and instruments when such are authorized to be signed by the Association. He shall exercise such other duties as may be designated by the Association.
The Treasurer shall keep and maintain adequate and correct accounts of the properties and business of the Association, including accounts of its assets, liabilities, receipts, disbursements, gains and losses of the Association. He shall prepare and render such periodic accountings as shall be required of the Association.
Section 7. A vacancy in any office of the Association shall be filled by appointment by the Board of Directors until the next annual meeting or his/her successor is duly appointed or elected.
Section 8. The annual meeting of the Association shall occur on May 1st of each year. Any special meeting may be called by the President, or in his absence, by the Vice President. In addition, a special meeting shall be held upon call of 25% of the owners. Special meetings shall require 48 hours notice, in writing. Notice of annual and special meetings shall be mailed to owners at the address for each owner which is listed as such on the official plats and records of Gallatin County, as maintained by the Clerk and Recorder, Gallatin County, or at such address as shall be designated, in writing, by owner. The presence of members representing 60% of the total votes of the membership shall constitute a quorum.
Section 9. If proposed action is favored by a majority of the votes cast at a meeting, but such vote is less than the requisite sixty percent (60%) of the members, members who were not present in person or by proxy may give their assent to any action in writing, provided the same is received by the appropriate officer of the Association not later than thirty (30) days from the date of such meeting wherein the action was voted on.
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