SOMERSET HILLS VIII DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
THIS DECLARATION, made on the date hereinafter set forth by BREEDEN BROS., INC., hereinafter referred to as “Declarant”.
WITNESSETH: WHEREAS, Declarant is the owner of certain property in the City of Eugene, County of Lane, State of Oregon, which is more particularly described as:
Lots 276 through 539 and Common Areas “A, B, C and D” of SOMERSET HILLS VIII, as platted and recorded in File 73, Slides 78, 79 and 80, Lane County Plat Records, in Lane County, Oregon.
NOW, THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof.
ARTICLE I: DEFINITIONS
Section 1. “Association” shall mean and refer to Somerset Hills VIII Homeowner’s 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 a part of the Properties, including contract seller, but excluding 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 hereinbefore described, and such additions thereto as may hereafter, be brought within the jurisdiction of the Association.
Section 4. “Common Area” shall mean all real property owned by the Association for the common use and enjoyment of the owners and all Common Areas subsequently annexed thereto. The Common Area to be transferred to the Association at the time herein specified is described as follows: Common Areas “A, B, C and D” as platted and recorded in File 73, Slides 78, 79 and 80 Lane County Plat Records, in Lane County, Oregon.
Section 5. “Lot” shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of the Common Areas. A Tandem Lot is two separate Lots, unless improved with one living unit occupying both Lots, whereupon it shall he considered one Lot.
Section 6. “Improved Lot” shall mean with completed dwelling thereon.
Section 7. “Living Unit” shall mean any portion of structure intended for use, occupancy or ownership as a residence by a single family.
Section 8. “Declarant” shall mean and refer to Breeden Bros., Inc., its successors and assigns, if such successors or assigns should acquire more than one undeveloped lot from the Declarant for the purpose of Development shown upon the Somerset Hills VIII recorded subdivision map.
ARTICLE II PROPERTY RIGHTS
Section 1. Owners’ Easements of Enjoyment. Every owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions:
(a) the right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area;
(b) the right of the Association to suspend the voting rights and right to use of the recreational facilities by an Owner for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed 60 days for any infraction of its published rules and regulations;
(c) the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members.
No such dedication or transfer shall be effective unless an instrument signed by two-thirds (2/3) of each class of members agreeing to such dedication or transfer has been recorded.
Section 2. Delegation of Use. Any owner may delegate, in accordance with the By- Laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property.
Section 3. Title to Common Properties. The Developer may retain the legal title to the Common Properties until such time as it has completed improvements thereon and until such time as, in the opinion of the Developer, the Association is able to maintain the same but, notwithstanding any provision herein, the Developer hereby covenants, for itself, its heirs and assigns that it shall convey the Common Properties to the Association, free and clear of all liens and encumbrances, not later than January 1, 1992.
ARTICLE III MEMBERSHIP 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 Association shall have two classes of voting membership Class A. Class A member shall be all Owners with the exception of the Declarant and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot.
Class B. The Class B member shall be the Declarant and he shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier:
(a) When the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership, or (b) On January 1, 1992.
ARTICLE IV COVENANT FOR MAINTENACE ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within the Properties, hereby covenants and each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association:
(1) annual assessments or charges,
(2) special assessments for capital improvements and
(3) private street maintenance assessments or charge such assessments to be established and collected as hereinafter provided.
The annual and special assessments, together with interest, costs, and reasonable attorney’s fees, shall be a charge on the land and shall be a continuing lien upon the property against which such assessment is made. Each such assessment, together with interest, costs and reasonable attorney’s fees shall’ also be the personal obligation of the person who was the Owner of such property at the time when the assessments fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them.
Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents in the Properties and for the improvement and maintenance of the Common Areas and private streets.
Section 3. Maximum Annual Assessment. Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the minimum annual assessment shall be $35.00 per Lot. Assessments described in Article IV, Section 4, are in addition to the maximum annual assessment described in this paragraph, and shall be fixed by the Board of Directors.
(a) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the minimum annual assessment may be increased each year not more than 5% above the maximum assessment for the previous year without a vote of the membership.
(b) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased above 5% by a vote of two-thirds (2/3) of each class of members who are voting in person or by proxy, at a meeting duly called for this purpose.
(c) The Board of Directors may fix the annual assessment at an amount not in excess of the maximum assessment plus maximum increase.
Section 4. Special Assessments for Capital Improvements. In addition to annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto. Such special costs may include, but are not limited to, the private streets, recreational facilities and similar special costs. Any such assessment shall have the assent of two thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose.
Section 5. Notice and Quorum for Any Action Authorized Under Sections 3 and 4. Written notice of any meeting called for the purpose of taking any action authorized under Section 3 or 4 shall be sent to all members not less than fifteen (15) days nor more than 60 days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast fifty percent (50%) of all of the votes of each class of membership shall constitute a quorum. If the required quorum is not present, succeeding meetings may be called without notice after a 15 minute recess, and the required quorum at each subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting.
Section 6. Reserves.
(a) The Declarant may establish a reserve account in such amount as Declarant, in its sole and absolute discretion may deem necessary or advisable. The reserve account so established, including both principal and interest there from, shall be administered by the Association. Provided, however, the use of reserve shall be restricted to the repair, maintenance and replacement of private streets. In no event shall Declarant be held liable for or incur any obligation regarding failure to establish the reserve account, or the adequacy thereof, and no action at law or suit in equity shall lie there from. (b) At the time of initial conveyance of each lot, each owner shall pay to the Association, in addition to such other assessments and charges as shall then be due and payable, a reserve in the amount of the then established annual assessment. The reserve, or such part thereof as required, may be held and applied by the Association as full or partial payment toward such owner’s delinquent assessments and charges. Such application of an owner’s reserve account shall not relieve the owner or release the land of any obligation for the delinquent assessments or charges.
Section 7. Uniform Rate of Assessment. Both annual and special assessments must be fixed by the uniform rate called the “Basic Rate”, except that unimproved Lots shall be exempt from assessment until January 1, 1984, and shall thereafter be assessed the “Basic Rate”. Assessments for Lots· improved during an assessment year shall be prorated as of date of completion of improvements. In addition, costs related to particular types of residential structures shall be assessed uniformly to all structures of that type as determined by the Board of Directors. Such
additional costs shall be assessed in addition to the “Basic Rate” set forth in Article IV, Section 3 above. Assessments may be collected monthly or yearly as determined by the Board of Directors.
Section 8. Date of Commencement of Annual Assessments: Due Dates. The annual assessments provided for herein shall commence as to all Lots on the first day of the month following conveyance of the first Lot to an Owner. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot on or before January 1 of each year. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid.
Section 9. Effect of Non-payment of Assessments: Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of 10 percent (10%) per annum. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot.
Section 10. Subordination of the lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which become due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof.
ARTICLE V ARCHITECTURAL CONTROL
Section 1. No building, fence, wall or other structure shall be commenced, erected or maintained upon the Properties, nor shall any exterior addition to or change or alteration therein 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 the Architectural Control Committee and approved in writing as to harmony of external design and location in relation to surrounding structures, topography and existing or planned plantings by the Board of Directors of the Association, or by the Architectural Control Committee composed of three (3) or more representatives appointed by the Board. Any exterior maintenance of structures sharing a party wall with another structure
shall require approval of the Board. This Article shall not apply to the Declarant. Breeden Bros., Inc. shall have the right to assign any of their rights under this covenant to another
builder or Developer.
Section 2. The initial Architectural Control Committee, tor the purpose of administrating and enforcing these protective covenants, shall be John F. Breeden, Leigh R. Iverson and Loy Sparks, until their successor are elected or until all Lots are sold, whichever occurs first.
ARTICLE VI EXTERIOR MAINTENANCE
Each owner shall be responsible for maintaining and keeping in good order and repair the interior and exterior of his own dwelling, including any garage or yard within Lot lines. In the event an Owner of any Lot in the properties shall fail to maintain the premises and the improvements situated thereon in a manner satisfactory to the Board of Directors, the Association, after approval by a two-third (2/3) vote of the Board of Directors, shall have the right through its agents and employees, to enter upon said parcel and to repair, maintain, and restore the Lot and the buildings and any other improvements erected thereon.
Such maintenance or repair shall include, without being limited to, the following: Paint, repair, replace and care for roofs, gutters, downspouts, exterior building surfaces, trees, shrubs, grass landscaped areas, walks, and other exterior improvements. Such maintenance or repairs shall be added to and become a part of the assessment to which such Lot is subject, and may become a lien, and enforceable in the same manner.
Damage caused by fire, flood, storm, earthquake, riot, vandalism or other causes than normal wear from use and the elements shall be the responsibility of each owner, but the Association reserves the right to replace the exterior of any structure damaged or destroyed from whatever cause and the cost of such repair or replacement may, in the discretion of the Directors, be added to and become a part of the assessment to which such Lot is subject, and may become a. lien, and be enforceable in the same manner.
The Association shall reasonably maintain or provide for the reasonable maintenance of the Common Areas including improvements to said Common Areas. In addition to the maintenance upon the Common Areas, whenever a Tandem Lot is in separate ownerships, and the separate Owners cannot agree upon private maintenance, the Association shall provide exterior maintenance upon each such Lot, including but not limited to, paint, repair, replace and care for roofs, gutters, downspouts, and all other exterior building surfaces. Such maintenance or repairs shall be added to and become a part of the assessments to which such lots are subject, and may become a lien, and enforceable in the same manner. In the event that the need for maintenance or repairs is caused by the willful or negligent act of one of the owners of a Tandem Lot, his family, guests or invitees, the cost of such maintenance or repairs shall be added to the at-fault Owner’s Lot and become a part of the assessment to which such Lot is subject. Tandem Lots by way of example are Lots 283/284, 287/288, 291/292, 298/299, 300/301, 310/311, 312/313, 319/320, 321/322, 331/332, 349/350, 362/363, 370/371, 372/373, 381/382, 384/385, 392/393, 394/395, 421/422, 445/446, 461/462, 463/464 of Somerset Hills VIII.
ARTICLE VII
The following property subject to this Declaration shall be exempt from the assessments created herein:
(a) all properties expressly dedicated to and accepted by a local public authority,
(b) the Common Areas, and (c) all other properties owned by the Association.
ARTICLE VIII ENCROACHMENTS
If any portion of a party wall or other part of a building or structure, including but not limited to, foundation, roof overhangs, and fireplaces, now or hereafter constructed upon said property by the Declarant, encroaches upon any part or the Common Areas (other than those parts of the Common Areas actually used for public sanitary and storm sewers,) or upon the Lot or Lots used or designated for use by another Lot Owner, an easement for the encroachment and for the maintenance of same’ is granted and reserved and shall exist, and be binding upon the Declarant and upon all present and future Owners of any part of said property for the benefit of the present and future Owners of such encroaching building or structure for the purpose of occupying and maintaining the same; in the event a structure consisting of more than one living unit becomes partially or totally destroyed or in need of repair or replacement, mutual and reciprocal easements are granted and reserved upon the Common Areas and in and upon each living unit and Lot for the benefit of the Association and the adjacent Owner or Owners to the extent reasonably necessary or advisable to make repairs and replacements; and minor encroachments resulting from any such repairs and/or replacements and the maintenance thereof are hereby granted and reserved for the benefit of the present and future owners thereof. The easements for encroachment herein granted and reserved shall run with the land. The cost of reasonable repair and maintenance of a party wall shall be shared by the Owners who make use of the wall in proportion to such use. Notwithstanding any other provision of this Article, an Owner who by his negligent or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner’s successors in title. In the event of any dispute arising concerning a party wall, or under the provisions of this Article, each party shall choose one arbitrator, and such arbitrators shall choose one additional arbitrator, and the decision shall be by a majority of all the arbitrators. Where there are common drives and access ways, within Lot lines, the cost of reasonable repair and maintenance of the same shall be shared by the Owner who makes use thereof. No such common drive or access way shall be obstructed any manner. Breeden Bros., Inc., shall have the right to assign any of their rights under this covenant to another builder or developer.
ARTICLE IX EASEMENTS
All conveyances of land situated in the said property made by the Declarant and by all persons claiming by, through, or under the Declarant, shall be subject to the foregoing restrictions, conditions and covenants, whether or not the same be expressed in the instruments of conveyance, and each and every such instrument of conveyance shall likewise be deemed to grant and reserve, whether or not the same be declared therein, mutual and reciprocal easements over and across all of the Common Areas of said property for the purposes of traveling by foot or conveyance or resting or otherwise being there, and over, under and across all portions of said property (except those portions thereof actually intended to be occupied as living space in any building now or hereafter located upon said property) and specifically including, without being limited thereto, the interior of party walls, attic crawl spaces and the area below the living space in any living unit, for the purpose of building, constructing and maintaining underground or concealed electric and telephone lines, gas, water, sewer, storm drainage lines, radio and television antennae and cables, and other utilities and services now or thereafter commonly supplied by public utilities or municipal corporations and upon, over or under all Common Areas for constructing and maintaining thereon streets, creeks, sewers, drain and water lines, driveways, community and recreational facilities, ornaments and statues, swimming pools, lawns, landscaping and planted areas thereon; all of said easements shall be for the benefit of all present and future Owners of property subjected to the jurisdiction of the Association by recorded covenants and restrictions recorded as hereinabove provided, and their tenants, contract purchasers and guests, said easements and rights of use, however, shall not be unrestricted but shall be subject to reasonable rules and regulations governing said right of use, as promulgated from time to time by the Directors of the Association in the interest of securing maximum safe usage of said easements without unduly infringing upon the privacy of the Owners or occupant of any part of said property. An easement over, upon and across all parts of said property is granted and reserved to the Association, its successors and assigns to the extent reasonably required to perform exterior maintenance and to the extent reasonably necessary to perform other maintenance reasonably necessary or advisable to protect or preserve the value of said property and the living units thereon. In addition, an easement over, under, upon and across all parts of herein described Common Area, is reserved by the Declarant for the purpose of constructing the project, installing and maintaining utility services, dedicating easements to public bodies, or for any other easement required in the development of the herein described property or adjacent property. The Declarant shall have the right to transfer or assign all of his rights under this covenant to another builder or developer.
ARTICLE X SOMERSET HILLS VIII USE RESTRICTIONS
1. No Lot shall be used for other than residential purposes and no buildings shall be erected on any Lot except dwellings, garages or carports.
2. A single family living unit shall be limited to occupancy by one related family and exclusive of open porches and garages, shall contain not less than 800 square feet of habitable floor area.
3. Easements for installation and maintenance of utilities and facilities are reserved as shown on the recorded plat; provided however, that should Declarant determine, during the course of development, that the actual installation of utilities and facilities should deviate from the recorded plat, an easement for installation and maintenance over and across the property as actually located and installed is reserved. Said property is subject to the terms and provisions of E.W.E.B. underground electric rate agreement as recorded in Lane County, Oregon.
4. No structure of a temporary character, trailer, basement, partly finished house, shack, garage, barn or out-building shall be used on any Lot at any time as a residence either temporarily or permanently. All structures, additions or alterations shall be completed in not more than twelve (12) months from the starting date.
5. Yards shall be landscaped not more than thirty days after occupancy, except when occupancy occurs after October 1st and before May 1st. Yards delivered to occupant during said inclement weather shall be landscaped not more than thirty days after May 1st. Yards shall be maintained in a neat, clean condition and grass shall be watered and cut regularly.
6. No sign of any kind shall be displayed to the public view on any Lot except one Block Parent and one home occupation sign of not more than 1 square foot, both of which must be not less than twenty feet from the front property line. All other signs, including real estate broker signs, or owner signs advertising the property for sale or rent, are strictly forbidden. An automatic assessment of not less than $10.00 for each day a non-conforming sign is displayed to public view may be assessed by the Homeowner’s Association to any Owner in violation of this covenant and said assessment shall constitute a lien upon the property.
7. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon any Lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any Lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot.
8. No animals, livestock or poultry of any kind shall be raised bred or kept on any Lot, except 1 dog and/or 1 cat or other domesticated household pet may be kept, provided they are not kept, bred or maintained for any commercial purpose and do not create objectionable noise or odor and are maintained on a leash when off the owner’s property.
9. Except as provided in Paragraph 11 of these restrictions, no Lot shall be used or maintained as a parking place for trucks, equipment or materials except during the course of construction, or used as a dumping ground for rubbish or used as a parking place for automobiles not in regular family use and good operating conditions.
10. Trash, garbage or other waste shall not be kept except in sanitary containers emptied weekly. All incinerators, garbage cans or other equipment for the storage of or disposal of such materials shall be kept in a clean and sanitary condition enclosed by fences that screen them from sight.
11. Storage of any kind of goods, chattels, merchandise, material, fuel, supplies or machinery shall be within walls of the building, or enclosed by tight fences that completely screen it from sight. Open carports shall not be used for storage other than that enclosed by walls of the structure. Travel trailers, campers, boat trailers and similar vehicles are required to be parked behind the front line of the residence building, and in the case of corner Lots, only on the side of a residence building not facing a street. In no event, shall any of said vehicles be parked in the parking spaces of the private streets.
12. No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon which may become an annoyance or nuisance to the neighborhood.
13. No building, fence, structure or alteration shall be erected on any Lot until plans and specifications have been approved by the Architectural Control Committee of Somerset Hills VIII Homeowner’s Association, which will be appointed by the Owners and the Declarants herein named or their successors in interest. Territorial enclosure, i.e., fencing, plantings, etc., of circular Lots is expressly prohibited, but privacy fences for patios and screening of recreational vehicles, travel trailers, campers, boats and trailers and similar vehicles may be permitted with the approval of the Architectural Control Committee. Animal enclosures may be approved provided they are constructed of woven-wire on treated wooden posts. The Architectural Control Committee shall approve only those structures and alterations which harmonize in material, design, size and elevation with existing or planned buildings.
14. No TV, Citizens Band or antenna of any other kind erected on any Lot or attached to any building shall extend more than two feet above the highest point on the building or above the portion of the roof of the dwelling on which it is mounted, whichever is lower.
15. Covenant use restrictions 1,m 4, 5, 6, 9, 10, 11, 12, 13 and Article V shall not be applicable to the original developer and builder, Breeden Bros., Inc., or the builder’s Agent Breeden Bros. Realty Co., during the construction and sales period. Breeden Bros., Inc. shall have the right to assign one or all of their rights under this covenant to another builder or developer.
16. When these covenants do not cover a situation, the rules and regulations of the City of Eugene shall be applied. In all cases where there are conflicting rules showing a difference in requirements, the stricter of the two is to be used. The decision of the Board of Directors shall govern in determining which rule is the strictest.
17. Destruction by Fire or other casualty. If a party wall is destroyed or damaged by fire or other casualty, any Owner who has used the wall may restore it, and if the other Owners thereafter make use of the wall, they shall contribute to the cost of restoration thereof in proportion to such use, without prejudice, however, to the right of any such Owners to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions. The word “use” as referred to herein means ownership of a dwelling unit or other structure which incorporates such wall or any part thereof.
18. Except with the written consent of the Association, no unit owner may lease or rent his living unit if such unlit is located on a Tandem Lot in separate ownerships. All leases and rentals shall be by written lease agreement, which shall provide that the terms of the lease shall be subject in all respects to the provisions of the Oregon Landlord Tenant Law, the declaration and these bylaws. Failure by the lessee or tenant to comply with the terms of such documents shall be a default under the lease. The Association may require termination of the tenancy in the event of any breach by thetenant. This paragraph shall not apply to Declarant during the time Declarant owns units in the condominium.
ARTICLE XI
Section 1. Enforcement.
The Association, or any Owner, or the Declarant, its heirs, successors, and assigns, shall have the right to enforce, by anproceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association, or any Owner, or the Declarant, its heirs, successors, and assigns, to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter, nor shall any failure to do so by the Declarant, its heirs, successors, and assigns, create any right of action for breach of any duty.
Section 2. Severability. Invalidation of anyone of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect.
Section 3. Amendment Duration. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the then Owners of two-thirds of the Lots has been recorded, agreeing to amend said covenants and restrictions in whole or in part. This Declaration may be amended during the first twenty (20) year period by an instrument signed by the then-Owners of ninety percent (90%) of the Lots. Any amendment must be recorded. No amendment may change any Lot, nor the share in the common element appurtenant to it, nor increase the owner’s share of common expenses, nor change the voting power of any Lot unless such amendment has been approved by the record owner of the Lot and the record owner of liens thereon. No amendment shall abrogate the responsibility of the Association to provide for the maintenance and operation of the Common properties and properties of Lot Owners as herein provided, including levying of assessments required to meet costs and expenses of such operation and maintenance. No amendment shall discriminate against any Lot or class, or group of Lots, unless the record owners so affected shall approve. Developer’s prior written consent shall also be required so long as Developer owns any Lot.
Section 4. Annexation. Additional residential property and Common Area may be annexed to the Properties with the consent of two-thirds (2/3) of each class of members, except additional lands within
Sections 2, 3, 10 and 11, T18S R$WWM, Lane County Oregon, may be annexed by the Declarant without the consent of members within 10 years of the date of this instrumen